1.

SUBJECT:

REVISIONS TO THE STORMWATER ORDINANCE, THE GRADING ORDINANCE AND THE GRADING AND CLEARING ORDINANCE   (DISTRICT: ALL)

OVERVIEW:

On  March 14, 2001 (2), your Board continued this item to April 25, 2001.

On February 7, 2001 (6), your Board continued this item to March 14, 2001.

On December 6, 2000 (1), the Board directed staff to consider several actions that would enhance stormwater protection in the County.  This letter proposes changes to the Stormwater Ordinance and Grading Ordinances that will accomplish some of those actions directed by the Board. 

This letter proposes to amend the County Stormwater Ordinance to add performance standards for construction activities and allows the creation of guidance documents for project proponents.  It also requires the use of natural Best Management Practices by developers when practicable.  Additionally, this letter proposes to amend the County Grading Ordinance and Grading and Clearing Ordinance by removing the exemptions related to agricultural grading and clearing of land.

FISCAL IMPACT:

There is no fiscal impact associated with these recommendations.

RECOMMENDATION:

1.      Find that the proposed Stormwater Ordinance, Grading Ordinance, and Grading and Clearing Ordinance Revisions are exempt from review under the California Environmental Quality Act (CEQA) as specified under Sections 15307, 15308, 15378(b)(2), and 15061(b)(3) of the State CEQA Guidelines for the reasons detailed in the Notice of Exemption Form dated February 7, 2001 and also explained in the Environmental Statement set forth below in this Agenda Item.

2.      Approve the introduction of the Ordinance, read title and waive further reading of the Ordinance, entitled:

AN ORDINANCE AMENDING THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO STORMWATER REGULATION.

Submit the Ordinance for further Board consideration and adoption on May 2, 2001.

      This Ordinance will become operative on June 1, 2001.

3.      Approve the introduction of the Ordinance, read title and waive further reading of the Ordinance, entitled:

AN ORDINANCE AMENDING THE GRADING ORDINANCE AND THE GRADING AND CLEARING ORDINANCE, RELATING TO AGRICULTURAL GRADING AND OTHER EXEMPTIONS.  

Submit the Ordinance for further Board consideration and adoption on May 2, 2001.

This Ordinance will become operative on  June 1, 2001.

ACTION:

Changing the word “prohibition” to “reduction” on Section 67.802 of the Stormwater Ordinance; adding Recommendation No. 4 as follows:  “Direct the Chief Administrative Officer to report back to the Board in 120 days with recommended options for implementing a simplified permitting process for agricultural grading and clearing.” ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, introducing Ordinances for further Board consideration and adoption on May 2, 2001; directed the Chief Administrative Officer as follows:  1) develop a streamline process for the nonagricultural operations;  2) report back to the Board on pollution reduction outcome as a result of this action;  3) report back to the Board on the cost-benefit analysis as a result of the Board action regarding the adoption of the ordinances; 4) toughen the penalty on those who violate the grading and clearing ordinance; and  5) add the statement “on penalty of perjury” to the submission of application on the grading and clearing permits.

AYES:  Cox, Jacob, Slater, Roberts, Horn

2.

SUBJECT:

NOTICED PUBLIC HEARING:

THE GROVES; TENTATIVE MAP TIME EXTENSION TM 4694RPL7TE; SAN LUIS REY PRIVATE DEVELOPMENT PLAN (PDP), BONSALL COMMUNITY PLAN (DISTRICT: 5

OVERVIEW:

This is an appeal of a Planning Commission Decision of Denial of a request for a Time Extension of TM 4694RPL⁷.  The Tentative Map includes the subdivision of 293.2 acres into 86 lots consisting of 85 residential lots and 1 commercial lot.  The site is subject to the San Luis Rey Private Development Plan, has a land use designation of (17) Estate (1 dwelling unit per 2 or 4 acres) and (13) General Commercial and zoned RR.5 (Rural Residential, 2.0 acre minimum lot size) and C36 (General Commercial).  The clustered lot design (lot area averaging) will allow approximately 18 residential lots to be less than the 2.0 acre minimum required by the existing RR.5 Zone, but not less than 1.5 acres in size as required in the Bonsall Community Plan.  The project site is located on the southwest corner of Mission Road (SR 76) and Olive Hill Road in the Bonsall Community Plan Area.

