Deal Clears Way for Limited Miramar Lake Development

The San Diego City Council on Tuesday unanimously agreed to settle a Scripps Ranch developer’s lawsuit, saving much of the hillside around Miramar Lake while opening the way for construction of about 3,360 housing units.

The agreement between the city and the development partnership of McMillin-BCED brings to a halt a lawsuit the developer filed protesting the City Council’s action last February, when it approved an emergency interim ordinance restricting construction along the lake’s northern shore.

In many ways, the settlement signals the end of the beginning in a long battle over development of what is called Miramar Ranch North. Many of the land-use agreements contained in the settlement, ranging from amendments to the area’s community development plan to a specific development agreement with the city, must be voted on separately. Some of the votes aren’t scheduled until April.

Among the main elements in the complex settlement are:

* Turning a proposed industrial park into a 300-unit multifamily residential project.

* Reducing the number of housing units around the lake by 498 to 590, a decrease of 54%.

* Increasing the amount of open space in the 1,200-acre development to 255 acres.

* Reducing the number of hillside homes in the lake’s “viewshed” from about 400 to approximately 80.

* Moving a proposed alignment of Scripps Ranch Boulevard away from the lake.

* Increasing to six years the construction timetable of the 3,360 housing units.

In addition, the agreement calls on the developer to consider building a town center complex and moving a school site.

The agreement also requires the developer to begin building a major roadway in the area--Scripps Ranch North Parkway--as well as provide money to build a library and other public facilities, including the Mercy Road interchange with Interstate 15.

In return, the city agreed to the following major points:

* Giving the developer a $24-million credit against future imposition of citywide impact fees.

* Essentially exempting the developer from regulations in the city’s environmental ordinance, formally known as the Resource Protection Ordinance.

* Giving the developer an exemption from any future growth-control ordinance approved by the City Council. McMillin-BCED, however, would still be covered by any growth-control initiatives placed on the ballot by the public.

* If the developer is delayed or made to stop building because of various decisions by the city as outlined in the agreement, the city would be forced to reimburse McMillin-BCED millions of dollars.

The agreement also calls for the creation of a $56.5-million fund to pay for many of the public improvements needed by new growth in Miramar Ranch North.

Various community groups--such as the Save the Lake Committee--told the City Council they supported the many land-use changes contained in the settlement agreement, though they wanted to read and analyze the agreement before supporting it 100%.

The agreement itself was only made public Tuesday after it was discussed by the council in closed session.

Councilwoman Linda Bernhardt, who represents Scripps Ranch and who played a major role in initiating the settlement, said the agreement was a victory for the neighborhoods in the area that for several years have fought to be part of the political process.