PC Resolution-04-06-08-01PC RESOLUTION NO. 04-6-8-1
PUBLIC IMPROVEMENT PLAN 04-01
SOUTH COAST WATER DISTRICT (SCWD)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING APPROVAL OF PRELIMINARY DESIGN PLANS FOR
A PROPOSED ACCESS DRIVE TO STONEHILL DRIVE FOR THE 29 ACRE SOUTH
COAST WATER DISTRICT PROPERTY LOCATED SOUTH OF STONEHILL BETWEEN
THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY AND SAN JUAN CREEK
AND MORE PRECISELY REFERREDTO AS ASSESSORS PARCEL NUMBER(S)121-253-
16 & 18; 668404-01 & 04 (SOUTH COAST WATER DISTRICT ACCESS DRIVE).
Whereas, South Coast Water District (“District”) has requested approval of
preliminary improvement plans to construct an access drive from Stonehill Drive to the
District’s 29 acre site located south of Stonehill Drive, and said access drive would provide
sole access to the District’s property and would be situated within the City of San Juan
Capistrano; and,
Whereas the entire developable portion of the 29 acre District property is
situated solely within the corporate limits of the City of Dana Point; and,
Whereas, the City has prepared an Implementation Agreement to bind the
District and their successors to obligations to construct certain improvements; and, -
Whereas, the proposed project has been processed pursuant to Section 9-
2.337, Public improvement plans and outside agency development review of the Land Use
Code; and,
Whereas, the City’s Environmental Administrator has determined that the
South Coast Water District should serve as Lead Agency for complying with the California
Environmental Quality Act, and the City shall be a Responsible Agency with discretionary
decision-making authority over preliminary public improvement plans for the proposed
access drive, and with ministerial decision-making authority over grading and building
permits for construction of the same; and,
Whereas, the Planning Commission conducted a duly-noticed public meeting
on June 8, 2004 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339,
Public Meeting Procedures, Administrative Policy409, and Planning Department Policy 51 0
to consider public testimony on the proposed project and has considered all relevant public
comment.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the
City of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Land Use Element because the project -
PC Resolution 04-6-8-1 2 June 8,2004
includes provisions to assure land use compatibility and protect the Villa San Juan
Mobilehome Park from potential noise and lighting impacts through both project
design and through provisions of the Implementation Agreement; and,
2. The proposed project is consistent with the policies and objectives of the General
Plan Circulation Element because the Implementation Agreement assures that the
development of the South Coast Water District (SCWD) property will mitigate traffic
impacts within the City including the construction of off-site, arterial street
improvements and the payment of Capistrano Circulation Fee Program (CCFP); and,
3. The proposed project is consistent with the policies and objectives of the General
Plan Circulation Element because the Implementation Agreement includes provisions
for reducing potential traffic impacts to Stonehill Drive and providing alternative site
access via a planned “secondary access road”; and,
4. The proposed project complies with all applicable provisions of the Land Use Code
subject to the mitigation measures and conditions of approval contained in this
resolution.
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends adoption of the
Implementation Agreement as provided by Exhibit A, attached hereto and incorporated
herein, and furthermore, recommends approval of the project subject to the following
conditions of approval:
1.
2.
3.
4.
Prior to construction of the proposed Stonehill access drive, the District shall secure
all necessary grading and building permits from the City. The construction and
grading plans shall be in substantial compliance with the City Council approved
preliminary improvement plans entitled “San Juan Creek fropedy - Phase 1
Improvements” dated April 28,2004 and prepared by Tetra Tech, Inc.
Prior to issuance of any building and/or sign permit for the proposed monument signs,
the District shall submit preliminary design plans including materials and colors board
which shall be subject to Design Review Committee review and Planning Commission
approval .
Prior to final inspection and acceptance of construction of the Stonehill access drive
by the City, the District shall complete installation of all landscaping consistent with
the approved preliminary landscape plan for street tree improvements along the
Stonehill frontage and along the access drive within the City. Landscape and grading
plans shall be subject to Design Review Committee review and approval.
Pav Fees. Prior to issuance of grading and right-of-way improvement permits, the
District shall fulfill all applicable fee requirements in accordance with the City
Municipal Code and shall post securities to insure satisfaction performance (Engr.).
PC Resolution 04-6-8-1 3 June 8,2004
5. Soils/Geoloav Report. Prior to issuance of grading and right-of-way improvement
permits for the construction of the proposed Stonehill access drive, the District shall
submit to the City Engineer for review and obtain approval for a Soils
ReportlGeotechnical Feasibility Study, prepared by a Registered Geologist and/or
Soil Engineer, to determine the seismic safety and soils stability of proposed grading
and improvements within the City boundaries as well as any affected adjacent
property. The Report shall also indicate preliminary pavement sections and
substructure bedding/backfill recommendations for said driveway. (Engr.).
