Agenda Item AGENDA STAFF REPORT ASR Control 23-000756
MEETING DATE:	10/31/23
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
	Richard Sanchez (714) 932-8687

Subject: Approve Completion of Improvements and Release of Security for Tract Map 17931

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Discussion

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: 12/8/2020 #7, 11/8/2004 #1

RECOMMENDED ACTION(S):

1.	Certify completion of streets, street lights, sewer, water, recycled water, storm drain and monumentation for Final Tract Map 17931.
2.	Accept, by Resolution, easements for public street purposes of Ranch Canyon, Saddle Way, Cherry Court, Martinez Road, Maverick Lane, Legado Road, Amanda Lane and Horton Way, as dedicated pursuant to Tract Map 17931, and direct the Clerk of the Board to cause a certified copy of the Resolution to be recorded without acknowledgement or further proof with the OC Clerk-Recorder.
3.	Adopt the Resolution, pursuant to California Streets and Highways Code Section 941, finding that Ranch Canyon, Saddle Way, Cherry Court, Martinez Road, Maverick Lane, Legado Road, Amanda Lane and Horton Way are necessary to public convenience and accept the public road improvements into the County Road System.
4.	Authorize the release of bond securities furnished by RMV PA3 Development, LLC for streets, street lights, sewer, water, recycled water, storm drain and monumentation for Final Tract Map 17931.

SUMMARY:

Certification of completion of streets, street lights, sewer, water, recycled water, storm drain and monumentation for Final Tract Map 17931 will confirm that improvements have been completed in conformance with County of Orange approved plans and specifications and will allow for the release of performance securities pursuant to Government Code Section 66499.7.

BACKGROUND INFORMATION:

Final Tract Map (FTM) 17931, located in the southeastern portion of unincorporated Orange County, east of Gobernadora Canyon and north of Ortega Highway along Cow Camp Road, comprises all of Subarea 3.1 and the northerly portion of Subarea 3.14, within Planning Area 3 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 RPPC. Following litigation filed over that approval, subsequent settlement agreements were executed regarding: 1) regional transportation impacts associated with implementation of the RPPC and 2) the appropriate/desired scope of biological resource protection to be implemented within the boundaries of the RPPC were finalized in August 2005.

Vesting Tentative Tract Map (VTTM) 17931 was approved by the Subdivision Committee on November 20, 2019. Revision 1 to VTTM 17931 was administratively approved by the Director of OC Public Works in November 2020. FTM 17931 represents the final development plan for Subarea 3.1 as proposed by the owner/subdivider of the project and provides for the development of 105 numbered master lots for residential development, Urban Activity Center development, parks and recreation and community facilities, as well as 72 lettered lots for natural open space, graded/landscaped slopes, access roads and a Class 1 Bike Trail.

On December 8, 2020, the Board approved FTM 17931 and Subdivision Improvement Agreement S20-06228 (Agreement) with RMV PA3 Development, LLC, a Delaware Limited Liability Company (Subdivider), which required certain improvements to be made with respect to the subdivision. Security in the form of bonds was provided by the Subdivider to guarantee the completion of the required storm drains, sewer, water, recycled water and monumentation.

The monumentation required for FTM 17931 has been certified as complete and the certifier has acknowledged payment for monumentation work. The storm drain, sewer, water, recycled water and monumentation have been completed. The improvements are constructed in accordance with County of Orange and Santa Margarita Water District approved plans.

The public improvements required under the Agreement can now be certified for completion and accepted pursuant to Government Code Section 66499.7 of the Subdivision Map Act and the securities guaranteeing performance may now be released. The County is authorized, pursuant to Streets and Highways Code Section 941, to accept streets into the County Highway System when those streets serve the public convenience. Subdivider has completed the construction of Ranch Canyon, Saddle Way, Cherry Court, Martinez Road, Maverick Lane, Legado Road, Amanda Lane and Horton Way, which connect to other portions of the County Highway System and will serve the public convenience by connecting the RPPC to the County Highway System and it is appropriate to accept these streets as serving the public convenience.

Compliance with CEQA: The project is a necessarily included element of the projects considered in FEIR No. 589, which was certified by the Board on November 8, 2004; Addendum 1.0, approved on July 26, 2006, by the Planning Commission (PC) (PA06-0023); Addendum 1.1, approved on February 24, 2011, by the Interim Director, OC Public Works (PA11-0003 through PA0006); the Planning Area 2 Addendum, approved on March 27, 2013, by the PC (PA130001 through PA130004 and PA130006); and Addendum 3.1, approved February 25, 2015, by the PC (PA140072-81); that adequately addressed the effects of the proposed project. No subsequent 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, the Planning Area 2 Addendum and Addendum 3.1 were certified and approved have become known; therefore, no further environmental review is required.

FINANCIAL IMPACT:

N/A

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Subdivision Improvement Agreement No. S20-06228
Attachment B - Resolution
Attachment C - Project Location Map
Attachment D - Field Record and Completion Sheet
Attachment E - Government Code Section 66499.7
Attachment F - Public Streets and Highways Code Section 941