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Resolution Number 04-07-06-04RESOLUTION NO. 04-07-06-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING THE PRELIMINARY IMPROVEMENT PLANS AND ADOPTING THE IMPLEMENTATION AGREEMENT FOR THE SOUTH COAST WATER DISTRICT'S PROPOSED ACCESS DRIVE (SCWD)(PUBLIC IMPROVEMENT PLAN 04-01 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 the entrance and a portion of the access drive 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 otherwise - perform in a manner to address the project's impacts on the City of San Juan Capistrano; 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, on or about June 6, 2001, the City's Environmental Administrator 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 Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project and recommended City Council approval; and, WHEREAS, the City Council conducted a duly -noticed public meeting on July 6, 2004 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy 510 to 101011-ITITJ consider public testimony on the proposed project and recommended City Council approval; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 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 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the Implementation Agreement as provided by Exhibit A, attached hereto and incorporated herein, and furthermore, approves the preliminary improvement plans subject to the following conditions of approval: 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 Property - Phase 1 Improvements" dated April 28, 2004 and prepared by Tetra Tech, Inc. 2. 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. 3. 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 07-06-2004 the approved preliminary landscape plan for street tree improvements along the Stonehill frontage and along the access drive within the City. 4. Pay 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.). 5. Soils/Geology 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 Report/Geotechnical 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 levee/trail (shown on submitted plans) with bollards or other accessible barriers acceptable to the City Engineer. 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 q" dayibf]Jply 2004. ATTEST: JOE R. MONAHAN. CITY CLERK 07-06-2004 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 04-07-06-04 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 6 h day of July 2004, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart & Mayor Soto NOES: COUNCIL MEMBERS: None ABSTAIN: COLIN SIL MI RS: None mRpART-R. MONAHAN, City Clerk 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 6t" 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 Industrial/Business 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 ("CEQA"). Certification was completed on November 13, 2002. 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 pursuant to CEQA. Approximately 0.9 acres of the PROPERTY and of the Phase 1 Project is located within CITY, with the remainder in the City of Dana Point. 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 approvals. SJC-SCWD 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 1 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. 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 INSPECTIONS. 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 1 Project and other potential future development of the PROPERTY. Upon receiving timely notice, DISTRICT shall provide full access to the PHASE 1 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 or equitable interest in the PROPERTY or any portion thereof. CITY retains the right to Development Implementation Agreement Page 2 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 (10) 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) 493-1171 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 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 Development Implementation Agreement Page 3 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. 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 Capistrano. 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 Implementation Agreement Page 4 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 PRESIDENT ATTEST: Secretary APPROVED AS TO FORM: General Counsel Development Implementation Agreement Page 5 EXHIBIT 1" SJC/SCWD 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. 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 Northbound/Camino Capistrano/Stonehill Drive (CCFP). (restriping, and signal phasing modifications) 1-5 Southbound/Camino Capistrano (CCFP) (street widening, restriping, and signal phasing modifications) Valle Road & La Novia Avenue/1-5 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, C. 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 d. re -stripe the east leg of La Novia Avenue to include an additional westbound through lane. 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-SCWD Development Implementation Agreement Exhibit `1"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 (i.e. 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 "1"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) standards. 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 "1"Page 3