6. Street Improvement Plans for the Access Road. Prior to issuance of right-of-way
improvement permit, the District shall submit to the City Engineer for review and shall
obtain approval for, Street Improvement Plans, for the Access Road, prepared by a
Registered Civil Engineer and prepared consistent with National Pollution Discharge
Elimination Requirements (NPDES) standards. These plans shall show said proposed
access road and corresponding public trail access easement. The plans shall show
the limits of grading associated with the access road construction, drainage, sewer,
water and all related appurtenances. The elevations shall correspond with the
Orange County benchmark datum. These plans shall also show the replacement of
proposed 16' wide gates on the leveehrail (shown on submitted plans) with bollards
or other accessible barriers acceptable to the City Engineer.
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7. Public Trail Access Easement. Prior to final inspection and acceptance of
construction of the Stonehill access drive by the City, the District shall complete and
submit to the City Engineer all required documentation for the dedication of the public
trail access easement which connects Stonehill to the trail system.
PASSED, APPROVED AND ADOPTED this 8th day of June, 2004, by the
following vote, to wit:
AYES: Commissioners Cardoza, Cohen and Ratciiffe
NOES: none
ABSTAIN: none
ABSENT: Chairman Neely
idan
(P.\Planning\Archive\CIP PROJECTS\Cip04-01 SCWDbp0401 -PC-res04-6-&1 .wpd)
EXHIBIT “A”
MITIGATION & DEVELOPMENT IMPLEMENTATION AGREEMENT
FOR THE SAN JUAN CREEK PROPERTY
This Development Implementation Agreement (hereinafter ”AGREEMENT”) is
made and entered into as of this 6‘h day of July, 2004 by and between the CITY OF
SAN JUAN CAPISTRANO, a California Municipal Corporation (hereinafter “CITY”) and
the SOUTH COAST WATER DISTRICT, a California special district (hereinafter
“DISTRICT”).
RECITALS
A. DISTRICT is the owner of certain land located in the City of Dana Point,
California, more particularly shown on the map in Exhibit “A” (hereinafter
“PROPERTY”). Said PROPERTY borders CITY limits on the north and west and
consists of approximately 30.54 acres of land for which DISTRICT has prepared
preliminary concept plans for the potential future development of the PROPERTY (the
“CONCEPT PLANS”) including various alternative uses consistent with the City of Dana
Point’s existing General Plan and zoning designations of IndustriaVBusiness Park and
Community Facilities. These concept plans were the basis of a Program EIR (the
“FINAL EIR”) which was certified by DISTRICT’S Board of Directors pursuant to the
California Environmental Quality Act (TEQA’I), Certification was completed on
November 13,2002.
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B. DISTRICT is proposing the first increment of construction for the
PROPERTY, generally including grading, site infrastructure and certain water treatment
facilities on approximately 7 acres of the PROPERTY (the “PHASE 1 PROJECT”), as
more fully described in a Mitigated Negative Declaration adopted by DISTRICT’S Board
of Directors on Approximately 0.9 acres of the
PROPERTY and of the Phase I Project is located within CITY, with the remainder in
the City of Dana Point.
pursuant to CEQA.
C. The CONCEPT PLANS for PROPERTY contemplate, and the PHASE 1
PROJECT requires, access through CITY right-of-ways for which permits are required
from the CITY. DISTRICT proposes to build a non-public roadway (the “ACCESS
ROADWAY”) that traverses that portion of the PROPERTY within CITY boundaries and
intersects Stonehill Drive, within the CITY.
D. The FINAL EIR identifies potential negative impacts upon specified rights-
of-way and surrounding properties within the CITY’S jurisdiction, and requires mitigation
measures for which the CITY has regulatory authority.
E. CITY and DISTRICT desire to have a mechanism for identifying
respective roles of the CITY and DISTRICT relative to mitigation compliance and permit
a p p rova Is.
SJC-SC WD Development Implementation Agreement Page 1
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties do hereby agree as follows:
1. TRANSFEREES AND ASSIGNEES. For purposes of this
AGREEMENT, “DISTRICT” includes the owner and its heirs, successors, and assigns
and in the event of a transfer, including without limitation a leasehold interest, of the
PROPERTY, or any portion thereof, to another person or entity, the transferee, who
shall be deemed an “owner” with respect to the PROPERTY so transferred and the
transferor shall cease to be deemed an “owner” with respect to the property so
transferred, subject to the requirements set forth at Paragraph 6 herein.
