Agenda packet — Lake Forest City Council, October 15, 2024 (part 2 of 13)

The Project would involve rehabilitation and reuse of the remaining residence to accommodate GSTC administrative functions. The 2,1872,360-square-foot office building would include offices, a breakroom, and restrooms; refer to Exhibit 2-7, Proposed Office Floor Plan and Exhibit 2-8, Proposed Office Building Elevations. Exterior improvements would primarily be associated with façade improvements, a porch and new accessible ramps with handrails and guardrails, a new trash enclosure, and removal of a covered parking structure. The existing 400-square-foot detached garage located to the southwest of the proposed office building would also be renovated and used as a workshop.

Pages 22 through 24
(Changes were made to replace Exhibit 2-7, Exhibit 2-8a, and Exhibit 2-8b, as shown on the following pages)
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 10
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CITY OF LAKE FOREST

GREAT SCOTT LANDSCAPE FACILITY PROJECT

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Exhibit 2-7. Proposed Office Floor Plan
Source: Bundy-Finkel Architects, 5-9-2024. Map date: July 9, 2024.

Existing Exterior
Wall
New Non-Rated
Exterior Wall
Full-Height
Interior Wall
Partial Height
Utility Wall
Legend
01 - Line of New Porch
02 - Line of Roof Overhang
03 - New Support Post for Roof
04 - New Trash Enclosure
05 - Relocated Electrical Panel
06 - New ADA Compliant Door/Threshold
07 - Existing Interior Wall
08 - New Exterior Wall
09 - New Interior Wall
Keynotes

CITY OF LAKE FOREST

GREAT SCOTT LANDSCAPE FACILITY PROJECT

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Exhibit 2-8a. Proposed Office Building Elevations - West and North Source: Bundy-Finkel Architects, 5/9/2024. Map date: July 9, 2024.. 9'-3" 11'-6" 20'-8.5"
20'-8.5"
9'-3.5"

CITY OF LAKE FOREST

GREAT SCOTT LANDSCAPE FACILITY PROJECT

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Exhibit 2-8b. Proposed Office Building Elevations - East and South Source: Bundy-Finkel Architects, 5/9/2024. Map date: July 9, 2024. 9'-3" 8'-11.5"
19'-6.5"
19'-8"
9'-8"
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 14
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Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 15
SECTION 4.4, BIOLOGICAL RESOURCES

Page 93 ends

BIO-3 Focused surveys for least Bell’s vireo shall be conducted prior to impacting any areas of Southern Mixed Riparian Forest, or commencing construction activities (noise disturbance) adjacent to Serrano Creek. Impacts to occupied habitat would require coordination with CDFW and USFWS.

If construction activities will commence outside of the avian nesting season (generally September 1st to January 31st), focused surveys for least Bell’s vireo shall not be required. However, if construction activities will commence during the avian nesting season (generally February 1st to August 31st), focused surveys shall be required to ensure no direct or indirect impacts to least Bell’s vireo would occur. Focused surveys for the least Bell’s vireo shall be conducted in accordance with the 2001 USFWS survey guidelines and would encompass all areas of suitable habitat to be impacted within the Project site, as well as suitable habitat within 500 feet of the Project site. Survey guidelines stipulate that eight surveys should be conducted between April 10 and July 31, with a minimum of ten days separating each survey visit. If no least Bell’s vireo are detected during focused surveys, then no avoidance or mitigation measures will be warranted. If least Bell’s vireo are detected during focused surveys, then coordination with CDFW and USFWS will be required prior to indirectly impacting occupied habitat.

Page 97 ends

BIO-4 The following requirements under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Sections 3503.5, 3503, and 3513, the applicant shall implement the following steps to ensure that nesting birds are not harmed during Project construction:

The removal of vegetation shall occur outside of the nesting season, generally recognized as March 15 to August 31 (potentially earlier for raptors). If vegetation removal must occur during the nesting season, then a qualified biologist shall conduct a nesting bird survey prior to any vegetation removal. If no nesting birds are found, the vegetation can be removed. If active nests are identified, the biologist shall flag vegetation containing active nests. The biologist shall establish appropriate buffers around active nests to be avoided until the nests are no longer active and the young have fledged. Buffers shall be based on the species identified, but generally shall consist of 50 feet for non-raptors and 300 feet for raptors.

