Agenda packet — Lake Forest City Council, December 5, 2023 (part 2 of 2)

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3 RESOLUTION 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, THAT THE

CITY COUNCIL FIND, PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT,

THAT LAND USE CHANGES TO THE NAKASE
PLANNED COMMUNITY (AKA: THE MEADOWS)

PROPOSED UNDER GENERAL PLAN AMENDMENT
“GPA” 06-23-5639 TO CHANGE THE PUBLIC

FACILITY LAND USE DESIGNATION TO LOW

DENSITY RESIDENTIAL, AND AREA PLAN
AMENDMENT 06-23-5640 TO CHANGE THE

SCHOOL SITE DESIGNATION TO NEIGHBORHOOD
6, INCLUDING ALL APPURTENANT TEXT, TABLES,

AND EXHIBITS, CONSISTENT WITH THE

ENVIRONMENTAL IMPACT REPORT
(SCH#2018071035) FOR THE NAKASE PLANNED

COMMUNITY CERTIFIED BY THE CITY COUNCIL ON
JANUARY 21, 2020, PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21166 AND STATE
CEQA GUIDELINES SECTION 15162
WHEREAS, on May 4, 2017, Rick Nelson of Toll Brothers, filed General Plan Amendment 05-17-5033 and Zone Change 05-17-5134, and on May 24, 2018, Area Plan 05-18-5166, and on August 28, 2019, Vesting Tentative Tract Map 18142 (VTTM 08-19-5302), and requested a Development Agreement for the development of the Nakase Nursery site as a Planned Community consisting of single-family units, senior affordable housing, a school site, parks, trails, and open space (collectively, the Project); and
WHEREAS, on January 21, 2020, the City Council approved the Project and certified the final environmental impact report (SCH#2018071035) and adopted a Statement of Overriding Considerations and Mitigation Monitoring Program; and
WHEREAS, the City of Lake Forest approved a Development Agreement with Toll Brothers West, Inc. (Applicant) on March 6, 2020, which defined the City’s and the Applicant’s obligations with respect to the development of approximately 126 acres of land located in the City (“Project”), including fees and dedication of land for park facilities and an 10-net acre school site; and Item: 13
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3 WHEREAS, on September 29, 2022, the Applicant offered SVUSD an Irrevocable Offer of Dedication (IOD) encompassing the 10-net acre school site; and
WHEREAS, on March 9, 2023, the SVUSD Board of Educated voted to decline the IOD; and
WHEREAS, in accordance with the Development Agreement between the Applicant and the City of Lake Forest, the school site reverted to the Applicant along with a vested right to build additional housing; and WHEREAS, as required by the Development Agreement, and at the Applicant’s request, the City will amend the General Plan land use designation from “Public Facility” to “Low Density Residential”, and amend the Area Plan from all references to “school site” to “Neighborhood 6”; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 require additional environmental review; and
WHEREAS, the proposed changes were assessed pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) When a project is modified after an EIR for the project has been certified, pursuant to State CEQA Guidelines section 15162, no subsequent EIR shall be prepared for that project unless:
1) Substantial project changes are proposed which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect.

2) Substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at Item: 13
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3 the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

WHEREAS, the proposed modifications will not result in any new environmental impacts, or substantially more severe environmental impacts, and therefore none of the circumstances identified in State CEQA Guidelines section 15162 have arisen. In addition, the proposed modifications would be required to comply with all mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) that was adopted in connection with the previous EIR. Therefore, the previously certified EIR serves as the environmental documentation for the project and the revised project is in compliance with the requirements of CEQA. Pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, no further environmental review is necessary.

WHEREAS, on July 20, 2023, the City gave public notice of the public hearing of the amendments to the Nakase Planned Community, including GPA 06-23-5639, and AP Amendment 06-23-5640 by advertisement in a newspaper of general circulation, and by posting a notice at City Hall, and by mailing a notice to owners of property located within 300 feet of the project site on July 20, 2023; and
WHEREAS, on August 3, 2023, the Planning Commission conducted a duly-noticed public hearing to consider the amendment to the Nakase Planned Community, at which hearing members of the public were afforded an opportunity to comment upon the GPA and AP amendments; and Item: 13
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3 WHEREAS, on august 3, 2023, the Planning Commission by a vote of 5-0 adopted a resolution recommending that the City Council find pursuant to the California Environmental Quality Act that land use changes to the Nakase Planned Community (aka: The Meadows) proposed under General Plan Amendment “GPA” 06-23-5639 to change the Public Facility land use designation to Low Density Residential, and Area Plan Amendment (“AP”) 06-23- 56 to change the school site designation to Neighborhood 6, including all appurtenant text, tables, and exhibits, consistent with the environmental impact report (sch#2018071035) for the Nakase Planned Community certified by the City Council on January 21, 2020, pursuant to public resources code section 21166 and state CEQA guidelines section 15162; and
WHEREAS, on August 17, 2023, the City gave public notice of the City Council public hearing for consideration of General Plan Amendment 06-23- 5639, and Area Plan Amendment 06-23-5640 by advertising in a newspaper of general circulation; by posting notices at City Hall and by mailing notices to owners of property within 300 feet; and
WHEREAS, On August 28, 2023, a Town Hall meeting was held at the City Hall campus to address the community’s concerns over SVUSD’s decision to reject the school site, thereby prompting a change in the school site’s land use designation and zoning from public facility to low density residential (2-7 du/ac); and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based on the oral and written evidence presented as well as the entirety of the administrative record for the Project, which is incorporated herein by this reference; and
WHEREAS, on September 5, 2023, the City Council conducted a duly noticed public hearing to consider General Plan Amendment 06-23-5639, and Area Plan Amendment 06-23-5640, at which hearing members of the public were afforded an opportunity to comment upon the project and at Staff’s and the applicant’s request, the City Council tabled the item so that tribal consultations in accordance with Senate Bill 18 could be conducted; and
WHEREAS, the City solicited input from 20 area wide Native American tribes. Only one, the Gabrieleno Band of Mission Indians – Kizh Nation, responded in support of the project without requesting a consultation; and Item: 13
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3 Whereas, On October 9, 2023, a second Town Hall meeting was held at the City Hall campus to address the community’s concerns over traffic, safety, and proposed industrial building development in the Pacific Commercentre Business complex; and
WHEREAS, on November 23, 2023, the City gave public notice of the City Council public hearing for consideration of General Plan Amendment 06-23- 5639, and Area Plan Amendment 06-23-5640 by advertising in a newspaper of general circulation; by posting notices at City Hall and by mailing notices to owners of property within 300 feet; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. RECITALS. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution (Attachment 1).

SECTION 2. COMPLIANCE WITH CEQA. The City Council has reviewed and considered the administrative record, including but not limited to the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) and finds that those documents taken together contain a complete and accurate reporting of all the environmental impacts associated with the project, including the General Plan Amendment and the Nakase Area Plan Amendment. The City Council further finds that the GPA and AP Amendment are in compliance with CEQA, the State CEQA Guidelines, and the City’s Local Guidelines. The City Council finds and determines that the GPA and AP Amendments reflect the City’s independent judgment.

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3 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and b) Will not result in substantial changes with respect to the circumstances under which the project, including the GPA and AP Amendment would require major revisions to the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
c) Does not present new information or substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) was certified or adopted, as applicable, showing any of the following: (i) that the project, including the GPA and AP Amendment would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

SECTION 4. CUSTODIAN OF RECORDS. The certified Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) is on file and available for public review at Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The City Clerk is the custodian of these documents.

SECTION 5. CITY COUNCIL ACTION. The City Council hereby takes the following action:

Determines the Final Environmental Impact Report (SCH
#2018071035) adequate for GPA 06-23-5639, and AP Amendment 06-23-5640 and finds that no additional environmental review is required pursuant to Section 21166 of the Public Resources Code and section 15162 of the State CEQA Guidelines.

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3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Forest, California, at a regular meeting of the City Council held on the 5th day of December 2023.
___________________________

DOUG CIRBO
MAYOR
ATTEST:
___________________________

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:
___________________________

MATTHEW RICHARDSON

CITY ATTORNEY
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3 STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Resolution No. 2023-______was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 5th day of December 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________

LISA BERGLUND, MPA

CITY CLERK
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Attachment 2
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RESOLUTION NO. 2023-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT (“GPA”) 06 -23-5639 AMENDING THE GENERAL

PLAN LAND USE DESIGNATION FOR THE SCHOOL SITE
(APN 612-221-10) LOCATED WITHIN THE NAKASE PLANNED
COMMUNITY (AKA: THE MEADOWS) WHICH IS LOCATED AT

THE SOUTHEAST CORNER OF BAKE PARKWAY AND

RANCHO PARKWAY FROM A PUBLIC FACILITY GENERAL

PLAN LAND USE DESIGNATION OF PUBLIC FACILITY TO A
GENERAL PLAN LOW DENSITY RES IDENTIAL (2-7 DU/AC);

FILED BY THE CITY OF LAKE FOREST ON BEHALF OF TOLL
BROTHERS WEST, INC. AND MAKING CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS
PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166
AND STATE CEQA GUIDELINES SECTION 15162.

