1978-0816_BEAR BRAND RANCH COMPANY_J1_Agenda Report5.r,'u
�_.
AGENDA ITEM August 16, 1978
TO: James S. Mocalis, City Manager
FROM: Thomas G. Merrell, Director of Community Planning and Development
SUBJECT: Annexation Agreement - Bear Brand Parcel SA
SITUATION:
During the latter part of 1977, the City Council formed a committee to study the
possible impacts of the Bear Brand Parcel SA proposed development. Although located
in the County, this tract proposed utilization of local City streets for access.
Major concerns addressed by the committee were:
1. Traffic volumes and safety issues
2. Potential linkage of roads in the tract to Camino Del Avion, which could
serve large future residential areas in the County to the west
3. Ability of the City to preserve the open space between Parcel 5A and the
ridgeline.
On February 1, 1978, the study committee presented its report and recommendations
to the City'Council. Council action was to establish the conditions under which
access to City streets would be acceptable. On February 15, 1978, the Council
authorized staff to pursue annexation with the property owner. Since that time
steps have been taken by the staff and the developer to'implement Council direc-
tion, The following summarizes the requirements and means of satisfying them.
1
is
3
4
Requirement
Access from Ricardo, Aspera and
Crumrine only
Peppertree Bend continuous with
cul-de-sac at Lot 40
Lot lines to prevent
tension of Peppertree
the south
Action Taken
Tentative tract maps approved by
Orange County Planning Commission
showing City required access
Approved by Orange County Planning
Commission
future ex- Condition of approval imposed by
Bend to Orange County Planning Commission
requiring 100 feet between cul-de-
sac and south lot line of Lot 40
Limit the project to 40 lots
FOR CITY COUNCIL AGENDA ...
Approved tentative map provides for
40 lots taking access to Peppertree
Bend from the City. (Future access
to Lot 41 is to he through Parcel 4B
to the south.)
J�
0
Agenda Item - Bear Brand Annexation
Requirement •
S. No connection of Peppertree Bend
to Lot 41, Parcel 4B or Camino
Del Avion
-2-
August 16, 1978
Action Taken
Peppertree Bend required to be a cul-
de-sac 100 feet short of Lot 41 by
Orange County Planning Commission
6. Design speed of Peppertree Bend 25 MPH design speed required by
to be 25 MPH Orange County Planning Commission
7. Street to follow terrain with a Reduced width approved by Orange
36 -foot width County Planning Commission and shown
on tract improvement plan, with sub-
stantial conformance to terrain
8. Plan changes to be approved by All above changes approved by Orange
the County County Planning Commission on 5/24/78
9. Provide the City with controls
adequate to prevent future road
extensions through the tract (such
as annexation agreement)
Draft annexation agreement submitted
for Council approval on August 16, 1978
In staff's Opinion, the last step (providing for annexation) is extremely signifi-
cant. It will do more than give the City control over a future access road through
this tract. It also will maintain City abutment on the open space lands to the
west. Failure to annex would result in an inhabited unincorporated area between
the City limit and the open space, and hus potentially diminish City influence
should this area ever be proposed for development.
The annexation agreement makes the following provisions:
1. The City will apply appropriate zoning (100 -EL) prior to annexation.
2. The City will allow the property to stay in the Moulton -Niguel Water District,
with the City and Orange County Waterworks No. 4 providing services under
service agreements.
3. The developer will be allowed to extend Calle Ricardo and Calle Aspero to the
tract and construct Peppertree Bend prior to annexation.
4. The developer will NOT BE ALLOWED to complete the sale of any lots until after
annexation.
S. The developer WILL BE REQUIRED to complete lacking street improvements on Calle
Aspero between Avenida Evita and Paseo Monte Vista subject to the following:
a. The City will be obligated to bear 50% of the cost, but in no event to
exceed $25,000. The developer will be responsible for the remainder.
0
•
Agenda Item - Bear Brand Annexation -3- August 16, 1978
b. The City will provide the right of way at no cast to the developer.
6. The City will not take any action which would deprive the developer of the
right to build homes on the lots.
7. The City will review plans and applications for grading and building permits
on individual lots as provided for in the Land Use Management Code and other
applicable codes. This review is not to include aesthetic judgements as to
architecture or siting.
Some final observations regarding the proposed agreement are in order. Although
Council approval is needed at this time, the actual execution of the agreement
should await a determination by the Public Works Director that the improvement
permits are ready to be issued. This will prevent the "five day" obligation in
Section 2.a of the agreement from becoming a problem. Prior to issuance, drainage
structures and the Calle Ricardo/Peppertree Bend intersection (which mitigates
traffic impacts on Calle Ricardo) will be reviewed. Staff expects these permits
to be ready for issuance soon after August 16, 1978. It should also be noted
that the agreement makes no provision for the project to offset the cost of the
proposed signal at Del Obispo Street and Calle Aspero, which has already been
funded. However, the development of each lot will generate all the usual fees and
revenues, including the new Development Systems Tax.
FINANCIAL CONSIDERATIONS:
The proposed agreement will obligate the City to reimburse the developer for cer-
tain improvements on Calle Aspero and bear any acquisition costs. Cost to the
City could be between $35,000 and $45,000. Most administrative costs associated
with processing development approvals will be recovered by applicable fees.
ALTERNATE ACTIONS:
1. Approve the proposed agreement and authorize the Mayor to execute it upon
determination by the Public Works Director that the permits called for under
Section 2.a of the agreement can be issued.
2. Approve the proposed agreement with modifications agreeable to the Bear Brand
Ranch Company and authorize the Mayor to execute the agreement upon determina-
tion by the Public Works Director that the permits called for under Section 2.a
can be issued.
3. Do not approve the agreement and give direction to staff and the Bear Brand
Ranch Company.
0
0
Agenda Item - Bear Brand Annexation -4- August 16, 1978
RECOMMENDATION:
By motion,
1. Approve the proposed agreement and authorize the Mayor to execute it
upon determination by the Public Works Director that the permits called
for under Section 2.a of the agreement can be issued. r`
2. Initiate a prezone of the subject property to the 100 -EL zone and
authorize the Planning Commission to commence public hearings.
Respectfully submitted,
)4"4v -
Thomas
"u l_ -Thomas G. Merrell
Director
TGM:ky