FISCAL IMPACT:

Not Applicable

RECOMMENDATION:

PLANNING COMMISSION:

Deny the Time Extension for the reasons included in the Staff Report and the Resolution of Denial (Attachment ‘C’).

RECOMMENDATION:

DEPARTMENT OF PLANNING AND LAND USE:

Grant the appeal and adopt the Resolution approving Tentative Map 4697RPL⁷TE that makes appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State Law (Attachment ‘B’).

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors closed the hearing and took action as recommended by  the Department of Planning and Land Use, on Consent, adopting Resolution No. 01-124, entitled: RESOLUTION OF SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING CONDITIONS FOR TENTATIVE MAP NO.4694RPL⁷TE.

AYES:  Cox, Jacob, Slater, Roberts, Horn

3.

SUBJECT:

NOTICED PUBLIC HEARING:

MAILED BALLOT ELECTION REQUEST FOR COUNTY SERVICE AREA NO. 107 ELFIN FOREST (DISTRICT: 5)

OVERVIEW:

The Board of Directors for County Service Area No. 107 – Elfin Forest has adopted a resolution requesting the Board of Supervisors to authorize the Registrar of Voters of the County of San Diego to conduct a mailed ballot proceeding to increase an existing special tax to provide additional funding for structural fire protection and emergency medical services.  The Board of Directors has determined current funding is insufficient to meet these needs, and after investigating other means to raise funds, request this levy.  Because the levy to be collected is a special tax, registered voters in County Service Area No. 107 – Elfin Forest must approve the ballot measure by a two-thirds vote.  In the event the ballot measure passes, special benefit taxes shall be applied effective Fiscal Year 2001-2002. 

This is a request for County Service Area No. 107 – Elfin Forest to authorize the Registrar of Voters to conduct a mailed ballot proceeding to increase an existing special benefit tax. Also requested is adoption of an ordinance to be effective immediately if the ballot measure passes.

FISCAL IMPACT:

If approved, this request will have no impact on the County General Fund in current or subsequent years, and will require no additional staff years.  County Service Area No. 107 – Elfin Forest will pay the cost of the mailed ballot proceeding.  Any levies resulting from this action will be approved by the Board as part of the annual benefit charge process.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.        Find in accordance with Section 15061 (b)(3) of California Environmental Quality Act (CEQA) Guidelines this action is exempt from provisions of CEQA because it can be seen with certainty there is no possibility the activity may have a significant effect on the environment.

2.        Adopt a Resolution entitled Resolution of the Board of Supervisors to Authorize Registrar of Voters to Conduct Mailed Ballot Proceeding in County Service Area No. 107 – Elfin Forest on the Question of Authorizing Levy of an Increase to the Special Benefit Tax.

3.        Adopt the following Ordinance to be effective immediately subject to confirmation by two-thirds of those voting in the mailed ballot election pursuant to Government Code Section 25123.

       AN ORDINANCE DETERMINING AND PROPOSING FOR ADOPTION, AN INCREASE TO THE ANNUAL SPECIAL BENEFIT TAX FOR STRUCTURAL FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES WITHIN THE BOUNDARIES OF COUNTY SERVICE AREA NO. 107 – ELFIN FOREST.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolution No.01-97, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO CONDUCT MAILED BALLOT PROCEEDING IN COUNTY SERVICE AREA NO. 107 – ELFIN FOREST ON THE QUESTION OF AUTHORIZING LEVY OF AN INCREASE TO THE SPECIAL BENEFIT TAX; introducing ordinance for further Board consideration.

AYES:  Cox, Jacob, Slater, Roberts, Horn

4.

SUBJECT:

TRAIL CIRCULATION MODEL FOR RANCHO JAMUL ECOLOGICAL RESERVE & HOLLENBECK CANYON

OVERVIEW:

The California Department of Fish and Game currently manages both Rancho Jamul Ecological Reserve and Hollenbeck Canyon in the Jamul area.  Today’s action will initiate a partnership between the County of San Diego, Department of Fish and Game, and local experts to develop a community-driven Trail Circulation Model to assist Fish and Game with the planning of existing trails within Rancho Jamul Ecological Reserve and Hollenbeck Canyon.