WHEREAS, Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City; and

WHEREAS, on June 21, 1994, the City of Lake Forest adopted its General Plan, which has since been amended from time to time; and

WHEREAS, on May 4, 2017, Rick Nelson of Toll Brothers West, Inc., filed General Plan Amendment 05-17-5033 and Zone Change 05-17-5134, and on May 24, 2018, Area Plan 05-18-5166, and on August 28, 2019, Vesting Tentative Tract Map 18142 (VTTM 08-19-5302), and requested a Development Agreement for the development of the Nakase Nursery site as a Planned Community consisting of single-family units, senior affordable housing, a school site, parks, trails, and open space (collectively, the Project); and

WHEREAS, on January 21, 2020, the City Council approved the Project and certified the final environmental impact report (SCH#2018071035) and adopted a Statement of Overriding
Considerations and Mitigation Monitoring Program; and

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WHEREAS, the City of Lake Forest approved a Development Agreement with Toll Brothers West, Inc. (Developer) on March 6, 2020, which defined the City’s and the Applicant’s obligations with respect to the development of approximately 126 acres of land located in the City (“Project”), including fees and dedication of land for park facilities and an 10-net acre elementary school site; and

WHEREAS, on September 29, 2022, the Developer offered
Saddleback Valley Unified School District (SVUSD) an Irrevocable Offer of Dedication (IOD) encompassing the 10-net acre school site; and

WHEREAS, on March 9, 2023, the SVUSD Board of Education voted to decline the IOD; and

WHEREAS, in accordance with the Development Agreement
between the Developer and the City of Lake Forest, in the event that SVUSD rejects or fails to timely accept the IOD, Developer’s vested right shall include a vested right to construct additional low and medium density residential dwelling units on the school site, provided that the construction of units does not exceed the density established by the residential designation approved for the school site as set forth in the Nakase Area Plan; and

WHEREAS, the Nakase Area Plan permits construction of medium density residential use (15-25 du/acre) at the school site in the event SVUSD does not accept the conveyance of the school site; and

WHEREAS, the Nakase Area Plan limits the maximum number of units to those specified in Table 2.1 of the Area Plan, and mandates that in no event will the Project exceed 675 units and 101 rental affordable units; and

WHEREAS, in conformity with the Development Agreement, and at the Applicant’s request, the City has initiated a General Plan Amendment (“GPA”) 06-23-5639 to amend the school site’s General Plan land use designation from “Public Facility” to “Low Density Residential” (2-7 du/ac); and

WHEREAS, the Project will also amend the Nakase Area Plan under Area Plan (“AP”) 06-23-5640 to replace the school site with a new residential neighborhood, Neighborhood 6, and allow single-family residential development at a density of 2-7 du/ac; and
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WHEREAS, GPA 06-23-5630 together with AP 06-23-5640 shall not exceed the total 675 single-family units analyzed and approved for the Meadows Residential Community, and

WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 require additional environmental review; and
WHEREAS, the proposed changes were assessed pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.). When a project is modified after an EIR for the project has been certified, pursuant to State CEQA Guidelines section 15162, no subsequent EIR shall be prepared for that project unless:

1) Substantial project changes are proposed which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect.

3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:

(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;

(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
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(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

WHEREAS, the proposed modifications will not result in any new environmental impacts, or substantially more severe environmental impacts, and, therefore, none of the circumstances identified in State CEQA Guidelines section 15162 have arisen. In addition, the proposed modifications would be required to comply with all mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) that was adopted in connection with the previous EIR. Therefore, the previously certified EIR serves as the environmental documentation for the project and the revised project is in compliance with the requirements of CEQA.

Pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, no further environmental review is necessary; and

WHEREAS, on July 20, 2023, the City gave public notice of the public hearing of the amendments to the Nakase Area Plan, including GPA 06-23-5639, and AP 06-23-5640 by advertisement in a newspaper of general circulation, posted the public notice at City Hall; and

WHEREAS, on August 3, 2023, the Planning Commission
conducted a duly noticed public hearing to consider the amendment to the Nakase Planned Community, at which hearing members of the public were afforded an opportunity to comment upon the GPA and AP amendments; and

WHEREAS, on August 3, 2023, the Planning Commission by a vote of 5-0 adopted a resolution recommending that the City Council find pursuant to the California Environmental Quality Act that land use changes to the Nakase Planned Community (aka: The Meadows) proposed under General Plan Amendment “GPA” 06-23-5639 to change Item: 13
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the Public Facility land use designation to Low Density Residential, and Area Plan Amendment (“AP”) 06-23-56 to change the school site designation to Neighborhood 6, including all appurtenant text, tables, and exhibits, consistent with the environmental impact report (sch#2018071035) for the Nakase Planned Community certified by the City Council on January 21, 2020, pursuant to public resources code section 21166 and state CEQA guidelines section 15162; and
WHEREAS, On August 28, 2023, a Town Hall meeting was held at the City Hall campus to address the community’s concerns over SVUSD’s decision to reject the school site, thereby prompting a change in the school site’s land use designation and zoning from public facility to low density residential (2-7 du/ac); and

WHEREAS, on September 5, 2023, the City Council conducted a duly noticed public hearing to consider General Plan Amendment 06-23- 5639, and Area Plan Amendment 06-23-5640, at which hearing members of the public were afforded an opportunity to comment upon the project and at Staff’s and the applicant’s request, the City Council tabled the item so that tribal consultations in accordance with Senate Bill 18 could be conducted; and

WHEREAS, the City solicited input from 20 area wide Native American tribes. Only one, the Gabrieleno Band of Mission Indians – Kizh Nation, responded in support of the project without requesting a consultation; and

Whereas, on October 9, 2023, a second Town Hall meeting was held at the City Hall campus to address the community’s concerns over traffic, safety, and a proposed industrial building development in the Pacific Commercentre Business complex; and

WHEREAS, on November 23, 2023, the City gave public notice of the City Council public hearing for consideration of General Plan Amendment 06-23-5639, and Area Plan Amendment 06-23-5640 by advertising in a newspaper of general circulation; by posting notices at City Hall and by mailing notices to owners of property within 300 feet; and

WHEREAS, the findings and conclusions made by the City Council in this Resolution are based on the oral and written evidence presented as well as the entirety of the administrative record for the Project, which is incorporated herein by this reference; and
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WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE

FOREST DOES RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:

SECTION 1. RECITALS. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. COMPLIANCE WITH CEQA. The City Council has
reviewed and considered the administrative record, including but not limited to the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) and finds that those documents taken together contain a complete and accurate reporting of all the environmental impacts associated with the project, including the General Plan Amendment and the Nakase Area Plan Amendment. The City Council finds that the General Plan Amendment in compliance with CEQA, the State CEQA Guidelines, and the City’s Local Guidelines. The City Council further finds and determines that the General Plan Amendment reflects the City’s independent judgment.

SECTION 3. FINDINGS REGARDING ENVIRONMENTAL IMPACTS.

Based on the substantial evidence set forth in the administrative record, including but not limited to the Nakase Nursery/Toll Brothers Project Final EIR (SCN#2018071035) the City Council finds that no further environmental review is required under CEQA pursuant to State CEQA Guidelines section 15162 because the project, including the Development Agreement Amendment and the Nakase Nursery/Toll Brothers Project Area Plan Amendment:

a) Will not result in substantial changes that would require major revisions to the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and

b) Will not result in substantial changes with respect to the circumstances under which the project, including the GPA, would require major revisions to the Nakase Nursery/Toll Brothers Project Item: 13
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Final EIR (SCH #2018071035) due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and

c) Does not present new information or substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) was certified or adopted, as applicable, showing any of the following: (i) that the project, including the GPA, would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

SECTION 4. CUSTODIAN OF RECORDS: The
General Plan Amendment, Final EIR (SCH No. 2018071035), and all supporting documents are on file and available for public review at the Planning Division, Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California, 92630. The Director of Community Development is the custodian of these documents.

SECTION 5. GENERAL PLAN CONSISTENCY: Based on the
entire record before the City Council and all written and oral evidence presented, the City Council finds that the attached General Plan Amendment is in the public’s interest and results in substantial community benefits because it meets and facilitates the fulfillment of many of the City’s adopted General Plan “Issues, Goals and Policies” for each individual element, as described below and in the resolution adopting the General Plan Amendment that is attached to this resolution as Exhibit “A.”

