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City Council Regular
Meeting Date: 05/23/2017  
Submitted By: Robyn Harvey, Administrative Assistant

  1. Authorize the execution of the Agreement Regarding Phase 2 Interim Basin Improvements and Issuance of Permits and direct the City Clerk to cause the Memorandum of Agreement attached to the Agreement to be recorded.
  2. Approve and authorize the acceptance of Final Tract Map 16338 consisting of a 149-unit single-family residential development.
  3. Approve and authorize execution of Monumentation Agreement and Subdivision Improvement Agreement.
  4. Authorize acceptance and execution of the following improvement securities:
Acceptance of Security Document Number Amount
Road (Performance) 300004379 $3,045,209
Road (Labor/Materials) 300004379 $3,045,209
Domestic Water (Performance) 300004376 $807,992
Domestic Water (Labor/Materials) 300004376 $807,992
Recycled Water (Performance) 300004377 $642,568
Recycled Water (Labor/Materials) 300004377 $642,568
Sewer (Performance) 300004378 $687,391
Sewer (Labor/Materials) 300004378 $687,391
Storm Drain (Performance) 300004380 $2,651,418
Storm Drain (Labor/Materials) 300004380 $2,651,418
CFD Maintained Parking Lot (Performance) 300004382 $102,473
CFD Maintained Parking Lot (Labor/Materials) 300004382 $102,473
Streetscape and Trail (Performance) 300004383 $776,112
Streetscape and Trail (Labor/Materials) 300004383 $776,112
HOA Maintained Landscape (Performance) 300004384 $1,975,749
HOA Maintained Landscape (Labor/Materials) 300004384 $1,975,749
  1. Accept deposit to set monuments in the amount of $76,500.
  2. Direct the City Clerk to cause Final Tract Map 16338 to be recorded.
On April 25, 2006, the City Council approved Tentative Tract Map 16338, known as the Vila Borba project which is located southeast of Butterfield Ranch Road and Pine Avenue. Subsequent to the entitlement approval, CalAtlantic acquired the project from Mary Parente Borba, who was the original applicant for the project.  The approved project is for the construction of 149 single-family detached homes.
                             Applicant:      CalAtlantic Homes
                                                   355 E. Rincon Street, Suite 300
                                                   Corona, CA 92879
In conjunction with the recordation of Final Tract Map No. 16338, City staff is recommending that the City enter into an agreement with CalAtlantic. Under the proposed agreement, the pre- vs. post-hydrologic conditions for Tract No’s. 15989, 16338, 16413 and 16414 will be controlled with four (4) phases of detention basins, which will allow the Vila Borba project to develop in phases (by Tract) while ensuring that each tract will have drainage issues adequately addressed.
Phase 1:  A graded interim detention basin in the westerly portion of Tentative Tract Map No. 16414 (“Phase 1”) which is already constructed and operational;
Phase 2:  Two graded detention basins, (a) one located on both the northeasterly area of open space Lot 6 of Tract No. 15710 and the westerly portion of Tract Map No. 16413, connected with piping and including two inlets known as IX1 and IX3 (the “Temporary 15710/16413 Basin”), and (b) one in the easterly portion of Tentative Tract Map No. 16414; (collectively “Phase 2”);
Phase 3:  Either (1) use of two facilities: (a) the detention basin in the easterly portion of Tentative Tract Map No. 16414 constructed as part of Phase 2, and (b) use of the City’s existing reinforced concrete box culvert (“RCB”) generally located southwest of Tentative Tract Map No. 16338, in Lot H of Tract No. 13880-1, west of Butterfield Ranch Road, with installation of a temporary drainage restrictor wall placed at the entrance to the City’s RCB, and removal of Phase 2 improvements or (2) such other interim measures approved by the City in its reasonable discretion to satisfy the project conditions of approval related to pre- vs. post-drainage conditions and conveyance of 100-year storm flows, as set forth above (collectively, “Phase 3”); and

