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PUBLIC SCOPING SR-241 TOLL ROAD EXTENSION OSO PARKWAY TO SD COUNTY LINE

COMMENT IN OPPOSITION - Part 4

I SUPPORT THE NO BUILD OPTION

Date: December 9, 2019

Dawn Urbanek, San Clemente Resident
Taxpayer and Student Advocate Capistrano Unified School District 

PUBLIC SCOPING COMMENT PART 4 DOCUMENTATION

 

| PART 1 | PART 2 | PART 3 | PART 3 CONTINUED | PART 4 | PART 5 | PART 6

 

City of San Clemente
100 Avenida Presidio
San Clemente, CA 92672
(949) 361-8200
Mayor Pro Tem Dan Bane 
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Council Members:
Laura Ferguson
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Chris Hamm       
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Gene James
Kathleen Ward     
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OC Board of Supervisors
333 W. Santa Ana Blvd.,
Santa Ana, CA 92701
(714) 834-3550
Lisa Bartlett
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Michelle Steel
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Andrew Do
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Donald P. Wagner
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Doug Chaffee
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Senator Pat Bates
24031 El Toro Road,
Suite 201A
Laguna Hills, CA 92653
Phone: 949.598.5850
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Assemblyman Bill Brough
29122 Rancho Viejo Road,
Suite 111,
San Juan Capistrano CA 92675
(949) 347-7301
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Toks Omishakin
Director CalTrans 
1120 N Street
Sacramento, CA 95814
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Caltrans District 12 
1750 East 4th Street,
Suite 100
Santa Ana CA 92705
(657) 328-6000

Attn: Env/SCTRE Scoping
Ryan Chamberlain, Director
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TCA
125 Pacifica,
Irvine, CA 92618
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Rancho Mission Viejo
28811 Ortega Hwy.
San Juan Capistrano, CA 92675
Laura Coley Eisenberg, Senior Vice President—Open Space Resource Management
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OCTA
550 S. Main Street
Orange, CA 92868
Darrell E. Johnson, Chief Executive Officer  This email address is being protected from spambots. You need JavaScript enabled to view it.

California Regional Water Quality Control Board
San Diego Region
2375 Northside Drive,
Suite 100
San Diego, Ca. 92018
(619) 516-1990
David Gibson
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California Regional Water Quality Control Board
Los Angeles Region
320 West Fourth Street, Suite 200
Los Angeles, CA 90013
Phone: (213) 576-6600
Deborah Smith
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US Fish & Wildlife
Carlsbad Fish and Wildlife
2177 Salk Avenue, Suite 250
Carlsbad, California 92008
Phone: 760- 431-9440 X 307
Jonathan Snyder, Division Chief,
Los Angeles and Orange counties
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California Department of Fish and Wildlife
1416 9th St 12th Floor,
Sacramento, CA 95814
Director Charlton H. Bonham
(916) 653-7667
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U.S. Army Corps of Engineers,
Los Angeles District
Corice ("Cori") Farrar
Chief, Orange & Riverside Counties Section
South Coast Branch
Regulatory Division
This email address is being protected from spambots. You need JavaScript enabled to view it. Office: 213-452-3296
Government Mobile: 213-309-4862

Capistrano Unified School District
33122 Valle Rd,
San Juan Capistrano, CA 92675
(949) 234-9200 Phone
Board of Trustees
President Gila Jones
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Vice President Martha McNicholas
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Clerk Patricia Holloway
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Board Member Krista Castellanos
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Board Member Amy Hanacek
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Board Member Jim Reardon
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SUMMARY

In Part 31 of Public Scoping Comments in Opposition to the Tesoro Extension of SR-241 from Oso Parkway to the Orange County/San Diego County Line; it was established that only one road is being constructed south of the Oso Parkway Bridge; a segment of the Tesoro Extension of SR-241 from Oso Parkway to Cow Camp Road with a 10% shift in alignment. The 10% shift in alignment brought the SR-241 Toll Road segment approximately 800 feet closer to Tesoro High School and the adjacent Habitat Reserve. The 10% shift in alignment resulted in a loss of 87.8 acres from the Habitat Reserve.

The Habitat Reserve adjacent to Tesoro is covered by SSHCP Orange County Southern Subregion Habitat Conservation Plan which is regulated by the United States Department of the Interior, Fish and Wildlife Service. The SSHCP gives Rancho Mission Viejo flexibility to make minor changes to projects within covered area without having to re-open a new environmental review.

For an amendment to the SSHCP to qualify as "minor" it must result in no net loss of Habitat Reserve acreage, and no long-term net loss of subregional habitat value.