FISCAL IMPACT:

Funds for this request not to exceed $15,000 are budgeted in the DPW District 2 Trails Fund.

RECOMMENDATION:

SUPERVISOR JACOB:

1.      Direct the Chief Administrative Officer to partner with the California Department of Fish and Game and local experts to develop a community-driven Trail Circulation Model for the planning of existing riding and hiking trails within Rancho Jamul Ecological Reserve and Hollenbeck Canyon.

2.      Direct the Chief Administrative Officer to establish an on-going volunteer base for the Department of Fish and Game to utilize at Rancho Jamul Ecological Reserve and Hollenbeck Canyon.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended.

AYES:       Jacob, Slater, Roberts, Horn

ABSENT:  Cox

5.

SUBJECT:

IMPLEMENTING WIRELESS SMART GROWTH (DISTRICT:  ALL)

OVERVIEW:

Supervisor Jacob and Chairman Horn Board letter adopted January 23, 2001 (15).

On January 23, 2001 (15), the Board of Supervisors directed the Chief Administrative Officer to draft a Board policy with input from Industry and Planning Group representatives to establish development standards or guidelines for siting antennas for wireless services to include, but not be limited to the following:

1.              Return to the Board with strict design standards, particularly in residential areas, prohibiting steel towers.

2.              Preference shall be given to locating antennas in commercial or industrial areas.

3.              Preference shall be given to applicants that locate antennas on public buildings or existing structures.

4.              Co-locate with other providers when the concept is the preferred method of the community.

5.              Design facilities that are consistent with community character, i.e., stealth sites such as chimneys, steeples, flagpoles, light poles, clock towers, painting, screening, or masking as determined through the community design/review standards.

In response to the Board’s direction, the Department of Planning and Land Use reviewed wireless facility ordinances from approximately 25 jurisdictions.  Based upon that review, an outline of possible regulations was distributed to the industry and the Planning and Sponsor Groups for comment.  The outline was meant to be a starting point for discussion.  While it is possible that certain regulations from the outline will be part of the final ordinance, the Department is not proposing that the Board adopt the outline at this time.  The outline is not part of the proposed action.

Staff has met with industry representatives three times and with Planning Group representatives once regarding the possible regulations.  From those meetings, a framework for implementing the Board’s direction has been developed.  The Department of Planning and Land Use is recommending that this framework, along with certain other wide-ranging items be endorsed by the Board for inclusion in a future Zoning Ordinance amendment.

FISCAL IMPACT:

There is no fiscal impact associated with today’s action.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Direct the Chief Administrative Officer to initiate a Zoning Ordinance Amendment that includes a Master Plan, regulations regarding the number of towers and antennas permitted on a single site, a three-tiered permitting process, height limitations, along with other design requirements to be determined through meetings with community groups and industry.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors directed the Chief Administrative Officer to initiate a Zoning Ordinance Amendment, using the staff recommendation as a starting point for staff to meet with industry, with a designated representative from each Planning Group and the Sage Group.  Further directed that major focus be on aesthetics, clear definitions, and flexibility, and to provide a progress report to the Board in 90 days.

AYES:       Cox, Jacob, Slater, Horn

ABSENT:  Roberts

6.

SUBJECT:

TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICT: 1,2, 3, AND 5)

OVERVIEW:

The Traffic Advisory Committee (TAC) meets every six weeks to review proposed changes or additions to regulatory traffic controls.  Thirty-four items were on the Committee’s February 23, 2001 meeting agenda.  The Committee recommends your action on 31 items, as two items (2-C and 2-I) were continued prior to the TAC meeting at the request of the Lakeside Community Planning Group and one item (5-E) was continued before the meeting by staff in order to receive input from the City of San Marcos.  Item 2-K was deleted from the agenda prior to the meeting.  Of the 31 items, 19 are recommended for adoption.  The

Committee recommends non-adoption or alternative action for 12 items (1-A, 2-A, 2-B, 2-D, 2-H, 2-J, 2-L, 2-M, 2-Q, 3-A, 5-B, and 5-C).

FISCAL IMPACT:

Funds for this proposal are budgeted in the Department of Public Works Road Fund.

RECOMMENDATION:

TRAFFIC ADVISORY COMMITTEE

Consider and file report including the following recommendations:

District 1

1-A.      Allen School Road at Loma Paseo, BONITA-Do not establish stop controls for north and south bound motorists on Allen School Road.

