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:

  1. The EIR/Plan be re-circulated and the issue reopened to workshops for adequate community input
  2. The EIR/Plan be rejected and a new study implemented to re-zone the Specific Plan area RR
  3. The General Plan amendments be withheld until a more reasonable plan is designed
  4. 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.

  1. 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?
  2. “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.
  3. 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.
  4. 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