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 By shifting the alignment of the 241 those tests are no longer valid.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.
Chief Communications Officer
Capistrano Unified School District