2. COSTS REIMBURSEMENT. DISTRICT agrees that all reasonable
costs incurred by CITY by reason of any obligation imposed upon CITY by this
AGREEMENT, shall be reimbursed to CITY by DISTRICT within thirty (30) days of
receipt by DISTRICT of a written statement setting forth said costs.
3. COMPLIANCE WITH PERMIT OR MITIGATION REQUIREMENTS.
DISTRICT agrees to implement the permit or mitigation requirements identified in
Exhibit “1” attached hereto and incorporated herein by reference. DISTRICT further
agrees that compliance with the permit or mitigation requirements identified in Exhibit
“1,” the FINAL EIR, and Mitigated Negative Declaration for the PHASE 1 PROJECT, is
a condition to the issuance of discretionary and non-discretionary permits required to
implement the PHASE I PROJECT. DISTRICT further agrees that any noncompliance
with permit or mitigation requirements by DISTRICT shall constitute grounds for CITY to
revoke any existing permits and to deny any subsequent permits or approvals when
said non-compliance is cited by CITY until compliance is achieved.
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4. CITY’S FAILURE TO ENFORCE REQUIREMENTS. CITY agrees that
any failure on its part to meet its obligations hereunder shall not be grounds for delaying
or withholding the issuance of permits to DISTRICT.
5. CITY I NS PECTl ON S . CITY shall provide DISTRICT twenty-four (24)
hour notice before entering upon any PHASE 1 PROJECT site for purposes of
monitoring compliance with CITY’S permit or mitigation requirements at any time during
the implementation of the Phase I Project and other potential future development of
the PROPERTY. Upon receiving timely notice, DISTRICT shall provide full access to
the PHASE I PROJECT site, and any structures erected thereon, to CITY personnel
and/or subcontractors thereof, at any time during business or operating hours.
6. SUCCESSORS AND ASSIGNS. This AGREEMENT shall be binding
upon and may be enforced by the parties hereto and their respective heirs, successors,
and assigns. DISTRICT, and DISTRICT’S successors, heirs, and assigns may transfer
any interest or duty in or required by this AGREEMENT to any person having any legal
b
Developmenf lmplementafron Agreement Page 2
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or equitable interest in the PROPERTY or any portion thereof. CITY retains the right to
require a bond or other such security of any successor-in-interest to DISTRICT.
Assignment of the rights, duties, and obligations under this AGREEMENT shall not be
effective until CITY first receives written notice of the proposed assignment and
thereafter receives written acknowledgment by the assignee of the assignment and its
assumption of the requirements, duties, and obligations under this AGREEMENT.
Within thirty (30) days after the effective date of the bonding requirement, if any, the
new owner shall meet any security requirements imposed by CITY. Notice of the
transfer of the obligations, rights, and duties under this AGREEMENT shall be provided
as set forth in Paragraph 7 of this AGREEMENT.
7. NOTICES. CITY’S City Manager shall be the representative of CITY for
purposes of this AGREEMENT and shall be authorized to consent to any modification
of this AGREEMENT on behalf of CITY except as otherwise provided herein.
DISTRICT’S General Manager shall be the representative of DISTRICT for purposes of
this AGREEMENT. Whenever notice is required by this AGREEMENT, it shall be
deemed served and effective after one party shall personally deliver or within ten (1 0)
days after one party shall deposit in the U.S. Mail, postage prepaid, to the other at the
following addresses:
If sent by DISTRICT to CITY:
Dave Adams, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Tel. (949) 493-1 171
Fax (562) 493-1053
If sent by CITY to DISTRICT:
Michael P. Dunbar, General Manager
South Coast Water District
31592 West Street,
Laguna Beach, CA 92651-6907
Tel. (949) 499-4555
Fax (949) 499-4256
Within thirty (30) days of any change of the above information, including a
change in ownership of the PROPERTY, or any portion thereof, the parties hereto
agree to provide the other with notice of the change, including the new sole
representative for the owner, or any portion thereof, and his/her/its name, address, and
telephone number.
8. DISTRICT’S BREACH. Notwithstanding anything to the contrary
herein, any substantial and continuing failure by DISTRICT to commence to perform a
Development Implementation Agreement Page 3
permit obligation or mitigation requirement covered by this AGREEMENT within sixty
(60) days after written notification from CITY as provided in Paragraph 7 of this
AGREEMENT, shall constitute a breach of this AGREEMENT. The CITY’S Public
Works Director and Planning Director may extend this time for performance as they
determine it to be in the CITY’S best interest, and if DISTRICT is making good faith
efforts to comply. CITY retains the right, but not the obligation, to perform said permit
or mitigation requirement either through its own employees or through parties with
whom it may contract such work and assess the full costs thereof against DISTRICT.
