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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