Phase 4:   Improvements to the City’s RCB, possibly including, but not limited to, an expanded concrete apron, drainage restriction steel doors, secondary storm drainage, a paved access road, and a retaining wall and drainage ditches, to satisfy the project conditions of approval related to pre- vs. post-drainage conditions and conveyance of 100-year storm flows, as set forth above (“Phase 4”).
The Phase 2 Interim Basin Improvements Agreement (attached) includes a requirement that, until Phase 3 is completed, CalAtlantic must maintain the Phase 2 basins and allows the City to inspect and maintain it (and charge the costs to the property owner) if it is not maintained.  The plan is for the 15710/16413 Basin to only remain in place for a few months, but the maintenance provision was added in case an economic downturn resulted in Phase 2 being in place for an extended number of years.  Both Phase 2 basins must be maintained to ensure that Tract No. 16338 is not flooded.  The following are restrictions in the agreement relating to the development of Tract 16338 (149 single family residential lots) and Tract 16413 (19 single family residential lots):
  1. The City shall withhold precise grade and building permits for Tract No. 16338 until installation and City approval of Phase 2 improvements, precise grade and building permits for Tract No. 16413 until installation of Phase 3 or 4 (whichever occurs first), and precise grade and building permits for Tract No. 16414 until installation of Phase 4.
  2. The Phase 2 improvements include installation of the Temporary 15710/16413 Basin on property owned by CalAtlantic and located on and adjacent to the Property.  A portion of the Temporary 15710/16413 Basin property on Tract 15710 will be used in the future as a fuel modification zone for homes to be located within the Property (Final Tract Map No. 16413).  The Temporary 15710/16413 Basin will be removed prior to or concurrently with construction of homes within the Property. 
A memorandum of the agreement will be recorded on Final Tract Map No. 16413 so that any subsequent purchasers would be aware that the basin is located adjacent to the Tract and cannot be removed until the Phase 3 basin is constructed.  It would automatically terminate at the time the Phase 3 improvements are in place (with the parties also agreeing to sign further documents as needed to remove the Memorandum from title).  As a reminder, Tract 16413 cannot be developed for homes until the Phase 3 improvements are in place and the 15170 basin removed.  The Memorandum would terminate and be released from title, but the underlying Agreement itself would still be in place as to Phase 4.

Pursuant to Section 66458 of the Subdivision Map Act, the City must approve the Final Tract Map if the City determines that the Final Tract Map conforms to all of the requirements of the Subdivision Map Act and the City’s subdivision ordinance, including the requirement that the applicable conditions of approval have been met. The applicant has completed the Final Tract Map review process and all applicable conditions have been met as recommended by the corresponding departments of the City of Chino Hills.  With the approval of the Agreement, the acceptance of the Final Tract Map and payment of the taxes, and the approval of the City Council, the map will be recorded.
An Environmental Impact Report (EIR) was completed and adopted for the project on April 25, 2006, by Resolution Number 06R-19, and was pursuant to the California Environmental Quality Act (CEQA) Guidelines and the City of Chino Hills Local Procedures for Implementing CEQA. CalAtlantic is in compliance with its Mitigation Monitoring Program and all mitigation measures required to be completed prior to Final Tract Map have been completed.  The Agreement Regarding Interim Basin Improvements and Issuance of Permits is consistent with implementing the Vila Borba project considered in Final EIR No. SCH# 2004081134.  No substantial changes have been made in the project, there are no substantial changes in the circumstances under which the project is being undertaken and no new information of substantial importance to the project which was not known and could not have been known when the Final EIR was certified has become known that shows new significant effects, substantially more severe significant effects or mitigation measures or alternatives that should be considered.  Therefore, no further environmental review is required.
There will be minimal fiscal impacts to the City associated with the proposed construction and operation of the temporary detention basins, which will be offset by permit fees. The interim detention basins will be owned and operated by CalAtlantic. CalAtlantic will bear the costs of construction, operation and maintenance and decommissioning of the interim detention basins.
This item was reviewed by the Community Development Director and the City Attorney.
Tract Map Title Sheet
Tract Map Site Plan
Monumentation Agreement
Subdivision Improvement Agreement
Improvement Securities (Part 1)
Improvement Securities (Part 2)
Phase 2_Interim_Detention_Basin_Permit_Hold_Agreement with Exhibits

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