DISTRICT agrees to pay said costs within thirty (30) days after receipt of notice and
reasonable substantiation of such costs.
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9. ATTORNEY’S FEES. CITY and DISTRICT agree that the prevailing
party in any legal action arising from the duties and obligations contained in this
AGREEMENT shall be entitled to reasonable attorneys fees, including reimbursement
to CITY of City Attorney’s fees.
10. SAVING’S CLAUSE. The invalidity in whole or in part of any
provision of this AGREEMENT shall not void or affect the validity of any other provision
of this AGREEMENT.
11. VENUE. This AGREEMENT shall be governed by and construed in
accordance with the laws of the State of California, and the City of San Juan
Ca pistra n 0.
.d 12. SOLE AGREEMENT. This AGREEMENT supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to
the subject matter hereof and contains all of the covenants and agreements between
the parties with respect to said matter, and each party to this AGREEMENT
acknowledges that no representations, inducements, promises, or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party,
which are not embodied herein, and that any other agreement or modification to this
AGREEMENT, shall be effective only if executed in writing and signed by both CITY
and DISTRICT.
[SIGNATURE PAGE FOLLOWS]
Development lmplementation Agreement Page 4
v IN WITNESS WHEREFORE, the parties hereto have executed this AGREEMENT on
the date herein first above written.
CITY OF SAN JUAN CAPISTRANO SOUTH COAST WATER DISTRICT
MAYOR
ATTEST:
Meg Monahan, City Clerk
APPROVED AS TO FORM:
City Attorney
Development implementation Agreement
PRES1 DENT
ATTEST:
Secretary
APPROVED AS TO FORM:
General Counsel
Page 5
EXHIBIT “1”
SJClSCWD Development Implementation Agreement
The parties have identified the following requirements to mitigate impacts of DISTRICT’S
PHASE 1 PROJECT upon CITY and surrounding properties within CITY.
I. Prior to any use of a new structure or the operation of a facility on the PROPERTY
or any substantial change of use of the PROPERTY, or any development or other
change on the PROPERTY which may result in permanent traffic impacts within
CITY, DISTRICT will provide to CITY revised and updated traffic analyses, subject
to the review and approval of the CITY’s City Engineer consistent with CITY’s
General Plan Circulation Element, comparing potential traffic impacts to those
described in the FINAL EIR. Such revised analyses shall include a comparison of
projected incremental and cumulative traffic impacts on the following intersections
and related improvements as more fully described in the FINAL EIR:
Signalization of the project entrance at Stonehill Drive (non-CCFP).
1-5 North bou ndlCa m ino Cap is t ra no/S tone h i I I Drive (CC F P).
(restriping, and signal phasing modifications)
1-5 SouthboundlCamino Capistrano (CCFP)
(street widening, restriping, and signal phasing modifications)
Vale Road & La Novia Avenue/l-5 Northbound Ramps (CCFP),
a. construct a traffic signal,
b. widen the northbound 1-5 off-ramp to include an additional
eastbound through lane for the off-ramp and an additional lane for
access to the on-ramp,
widen the north leg of Valle Road to include a southbound left-turn
pocket, a southbound through lane, and a southbound right-turn
pocket, and
re-stripe the east leg of La Novia Avenue to include an additional
westbound through lane.
a
c.
d.
At such time as any projected change in traffic reaches or exceeds levels or
reasonably acceptable standards requiring improvements related to these
intersections as more fully described in the mitigation measures established by the
FINAL EIR, DISTRICT shall enter into an agreement with CITY to provide for
DISTRICT’S completion, or payment of fair-share contribution of signalization of
the project entrance at Stonehill Drive, of such improvements within the CITY.
The DISTRICT shall secure CITY approval of street improvement plans for said
off-site street improvements and shall, at CITY’S discretion, provide bonds or other
financial security acceptable to CITY to guarantee completion of these
improvements. Street improvements within CITY will be subject to inspection and
acceptance by CITY’s City Engineer or designee.
SJC-SC WD Development Implementation Agreement Exhibit “7” Page 1
To the extent that the reasonable and customary cost, for any CCFP
improvements completed by DISTRICT required as a part of mitigation measures
established by the FINAL EIR exceed DISTRICT’S share for such improvements,
CITY shall reimburse DISTRICT for such reasonable and customary cost of such
CCFP improvements that exceed DISTRICT’S share when and as other
development benefiting from the improvement contribute their share.
