County approves final map for Malabar Ranch subdivision

The County of San Diego approved a final map, along with a joint agreement for private and public improvements, for a 105.2-acre subdivision currently owned by Malabar Ranch, LLC.

The Board of Supervisors vote December 7 approves the map for the subdivision on the southerly side of Via Monserate and the westerly side of La Canada Road. The 4-0 vote, with Supervisor Ron Roberts absent, also accepts on behalf of the public portions of Via Monserate and La Canada Road for use as streets, accepts access rights from 11 lots into and to Via Monserate and La Canada Road, and accepts drainage, access restriction, noise protection, height protection and clear space easements. The approval also authorized an agreement between the county and Malabar Ranch, LLC, for the acquisition of easements necessary for off-site improvements.

The subdivision consists of 34 single-family residential lots, three open space lots and two private street lots. The tentative map for the subdivision was approved in March 1993, and all conditions of the Resolution of Approval except for the off-site improvements have been satisfied. The map has also found to be technically correct and in compliance with state law and county ordinances.

The off-site improvement condition requires Malabar Ranch, LLC, to make improvements to Via Monserate. Malabar Ranch, LLC, has not been successful in acquiring the easements needed for those improvements, but the California Government Code states that a land use authority shall not refuse approval of a final subdivision map because the subdivider cannot obtain title to off-site easements required as a condition of the map. Board of Supervisors Policy J-33 allows the county to use its power of eminent domain to assist in the acquisition of off-site easements. The county will first engage in negotiations to purchase the easements, and if the county is not successful in the negotiations it may opt to acquire the property by eminent domain. If eminent domain is used, County Counsel may utilize special counsel, and prior to initiating the condemnation procedure county staff would return to the supervisors for authorization.

The developer would be responsible for the full cost of the eminent domain procedure. Malabar Ranch, LLC, has deposited checks to cover $15,000 of staff costs and $1,000 for the value of the interests in the real property to be acquired.

Water service will be provided by the Rainbow Municipal Water District, which has approved the plans for the development. Sewer service will be provided by individual on-site subsurface sewage disposal systems, so neither a sewer line system nor a sewer district is involved.

The project will create 1.0 miles of new private streets, 1.2 miles of public pathway and 0.60 miles of new public sidewalk. The estimated cost of those improvements is $584,100, and a Joint Faithful Performance Bond of $982,740 in favor of the county and the Rainbow Municipal Water District covers $584,100 for improvement of streets and drainage facilities, $384,600 for improvement of water facilities, and $14,040 for setting of final monuments. Malabar Ranch, LLC, has also placed a $491,370 Joint Labor and Material Bond with the Clerk of the Board of Supervisors to guarantee payment for labor and material involved in the construction of the improvements and has deposited a $5,000 check with the county’s Department of Public Works to guarantee that any damage to existing county road is repaired in a timely manner.