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[ Statement of Proceedings | Calendar | Clerk of the Board ]
COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, MARCH 10, 1999
MORNING SESSION:
Meeting was called to order at 9:07 a.m.
Present: Supervisors Pam Slater, Chairwoman; Dianne Jacob, Vice Chairwoman; Greg Cox; Ron Roberts; and Bill Horn; also Thomas J. Pastuszka, Clerk.
Approval of Statement of Proceedings/Minutes for meeting of February 17, 1999.
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors approved the minutes for the meeting of February 17, 1999.
AYES: Cox, Jacob, Slater, Roberts, Horn
Public Communication
(No Speakers)
Board of Supervisors' Agenda Items
| 1. | Noticed Public Hearing: Appeal of Planning Commission Decision to approve a Major Use Permit, P96-010, Dr. Lee McGough, Residential Care Facility, A70 Limited Agriculture Use Regulations, North County Metropolitan Subregional Plan |
| 2. | Noticed Public Hearing: Mission Road Vacation, VAC 98-008, Fallbrook Community Planning Area (Carryover Item from 2/17/99, Agenda No. 12) |
| 3. | Noticed Public Hearing: UDC Homes Open Space Vacation, VAC 98-016, Alpine Community Planning Area (Carryover Item from 2/17/99, Agenda No. 13) |
| 4. | Use of 187.86 Acres of the County's 5 Percent Coastal Sage Scrub Loss Allotment by the Otay Ranch Company and the City Of Chula Vista |
| 5. | Closed Session (Carryover Item from 3/9/99, Agenda No. 25) |
1. SUBJECT: Noticed Public Hearing:
(Supv. Dist: 5)
This is a continued hearing on an Appeal of the Planning Commission decision to approve Major Use Permit P96-010, for a group care facility with a maximum of 12 clients. In addition to the Major Use Permit, the applicant had requested two separate Variances related to existing structures on the site. Variance No. l was for a reduction of the exterior side yard from 35 feet to 15 feet for an existing residence and deck. Variance No. 2 was for a reduction of the side yard setback from 15 feet to 4 feet for an existing residence and deck. On March 4, 1998, the Board of Supervisors approved Variance No. 1 and denied Variance No. 2. The appeal challenged the findings made pursuant to Section 7358 of The Zoning Ordinance and maintains that an Environmental Impact Report be completed for this project rather than an Application for Environmental Initial Study and subsequent Negative Declaration. The site is located in a rural residential area, easterly of the City of Escondido (Cloverdale Road) and comprises approximately 2.2 acres.
The applicant, Dr. Lee McGough, submitted a letter on November 18, 1998, requesting the withdrawal of the application for Major Use Permit P96-010 because he is no longer operating a group care facility at this site and no longer owns the property.
Accept the withdrawal of Major Use Permit P96-010.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors closed the hearing and granted the appeal to deny the project, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
2. SUBJECT: Noticed Public Hearing:
(Supv. Dist: 5)
This is a request to adopt the Resolution of Vacation to vacate a portion of Mission Road in the community of Fallbrook. This Vacation involves a 0.2 mile segment of Mission Road that is no longer required due to the realignment of Mission Road.
The proposal will not have an adverse impact on the business community.
1. Adopt the Resolution of Vacation (submitted Attachment A).
2. Find that the project, as proposed, is exempt from the provision of the California Environmental Quality Act, pursuant to Section 15305 of the California Environmental Quality Act Guidelines.
3. Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolution No. 99-67, entitled: RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT.
AYES: Cox, Jacob, Slater, Roberts, Horn
3. SUBJECT: Noticed Public Hearing:
(Supv. Dist: 2)
This is a request to adopt the Resolution of Vacation to vacate an open space easement previously reserved for the preservation of the Adam and Caroline Beaty House, which was recorded in conjunction with Final Subdivision Map 13523.
The proposal will not have an adverse impact on the business community.
1. Adopt the Resolution of Vacation (submitted Attachment A).
2. Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325.
Finding that the vacation complies with the California Environmental Quality Act Guidelines and will not have a significant effect on the environment, pursuant to Section 15305 of the California Environmental Quality Act Guidelines, ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolution No. 99-68, entitled: RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT.
AYES: Cox, Jacob, Slater, Roberts, Horn
4. SUBJECT: Use of 187.86 Acres of the County's 5 Percent Coastal Sage Scrub Loss Allotment by the Otay Ranch Company and the City Of Chula Vista
(Supv. Dist: 1,2)
The 1993 listing of the California gnatcatcher as threatened under the Federal Endangered Species Act imposed restrictions on clearing of the Coastal sage scrub (CSS) habitat in the County. In 1994, the Section 4(d) rule was issued that allows the take of up to 5 percent of the remaining CSS habitat within each jurisdiction enrolled in and actively developing a Natural Communities Conservation Program (NCCP). The County of San Diego has adopted a NCCP for one subarea of the County, and is actively preparing plans for the north and eastern portions of the County.
