Agenda Item
ASR
Control 24-000886 |
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MEETING
DATE: |
01/28/25 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
5 |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Justin
Kirk (714) 667-1627 |
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Bea
Bea Jimιnez (714) 667-8852 |
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Subject: Approve Final Tract Map 19227 and
Cow Camp Road 2C-1 Maintenance Agreement
ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement(s) and Resolution(s) |
Consent
Calendar |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 7/14/2020 #7, 10/31/2017 #21,
11/8/2004 #1 |
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RECOMMENDED
ACTION(S):
1. |
Approve Final Tract Map 19227 pursuant
to Section 66436(a)(3) of the Subdivision Map Act. |
2. |
Approve the Subdivision Improvement
Agreement with RMV PA3 Development, LLC and DMB San Juan Investment North and
RMV San Juan Watershed, LLC and Amendment 1 to Subdivision Improvement
Agreement S24-011016 reducing bond required for public storm drain improvement
pursuant to Board Resolution 96-455, and accept bonds guaranteeing
construction of improvements. |
3. |
Accept the dedication for public street
and public utility purposes of Gibby Road. |
4. |
Accept the vehicular access rights to
Cow Camp Road and Gibby Road as released and relinquished, except for
approved access locations. |
5. |
Accept the dedication of easements for
storm drain and access purposes as shown on Final Tract Map 19227. |
6. |
Accept the dedication of easements for
grading and access purposes as shown on Final Tract Map 19227. |
7. |
Accept the dedication of easements for
drainage and access purposes as shown on Final Tract Map 19227. |
8. |
Approve Interim Maintenance Agreement with
RMV PA3 Development, LLC for Cow Camp Road Segment 2C-1, effective upon Board
of Supervisors approval, and continue for a period of twenty years or until
such time as the County of Orange accepts the Cow Camp Road Segment 2C-1
Improvements into the County Road System.
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SUMMARY:
Approval of Final Tract Map 19227,
the Subdivision Improvement Agreement and amendment and actions related to
dedication of easements and vehicular access rights will provide for public and
private streets, sewer, water, recycled water, public and private storm drain
and monumentation for Tract 19227 of the Ranch Plan Planned Community; and
approval of the Interim Maintenance Agreement for Cow Camp Road Segment 2C-1
will define maintenance responsibilities prior to acceptance of Segment 2C-1
into the County Road System.
BACKGROUND
INFORMATION:
Final
Tract Map (FTM) 19227
The area depicted in FTM 19227 is located
in the southeastern portion of unincorporated Orange County, east of
Gobernadora Canyon, north of Ortega Highway, within Planning Area 3, in the
western portion of Subarea 3.14 of the Ranch Plan Planned Community (RPPC).
On November 8, 2004, the Board of
Supervisors (Board) approved a General Plan Amendment (Resolution No. 04-291);
Zone Change (Resolution No. 04-292 and Ordinance No. 04-014); Development
Agreement (Resolution No. 04-293 and Ordinance No. 04-015); and adopted
Resolution No. 04-290, certifying Final Environmental Impact Report (EIR) No.
589 as complete, adequate and in full compliance with the requirements of CEQA
for the entire 22,815-acre area of the RPPC.
Subsequent settlement agreements regarding
regional transportation impacts associated with implementation of the RPPC and
the appropriate/desired scope of biological resource protection to be
implemented within the boundaries of the RPPC were finalized in August 2005.
The Master Area Plans and Subarea Plans
for Planning Areas 3 and 4, were originally approved on February 25, 2015, by
the Planning Commission (PC) (PA140072 - PA140081) and revised administratively
on May 22, 2017, (PA150047). On September 11, 2019, the PC approved amendments
and revisions to the Master Area Plans and Subarea Plans for Planning Areas 3
and 4 (PA180030) that reflect plans to develop Planning Area 3 in smaller
phases, including Subarea 3.14. Additional administrative revisions to the
Master Area Plan and Subarea Plans for Planning Areas 3 and 4 were approved in
October 2022 (PA22-0067), and again in October 2024 (PA24-0104). On December 6,
2023, the Orange County Subdivision Committee approved Vesting Tentative Tract
Map (VTTM) 19227 for Subarea 3.14. FTM 19227 represents development plans for
Subarea 3.14, as proposed by the owner/subdivider of the project, RMV PA3
Development, LLC (Subdivider). FTM 19227, as attached hereto as Attachment V,
is in substantial compliance with the approved VTTM 19227.
The Subdivider is requesting a 50 percent
reduction to the bond amounts for Improvement Plans STP22-0021. Pursuant to
Board Resolution No. 96-455, the bonds otherwise required by the Subdivision
Code can be reduced by up to 50 percent, upon request by the Subdivider, where
appropriate conditions are met (see Attachment X). Subdivider has requested
such a reduction here, and meets the conditions identified in Board Resolution
No. 96-455 to be eligible for a bond reduction, with the improvements identified
in Improvement Plans STP22-0021 more than 70 percent completed.
FTM 19227 provides for the development of
25 numbered lots for Urban Activity Center use, agriculture and other existing
uses, storm water and water quality basins, as well as 31 lettered lots for
private access roads and open space slopes.