1. The City of Lake Forest has officially adopted a General Plan.

2. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, Item: 13
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policies, general land uses, and programs specified in the General Plan, for the following reasons:

a) The General Plan Amendment is internally consistent with itself because the amendment to the Land Use Element interrelates with all the other General Plan Elements and comprises a unified approach to allowing certain development to occur.

b) The General Plan Amendment complies with Policy LU-1.1 of the Land Use Element to promote high quality in the design of all public and private development projects because the development permitted by the General Plan Amendment will be subject to the City’s typical design review procedures.

c) The General Plan Amendment complies with Policy LU-1.5 of the Land Use Element to expand the range of housing types and density ranges to meet the diverse demographic, economic, and social needs of the community to ensure that new development fits within the existing setting and is compatible with the physical characteristics of available land, surrounding land uses, and public infrastructure availability because the development permitted by the General Plan Amendment adds to the mix of housing types consistent with those previously permitted.

d) The General Plan Amendment complies with Policy LU-2.1 of the Land Use Element to ensure that new development fits within the existing community setting and is compatible with surrounding land uses and public infrastructure availability.

e) The General Plan Amendment complies with Policy LU-2.5 of the Land use Element to require new development projects achieve visual compatibility with surrounding development through building, site, or design techniques, such as landscaping and architectural design, to achieve visual compatibility.

f) The General Plan Amendment complies with Policy 1.1 of the Housing Element to ensure the provision of a variety of housing opportunities in Lake Forest, because the General Plan Amendment adds to the mix of housing types consistent with those previously permitted.

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g) The General Plan Amendment complies with Policies PF-1.1, PF-

2.1, PF-2.2, and PF -3.1 of the Public Facilities Element to work with providers of water, sewer, energy, communications services, and public safety services to meet community needs for facilities and services, because the Orange County Fire Authority, Orange County Sheriff’s Department, and Irvine Ranch Water District have been made aware of the development allowed under General Plan Amendment 06-23-5639, including development of the Property, and the developers will be required to comply with the City’s development standards, which require close coordination with providers of utility services.

h) The General Plan Amendment complies with Policy PF-9.2 of the Public Facilities Element to continue to engage Saddleback Valley Unified School District in the environmental review process for land use changes so that they can provide adequate educational opportunities for all students in a timely manner in accordance with the pace of residential development. The Saddleback Valley Unified School District was offered the Property for a new elementary school. In declining the offer, Saddleback Valley Unified School District determined that its existing school facilities can already accommodate the impacts of new students who will reside on the Property.

i) The General Plan Amendment complies with Policy HW-3.1 of the Health and Wellness Element to support neighborhoods that sustain physical and mental health, create a sense of community, foster safe public spaces, and support lifecycle housing opportunities. There are over 24 acres of parks, open space, and trails in the overall development and other community amenities such as swimming pools and a community center that will be available for the new residents of Neighborhood 6.

j) The General Plan Amendment complies with Policy PS-1.1 of the Public Safety and Noise Element to reduce the risk of impacts from geologic and seismic hazards, because the development of the Property will be required to comply with the latest building codes and statutes regarding seismic hazards, including but not limited to the Alquist-Priolo Special Studies Zones Act and the Seismic Hazards Mapping Act, and because subdivision of the Property will be subject Item: 13
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to the requirement in Section 7.08.150 of the Lake Forest Municipal Code that geological hazards be removed or controlled.

k) The General Plan Amendment complies with Policy PS-3.1 of the Safety Element to protect the community from flooding hazards, because subdivision of the Property will be subject to the requirement in Section 7.08.150 of the Lake Forest Municipal Code that flood hazards be removed or controlled, and the comprehensive flood damage prevention and floodplain management requirements in Chapter 8.70 of the Lake Forest Municipal Code.

l) The General Plan Amendment complies with Policies PS-6.1, PS-

6.2, PS-6.3, and PS-6.4 of the Safety Element to use noise/land use compatibility standards as a guide for future planning and development decisions and provide noise control measures in areas of new construction, because noise impacts from development of the Property have been analyzed as part of the EIR for the Project and will be further analyzed in any subsequent CEQA analysis, to the extent necessary, for the Property, and suitable mitigation measures have been and will be required and included in a Mitigation Monitoring Program applicable to development of the Property.

3. The land uses allowed by the General Plan Amendment will not adversely affect the public health, safety, and welfare in that the General Plan Amendment does not create nonconformities between the land uses allowed on the Property and land uses within other areas of the City.

SECTION 6. CITY COUNCIL ACTIONS. The City Council
hereby approves General Plan Amendment 06-23-5639, as indicated in the attached Resolution (Attachment 1), and attached Exhibit “A”, as follows:

1. Subject to compliance with the Mitigation Monitoring Program in the Final Environmental Impact Report, and upon satisfaction of the conditions precedent set forth in Subsection A below, the Land Use Element of the General Plan shall be amended to read as set forth in Exhibit A.

A. General Plan Amendment (“GPA”) 06-23-5639 shall not take effect unless and until, Area Plan Amendment (“AP”) 06-23-5640 are each approved by the City Council, and the associated revisions to the Nakase Item: 13
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Area Plan are made by the Applicant prior to submittal of any subsequent development entitlement applications including a Tentative Tract Map and Site Development Permit for development in (new) Neighborhood 6.

SECTION 7. EXECUTION OF RESOLUTION: The Mayor
shall sign this Resolution and the City Clerk shall attest and certify the passage and adoption thereof.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Forest, California, at a regular meeting of the City Council held on the 5th day of December 2023.

________________________

DOUG CIRBO
MAYOR

ATTEST:

___________________________

LISA BERGLUND, MPA

CITY CLERK

APPROVED AS TO FORM:

___________________________

MATTHEW RICHARDSON

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )

I, Lisa Berglund, City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Resolution No. 2023-______was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 5th day of December 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

________________________

LISA BERGLUND, MPA

CITY CLERK

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5 2
8 0
5 Attachment 3
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09959.00000\41486228.4
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST APPROVING AREA PLAN AMENDMENT (“AP”) 06-23-5639
AMENDING AP 05-18-5166 TO REPLACE ALL REFERENCES TO

THE SCHOOL SITE LOCATED WITHIN THE MEADOWS
RESIDENTIAL COMMUNITY (AKA: THE NAKASE PLANNED

COMMUNITY ) LOCATED AT THE SOUTHEAST CORNER OF BAKE

PARKWAY AND RANCHO PARKWAY TO REFERENCE A NEW
RESIDENTIAL NEIGHBORHOOD, NEIGHBORHOOD 6, ADD

REFERENCES AS APPLICABLE THROUGHOUT THE DOCUMENT
TO LOW DENSITY RESIDENTIAL; CHANGE TABLES AND EXHIBITS

ACCORDINGLY, AND REDESIGNATE THE PUBLIC STREETS THAT

WOULD HAVE PROVIDED ACCESS TO THE SCHOOL SITE,
INCLUDING ALL OF EMY WAY (“A” STREET) TO A PORTION OF
GREENLEAF (“B” STREET), A PORTION OF GREEN LEAF (“B”
STREET) FROM EMY WAY (STREET“A”) TO LASSEN STREET TO

RANCHO PARKWAY SOUTH, AND ALL OF LASSEN STREET
(“BB” STREET) TO P RIVATE STREETS; FILED BY THE CITY OF LAKE FOREST ON BEHALF OF TOLL BROTHERS WEST, INC., AND