Several jurisdictions in the County have exhausted their 5 percent allotment under the 4(d) rule and are unable to authorize the clearing of CSS by new development projects. On occasion, these jurisdictions, or property owners in these jurisdictions, have requested that the Board allow the loss of CSS associated with their projects to be counted against the County's 5 percent CSS loss allotment. The Board has granted several such requests, totaling 850 acres. On October 13, 1998 (16), the Board established a procedure for such requests and conditions under which they may be granted, Board Policy I-122, Use of the County's 5 Percent Allowable Loss of Coastal Sage Scrub by Other Jurisdictions or Property Owners.
The City of Chula Vista (City) has exhausted its 5 percent CSS loss allotment. The Otay Ranch Company (Company) and the City have requested that proposed developments in Otay Ranch SPA One area be allowed to count loss of 187.86 acres of CSS under the County's 5 percent allotment. In return, the Company will make an Irrevocable Offer of Dedication on 266.6 acres of CSS lands north of Lower Otay Lake to the County, for use as part of the joint City County Otay Ranch Open Space Preserve. Lands to be dedicated total 78.74 acres more than is required by Policy I-122.
The proposed action would have no direct fiscal impact on the County General Fund. Under this action, the County will receive open space land. The present owner, The Otay Ranch Company, will pay for any work needed to demonstrate that the property is free of hazardous materials, and will be responsible for maintenance of the property in its current condition until the Otay Ranch Preserve Owner/Manager is prepared to accept and manage the lands.
This action implements policy direction contained in the Otay Ranch General Development Plan/Subregional Plan and the Resource Management Plan. The lands to be transferred to the County under this action are already owned by the developer, and conveyance of these open space lands is already part of the developer's economic analyses. The Company and the City have agreed on a program to fund and develop Olympic Parkway in this part of the development. Timely approval of this request is critical in order to: 1) allow for initiation of construction of Olympic Parkway; and 2) to allow initiation of land sales that will provide funding for Parkway construction. Olympic Parkway is a key component of the transportation system in this part of Chula Vista. Telegraph Canyon Road is nearing capacity, and Olympic Parkway will help to relieve the congestion. The sooner work on the Parkway can be started, the sooner the route will be available to relieve Telegraph Canyon Road congestion.
1. Approve the proposed use of 187.86 acres of the County's 5 percent allowable loss of Coastal sage scrub (CSS) habitat, in return for an Irrevocable Offer of Dedication and subsequent transfer of fee title to 266.6 acres of CSS to be held in trust by the County until it can be transferred to the Preserve Owner/Manager for use in the Otay Ranch Open Space Preserve.
2. Waive the provisions of Board of Supervisors Policy I-122, Use of the County's 5 Percent Allowable Loss of Coastal Sage Scrub by Other Jurisdictions or Property Owners.
3. Upon receipt, accept for recordation the documents entitled Irrevocable Offer of Dedication, covering 266.6 acres of land in the Otay Ranch for open space purposes (submitted Attachment A), to be recorded by the Clerk of the Board when Recommendation 4 has been completed.
4. Direct the Chief Administrative Officer to bring back the Irrevocable Offers of Dedication for acceptance after completion of necessary hazardous waste clearance studies and other actions necessary to the transfer of title.
5. Approve and authorize the Chair of the Board of Supervisors to sign the maintenance agreement (submitted Attachment B) by which the Otay Ranch Company, consistent with the Otay Ranch Open Space Preserve Conveyance Plan, agrees to manage and maintain the property in its current condition until it can be conveyed to the Preserve Owner/Manager.
6. Authorize the Otay Ranch Company to utilize the excess dedicated lands as mitigation for subsequent phases of Otay Ranch, pursuant to the Resource Management Plan Phase 2.
7. Direct the Chief Administrative Officer to bring back amendments to Board of Supervisors Policy I-122, Use of the County's 5 Percent Allowable Loss of Coastal Sage Scrub by Other Jurisdictions or Property Owners, to allow the use of an Irrevocable Offer of Dedication as an acceptable form of compensation.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors continued the item to March 17, 1999, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
5. SUBJECT: Closed Session
(Supv. Dist: All)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Anticipated litigation pursuant to section (c) of Government Code section 54956.9
No. of Potential Cases: 1
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Anticipated litigation pursuant to section (c) of Government Code section 54956.9
No. of Potential Cases: 1
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Viridiana Velez v. County of San Diego, et al.; North County Superior Court No. N77242
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
San Diego Building Authority, et al. v. M. H. Golden Company, et al.; San Diego Superior Court No. 694528
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Riverwatch, etc., et al. v. County of San Diego, et al.; Fourth District Court of Appeal No. D030732
F. PUBLIC EMPLOYEE SEMI-ANNUAL PERFORMANCE EVALUATION
Title: Chief Administrative Officer
County Counsel announced that the Board of Supervisors authorized County Counsel to:
Reject plaintiff's demand for $500,000 (Item C);
File a further brief in the Court of Appeal (Item E).
There being no further business, the Board adjourned at 10:45 a.m.
THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California
Notes by: Gomez
- - -
NOTE: This Statement of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.
Dist 1 Greg Cox
| Dist 2 Dianne Jacob | Dist 3 Pam Slater
Dist 4 Ron Roberts | Dist 5 Bill Horn
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