In January 2015, a "minor" amendment was granted to Rancho Mission Viejo to shift the alignment of original "F" Street (designated a collector road), 10% to the east so that "modified" "F" Street would align with the on and off ramps of the SR -241 which terminated at the Oso Parkway Bridge. The application for the minor amendment failed to disclose that designation of "modified" "F" Street was going to be changed from a collector road to a county arterial highway being built to toll road specifications; with agreements in place to convert modified "F" Street to the Tesoro Extension of the SR-241 Toll RoadThis is the same road that was denied wastewater discharge permits five times by three different entities (the San Diego Regional Water Quality Control Board, The California Coastal Commission, and the United States Secretary of Commerce) all who cited:

"... impacts would be permanent, irreversible, and, for the most part, unmitigable". 

"No other alternative alignment poses the threat of unmitigable and irrevocable impacts of such magnitude".

There is no valid CEQA or NEPA for "modified" F Street aka SR-241

The 10% shift in alignment coupled with the construction of the SR-241 Toll Road is not a "minor amendment". The material omission that the road being built was a toll road, not a county arterial highway is a violation of the SSHCP/NCCP/MSAA. 

A new environmental review with Caltrans as the lead agency for NEPA is required prior to the construction of any segment of the SR-241 Toll Road south of Oso Parkway.

 

STATEMENT OF FACTS 

1. There is only one road being built south of the Oso Parkway Bridge; it is the segment of the Tesoro Extension of SR-241 from Oso Parkway to Cow Camp Road, with scoping beginning for a third segment from Cow Camp Road to La Pata in the City of San Clemente. 

2. There is no valid NEPA or CEQA for the construction of the SR-241 Toll road south of Oso Parkway.

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ENDANGERED SPECIES ACT APPROVALS 

3. Public work projects like the SR-241 Toll Road are required to receive approvals from the U.S. Fish and Wildlife Service to comply with the federal Endangered Species Act and a section 404 Clean Water Act permit from the US Army Corps of Engineers. The County of Orange, Rancho Mission Viejo and the Santa Margarita Water District created a Habitat Reserve (SSHCP1) - the Orange County Southern Subregion Habitat Conservation Area and Management Plan. 

The (NCCP) Natural Community Conservation Planning Act/ (MSAA) Master Streambed Alteration Agreement3 /(HCP) Habitat Conservation Plan4

The NCCP identifies and provides for the regional protection of plants, animals, and their habitats, while allowing compatible and appropriate economic activity. Working with landowners, environmental organizations, and other interested parties, a local agency oversees the numerous activities that compose the development of an NCCP. (CDFW) California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service provide the necessary support, direction, and guidance to NCCP participants.

(SSHCP) SOUTHERN CALIFORNIA SUB-REGION HABITAT CONSERVATION PLAN

Participating Landowners: 

        • The County of Orange
        • Rancho Mission Viejo, and
        • The Santa Margarita Water District

Rancho Mission Viejo transferred land owned by the Capistrano Unified School District into the Habitat Conservation area [Parcel 125-096-82 and portions of Parcel 125-096-69]. How did this happen?

Covered Activities for County of Orange

        • Adaptive management activities within the existing County regional and wilderness parklands portion of the Habitat Reserve in Subarea 1;
        • Improvements to and extension of La Pata Avenue in Subareas 1 and 4 resulting in up to 331 acres of authorized impacts; and
        • Activities related to the operation and expansion of the Prima Deshecha Landfill facility, including mitigation activities on County parklands in Subarea 1, resulting in 999 acres of permanent impacts and temporary impacts within the SOS area portion of the landfill facility as provided for in the NCCP/MSAA/HCP. 

Draft NCCP/MSAA/HCP Executive Summary Page 10 Based on Table 13-26 SUMMARY OF PERMANENT AND TEMPORARY IMPACTS TO CDFG JURISDICTION page 13-236

Project Permanent Impact Temporary Impact
Avenida La Pata Improvement Project  12.88 acres 
Prima Deshecha Landfill  14.85 acres 

 

Covered Activities for Rancho Mission Viejo:

For RMV Covered Activities within Subarea 1 include the following activities that would result in permanent impacts that would include up to 7,788 acres within development Planning Areas (in the overstated impact scenario for Planning Areas 4 and 6-8)1, 327 acres within the Habitat Reserve (for infrastructure) and 34 acres with Supplemental Open Space (SOS). In addition, 260 acres of temporary impacts within the Habitat Reserve and 20 acres of temporary impacts within SOS areas would be authorized (see Chapters 7, 10 and 11and Appendix S for specific descriptions of Covered Activities, and Chapter 13, Table 13-19A for impact acreages). The Covered Activities would include:

          • HRMP activities involving monitoring throughout the Habitat Reserve, adaptive management of the RMV portion of the Habitat Reserve and adaptive management activities within the County portion of the Habitat Reserve under specified conditions;
          • Ongoing ranching activities, including grazing per the Grazing Management Plan (Appendix G);
          • Construction of residential, commercial, industrial and infrastructure facilities related to the approved Ranch Plan Project;
          • Maintenance and operations of existing ranch and infrastructure facilities and 
          • Activities related to the operation of the Ortega Rock Facility.

