PUBLIC SCOPING SR-241 TOLL ROAD EXTENSION OSO PARKWAY TO SD COUNTY LINE
COMMENT IN OPPOSITION - Part 3
I SUPPORT THE NO BUILD OPTION
Date: December 4, 2019
Dawn Urbanek, San Clemente Resident
PUBLIC SCOPING COMMENT PART 3 DOCUMENTATION
PUBLIC SCOPING COMMENT PART 1 [Permit Denials- Building in Segments to Avoid NEPA - The Back-up Plan]
PUBLIC SCOPING COMMENT PART 2 ["Minor Amendment"- 10% Shift in the alignment of SR-241]
In Part 11 and Part2 of Public Scoping Comments in Opposition to the Tesoro Extension of SR-241 from Oso Parkway to the Orange County/San Diego County Line; it was established that only one road is being constructed south of the Oso Parkway Bridge, a segment of the Tesoro Extension of SR-241 from Oso Parkway to Cow Camp Road with a 10% shift in alignment. The alignment of SR-241 has been shifted approximately 800 feet closer to Tesoro High School and the Habitat Reserve.
There is no valid CEQA or NEPA for the project that is being constructed.
A minor Amendment was granted to Rancho Mission Viejo (a private entity) to shift the alignment of "F" Street; designated a "Collector Road", 800' to the east of Tesoro High School so that "F" Street would align with the on and off ramps of the SR -241 which currently terminates at the Oso Parkway Bridge. The application for the minor amendment failed to disclose that designation of "modified" "F" Street was going to be changed from a collector road to a County Arterial Highway with agreements in place to convert modified "F" Street to the SR-241 Toll Road that was denied wastewater discharge permits five times by three different entities (the San Diego Regional Water Quality Control Board, The California Coastal Commission and the United States Secretary of Commerce) all who cited:
"... impacts would be permanent, irreversible, and, for the most part, unmitigable".
"No other alternative alignment poses the threat of unmitigable and irrevocable impacts of such magnitude".
The 10% shift in the alignment of original "F" Street to align with the on and off ramps of SR-241 at the Oso bridge, coupled with the change in the roads designation from a Collector Road to a County Arterial Road with agreements to turn the road over to TCA/Caltrans to be transitioned to a tolled road invalidates all previous findings of the environmental effects this project will have on Tesoro High School and the adjacent Habitat Conservation Area including but not limited to:
Soils and Geology
Transportation and Circulation
Public Serviced and Facilities:
A new environmental review with Caltrans as the lead agency for NEPA must be completed prior to any construction of the Tesoro Extension of SR-241 South of Oso Parkway so that appropriate mitigation measures can be identified and mitigated.
Any new enviornmental review would need to include impacts on Tesoro High School created by the project that is actually being constructed.
STATEMENT OF FACTS
1. There is only one road being built south of the Oso Parkway Bridge; it is the segment of the Tesoro Extension of SR-241 from Oso Parkway to Cow Camp Road, with scoping beginning for a third segment from Cow Camp Road to La Pata in the City of San Clemente.
TESORO HIGH SCHOOL IS A "SENSITIIVE RECEPTOR"
2. The final EIR for Tesoro High School dated March 1996 was studied with this layout for Chiquita Canyon High School aka Tesoro High School and an SR-241 alignment that was appromimately 800' father to the east.
3. The school opened September 2001. Due to environmental concerns, the Capistrano Unified School District was forced to flip the design of the school and had to purchase two additional parcels of land in order to accommodate sports fields. This is the school that was actually built. There does not seem to be any new EIR for this design of Tesoro High School as built. As such the enviornmenta impacts determined in the original EIR are not valid.
4. The lead agency for CEQA was the Capistrano Unified School District.
5. Tesoro High School is built on top of Chiquita Canyon Channel, a rare Alkali Riparian Marsh that was actually under federal review for protection at the the time the site was chosen as a potential site for a high school. The site is located in a canyon bottom in the middle of a major movement corridor for mountain lions and other species. The school was placed directly on top of a stream bed; L06 Chiquita Canada Channel, and accompanying riparian woodland that drains the canyon.
The school sits in a FEMA floodplain with very steep canyon walls and high velocities of water which required the Santa Margarita Water District to place stream flow velocity controls underneath Tesoro High School. The main Chiquita Canyon channel through the high school has a tributary area large enough to be considered of regional significance by the Orange County Flood Control District (OCFCD).
6. Description of Chiquita Canyon High School from the original Marh 1996 EIR
CEQA STATEMENT OF FINDINGS AND FACTS CHIQUITA CANYON HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT page 1 [The March 1996 EIR was obtained through a Public Records Request] [EIR page 17 of 1,057] [page 1 of the EIR]:
"The proposed Chiquita Canyon High School is approximately 40 acres in size and is located at the southwest corner of the future intersection of Oso Parkway and the Foothill Transportation Corridor in Rancho Mission Viejo. The Chiquita High School site is centrally located between the future Las Flores Planned Community and the Coto de Caza Specific Plan area and northeast of the Ladera Planned Community development."