District 2

2-A.      Vista Way, north side, from Monahan Road westerly 50 feet, LA MESA-Do not establish a disabled parking zone.  Do establish a passenger-loading zone.

2-B.      Eighth Street and I Street, RAMONA-Do not establish an all-way stop control.

2-C.      This item was continued prior to the meeting at the request of the Lakeside Community Planning Group.

2-D.      Royal Road and Melrose Lane, EL CAJON-Do not establish an all-way stop control.

2-E.      State Route 78 (Main Street), north side, from Eighth Street westerly 40 feet, RAMONA-Establish a parking prohibition.

2-F.      Mountain View Drive/Frances Drive between La Cresta Boulevard and Harbison Canyon Road, CREST-Establish a 45 MPH speed limit and direct this speed limit be certified for radar enforcement.

2-G1.    Campo Road/Sweetwater Springs Boulevard from a point 440 feet east of South Granada Avenue to a point 540 feet south of Loma Lane, CASA DE ORO/SPRING VALLEY-Direct the existing 45 MPH speed limit be re-certified for radar enforcement.

2-G2.    Sweetwater Springs Boulevard from a point 540 feet south of Loma Lane to Jamacha Boulevard, SPRING VALLEY-Direct the existing 45 MPH speed limit be re-certified for radar enforcement.

2-H.      Fuerte Drive and Calavo Drive, LA MESA-Do not establish an all-way stop control. 

2-I.       This item was continued prior to the meeting at the request of the Lakeside Community Planning Group.

2-J.       Hilton Head Road and Muirfield Drive, RANCHO SAN DIEGO-Do not establish an all-way stop control.

2-K.     This item was deleted from the agenda prior to the meeting.

2-L.     Casa de Oro Boulevard and San Juan Street, CASA DE ORO-Do not install a school             pedestrian traffic signal.

2-M.    Parkside Street and River Street, LAKESIDE-Do not establish an all-way stop control.

2-N.      Woodside Avenue, south side, from Vine Street westerly 70 feet, LAKESIDE-Establish a 30 Minute Time-Limit parking zone between 8AM and 5 PM Monday through Friday and between 9AM and Noon on Saturdays.

2-O.      Julian Avenue, south side, from Lemon Crest Drive easterly 170 feet, LAKESIDE-Establish a No Stopping zone between 7 AM and 3 PM on school days.

2-P1.    11^th Street, west side, from State Route 67 southerly 100 feet, RAMONA-Establish a parking prohibition applicable to vehicles six feet or greater in height. 

2-P2.    11^th Street, west side, from a point 100 feet south of State Route 67 southerly 50 feet, RAMONA-Establish a parking prohibition.

2-Q.      Bancroft Drive and Spring Place, SPRING VALLEY-Do not place on County’s Traffic Signal Priority List. 

2-R1.    Spring Drive, east side, from a point 50 feet south of Spring Place southerly 80

            feet, SPRING VALLEY-Amend an existing bus loading zone between 7 AM and 3 PM on school days.

2-R2.    Spring Drive, east side, from a point 130 feet south of Spring Place southerly 200 feet, SPRING VALLEY-Amend an existing parking prohibition between 7 AM and 3 PM on school days.

2-R3.    Hanson Lane, north side, from Ramona Street easterly 170 feet, RAMONA-Amend an existing parking prohibition.

District 3

3-A.      La Granada and Rambla de las Flores/San Elijo, RANCHO SANTA FE-Do not establish an all-way stop control.

District 5

5-A.      North Broadway between North Avenue and Cougar Pass Road, ESCONDIDO-Establish a 45 MPH speed limit and direct this speed limit be certified for radar enforcement.

5-B.      Camino del Arroyo and Hermosita Drive, LAKE SAN MARCOS-Do not establish an all-way stop control.

5-C.      Hermosita Drive and San Marino Drive, LAKE SAN MARCOS-Do not establish an all-way stop control.

5-D.      Lake San Marcos Drive and San Marino Drive, LAKE SAN MARCOS-Continue this item until the proposed community gate issue is resolved.

5-E.      This item was continued prior to the meeting by staff to allow input from the City of San Marcos.

