Tuesday, March 10, 2015

Oak Creek passes City Council 4-1- A Blue View Blog tells the tale

Oak Creek was approved by Council at the Wednesday meeting.  The blog below pretty much tells the story.  We encourage you to join the blog A Blue View for Escondido.  Here's the link   A Blue View Blog on the Oak Creek Hearing   There are many discussions going on right now about next steps.  More soon.

 


Oak Creek–Unhealthy for Oaks and Creeks

by mmliles
Wednesday’s City Council meeting pretty much transpired as expected, well, except that Mayor Sam Abed went off the rails more than usual. Even the usually non-committal reporter for the San Diego UT noticed: “Mayor Sam Abed thanked everyone in the chambers for their civility during the hearing. However, he also strongly criticized local environmental lawyer Everett DeLano for a letter he sent this week that Abed said was filled with untruths and was an ‘embarrassment.’ ” http://www.utsandiego.com/news/2015/mar/04/escondido-oak-creek-council-approved/
“Strongly criticized” is an understatement—Abed was rude, very uncivil, and an embarrassment to the City.
The main item on the agenda was #10 OAK CREEK PROJECT ANNEXATION, TENTATIVE SUBDIVISION MAP, PRELIMINARY, MASTER AND PRECISE DEVELOPMENT PLAN, PRE-ZONE, GRADING EXEMPTIONS, SPECIFIC ALIGNMENT PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT. The project, already approved by the Planning Commission, will build 65 homes on some 37.6 acres. One home per over half an acre—that doesn’t sound too dense, a considerable decrease from what the County’s or even the City’s General Plan would allow—as the developer, New Urban West’s spokesman, Jason Han, and, later, Councilmen Ed Gallo, John Masson, and Abed pointed out. But, considering that any home built in the County would have to have a septic system, which would usually require at least an acre, maybe not. To even build 65 homes would require a sewer system. These proposed new “multi-generational” homes ranging from a mere 3,300 square feet to 4,617 square feet, with four to six bedrooms, and corresponding number of bathrooms will be built on lots of around 10,000 to 12,000 sq. feet. It will be a gated community. It will build a public sidewalk along Felicita Road, and put in a “traffic calming” traffic circle on Felicity Road. It will save the seasonal Duck Pond, and allow public access to the pond—even install a bench to view the pond. Sounds delightful.
But wait—the project will also remove some 238 mature trees, including over 100 native Coastal Live Oaks. The developer has promised to replace these with 400 native trees and 1500 seedlings. All well and good, but a mature tree can nest many more birds than many immature trees. There will be a disturbance to the bird populations.
There were, by my count, about as many speakers against the development as for the development, but there were also about twice as many supporters as opponents in the audience. Both sides made some good arguments. Escondido Neighbors United (ENU) objected to the removal of mature oak trees, the presence of toxic chemicals under a part of the development’s land caused by a toxic plume that had originated from the Chatham Waste site. J. Harry Jones sums up the history of this site well: http://www.utsandiego.com/news/2014/sep/30/escondido-chatham-pbrothers-plume-toxic/2/?#article-copy . ENU members argue that the state’s Department of Toxic Substances Control (DTSC) was much too optimistic in their assurances that the problem was not significant. http://escondidoneighborsunited.blogspot.com/ . They also argue that the buffer zones between the project and the seasonal creeks on the property was not consistent with Escondido’s General Plan, and that the gated community would present a major barrier to wildlife. ENU presented an alternate plan for a development, a non-gated project with 41 homes.
Those neighbors for the development cited their belief that this development would slow down the traffic on Felicity. The sidewalk would make it safer for their children. The development’s site had been allowed to become a dumping ground and homeless camp, and the proponents were glad that would not happen again. I found it curious that neither these neighbors, the Council, nor the developer questioned why the owner of the land, Arie de Jong, was never criticized for allowing his land to become so blighted. The neighbors favoring the development really got to speak twice, since many had appeared in a video presented by Han during his time before the Council. New Urban West does do an excellent job of convincing the neighbors that their developments are just what their neighborhood needs. Their development in Harmony Grove is a classic case of their smarts in the public relations department. But, that’s another blog or two, or three, or five.
Councilman Mike Morasco led the parade of praise for New Urban West by the Council majority. He complemented those who had spoken on both sides for being so civil, then proceeded to claim that the opponents had stated as facts things that were not factual—without actually iterating what those non-facts were. He could not understand why a bridge over a creek would be a problem for wildlife.
Gallo heaped more compliments onto the pile begun by Morasco, admitting that as long as the duck pond was saved, he would be happy. He made his usual, somewhat incoherent, description of the real estate domino effect. He was absolutely certain that any project with a 3,600 page EIR had to meet all environmental requirements.
Councilwoman Olga Diaz questioned why the project had narrower wildlife buffer zones than required by the General Plan. She questioned why the land had been allowed to fall into a decline. She expressed her concern that the Council had never been presented with complete information about the Chatham Superfund Site. She was told that it was the responsibility of the DTSC to inform neighbors about the status of the toxic plumes, but she suggested that once the property was in the City, the City would bear some responsibility for such notification. She too complimented New Urban West, but felt there were too many uncertainties to vote for the project.
Masson chimed in with the New Urban West chorus of praise, claiming the project would actually reduce the risk of downstream flooding, concluding, that New Urban West knew the market, and the Council should not dictate to New Urban West what size of houses to build, or whether or not to build a gated community.
Abed started his comments calmly—observing that this may have been the most civil meeting he had ever had. He was very proud of his long association with New Urban West, noting that New Urban West set the example of what developers should do. Then Abed became a bit unglued. He said that the letter from attorney Everett DeLano was so full of inaccuracies as to be an embarrassment, then went so far as to advise people to avoid the Delano law firm. He went on to criticize an Op Ed by two members of ENU, Fred Progner & Ron Forster: http://www.utsandiego.com/news/2015/feb/28/tp-residents-seek-action-to-address-water/#comments-module , as being 50 to 60 % false. About this point in time, the opponents began to leave the chambers. Abed went on to beat the conservative mantra about property rights, and noting that ENU member Laura Hunter was against any development as far as he could tell. He preferred to ignore the fact that ENU had proposed an alternative development.