"The site will feature approximately 200,000 square feet and 85 teaching classrooms, with a permanent capacity for approximately 2,200 students. The permanent capacity of 2,200 students is the total number of students which can be accommodated in the permanent school buildings. However, the design capacity for the proposed project is approximately 3,100 students. The design capacity includes placement of portable classrooms (approximately 30 classrooms in total with 30 students each classroom). The design capacity allows for fluctuations in student population. The portable classrooms would be placed within the project site in areas identified as physical education turf fields."
"The academic building will house classrooms, a library/media center and administration offices. A second building will provide technology and science classrooms and a third building will include a gymnasium which will seat 2,500. The proposed high school will also include a theater, a student commons and food services. Additionally, a pool, a stadium accommodating 4,000 persons, and (baseball diamonds and turf) fields and tennis courts will be provided. Associated parking for buses, staff and students is also proposed, for a total of 800 parking stalls."
7. The High School as actually built.
The high school; as built, sits on four parcels of land; Parcels Nos. 125-096-59, 125-096-60, 125-096-69 and 125-096-82.
8. In March 1997, San Juan Partnership No. I sold two parcels of land to the Capistrano Unified School District to build Chiquita Canyon High School, aka Tesoro High School.
Instrument No: 19970143928 was a Grant Deed recorded on March 31, 1997:
Legal Description: "That portion of Parcel 3 of Certificate of Compliance CC95-01 in the Unincorporated Territory of the County of Orange, State of California recorded March 21, 1995 as Instrument No 95-0112516"
The Capistrano Unified School District paid $4.85 million for a total of [75.1539 acres]
Parcel 125-096-69 Lot for Main Campus: [65.19 acres], plus
Parcel 125-096-82 Lot for Road and Utility Purpose: [4.8519 acres], plus
Parcel 125-096-82 Lot for Slope Drainage [5.112 acres]
On 5/13/1997 CUSD paid $2.6 million through Fund 13 which at that time was the State School Building Fund
On 5/21/1997 CUSD paid $2.25 million from CFD 90-1
9. In May 1999; due to environmental restrictions, CUSD had to alter the design of Tesoro High School. The school was flipped, and CUSD was forced to purchase two additional parcels of land in order to build sports fields.
On July 1, 1999 DMB San Juan Investment North, LLC a successor-in-interest to San Juan Partnership No. I, LLC sold for valuable consideration Parcel A (aka 125-096-59) and Parcel B (aka 125-096-60) to the Capistrano Unified School District.
Instrument No: 20000330046 was a Grant Deed recorded on June 23, 2000.
Legal Description for the Additional Area Tesoro High School: "That portion of Parcel 3 of Certificate of Compliance CC95-01 in the Unincorporated Territory of the County of Orange, State of California recorded March 21, 1995 as Instrument No 95-0112516".
The Capistrano Unified School District paid $1.944 million to San Juan Partnership No I, LLC.
Sports Field Parcel A aka Parcel #125-096-59 [2.439 acres]
Sports Field Parcel B aka Parcel #125-096-60 [7.576 acres]
On 7/31/1999 CUSD paid $1.94 million from CFD 98-2
10. The school was completely flipped from its original design invalidating all enviornmental review because the Capistrano Unified School District was sold Habitat Conservation Land and land upon which the Rancho Santa Margarita Water District had an easement for Hydrolic pipes and velocity controls because the school sits on a major streambed (L06 Chiquita Canada Channel) in a FEMA Flooplain. A majority of the land sold to the Capistrano Unified School District was not usable for a school site. As such the Capistrano Unified School District was forced to purchase two additional parcels of land in order to build ball fields for the high school.
11. In addition to a Toll Road being constructed 800' closer to the school than the original alignment of SR-241, a new NEPA would require the study to include the following factors that relate to the health and safety to Tesoro Staff and Students:
1. The Toll Road as built will be on Tesoro High School's property line with no set back and no protective barriers.
2. Tesoro High School has one entrance in and out.
3. There is wildlife fencing from Oso Parkway to Cow Camp Road that is 8 feet high with outriggers. On fill slopes and on cut slopes where the fence is 2 feet or more from the toe of the slope the fencing is 10 feet high with outriggers. If ther was a fire, or other emergency - these students are fenced in just like the wildlife and there is only one way out of the school... Oso Parkway.
4. The elimination of busing and the lack of adequate parking means there are idling cars on Tesoro Creek Road for hours on end.
5. There is a wildlife movement crossing that is designed to funnel large animals such as mountain lions, bob cats and deer directly into the Tesoro High School to access drinking water.
6. None of the Basins have fencing around them.
7. The Santa Margarita Water District has an easement through the middle of Tesoro High School in order to control storm water flows through the site.
8. The water that is being discharged into L06 Canada Chiquita Channel which flows directly into San Juan Creek is known to have the following pollutants in the water- Dichlorodiphenyldichloroethylene (DDE) a chemical compound from DDT, as well as Phosphorous, Selenium, Total Nitrogen and Toxicity.
9. The soils in this area are prone to Liquefaction and Slippage. Could the vibration resulting from truck climbing lanes less than 100 feet from a school cause the soil to liquify and the school to sink?
In a recent Kitchell School Facilities Report it stated:
Key Concerns for this school include soil movement, the roofs are in poor condition, and many of the concrete roof tiles are damaged, cracked or missing. Additionally, it should be noted that a significant amount of cracking was observed in the exterior walls, and that poor soil conditions may be an issue.
COMMENTS FROM THE ORIGINAL CHIQUITA CANYON EIR