Letter to Mayor and City Council - May 10, 2006
May 10, 2006
The Honorable Ernie Villegas
Fillmore
City
Hall
Central Park
Plaza
250
Central Ave.
Fillmore
,
CA
93015-1907
Dear Mayor Villegas,
Re: North Fillmore Specific Plan
Dear Mayor Villegas,
At the May 3rd Planning Commission meeting a Sun Cal/Rincon
representative addressed some of the issues that Citizens for
Responsible Growth and other Fillmore residents have brought
up. We appreciate their efforts to enlighten us. They state
that they did an adequate analysis on air quality, water,
agriculture and traffic. However, they have just repeated what
is in the EIR which does not directly address our concerns in
a satisfactory manner.
As you can see from the overwhelming
response to this plan, most citizens are vehemently opposed to
the density and scale of this project. In the past, citizens
felt adequately represented and trusted the City staff,
Commissions and City Council to properly act on behalf of the
citizens. With Heritage Valley Park and other current
projects, that trust was thrown out the window and citizens
are becoming alarmed and getting involved. As you can see from
the responses to this Plan, many citizens have lost trust in
the community leaders.
We contend that there are several
unresolved issues with the EIR and the North Fillmore Specific
Plan. We have repeatedly requested that the EIR/Plan be
re-circulated and the issue reopened to workshops for adequate
community input.
We believe that the traffic, air quality,
land use and other issues that the EIR indicated as
significant impacts that would be mitigated are not reasonably
mitigated. These items should be further analyzed and
addressed.
Conflicts with General Plan
There are numerous conflicts with the
General Plan.
- The Urban Form (Land Use Element 2005, #1
reads…”Maintain the City’s small-town,
rural character in order to enhance the physical,
emotional and mental well-being of the City’s
residents.” This is a conflict. The City’s residents
have repeatedly requested a lower density, rural zoning.
How can we maintain a small town, rural character when all
local agriculture will be eliminated within City limits?
- “Ensure that proposed land uses are consistent with
the desires of the community.” This is a conflict.
Again, we request lower density and rural ranch zoning.
Also, as we have stated before there has been little
community participation since most citizens have been
unaware of the project until recently. The North Fillmore
Neighborhood Council has also had very little input into
the project and in fact, did not receive the EIR or Plan
in a timely manner.
- Housing and Community Development of the Land Use
Element states…”Manage population growth so as to
enhance the economic, social and physical environment of
the City. ”We are not managing population growth well
since the City has consistently exceeded the SCAG
forecasts. We also have not directed enough resources into
supporting business. The current funding for economic
development is miniscule compared to housing development.
Fillmore needs more jobs than housing at this point in
time.
- Economic Growth (Land Use Element 2005, 22) Encourage
a balanced community with a variety of housing, economic
activities, and employment investment opportunities. This
is a conflict based on the fact that we have no very high
end housing and we have the lowest median income. We have
neglected employment investment opportunities and in fact,
have hindered businesses in their efforts to integrate
into the community. There are several established
businesses in North Fillmore who will eventually be forced
off of their properties and be relocating elsewhere. Maybe
southwest or maybe to another city.
Density and Character
The current zoning for the North Fillmore
Specific Plan is RL, Residential – Low. The current zoning
is appropriate for the land configuration and adding
infrastructure for RR or RL density would be minimal while
producing a high property tax increment if development is
focused on high-end properties
The April 9, 2006 issue of the Ventura County Star published
an article regarding a proposed development in Santa Paula
indicating that there are needs for high end housing…
“Pinnacle
CEO John Lang said he thinks the potential market for such a
high-end project is "phenomenal." The company's
developments attract wealthy retirees from around the country,
and there should be plenty of local demand, too, he said.
"Within
an hour's drive of Santa Paula, there are 35,000 households
with incomes of more than half a million a year," Lang
said.
Fillmore
cannot afford to be the county’s doormat on poverty issues.