Of course the project was approved four to one. The good ole boys on the Council lived up to their commitments to the Building Industry Association. The last item on the agenda was the appointment of a white, male, general contractor to the Planning Commission. Business as usual.

Wednesday, March 4, 2015

Final Reminder: Council Meeting today 4:30.

Just a quick reminder that the final Council vote will be today at 4:30 at Escondido City Hall.
Here are some of the excellent letters that have been filed on this project
San Diego Audubon Society   and from our counsel Everett DeLano  DeLano for ENU
Thanks to all the people who have written and supported our efforts.

Our Media Release 
Escondido Neighbors United
An alliance of engaged residents working for the benefit of rural, urban, and natural communities in the Escondido Area.       

For Immediate Release:                                                      Contact:  Laura Hunter, 619-997-9983

Community to Oppose Oak Creek
Housing Development in Escondido

On March 4, 2015, members of Escondido Neighbors United (ENU) will join other residents and organizations to present their opposition to the proposed Oak Creek Housing Development at the final City Council hearing on the project.   They will urge the City Council, instead, to consider a less dense option called, Community Creek or defer decision until more is known about the environmental condition of the site.

Oak Creek is a 65-home, gated housing development proposed on farmland adjacent to Felicita Park and annexed from the County to the City.  The proposal will cause the destruction of hundreds of native oak trees and the dense development footprint adds to threats of erosion and runoff downstream where impacts are already severe.  County Parks Department’s concerns about potential impacts to Felicita Park have yet to be addressed.   

Escondido Neighbors United has been engaged on the Oak Creek housing proposal for many months.   ENU members have commented extensively on the project about impacts and concerns related to wildlife, oak trees, traffic, community character, waste contamination, air quality, water quality in the streams, water supply, and cultural resources, but improvements have not been made.  In fact, the project was changed to worsen the impacts  

Also troubling is that past sampling shows the Chatham plumes are under about a third of the Oak Creek site.  However, conditions cannot be fully known because the property owner refused access to technical consultants for scheduled testing of wells on-site.  One of the wells has measured multiple contaminants in the past so needs to be tested.  Soil vapors and groundwater pollution were found within the property lines and some of the new homes are proposed over plume areas.

ENU member and neighbor of the site Eva Salazar stated, "I request that no homes are built over the plume.  If this project is approved I don't want my future neighbors to be in the same situation I am in, living on a plume of contaminated ground water wondering what toll this will take on my health".

Although the State Department of Toxic Substances Control said the pollution is adequately characterized and will degrade given enough time, this contradicts facts on the ground.  The most recent monitoring shows pollution entering Felicita Creek at the highest levels to date, contamination has spread to new wells, and wells on the Oak Creek site were prevented from being tested.   A sister agency, the Regional Water Quality Control Board, disagrees that the contamination strategy is working.   

