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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, APRIL 1, 1998
MORNING SESSION - Meeting was called to order at 9:15 a.m.
Present: Supervisors Greg Cox, Chairman; Pam Slater, Vice Chair; Dianne Jacob, Ron Roberts and Bill Horn; also Sandra G. Carter, Assistant Clerk.
Approval of Statement of Proceedings/Minutes for Meeting of March 18, 1998.
ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors approved the minutes for the meeting of March 18, 1998.
AYES: Cox, Jacob, Slater, Roberts, Horn
1. Continued Noticed Public Hearing:
Appeal of Approval of Vista San Luis Rey Tentative Map 4998RPL4, Bonsall Community Plan Area
(Carryover Item from 3/4/98, Agenda No. 3)
2. Noticed Public Hearing:
Appeal of a Planning and Environmental Review Board Denial of a Time Extension for Polo Club Subdivision by Shawky Ghattas of SGM Investment Corporation, Tentative Map (TM) 4736RPL4 Time Extension and Major Use Permit P92-019, Bonsall Community Planning Area
3. Noticed Public Hearing:
Darwin Clippinger; Zone Reclassification (R97-005) and Minor Use Permit (ZAP 97-013) North County Metropolitan Subregional Planning Area (Escondido)
4. Establishment of Descanso Planning Group
[Funding Source: The Registrar of Voters]
5. First Amendment to the Agreement Between the County of San Diego and the City of Chula Vista Regarding Jurisdiction over the Otay Landfill
6. Noticed Public Hearing:
Vista Grove Estates: Tentative Map (TM) 5111RPL1 ; North County Metropolitan Subregional Plan Area
7. Closed Session
8. Off Docket Item:
Temporary Closure of La Gracia in Rancho Santa Fe
9. Public Communication
1. SUBJECT: Continued Noticed Public Hearing:
(Supv. Dist: 5)
Appeal of the Planning Commission approval of a major subdivision of 93.79 acres into 17 lots for single-family residential development including privately maintained open space easements. Each lot will be served by private roads and public water and sewer. The lots range in size from 2.75 to 16.65 acres. The site is in the (17) Estate General Plan Land Use Designation (one dwelling unit per two and four acres) and RR.5 Use Regulation, located at the northeast corner of Old River Road and Dentro de Lomas in the Bonsall Community Plan Area.
The project will not have a significant impact on the local business community.
1. Find that the proposed project will not have a significant effect on the environment. Consider and approve the Negative Declaration, finding that it reflects the independent judgment of the Board of Supervisors.
2. Deny the appeal and adopt the Resolution approving TM 4998RPL4 which makes the 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.
The Planning and Environmental Review Board concurs with the Planning Commission recommendation.
The Department concurs with the Planning Commission recommendation.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors continued the Hearing to June 17, 1998, 9:00 a.m., on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
2. SUBJECT: Noticed Public Hearing:
This is an appeal of the Planning and Environmental Review Board's decision to deny a Time Extension for a 165-lot, 442-acre Planned Residential Development previously approved by the Board of Supervisors because it does not conform to the current Bonsall Community Plan. The site is located on the north side of Gopher Canyon Road, three miles west of Interstate 15, north of Vista Valley Country Club in the community of Bonsall. It is designated (17) Estate on the Bonsall Community Plan, categorized Estate Development Area on the San Diego County Regional Land Use Element, and zones RR.5 (Rural Residential) and A70(2) (Limited Agriculture).
Deny the appeal and adopt the Resolution and Form of Decision denying TM 4736RPL4 Time Extension P92-019TE which makes the appropriate findings.
The Department of Planning and Land Use concurs with the recommendation of the Planning and Environmental Review Board.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors continued the Hearing to May 6, 1998, 9:00 a.m., on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
3. SUBJECT: Noticed Public Hearing:
This is a request for a change in the setback designator from B to C of the Zoning Box (RR-1 Use Regulations), which would reduce the rear yard setback requirement from 50 feet to 25 feet, and a Minor Use Permit to legalize, pursuant to Zoning Ordinance Section 6156.x.12.iii, a second dwelling unit that does not conform to the living area limitation for such units.
1. Find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment. Consider the Negative Declaration, together with comments received during public review, and adopt it, finding that it reflects the independent judgment and analysis of the Board of Supervisors.
2. That the Board of Supervisors take the following action:
a. Adopt the Ordinance approving a change to the setback designation form B to C with no change in the RR1 Use Regulation (Submitted Attachment B).
b. Grant Minor Use Permit ZAP 97-013 which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State Law (Submitted Attachment C).
The Department of Planning and Land Use concurs with the recommendation of the Planning Commission.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 8900 (New Series), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY.
AYES: Cox, Jacob, Slater, Roberts, Horn
4. SUBJECT: Establishment of Descanso Planning Group
(Supv. Dist: 2)
Supervisor Dianne Jacob's Board Letter adopted February 18, 1998 (2).
On February 18, 1998, the Board of Supervisors directed the Chief Administrative Officer to return with a proposal to change the Descanso Sponsor Group to a planning group consisting of nine members.
Funds for this request are budgeted. The funding source is the Registrar of Voters. If approved this request will result in no current year cost, $1,000 annual cost and the addition of no staff years.
