LOT FOR ROAD AND UTILITY PURPOSES. 4.859 acres.

LOT FOR SLOPE, DRAINAGE, ACCESS AND UTILITY PURPOSES. 5.112 acres.

GRANT DEED 20000330046

CUSD denied owning parcel 82 until the issue was challenged at the June 28, 2017 BOT Meeting (see: https://cusdwatch.com/index.php/2-uncategorised/276-capistrano-unified-school-district-makes-false-representations-to-the-public).

The question now is, does CUSD also own a portion of parcel 79- the lot for slope, drainage, access and utility purposes? If the answer to this question is yes, then construction of the Los Patrones/F Street is being done on property owned by CUSD, and may be the property referred to in Satinder Verma's letter to me as a "Temporary Construction Easement" for which CUSD would have received compensation.

I ask the County to issue a "Temporary Stop Work Order" until measurements were confirmed because I believe that construction of Los Patrones aka F Street aka the 241 toll road extension is being graded on Tesoro property. There has been a substantial shift in the alignment of the 241 Toll Road extension that threatens the health and safety of Staff and students at Tesoro High School. Tesoro High School is a "sensitive receptor". The original EIR acknowledged this, and required that there be a 10' high wall 3,700' long to protect students and staff from noise and pollution. That requirement was based on Los Patrones remaining a free arterial road. What is being built less than 100' from Tesoro High School is a Toll Road. A new environmental review is required.

From the Grand Jury Complaint:

https://cusdwatch.com/index.php/2-uncategorised/273-grand-jury-complaint

2. Who Owns Parcel -82? 

We can all now agree CUSD owns Parcel 82

Based on the land grants to CUSD, CUSD owns Parcel -82.  CUSD had its deeds plotted to confirm that understanding.  CUSD reviewed its own records, as well as an index of documents recorded with the County of Orange, and uncovered no title transfers of Parcel -82 to any other entity.  CUSD did transfer a small, unrelated portion of Parcel -69 to the Santa Margarita Water District in 2001.

CUSD, however, is also aware of certain discrepancies in County Records that reflect RMV Middle Chiquita, LLC, as the record owner of Parcel -82.  It appears this derives from a 2004 grant deed from DMB San Juan Investment North, LLC, recorded with the County of Orange as Document No. 200400098175 on October 29, 2004 (referencing a Certificate of Compliance recorded on July 26, 2001, as Orange County Document No. 20010508635, as the basis for the legal description of properties, including a “Parcel 4” that would cover Parcel -82).

CUSD, through legal counsel, has thus ordered a title report for Parcel ‑82, to formally review this apparent conflict in ownership records, so that the discrepancy can be addressed.  Ultimately, DMB San Juan Investment North, LLC, could not convey property it did not own, and CUSD records reflect that CUSD owned Parcel -82 at such time.

3. Do the Ownership Discrepancies Relative to Parcel -82 Impact Current Grading Activities?

If there is a known cloud on the title- how can grading continue until that is resolved? We need to confirm that there is no cloud on title of parcel 79.

No.  The apparent cloud on title relative to Parcel -82 needs to be resolved, and CUSD is actively working with legal counsel to do so.  At this time, however, there are no grading activities on Parcel -82.  When CUSD stated that no grading activities relative to the Los Patrones Parkway project are occurring on CUSD property, Parcel ‑82 was included within that statement.  CUSD is monitoring grading activities in this regard.

CUSD has not approved any grading for Los Patrones Parkway on CUSD property.

*NOTE: This needs to be confirmed by doing a public records request for the Temporary Constructive Easement referred to in Mr. Verma's letter.

4. Is Los Patrones Parkway Connecting to Tesoro Creek Road?

No.  CUSD is aware that the original plan for Los Patrones Parkway (a.k.a. “ ‘F’ Street”) planned for a connection to Tesoro Creek Road.  CUSD is currently reviewing whether any authority or granted right would have supported such a connection.  Regardless, based on the F Street Addendum to County Final Environmental Impact Report Nos. 584 and 589, the approved alignment for Los Patrones Parkway, which is now under construction, will not connect to Tesoro Creek Road, but rather will connect to Oso Parkway (to the north) in the general alignment assumed for SR-241.

The original EIR showed two roads - Los Patrones Parkway and the Tesoro Alignment extension of the 241 Toll Road which was father east of Los Patrones.

5.  Is Los Patrones Parkway being constructed within 500 feet of Tesoro High School?

Grading for the roadway appears to be within 500 feet of the tennis courts at Tesoro High School, as well as portions of the football field and parking lots.  The actual location of the final roadway is not known by CUSD, but the F Street Addendum to County Final Environmental Impact Report Nos. 584 and 589 refers to the roadway as being located 650 feet from the high school.  CUSD is working to obtain copies of proposed improvement plans to verify actual distance between the nearest edge of traffic and the nearest point at Tesoro High School.

Attachment A of the Oso Parkway Bridge Project Initial Study No. IP 15-252 at page 1 of 448

Those measurements are false and were done with the intent to fool the public.

In either case, neither the Education Code, nor Public Resources Code provide for a restriction on the construction of freeways or busy traffic corridors within a specified distance of a school.  And even when siting new schools, neither the Education Code nor the Public Resources Code prohibit such construction near a freeway or busy traffic corridor (defined as roadways with more than 100,000 average daily trips in urban areas), but rather require a health risk analysis when such is proposed.

NOTE: A Citizens request for a formal health risk analysis has been requested, but CUSD has ignored that request.

Such requirements did not exist when Tesoro High School was built.  Nevertheless, the impacts of a SR-241 Toll Expressway were considered in the Tesoro High School environmental impact report, though the school site configuration was different than that existing today.  The Tesoro HS EIR concluded, based on analysis, that the future carbon monoxide (CO) levels from the adjacent SR-241 expressway on the high school were not anticipated to exceed the 1-hour or 8-hour CO state and federal standards, and thus did not result in a health hazard to students.

NOTE: The statement above is false- the testing was done with the assumption that Los Patrones was an arterial road- not the 241 Toll Road Extension. By shifting the alignment of the 241 those tests are no longer valid.

In the Tesoro HS EIR, specifically Exhibit 27, the then-proposed SR-241 extension was projected at 47,000 average daily trips by 2020.  By comparison, the F Street Addendum forecast 39,000 average daily trips in 2035, on the comparable segment of Los Patrones Parkway between Oso Parkway and Chiquita Canyon Drive.  In both cases, the average daily trips are significantly lower than the 100,000 average daily trip threshold for urban areas, and even the 50,000 average daily trip threshold for rural areas, necessitating a health risk assessment when siting new schools.

CUSD will monitor future environmental impact reports for any proposed SR-241 Extension and, as appropriate, raise concerns relative to the need for health risk assessments relative to any of its schools along such routes, including Tesoro High School. 

6. Are the soils near Tesoro High School and Los Patrones Parkway toxic?

CUSD has not conducted any independent soils testing on the Rancho Mission Viejo property, or any of the property where Los Patrones Parkway is being constructed.  That said, to CUSD’s knowledge, neither the Tesoro EIR, which included soils testing for the high school site, nor Rancho Mission Viejo’s environmental documents, found issues with toxic or hazardous soils.

7. What can be done about fugitive dust and impacts at Tesoro High School?

If fugitive dust is observed from grading on Los Patrones Parkway affecting Tesoro High School, individuals may contact Ryan Burris at CUSD directly, at (949) 234-9308, and CUSD will investigate.  Alternatively, individuals may also contact the South Coast Air Quality Management District directly at (800) 288-7664 or on-line at www.aqmd.gov/contact/complaints to file an air quality complaint. 

8. Can CUSD refuse to issue building permits to Rancho Mission Viejo, to stop development?

No.  CUSD is not vested with the jurisdiction or authority to issue (or deny) building permits.  Such authority is the jurisdiction of the County of Orange with respect to the Rancho Mission Viejo development.  As part of the school developer fee process, developers are generally required to obtain certificates of compliance from CUSD reflecting the payment of the appropriate school fees before the County will issue a building permit.  CUSD’s discretion in such regard is generally limited to whether the required fee (or in lieu mitigation) has been paid, consistent with CUSD’s fee justification study, school facilities needs analysis study, or agreements with developers, as applicable.  CUSD cannot refuse to issue a certificate of compliance to stop development.

NOTE: The Ranch has built 1,440 more homes in the Esencia Development than originally planned. CUSD is 8,555 students over capacity (5,335 of those students are High School students... not one new school has been built. Esencia K-8 is under construction and CUSD's $33.86 million dollar purchase price for the 14.5 acres of land is being investigated by the District Attorney. CUSD is not protecting students and has been grossly negligent with its silence regarding the grading that has been going on at Tesoro since last fall without any protective barrier.

Ryan Burris
Chief Communications Officer
Capistrano Unified School District

Environmental Impact Report No. 589 Exhibit 3-22 http://www.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=45926

In the Addendum to final EIR NOs 584 and 589 The Ranch Plan "F" Street Alignment (Cow Camp Road to Oso Parkway Permit ST140005 the TCA/County/Ranch/ changed the document to state that there are NO SENSITIVE RECEPTORS within the Ranch Plan Area, and proceeded to grade the extension to the 241 Toll Road 800' closer to Tesoro than originally planned. 

http://pcpw.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=64727 Appendix A-7