Agenda Item AGENDA STAFF REPORT ASR
Control 23-000756 |
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MEETING
DATE: |
10/31/23 |
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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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Richard
Sanchez (714) 932-8687 |
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Subject: Approve Completion of Improvements
and Release of Security for Tract Map 17931
ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Resolution to Form |
Discussion |
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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: 12/8/2020 #7, 11/8/2004 #1 |
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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