Oak Creek is also heavily reliant on constructed storm water features to address increases in runoff.  The City has stated that compliance with the storm water permit will ensure no downstream erosion.  However, on February 10, 2015 the Regional Water Board filed an official Notice of Violation against the city of Escondido for many failures to enforce the storm water rules. More information can be found here, http://escondidoneighborsunited.blogspot.com/2015/02/escondido-receives-official-notice-of.html

Escondido Neighbors United, will ask the City of Escondido to deny Oak Creek, require a less dense alternative, get serious about enforcing water runoff rules, and require remediation of pollution before annexation.

ENU members will also be advocating instead for consideration of Community Creek—A Balanced Option.  Community Creek proposes a reduced footprint and density alternative and appropriate conditions for consideration.  Community Creek achieves many benefits:
·         Protects more wetlands but allows development to occur,
·         Reduces negative impacts to the streams and avoids disruption of creek,
·         Reduces loss of native oak trees,
·         Better supports wildlife,
·         Protects clean water and prevents downstream erosion and impacts ,
·         Reduces traffic and needed infrastructure,
·         Enhances and integrates with existing neighbors, not isolates from them

Escondido Neighbors United (ENU) is a local community group active in the SW Escondido area working to protect the environment and local communities.  ENU is committed with preserving our community, environmental, cultural resources, Felicita Park, and quality of life of the neighborhoods in our area.   More information is at www.escondidoneighbors.org    




Monday, March 2, 2015

REMINDER Final Oak Creek Decision Wednesday MARCH 4 at 4:30 Please Attend

The final City Council hearing and vote for Oak Creek will take place at 4:30 this Wednesday, March 4th.   Information can be found here  March 4 Hearing Action Alert 

Last Chance to Speak out against
Oak Creek Housing Project

Urge the City Council to Vote NO on Oak Creek

Wednesday, March 4, 2015
4:30 pm
Escondido City Council Chambers 

ENU Members submitted the following Community Commentary  to the San Diego UT.  It was published Saturday but, since the link is not available, we have provided our submittal below FYI.

Residents call for action to stem tide of water, development woes
By Fred Progner and Ron Forster, Members, Escondido Neighbors United and residents of southwest Escondido.

We live in a beautiful rural, oak-studded neighborhood near Felicita Park in North County.  But, pollution and development threaten our area and we aren’t getting help from local and state government.

We are struggling to stop the flow of legacy pollution from the Chatham Barrel Yard, a State ‘superfund’ site, first discovered over 30 years ago.  Industrial waste from Chatham has contaminated groundwater and plumes now extend over a mile from the original dump site.  Plumes have traveled under many properties and contaminated local irrigation wells.  If it keeps going, it could reach Lake Hodges, an emergency water supply reservoir.

Also, Oak Creek, a gated housing development proposed on farmland adjacent to Felicita Park will soon be voted on by Escondido City Council.  It turns out Oak Creek is not good for oaks or creeks or us.   The proposal will cause the destruction of hundreds of native oak trees and the dense development footprint adds to threats of erosion and runoff downstream where impacts are already severe.  County Parks Department’s concerns about potential impacts to Felicita Park have yet to be addressed.   

Also troubling is that past sampling shows the Chatham plumes are under about a third of the Oak Creek site.  However, conditions cannot be fully known because the property owner refused access to technical consultants for scheduled testing of wells on-site.  One of the wells has measured multiple contaminants in the past so needs to be tested.  Soil vapors and groundwater pollution were measured within the property and some of the new homes are proposed over plume areas.

Although the State Department of Toxic Substances Control said the pollution is adequately characterized and will degrade given enough time, this contradicts facts on the ground.  The most recent monitoring shows pollution entering Felicita Creek at the highest levels to date, contamination has spread to new wells, and wells on the Oak Creek site were prevented from being tested.  Having lived with this for 20 years already, we question whether the agency charged with protecting human health from toxic effects is doing enough.

Oak Creek is also heavily reliant on constructed storm water features to address increases in runoff.  The City assures us we can trust that compliance with the storm water permit will ensure no downstream erosion.  However, last week the Regional Water Board filed an official Notice of Violation against the city of Escondido for many failures to enforce the storm water rules.  We no longer trust that we can rely on City oversight.

Our community group, Escondido Neighbors United, is calling for action.   

We call on the City of Escondido to deny Oak Creek, require a less dense alternative, get serious about enforcing storm water rules, and require remediation of pollution before annexation.

We call on Department of Toxic Substances Control to require testing of all wells, treatment systems for contaminated irrigation wells, and precautionary measures to reduce risks. 

Until then, we will continue to stand up and defend our creek, our beautiful park, and our community.