With the lowest median income in the county the city presently
houses more
than its fair share
of low-income families.
This chart shows there is a very large unmet demand for high
end/upscale housing in the Fillmore area and a negative demand
for multifamily units. Why aren’t we addressing the demand
for upscale housing?

http://www.vchome.org/pdf/resource/Final_HOME_report_June1.pdf
Growth
We are concerned that the number of
people per household has changed from the draft EIR and we
would like to know the source of the new data.
- The
Draft EIR used a 3.6 official census count of people per
household
- The
Final EIR is using a 3.2 figure to count the number of
people per household
- The
City is using a 3.72 ratio in its 2006 Amendment to the
Redevelopment Plan
What is the actual ratio? Since so many
issues and decisions are impacted by this count, we need to
have consistent data for determining the housing growth,
population growth, traffic growth and air pollution growth
According to data from SCAG and VCOG, the City of Fillmore
is exceeding its growth projections and requirements. The
current SCAG forecast is 17,384. Why are we exceeding SCAG
forecasts which the City says is driving this density and
growth? The State requirements have already been met just with
current production of housing thus requiring a slower pace of
development than currently exists.
The current rate of development has
skyrocketed with the approval of :
|
Development
|
Units
|
|
Heritage Valley Parks
|
750
|
|
Townhomes @ River St
|
110
|
|
Rachel Apts
|
20
|
|
River Oaks
|
63
|
|
Pacifica
|
6
|
|
Hackney Farm
|
51
|
|
Haase Property
|
29
|
|
Rosewood
|
72
|
|
Gildred
|
6
|
|
Olsen Project
|
77
|
|
Totals
|
1184
|
This is NOT slow, controlled or responsible
growth.
This chart shows that Fillmore had the highest
housing production rate in Ventura County between 2000 and
2002 of 7.5%.
We have been told repeatedly that we have “to meet the
growth the state demands” but yet the NFSP growth
projections exceed SCAG forecasts. The recent May 10th,
2006 report by the City Finance Director states growth rates
lower than 1%. All of this data is contradictory and begs
questioning of the urgency to approve the Plan
Item 4.11.2 of the NFSP EIR states that
…”population impacts are…significant if growth…would
exceed projections for the area…”

Here is a paragraph from the state housing element
law…
65584
…
The distribution shall seek to reduce
the concentration of lower income households in cities or
counties which already have disproportionately high
proportions of lower income households. Based upon
population projections produced by the Department of Finance
and regional population forecasts…”
The NFSP EIR states on 4.11-3 that…
“ As discussed in the Setting, the 2005 population of Fillmore already
exceeds SCAG’s 2005 population projection and the additional
population growth associated with the Sun Cal project would
further this exceedance. However, the Sun Cal project is
consistent with the 2003 General Plan Update,”
This statement begs the question of why are we
forcing development when it is not required and why were the
numbers increased so much in the 2003 General Plan Update. Was
the Update revised to accommodate developers?
The
Fillmore Municipal Code reads;
6.09.030 Limitation by population.
Development
allotments shall be limited to allow for a total population
increase of one hundred ninety-eight persons per year during
the years 1981 through 1999, inclusive. The numbers of each
type of dwelling unit to be constructed shall be limited to
allow for that population increase, at a maximum. (Ord. 509 §
1 (part), 1980)
Even though this is outdated, it
illustrates the thoughtful, intelligent direction that
Fillmore went through from 1981 through 1999. We believe that
in 2006 it is not realistic to keep growth at the 1999 levels.
However, the current level of growth is not reasonable for
this size of town which has historically one of the highest
densities in Ventura County.
From 1988 – 2004 there were 595 homes
developed. From 2005 – 2020 there will be 2,024 homes
developed. This is a 240% increase! This
is an unreasonable and irresponsible level of growth and this
is why we believe that the density and the number of homes and
developments must be revised.

As you can see
from the table one Population and Land Use Metrics, Fillmore
had a population growth rate of over 20% from 1986 to 2000.
