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Updates and News
San Marcos denies the extnesion of the San Marcos Highlands
Over eighty people attended the Feb. 8th site meeting . County and City residents objected to the ....

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March 2007

The owner of the property of the former San Marcos Highlands continues to try to get necessary permits for the development map that previously died in 2005. We hope that the property can be purchased for open space and are currently working to get Council approval so that government agencies and community organizations and raise money for acquisition.

November 2005

The San Marcos City Council votes to deny the extension on the San Marcos Highlands.

2005

the Planning Commission voted to extend the time limit on the San Marcos Highlands over the objections of citizens. Previously the Planning Commission had denied the extension and had voted against the approval of the project in 2002.

San Marcos Highlands has failed to obtain permits and now must ask for an extension. Governmental agencies, including the EPA, US Fish and Wildlife, San Diego County DPLU, have repeatedly expressed concern over the Highland's design. The latest permit delay resulted when KB Homes included road and utility easements in its wetlands mitigation plan. Sadly the project still involves the filling in of over 5,000 liner feet of streambed and places homes and Las Posas Road in a sensitive wildlife corridor.

August 24, 2004 Hearing

Planning Commission voted 4 to 1 to deny extending the timeframe for the San Marcos Highlands. However, the City Council can override decisions by the Planning Commission. The San Marcos Highlands project (TSM 408) went before the City Council on Tuesday, August 24, 2004. The applicant received a one year extension. Council directed the developer to work with community residents to resolve issues on the project.

When the Planning Commission considered this project 3 years ago, they denied it. We hope the City Council will deny the project and encourage Mr. Kubba and KB Homes to develop the property in a more sensitive manner by not extending Las Posas Road and creating an adequate wildlife corridor through the property. By using the County's zoning for the portion of the site outside the City, the density would go from aprox. 150 homes as allowed by the City to aprox 30 homes. The less dense alternative allow the site to be more open, allowing for better wildlife movement. Unfortunately, the City of San Marcos, desires Las Posas Road at any cost. KB Homes has supplied the governmental agencies with an alternate alignment of Las Posas Road to Buena Creek. Although this alignment keeps the road out of the majority of the wetlands it takes the road through private property in Robinhood Ranch.

January 20, 2004

The developer of the San Marcos Highlands has spent the many years trying to obtain permits from governmental agencies. The project has serious environmental impacts which are making permitting difficult. We are waiting for the governmental agency's release of the analysis of the annexation.

Feb. 8, 2003

Over 80 people attended the Feb. 8th site meeting in the field behind the Farrell home. Representatives from LAFCO, KB Homes and property owner Farok Kubba attended. Many County and San Marcos residents voiced objections to the project and concerns about the City of San Marcos development policies. The meeting was recorded on video so that LAFCO would have a public record of the meeting.

Feburary 8, 2003

Over 80 people attended the Feb. 8th site meeting in the field behind the Farrell home. Representatives from LAFCO, KB Homes and property owner Farok Kubba attended. Many County and San Marcos residents voiced objections to the project and concerns about the City of San Marcos development policies. The meeting was recorded on video so that LAFCO would have a public record of the meeting.

FHC wishes to thank all the residents who provided tables, chairs, food, beverages, took photos and especially volunteer Michelle Warn who took video footage of the over three hour meeting. A special thanks to all those who helped to inform local residents of the meeting.
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Before the City of San Marcos can go forward with the proposed Highlands project, it must get approval from LAFCO (Local Agency Formation Commission) to annex the property.


1. It is 5-7 times the current number of homes allowed under county rules - The County Planning Dept. opposes the project as designed as do the EPA, CA Dept. Fish & Game, US Fish and Wildlife, and Twin Oaks Planning Group.

2. It extends Las Posas Road to the tip of Robinhood Ranch. The City wants Las Posas Road to be a regional arterial intended to divert traffic from I-15 via Deer Springs, Buena Creek Road and down Las Posas Road:14,700+ cars per day through Santa Fe Hills and rural neighborhoods to the north.

