|
DATE: |
December 10, 2025 |
03 |
SUBJECT
NOTICED PUBLIC HEARING:
Title
APPROVE ACQUISITION OF TWO CALTRANS PARCELS LOCATED IN THE OTAY COMMUNITY PLAN AREA FOR PUBLIC IMPROVEMENTS FOR OTAY BUSINESS PARK AND RELATED CEQA ADDENDUM (DISTRICT: 1)
Body
OVERVIEW
On June 25, 2025 (3), the Board of Supervisors (Board) directed the Clerk of the Board to give the required public notice and set a hearing for October 22, 2025, to consider the County’s purchase of two California Department of Transportation (Caltrans) parcels (collectively, Property), totaling approximately 0.82 acres. On October 22, 2025, the Board set a new hearing for December 10, 2025, due to the delay in receiving the necessary appraisal from Caltrans and directed the Clerk of the Board to give the notice of the December 10, 2025, hearing as required by law. On October 14, 2025, Caltrans provided the County with its appraisal, which determined that the market value of the Property is $356,000.
The County’s acquisition of the Caltrans parcels is necessary to allow for completion of Siempre Viva Road improvements, which are required for the Otay Business Park project. The Otay Business Park (Final Map No. 16562) is an approved subdivision of 121.9 acres into eleven (11) lots, including nine (9) commercial/industrial lots, one (1) public street lot, and one (1) sewer pump station. The Final Map was approved by the Director of Planning & Development Services on April 4, 2023. The County’s purchase enables the developer to construct the required road improvements on what is currently Caltrans-owned land. All Property acquisition and improvement costs will be fully paid by the developer. The purchase of the Property will be executed via an escrow between the County of San Diego, Department of General Services and Caltrans, with the cost of the acquisition and associated purchase fees deposited into escrow by the private developer. Without the acquisition, the required road improvements cannot be completed, potentially increasing traffic congestion in the area.
Today’s request is for the Board to authorize the Director, Department of General Services to purchase the Property from Caltrans for the appraised value of $356,000 and to adopt a resolution declaring that the Property will be used for public purposes for 15 years.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1. Find that the proposed acquisition of Caltrans’ property known as known as DD 30305-01-01 and DD 30306-01-02 would not result in changes to the project or in the circumstances under which the project is undertaken that involve significant new environmental impacts which were not considered in the previously certified Final Supplemental Environmental Impact Report (FSEIR) dated November 4, 2011, as well as the Addendum dated April 4, 2025, for the PDS2023-ER-93-19-006ZZZH, that there is no substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the SEIR was certified as explained in the Environmental Review Update Checklist dated October 22, 2025 (Attachment D).
2. Authorize the Director, Department of General Services, or designee, to execute all documents, including the purchase and sale agreement and all escrow related documents necessary to complete the purchase of Caltrans parcels DD 30305-01-01 and DD 30306-01-02 totaling approximately 0.82 acres for the appraised value of $356,000.
3. Adopt a Resolution entitled, RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DECLARING THAT THE LAND IDENTIFIED IN DIRECTOR’S DEEDS 30306-01-02 AND 30305-01-01 WILL BE USED FOR PUBLIC PURPOSES FOR FIFTEEN (15) YEARS.
EQUITY IMPACT STATEMENT
Planning & Development Services ensures that public improvements are constructed as part of new developments, such as roads and stormwater drainage systems. PDS ensures the completion of the public improvements through agreements and financial security, which helps ensure communities are safe.
SUSTAINABILITY IMPACT STATEMENT
Planning & Development Services is committed to promoting sustainable community growth by ensuring that essential public infrastructure, such as roads and stormwater drainage systems, are appropriately constructed in new developments. These improvements are essential for creating safe, resilient, and environmentally responsible developments. This purchase ensures that developments in the unincorporated communities are supported by sufficient and sustainable infrastructure.
FISCAL IMPACT
There is no fiscal impact associated with today’s action. If approved, acquisition costs, including the purchase price of the property, and staff costs to complete the transaction, will be paid by the developer. There will be no change in net General Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
The East Otay Mesa Specific Plan Area (Specific Plan) was originally approved by the Board of Supervisors (Board) on July 27, 1994 (2). The Plan is a regulatory document that establishes standards for development, environmental conservation, and public facilities to implement the objectives of the County of San Diego General Plan. Part of satisfying the objectives of the General Plan is for the County to ensure developers create improvements that will benefit the community where development is occurring. The Specific Plan was envisioned as a modern industrial and business center near the international border and was created as a major employment area for southern San Diego County. The most recent amendment to the Specific Plan was approved by the Board on March 17, 2021 (5).