Prior to commencement of grading activities or any vegetation removal, the City of Lake Forest Director of Community Development, or designee, shall verify that all Project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA), that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing.

SECTION 4.7, GEOLOGY AND SOILS

Page 124 ends

GEO-1 Prior to the issuance of a grading permit, a Paleontological Resource Mitigation Program (PRMP) shall be prepared and implemented to the satisfaction of the City of Lake Forest Community Development Department. The PRMP shall include, but shall not be limited to the following:

Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 16
● A trained and qualified paleontological monitor shall perform spot-checks and/or monitoring of any excavations on the Project site that has the potential to impact paleontological resources in undisturbed native sediments below 5 feet in depth. The monitor shall have the ability to redirect construction activities to ensure avoidance of adverse impacts to paleontological resources.
● The Project paleontologist may re-evaluate the necessity for paleontological monitoring after examination of the affected sediments during excavation, with approval from the City of Lake Forest Director of Community Development, or designee. ● Any potentially significant fossils observed shall be collected and recorded in conjunction with best management practices and Society of Vertebrate Paleontology (SVP) professional standards.
● Any fossils recovered shall be deposited in an accredited and permanent scientific institution for the benefit of current and future generations. A report documenting the results of the monitoring, including any salvage activities and the significance of any fossils, shall be prepared and submitted to the City of Lake Forest Community Development Department.

Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 17

4.0 MITIGATION MONITORING AND REPORTING PROGRAM
CEQA requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code §21081.6). Specifically, Public Resources Code §21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.

For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.

This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide the mechanism by which to monitor mitigation measures outlined in the Great Scott Tree Care (GSTC) Project IS/MND. The MMRP has been prepared in conformance with Public Resources Code §21081.6 and City of Lake Forest (City) monitoring requirements.

State CEQA Guidelines §15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Lake Forest is the Lead Agency for the Great Scott Tree Care (GSTC) Project and is therefore responsible for ensuring MMRP implementation. This MMRP has been drafted to meet Public Resources Code §21081.6 requirements as a fully enforceable monitoring program.

The MMRP Checklist is intended to provide verification that all applicable mitigation measures relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the Great Scott Tree Care (GSTC) Project file.

This MMRP delineates responsibilities for monitoring the Project, but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the MMRP Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 18
Checklist. If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation.

The numbering system in the following table corresponds with the IS/MND’s numbering system. The MMRP table “Verification” column will be used by the parties responsible for documenting when the mitigation measure has been completed. The City of Lake Forest will complete ongoing documentation and mitigation compliance monitoring. The completed MMRP and supplemental documents will be kept on file at the City of Lake Forest Community Development Department.

Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 19
Mitigation Monitoring and Reporting Program Checklist
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks

BIOLOGICAL RESOURCES
BIO-1 Within a 14-day period prior to the start of
construction, pre-construction surveys by a
biologist familiar with the western pond turtle and
its habitat requirements shall be conducted using
three survey passes. Following the surveys, the
biologist shall prepare a report for submittal to the
City of Lake Forest Community Development
Department documenting the results of the
surveys. If the surveys are negative, no further
action shall be needed.

If western pond turtles are detected adjacent to the
Project development area, the biologist shall
prepare an avoidance plan to be submitted to
CDFW for review and approval to ensure that no
direct or indirect impacts to western pond turtle
occur. The plan shall include the following:
• Survey results including a map showing western
pond turtle locations;
• Qualifications of the biological monitor;
• Methods for monitoring of the western pond
turtle during construction;
• Methods for preventing western pond turtles
from entering the development area such as silt
fence or other devices; and
• Reporting requirements.

Verification of the avoidance plan and its approval
by CDFW shall be submitted to the City of Lake
Forest Community Development Department.