3. It is located in the heart of the remaining open space buffer between rural Twin Oaks Valley and suburban San Marcos - it significantly alters community character and cuts off wildlife

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December 30, 2002

The EPA along with County Department of Planning and Land Use and the Vista Fire Protection District officially oppose annexation of the San Marcos Highlands to the City of San Marcos. Excessive density, concerns over water quality, incompatibility with community character, conflict with habitat plans and conflict with the County's General Plan were cited as reasons against annexation.

Vista Fire Protection District, concerned the project lacked adequate design standards to address human safety, listed excessive response times and inadequate egress from the project site as reasons for opposition. The San Marcos City Council, serving as the San Marcos Fire Protection District fire board, approved the project in 2002 over objections from the community, Federal, State and local agencies.

October 14, 2002

Robert Smith of the Army Corps of Engineers has advised me that the Corps will issue a permit to Kaufman & Broad (K&B) to extend Las Posas Road . across Agua Hedionda Creek to the northern K&B property line. The permit will probably be issued by Friday Oct. 18th. Friends of Hedionda Creek has requested to review all data connected with the Corps' decision. We can expect to see bulldozers in the Agua Hedionda Creek Valley soon after the permit is issued.

The extension of Las Posas across Agua Hedionda Creek, although not needed for existing Santa Fe Hills development, will allow for the San Marcos Highlands (230 dwelling units) and the Murai (aprox. 89 dwelling units) to move forward. Although no application has been submitted to the City for the Murai project we know developer's representatives have had at least one meeting with Army Corps officials regarding possible permits needed to proceed with development. Development will generate revenues to pay for the final extension of Las Posas to Buena Creek. As previously documented by the City of San Marcos, the projected traffic for Las Posas Road will be in excess of 14,000 vehicle trips per day.

We are very concerned at the road's location through a sensitive habitat area along an existing wildlife corridor. In addition, we worry about the impact this traffic will have on the quality of life of the residents of Santa Fe Hills, rural Robinhood Ranch and all of the Twin Oaks area. Finally, we worry for the safety of children within the Santa Fe Hills community who presently walk along Las Posas Road to get to thier local school.

I hope you will take an hour or two tomorrow evening to walk along the creek and explore the hillsides. If you want change you must vote for it. You must legally fight for it. You decide the future of your community. It is not too late! Take Action!

Please send a quick message to the people listed under "what you can do". Tell them you are opposed to the extension of Las Posas Road, the destruction of Agua Hedionda Creek, and the loss of quality of life within your community the Las Posas Road extension will cause.

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July 9, 2002

Although over thirty people spoke against the San Marcos Highlands at the July 9th hearing, the City Council approved the project. The vote was unanimous. Clearly it is time for change at the City Council level in San Marcos!

Both City residents and County residents believe their best chance for preservation of what's left of San Marcos' environmental and visual resources is a full replacement of the City Council.

Three members of the Council are up for reelection this fall. Friends of Hedionda Creek urges City residents to run for office. We hope to give the City of San Marcos back to the residents and taxpayers.

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June 3, 2002

The Planning Commission voted to deny this project for very good reasons. Commissioners Cindy Wedge and Edward Burns were the most vocal opponents of the project. Burns said the city was neglecting being a "good neighbor" and would never approve a similar project in its own boundaries.


Wedge said rural communities near the city needed to be protected and said she worried that having mule deer cross Las Posas Road would endanger the animals and drivers.

Contact us if you would like to be on our e-mail update list.

Select to see recent article in North County Times located at the end of this section

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May 1, 2002

Regarding the permit application submitted to Army Corps of Engineers for the extension of Las Posas Road across Agua Hedionda Creek:

Recently, the applicant hired a political action firm known as the Planning Associates to help get the Las Posas Road extension by applying pressure to state and local politicians. In addition, they hired a new consultant who claims the wetland impacts will be less then shown on previous studies. Friends of Hedionda Creek believes that because the new study is based upon data gathered during a "drought" year that the results are skewed in the applicant's favor.

