Agenda Item AGENDA STAFF REPORT ASR Control 25-000198
MEETING DATE:	03/25/25
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	County Counsel (Approved)
Department contact person(s):	Justin Kirk (714) 667-1627
	Bea Bea Jiménez (714) 667-8852

Subject: Approve Implementation Agreement with Rancho Mission Viejo for Subarea C Complex

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:

# 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: 11/8/2004 #1

RECOMMENDED ACTION(S):

Approve the Implementation Agreement with RMV PA3 Development, LLC and DMB San Juan Investment North, LLC that will provide for the construction and interim maintenance of the Subarea C Complex Basin, and authorize Director of OC Public Works or designee to execute Certificate of Acceptance for Irrevocable Offer of Dedication for Subarea C Complex Basin in accordance with the terms of the Settlement Agreement.

Authorize Director of OC Public Works or designee to accept and record Grant Deed for Subarea C Complex Basin once certain conditions precedent identified in the Implementation Agreement are satisfied.

Authorize Director of OC Public Works or designee to accept transfer of additional parcel from DMB San Juan Investment North, LLC for storage yard purposes following recordation of the Grant Deed for the Subarea C Complex Basin, in accordance with the terms of the Implementation Agreement.

SUMMARY:

Approval of Implementation Agreement for Subarea C Complex Basin will effectuate County acceptance of an irrevocable offer of dedication for the Subarea C Complex Basin and additional parcel for storage yard purposes, and will designate maintenance responsibilities, and provide funding for such maintenance.

BACKGROUND INFORMATION:

The Subarea C Complex Basin (C Basin) 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 (FEIR) 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).

As part of the development of Planning Area 3, a complex stormwater basin is planned and under construction, intended to serve the surrounding planned portions of the RPPC and to minimize or eliminate the impacts from that additional development on the downstream waterways. The C Basin will ultimately serve as a supplement to the County’s existing water and flood infrastructure in unincorporated south Orange County and will be adjacent to another water basin that will be owned and operated by the Santa Margarita Water District.

The proposed Implementation Agreement will set forth the responsibilities of the County and of RMV PA3, LLC, DMB San Juan Investment North, LLC (Developers), with respect to the development of the C Basin, the funding of its long-term maintenance and operation, the maintenance of the C Basin prior to its acceptance by the County, and the transfer of a separate parcel to the County to be used for public works storage yard purposes at no cost to the County. Construction of the C Basin is required to comply with County standards and will be subject to County inspections and review prior to acceptance by the County. Developers have agreed to provide a $1,000,000 trust fund to the County to be used for the long-term operations and maintenance of the C Basin.

OC Public Works is recommending the Board approve the Implementation Agreement for the C Basin with Developers, to define the responsibilities of the parties with respect to construction and maintenance of the C Basin prior to acceptance by the County, and to define funding responsibilities for the long-term maintenance and operation of the C Basin once it is accepted into the County’s infrastructure system.

Compliance with CEQA: The project is a necessarily included element of the projects considered in FEIR No. 589 (RPPC General Plan Amendment/Zoning Change/Development Agreement), which was certified by the Board on November 8, 2004, as well as the following addenda: Addendum 1.0 to FEIR No. 589, approved on July 26, 2006, by the PC (PA06-0023); Addendum 1.1 to FEIR No. 589, approved on February 24, 2011, by the Interim Director of OC Public Works (PA11-0003 through PA110006); Planning Area 2 Addendum to FEIR No. 589, approved on March 27, 2013, by the PC (PA130001 through PA130004 and PA130006); and Addendum 3.1 to FEIR 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 FEIR No. 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:

The Implementation Agreement includes on obligation for RMV PA3 Development, LLC and DMB San Juan Investments, LLC to provide $1,000,000, to be placed into a trust account to fund the long-term annual maintenance and operations of the Subarea C Complex Basin once it is accepted by the County. The construction costs may be funded from bond proceeds for Communities Facilities District 2025-1. Repayment of the bond proceeds will be paid by the special taxes levied within the Communities Facilities District.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A – Implementation Agreement
Attachment B - Location Map