Within 14 days
prior to the start
of construction
Pre-construction
survey(s)/ Western
pond turtle
avoidance plan
California
Department of
Fish and
Wildlife
(CDFW)/ City of
Lake Forest
Director of
Community
Development,
or designee
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 20
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
BIO-2 In order to avoid impacts to bats roosting on-site, a qualified biologist shall conduct bat clearance
survey(s) within potentially suitable bat
colony/roost habitat onsite, including trees,
cavities, and abandoned buildings prior to any work
being conducted onsite. Potential roosting habitat
shall be evaluated during the daytime to evaluate
areas for bat sign (e.g. guano, urine staining,
daytime roosts). In addition, a nighttime emergence
(exit) survey shall be conducted at dusk to identify
potential maternity roosts during the bat maternity
season. A total of three site visits during the
maternity season (March 1 to September 30) would
be needed to determine if maternity roosts are
present. The surveys shall be conducted at dusk and
after nightfall by a qualified biologist.

If special-status bats are detected, then removal of
roosting habitat shall be delayed for the remainder
of the maternity season until the young are
sufficiently mature to leave the maternity roost, as
determined by the biologist
Prior to any
work being
conducted
onsite
Bat clearance
survey(s)
City of Lake
Forest Director
of Community
Development,
or designee
BIO-3 Focused surveys for least Bell’s vireo shall be
conducted prior to impacting any areas of Southern
Mixed Riparian Forest, or commencing construction
activities (noise disturbance) adjacent to Serrano
Creek. Impacts to occupied habitat would require
coordination with CDFW and USFWS.

If construction activities will commence outside of
the avian nesting season (generally September 1st
to January 31st), focused surveys for least Bell’s
vireo shall not be required. However, if
construction activities will commence during the
Prior to
construction
activities
Least Bell’s vireo
focused survey(s)
City of Lake
Forest Director
of Community
Development,
or designee
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 21
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
avian nesting season (generally February 1st to
August 31st), focused surveys shall be required to
ensure no direct or indirect impacts to least Bell’s
vireo would occur. Focused surveys for the least
Bell’s vireo shall be conducted in accordance with
the 2001 USFWS survey guidelines and would
encompass all areas of suitable habitat to be
impacted within the Project site, as well as suitable
habitat within 500 feet of the Project site. Survey
guidelines stipulate that eight surveys should be
conducted between April 10 and July 31, with a
minimum of ten days separating each survey visit. If
no least Bell’s vireo are detected during focused
surveys, then no avoidance or mitigation measures
will be warranted. If least Bell’s vireo are detected
during focused surveys, then coordination with
CDFW and USFWS will be required prior to
indirectly impacting occupied habitat.

BIO-4 The following requirements under the Migratory
Bird Treaty Act (MBTA) and California Fish and
Game Code Sections 3503.5, 3503, and 3513, the
applicant shall implement the following steps to
ensure that nesting birds are not harmed during
Project construction:

If no nesting birds are found, the vegetation can be
removed. If active nests are identified, the biologist
shall flag vegetation containing active nests. The
Prior to
commencement
of grading
activities or any
vegetation
removal
Pre-construction
nesting bird
survey(s)
City of Lake
Forest Director
of Community
Development,
or designee
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 22
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
biologist shall establish appropriate buffers around
active nests to be avoided until the nests are no
longer active and the young have fledged. Buffers
shall be based on the species identified, but
generally shall consist of 50 feet for non-raptors and
300 feet for raptors.

Prior to commencement of grading activities or any
vegetation removal, the City of Lake Forest Director
of Community Development, or designee, shall
verify that all Project grading and construction
plans include specific documentation regarding the
requirements of the MBTA, that preconstruction
surveys have been completed and the results
reviewed by staff, and that the appropriate buffers
(if needed) are noted on the plans and established
in the field with orange snow fencing.