Draft NCCP/MSAA/HCP Executive Summary Page 10 Based on Table 13-26 SUMMARY OF PERMANENT AND TEMPORARY IMPACTS TO CDFG JURISDICTION page 13-236

Project Permanent Impact Temporary Impact
All Covered Activities 158 acres   55 acres

 

Covered Activities for Santa Margarita Water District:

        • Construction of designated infrastructure, including pipelines, pump stations, reservoirs and other facilities resulting in 73 acres of permanent impacts in Subarea 1; and
        • Operation and maintenance of existing and proposed facilities throughout Subareas 1, 3 and 4, resulting in an additional 146 acres of temporary impacts in Subarea 1 and a further 15 acres of impacts in SOS.

Draft NCCP/MSAA/HCP Executive Summary Page 10 Based on Table 13-26 SUMMARY OF PERMANENT AND TEMPORARY IMPACTS TO CDFG JURISDICTION page 13-236

Project Permanent Impact Temporary Impact
All Covered Activities  25 acres

 

Regulatory Oversight will be provided for:

1. NCCP Act Section 2835 taking of designated listed and unlisted plant and animal species;

2. Impacts to CDFG (California Department of Fish and Game) Jurisdictional Areas;

3. HCP FESA (Federal Endangered Species Act) Section 10 (a)(1)(B) incidental take permit for designated listed and unlisted fish and wildlife species. Such regulatory coverage will have a 75-year term following the Effective Date of the NCCP/MSAA/HCP. 

The proposed Habitat Reserve would include two large ownerships, consisting of (see Figure 168-M):

11,950 acres owned by the County of Orange and contained within three existing County regional and wilderness parks located in Subarea 1

          • O’Neill Regional Park,
          • Riley Wilderness Park
          • Caspers Wilderness Park); and
          • DRAFT NCCP/MSAA/HCP Part I: Executive Summary ES-5 July 2006

20,868 acres owned by RMV [Portions owned by Capistrano Unified School District Parcel 125-096-82 and portions of Parecle 125-096-69], consisting of:

          • 4,284 acres in existing conservation easements that were set aside by RMV prior to completion of the NCCP/MSAA/HCP;
          • 48 acres of RMV lands located within the Arroyo Trabuco (i.e., within a CDFG conservation easement); and
          • 16,536 acres that would be provided by RMV as part of a Phased Dedication Program.

The proposed Habitat Reserve would be assembled at no cost to the public because the County parklands already are set aside and because RMV has offered to set aside about 16,536 acres (72 percent of its 22,815 acres) as part of a Phased Dedication Program linked to completion of construction in its designated development Planning Areas. Part I: Tables ES-1 and ES-2 page ES-5 and ES6, respectively, summarize the Conserved Vegetation Communities and other natural communities and list the proposed Covered Species that would be protected within the proposed Habitat Reserve. All of the general vegetation communities found within the 92,000-acre Planning Area would be represented within the proposed Habitat Reserve.

Orange County Southern Sub-Region Habitat Conservation Plan Documents Figure 187-R

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REQUEST FOR A "MINOR AMENDMENT" TO SSHCP 

4. On September 23, 2014 Rancho Mission Viejo transmitted a description of the modified project and the minor amendment proposal to the United States Department of the Interior, Fish and Wildlife Service. The minor amendment was granted January 30, 20155.

5. The SSHCP Figure 187-R6 identified the areas within the Habbit Reserve where roads/crossings could be located.

The allowable alignment is marked with the black lines and clearly shows that an alignment with SR-241 Terminus at Oso Bridge was not inside the covered area which is why the minor amendment was requested. Figure 187-R also shows that the covered area includes large portions of Tesoro High School.

6. The shift in alignment of "F" Street resulted in a net increase of 87.8 acres of impact.

Habbitat Reserve
Project Impact Acres
Original "F" Street 77.9 
Modified "F" Street 165.7 
Increase of 87.8 acres

 

The letter stated that because detailed engineering of modified "F" Street and associated water quality basins was not yet complete, a final design of Modified "F" Street was required to be provided to US Fish and Wildlife Service's Carlsbad Fish and Wildlife Office (CFWO) prior to project-related impacts to ensure that actual impacts are consistent with those described in the minor amendment.8

Was the final design of Modified "F" Street submitted to US Fish and Wildlife Services Carlsbad Fish and Wildlife Office (CFWO) prior to grading and construction?

The original F Street alignment is shown in Yellow. The Modified F Street is shown in Red. Modified F Street has a substantially greater environmental impact because the amount of impervious surface is much greater for a toll road than a collector road.

 

 

7.  To offset the increased habitat impacts and change in Habitat Reserve configuration, RMV was required to implement specific mitigation measures.

 

REQUIRED MITIGATION MEASURES

8. Mitigation Measure #1

Screen_Shot_2019-12-07_at_6.40.16_AM.png

The Capistrano Unified School District had an option on PA 2-North. What happened to that Option?