Where is the economic incremental benefit of that
20% ? The fiscal analysis of the project shows a net income of
$189,000 after stable year. If this is the net economic
benefit from this plan, it will barely just pay the
development consultants and does not benefit the City.

The chart also indicates that Fillmore
has no designated open space land. Fillmore also has the third
highest density of all Ventura County cities at 11.2 per acre.
Schools
The impact on
the schools was also a major concern. The school district
is currently extremely overcrowded and not making adequate
yearly progress. With the additional students generated by
Heritage Valley Parks, Townhomes at the River and other
developments in progress and pending as well as proposed Piru
expansion, even adding a middle school will not adequately
serve the community. FUSD Superintendent Mario Contini stated
the district would probably need a third school and that the
Developer Impact Fees will NOT be sufficient to mitigate
school impacts
Parks
The Specific Plan states that “with its
boundaries contiguous to the mountains and Sespe Creek, hiking
and wilderness trails are within easy reach of Fillmore.”
These trails referred to are not easily accessible and
children will not be safe attempting to access the mountains,
Sespe Creek or Wilderness trails. Parks and recreation need to
accessible to all residents.
The City recently purchased land for
parks at a cost of $262,000 per acre. We would like to know
why the taxpayers are paying $700,000 per acre for acquisition
costs and $185,000 for development costs for a total of
$$885,000 acre for park land. Most of which will not be
developed beyond grass and a park bench. This appears to be of
great benefit to the landowner, Sun Cal, at great detriment to
the citizens.
The acquisition pricing scheme in the
NFSP is an unreasonable formula and should not be used.
Instead the land should be properly appraised.
Circulation Element Conflicts: Traffic
and Air Quality
The General Plan Circulation Element
requires adequate parking
The Circulation Element establishes goals
and implementation measures to encourage alternate modes of
transportation. If an entire new community is being
established in North Fillmore, where are the “park and
ride” facilities as dictated by community needs?
The public realm area of thoroughfares
attempts to reduce motor vehicle usage in favor of bicycles
and walking. This is an admirable goal but is not realistic in
Fillmore or North Fillmore, where 44% of households commute to
another city to go to work. They cannot
walk or take their bicycles to work. So the scaling of the
thoroughfares and the parking spaces in the Plan are
inadequate for the number of residents and their attendant
vehicles that will be looking for spaces to park. The local
streets are already full because the average home has two or
more vehicles.
Also, the Specific Plan conflicts with
the General Plan Update because the streets do not conform to
General Plan specifications, requiring another amendment to
the General Plan. These streets will be too narrow and
congested.
Significant Impact AQ-3 must be revisited
due to LOS changes.
Traffic and air quality studies need to
be re-assessed since we will be at LOS E or F at State Route
126 and 23 intersection. This is a conflict with the General
Plan Circulation Element which states that “City
must maintain a LOS C or D”.
All of the cumulative impacts of current
developments such as Heritage Valley Parks, Townhomes at the
River, Grimes Canyon Expansion, Piru Expansion, Newhall Land
development have to be in the EIR and successfully mitigated
or the Plan is in violation of CEQA law.
The City is required to deny any
development that will decrease the Level of Service on State
Route 126 below a “D”. The most current data available
indicates that 126 is currently operating at an “E” LOS.
The delay range for a signalized
intersection of between 55 and 80 seconds is considered a
Level of Service “E”. Delay ranges of over 200 seconds
have been documented on several occasions which puts the Level
of Service below and “F”.
The study used traffic volumes of 30,500
and 31,000 for SR 126. Here is most recent CALTRANS data
showing traffic volumes of 31,000 and 34,000, an increase of
3,500 trips.
State Route 23 traffic was not included
in the traffic studies. The Plan estimates that the
intersection at SR 23 currently serves 1,000 ADT’s per day.
This is incorrect as the most recent CALTRANS data calculates
10,500 ADT’s per day at that location or an increase of
9,500 trips.