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November 14, 2001

San Marcos released the Draft Supplemental Environmental Impact report for the San Marcos Highlands. Public review ends 12/30/01. In this DSEIR the City claims that this project will have no significant impact. The removal of 23 acres originally dedicated for open space from the project changes the project to 230 homes on 202.9 acres with a net gross density of 3.8 dwelling units per acre.

Since the majority of the land is in the County, the City will have to annex the land before proceeding with the project. San Diego County Department of Building and Land Use is not in favor of the San Marcos Highlands stating that due to environmental factors the density should be 1 dwelling unit per acre.

Several groups responded in opposition to the project stating that the San Marcos Highlands will significantly impact the area.

Please review the aerial photos under maps and photos and tell us if you think this project will have no significant impact.

1. Army Corps is processing a permit application to allow the extension of Las Posas across Hedionda Creek. They gave the applicant several additional extensions to produce an EIR for the entire Las Posas Road alignment. In addition, the Corps has determined that the applicant must either mitigate on site or at least along Hedionda Creek.

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May 27, 2001

Alan Schuler, Director of Engineering for the City of San Marcos writes a letter to Army Corps stating the City's perceived need for the extension of Las Posas road to Buena Creek road. Please contact us if you would like a copy of this document e-mailed to you.

The extension of Las Posas is the first phase that will lead to more development and the eventual extension of Las Posas to Buena Creek.

Friends of Hedionda Creek urge you to contact the following people and let them know your concerns. Ask that a Public Hearing be held to address this issue. You can download a sample letter to send to the City of San Marcos. In addition, please fax a copy to Army Corps and E-mail copies to the members of San Marcos City Council.

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Twin Oaks residents praise planners' decision

Katherine Marks

Staff Writer

SAN MARCOS ---- Twin Oaks residents said Tuesday they were relieved that the city's Planning Commission found some of the same problems they did with a proposed 230-home development off Las Posas Road.

The San Marcos Planning Commission late Monday night voted 5-2 to deny the 230-home project called San Marcos Highlands, citing concerns with its proximity to the rural Twin Oaks area and the effect development would have on the area's wildlife.

The development is not dead: the plan will automatically go to the City Council for review, Planning Division Director Jerry Backoff said Tuesday.

Sandra Farrell, a member of a group called Friends of Hedionda Creek, which has fought the project for several years, said Tuesday she was pleased the Planning Commission paid attention to Twin Oaks residents who live in the unincorporated area north of San Marcos.

Two-thirds of the 203-acre property slated to become San Marcos Highlands, is in Twin Oaks, and developers want that land annexed to San Marcos if the project is approved.

"They really seemed to respect the neighboring community," Farrell said of the commission.

Among Farrell's concerns with San Marcos Highlands was the impact the development would have on the environment. The land surrounds the headwaters of Hedionda Creek and is home to mule deer and other wildlife.

The land should be developed with fewer homes, each on two- to four-acre lots, she said. "This land can be developed responsibly," Farrell said. "It will take a fresh look. There are other solutions out there I don't think we've tried."

Twin Oaks resident Rob Peterson said he saw the development as an example of urban sprawl at its most offensive. "You wonder how they could be foisting another 200 houses in the area when the infrastructure isn't there," Peterson said Tuesday.

Developers, however, say the project will benefit the city. John Nabors, a land-use consultant for San Marcos Highlands, said Tuesday that two-thirds of the property would be undeveloped and that the undeveloped land would surround the homes and provide a buffer for Twin Oaks residents to the north. As further proof of the project's merits, he said the commission has already approved the project once ---- more than a decade ago. The approval expired and the project was brought back to the commission with about 40 fewer homes and other changes.

Nabors also said the development would provide modestly priced housing for the community. San Marcos Highlands homes would start in the high $200,000s, he said. Residents who are asking for homes to be on larger yards are ignoring the fact that not everyone can afford to live in large homes on several acres, he said. "Most of the people who were objecting lived in estate housing that most people can't afford," Nabors said, referring to residents of nearby Robinhood Ranch, a community where homes are on five to 15 acres and many homeowners have horses. On Monday, Nabors told the commission that San Marcos Highlands would fit well in the neighborhood near Palomar College. The project is proposed at the north end of Las Posas Road just north of Santa Fe Hills.