9. Mitigation Measure #2:

Screen_Shot_2019-12-07_at_6.40.48_AM.png

Did Rancho Mission Viejo record and irrevocable covenant or conservation easement of 46.71 acres? 

10. Mitigation Measure #3:

Screen_Shot_2019-12-07_at_6.41.26_AM.png

RMV agreed to revegetate 101.56 acres of side slopes within the project footprint and manage them as part of the Habitat Reserve. This is the area in blue shown on Figure 2 above. 

Footnote 1:

"It is likely that a portion of the Original F Street project would have consisted of side slopes that could be revegetation, but under the SSHCP, all infrastructure impacts are considered to be permanent, and revegetation would not have been required.

The Original F Street was designated a collector road that was designed to connect to Tesoro Creek Road (the driveway for Tesoro High School) and terminate at Oso Parkay to the west of SR-241 so that the high school would have two entrances and exits. With the elimination of original F Street, Tesoro High School (4,000 staff and students) only has one entrance and exit.

 Tesoro_Drive_2.png

The Ranch is offering to mitigate the slopes on the eastern side of SR-241

Screen_Shot_2019-12-09_at_5.11.04_AM.png

Screen_Shot_2019-12-08_at_7.43.11_AM.png

 

11. Mitigation Measure #4:

Screen_Shot_2019-12-07_at_6.41.51_AM.png 

Screen_Shot_2019-12-09_at_5.22.44_AM.png

Screen_Shot_2019-12-09_at_4.45.50_AM.png

12. Mitigation Measure #5:

Screen_Shot_2019-12-07_at_6.43.03_AM.png

The Capistrano Unified School District has an Option on PA 2-North. What happened to that Option?

13. Mitigation Measure #6:

Screen_Shot_2019-12-07_at_6.43.56_AM.png

The Ranch is offering to mitigate the slopes along SR-241between Oso Parkway and Cow Camp Road

14. Mitigation Measure #7:

Screen_Shot_2019-12-07_at_6.45.08_AM.png

"Dudleya multicaulisis a succulent plant known by the common name manystem liveforever. This dudleya is endemic to southern California, where it is rare and becoming increasingly uncommon as its habitat is altered. Most of its known occurrences are in Orange County, where it lives mostly along the coastal plain in heavy clay soils. It is threatened by development, road construction, and recreational activity."

Photograph form California Native Plant Society "Many-stemmed Dudleya" "Dudleya multicaulis" Ron Vanderhoff https://calscape.org/Dudleya-multicaulis-(Many-stemmed-Dudleya)?srchcr=sc5dee4582a6246

0000_0000_0217_2275.jpg

15. Mitigation Measure #8:

Screen_Shot_2019-12-07_at_6.45.51_AM.png

Has the Ranch complied with this mitigation requirement?

16. Mitigation Measure #9:

Screen_Shot_2019-12-07_at_6.47.02_AM.png'

California Water Quality Control Board San Diego Region Tentative Order R9-2013-007 Waste Discharge for the Foothill/Eastern Transportation Corridor Agency Tesoro Extension of (SR 241) Project Orange County showed a planned wildlife crossing at Tesoro High School.

A January 30, 2015 letter5 from the United States Department of the Interior Fish and Wildlife Service re: Concurrence with Minor Amendment to the Orange County Southern Subregion Habitat Conversation Plan for the Modified F Street Project, Orange County California stated:

"A minor amendment to the SSHCP is needed because F Street will be realigned outside the approved infrastructure zone to accommodate a direct connection with Oso Parkway; a trail will be included as part of the roadway design to make F Street a multi-modal facility; and impacts from F-Street will increase within the Habitat Reserve by more than 10 percent relative to what was anticipated for the conceptual alignment."

"According to the biological analysis accompanying the minor amendment request, the conceptual alignment for F Street (herein after "Original F Street) was projected to impact 77.9 acres within the Habitat Reserve. Realignment of this facility (herein after "Modified F Street) will impact an area of about 165.7 acres, resulting in a net increase of 87.8 acres in anticipated impacts within the Habitat Reserve from this roadway. Because detailed engineering of Modified F Street will be provided to the U.S. Fish and Wildlife Service's Carlsbad Fish and Wildlife (CFWO) prior to project-related impacts to ensure that the actual impacts are consistent with those described in the minor amendment."

"To offset the increased habitat impacts and change in Habitat Reserve configurationfrom the realignment of F Street, RMV will implement the following measures as part of the Modified F Street project:

"RMV will construct two wildlife under crossings to facilitate wildlife movement underneath Modified F Street. The Chiquita Narrows crossing will be 300 feet in length with a minimum 15 height by 15 -foot width. The Santa Margarita Water District Crossing will be 325 feet in lenth with a minimum 17-foot height by 32 -foot width."