5-F.      Lake San Marcos Drive, north side, from San Marino Drive westerly   feet and on the south side, from San Marino Drive westerly   feet, LAKE SAN MARCOS-Establish a parking prohibition.

5-G.      Country Club Drive between Kauana Loa Drive and Escondido City Limit, ESCONDIDO-Establish a 45 MPH speed limit and direct this speed limit be certified for radar enforcement.  Explore the possibility of installing equestrian/pedestrian signs for north and south bound motorists.

5-H.      Discovery Street, west side, from San Pablo Drive southerly 150 feet, LAKE SAN MARCOS-Amend an existing parking prohibition.

5-I.       North Lake Wohlford Road, west side, from Valley Center Road southerly 830 feet, VALLEY CENTER-Establish a parking prohibition.

5-I2.     Reche Road, north side, from a point 760 feet west of Green Canyon Road westerly 570 feet, FALLBROOK-Amend an existing parking prohibition.

5-I3.     Cloverdale Road, both sides, all County-maintained segments between State Route 78 and Escondido City Limit, ESCONDIDO-Establish a parking prohibition.

RECOMMENDATIONS

CHIEF ADMINISTRATIVE OFFICER

1.      Find pursuant to Section 15301 (c) of California Environmental Quality Act (CEQA) Guidelines the following actions are exempt from environmental review since they are part of operation of existing streets.

2.      Concur with Traffic Advisory Committee's recommendations.

3.      Adopt, amend and/or delete the following Resolutions and Ordinances.

            No. 300 (Items 2-A, 2-E and 2-R1)

            No. 301 (Items 2-E, 2-O, 2-P2, 2-R2, 2-R3, 5-F, 5-H, 5-I1, 5-I2 and 5-I3)

            No. 1177 (Item 2-P1)

4.      Approve the introduction of the Ordinances, (first reading), read title and waive further reading of the Ordinances (Items 2-F, 2-G, 2-N, 5-A and 5-G).

AN ORDINANCE ADDING SECTION 72.169.93.2. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE AMENDING SECTION 72.163.7. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

AN ORDINANCE DELETING SECTION 72.163.71. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

AN ORDINANCE ADDING SECTION 72.144.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE ADDING SECTION 72.161.40.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

AN ORDINANCE ADDING SECTION 72.161.40.2. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

Submit the Ordinances for further Board consideration and adoption, (second reading), on May 2, 2001.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors amended Section 2J as follows: Hilton Head Road and Muirfield Drive, RANCHO SAN DIEGO- Do establish an all-way stop control as recommended by Valle de Oro Planning Group and took action as recommended, on Consent, introducing Ordinances for further Board consideration on May 2, 2001 and adopting the following Resolutions:

 01-98  TRAFFIC RESOLUTION NO. 2626 – RESOLUTION AMENDING TRAFFIC NO. 300 RELATING THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO (ITEM 2-A) 

01-99   TRAFFIC RESOLUTION NO. 2628 – RESOLUTION AMENDING TRAFFIC             RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO (ITEM   2-E)  

01-100 TRAFFIC RESOLUTION NO. 2639 – RESOLUTION AMENDING TRAFFIC             RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING  ZONES IN THE COUNTY OF SAN DIEGO

01-101 TRAFFIC RESOLUTION NO. 2629 – RESOLUTION AMENDING TRAFFIC             RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO 

01-102 TRAFFIC RESOLUTION NO. 2630 – RESOLUTION AMENDING TRAFFIC             RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO  

01-103 TRAFFIC RESOLUTION NO. 2638 – RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 1177 RELATING TO THE RESTRICTION OF VEHICLES SIX FEET OR HIGHER IN HEIGHT FROM PARKING OR STANDING WITHIN 100 FEET OF CERTAIN INTERSECTIONS WITHIN THE COUNTY OF SAN DIEGO 

01-104TRAFFIC RESOLUTION NO. 2627 – RESOLUTION AMENDING TRAFFIC             RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING             ZONES IN THE COUNTY OF SAN DIEGO 

01-105    TRAFFIC RESOLUTION NO. 2631 – RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO 

01-106    TRAFFIC RESOLUTION NO. 2632 – RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO 

01-107    TRAFFIC RESOLUTION NO. 2633 – RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO 

01-108    TRAFFIC RESOLUTION NO. 2635 – RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO  

01-109  TRAFFIC RESOLUTION NO. 2637 – RESOLUTION AMENDING TRAFFIC              RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO  

01-110 TRAFFIC RESOLUTION NO. 2636 – RESOLUTION AMENDING TRAFFIC         RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO 

01-126 TRAFFIC  RESOLUTION NO. 2643 - RESOLUTION AMENDING TRAFFIC              RESOLUTION NO. 299 RELATING TO THE ESTABLISHMENT OF ALL-WAY              STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO

AYES:  Cox, Jacob, Slater, Roberts, Horn

7.

