Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000886

 

MEETING DATE:

01/28/25

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Justin Kirk (714) 667-1627 

 

 

Bea Bea Jimιnez (714) 667-8852

 

 

Subject:  Approve Final Tract Map 19227 and Cow Camp Road 2C-1 Maintenance Agreement

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement(s) and Resolution(s)

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:         7/14/2020 #7, 10/31/2017 #21, 11/8/2004 #1

 

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. 

 

 

 

 

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