Screen_Shot_2019-11-27_at_4.58.03_AM.png

Addendum to Final EIR Nos. 584 and 589 The Ranch Plan "F" Street Alignment (Cow Camp Road to Oso Parkway) Permit ST140005.

Sample of a "Wildlife Undercrossing"

Screen_Shot_2019-12-01_at_5.06.13_AM.png

3.3.5 WILDLIFE MOVEMENT CROSSINGS

Two wildlife undercrossings are currently planned—one approximately 1,400 feet north of the Planning Area 2 South northern boundary (Station 149+00) and one approximately 440 feet south of Planning Subarea 2.5 (Station 181+00)—to serve mule deer and mountain lions. Precise locations will be determined as part of the final design process. Both undercrossings are expected to be either corrugated structural steel plate (CSSP) or precast concrete arch-type culverts, under approximately 30 feet and 340 feet of fill, respectively. Each culvert will have a minimum width at the base of 20 feet and a minimum vertical clearance of 10 feet. Culverts will have a line of sight through the structure allowing views of natural vegetation and/or the horizon from the entry points at either end. The bottom of the culvert will be of a natural substrate. A dry pathway at least three feet wide will be provided through the length of any structure if it is determined that significant water flows will routinely occur in the wildlife crossings. Vegetation at both ends of the crossing will be a mix of plant types in order to provide suitable cover for mountain lions and other animals as well as more open vegetation suitable for mule deer. Appropriate fencing will be installed to deter deer, mountain lion, coyote, bobcat, and other wildlife entry to the roadway in order to minimize wildlife and vehicle collisions.

This design funnels deer, mountain lion, coyote, bobcat, and other wildlife onto Tesoro High School property to acess drinking water. While there is fencing to prevent animals from entering the Toll Road, there is no fencing to keep animals off school district property. In fact, if protective barriers were put into place to protect students and staff from noise, air and pollution, the wildlife would be denied access to their major source of water in the region. In the Inventory of Official Mitigation Measures the only specified fencing requirements were to keep people off the western slopes, not keep wildlife away from people. Non of the basins on the Ranch are fenced.

EIR at page 51 of 1,057 Chiquita Canyon High School Inventory of Official Mitigation Measures

"6. Prior to the commencement of any construction activities, final design plans shall include the following project components: 

b. The western periphery of the campus will be fenced to prevent access into the western slopes." 

There does not appear to be any Wild Life Crossing at Tesoro High School?

Screen_Shot_2019-12-09_at_6.00.45_AM.png

17. Mitigation Measure #10:

Screen_Shot_2019-12-07_at_6.50.04_AM.png

Wildlife fencing; as shown below, has been installed along the entire length of Modified F Street. This creates a dangerous condition for Tesoro High School students. There is only one driveway entrance and exit at Tesoro High School which terminates at Oso Parkway. If there were a fire or other emergency, evacuation or protection of Tesoro High School staff and students would be very difficult, especially with the new wildlife fencing. The 4,000 staff and students are "fenced in" with no escape except a single driveway which exits onto Oso parkway. Without the required wildlife crossing- the wildlife is also trapped.

Screen_Shot_2019-12-09_at_6.06.43_AM.png

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18. Mitigation Measure #11:

Screen_Shot_2019-12-07_at_6.50.09_AM.png

Bike trails have been constructed the full length of Los Patrones Parkway on the road side of wildlife fencing.

Photograph Capistrano Dispatch First Phase of Los Patrones Parkway Opens

Screen_Shot_2019-12-09_at_6.24.09_AM.png

19. Mitigation Measure #12:

Screen_Shot_2019-12-07_at_6.50.14_AM.png

There is no lighting along Los Patrones Parkway.

PA2 NORTH

20. From the January 30, 2015 Letter from the US Fish and Wildlife "Concurence with the Minor Amendment to the Orange County Southern Subregion Habitat Conservation Plan for the Modified F Street Project Orange County, California" at page 14

"To offset project-related impactsfrom modified F Street and isolation of the 43.7 acre area near Tesoro High School, RMV will revegate 101.56 acres of side slopes within the Habitat Reserve, revegitate and conserve 12.74 acres of side slopes within PA2- South, and conserve 72.21 acres previously anticiapted to be developed within PAs 2 and 4 and add these ro the Habitat Reserve. The 43,7-acre aea, which isolated from the overall Habitat Reserve by the Modified "F" Street project, will continue to support habitat values for a range of covered species (e.g. coastal California Gnat Catcher, least Bell's vireo), thus, we conclude that the proposed increase in the size of the Habitat Reserve by 84.95 acres in combination with the benefits of the revegatation and restoration are sufficient to mitiigate both the direct impacts in the Habitat Reserve and the indirect effects of habitat fragmentation." 

The 10% shift in alignment of Modified F Street, coupled with the change in the designation of Modified F Street from a collector road to Los Patrones Parkway (a county arterial highway, being built to toll road specifications with agreements to turn the road over to Caltrans/TCA as the Tesoro Extension of SR-241) should not have been accepted as a monor amendment to SSHCP.