CULTURAL RESOURCES
CUL-1 Prior to the issuance of a grading permit, a Cultural Resources Management Plan (CRMP) shall be
prepared and implemented to the satisfaction of
the City of Lake Forest Community Development
Department. The CRMP shall include, but shall not
be limited to, the following:
• A qualified archaeologist shall be retained by
the Applicant to provide professional
archaeological monitoring services during all
initial ground-disturbance activities, including
vegetation removal, site preparation,
demolition of historic structures, and grading
up to three feet below surface, in order to
quickly assess any discoveries of cultural
Prior to issuance
of grading
permit
Cultural Resources
Management Plan
City of Lake
Forest Director
of Community
Development,
or designee
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 23
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
resources during initial Project
implementation.
• The archaeologist shall develop an inadvertent
discovery plan, which shall be in place to
expediently address archaeological resource
discoveries should these be encountered
during any phase of development associated
with the Project. In the event that these
resources are inadvertently discovered during
ground disturbing activities, work must be
halted within 50 feet of the find until it can be
evaluated by a qualified archaeologist.

Procedures of conduct following the discovery
of human remains on non-federal lands have
been mandated by California Health and Safety
Code §7050.5, PRC §5097.98 and the California
Code of Regulations (CCR) §15064.5(e).

According to the provisions in CEQA, should
human remains be encountered, all work in the
immediate vicinity of the burial shall cease, and
any necessary steps to ensure the integrity of
the immediate area must be taken. The Orange
County Coroner shall be immediately notified
and must then determine whether the remains
are Native American. If the Coroner determines
the remains are Native American, the Coroner
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 24
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
has 24 hours to notify the Native American
Heritage Commission (NAHC), who will in turn,
notify the person they identify as the MostLikely-Descendent (MLD) of any human remains.

GEOLOGICAL RESOURCES
GEO-1 Prior to the issuance of a grading permit, a
Paleontological Resource Mitigation Program
(PRMP) shall be prepared and implemented to the
satisfaction of the City of Lake Forest Community
Development Department. The PRMP shall include,
but shall not be limited to the following:
• A trained and qualified paleontological monitor
shall perform spot-checks and/or monitoring of
any excavations on the Project site that has the
potential to impact paleontological resources in
undisturbed native sediments below 5 feet in
depth. The monitor shall have the ability to
redirect construction activities to ensure
avoidance of adverse impacts to
paleontological resources.
• The Project paleontologist may re-evaluate the
necessity for paleontological monitoring after
examination of the affected sediments during
excavation, with approval from the City of Lake
Forest Director of Community Development, or
designee.
• Any potentially significant fossils observed shall
be collected and recorded in conjunction with
best management practices and Society of
Vertebrate Paleontology (SVP) professional
standards.

Prior to issuance
of grading
permit
Paleontological
Resource Mitigation
Program
City of Lake
Forest Director
of Community
Development,
or designee
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 25
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
• Any fossils recovered shall be deposited in an
accredited and permanent scientific institution
for the benefit of current and future
generations. A report documenting the results
of the monitoring, including any salvage
activities and the significance of any fossils,
shall be prepared and submitted to the City of
Lake Forest Community Development
Department.

NOISE
NOI-1 Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the Lake Forest
Public Works Department that the Project complies
with the following:
• Construction shall occur during the permissible
hours as defined in Lake Forest Municipal Code
Section 11.16.060 D.
• During construction, the contactor shall ensure
all construction equipment is equipped with
appropriate noise attenuating devices that will
reduce noise levels 3 to 10 dBA.
• The contractor shall locate equipment staging
areas in order to create the greatest distance
between construction‐related noise/vibration
sources and sensitive receptors nearest the
Project site during all Project construction. At
all times the staging area shall be at least 123
feet from the nearest sensitive receptor.
• Idling equipment shall be turned off when not
in use.

Prior to issuance
of grading
permit issuance/
On-going during
construction
Prior to grading
permit issuance/
During construction
City of Lake
Forest Public
Works
Department
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 26
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
• Equipment shall be maintained so that vehicles
and their loads are secured from rattling and
banging.

TRIBAL CULTURAL RESOURCES
TCR-1 The Project Applicant shall be required to retain the services of a qualified Native American Monitor(s)
(Monitor) approved by the Tribal Representatives
from the Gabrieleno Band of Mission Indians – Kizh
Nation. The Monitor must be present during all
construction related ground disturbance activities.

Ground disturbance is defined as rough grading and
remediation excavation activities within the Project
area. The Monitor will complete monitoring logs on
a daily basis. The logs will provide descriptions of
the daily activities, including construction activities, locations, soil, and any cultural materials identified.