The commission's decision on Monday was not made lightly. After a hearing that lasted more than three hours, commissioners visibly struggled over whether to approve the controversial project, even changing their votes. Commissioners Cindy Wedge and Edward Burns, an alternate commissioner filling in for Jim Hernandez, were the most vocal opponents of the project. Burns said the city was neglecting being a "good neighbor" and would never approve a similar project in its own boundaries. Wedge said rural communities near the city needed to be protected and said she worried that having mule deer cross Las Posas Road would endanger the animals and drivers. On the other hand, Commissioner Leonard Clancy said the revised project was improved because the park was increased from one to three acres and the open space would provide a buffer for Twin Oaks.

In all, four separate votes were made on the project Monday night. The first, a motion to approve the project, failed to pass 4-3 with commissioners Burns, Wedge, Hector Decena and Dean Nelson voting against approval and Commissioners Clancy, Jim Chinn and Michael Sannella voting for approval. The next vote to continue the project to allow the developer to make changes also failed 4-3, with Decena, Chinn and Sannella requesting a continuance. A subsequent vote to deny the project also failed 4-3, with Wedge, Burns and Nelson voting for denial. With the project in limbo, the commission voted again to deny the project. The motion passed 5-2 with Sannella and Decena dissenting. Decena had expressed reservations about the project and said he wanted it revised to include fewer homes.

Contact staff writer Katherine Marks at (760) 761-4411 or [email protected]. 6/5/02

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County planners oppose SM Highlands project

Dan Weisman

Staff Writer

TWIN OAKS ---- County planners have told San Marcos officials that they oppose a proposed 230-home San Marcos Highlands development that requires annexation of about 120 unincorporated acres into San Marcos.

On Thursday, San Marcos City Manager Rick Gittings said the opposition was no surprise and that project planning would continue on a timetable aiming to meet the developer's goal of breaking ground sometime late next year.

Perhaps the longest ongoing development issue in Twin Oaks and San Marcos, the San Marcos Highlands project has undergone extensive government reviews and challenges from nearby residents, environmentalists and county planners almost immediately since Orange County developer Farouk Kubba started seeking to develop the property in the early 1980s.

About 60 percent of San Marcos Highland's 203.5 acres sits on unincorporated county land in the city's sphere of influence. The remainder of the property, which is just north of Las Posas Road, is inside city limits.

In a letter dated April 2 and sent to Jerry Backoff, director of the San Marcos planning division, Gary Pryor, director of the San Diego County Department of Planning and Land Use, said: "The County of San Diego cannot support the proposed annexation of these lands to the city of San Marcos."

Pryor said the proposed San Marcos Highlands project required annexation of county land that would need a county review of its conformance with current and proposed General Plan 2020 densities.

"The General Plan 2020 process proposes a density of one dwelling per 10 acres for this area due to the rugged terrain and biological sensitivity," Pryor said. "The proposed project far exceeds this density."

Gil Jemmott, chairman of the Twin Oaks Community Sponsor Group, said the county position combined with a letter from the Local Agency Formation Commission does not bode well for the development project.

The sponsor group advises county supervisors on land-use issues for the estimated 2,200 people in the rural Twin Oaks area bounded by Escondido, Vista, and San Marcos.

The March 21 letter, from Local Agency Formation Commission Executive Director Michael Ott, noted that state law requires city and county officials to agree on annexation before LAFCO gives the project final approval.

In the letter Ott said a new provision of state law "requires LAFCO to consider the consistency of annexation proposals with city or county general plans, comments from affected agencies and property owners, population density and land use, natural boundaries, drainage, etc."

"If it were my project, I would be very concerned because the odds of it being approved over county objections would be very low," Jemmott said. "My guess is it's going to be a very serious uphill battle to get that annexation approved as it stands. It becomes very unlikely."

