15-0915_PACIFIC POINT DEVELOPMENT PARTNERS LLC_PowerPoint_D1April 15, 2014PACIFICA SAN JUANHABITAT RESTORATIONPROJECTCity Council1September 15, 2015
April 15, 2014RECOMMENDED ACTIONCity CouncilSeptember 15, 20152Adopt a Resolution:1. Approving Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement (“Agreement”);2. Accepting a Surety Bond in the amount of three (3) million dollars;3. Approving the modification to Section 1.6‐8, “Engineering & Building conditions of approval” Vesting Tentative Tract Map (VTTM) 15609;4. Approving an open space easement and a public trail easement on Lot H of Final Tract Map 16750 which will be accepted and recorded upon completion of the restoration and trail work.September 15, 2015
April 15, 2014City CouncilPacifica San Juan Aerial September 15, 20143
April 15, 2014HABITAT RESTORATION BACKGROUNDCity CouncilSeptember 15, 20154•The Pacifica San Juan project was subject to a Special 4(d) Rule Interim Habitat Loss Mitigation Plan (“IHLMP”) issued by United States Fish and Wildlife Service (USFWS) and CA Dept. of Fish and Wildlife (CDFW) on January 31, 1997.
April 15, 2014HABITAT RESTORATION BACKGROUND (CONTINUED)City CouncilSeptember 15, 20155•In 2006, the City and SJD Partners, Ltd. (SJD), previous developer, entered into a Special 4(d) IHLMP Implementation Agreement and SJD initiated 6.6 acres of the required 17.6 acres of on‐site restoration. •Implementation of the IHLMP was suspended in 2007 due to the national economy downturn and bankruptcy.
April 15, 2014HABITAT RESTORATION BACKGROUND (CONTINUED)City CouncilSeptember 15, 20156•The current developer of the project, Pacific Point Development Partners LLC (Developer) has been in discussions with the City and Resource Agencies to further update the Revised IHLMP. •The Revised IHLMP consist with the following:9.6 acres of on‐site CSS habitat restoration33.2 acres of off‐site CSS habitat restoration located within the City’s Northwest Open Space
April 15, 2014ON‐SITE RESTORATIONCity CouncilSeptember 15, 20157
April 15, 2014ON‐SITE RESTORATION (CONTINUED)City CouncilSeptember 15, 20158The Revised IHLMP identifies Lot H (4.3 acres) and 5.6 acres of Lot I of Final Tract Map (FTM) 16750.•The project entitlement documents identify Lot H of FTM 16750, also referred in the approvals as Vista Park and VTTM 15609 Lot K, as a passive park intended for “trail use and enjoyment of natural scenery.”•VTTM 15609 Condition of Approval (COA) 1.6‐8 states that “prior to approval of the first final map, Lot “K” (Vista Point) shall be dedicated to the City of San Juan Capistrano.”
April 15, 2014ON‐SITE RESTORATION (CONTINUED)City CouncilSeptember 15, 20159The Revised IHLMP requires the recordation of conservation easements protecting the CSS habitat values and the City, as the owner of the property, will be responsible for the maintenance of the habitat.•Alternate recommended option for the Developer (ultimately HOA) to retain ownership of Lot H; and,•Recording the conservation easement required by the Resource Agencies; and,•Recording separate open space/public trail access easements with and for the benefit of the City; and
April 15, 2014ON‐SITE RESTORATION (CONTINUED)City CouncilSeptember 15, 201510•The City and general public would receive the public park amenity constructed by the Developer with ongoing maintenance provided by the third‐party conservation entity.•The open space/public trail easements would provide the public park benefits required by the project’s entitlements; however, it requires an amendment to the Section 1.6‐8, COA of VTTM 15609 regarding the ownership of the Lot H.
April 15, 2014OFF‐SITE RESTORATIONCity CouncilSeptember 15, 201511
April 15, 2014OFF‐SITE RESTORATION (CONTINUED)City CouncilSeptember 15, 201512The Revised IHLMP identifies 33.2 acres of off‐site CSS habitat restoration located within the City’s Northwest Open Space. The proposed location is owned by the Laguna Heights Community Association within the City’s boundary.•Adjacency to the OCTA hillside restoration area (part of 2C Ranch‐Trabuco Creek Habitat Restoration Project) will provide the contiguous restored area.•Restoration of this area would improve public use and enjoyment of the popular Shea and Colinas Ridge public trails extend directly through the proposed area.
April 15, 2014MAINTENANCECity CouncilSeptember 15, 201513•For both Off‐site and On‐site habitat restoration areas, the maintenance of the habitat restoration areas will be responsible by a third‐party conservation entity, and funded by the Developer.•For On‐site park, the trail network, habitat area fencing, viewing benches, and informational signs will also be maintained by a third‐party conservation entity.
April 15, 2014RECOMMENDED ACTIONCity CouncilSeptember 15, 201514Adopt a Resolution:1. Approving Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement (“Agreement”);2. Accepting a Surety Bond in the amount of three (3) million dollars;3. Approving the modification to Section 1.6‐8, “Engineering & Building conditions of approval” Vesting Tentative Tract Map (VTTM) 15609;4. Approving an open space easement and a public trail easement on Lot H of Final Tract Map 16750 which will be accepted and recorded upon completion of the restoration and trail work.September 15, 2015