MAKING CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION
21166 AND STATE CEQA GUIDELINES SECTION 15162
WHEREAS, on May 24, 2018, Rick Nelson of Toll Brothers, filed an application for an Area Plan (AP 05-18-5166) establishing guidelines for the future development of the Nakase Planned Community consisting of approximately 122 acres located at 20261 Lake Forest Drive and bounded on the northwest by Bake Parkway, on the northeast by Rancho Parkway, on the southeast by the Serrano Creek Trail, and on the southwest by commercial, industrial, and office uses, with Dimension Drive beyond (the Property); and
WHEREAS, the Area Plan is one of several development applications that were filed concurrently for Planning Commission and City Council consideration, including a General Plan Amendment (GPA 05-17-5033), Zone Change (ZC 05- 17-5034, Nakase Development Agreement and Vesting Tentative Tract Map 18142 (VTTM 08-19-5302) (collectively, the Project); and WHEREAS, the Area Plan established the regulations and development standards for the Nakase Planned Community comprising a maximum of 776 units, including 675 attached and detached single-family residential units within five separate neighborhoods, and 101 affordable residential units, including senior affordable apartments, and permanent supportive housing units; a 10-net acre Item: 13
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elementary school site, seven neighborhood private parks open for public use, including five mini neighborhood parks, each within five separate neighborhoods, trails and open space; and
WHEREAS, the Project, including Area Plan 05-18-5166, was considered a “project” pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, on January 21, 2020, the City Council approved The Project and certified the final environmental impact report (SCH#2018071035) and adopted a Statement of Overriding Considerations and Mitigation Monitoring Program; and
WHEREAS, on March 6, 2020, the City of Lake Forest approved a Development Agreement with Toll Brothers West, Inc. (Developer) which defined the City’s and the Applicant’s obligations with respect to the development of approximately 126 acres of land located in the City (“Project”), including fees and dedication of land for park facilities and an 10-net acre school site; and WHEREAS, on September 29, 2022, in accordance with the Project, the Applicant offered Saddleback Valley Unified School District (“SVUSD” an Irrevocable Offer of Dedication (IOD) encompassing a 10-net acre school site; and
WHEREAS, on March 9, 2023, the SVUSD Board of Education voted to decline the IOD; and
WHEREAS, on July 15, 2023, as recorded by the Orange County Clerk- Recorder’s Office on July 20, 2023, as document number 2023000175011, SVUSD rejected to IOD recorded on January 11, 2023, as instrument number 2023000008318 from Developer (grantor) to SVUSD (grantee); and WHEREAS, in accordance with the Development Agreement between the Developer and the City of Lake Forest, in the event the SVUSD rejects of fails to timely accept the IOD, Developer’s vested right shall include a vested right to construct additional low and medium density residential dwelling units on the school site, provided that the construction of units does not exceed the density established by the residential designation approved for the school site as set forth in the Nakase Area Plan; and
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WHEREAS, the Nakase Area Plan permits construction of up to medium density residential use (15-25 du/acre) at the school site in the event SVUSD does not accept the conveyance of the school site; and
WHEREAS, the Nakase Area Plan limits the maximum number of units to those specified in Table 2.1, and mandates that in no event will the Project exceed 675 units and 101 rental affordable units; and
WHEREAS, in conformity with the Development Agreement, and at the Applicant’s request, the City has initiated a General Plan Amendment (“GPA”) 06- 23-5639 to amend the school site’s General Plan land use designation from “Public Facility” to “Low Density Residential” (2-7 du/ac); and also amend the Nakase Area Plan under Area Plan (“AP”) 06-23-5640 to replace all references to a school site with a new residential neighborhood, Neighborhood 6; and WHEREAS AP 06-23-5640, should the City Council approve GPA 06-23- 5639, would allow low density single-family units (2-7 du/ac) within Neighborhood 6 provided the total number of single-family units within The Meadows does not exceed the total 675 single-family units analyzed and approved for The Meadows Residential Community, and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 require additional environmental review; and
WHEREAS, the proposed changes were assessed pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.). When a project is modified after an EIR for the project has been certified, pursuant to State CEQA Guidelines section 15162, no subsequent EIR shall be prepared for that project unless:
1) Substantial project changes are proposed which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect.

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2) Substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

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WHEREAS, on July 20, 2023, the City gave public notice of the public hearing of the amendments to the Nakase Area Plan, including GPA 06-23-5639, and AP 06-23-5640 by advertisement in a newspaper of general circulation, posted the public notice at City Hall; and
WHEREAS, on August 3, 2023, the Planning Commission conducted a duly-noticed public hearing to consider the amendment to the Nakase Planned Community, at which hearing members of the public were afforded an opportunity to comment upon the GPA and AP amendments; and
WHEREAS, on August 3, 2023, the Planning Commission by a vote of 5-0 adopted a resolution recommending that the City Council find pursuant to the California Environmental Quality Act that land use changes to the Nakase Planned Community (aka: The Meadows) proposed under General Plan Amendment “GPA” 06-23-5639 to change the Public Facility land use designation to Low Density Residential, and Area Plan Amendment (“AP”) 06-23-56 to change the school site designation to Neighborhood 6, including all appurtenant text, tables, and exhibits, consistent with the environmental impact report (sch#2018071035) for the Nakase Planned Community certified by the City Council on January 21, 2020, pursuant to public resources code section 21166 and state CEQA guidelines section 15162; and
WHEREAS, on August 17, 2023, the City gave public notice of the City Council public hearing for consideration of General Plan Amendment 06-23-5639, and Area Plan Amendment 06-23-5640 by advertising in a newspaper of general circulation; by posting notices at City Hall and by mailing notices to owners of property within 300 feet; and
WHEREAS, On August 28, 2023, a Town Hall meeting was held at the City Hall campus to address the community’s concerns over SVUSD’s decision to reject the school site, thereby prompting a change in the school site’s land use designation and zoning from public facility to low density residential (2-7 du/ac); and
WHEREAS, on September 5, 2023, the City Council conducted a duly noticed public hearing to consider General Plan Amendment 06-23-5639, and Area Plan Amendment 06-23-5640, at which hearing members of the public were afforded an opportunity to comment upon the project and at Staff’s and the applicant’s request, the City Council tabled the item so that tribal consultations in accordance with Senate Bill 18 could be conducted; and
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WHEREAS, the City solicited input from 20 area wide Native American tribes. Only one, the Gabrieleno Band of Mission Indians – Kizh Nation, responded in support of the project without requesting a consultation; and Whereas, on October 9, 2023, a second Town Hall meeting was held at the City Hall campus to address the community’s concerns over traffic, safety, and a proposed industrial building development in the Pacific Commercentre Business complex; and
WHEREAS, on November 23, 2023, the City gave public notice of the City Council public hearing for consideration of General Plan Amendment 06-23-5639, and Area Plan Amendment 06-23-5640 by advertising in a newspaper of general circulation; by posting notices at City Hall and by mailing notices to owners of property within 300 feet; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based on the oral and written evidence presented as well as the entirety of the administrative record for the Project, which is incorporated herein by this reference; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. RECITALS. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. COMPLIANCE WITH CEQA. The City Council has reviewed and considered the administrative record, including but not limited to the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) and finds that those documents taken together contain a complete and accurate reporting of all the environmental impacts associated with the project, including the General Plan Amendment and the Nakase Area Plan Amendment. The City Council finds that the General Plan Amendment in compliance with CEQA, the State CEQA Guidelines, and the City’s Local Guidelines. The City Council further finds and Item: 13
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determines that the General Plan Amendment reflects the City’s independent judgment.

SECTION 3. FINDINGS REGARDING ENVIRONMENTAL IMPACTS. Based on the substantial evidence set forth in the administrative record, including but not limited to the Nakase Nursery/Toll Brothers Project Final EIR (SCN#2018071035) the City Council finds that no further environmental review is required under CEQA pursuant to State CEQA Guidelines section 15162 because the project, including the Development Agreement Amendment and the Nakase Nursery/Toll Brothers Project Area Plan Amendment:
a) Will not result in substantial changes that would require major revisions to the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and b) Will not result in substantial changes with respect to the circumstances under which the project, including the GPA, would require major revisions to the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
c) Does not present new information or substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Nakase Nursery/Toll Brothers Project Final EIR (SCH #2018071035) was certified or adopted, as applicable, showing any of the following: (i) that the project, including the GPA, would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

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SECTION 4. CUSTODIAN OF RECORDS: The
General Plan Amendment, Final EIR (SCH No. 2018071035), and all supporting documents are on file and available for public review at the Planning Division, Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California, 92630. The Director of Community Development is the custodian of these documents.

SECTION 5. FINDINGS. Based on consideration of the entire record before it, the Lake Forest City Council hereby finds as follows:

1. General Plan: The Project will be consistent with the General Plan, as amended by GPA 06-23-5639.

Under General Plan Amendment 06-23-5639, the Property has a General Plan land use designation of Low Density Residential allowing for the development of a low-density single-family units on 11.5 gross acres (10 net acres). The Nakase Area Plan amendment (“AP”) 06-23-5640 proposes a development scenario within the low density residential (2-7 du/ac) designation and is therefore, consistent with the General Plan land use designations.

The Area Plan is consistent with numerous policies within the General Plan, including Goal LU-2, and Policies LU-1.1, and LU-2.1; Goal LU-3 and Policies LU-3.1, LU-3.3, LU-3.4 and LU-3.6 which generally recommend that new developments be compatible with the community and that developments fit within their settings and ensure that necessary services can be provided. The Area Plan is a framework for the implementation of the applicable General Plan policies. The Area Plan contains a community vision statement, development regulations, design guidelines, and policies which guide the growth of the project site in a manner which is consistent with the General Plan.

2. Zoning Code: The use, activity, or improvement(s) proposed by the application is consistent with the provisions of the Zoning Code and/or Planned Community Text.