2. Prior to any use of a new structure or the operation of a new facility on the
PROPERTY, or any substantial change of use of the PROPERTY, or any
development or other change on the PROPERTY which would result in a net
increase in traffic generated within the City by the DISTRICT’S development and
use of the PROPERTY, DISTRICT shall pay Capistrano Circulation Fee Program
(CCFP) fees to the CITY in an amount consistent with the fee schedule
established by the CITY’S City Council in effect at the time of the new use or
change on the PROPERTY. CITY shall provide a reimbursement schedule
(consistent with CITY’S reimbursement practice or policy) for the reasonable and
customary cost of CCFP street and circulation improvements completed by the
DISTRICT within the CITY to the extent such improvements have been
programmed and anticipated by the CCFP, as the CCFP may, from time to time,
be amended by the CITY.
3. In conjunction with the development of any future site development plan for the
PROPERTY, the DISTRICT will address impacts of proposed development of the
PROPERTY (Le. light, noise, etc.) on the Villa San Juan Mobilehome Park and its
residents subject to, and consistent with the mitigation measures established by
the FINAL EIR and Mitigated Negative Declaration for the PHASE 1 PROJECT
and subject to the requirements of agencies having jurisdiction over such
development and mitigations. Such mitigation measures, including but not
necessarily limited to the type, location, orientation, and intensity of outside
lighting, and landscape buffers and screen walls, shall be subject to the
reasonable approval of CITY, provided that DISTRICT shall not be required to
comply with any standard which is inconsistent or non-compliant with the
requirements, standards or guidelines of other agencies with jurisdiction thereof.
4. Prior to any construction of the proposed ACCESS ROADWAY or future
development of the PROPERTY within the CITY, DISTRICT shall secure any
discretionary or other non-discretionary approvals and permits required by CITY,
consistent with policies in place at the time for similar developments within CITY.
Such non-discretionary permits and approvals include, not by way of limitation, a
“haul” route permit (for any hauling within the CITY of dirt or debris to be imported
into, or exported out of, the PROPERTY.
5. In conjunction with the construction of the proposed PHASE 1 PROJECT, the
DISTRICT must construct, install, and maintain drainage facilities satisfactory to
the City Engineer to prevent ponding for a 100-year storm event on properties
commonly known as the “Cassady/Harrison” properties adjacent to the
Development Implementation Agreement Exhibit “7” Page 2
PROPERTY within the CITY during the interim period following grading and filling
of the DISTRICT property, but prior to future grading/filling of the Cassady and
Harrison properties. All storm drainage improvements shall comply with the San
Diego Regional Water Quality Control Board (RWQCB) discharge permit and all
applicable National Pollution Discharge Elimination Requirements (NPDES)
stand a rds .
Prior to issuance of any grading permit for work within CITY, DISTRICT shall
submit construction plans for grading and storm drainage improvements
demonstrating, to the reasonable satisfaction of CITY, compliance with this
condition.
6. Subject to the requirements of other agencies having jurisdiction over
development on the PROPERTY, the DISTRICT shall design PHASE 1 PROJECT
improvements to accommodate a future potential street connection (the
“POTENTIAL SECONDARY ACCESS ROADWAY”) between the PROPERTY and
the Lower Rosan property via a route generally traversing properties commonly
known as the “Cassady/Harrison” properties adjacent to the PROPERTY and
beneath the Stonehill Drive overpass bridge, provided the CITY secures the right-
of-way easements necessary from the Cassady and Harrison properties and
others including Assessor’s Parcel Numbers 121-253-06, 07, and 13.
DISTRICT’S construction of any roadway improvements (except for grading and
interim landscaping and erosion control) associated with the Potential Secondary
Access Roadway shall be specifically subject to CITY’S obligation to acquire
rights, including but not limited to, rights-of-way, easements, licenses and
agreements among all of the various affected parties relating to maintenance and
cost-sharing.
Notwithstanding the above, DISTRICT shall not be responsible for design or
construction of the POTENTIAL SECONDARY ACCESS ROADWAY except for
that portion of the roadway within the PROPERTY. However, DISTRICT shall be
responsible for dedicating the necessary rights-of-way for common access across
DISTRICT’S property, in the event the City successfully secures the necessary
rights-of-way across the Harrison, Cassady, and other properties and dedicates a
right of access to all properties, including DISTRICT, for use of such shared
access.
Further, unless otherwise agreed to by DISTRICT and CITY, all of DISTRICT’S
obligations under this condition shall expire five (5) years following the effective
date of this AGREEMENT.
Development Implementation Agreement Exhibit “I” Page 3