1. Authorize the conversion of the Descanso Sponsor Group to a community planning group, with the same boundaries, as follows:
a. Determine that the Descanso Community Planning Group shall consist of nine members, with individuals receiving the four highest numbers of votes being assigned to even-numbered seats receiving terms to expire on the first Monday after January 1, 2003, and the individuals receiving the next five highest numbers of votes being assigned to odd-numbered seats receiving terms to expire on the first Monday after January 1, 2001, and waive the provisions of Board of Supervisors Policy I-1 Planning and Sponsor Group Policies and Procedures which may be in conflict with these determinations.
b. Direct the Registrar of Voters to hold a planning group election in November 1998 as part of the general election for the purpose of electing a nine member planning group for Descanso.
c. Effective January 4, 1999, establish the Descanso Community Planning Group and concurrently disestablish the Descanso Sponsor Group.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
5. SUBJECT: First Amendment to the Agreement Between the County of San Diego and the City of Chula Vista Regarding Jurisdiction over the Otay Landfill
(Supv. Dist: 1)
On May 15, 1996, the County and the City of Chula Vista entered into an Agreement regarding jurisdiction over the Otay Landfill (Agreement). That Agreement dealt with, among other things the detachment of the Western portion of the Otay Landfill, generally known as Old Otay, from the City of Chula Vista and the development of a 1,000 foot buffer around the landfill. Chula Vista agreed to revise its General Plan, Zoning and other applicable land use regulations for the buffer within 730 days of the date of the Agreement. Chula Vista is requesting an amendment to that Agreement to extend the deadline for these actions to be completed, and the Board of Supervisors' response to certain General Plan Amendments being undertaken by the City.
These actions would result in no expenditures of funds, require no additional staff years and will have no impact on the General Fund.
Preserving compatible land uses in the 1,000 foot buffer is favorable to businesses that operate and rely upon the Otay Landfill.
1. Adopt the Agreement entitled First Amendment to Agreement Between the County of San Diego and The City of Chula Vista Regarding Jurisdiction Over and Operation of the Otay Landfill, substituting 910 days in lieu of 730 days where the latter term is used in Section 6 (a) of the Agreement.
2. Concur with Chula Vista's proposal that light industrial uses be allowed in the 1,000 foot buffer around the Otay Landfill complex. Direct the Chief Administrative Officer to communicate the Board's concurrence to the City of Chula Vista.
3. Find that any public and quasi-public use, including educational or other uses involving sensitive receptors in the 1, 000 foot buffer would be incompatible with the Otay Landfill Complex and direct the Chief Administrative Officer to communicate the Board's finding to the City of Chula Vista.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
6. SUBJECT: Noticed Public Hearing:
(Supv. Dist: 5)
This is an appeal by the Twin Oaks Sponsor Group of a Planning Commission decision to approve a request to subdivide 24.25 gross acres into 24 single-family residential lots. The project is located at 3531 Emma Road. It is subject to the (2) Residential (1 dwelling unit per acre) Land Use Designation and the RR1 Use Regulations. The minimum lot size is one-half acre.
This proposal will not have an impact on the business community.
1. Find that the proposed project will not have a significant effect on the environment. Consider and approve the Negative Declaration, finding that it reflects the independent judgment of the Board of Supervisors.
2. Deny the appeal and adopt the Resolution approving TM 5111RPL1 which makes the 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.
The Planning and Environmental Review Board concurs with the Planning Commission recommendation.
The Department concurs with the Planning Commission recommendation.
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as recommended, adopting Resolution No. 98-89, entitled: RESOLUTION OF SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING CONDITIONS FOR TENTATIVE MAP NO. 5111RPL1.
AYES: Cox, Jacob, Slater, Roberts, Horn
7. SUBJECT: Closed Session
(Supv. Dist: All)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
San Elijo Ranch, Inc., et al. v. County of San Diego, et al.; Riverside County Superior Court No. 272265/
Court of Appeal No. E019371
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
County of San Diego, et al. v. City of San Marcos, et al.; Riverside Superior Court No. 292531
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Western States Petroleum Association v. County of San Diego, et al.; U.S. District Court No. 98-0265 J
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Charlie Gilstrop v. County of San Diego, et al.; Superior Court No. 705707
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
John Murphy v. Brian Bilbray, et al.; U.S. District Court Case No. 90-0134 GT
F. CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION
Anticipated Litigation pursuant to section (b) of Government Code section 54956.9
No. of Potential Cases 1
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Dependency Attorney Panel, Inc. v. County of San Diego, et al.; Superior Court No. 719057
H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
In Re: America West Airlines, Inc. v. Debtor; United States Bankruptcy Court No. 91-07505-PHX-RGM
I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
County of San Diego v. Effie May, Inc.; San Diego Municipal Court No. 018281
J. CONFERENCE WITH LABOR NEGOTIATORS
Negotiators Name: Carlos Arauz, Madge Blakey, Dan Kelley, Mike Kolb and Carole McCown
Name of Employee Organizations: All
K. Threatened Litigation by City of Lemon Grove Concerning CSA 135 Special Tax Election (800 MHZ). (See Item 57)
No reportable matters.
8. SUBJECT: Off Docket Item:
Should the Board of Supervisors authorize a portion of La Gracia in Rancho Santa Fe to be used as an alternate staging ground/display area for the Classic Car Club of America annual spring meet from April 17-19, 1998?
There is no General Fund appropriation with this item.
Authorize a portion of La Gracia in Rancho Santa Fe to be used as an alternate staging ground/display area for the Classic Car Club of America annual spring meet from April 17-19, 1998.
8. ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors found that the need to take action arose subsequent to the Agenda being posted, and placed the item on the agenda.
AYES: Cox, Jacob, Slater, Roberts, Horn
8A. ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
9. SUBJECT: Public Communication
Steven Cecchini and Daniel Fagan expressed their concern about the homeless need for medical help and year-round shelter.
Don Stillwell expressed his concern about children killing children and recommends that the Board watch the video tape entitled Crisis in the Classroom.
Heard; referred to the Chief Administrative Officer.
There being no further business, the Board adjourned at 10:03 a.m.
THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California
Notes by:
Galang
- - -
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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