The Property is located within the Nakase Planned Community and is, therefore, governed by both the Zoning Ordinance and the Nakase Area Plan which also serves as the Nakase Planned Community Text. The Area Plan has been reviewed by City staff and found that once it is amended in accordance with GPA 06-23-5639, and AP 06-23-5640, will be in compliance Item: 13
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with the applicable zoning regulations. The Area Plan includes additional and refined development standards that provide guidance to housing products. The Area Plan contains landscaping and residential design guidelines and establishes development standards and regulations for development.

3. CEQA: The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act.

The City Council certified a Final Environmental Impact Report (“EIR”) (SCH #2018071035) for the Nakase Nursery Planned Community (The Meadows) on January 21, 2020. The project modifications were assessed pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) When a project is modified after an EIR for the project has been certified, pursuant to State CEQA Guidelines section 15162, no subsequent EIR shall be prepared for that project unless:
1) Substantial project changes are proposed which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect.
2) Substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information or substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or adopted, as applicable, showing any of the following: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

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The proposed modifications will not result in any new environmental impacts, or substantially more severe environmental impacts, and therefore none of the circumstances identified in State CEQA Guidelines section 15162 have arisen. In addition, the proposed modifications would be required to comply with all mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) that was adopted in connection with the previous EIR. Therefore, the previously certified EIR serves as the environmental documentation for the project and the revised project is in compliance with the requirements of CEQA. Pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, no further environmental review is necessary. The previously certified EIR is on file and available for public review at the Planning Division, Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630.

4. Compatibility: The location, size, design and operating characteristics of the proposed use will not create significant noise, traffic, or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity.

The Area Plan includes provisions guiding the location, design, size, and operating characteristics of the future development in a manner that is consistent with the General Plan and will ensure that the future community will not cause negative noise, traffic, or other objectionable conditions. The Area Plan includes provisions for an on-site circulation system, such as streets and sidewalks, to be developed to the City standards. The Area Plan requires the use of Conditions, Covenants, and Restrictions (CC&Rs) to provide for maintenance of future common areas and regulations to guarantee a consistent quality of life.

5. General Welfare: The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

The Area Plan ensures that all future projects will be in compliance with all applicable State, County, and City design, building, and other safety related laws, codes, and regulations. The Area Plan reflects the policies of the General Plan and complies with the Municipal Code thereby establishing its consistency with City regulatory documents. The Area Plan contains numerous additional provisions to ensure that the future community does not create conditions or circumstances contrary to the public health and safety and the general welfare.

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6. Development Fees for Provision of Public Facilities. The Area Plan amendment would not allow development of a project which would contribute to the need for the facility for which a fee is required.

Per the executed Development Agreement and applicable City and County regulations, the developer is required to pay development impact fees in conjunction with the Project. Therefore, the fees associated with any facilities would be paid by the developer prior to issuance of building permits or as otherwise specified by the Development Agreement and/or conditions of approval.

7. The project has been reviewed in accordance with Citywide Design Guidelines and is consistent with the purpose and intent of the guidelines.

The Citywide Design Guidelines acknowledges that Planned Community project sites will be governed by design guidelines which have been included within a respective Area Plan for that site. The Nakase Project Area Plan includes architectural and landscape design guidelines which are consistent with the vision statement in the Citywide Design Guidelines and as such, will be implemented in a manner consistent with the purpose and intent of the guidelines.

SECTION 6. CITY COUNCIL ACTIONS. Based on the staff report, all written and oral comments and testimony presented to the City Council, the entire administrative record, and the aforementioned findings, the City Council approves Area Plan 06-23-5640 subject to the following conditions:

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CONDITIONS OF APPROVAL
AREA PLAN AMENDMENT 06-23-5640, NAKASE PLANNED COMMUNITY

INDEMNIFICATION

1. The applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.

GENERAL

2. Within five (5) business days of the approval of the Project by the City Council, the applicant shall deliver to the Development Services Department a check payable to the County Clerk, in the amount of fifty dollars ($50.00) for the County administrative filing fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. (PLNG )

3. The Area Plan shall be maintained in substantial compliance as that approved by the City Council on January 20, 2021, and on file with the City of Lake Item: 13
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Forest Community Development Department. Minor modifications or changes to the Area Plan shall be processed as stated within the Development Agreement or within the Area Plan. (PLNG )

4. The developer shall comply in all respects with all terms and conditions of the Development Agreement, as recorded by the Orange County Clerk- Recorder’s Office on April 14, 2020, as document number 2020000168385, and Implementation Agreements dated March 26, 2020. (City Attorney ) (PLNG )

5. The approval of this Area Plan Amendment (AP #06-23-5640) permits the development of low-density single-family units within Neighborhood 6 formerly referred to under AP #05-18-5166 as an 11.5-gross acre (10-net acre) school site and designated public facility on the General Plan Land Use Map. The single-family low-density units permitted in Neighborhood 6 shall not exceed the total 675 single-family units analyzed and approved for The Meadows Residential Community which is located at the southeast corner of Bake and Rancho Parkways. (PLNG )

6. Approval of this Area Plan shall not be interpreted to supplant or supersede, or to render inapplicable by omission of notice of non-compliance with, any provisions of the Development Agreement for the Project. (PLNG )

7. The Area Plan is intended as a document to guide the growth of a geographical area. Should any of the provisions of this Area Plan conflict with the City of Lake Forest land use regulations or development standards, the requirements of this Area Plan shall prevail. Any aspect of land use regulations or development standards not addressed in this Area Plan, subsequent plan approvals, and/or the Nakase Property Planned Community Regulations shall be regulated by the applicable sections of the Lake Forest Zoning Ordinance.

8. Development of the Property detailed in the Area Plan is contingent upon and shall not take effect unless and until City Council approval of General Plan Amendment 06-23-5639.

9. Per the Development Agreement the project proposed in Neighborhood 6 is subject to a Tentative Tract Map and Site Development Permit reviewed and approved by the Planning Commission.

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10. Prior to the submittal of a Tentative Tract Map and/or Site Development Permit application for the newly created Neighborhood 6, Toll Brothers West, Inc., or its designee shall amend Area Plan 05-18-5166 for consistency with all applicable changes initiated by Area Plan Amendment #06-23-5640, as listed in attached Exhibit A. PLNG )

11. The development of the Property detailed in the Area Plan Amendment (AP 06-23-5640) shall be in accordance with any and all conditions associated with General Plan Amendment 05-17-5033, Zone Change 05-17-5034, Nakase Development Agreement, Vesting Tentative Tract Map 18142 (VTTM 08-19-5302) and mitigation measures from the Nakase Project EIR (SCH #2018071035).

SECTION 7. EXECUTION OF RESOLUTION: The Mayor shall sign this Resolution and the City Clerk shall attest and certify the passage and adoption thereof.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Forest, California, at a regular meeting of the City Council held on the 5th day of December 2023.

DOUG CIRBO
MAYOR
ATTEST:

LISA BERGLUND, MPA

CITY CLERK
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APPROVED AS TO FORM:

MATTHEW RICHARDSON

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2023-____ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 5th day of December 2023, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

LISA BERGLUND, MPA

CITY CLERK
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Agenda of December 5, 2023
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EXHIBIT A
Amendments Required to Area Plan 05-18-5166
Area Plan Section Amendment Required

1.2 Remove reference to elementary school.

1.3 Remove reference to elementary school.

1.4 Update Project Background to be consistent with AP
Amendment.

1.5 Revise Exhibit to replace (blue) public facility land use designation with (light yellow) school site with
Neighborhood 6 (Low Density Residential).

1.6 B Revise Exhibit to replace (blue) Elementary School site with Neighborhood 6, Traditional Single-Family 2-3
story 55 x 88 lots

2.1 Revise Exhibit to replace school site with
Neighborhood 6.

Add 2.3.3 Add Neighborhood 6, and indicate the neighborhood is low density (2-5 du/ac) and includes single-family units on the 10-net acre site. Provide representative
graphics
Table 2.1 Revise to include Neighborhood 6; revise notes to indicate low density residential 2-5 Du/Ac

2.3.4 Revise the discussion on the elementary school to indicate it was offered to the Saddleback School
Unified District, but the offer was declined on March 9, 2023, by the Saddleback School District Board of
Directors.

2.3.6 Revise the discussion on Circulation to omit the school site.

Exhibit 2.2 Revise exhibit to replace the school site with Neighborhood 6.

Table 2.2 Revise site acreage allocations to remove the reference to the school site, and instead add 10 net
acres to the residential neighborhoods for a total of 61 Item: 13
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acres. Remove the footnote related to the school site.

Section 2.3.7 Amend language in the Land Use Summary to include six neighborhoods. Add a discussion on Low Density
prior to the discussion on Low Medium Density.

Exhibit 2.3 Replace school site with Neighborhood 6.