Rancho Mission Viejo made a material ommision in it's appeal for a minor amendment of the SSHCP. Rancho Mission Viejo failed to disclose agreements that were in place to transfer Los Patrones Parkway (being built to Toll Road specifications) to TCA/Caltrans as a completed segment of SR-241 from Oso Parkway to Cow Camp Road.

The 10% shift in alignment impacts almost all of PA 2-North; results in substantial habitat loss and habitat fragmentation (especially without the required wildlife crossings).

 Screen_Shot_2019-12-09_at_6.37.55_AM.png

TESORO HIGH SCHOOL

 21. Tesoro High School sits on four parcels of land; Parcels Nos. 125-096-59, 125-096-60, 125-096-69 and 125-096-82. 

Screen_Shot_20190112_at_63220_AM.png

 

22. In March 1997, San Juan Partnership No. I sold two parcels of land to the Capistrano Unified School District to build Chiquita Canyon High School, aka Tesoro High School. 

Instrument No: 19970143928 was a Grant Deed recorded on March 31, 1997:

Legal Description: "That portion of Parcel 3 of Certificate of Compliance CC95-01 in the Unincorporated Territory of the County of Orange, State of California recorded March 21, 1995 as Instrument No 95-0112516"

The Capistrano Unified School District paid $4.85 million for a total of [75.1539 acres]

Parcel 125-096-69 Lot for Main Campus: [65.19 acres], plus

Parcel 125-096-82 Lot for Road and Utility Purpose: [4.8519 acres], plus

Parcel 125-096-82 Lot for Slope Drainage [5.112 acres]

Valuable Consideration:

On 5/13/1997 CUSD paid $2.6 million through Fund 13 which at that time was the State School Building Fund

On 5/21/1997 CUSD paid $2.25 million from CFD 90-1

23.   In May 1999; due to environmental restrictions (Habitat Reserve?), CUSD had to alter the design of Tesoro High School. The school was flipped, and CUSD was forced to purchase two additional parcels of land in order to build sports fields.

On July 1, 1999 DMB San Juan Investment North, LLC a successor-in-interest to San Juan Partnership No. I, LLC  sold for valuable consideration Parcel A (aka 125-096-59) and Parcel B (aka 125-096-60) to the Capistrano Unified School District. 

Instrument No: 20000330046 was a Grant Deed recorded on June 23, 2000. 

Legal Description for the Additional Area Tesoro High School: "That portion of Parcel 3 of Certificate of Compliance CC95-01 in the Unincorporated Territory of the County of Orange, State of California recorded March 21, 1995 as Instrument No 95-0112516".

The Capistrano Unified School District paid $1.944 million to San Juan Partnership No I, LLC.

Sports Field Parcel A aka Parcel #125-096-59 [2.439 acres] 

Sports Field Parcel B aka Parcel #125-096-60 [7.576 acres] 

Valuable Consideration: 

On 7/31/1999 CUSD paid $1.94 million from CFD 98-2

24. The school was completely flipped from its original design invalidating all enviornmental review because the Capistrano Unified School District was sold Habitat Conservation Land and land upon which the Rancho Santa Margarita Water District had an easement for Hydrolic pipes and velocity controls because the school sits on a major streambed (L06 Chiquita Canada Channel) in a FEMA Flooplain. A majority of the land sold to the Capistrano Unified School District was not usable for a school site. As such the Capistrano Unified School District was forced to purchase two additional parcels of land in order to build ball fields for the high school.   

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25. A new environmental review with Caltrans as the lead agency for NEPA is required. The "Minor Amendment" granted to Rancho Mission Viejo creates dangerous conditions at Tesoro High School (a sensitive receptor). New health/risk studies must be completed in order to mitigate long-term health risks to Tesoro students and staff.

1. The minor amendment shifted the alignment of the segment of SR-241 from Oso Parkway to Cowcamp road approximately 800 feet closer to Tesoro High School and the Habitat Reserve. The road as built, sits on Tesoro High School's property line with no set back and no protective barriers. All of the Waste Water Discharge has been designed to drain onto Tesoro High School's Parcel 125-096-82, and underneath the school creating a permanent tresspass of water onto all four parcels of land owned by the Capistrano Unified School District.

2. The elimination of original "F" Street designated a collector road that was designed to connect to Tesoro Creek Drive and terminate at Oso Parkway leaves Tesoro High School with a single entrance and exit, no busing and inadequate parking creating a death trap for 4,000 students and staff. 

3. There is wildlife fencing from Oso Parkway to Cow Camp Road that is 8 feet high with outriggers. On fill slopes and on cut slopes where the fence is 2 feet or more from the toe of the slope the fencing is 10 feet high with outriggers. If there was a fire or other emergency; these students are fenced in just like the wildlife, and there is only one way out of the school... Oso Parkway.