In a letter received from CALTRANS
Regional Transportation Planning Office on June 4, 2004 in
response to the NOP for North Fillmore Specific Plan, the
Branch Chief requested traffic studies to specifically analyze
both SR 126 and SR 23 for “both
existing and future conditions in the affected area…” and
“…inclusion of all appropriate traffic volumes and traffic
growth other than from the project and developments.” The
Background growth was listed at 836 dwelling units, when there
are actually over 1100 dwelling units currently under
construction
Producing accurate traffic levels of
service and trip generation will result in exceedance of
county guidelines for traffic management plans. It will also
affect the APCD and AQMD thresholds and will also not be
successfully mitigated.
The APCD memo dated June 16, 2004 in
response to the NOP recommended stated that “…a
carbon monoxide screening analyses should be conducted for any
project-impacted roadway intersections that are currently
operating, or which are expected to operate, at Levels of
Service D, E, or F, or at any projected-impacted roadway that
may be a CO hotspot. If a potential hotspot is identified, the
District recommends that a complete CALINE carbon monoxide
analyses be conducted for that intersection.”
We are contending that hotspots exist
along 126, particularly at stop lights where diesel trucks are
idling and producing air toxics.
A recent article in the Los Angeles
Times(March 22, 2006) states that…”Despite two decades of
cleaning up carcinogenic fumes from cars and factories,
Californians are breathing some of the most toxic air in the
nation”
The only proposed mitigation for getting
the Level of Service to a somewhat acceptable”D” range is
adding an additional lane to SR 126. This is also a violation
of CEQA 15091 in that these changes are within the
responsibility of another agency other than the City.
Community Input
During the
public hearings numerous individuals have approached the
Planning Commission and City Council to voice their views and
concerns. Many of the speakers said they had just heard
out about the project a few weeks ago. City staff insists
that the North Fillmore Specific Plan has been worked on over
a period of four to five years. However, this work was
largely between the City and the Developers and consultants
and done without community input.
The
Introduction of the Specific Plan 1.1.1
Purpose states that “The Plan reflects intensive work
with the community to discuss the priorities and expectations
for the area. According to Appendix L, Key Meeting Dates of
Key Meetings and Discussions/Decisions, there was very little
community involvement.
We would like
to know why the community was not involved in the planning
process or the workshops. North Fillmore Neighborhood Council
was somewhat involved but only to a limited extent. Only one
workshop was notice to homes in City limits within 300’ of
the project. Fillmore is such a small community this
development will affect everyone in the City and everyone
should be allowed to fully participate. Redevelopment funds
cannot be used if it will segregate a community. Can’t be
over 50% minority
The Specific Plan appears to conflict
with the General Plan Circulation Element Goal #30
“Encourage various means of communication opportunities to
promote public involvement in the ongoing community
development process. What were the various means of
communication opportunities? Having public hearings is the final step of the process. None of the prior steps in the
development process have “encouraged” communication
opportunities for public involvement.
Conclusion
We would like to know what the actual
benefit to citizens will be. Is there a true, measurable
benefit?
Growth does not always lead to
prosperity. What does lead to prosperity is health; clean air,
clean abundant water, peace of mind, employment. With approval
of this project you will be squandering this city’s most
precious resource; land, water and air; agricultural land that
our children and grandchildren will need to grow on. Think
ahead…plan for the future, not for the past and not for the
present moment. We have the potential to make this a wonderful
place.
If there is an “out migration” as
indicated by the City Finance Director, it’s time to
seriously consider what this means. Does it mean that our
quality of life is deteriorating? Yes. Many long time City
residents and former employees have left the area. A recent
Ventura County study shows that we have lost 10,000 middle
class citizens. Think about that.
Let’s stop being the bottom of the
barrel. Many residents state that they can’t wait to be
retired or sell out so they can get out of here. This is an
absurdity since Fillmore is “the last, best, small town in
Southern California”. Fillmore has a lot to offer and this
needs to be appreciated by our leaders so that Fillmore will
be more desirable and create more value. We don’t need to be
the dumping ground for low income housing, highest disability,
highest unemployment, lowest median income and other
characteristics that Fillmore has been noted for in the past.