Replace the Land Use Statistics Table to include the
maximum number of units allowed in Neighborhood 6
given its acreage (gross acres) and its land use
designation (2-7 Du/Ac).

Section 2.3.8 Remove reference to schools.

Section 2.4 Revise to include language related to six residential neighborhoods and remove all references to the school
site and elementary school.

Table 2.4 Add under New Single-Family Neighborhoods (N1-N6) Section 3.2 Revise grading concept to accommodate
Neighborhood 6, as needed.

Exhibit 3.4 Replace reference to school site with Neighborhood 6.

Exhibit 3.5 Replace refence to school site with Neighborhood 6.

Section 4.2
Replace refences to school site and school access
with Neighborhood 6.

Exhibit 4.1 Replace all private streets (Street BB and a portion of A and B Streets) with private streets: A and B become
private collectors, and BB becomes a private
neighborhood street.

Section 4.3 Replace references to the school site with
Neighborhood 6.

Section 4.3.1 Bottom paragraph: reword to identify all streets as private and remove reference to the school.

Exhibit 4.6 Section A1-A1 remove reference to school and replace “varies – school zone” with “varies – private yard”.

Exhibit 4.8 Section B4-B4 – remove reference to school and replace “varies – school zone” with “varies – private
yard”.

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Exhibit 4.11A Section BB1-BB1 – remove reference to school and replace “varies – school zone” with “varies–private
yard”.

Exhibit 4.12 Replace reference to school site and replace it with reference to neighborhood 6.

Exhibit 4.14 Replace reference to school site and replace it with reference to neighborhood 6.

Section 4.3.4 Replace refence to school site and reconsider the installation of rectangular rapid flashing beacons
(RRFBs) at two key locations aimed at serving the
school
Exhibit 4.16 Reconsider the installation of RRFB, as shown.

Exhibit 4.17 Remove reference to “public” collector street and indicate it is private; consider allowing parking.

Exhibit 4.18 Replace school site with neighborhood 6.

Exhibit 4.20 Replace school site with neighborhood 6.

Exhibit 5.3 Replace school site with Neighborhood 6.

Exhibit 5.4 Replace school site with Neighborhood 6.

Exhibit 5.5 Replace school site with Neighborhood 6.

Exhibit 5.6 Replace school site with Neighborhood 6.

Exhibit 5.7 Replace school site with Neighborhood 6.

Exhibit 6.1 Replace school site with Neighborhood 6.

Exhibit 6.9 Replace school site with Neighborhood 6.

Exhibit 7.1 Replace school site with Neighborhood 6.

Exhibit 7.6 Replace school site with Neighborhood 6 (color the background the same as low density residential).

Exhibit 7.8 Replace school site with Neighborhood 6.

Section 7.4.3.2 Add Neighborhood 6 to the discussion on articulation when a third-story option is offered (Page 143 of the
Nakase Area Plan).

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Section 7.4.11 Add Neighborhood 6 as low-density single-family units (“Applicant to select name”).

After Section

7.4.11.5.1 Add Section 7.4.11.6, include a site plan layout and graphics for the Neighborhood 6 units.

Section 7.5, Table

7.1 (3 pages)
Revise to include site development standards for
Neighborhood 6.

Section 7.8 Eliminate sections Exhibits 7.24, 7.25, 7.81, Table 7.3, Section 7.82 since elementary school is being replaced
by Neighborhood 6. Retain Section 7.8.3 but indicate
“In the event SVUSD does not accept the conveyance
of the school site pursuant to the mitigation agreement, low density residential use (2-5 du/acre) – instead of
medium density residential use (15-25 du/acre) will be
permitted on this parcel….”
Exhibit 8.1 Add a Section showing the landscaping along Neighborhood 6 and Bake Parkway, and Rancho
Parkway.

Exhibit 8.3 Add the new Neighborhood 6 in the inset map; change the existing Neighborhood 6 to Senior Housing.

Exhibit 10.1 Replace school site with Neighborhood 6.

Exhibit 10.2 Replace school site with Neighborhood 6.

Exhibit 10.3 Replace school site with Neighborhood 6.

Section 11.2.1 Eliminate elementary school site discussion on Page 237 of the Nakase Area Plan.

Appendix A, Section
A.4, 5th paragraph
Revise this paragraph to indicate that all streets,
including “BB” Street, “A” Street from Bake to “B”
Street, and “B” Street from Rancho Parkway to “A”
Street, while open to the public, shall be constructed
by the developer as private streets and maintained by
the HOA.

Table A.1 Replace the section on “Public Streets” and include it under “Private Streets”
Table A.2 Revise this table to remove the school site; Indicate “Public Streets” are private and their maintenance is
the responsibility of the HOA.

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Pg. 249 of the
Nakase Area Plan
Revise to include the Storm Drain as the ONLY City of
Lake Forest Maintained Facility. (Streets “BB”, “A”, “B”, are private and will be maintained by the HOA as
indicted under “Homeowner Association Maintained
Facilities.”
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Attachment 4
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Planning Commission Agenda Report
Meeting Date: August 3, 2023
Department: Community Development
INITIATED BY: Marie Luna, Senior Planner

SUBMITTED BY: Gayle Ackerman, AICP, Director of Community Development

REVIEWED BY: Amy Stonich, AICP, Assistant Director of Community Development

SUBJECT: THE MEADOWS GENERAL PLAN AMENDMENT 06 -23-
5639, AND NAKASE AREA PLAN AMENDMENT 06 -23-
5640, TO ALLOW A CHANGE IN THE LAND USE

DESIGNATION FROM PUBLIC FACILITY TO LOW
DENSITY RESIDENTIAL (2 -7 DU/AC), ALLOW A CHANGE

IN THE ZONING DESIGNATION FROM SCHOOL SITE TO
NEIGHBORHOOD 6 AND ALLOWFOR LOW DENSITY (5-7

DU/AC) DEVELOPMENT TO BE PERMITTED IN THE

NEIGHBORHOOD, AND TO ALLOW ALL RELATED

APPLICABLE CHANGES TO THE AREA PLAN TEXT,

TABLES, EXHIBITS, AND CONVERSION OF PUBLIC TO
PRIVATE STREETS AS APPLICABLE.

EXECUTIVE SUMMARY:

The City Council approved the Nakase Planned Community on January 21, 2020.

The Planned Community permitted a maximum of 675 units, a maximum of 101 senior affordable units, as well as a 10-net acre school site offered to the Saddleback Valley Unified School District (“ SVUSD”). The C ity Council also approved a D evelopment Agreement with Toll Brothers West, Inc. (“Owner”) , which allowed that in the event that the SVUSD did not accept the school site, the owner would be permitted to construct additional units on the school site, provided that the total number of units in the Nakase Planned Community , excluding the senior affordable units, did not exceed 675. On March 9, 2023, SVUSD declined acceptance of the school site (Attachment 4). And, on June 15, 2023, a document terminating the school site offer was recorded with the County (Attachment 5).

General Plan Amendment (“GPA”) 06 -23-5639 for the Nakase Planned Community (aka: The Meadows) would re -designate the General Plan land use designation of the school site from public facilities to low density residential (2-7 Item: 13
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du/ac). Area Plan Amendment (“AP”) 06 -23-5640 would revise the zoning from Elementary School Site (ESS) within The Meadows to Neighborhood 6 .

Neighborhood 6 would become a new residential neighborhood located at the southeast corner of Bake and Rancho Parkways . Presently 541 single-family homes have been permitted at The Meadows . This GPA (GPA 06 -23-5639) and Area Plan Amendment (AP 06 -23-5640) would allow homes to be developed on the school site , provided the overall number of homes developed in the Nakase Planned Community does not exceed 675 , and the density of Neighborhood 6 does not exceed 7 du/ac. The subsequent submittal of a Tentative Tract Map will determine the exact number of homes to be developed in the new Neighborhood

6. The subsequent submittal of a Site Development Permit will determine site development standards, including height, setbacks, lot coverage, architecture, floor plans, conceptual grading, etc.

The Planning Commission ’s action would be a recommendation to the City Council.

Exhibit 1 – Nakase Planned Community (aka: The Meadows)

School Site
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SITE INFORMATION:

Site Address The site is located at the southeast corner of Bake Parkway and Rancho Parkway
Assessor Parcel Number(s) 612-221-10
Applicant/Agent City of Lake Forest on behalf of Toll Brothers West, Inc.

Property Owner Toll Brothers West, Inc.