4. The elimination of busing and the lack of adequate parking means there are idling cars on Tesoro Creek Road for hours on end. There needs to be new air, noise and pollution studies.

5. There is a wildlife movement crossing that is supposed to be constructed at Tesoro High School that is designed to funnel large animals such as mountain lions, bob cats and deer directly into the Tesoro High School to access drinking water. 

6. None of the 9 Basins (the permit allowed 3) that have been constructed along Los Patrones Parkway have fencing around them.

7. The Santa Margarita Water District has an easement through the middle of Tesoro High School in order to control storm water flows through the site.

8.  The water that is being discharged into L06 Canada Chiquita Channel which flows directly into San Juan Creek is known to have the following pollutants in the water- Dichlorodiphenyldichloroethylene (DDE) a chemical compound from DDT, as well as Phosphorous, Selenium, Total Nitrogen and Toxicity.

9. The soils in this area are prone to liquefaction and slippage. Could the vibration resulting from truck climbing lanes less than 100 feet from a school cause the soil to liquify and the school to sink?

In a recent Kitchell School Facilities Report it stated: 

Architectural Elements

Key Concerns for this school include soil movement, the roofs are in poor condition, and many of the concrete roof tiles are damaged, cracked or missing. Additionally, it should be noted that a significant amount of cracking was observed in the exterior walls, and that poor soil conditions may be an issue.

CONCLUSION

A new environmental review with Caltrans as the lead agency for NEPA is required. The "Minor Amendment" granted to Rancho Mission Viejo results in unmitigated loss of Habitat Reserve acreage and will cause permmanent, irreversible and unmitigable loss of subregional habitat value.

It is unclear if Rancho Mission Viejo has complied with all the mitigation measures required as part of the approval of the minor amendment.

The 10% shift in alignment of SR-241 approximately 800 feet closer to Tesoro High School (a sensitive receptor); without any protective barriers, shows a callous disregard for the health and safety of Tesoro High School students and staff that must be mitigated.

The Capistrano Unified School District should receive recompense for taxpayer property that has been placed into the Habitat Reserve.

The Capistrano Unified School District should receive compensation of the value of the option they had on PA 2-North.

 

DOCUMENTATION

1 U.S. FIsh and Wildlife Service, Carlsbad Fish & Wildlife Office, Southern California Sub-Region HCP 
https://www.fws.gov/carlsbad/HCPs/SoOrangeCoSubRegionHCP.html

2 The Natural Community Conservation Planning Act. California Fish and Game Code Section 2800 (Effective January 1, 2003) 
https://www.wildlife.ca.gov/Conservation/Planning/NCCP

3 MSAA Master Stream bed Alteration Agreement 
https://archive.epa.gov/region9/nepa/web/pdf/orangecososubregnatcommconservplandeis.pdf

4 HCP Habitat Conservation Plan2 (Federal Endangered Species Act Section 10) 
https://www.fws.gov/endangered/what-we-do/hcp-overview.html

5 January 30, 2015 "Concurance with the Minor Amendment to the Orange County Southern Subregion Habitat Conservation Plan for the Modified F Street Project Orange County, California.
https://cusdwatch.com/index.php/24-march-14-2018-cusd-bot-meeting/681-united-states-department-of-the-interior-fish-and-wildlife-service-fws-or-15b0086-15cpa0119-january-30-2015

U.S. Fish and Wildlife Service, Carlsbad Fish & Wildlife Office, Southern California Sub-Region HCP & Associated Documents
https://www.fws.gov/carlsbad/HCPs/SoOrangeCoSubRegionHCP.html Fig 187-R Alternative B-12 with Proposed Circulation System  https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP%20Reference%20Maps/figure187-R.pdf US Fish & Wildlife January 30, 2015 Grant of Appeal for a Minor Amendment: "Because the precise alignment of "F" Street is not known at the time of adoption of the SSHCP, a conceptual alignment was identified to calculate anticipated impacts from this facility, and a broader "infrastructure zone" overlapping the conceptual alignment was identified to provide flexibility for choosing the final alignment (Figure 187-R of the SSHCP) https://cusdwatch.com/index.php/24-march-14-2018-cusd-bot-meeting/681-united-states-department-of-the-interior-fish-and-wildlife-service-fws-or-15b0086-15cpa0119-january-30-2015

7 Draft NCCP/MSAA/HCP Appendix I Translocation, Propagation and Management Plan for Special Status Plants
https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP%20Appendices/Appendix%20I%20-%20Translocation,%20Propagation,%20and%20Mangement%20Plan/Appendix_ITMP.pdf