With a more progressive and visionary
city management leadership and city council we could develop
Fillmore into a wonderful, vibrant, beautiful city with much
more potential than is currently realized.
Why can’t we try to make Fillmore
better? There is no reason to think that Fillmore can’t be a
jewel of Southern California. We have the most desirable
climate, natural beauty, natural resources; water, energy,
sunshine. Please raise the bar higher, not lower.
Gayle Washburn
Todd
VanDeMheen
Citizens
for Responsible Growth
1355
Goodenough Rd.
Fillmore,
CA 93015
Article
from Ventura County Star 6/19/2001
“In an effort to revitalize
Fillmore, Ventura County's historically
rural and now poorest city, officials worked out a
20-year plan to expand its area from 1,748 to 3,238 acres,
increase its population from 14,000 to 20,000 and build about 1,200
homes, including many in an "executive
style" attractive to upscale professionals. Officials say
the city, with the county's
highest unemployment rate and housing density, needs this
growth to lure affluent residents whose taxes would help pay
for its deteriorating services. But critics, reports Los
Angeles Times writer Catherine Saillant, immediately hit the
plan as leading to urban sprawl, productive farmland loss and
Santa Clara River flooding. They also accused officials of
rushing the plan through before voters can adopt growth
control measures similar to those passed in seven other area
cities in the past years. The writer quotes resident
Paul Harding, the leader of the local Save Open Space and
Agricultural Resources (SOAR) campaign, who suspects landowner
and development interests of "fueling this fast-track
approach." City Councilman Evaristo Barajas responds that
the city's has been updating its growth plan for three years,
holding numerous workshops for residents. While a similar
city-backed growth proposal was soundly defeated last
November, so was a rival SOAR growth-control measure, he says,
considering it a sign that most voters "are happy with
the way that the City Council has been handling future
growth." Officials intend to conduct environmental
studies, hold public hearings and then present the formal plan
to the state's Local Agency Formation Commission this fall.”
Legal
Reference for Cumulative Impacts
Raptor, supra, 27 Cal.App.4th 713, the courts
invalidated an EIR prepared for a housing project, in part
because it failed to analyze the project in conjunction with
other development projects in the surrounding area. (Id. at
pp. 739-741.)
Legal
Reference for Air Quality Impacts
Guidelines section 15126.2, subdivision (a) requires an
EIR to discuss, inter alia, “health and safety problems
caused by the physical changes” that the proposed project
will precipitate. Both of the EIR’s concluded that the
projects would have significant and unavoidable adverse
impacts on air quality. It is well known that air
pollution adversely affects human respiratory health.
(See, e.g., Bustillo, Smog Harms Children’s Lungs for Life,
Study Finds, L.A. Times (Sept. 9, 2004).)
Emergency rooms crowded with wheezing sufferers are sad but
common sights in the San Joaquin Valley and elsewhere.
Air quality indexes are published daily in local newspapers,
schools monitor air quality and restrict outdoor play when it
is especially poor and the public is warned to limit their
activities on days when air quality is particularly bad.
Yet, neither EIR acknowledges the health consequences that
necessarily result from the identified adverse air quality
impacts. Buried in the description of some of the
various substances that make up the soup known as “air
pollution” are brief references to respiratory illnesses.
However, there is no acknowledgement or analysis of the
well-known connection between reduction in air quality and
increases in specific respiratory conditions and illnesses.
After reading the EIR’s, the public would have no idea of
the health consequences that result when more pollutants are
added to a nonattainment basin. On remand, the health
impacts resulting from the adverse air quality impacts must be
identified and analyzed in the new EIR’s.
Caltrans
Current Traffic Counts
http://www.dot.ca.gov/hq/traffops/saferesr/trafdata/truck2004final.pdf
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