BOARD OF SUPERVISORS
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COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 28, 1998

MORNING SESSION - Meeting was called to order at 9:05 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 September 16, 1998 and September 23, 1998.

ACTION

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors approved the minutes for the meeting of September 16, 1998 and September 23, 1998.

AYES: Cox, Jacob, Slater, Roberts, Horn

Board of Supervisors' Agenda Items

PUBLIC COMMUNICATION

Opportunity for Members of the Public to Speak to the Board on Any Subject Matter Within the Board's Jurisdiction But Not an Item on Today's Agenda.

___________________________________________________________________________________

1.

Continued Noticed Public Hearing:

Continued Hearing on POD 98-007, Zoning Ordinance Amendments, and Amendments to Subdivision Ordinance and Board Policies I-59 Specific Plan, and I-63 General Plan all Concerning Defense and Indemnity Agreements and Related Security

(Carryover Item from 7/15/98, Agenda No. 1)

2.

Response to Board of Supervisors Referral to Add Wright's Field in Alpine to the Multiple Species Conservation Program Preserve

(Carryover Item from 6/17/98, Agenda No. 7)

3.

Initiation of General Plan Amendment to Add State Route 11 to the Circulation Element in Support of the Proposed East Otay Mesa Border Crossing

[Funding Source: Land Use and Environment Group Reserve]

4.

Hearing on:

Sufficiency of Relocation Impact Report Related to Proposed Closure of Elfin Forest Vacation Village Mobilehome Park (MHP 97-01), San Dieguito Community Plan Area

5.

Approval of Secured Agreement for Public Improvements for County of San Diego Tentative Parcel Map No. 19040 Located in the Valle de Oro Planning Group Area

6.

Approve the Amendment to Agreement to Improve Subdivision (Substitution of Parties for County of San Diego Tract 4806-1 Final Map 12836, Located in the Fallbrook Planning Group Area

7.

Sycamore Ranch: Vacation (VAC) 98-012, Fallbrook Community Plan Area

8.

Administrative Item:

Approval of a Final Map and Secured Agreement for Public and Private Improvements for County of San Diego Tract No. 4767-2, Located in the Ramona Area

9.

Request for Planning and Sponsor Group Review and Input on Bed and Breakfast Ordinance

10.

Administrative Item:

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 5016-1, Located in the Ramona Area

11.

Administrative Item:

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 48420-1, Located in the Jamul-Dulzura Community Plan Area

12.

Administrative Item

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 4995-1, Located in the Mountain Empire Subregional Plan Area

1. SUBJECT: Continued Noticed Public Hearing:

Continued Hearing on POD 98-007, Zoning Ordinance Amendments, and Amendments to Subdivision Ordinance and Board Policies I-59, Specific Plan, and I-63, General Plan, all Concerning Defense and Indemnity Agreements and Related Security

(Carryover Item from 7/15/98, Agenda No. 1)

(Supv. Dist: All)

OVERVIEW:

County Counsel and the Chief Administrative Officer request the Board to continue this matter for 90 days. County Counsel and staff from the Department of Planning and Land Use met with representatives of the Building Industry Association (BIA) on September 21, 1998. We agreed that a series of meetings and discussions should occur between County staff and representatives of the BIA, as well as representatives from other community groups.

We estimate that this process should be completed in early spring of 1999. Given the excellent cooperation we have received from the BIA, we request the Board to continue this matter so we can have the additional meetings and discussions.

RECOMMENDATION:

COUNTY COUNSEL AND CHIEF ADMINISTRATIVE OFFICER:

Continue the matter for 90 days.

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

2. SUBJECT: Response to Board of Supervisors Referral to Add Wright's Field in Alpine to the Multiple Species Conservation Program Preserve

(Carryover Item from 6/17/98, Agenda No. 7)

(Supv. Dist: 2)

OVERVIEW:

On June 17, 1998 (7), your Board continued the item to October 28, 1998.

On October 22, 1997 (1), the Board of Supervisors directed the Chief Administrative Officer to work with the property owners of Wright's Field in Alpine and the Wildlife Agencies to add this property into the Multiple Species Conservation Program (MSCP) Plan Preserve. There are two ways that the process can be established to bring the property into the MSCP preserve system. One way would be for the Wildlife Agencies to include it on their map of Pre-approved Mitigation Areas.

With that designation, the site would be the focus of mitigation from land development projects and would become part of the preserve system as portions are purchased as mitigation. The other way is to work with the property owners and groups working toward land preservation to assist in the acquisition of the site.

Regarding the potential designation of the site as a part of the Pre-approved Mitigation Areas, staff has had negative responses from the property owners and the Wildlife Agencies. However, there are positive indications for the acquisition of portions of the site by the Back County Land Trust. If the land was acquired as open space, the Wildlife Agencies have indicated that it could then be eligible to become part of the MSCP Preserve.

FISCAL IMPACT:

No funding source is required. If approved, this recommended action will result in no current year cost, no annual cost, and will require the addition of no staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Authorize staff to discontinue efforts to include Wright's Field as part of the MSCP Pre-approved Mitigation Area but to continue to support the efforts of private trusts and community organizations to acquire the parcels in Wright's Field for inclusion in the MSCP Preserve system.

ACTION:

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors directed the Chief Administrative Officer to proceed with inclusion of the Wright's Field site in the Multiple Species Conservation Program, investigate options for its acquisition and return to the Board with recommendations, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

3. SUBJECT: Initiation of General Plan Amendment to Add State Route 11 to the Circulation Element in Support of the Proposed East Otay Mesa Border Crossing

(Supv. Dist: 1)

OVERVIEW:

This action is to authorize the Chief Administrative Officer (CAO) to proceed with a General Plan Amendment (GPA) to add State Route 11 (SR-11) to the County Circulation Element in support of the proposed East Otay Mesa border crossing.

FISCAL IMPACT:

Funds for this request are not budgeted. The funding source is Land Use and Environment Group (LUEG) Reserve. If approved, this request results in a $35,000 increase in the Department of Public Works (DPW) General Fund and $5,000 increase in the Department of Planning and Land Use (DPLU) General Fund. No additional costs and no additional staff years are anticipated.

BUSINESS IMPACT:

The addition of a significant transportation corridor and the addition of a new state-of-the-art port of entry will have a positive impact on the property owners and developers in the East Otay Mesa area.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve and authorize the transfer of appropriations in the amount of $35,000 from the LUEG, Org 0651, Account 6401, to the DPW General Fund, Org 5893, Account 2315, and Activity 31SR11, for the costs associated with this project.

2. Approve and authorize the transfer of appropriations in the amount of $5,000 from the LUEG, Org 0651, Account 6401, to DPLU, Org 5663, Account 2315, for costs associated with this project.

3. Authorize the CAO to proceed with a GPA to add SR-11 to the County Circulation Element.

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

4. SUBJECT: Sufficiency of Relocation Impact Report Related to Proposed Closure of Elfin Forest Vacation Village Mobilehome Park (MHP 97-01), San Dieguito Community Plan Area

(Supv. Dist: 3)

OVERVIEW:

This is a request by several residents of the Elfin Forest Vacation Village Mobilehome Park, pursuant to Government Code Section 65863.7(d), for a hearing on the sufficiency of the Relocation Impact Report before closure of the mobilehome park. This mobilehome park is located in the San Dieguito Community Plan area, is more than 30 years old, and has permits issued by the State of California for 39 mobilehome spaces, 36 travel trailer spaces and 120 recreational vehicle trailer spaces. It is located on a 97-acre site at the intersections of Harmony Grove Road, Questhaven Road, and Elfin Forest Road. It is zoned RV2 (Variable Family Residential Use Regulations), RMH3 (Mobilehome Residential Use Regulations), and A70 (Limited Agricultural Use Regulations). It is designated (17) Estate, (18) Multiple Rural Use, and (24) Impact Sensitive on the San Dieguito Community Plan.

RECOMMENDATION:

DEPARTMENT OF PLANNING AND LAND USE:

Accept the Relocation Impact Report for Elfin Forest Vacation Village as sufficient provided that it includes the following mitigation:

1. Reimburse the mobilehome owner for the cost to disassemble, transport, and reassemble the mobilehome unit at its new location.

2. Expand the survey of replacement mobilehome space availability to a 30-mile radius if, at the time of the move, there are no vacancies within the 10-mile radius or if none of the mobilehome parks will accept an Elfin Forest unit due to its age or size; provide copies of the new survey to each mobilehome owner and resident remaining in the park.

3. If, at the time of the move, there are no mobilehome space vacancies within the 30-mile radius or if none of the mobilehome parks will accept an Elfin Forest unit due to its age or size or due to the tenant's familial status, provide a lump sum payment to the tenant equivalent to the difference between the current space rent in the closing park and the rent in a comparable apartment unit or other rental housing alternative for a 24-month term and to include any security and cleaning deposits.

ACTION:

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors withdrew the matter at the request of the Chief Administrative Officer, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

5. SUBJECT: Approval of Secured Agreement for Public Improvements for County of San Diego Tentative Parcel Map No. 19040 Located in the Valle de Oro Planning Group Area

(Supv. Dist: 2)

OVERVIEW:

This is a request to approve the secured agreement for public improvements for a 4 parcel, 7.5 acre parcel map located in the Rancho San Diego area on Fury Lane approximately 4,560 feet from Avocado Blvd. (Thomas Guide, Page 1271, H-4, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Approve the Agreement to Improve Minor Subdivision for Tentative Parcel Map No. 19040 and authorize execution by the Clerk of the Board.

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

6. SUBJECT: Approve the Amendment to Agreement to Improve Subdivision (Substitution of Parties) for County of San Diego Tract 4806-1 Final Map 12836, located in the Fallbrook Planning Group Area.

(Supv. Dist: 5)

OVERVIEW:

This is a request to amend the agreements to substitute the responsible parties for a recorded subdivision.

The project is located in the Fallbrook area at the southeasterly corner of Reche Road and Green Canyon Road (Thomas Guide, Page 1028, B-4, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve the amendment entitled, Amendment to Agreement to Improve Subdivision (Substitution of Parties), and authorize execution by the Clerk of the Board.

2. Direct the Clerk of the Board to release the existing Security furnished by United States Fidelity and Guaranty Company.

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

7. SUBJECT: Sycamore Ranch: Vacation (VAC) 98-012, Fallbrook Community Plan Area

(Supv. Dist: 5)

OVERVIEW:

This is a request for a Summary Vacation of existing public road right-of-way that was approved in connection with the recordation of Final Maps 9888 and 10000. These Final Maps have been significantly reconfigured through two comprehensive Boundary Adjustments B/C 98-0095 and B/C 98-0153. The streets to be vacated will be replaced by the new alignments approved through the Boundary Adjustments. In addition, there is a proposal to vacate a strip of excess right-of-way along Gird Road in the vicinity of the intersection of Knottwood Way. This proposed Vacation is located within the Sycamore Ranch Specific Plan

BUSINESS IMPACT STATEMENT:

The proposal will not have an adverse impact on the business community.

RECOMMENDATION:

DEPARTMENT OF PLANNING AND LAND USE:

1. Adopt the submitted Resolution of Summary Vacation which makes certain findings and approves the requested vacation, conditioned upon the Clerk of the Board of Supervisors receiving certification from the Director of Public Works that the right-of-way has been dedicated and a secured agreement entered into to construct the road improvements as required by and shown on Boundary Adjustments B/C 98-0095 and B/C 98-0153.

2. Direct the Clerk of the Board of Supervisors to record the Resolution of Summary Vacation upon receipt of said certification from the Director of Public Works.

ACTION:

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent adopting Resolution No. 98-292 , entitled: RESOLUTION OF SUMMARY VACATION OF STREET HIGHWAY OR PUBLIC SERVICE EASEMENT OR TERMINATION OF IRREVOCABLE OFFER OF DEDICATION.

AYES: Cox, Jacob, Slater, Roberts, Horn

8. SUBJECT: Administrative Item:

Approval of a Final Map and Secured Agreement for Public and Private Improvements for County of San Diego Tract No. 4767-2, Located in the Ramona Area

(Supv. Dist: 2)

OVERVIEW:

This project is a subdivision consisting of 19 single-family residential lots, and a total acreage of 105.88 acres.

It is located in the Ramona area near San Diego Country Estates at the intersection of Rainbird Road and Rancho Barona Road. (Thomas Guide, Page 1173, H5, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve this map.

2. Approve the Agreement to Improve Major Subdivision which includes the street improvements, setting of final monuments, and authorize execution by the Clerk of the Board of Supervisors.

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

9. SUBJECT: Request for Planning and Sponsor Group Review and Input on Bed and Breakfast Ordinance

(Supv. Dist: All)

OVERVIEW:

This is a request to receive input from Planning and Sponsor groups on suggestions from the Julian Bed and Breakfast Guild and other Julian business and community representatives to amend the Bed and Breakfast Ordinance. Specifically, the local Community Planning and Sponsor Groups are requested to review and provide input to three sections of the Zoning Ordinance that pertain to the use of discretionary permits to make repairs and alterations to a Bed and Breakfast; allowing the operation of a Bed and Breakfast on private roads if approved by a simple majority of property owners; and to allow the owner of the Bed and Breakfast to live in a separate dwelling unit on the property.

FISCAL IMPACT:

None.

RECOMMENDATION:`

SUPERVISOR JACOB:

Direct the Chief Administrative Officer to forward the following issues to all local Community Planning and Sponsor Groups for their review and recommendations, returning to the Board of Supervisors with a report in 90 days.

1. Should permits for repairs or alterations to a Bed and Breakfast be processed n the same manner that permits are processed for all other legal non-conforming uses?

2. Should a Bed and Breakfast be permitted to operate on a private residential road if a majority of property owners holding access rights to the road easement are in support?

3. Should the owners of a Bed and Breakfast be allowed to live in a separate unit on the premises?

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

10. SUBJECT: Administrative Item:

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 5016-1, Located in the Ramona Area

(Supv. Dist: 2)

OVERVIEW:

This project is a subdivision consisting of 89 single-family residential lots, one open space lot, one emergency access lot, and six street lots, for a total of 97 lots and 53.43 acres.

It is located in the Ramona area west of the intersection of Arena Drive and Arena Way. (Thomas Guide, Page 1173, D-2, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve this map and accept on behalf of the public, subject to improvements, Arena Way, Open View Road and a portion of Scarbery Road for use as streets as dedicated on said map.

2. Accept the access rights from lots 1, 2, and 3 in and to Arena Way, and from lots 1, 5, 17, 27, 33, and 51 in and to Open View Road, and from lot 39 in and to Scarbery Road as relinquished and waived on said map.

3. Accept the drainage easement, as dedicated on said map.

4. Accept the clear space easements over, upon, and across portions of lots 17, 18, and 77 as granted on said map.

5. Adopt submitted Resolution Accepting Previously Rejected Offer to Dedicate Subdivision Street, accepting the previously rejected offer of dedication of lot B, reserved for future street on Map No. 7519, and direct the Clerk of the Board of Supervisors to record the adopted Resolution Accepting Previously Rejected Subdivision Street with the San Diego County Recorder.

6. Approve the Agreement to Improve Major Subdivision which includes the street improvements and drainage facilities, sewer facilities, water facilities, setting of final monuments, park land fee, and authorize execution by the Clerk of the Board of Supervisors.

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

11. SUBJECT: Administrative Item:

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 48420-1, Located in the Jamul-Dulzura Community Plan Area

(Supv. Dist: 2)

OVERVIEW:

This project is a subdivision consisting of 20 single-family residential lots, and a total acreage of 194.59 acres.

It is located in the Jamul-Dulzura area north of Lawson Valley Road along Montiel Truck Trail. (Thomas Guide, Page 1274, A2, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve this map.

2. Accept the grant of an easement for open space over the portion of lots 3, 4, and 6 through 20 as granted on said map.

3. Reject on behalf of the public, Montiel Truck Trail, together with the right to extend and maintain drainage facilities and excavation and embankment slopes beyond the limits of the right-of-way as offered for dedication on said map.

4. Reject the drainage easements as offered for dedication on said map.

5. Approve the Agreement to Improve Major Subdivision, the Lien Contract and Holding Agreement No. 001351 and authorize execution by the Clerk of the Board of Supervisors. Upon approval by the Board and execution by the Clerk of the Board, the documents shall be forwarded to the County Recorder for recordation of the Lien Contract, Holding Agreement and Grant Deed.

6. Authorize the Chairman to execute the Lien Contract Certification on sheet one on the map and authorize the Clerk of the Board of Supervisors to acknowledge this signature on sheet one on the map.

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

12. SUBJECT: Administrative Item

Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 4995-1, Located in the Mountain Empire Subregional Plan Area

(Supv. Dist: 2)

OVERVIEW:

This project is a subdivision consisting of 83 single-family residential lots, and a total acreage of 756.79 acres.

It is located in the Mountain Empire Subregional area, south side of Old Highway 80 between Miller Valley Road and Crestwood Road. (Thomas Guide, Page 1298, B1, 1998 Edition)

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1. Approve this map.

2. Reject on behalf of the public the portion of Camino Tres Aves, lots 86, 101 and 103, and portion of lots 1, 2, 3, 65, 66, 67, 68, 69, 70, 71, 75 and 85 reserved for future street, for use as streets, together with the right to extend and maintain drainage facilities and excavation and embankment slopes beyond the limits of the right-of-way as offered for dedication on said map.

3. Reject the drainage easements as offered for dedication on said map.

4. Reject the flowage easements as offered for dedication on said map.

5. Reject the abutters rights of access from lots 39, 40, 41, 48, 65, 71, 82, 83 and 84 in and to Old Highway 80, except at access opening number 1, as relinquished on said map.

6. Accept the grant of an easement for open space over portions of lots 1 through 85 as offered for dedication on this map.

7. Approve the Agreement to Improve Major Subdivision, the Lien Contract and Holding Agreement No. 1006301-6 and authorize execution by the Clerk of the Board of Supervisors. Upon approval by the Board and execution by the Clerk of the Board, the documents shall be forwarded to the County Recorder for recordation of the Lien Contract, Holding Agreement and Grant Deed.

8. Authorize the Chairman to execute the Lien Contract Certification on the title sheet of this map and authorize the Clerk of the Board of Supervisors to acknowledge this signature on the map.

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

13. SUBJECT: Public Communication:

Don Stillwell addressed the Board urging the public to vote and expressed concerns over Bond

issues.

Ruby Watson addressed the Board with regard to bank foreclosures.

ACTION:

Heard; referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 9:15 a.m.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Notes by:

Egan

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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