8 U.S. Fish and Wildlife Service, Carlsbad Fish & Wildlife Office, Southern California Sub-Region HCP & Associated Documents
https://www.fws.gov/carlsbad/HCPs/SoOrangeCoSubRegionHCP.html Appendix "S" Rancho Mission Viejo Covered Activities Figure 166 M Rancho Mission Viejo Covered Activities and Open Space.  The SSHCP allows for a shift in the covered area of 10%.
https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP%20Maps/figure166-M.pdf             US Fish & Wildlife January  30, 2015 Grant of Appeal for a Minor Amendment: "According to the biological analysis accompanying the minor amendment request, the conceptual alignment for "F" street (hereafter "Original :F: Street) was projected to impact 77.9 acres within the Habitat Reserve. Realignment of this facility (hereinafter "Modified F Street") will impact an area of 165.7 acres, resulting in a net increase of 87.8 acres in anticipated impacts within the habitat reserve from this roadway. Because detailed engineering of Modified F Street and associated water quality basins is yet to be complete, the final design of Modified F Street will be provided to U.S. Fish and Wildlife Service's Carlsbad Fish and Wildlife Office (CFWO) prior to project related impacts to ensure that the actual impacts are consistent with those described in the minor amendment."

 

RELATED DOCUMENTS

Agreements to turn modified "F" Street over to Caltrans/TCA as the segment of SR-241 from Oso Parkway to ow Camp Road.

Agreement for Grant of Fee Credits (Rancho Mission Viejo) Agreement N0. D14-034
http://cams.ocgov.com/Web_Publisher_Sam/Agenda06_24_2014_files/images/O00314-000951A.PDF

Grant Deed to the County of Orange
http://cams.ocgov.com/Web_Publisher_Sam/Agenda06_24_2014_files/images/O00514-000951E.PDF

Irrevocable Offer to Convert Real Property and Memorandum of Fee Credit Agreement.
http://cams.ocgov.com/Web_Publisher_Sam/Agenda06_24_2014_files/images/O00614-000951E.PDF

November 8, 2016 Orange County Board of Supervisors Meeting Subject: Addendum to the July 18, 2006, Affordable Housing Agreement Rancho Mission Viejo
http://cams.ocgov.com/Web_Publisher_Sam/Agenda11_08_2016_files/images/A16-000183.HTM

October 2001 Scoping Report: Special Management Area Plan (SAMP) for the San Juan Creek and Western San Mateo Creek Watersheds, Orange County California
https://www.waterboards.ca.gov/water_issues//programs/cwa401/docs/notice_031511/volume3_technical_appendices/Appendix%20A/Scoping%20Report/Scoping%20Report.pdf

November 8, 2004 Program Environmental Impact Report 589 (SCH Number 20033021141. Final Responses to Comments Volume 2- Responses to Comments. The Ranch Plan General Amendment/Zoe Change (PA 010114)
http://www.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=60017

September 2005 4.2 WQMP For Cana Chiquita Sub-basin page 92
https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP%20Appendices/Appendix%20K%20-%20Water%20Quality%20Management%20Plan/Appendix%20K/WQMP%20B-10m/WQMP%20B-10m.pdf

December 2006 Environmental Impact Statement San Juan Creek and Western San Mateo Creek Watershed Special Area Management Plan (SAMP) Volume IV: Responses to Comments
https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/EIS%20for%20SJCWSMC%20SAMP%20(Vol%204).pdf?ver=2018-03-26-191826-010

January 10, 2007 U. S. Fish and Wildlife Service Biological Opinion 1-6-07-F-812.8 Intra-Service Formal Section 7 Consultation/Conference for Issuance of an Endangered Species Act Section 10(a)(1)(B) Permit (TE144113-0, TE144140-0, and TE144105-0) for The Southern Orange Natural Community Conservation Plan/ Master Streambed Alteration Agreement/ Habitat Conservation Plan, Orange County, California
https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP%20BO/812.8%20[OR]%20BO%20-%20Southern%20Orange%20NCCP_HCP%20s01-10-07.pdf

Feberuary 2013 Addendum to the South Orange County Transportation Infrastructure Improvement Project (SOCTIIP) Final Subsequent Environmental Impact Report #2001061046 Tesoro Extension Project. https://www.waterboards.ca.gov/sandiego/board_info/agendas/2013/Jun/item9/Tesoro_Item_9_Supp_Doc_6_CEQA_Addendum.pdf?fbclid=IwAR2uF27oVQBHBmp37r1NBAWugF5FIcr16IYYOkIHSOgPBR6mRbn4P20LeMg

March 27, 2013 Planning Area 2 Addendum to Final EIR No. 589
http://www.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=45687

2016 Oso Parkway Bridge Project Initial Study N0. IP 15-252. Addendum to Final Environmental Impact Report No. 584 (State Clearinghouse No. 2006061140) Southern Subregion Natural Community Conservation Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan Joint Programmatic Environmental Impact Report Addendum to Final Environmental Impact Report 589 (State Clearinghouse No. 2003021141) The Ranch Plan General Plan Amendment and Zone Change
http://cams.ocgov.com/Web_Publisher/Agenda03_28_2017_files/images/O00817-000212A.PDF