General Plan Designation Public Facility
Zoning District Nakase Planned Community
Surrounding Area
Land Uses Zoning
North
Residential/Office/Hospitality
(Staybridge Suites) (Plaza Pet
Hospital)
Urban Activity-Baker Ranch Planned
Community
South
Medium Density Residential
(The Meadows Neighborhood
2)
Nakase Planned Community
East
Office/Retail Commercial
(24-Hour Fitness; Home
Depot)
Urban Activity-Baker Ranch Planned
Community
West Low-Medium Density
Residential (Neighborhood 1) Nakase Planned Community
Location Map

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RECOMMENDED ACTION(S):

1. Adopt a Resolution entitled: A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF LAKE FOREST,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

FIND LAND USE CHANGES TO THE NAKASE PLANNED
COMMUNITY (AKA: THE MEADOWS) PROPOSED UNDER
GENERAL PLAN AMENDMENT “GPA” 06-23-5639 TO CHANGE

THE PUBLIC FACILITY LAND USE DESIGNATION TO LOW
DENSITY RESIDENTIAL AND AREA PLAN AMENDMENT 06-23-
56 TO CHANGE THE SCHOOL SITE DESIGNATION TO
NEIGHBORHOOD 6, INCLUDING ALL APPURTENANT TEXT,

TABLES, AND EXHIBITS, ARE CONSISTENT WITH THE
ENVIRONMENTAL IMPACT REPORT (SCH #2018071035) FOR

THE NAKASE PLANNED COMMUNITY CERTIFIED BY THE CITY
COUNCIL ON JANUARY 21, 2020, PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21166 AND STATE CEQA
GUIDELINES SECTION 15162.

2. Adopt a Resolution entitled: A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF LAKE FOREST,

CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF GENERAL PLAN AMENDMENT (“GPA”) 06-
23-5639 AMENDING THE GENERAL PLAN LAND USE
DESIGNATION FOR THE SCHOOL SITE (APN 612 -221-10)

LOCATED WITHIN THE NAKASE PLANNED COMMUNITY
(AKA: THE MEADOWS ) LOCATED AT SOUTHEAST

CORNER OF BAKE PARKWAY AND RANCHO PARKWAY

FROM PUBLIC FACILITY TO LOW DENSITY RESIDENTIAL
(2-7 DU/AC); FILED BY THE CITY OF LAKE FOREST ON
BEHALF OF TOLL BROTHERS WEST, INC. AND MAKING

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

FINDINGS PURSUANT TO P UBLIC RESOURCES CODE
SECTION 21166 AND STATE CEQA GUIDELINES SECTION
15162.

3. Adopt a Resolution entitled : A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF LAKE FOREST,

CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF AREA PLAN (“AP”) 06 -23-5639 AMENDING
AP 05-18-5166 TO REPLACE ALL REFERENCES TO THE

SCHOOL SITE LOCATED WITHIN THE NAKASE PLANNED
COMMUNITY (AKA: THE MEADOWS ) LOCATED AT THE

SOUTHEAST CORNER OF BAKE PARKWAY AND RANCHO

PARKWAY TO REFERENCE A NEW RESIDENTIAL
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NEIGHBORHOOD, NEIGHBORHOOD 6, ADD

REFERENCES AS APPLICABLE THROUGHOUT THE
DOCUMENT TO LOW DENSITY RESIDENTIAL; CHANGE

TABLES AND EXHIBITS ACCORDINGLY, AND

REDESIGNATE THE PUBLIC STREETS THAT WOULD

HAVE PROVIDED ACCESS TO THE SCHOOL SITE,
INCLUDING EMY WAY (“A” STREET) TO A PORTION OF
GREENLEAF (“B” STREET), RANCHO PARKWAY TO A
PORTION OF GREENLEAF (“B” STREET), AND ALL OF
LASSEN STREET (“BB” STREET), PRIVATE STREETS;
.FILED BY THE CITY OF LAKE FOREST ON BEHALF OF
TOLL BROTHERS WEST, INC., AND MAKING CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS

PURSUANT TO PUBLIC RESOURCES CODE SECTION
21166 AND STATE CEQA GUIDELINES SECTION 15162.

BACKGROUND:

The Meadows is a residential community which currently consists of five residential neighborhoods, a senior affordable apartment complex, a school site, seven parks, and open space. The Meadows is within the Nakase Planned Community (subject to the Nakase Area Plan) and is located at the southeast corner of Bake Parkway and Rancho Parkway. The Nakase Area Plan serves as the Planned Community program for the Nakase Property now referred to as The Meadows. The Area Plan regulates the planning and development of The Meadows.

The Meadows was approved by the City Council on January 21, 2020, under General Plan Amendment (“GPA”) 05-17-5033, Zone Change (“ZC”) 05 -17-5034, Area Plan (“AP”) 05-18-5166, Vesting Tentative Tract Map (“VTTM”) 18142 and a Development Agreement. Approval allowed for a master plan development of a maximum of 776 units including up to 675 residential units, and up to 101 affordable senior apartments, a 10-net acre elementary school site, seven privately owned parks for public use, and open space.

Subsequent to the master plan development approval in 2020, site development permits for each of the five residential neighborhoods, senior affordable apartments, and parks were approved by the Planning Commission. Approval of the site development permits resulted in fewer units than the total number of units permitted in the Area Plan. In total, 541 single-family units and 65 senior affordable apartments for a total of 606 units were entitled for construction. Toll Brothers West Inc. (“Toll Brothers”), is now proposing to replace the 10-net acre school site with a new residential neighborhood, Neighborhood 6. Future construction of up to 70 units (10 acres of land developed at a density of up to 7 du/ac) in this new Neighborhood Item: 13
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would result in a total of 611 units (excluding the senior affordable units) in the Planned Community, which is below the 675 total number of residential units (excluding the senior affordable units) permitted in the Planned Community.

The Development Agreement between the City and Toll Brothers required Toll Brothers to offer the school site to Saddleback Valley Unified School District (“SVUSD”) for the development of a 10 net-acre elementary school. The Development Agreement indicates Toll Brothers has a vested right to construct additional low and medium density residential units on the school site if SVUSD decline s the school site offer. In a letter dated March 9, 2023, the SVUSD Board of Directors declined the offer, an Irrevocable Offer of Dedication (IOD) citing declining student enrollment (Attachment 4). A recorded document rejecting the IOD is included as Attachment 5.

In order for Toll Brothers to proceed with developing units at the school site a City Council approved GPA and AP amendment, as well as subsequent Planning Commission approval of a Tentative Tract Map (“TTM”) and Site Development Permit(s) (“SDPs”) are required. In accordance with the Development Agreement, the City has taken the lead on the GPA and AP and Toll Brothers will later initiate the TTM and SDP.

DISCUSSION
Staff has prepared this General Plan Amendment and Area Plan Amendment to enable Toll Brothers West, Inc. to exercise their vested right to develop units in place of the school site now that SVUSD has declined to accept the school site.

The General Plan Am endment amends the General Plan land use element to amend the school site land use designation from Public Facility to Low Density Residential. The Area Plan Amendment amends the Nakase Area Plan to amend the Area Plan by replacing the school site with a n ew low density residential neighborhood, Neighborhood 6. It also replaces formerly public streets with private streets, as discussed below.

Designate Public Streets Private
Under the Nakase Area Plan streets and portions of streets providing access to the school site had been designated public. Now under the Area Plan Amendment all of the streets within The Meadows will be designated private. These streets that will be redesignated from private to public include a portion of Emy Way (“A” Street) to a portion of Greenleaf (“B” Street), Rancho Parkway to a portion of Greenleaf (“B” Street), and all of Lassen Street (“BB” Street). Emy Way would have provided access to the schoo l from Bake Parkway. Greenleaf would have provided access to the school from Rancho Parkway, and all of Lassen Street, which intersects with both Emy Way and Greenfield would have provided access to the school. Lassen Street and portions of Emy Way and Gre enfield will, under the Area Plan Amendment, become private as shown in Exhibit 2, below.

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Exhibit 2 – Public Streets to become Private Streets

School Fees
In accordance with the Memorandum of Understanding (“MOU”) contained in the Development Agreement regarding school facilities funding Toll Brothers West, Inc. has been paying school fees to SVUSD. The amount of school funding is 125% of the statutory school fee rate in effect at the time the City issues building permits.

The Building Division has confirmed that Toll Brothers West, Inc. has been paying SVUSD 125% of the school fee per unit at each phase of permit issuance and will continue to do so when permits are issued for the new Neighborhood 6. Fees are charged per unit square footage.

Park Dedication for Neighborhood 6
Park dedication requirements have been met as indicated in the Nakase Area Plan which anticipated up to 675 single-family units and up to 101 affordable units. In accordance with Lake Forest Municipal Code Section 7.36.040 (subdivision code) Item: 13
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the approval of the Nakase Area Plan required the provision of 11.32 acres of park and recreational facility public park credits. Toll Brothers met this requirement by providing seven (7) private parks and a trail, all available for public use. Therefore, no additional park dedication is required.

