This Agenda Item confirms that CUSD owns parcel 82 which means a Toll Road is being built less than 100 feet from a school without the required protective Barrier - a 10 foot high, 3,700 foot wall.
That fact alone is sufficient to re-open CEQA. Tesoro is a "Sensitive Receptor". No Health Risk studies have been completed for a Toll Road less than 100 feet from a school.
In addition, there is also a potential cloud on Parcel 79 which is not being disclosed in this Agenda Item. If 79 is also owned by CUSD then the Road is being built on CUSD property not adjacent to it.
This Agenda Item fixes the ownership of Parcel 82. CUSD owns the Parcel, not the Ranch.
What about parcel 79? Both Parcels were discussed at the June 28, 2017 CUSD Board Meeting.
Source: CUSDWatch: Williams Complaint Capistrano Unified School District Tesoro High School
At the June 28, 20171 Board of Trustees meeting, both in opening comments and during a discussion of Agenda Item #38 Resolution #1617-89 of the Capistrano Unified School District opposing any Toll Road Extension alignment that adversely impacts district school sites and students, superintendent Vital read the following statement which was then posted as a press release following the meeting:
Board Audio at 15:58 Superintendent Vital re: Construction of Los Patrones Parkway
"CUSD has asked legal council to examine the Grant Deeds for Tesoro High School and had them plotted by a licensed land surveyor. Based on that plotting, Los Patrones Parkway is not being constructed on District property. It is; as we have maintained, on land adjacent to the District's property.
It is a County approved project and does not involve any District approvals, easements or agreements.
Los Patrones Parkway in either the form it is being constructed today, or in the original SR-241 Toll Road Alignment were part of, and addressed by the districts CEQA analysis for both Tesoro High School and Esencia K-8 School.
Air quality and noise impacts among others were all part of the environmental consideration under taken not only by the District, but also by the County in approving the EIR's for Rancho Mission Viejo.
Neither the Districts environmental documents for our sites nor Rancho Mission Viejo environmental documentation suggests the presence of toxic soils.
Concerns, relative to dust from grading are legitimate concerns shared by the District—and the District will do its part to report any observed fugitive dust emissions to the Orange County Planning Director, as called for in the Rancho Mission Viejo EIR and Addendum's for the Roadway.
Before TCA can construct the ultimate Toll Expressway extension to Interstate-5, it will be required to identify, and environmentally review, a new alignment for such a project. The District will continue to monitor and review such proposals, and can address any concerns created by that proposal if and when it is presented."
Board Audio at 46:27 BLUE CARD Dawn Urbanek
Clarification of Kristen Vital's opening remarks regarding Tesoro High School Property Parcel Nos 79 and 82. A Toll Road is being graded that is 500' feet from Tesoro's Tennis Courts and inside Tesoro High School's property boundary.
Board Audio at 52:23 Superintendent Kristen Vital
Kristen Vital asked CUSD attorney Jeff Hoskinson to clarify the concerns expressed about Los Patrones because with so many people in the audience she did not want the Public to have mis-information. "It is really important that we clarify and provide accurate information to our community and our Board that is accurate."
Kristen Vital then restated that in her opening comments she talked about the fact that the road was not being graded on CUSD property. She stated that mis-information had been reported about wether or not this was CUSD property.
Board Audio at 53:00 Attorney Jeff Hoskinson
The attorney clarifies by stating that Parcel 82 is owned by the District based on the deeds CUSD has. Parcel 79 where construction is partially taking place is not owned by the district.
Note: The County has a record showing that since 2005 Parcel 125-096-82 has been owned by RMV Middle Chiquita LLC. I have made several attempts through Public Record Requests to find out how this parcel was transferred from CUSD to RMV and I have not received an adequate response.
Board Audio at 53:54 Trustee Reardon
Is grading within 500 feet of the tennis court or the property boundary?
Note: It is very clear now, that grading is within less than 100 feet of Tesoro property boundaries and less than 400' from Tesoro's tennis court.
Board Audio at 54:15 Attorney Jeff Haskins
It appears that the alignment of the road (Los Patrones aka F Street sks 241 Tesoro Extension) has been substantially changed which would require re-opening CEQA.
The 1996 EIR Analysis for Tesoro is not correct because it did not do any studies within 500' of the schools because it was not required at the time. That statute did not come into effect until 2004. That statue requires that a health risk assessment be done for any road that is within 500' of a school.
The 500' study was done for Esencia however it was done assuming Los Patrones was a Parkway. EIR Analysis for Esencia is not correct because it was done assuming that Los Patrones was an arterial road NOT a toll road. It is now a Toll Road so the review is not accurate.
There is the same cloud on Parcel 79 which CUSD has yet to address publicly.
Who owns Parcel 79?
Is the Tesoro Extension of the 241 being built on school district property?
The Public has the right to know, and CUSD has an obligation to protect the health and safety of staff and students at our public schools.
Despite repeated requests to CUSD, the County of Orange and theSan Diego Water Board no one will verify if what is actually being built is what has been permitted. It appears that there was no environmental review of what is actually being constructed.