SUBJECT:

SET HEARING FOR 05/23/2000 

SET HEARING FOR O’MALLEY NOISE EASEMENT VACATION, VAC 00-014, VALLE DE ORO COMMUNITY PLAN AREA (DISTRICT:  2)

OVERVIEW:

This is a request to set a date for a public hearing to vacate an open space easement for the purposes of noise mitigation.  The open space easement was required as condition of approval of Tentative Map 4205 for a 14 lot residential subdivision.  The map was never recorded and subsequently expired.  The open space easement was recorded on February 16, 1984, before the map expired with the intent of protecting future residential property owners from noise impacts by requiring a Site Plan Review for those lots closest to the abutting public street.  Language within the open space noise easement precludes any use of the property within the open space noise easement boundary.  The applicant intends on using the site for the storage of nursery stock, a use that is allowed by right on the property. 

FISCAL IMPACT:

The proposal will not have an adverse fiscal impact.

RECOMMENDATION:

DEPARTMENT OF PLANNING AND LAND USE:

1.      Direct the Clerk of the Board of Supervisors to set a public hearing for May 23, 2001, 9:00 a.m. to consider vacating the O’Malley Open Space Easement.

2.      Provide the notice required by law.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, setting this matter for hearing on May 23, 2001, 9:00 a.m.

AYES:  Cox, Jacob, Slater, Roberts, Horn

8.

SUBJECT: 

PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES:  BAS DENBRAVER REORGANIZATION (RO 01-05) (DISTRICT:  5)

OVERVIEW:

Section 99 of the Revenue and Taxation Code requires that a property tax exchange be adopted by the Board of Supervisors before the Local Agency Formation Commission can process a proposal for jurisdictional change.

Proposed is a reorganization involving .5-acre portions from each of two adjacent parcels.  The property owners are processing an adjustment to their mutual boundary in order to grant road access to one of the parcels.  The realignment will necessitate associated jurisdictional changes to avoid having the realigned parcels split between the Vallecitos Water District and the Vista Irrigation District.  A one-half acre portion of one parcel will be annexed to the Vallecitos Water District and detached from the Vista Irrigation District, and a one-half acre portion of the other parcel will be annexed to the Vista Irrigation District and detached from the Vallecitos Water District.

The property is located north of Olive Street, east of Marilyn Lane, west of Low Chaparral Drive, and south of Deer Springs Road in the North County Metro/Twin Oaks Valley Community Plan.

FISCAL IMPACT:

The resolution will result in no change to the County’s current property tax in the area.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Adopt the Resolution Regarding Negotiated Property Tax Exchange Relative to Jurisdictional Changes.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-111. entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

AYES:  Cox, Jacob, Slater, Roberts, Horn

9.

SUBJECT:

AUTHORIZATION TO EXECUTE AN AGREEMENT FOR THE MANAGEMENT OF OPEN SPACE IN BERNARDO LAKES (TM 5070RPL3R) & TO AUTHORIZE THE DIRECTOR OF THE DEPT OF PLANNING & LAND USE TO EXECUTE SIMILAR OPEN SPACE MAINTENANCE AGREEMENTS IN THE FUTURE 

(DISTRICT:  ALL)

OVERVIEW:

The recommended actions will authorize the execution of an agreement among the County of San Diego, The Environmental Trust, Bernardo Lakes-San Diego, L.P., and Bel Etage-Savenna Homeowners Association for the management of open space within the Bernardo Lakes subdivision (TM 5070RPL³R) which will serve as a legally-binding document designating the responsibilities of each party, and authorize the Director of the Department of Planning and Land Use to execute similar open space maintenance agreements in the future.

FISCAL IMPACT:

N/A

RECOMMENDATION: