1999-1019_CALIF DEPT OF FISH & GAME_B3_Agenda Report AGENDA ITEM October 19, 1999
TO: George Scarborough, Executive Director
FROM: Thomas Tomlinson, Deputy Director
SUBJECT Consideration of Authorization for the Executive Director to Execute
California Department of Fish & Game (DFG), Section 1601, Streambed
Alteration Agreement for the Lower Rosan Ranch Property on behalf of the
Community Redevelopment Agency (CRA).
RECOMMENDATION
By motion: that the Board of Directors Authorize the Executive Director to Execute the
California Department of Fish & Game (DFG), Section 1601, Streambed Alteration
Agreement for the Lower Rosan Ranch Property on behalf of the Community
Redevelopment Agency (CRA).
SITUATION
A. Applicant
Community Redevelopment Agency (CRA)
George Scarborough, Executive Director
32400 Paseo Adelanto
San Juan Capistrano, California 92675
B. Summary and Recommendation
The City has retained the firm of Dudek and Associates, an environmental
consulting firm, to secure the necessary Resource Agency approvals to establish
compliance for a stockpile grading permit for the Lower Rosen Ranch property.
The stockpile is necessary in order to raise the site above the floodplain level.
Those permits would authorize continued grading, filling, and stockpiling on an
existing 15.79 acre parcel located along the north side of Stonehill Drive between
San Juan Creek to the west and the Southern California Regional Rail Authority
(SCRRA) railroad to the east. The California Department of Fish & Game (DFG)
has forwarded the Section 1601 Streambed Alteration Agreement to the Agency to
be executed. Upon execution of that agreement, the Agency will have secured
conditional approval by the California Department of Fish & Game (DFG) of its
stockpile plan.
FOR CITY COUNCIL AGENDA. j't
r • •
CRA Agenda Item -2- October 19, 1999
Staff recommends that the Board of Directors Authorize the Executive Director to
Execute California Department of Fish & Game (DFG), Section 1601, Streambed
Alteration Agreements for the Lower Rosan Ranch Property on behalf of the
Community Redevelopment Agency (CRA). A copy of the agreement is provided
as an attachment (Attachment 1, Section 1601 Streambed Alteration Agreement for
Lower Rosan Ranch)
C. Background
1. General Plan Designation: The project site is General Plan-designated "SS:
Special Study Area" which provides that the City will evaluate the unique
environmental characteristics of the site in conjunction with establishing an
appropriate zoning map designation for the property.
2. Zoning Designation: The project site is designated "GM" (Growth
Management) District on the City's Official Zoning Map. The "GM" District is a
holding zone administered under the "AG" (General Agriculture) District
classification until the property secures entitlements.
3. Environmental Processing: The Environmental Administrator will be required
to review the project pursuant to the provisions of the California Environmental
Quality Act (CEQA). The proposed stockpile plan will be scheduled for
Environmental Administrator (EA) review in conjunction with the Resource Agency
permitting process.
4. Prior Entitlements: The Lower Rosan property has not received City approval
of any land use entitlements.
D. Project Description
The overall project consists of securing the necessary Resource Agency approvals
to establish compliance for a stockpile grading permit issued to the Community
Redevelop-ment Agency (CRA) which would authorize continued grading, filling,
and stockpiling on an existing 15.79 acre parcel located along the north side of
Stonehill Drive between San Juan Creek to the west and the Southern California
Regional Rail Authority (SCRRA) railroad to the east. The stockpile will provide fill
to raise the site elevation above the 100-year floodplain level. The Agency has
retained Dudek and Associates to secure the following Resource Agency approvals
and/or permits:
o U.S. Army Corps of Engineers (COE) Section 404 Nationwide Permit (NWP).
o California Department of Fish & Game (DFG) Section 1601 Streambed
Alteration Agreement.
CRA Agenda Item -3- October 19, 1999
o Regional Water Quality Control Board (RWQCB) Section 401 Water Quality
Certification/Waiver.
E. Issues
Are the provisions of the agreement appropriate and acceptable.
F. Staff Analysis
Securing and executing the Section 1601 Streambed Alteration Agreement
represents the first major hurdle for the Agency in moving forward with the
implementation of stockpile plans for the Lower Rosan Ranch property. The City's
consultant has also secured approval of the Regional Water Quality Control Board
(RWQCB) Section 401 Water Quality Certification/Waiver. The U.S. Army Corps
of Engineers (ACOE) have indicated they would issue a Nationwide 26 permit for
the small area of wetlands pending the Agency's identification of a habitat mitigation
area within the City.
The proposed provisions in the Streambed Alteration Agreement represent typical
requirements of a permittee securing such approval. Staff requested and received
confirmation from Dudek and Associates staff that the provisions are typical for the
type of project the Agency is pursuing and are neither unique nor unusual.
G. Community Redevelopment Agency
The project site is situated within the Agency project area. Execution of the Section
1601 Streambed Alteration Agreement allows the Agency to further its objective for
the Lower Rosan Ranch site of creating an economically viable property.
COMMISSIONS/BOARD REVIEW AND RECOMMENDATIONS
None.
FINANCIAL CONSIDERATIONS
None.
NOTIFICATION
No notification is required. At such future date that the City would review development
plans for the property, all property owners within three-hundred (300) feet of the property
would be mailed a public notice advising them of the nature of the project and the
requested entitlements.
CRA Agenda Item -4- October 19, 1999
ALTERNATE ACTIONS
1. Approve.
2. Deny.
3. Continue consideration and request additional information from staff.
RECOMMENDATION
By motion: that the Board of Directors Authorize the Executive Director to Execute
California Department of Fish & Game (DFG), Section 1601, Streambed Alteration
Agreement for the Lower Rosan Ranch Property on behalf of the Community
Redevelopment Agency (CRA).
Respectfully submitted,
Thomas Tomlinson
Deputy Director
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(CAWPW W 61\AP\CRALRCA.WPD)
Attachments
Attachment 1, Section 1601 Streambed Alteration Agreement for Lower Rosan Ranch
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