Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  23-000820

 

MEETING DATE:

01/09/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

3

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Justin Kirk (714) 667-1627 

 

 

Cindy Salazar (714) 667-8870

 

 

Subject:  Approve Final Tract Map 17341

 

     ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:  N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:           

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:    N/A

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         9/12/2017 #38, 12/13/2016 #63

 

RECOMMENDED ACTION(S):

 

 

1.

Approve Final Tract Map 17341 pursuant to Section 66436(a)(3)(A) of the Subdivision Map Act.

 

2.

Approve the Subdivision Improvement Agreement with KLLB AIV, LLC, a Delaware Limited Liability Company and Lennar Homes of California, LLC, a California Limited Liability Company, and accept bonds guaranteeing construction of improvements.

 

3.

Accept dedication of an easement for emergency vehicular access purposes over Lot A and Lot O as shown on Final Tract Map 17341.

 

4.

Do not accept at this time the irrevocable offer of dedication of an easement over Lots B and C for open space, fuel modification and trail purposes.

 

5.

Do not accept at this time the irrevocable offer of dedication of an easement over Lots G and Q for open space conservation purposes.

 

6.

Do not accept at this time the irrevocable offer of dedication of an easement over Lot J for open space conservation and fuel modification purposes.

 

7.

Do not accept at this time the irrevocable offer of dedication of an easement over Lots K and L for open space conservation and trail purposes.

 

8.

Do not accept at this time the irrevocable offer of dedication of an easement over Lots M, N, P, R, S and T for open space and fuel modification purposes.

 

 

 

 

SUMMARY:

 

Approval of Final Tract Map 17341, the Subdivision Improvement Agreement and actions related to vehicular access rights will provide monumentation for Tract 17341, located in an area annexed into the City of Yorba Linda.

 

 

 

BACKGROUND INFORMATION:

 

The area depicted in Final Tract Map (FTM) 17341 is generally located north of Via del Agua/Stonehaven Drive, west of San Antonio Road and south of Casino Ridge Road in the City of Yorba Linda (City).

 

On December 13, 2016, the Board of Supervisors (Board) approved the Cielo Vista Project (Project), which included Zone Change (Ordinance No. 16-025); Area Plan (Resolution No. 16-125); and adopted Resolution No. 16-124 certifying Final Environmental Impact Report (Final EIR) No. 615 as complete, adequate and in full compliance with the requirements of CEQA.

 

Ordinance No. 16-025 adopted an alternative procedure for the approval of the initial Vesting Tentative Tract Map (VTTM) for the Project. Under this alternative process, VTTM 17341 was to be reviewed by the Subdivision Committee (Committee), which would provide their recommendation to the Board. The Committee’s June 7, 2017, recommendation for approval with conditions was adopted by the Board on September 12, 2017, via Resolution No. 17-112.

 

The Project proposed 83 single-family lots to be served by a network of private streets with various other lots for open space conservation and fuel modification. Access to the site would be through developed areas of the City. The Project was originally proposed by North County BRS Project, LLC, but is now being developed under the ownership of Lennar Homes of California, LLC.

 

In October 2019, the property owners petitioned for annexation into the City, which the Orange County Local Agency Formation Commission subsequently approved. As part of the annexation process, the City and the County of Orange (County) entered into a Cooperative Agreement providing that the County would continue to be responsible for the review and approval of all subsequent development approvals for the implementation of the Project. Since that time, the County has continued to review various grading and site improvement plans, issue appropriate permits and conduct construction inspections. The Project site is currently being graded and streets and underground utilities are being installed. Once residences are completed and issued a Certificate of Use and Occupancy, all subsequent permitting will be the responsibility of the City.

 

In addition to the construction and improvement plans, the County has also approved a Substantial Conformance Tentative Tract Map that reduced the Project from 80 to 74 single-family lots and a Site Development Permit and Use Permit for a model homes sales complex. The Subdivision Improvement Agreement S23-090512 (Agreement) proposed for Board approval includes only the monumentation obligation and bond because the street improvement agreement and bond, which is otherwise required, has already been accepted in conjunction with the Project’s previously-issued street improvement permits

 

The County Surveyor has reviewed proposed FTM 17341 and has determined that it complies with all conditions of approval for the Substantial Conformance Tentative Tract Map and conforms to all applicable codes and regulations.

 

County acceptance of the dedication of the easement shown on FTM 17341 provides for public service vehicle access for purposes of public health, welfare and safety. Not accepting the proposed easements and dedications for preservation of open space areas, fuel modification and trails at this time will not terminate the irrevocable offers of dedication, but will allow the City to identify which of the proposed easements and dedications it ultimately wants to inherit from the County through the Agreement. Per the Agreement, the County will subsequently convey the open space areas, fuel modification and trails to the City.

 

Compliance with CEQA: The Project is a necessarily included element of the Projects considered in Final EIR No. 615, certified by the Board on December 13, 2016, which adequately addressed the effects of the proposed Project. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken, and no new information of substantial importance to the Project, which was not known or could not have been known when Final EIR No. 615 was certified and the Mitigation Monitoring and Reporting Program was adopted; therefore no further environmental review is required.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Subdivision Agreement S23-090512
Attachment B - Monumentation Bond
Attachment C - Cooperative Agreement between County and City of Yorba Linda
Attachment D - Ordinance No. 16-025 Alternative Map Approval Process
Attachment E - Resolution 17-112 Board approval of VTTM 17341
Attachment F - Location Map
Attachment G - Final Tract Map 17341
Attachment H - Section 66436(a)(3) of the Subdivision Map Act