Planning Commission Recommendations

A General Plan Amendment and Area Plan Amendment is subject to City Council approval. As such, the Planning Commission will act in an advisory role and recommend an action on this General Plan Amendment and Area Plan Amendment to the City Council. Staff recommends adopting the following draft resolutions recommending:

1. That the City Council find that land use changes proposed under General Plan Amendment 06 -23-5639, and Area Plan Amendment 06 -23-5623 consistent with the Environmental Impact Report (SCH #2018071035) certified by the City Council on January 21, 2020 , for the Nakase Planned Community (Attachment 1).

2. That the City Council approve General Plan Amendment 06-23-5639. The resolution includes the proposed change in land use designation from public facility to low density residential (2 -7 du/ac) and a revision reflecting these changes to the City’s General Plan Land Use Map and General Plan Land Use Development Potential Summary, Table LU -1 (Attachment 2, Exhibit A).

3. That the City Council Approve Area Plan Amendment 06 -23-5640. The resolution includes a proposed change in designation from School Site to Neighborhood 6, along with a listing of changes required to the Nakase Area Plan text, tables, and exhibits (Attachment 3, Exhibit A).

ENVIRONMENTAL REVIEW:

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respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified sig nificant effects; or 3) New information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified, has come to light and indicates there will be new or substantially more severe environmental im pacts than were previously disclosed.

The proposed modifications will not result in any new environmental impacts, or substantially more severe environmental impacts, and therefore none of the circumstances identified in State CEQA Guidelines section 15162 have arisen. In addition, the proposed modifications would be required to comply with all mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) that was adopted in connection with the previous EIR. Therefore, the previous ly certified EIR serves as the environmental documentation for the project and the revised project is in compliance with the requirements of CEQA. Pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, no further environmental review is necessary. The previously certified EIR is on file and available for public review at the Planning Division, Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The previously certified EIR (SCH #2018071035) and Nak ase Area Plan are on file and available for public review at the Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630 or on the City's website at
https://www.lakeforestca.gov/en/departments/community-
development/housing/new-neighborhoods/meadows

The applicant and all persons either favoring or opposing this proposal are invited to present their views at this hearing. It is requested that any supportive documents and/or written responses be submitted prior to this public hearing.

PUBLIC NOTICING:

In accordance with the requirements of Section 9.184.040(C)(2) of the Municipal Code of the City of Lake Forest, this project has been noticed in a newspaper of general circulation on July 20, 2023. In addition, on July 20, 2023, public notices were posted at City Hall and sent to owners of all property within 300 feet of the project boundary.

ATTACHMENTS:

1. PC CEQA Resolution

2. PC GPA Resolution, including Attachment A

3. PC Area Plan Resolution, including Attachment A

4. SVUSD Board of Education Letter dated March 9, 2023

5. Document recorded by SVUSD rejecting the IOD for the school site Item: 13
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Attachment 5
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THE MEADOWS FREQUENTLY ASKED QUESTIONS AND RESPONSES

THE MEADOWS COMMUNITY
The Meadows residential community sits on 122 acres south of Bake Parkway, east of Rancho Parkway. The community includes 541 single-family homes, 65 senior affordable apartment units, seven parks open for public use, a residents’ pool/recreation complex, a trail parallel to the Serrano Creek Trail open for public use, and a habitat restoration area.

1. What is the history of The Meadows?

The Nakase family operated a nursery on the property since the late 1960s, then sold the 122-acre site to Toll Brothers.

Toll Brothers requested a General Plan Amendment and zoning changes to allow up to 675 single-family homes, 101 senior affordable housing units, and recreation amenities. The plan was later reduced to 541 single family homes, approximately 64 senior affordable apartment units,

2. When was The Meadows approved?

The City Council approved the development in January 2020 after it was reviewed by the Community Services and Planning Commissions. All of the meetings were open to the public, and The Orange County Register carried a story about the final approval.

3. Why are parks for the public required?

State law and City ordinances require 11.32 acres of open space/parks in a development up to 675 homes, and up to 101 senior affordable apartment units.

POTENTIAL SCHOOL SITE

Toll Brothers included a 10 -acre potential school site in the Meadows plan at the City’s request. The City does not have the authority to force Saddleback Valley Unified School District to build the school.

The Environmental Impact Report completed by an independent third -party environmental planning company studied air quality, geology and soils, noise, and more than 24 other areas. None of the studies determined the site was unsuitable for an elementary school.

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Toll Brothers met with Saddleback Valley Unified School District several times to discuss the proposed school site and SVUSD’s interest in potentially locating a new school on The Meadows property. Toll Brothers conducted four additional studies requested by Saddleback Valley Unified to ensure the school site met C alifornia Department of Education standards for a school site. All four studies found no environmental concerns.

The City ensured the Development Agreement contained a School Mitigation Plan between Toll Brothers and Saddleback Valley Unified School District. The agreement, signed by Toll Brothers and Saddleback Valley Unified on December 23, 2019, said Toll Brothers would turn over a site ready for construction when Saddleback Unified was ready, or that the school district would receive $!0 million if the district decided not to build a school.

Saddleback Valley Unified officials notified the City and Toll Brothers on March 9, 2023 that the new school would not be pursued.

Pursuant to the Development Agreement, Saddleback Valley’s rejection of the school site allowed Toll Brothers to build additional homes on the 10-acre site.

PRIVATE GATES
State law requires the dedication of park space available to the public with new developments. The 11.32 acres provided at The Meadows through seven public parks, and public trail must remain available to the public.

PUBLIC SAFETY AND TRAFFIC
The Orange County Sheriff’s Department, which provides law -enforcement services for the City, will enforce penal -code violations in the Meadows The Meadows’ home addresses, street names, and street map have been entered int o the Orange County Sheriff’s Department dispatch and patrol car computers.

The City and Meadows HOA can work together to allow enforcement of traffic laws within the community. T he HOA can install traffic calming measures such as roundabouts, raised pavement markers and/or speed bumps, with City traffic engineering and Orange County Fire Authority approval.

The HOA, however, would still be required to enforce most parking regulations in the community.

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Attachment 6
Project Information
Exhibits
A. School Memorandum, Exhibit F of Development Agreement B. SVUSD Board of Education letter dated March 9, 2023
C. Document dated July 20, 2023, terminating school site offer.

D. Draft EIR excerpts regarding the school site.

E. SVUSD letter dated September 21, 2017.

F. SVUSD letter dated July 25, 2018.

G. Excerpt of Updated Geologic & Environmental Hazards Assessment Report
H. Except of Health Risk Assessment
I. Excerpt of Electromagnetic Field (“EMF”) Study & Exemption Request.

J. Excerpt of Water Pipeline & Tank Safety Hazard.

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Exhibit A
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Exhibit B
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SVUSD Board of Education Declines IOD made by Toll Brothers March 9, 2023
Upon serious consideration of existing facilities capacity, District budget, and property site concerns presented by the California Department of Education (CDE), the Saddleback Valley Unified School District (SVUSD) Board of Education voted on March 9, 2023 to decline the Irrevocable Offer of Dedication (IOD) made by Toll Brothers West, Inc. to the District on September 29, 2022.

SVUSD projections continue to show a decline in student enrollment due to a steady downward trend in the area’s student-age population. Additionally, projected enrollment for the new Meadows development is currently significantly lower than anticipated. Existing schools in the District offer adequate capacity for current students and projected students residing in new developments.

Building a new school would require that SVUSD fully fund a $50-55 million facilities project, not including the cost of the property, furniture, and equipment costs. Such a large expense would disrupt the modernization and facilities repairs both planned and in progress at schools that serve SVUSD’s current students.

According to CDE and architects who evaluated the proposed site, the property identified in the Meadows development poses multiple significant concerns and recommended that SVUSD no longer pursue acquiring the site. Some of those concerns include requiring extensive clean soil backfill and inadequate soil stability and bearing capacity. Additionally, because the property is located within close proximity to two existing busy major streets, Bake Parkway and Rancho Parkway, as well as within 500 feet of the 241 Toll Road, both safety and air quality concerns were noted by CDE.

The mitigation agreement approved by the SVUSD Board offers SVUSD 125% of developer fees, approximately $10 million in funding that will be utilized to improve facilities at Lake Forest Elementary School, Serrano Intermediate School, and El Toro High School where students from the Meadows development will attend.

SVUSD thanks Toll Brothers West, Inc. for their continued partnership. We look forward to continuing to welcome students from the Meadows development into our schools.

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Exhibit C
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Exhibit D
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Exhibit E
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Exhibit F
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Exhibit G
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Exhibit H
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Exhibit I
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Exhibit J
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Lake Forest City CouncilDecember 5, 2023

Lake Forest City Council
December 5, 2023