Projects in the Specific Plan are required to construct all necessary roads to provide access to their site, ensuring the roads meet County standards and implement the Specific Plan. The Otay Business Park (Project) was approved by the Planning Commission on November 4, 2011. The Project required several improvements to off-site roads, including Siempre Viva Road. Siempre Viva Road is a planned four-lane major road in the County’s General Plan and Specific Plan. The developer of the Project is required to improve Siempre Viva Road from Enrico Fermi Drive to the existing Caltrans bridge located at the eastern boundary of the project site. Siempre Viva Road, once fully improved, will ultimately connect the City of San Diego to the new planned Otay Port of Entry into Mexico.
A portion of the off-site improvements to Siempre Viva Road that are required as part of the Project are located on property owned by the State of California Department of Transportation (Caltrans). Caltrans cannot sell its excess property directly to a private party, unless such private party is the owner of adjoining property and certain findings are met, without conducting a public auction or calling for competitive bids. However, Caltrans can sell directly to the County of San Diego (County) without calling for competitive bids. Caltrans is willing to enter into a Purchase and Sale Agreement to sell approximately 0.82 acres known as DD 30305-01-01 and DD 30306-01-02 (collectively, Property) at the appraised value of $356,000 to the County, which will allow the developer to complete the off-site improvements in accordance with the terms of the amended Joint Agreement to Improve Major Subdivision County of San Diego Tract No. 5505-1 (IA) (Attachment A). Under the IA, the developer will pay all costs incurred by the County in connection with the acquisition of the Property, including the full purchase price. The County will have until April 4, 2027 to acquire the property from Caltrans for the developer to complete the improvements to Siempre Viva Road, which are estimated at $8,371,100. Once the road improvements are completed, they will be accepted into the public road system and maintained by the County. If the acquisition of the property is not finalized within this timeframe outlined in the IA, the County could pull the developer bonds and construct the remaining road improvements as part of a public project.
As part of the sale process, Caltrans requires the County to agree to a 15-year deed restriction limiting the use of the Property to public purposes. Caltrans manual provides that “public purposes” means that the preponderant area of the property will be used substantially for government, as opposed to proprietary functions. The intended specific use of the property in question must be stated in the resolution adopted by the Board and submitted to the California Transportation Commission (CTC) for approval. Government uses include services that only the government can perform (e.g. animal control, public library, policing). As such, a public road would meet Caltrans’ and CTC’s public purpose requirement.
Today’s request is for the Board to consider entering a Purchase and Sale agreement with Caltrans to purchase the Property at the appraised value of $356,000 to facilitate the above-referenced developer-required improvements and to adopt a Resolution declaring that the Property will be used for public purposes for 15 years.
ENVIRONMENTAL STATEMENT
Find that the Final Supplementation Environmental Impact Report (FSEIR) dated November 2011 on file with the Department of Planning and Development Services (PDS) as Environmental Review Number Log No. PDS2006-3100-5505 was completed in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines and that the Board of Supervisors has reviewed and considered the information contained therein and Addendum thereto dated April 4, 2025 on file with PDS as Environmental Review Number PDS2022-ER-93-19-006ZZZC (Attachment D) before approving the project.
Find that there are no changes in the project or in the circumstances under which the project is undertaken that involve significant new environmental impacts which were not considered in the previously certified Final Supplemental Environmental Impact Report (FSEIR) dated November 2011, as well as the Addendum April 4, 2025 for the PDS2023-ER-93-19-006ZZZH, that there is no substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the SEIR was certified as explained in the Environmental Review Update Checklist dated October 22, 2025.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed actions support Sustainability, Community, and Equity Strategic Initiatives
of the County of San Diego’s 2025-2030 Strategic Plan. The project proposes to construct public improvements that help maintain fiscal stability and sustainable operations of the of the San Diego County Road network, focusing on providing a resilient infrastructure to underserved communities, providing quality roads that improve the quality of life for all residents.
Respectfully submitted,
DAHVIA LYNCH
Deputy Chief Administrative Officer
ATTACHMENT(S)
Note: Due to the size of the attachments, the documents are available online through the Clerk of the ’Board’s website at www.sandiegocounty.gov/content/sdc/cob/bosa.html. <http://www.sandiegocounty.gov/content/sdc/cob/bosa.html>
Attachment A - First Amendment to Agreement to Improve Major Subdivision
Attachment B - Agreement to Pay Acquisition Costs
Attachment C - Vicinity Map
Attachment D - Environmental Documentation
Attachment E- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DECLARING THAT THE LAND IDENTIFIED IN DIRECTOR’S DEEDS 30306-01-02 AND 30305-01-01 WILL BE USED FOR PUBLIC PURPOSES FOR FIFTEEN (15) YEARS