The County of Orange (County) Surveyor has
reviewed proposed FTM 19227 and has determined that it complies with all
conditions of approval and conforms to all applicable codes and regulations.
The County acceptance of the dedication of
the easements shown on FTM 19227 provides for storm drain, grading, drainage
and access purposes for public health, welfare and safety.
Interim
Maintenance Agreement MA-080-25010767 (Maintenance Agreement)
Cow Camp Road (CCR) is an arterial highway
located in the unincorporated portion of Orange County and within the project
area boundaries of the RPPC. The construction of CCR began in 2013 with the
development of Segment 1, from Antonio Parkway extending easterly to a point
just east of the planned intersection with Los Patrones Parkway.
On October 31, 2017, the Board approved
Construction Agreement MA-080-17012088 (Construction Agreement) with Subdivider
for the construction of CCR Segment 2, from the terminus of Segment 1 extending
easterly ultimately culminating at and connecting to Ortega Highway (SR-74).
The Construction Agreement has been amended and extended several times to allow
construction of CCR to proceed in multiple segments as the Ranch Plan development
proceeds. CCR Segment 2C-1 was identified in Amendment No. 1 to the
Construction Agreement, which was approved by the Board on July 14, 2020, and
is currently under development.
Subdivider is currently constructing CCR
Segment 2C-1, but anticipates that it may take up to two years to complete. CCR
Segment 2C-1 will serve as a public right-of-way connection between Horton Way
and Coyotes within Planning Area 3 of the RPPC, in addition to providing
vehicular and pedestrian circulation, utility services and access to Tracts
17933 and 19227.
OC Public Works is recommending the Board
approve the Maintenance Agreement with the Subdivider for CCR Segment 2C-1, to
define maintenance responsibilities prior to its acceptance into the County
Road System.
Compliance
with CEQA: The
project is a necessarily included element of the projects considered in Final
EIR No. 584 (Southern Subregion Natural Community Conservation Plan/Master
Streambed Alteration Agreement/Habitat Conservation Plan) and Final EIR No. 589
(RPPC General Plan Amendment/Zoning Change/Development Agreement), which was
certified by the Board on November 8, 2004, and October 24, 2006, respectively,
together with the following addenda: Addendum 1.0 to Final EIR No. 589,
approved on July 26, 2006, by the PC (PA06-0023); Addendum 1.1 to Final EIR No.
589, approved on February 24, 2011, by the Interim Director of OC Public Works
(PA11-0003 through PA110006); Planning Area 2 Addendum to Final EIR No. 589,
approved on March 27, 2013, by the PC (PA130001 through PA130004 and PA130006);
and Addendum 3.1 to Final EIR No. 589, approved February 25, 2015, by the PC
(PA140072-81). These documents 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
that was not known or could not have been known when Final EIR Nos. 584 and
589, Addendum 1.0, Addendum 1.1, Planning Area 2 Addendum and Addendum 3.1 were
certified and approved; therefore, no further environmental review is required.
FINANCIAL
IMPACT:
There is no financial impact
associated with the Recommended Actions of this Agenda Staff Report. The
Maintenance Agreement dictates that the developer is responsible for all
development costs and maintenance obligations until the segment is completed
and accepted in to the County Road System.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Agreement S24-011016
Attachment B - Amendment No. 1 to Agreement S24-011016
Attachment C - Interim Maintenance Agreement MA-080-25010767
Attachment D - Faithful Performance Bonds for Private Storm Drain Improvements
STP22-0021 and STP23-0008
Attachment E - Faithful Performance Bond for Private Street and Private Street
Light Improvements STP23-0008
Attachment F - Faithful Performance Bonds for Public Storm Drain Improvements
STP22-0021, STP23-0007 and STP23-0008
Attachment G - Faithful Performance Bond for Public Street Improvements
STP23-0007
Attachment H - Faithful Performance Bond for Public Street and Public Street
Light Improvements STP23-0008
Attachment I - Faithful Performance Bond for Water Improvements
Attachment J - Faithful Performance Bond for Recycled Water
Attachment K - Faithful Performance Bond for Sewer Improvements
Attachment L - Labor and Materials Bonds for Private Storm Drain Improvements
STP22-0021 and STP23-0008
Attachment M - Labor and Materials Bond for Private Street and Private Street
Light Improvements STP23-0008
Attachment N - Labor and Materials Bonds for Public Storm Drain Improvements
STP22-0021, STP23-0007 and STP23-0008
Attachment O - Labor and Materials Bond for Public Street Improvements
STP23-0007
Attachment P - Labor and Materials Bonds for Public Street and Public Street
Light Improvements STP23-0008
Attachment Q - Labor and Materials Bond for Water Improvements
Attachment R - Labor and Materials Bond for Recycled Water
Attachment S Labor and Materials Bond for Sewer Improvements
Attachment T - Monumentation Bond
Attachment U - Location Map
Attachment V - Final Tract Map 19227
Attachment W - Section 66436(a)(3) of the Subdivision Map Act
Attachment X - Resolution No. 96-455