Gittings said county opposition "won't change the city's perspective."

"Obviously, we will work through the issues," Gittings said. "It's still moving along. I'm sure Farouk will be disappointed by this, but I don't think it's a big surprise to us."

Latest plans for the development call for lots between 2,000 and 3,800 square feet containing houses with three bedrooms and up, selling for $280,000 to $500,000, Kubba said.

Kubba said he anticipated San Marcos officials considering the project sometime this spring followed by forwarding of city approval to county supervisors for their approval.

Other permits are needed from the U.S. Army Corps of Engineers, the state Department of Fish and Game and the U.S. Fish and Wildlife Service.

Environmentalists have opposed the project based on its disruption of natural wetlands and coastal shrub habitat that nurtured, among other threatened species, small birds such as the coastal California gnatcatcher and least Bell's vireo.

If supervisors approve the project, and go-aheads from various agencies are granted, the project still would have to be approved by the Local Agency Formation Commission.

Contact staff writer Dan Weisman at (760) 761-4414 or [email protected].

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An Earlier Article

Dan Weisman

North County Times

Hello. I'm Hedionda Creek and I'm mad as hell.

For those who don't know me, I'm that little patch of beautiful coastal sage brush and riparian vegetation just north of Las Posas Road between San Marcos and Vista.

Yeah, I'm a pretty special habitat all right. I've got a whole bunch of sensitive flora and fauna. I've got a bunch of threatened species running around such as the California gnatcatcher and least Bell's vireo.

I'm what you call a "pinch point." That means a bunch of cool coyotes and deer and other fantastic wildlife has to pass through me to get anywhere from there. They're doomed if they can't.

That's right. And now I've got the "D" word in my face from all sides. D-velopment. This development. That development. I don't even know their names. Just a lot of them have me and my ponds all bottled up like a bonsai display or something at the bottom of the valley.

Don't get me wrong. I love people. I'm here for people actually. If I could I would invite all of you to visit me, spend some quality lifestyle time away from the hustle and bustle of big city suburban life.

But I can't. You see somebody from Costa Mesa owns a lot of me. And this giant national development company owns the rest of me. Unless some nature conservancy, or lucky lottery winner who is an environmentalist, spends about $5 million to buy me, these guys want to fill my hills with homes and get their money.

Not that I'm complaining ---- much. This is America and people own stuff; even environmentally sensitive headwaters for a beautiful creek such as me.

But hey, look me over. Beer cans. Water bottles, wood and paint chips. Tires. Truck tracks. Entire automobiles cut into large pieces.

I am so trashed, man, it's disgusting. What do I look like: Some kind of dumping grounds for disposable lifestyles and wasted dreams?

And that's not all. I'm sucking down polluted storm water from the residential hillsides and the city of San Marcos doesn't even seem to think there's a problem. They're the only city in the county to join a building industry lawsuit against paying for storm water cleanup in the county.

That just ain't right.

Look guys. I AM environmentally sensitive. That run-off hurts. The trash and pollution stinks.

I can't take it anymore. Give me a break already.

Here's what I want you to do. Write San Marcos Mayor F.H. "Corky" Smith. By Mail: City of San Marcos, 1 Civic Center Drive, San Marcos, CA 92069-2918; FAX: 760-591-4135; e-mail to [email protected].

Tell him what you think of the storm water stuff and the trash.

Write the Army Corps of Engineers since they need to issue a permit for the extension of Las Posas Road across me as sought by developers. Fax a copy of your letter to Army Corps of Engineers at (213) 452-4196. Contact Robert Revo Smith Jr. who is their environmental engineer at

(213) 452-3419 or e-mail to [email protected]

And if you really care, contact my Friends of Hedionda Creek by phone at (760) 727-0311 or e-mail to [email protected] for more information about how to save me and my friends in the flora and fauna.

So, signing off, for now, I'm Hedionda Creek ...

http://www.nctimes.net/news/2002/20020202/60635.html

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