23-0221_LENNAR HOMES OF CALIFORNIA INCORPORATED_Agenda Report_E11City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Thomas Toman, Public Works Director
PREPARED BY: Joe Parco, P.E., City Engineer
Jeremy Hohnbaum, P.E., Senior Civil Engineer
DATE: February 21, 2023
SUBJECT: Landscape Maintenance Agreement Between the City and Lennar
Homes of California Inc. for Construction and Maintenance of
Improvements Within Public Right-of-Way Adjacent to The Farm
Residential Development, Tract 19063 (Applicant: Lennar Homes of
California Inc.); and, Finding Said Action is Exempt from the
California Environmental Quality Act (CEQA) per Section
15061(b)(3)
RECOMMENDATION:
•Approve and authorize the City Manager to execute a Landscape Maintenance
Agreement with Lennar Homes of California Inc. for the construction and
maintenance of landscape and irrigation improvements located within the public
right-of-way that serves as public benefit adjacent to Tract 19063; and,
•Direct the City Clerk to record the Landscape Maintenance Agreement with the
County of Orange; and,
•Find that the recommended action is exempt from the California Environmental
Quality Act (CEQA) pursuant to the commonsense exemption under State CEQA
Guidelines, section 15061(b)(3).
EXECUTIVE SUMMARY:
The Farm consists of 169 lots for the development of single-family detached homes on
an existing 35-acre parcel. The development is located at 32382 Del Obispo Street as
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City Council Agenda Report
February 21, 2023
Page 2 of 4
shown on the attached Project Vicinity Map (Attachment 1). As part of the project,
landscape improvements have been constructed adjacent to the perimeter boundary of
the tract. The subject improvements will be maintained by the developer (Lennar Homes)
under the provisions of the proposed Landscape Maintenance Agreement (Attachment 2)
until the development is completed and turned over to the homeowner’s association
(HOA), at which time the HOA will maintain the improvements.
DISCUSSION/ANALYSIS:
On July 7, 2020, the City Council approved Tentative Tract Map No. 19063 by Resolution
No. 20-07-07-01. On June 1, 2021, to allow the applicant to construct off-site
improvements within the public right-of-way while adjacent schools were on summer
break, the City Council approved a Public Improvement Agreement (PIA) for Tentative
Tract Map No. 19063. After finding that the Subdivision Improvement Plans and the Final
Tract Map were in substantial conformance with Tentative Tract Map No. 19063 and the
Subdivision Map Act, the City Council approved the Final Tract Map No. 19063 on
December 7, 2022.
The exterior perimeter of the
development has been improved
to enhance the aesthetic
appearance of the tract. These
improvements extend from the
private development into the
public right of way as shown in
Exhibit B of the Landscape
Maintenance Agreement (i.e.,
along Via Positiva, Alipaz Street,
and Del Obispo Street), and
include California Pepper trees,
Green Carpet Natal Plum (low shrubs), Foothill Sedge mounding grass, larger Toyon
shrubs, and Blue Nolina and Red Sage as lower maintenance accent plants. The
improvements will be maintained by the developer under the provisions of the proposed
agreement. Additionally, existing utilities have been protected in place and will also be
maintained by their respective owners (i.e., City or property owner). The subject
improvements have been approved by the Planning Commission and are permitted
through the City’s Building Department.
Consequently, staff recommends that the City Council approve and authorize the City
Manager to execute the proposed Landscape Maintenance Agreement and find that the
action is exempt from the California Environmental Quality Act.
City Council Agenda Report
February 21, 2023
Page 3 of 4
FISCAL IMPACT:
The Public Works Department is responsible for the maintenance of public right-of-way
areas within the limits of the proposed Landscape Maintenance Agreement. With
approval of the proposed agreement, the developer would become the responsible party
for maintenance of this area, resulting in cost savings to the City with respect to any
irrigation, landscape, weed abatement, and tree trimming maintenance. Additionally, the
developer (and eventually the HOA) would be required to provide general liability
insurance and name the City as an additional insured on an annual basis.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(b)(3), which is the commonsense
exemption that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA.
PRIOR CITY COUNCIL REVIEW:
• On December 7, 2022, the City Council approved the Final Tract Map for Tract
No.19063 and authorized the City Engineer and the City Clerk to execute the Final
Tract Map for Tract No. 19063; authorized the City Manager to execute the
Subdivision Improvement Agreement for the Final Tract Map for Tract No. 19063;
and, directed the City Clerk and City Engineer to forward the Subdivision
Improvement Agreement and Final Tract Map for Tract No. 19063 to the County
of Orange for recordation.
• On June 1, 2021, the City Council approved a Public Improvement Agreement
(PIA) for off-site improvements within public right-of-way for Tract Map No. 19063.
• On July 7, 2020, the City Council adopted Resolution No. 20-07-07-01
conditionally approving Tentative Tract Map No. 19063. The Council also adopted
an Addendum to a MND and approved TTM 19063 for a new 169 single-family
detached, residential home subdivision on 35 acres.
• On June 11, 2018, the City Council approved a General Plan Amendment to the
land use designation (GPA 16-001), Code Amendment (CA) 18-004 and approved
The Farm Specific Plan (SP 18-001), and a Development Agreement.
• On May 15, 2018, pursuant to the California Environmental Quality Act (Pub. Res.
Code § 21000 et seq.: “CEQA”) and the State Guidelines for Implementation of
CEQA (14 Cal. Code Regs. § 15000 et seq.: “State CEQA Guidelines”), the City
City Council Agenda Report
February 21, 2023
Page 4 of 4
Council adopted a Mitigated Negative Declaration for The Farm Project
(SCH#2018031031) (the “MND”).
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On June 9, 2019, the Planning Commission held a duly noticed public hearing to consider
the project applications including the consideration of Tentative Tract Map (TTM) 19-002;
Architectural Control (AC) 19-020, Grading Plan Modification (GPM) 19-020, Sign Permit
(SP)19-032, and Tree Removal Permit (TRP) 19-041.
NOTIFICATION:
Brett Hamara, Lennar
First American Title
Kathleen Abney
Phillip Schwartze
William McCulloch
ATTACHMENT(S):
Attachment 1: Project Vicinity Map
Attachment 2: Landscape Maintenance Agreement
PROJECTSITEDel ObispoTerraceThe Rancho AlipazMobile Home ParkKinoshitaFarmKinoshitaElementarySchoolSan JuanCapistranoCommunity Centerand Sports Park5CAMINOCAPISTRANOCAMINO DEL AVIONDEL OBISPO STALIPAZ STVIA POSITIVAVermeulenRanch CenterMountainView ChurchMariners OceanHills ChurchCommunityPresbyterian PreschoolPrivate HeartChristian AcademyDel ObispoElementarySchoolMarco ForsterMiddleSchoolSOURCE: Google Earth (2020)Project VicinityFEET6003000NThe Farm
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A-1
1537844.4
EXHIBIT A
PROPERTY DESCRIPTION
Lots 1 to 169, inclusive, Lots A to Z, inclusive, and Lots AA to AQ, inclusive, of Tract No.
19063, as shown on a map, Filed on December 28, 2021, in Book 996, at Pages 1 to
11, inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder.
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