Letter to Planning Commission - May 15, 2006
May 15, 2006
Planning Commission
Fillmore
City
Hall
Central Park
Plaza
250
Central Ave.
Fillmore
,
CA
93015-1907
Commissioner
Mark Austin (Chair)
Commissioner
Douglas Tucker
Commissioner
Vance Johnson
Commissioner
Diane McCall
Commissioner
Wallace Schaefle
Re: North Fillmore Specific Plan
Dear Commissioners,
At the May 3rd Planning Commission
meeting a Sun Cal/Rincon representative addressed some of the
issues that Citizens for Responsible Growth and other citizens
have brought up. We appreciate their efforts to enlighten us.
They state that they did an adequate analysis on air quality,
water, agriculture. 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.
We contend that there are several
unresolved issues with the EIR and the North Fillmore Specific
Plan. We are recommending the following:
- The
EIR/Plan be re-circulated and the issue reopened to
workshops for adequate community input
- The
EIR/Plan be rejected and a new study implemented to
re-zone the Specific Plan area RR
- The
General Plan amendments be withheld until a more
reasonable plan is designed
- Sun
Cal Tract be rejected pending new study
We have substantial reasons for these
recommendations. 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. We also believe that this is not the best plan for
Fillmore.
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. There
are several established businesses in North Fillmore who
will eventually be forced off of their properties and be
relocating elsewhere.
Density and Character
The current zoning for the North Fillmore
Specific Plan area is RL, Residential – Low. This zoning is
appropriate for the land configuration. Adding infrastructure
for RR or RL density would be less costly 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 a very large unmet
demand for high end/upscale housing in the Fillmore area and a
negative demand for multifamily units.

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 parcels pending development:
|
Development
|
Units
|
|
Heritage Valley Parks
|
750
|
|
Townhomes @ River St
|
110
|
|
North Fillmore Area
|
894
|
|
River Oaks
|
63
|
|
Hackney Farm
|
51
|
|
Haase Property
|
29
|
|
Rosewood
|
72
|
|
Gildred
|
6
|
|
Olsen Project
|
77
|
|
Totals
|
2052
|
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 when
not required by SCAG. How can Sun Cal be consistent when they
want a GPA from RL (7 du’s per acre) to RM/H (11-15du’s or
RH (15+ per acre)?
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 below, 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 Plan shows a net income of $189,000
after stable year. That does not compensate for the loss of
agriculture, air quality, traffic headaches or quality of
life. 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. With the NFSP
we will be at the top of the list of highest density per acre.

Schools
The impact on
the schools is 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. 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. Sespe Creek and the hills
surrounding Fillmore are all private properties posted with No
Trespassing signs.
The acquisition pricing scheme in the
NFSP is an unreasonable formula and should not be used.
Instead the land should be properly appraised.
The City recently purchased land at a
cost of $262,000 per acre. We would like to know why the
taxpayers are paying $700,000 per acre to Sun Cal for
acquisition costs and $185,000 for development costs for a
total of $885,000 per acre for park land. Most of which are
“pocket parks” 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.
Circulation Element Conflicts:
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 and the
General Plan?
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 require 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.
Traffic and Air Quality
Significant Impact AQ-3 must be revisited
due to LOS changes due to increased traffic counts.
Traffic and air quality studies need to
be re-assessed since we will be at LOS E or F at State Route
126 and State Route 23 intersection. This is a conflict with
the General Plan Circulation Element which states that “City
must maintain a LOS C on City streets or D on SR 126”.
All of the cumulative impacts of current developments
such as Heritage Valley Parks, Townhomes at the River, Grimes
Canyon Expansion, Piru Expansion and Newhall Land development
must 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 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 put the Level
of Service below an “F” at SR 126 and SR 23 intersection.
The study used traffic volumes of 30,500
and 31,000 for SR 126. There is more recent CALTRANS
data(attachment 1) 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 in the Plan was listed at 836 dwelling
units, when there are actually over 1100 dwelling units
currently pending construction.
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.
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.
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 SR 126, particularly at stop lights where diesel trucks
are idling and producing air toxics.
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 states
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 noticed 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 if they desire.
Redevelopment funds cannot be used if it will segregate a
community.
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, community and employment.
With approval of this project you will be squandering this
city’s most precious resources; 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 including former City employees have left the area.
Many City employees choose not to live in Fillmore.
Many residents state that they can’t
wait to be retired or sell out so they can get out of here.
This is a sad
reality since Fillmore truly could and should be “the last,
best, small town in
Southern California
”. Why is it the last? Fillmore has a lot to offer and it
needs to be appreciated by our leaders so that Fillmore will
become more desirable and create more value. We don’t need
to be known for low income housing, highest disability rates,
highest unemployment rate, lowest median income and other
characteristics that Fillmore has been noted for in the past.
With a progressive and visionary city
management team and city leadership 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 of water, air and
sunshine. Please raise the bar higher, not lower.
Gayle
Washburn
Todd
VanDeMheen
Citizens
for Responsible Growth
1355
Goodenough Rd.
Fillmore,
CA 93015
cc:
City Council
Mayor Pro-tem Ken Smedley
Council Member M. Cecilia Cuevas
Council Member Steve Conaway
Council Member Raymond Dressler
North Fillmore Neighborhood Council
Shirley Micarelli
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.
Attachment
1. Caltrans
Current Traffic Counts
http://www.dot.ca.gov/hq/traffops/saferesr/trafdata/truck2004final.pdf
|