Builders Seeking IDO Exemption Fail : City Council Deadlocks on Miramar North
With the district’s own council member leading the opposition, builders planning a large housing and industrial project north of Scripps Ranch failed Tuesday in their bid to earn the first large-scale exemption from the restrictions of the City Council’s slow-growth Interim Development Ordinance.
But because council members deadlocked in two 4-4 votes on the future of the Miramar Ranch North community plan--where 4,650 residential units are scheduled to be built with 121 acres of light industry and commercial development--they will hear the matter again Monday.
The tie votes came after nearly three hours of debate over whether to allow BCE Development Inc. to become the first developer to use a clause in the IDO allowing exemptions for community plans that comply with certain public facility and financing requirements.
The IDO, which caps residential development citywide at 8,000 units between July, 1987, and January, 1989, is intended to ensure that the construction of schools, parks, sewers and other public facilities keeps pace with home building.
Council members approved the Miramar Ranch North plan May 21, exacting $40 million in up-front contributions for road construction, schools, a library and other public facilities from BCE. The developer also agreed not to take out residential building permits until the IDO expires.
Delays Could Result
But BCE General Manager William Kennedy asked council members Tuesday for release from the IDO, saying that his firm cannot continue to spend $500,000 per month on engineering plans for road construction without the council’s “vote of confidence” that the development would be allowed to go ahead.
Delays in construction of new roads could result unless the exemption from the slow-growth ordinance was granted, Kennedy said.
“It’s at the point where we can’t pay the whole national debt just to build in the City of San Diego,” Kennedy said. He and other proponents of the plan noted that the developers have agreed to improve the Mercy Road interchange off Interstate 15, build a new road between the Mercy Road interchange and South Poway Parkway, contribute $1 million toward planning a proposed high school, and provide water service before residents move in.
“Never in the history of this city, or in my career, have I seen such extraordinary commitment of up-front costs,” said William Rick, a prominent developer and owner of an engineering firm who is working with the developers.
But council member Ed Struiksma, who represents the 5th District where the project would be located, vehemently opposed releasing Miramar Ranch North because BCE has not submitted a detailed plan describing how it will finance the public facilities work. A financing plan submitted by the developers in July was rejected by the city, Struiksma said.
“This plan has clearly been rejected. It has been sent back. I cannot in good conscience go back to my community . . . and tell them that the public facilities are guaranteed,” said Struiksma, who nevertheless supports the Miramar Ranch North project.
“You’ve got the commitment of the developer that he doesn’t want to build for 18 months,” Struiksma told other council members. “What’s the rush?”
Kathy Giles, chairwoman of the Sierra Club’s city land-use committee, told council members that the San Diego Unified School District’s master plan does not call for the first elementary school to be built in Miramar Ranch North until 1990--when BCE will have built 2,350 residences. By 1991, when the school district wants to complete the first high school in the area, more than 3,300 units will be up, according to a report from the Planning Department.
Tom Mullaney, leader of Citizens for Limited Growth, also opposed the project on the grounds that it will bring thousands of cars onto I-15, which already operates above its capacity at certain hours and will continue to do so even with improvements planned during the next 15 years.
“This city already has hundreds of angry people in Penasquitos who are shouting and waving their fists about traffic conditions,” Mullaney said. “Why would this council want to condemn future councils to the same situation?”
Plan Wins Mayor’s Support
The exemption plan, which was recommended by the city’s Planning Department, won the support of Mayor Maureen O’Connor, who tried to forge an agreement Tuesday that would give BCE release from the IDO requirements but require the developers to come back with financing and scheduling plans for construction of the public works.
Struiksma’s motion to postpone consideration of the issue until Jan. 12 failed on a tie vote, with council members Abbe Wolfsheimer, Gloria McColl, Celia Ballesteros and O’Connor siding against him. O’Connor’s alternative died by the same vote. The ninth council seat has been vacant since the resignation of 4th District council member William Jones in September.
Under council rules, matters that end in a tie vote are brought back at the next council session.
Kennedy said after the meeting that he will wait until Monday’s reconsideration of the matter before deciding whether to halt funding for engineering work, which has already cost BCE $3 million.
Before the Miramar Ranch North vote, council members adopted criteria for determining whether a community plan should be released from the terms of the IDO.
The plan would have to meet requirements for adequate numbers of parks, streets, schools, libraries and other public facilities. It would also have to show when each residential building phase would be completed. Impact on surrounding communities would be considered.
The Planning Department projects that six community plans could come before the council for release from the IDO’s requirements. The council is also scheduled to hear requests for exemptions from housing project developers Monday.