The on-site monitoring shall end at the earliest of
when either the Project Site rough grading and
remediation excavation activities are completed, or
when the Tribal Representatives and monitor have
indicated that the site has a low potential for
archeological resources.

During
construction
related ground
disturbance
activities
Native American
Monitor/ During
construction related
ground disturbance
activities
Qualified
Native
American
Monitor
approved by
the Tribal
Representatives
from the
Gabrieleno
Band of Mission
Indians – Kizh
Nation/ City of
Lake Forest
Director of
Community
Development,
or designee
TCR-2 All archaeological resources unearthed by Project construction activities shall be evaluated by the
Monitor. If the resources are Native American in
origin, the Tribe shall coordinate with the
landowner regarding treatment and curation of
these resources. The preferred treatment will be
reburial or preservation in place.

During
construction
related ground
disturbance
activities
Evaluation of
archaeological
resources by Native
American Monitor
Qualified
Native
American
Monitor
approved by
the Tribal
Representatives
from the
Gabrieleno
Band of Mission
Indians – Kizh
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 27
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
Nation/ City of
Lake Forest
Director of
Community
Development,
or designee
TCR-3 Refer also to Mitigation Measure CUL-1 (Section

4.3, Cultural Resources). If any human skeletal
material or related funerary objects are discovered
during ground disturbance, the Monitor will
immediately divert work at minimum of 50 feet and
place an exclusion zone around the burial. The
Monitor will then notify the construction manager
who will call the coroner. Work will continue to be
diverted while the coroner determines whether the
remains are Native American. The discovery is to be
kept confidential and secure to prevent any further
disturbance. If the remains are Native American,
the coroner will notify the Native American
Heritage Commission (NAHC) as mandated by state
law who will then appoint a Most Likely
Descendent. In the case where discovered human
remains cannot be fully documented and recovered
on the same day, the remains will be covered with
muslin cloth and a steel plate that can be moved by
heavy equipment placed over the excavation
opening to protect the remains. The preferred
treatment will be to keep the remains in situ and
protected. If that treatment is not feasible, as
determined by the Applicant, the burials may be
removed. The Tribe will work closely with the
Qualified Archaeologist to ensure that the
excavation is treated carefully, ethically, and
respectfully. If data recovery is approved by the
During
construction
related ground
disturbance
activities
Evaluation of
archaeological
resources by Native
American Monitor/
Notification of
NAHC, if Applicable
Qualified
Native
American
Monitor
approved by
the Tribal
Representatives
from the
Gabrieleno
Band of Mission
Indians – Kizh
Nation/ City of
Lake Forest
Director of
Community
Development,
or designee
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 28
Mitigation Measures Implementation
Timing
Monitoring/
Reporting Methods
Responsible
for Approval/
Monitoring
Verification
Initials Date Remarks
Tribe, documentation shall be taken which includes
at a minimum detailed descriptive notes and
sketches. Additional types of documentation shall
be approved by the Tribe for data recovery
purposes. Cremations will either be removed in
bulk or by means as necessary to ensure complete
recovery of all material. Once complete, a final
report of all activities is to be submitted to the
NAHC.
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM

GREAT SCOTT TREE CARE PROJECT

LAKE FOREST, CALIFORNIA
Prepared for:

CITY OF LAKE FOREST
100 Civic Center Drive
Lake Forest, California 92630
Prepared by:

DE NOVO PLANNING GROUP.
180 E. Main Street, Suite 108
Tustin, California 92780
(949) 396-8193
August 2024
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM
Public Resources Code, Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified in environmental review documents prepared in accordance with California Environmental Quality Act (CEQA) are implemented after a project is approved. Therefore, this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation and applicant proposed measures during the construction Mountain View Affordable Housing Project.

The City of Lake Forest (City) is the agency responsible for implementation of the mitigation measures identified in the MND. This MMRP provides the City with a convenient mechanism for quickly reviewing all the mitigation measures including the ability to focus on select information such as timing. The MMRP includes the following information for each mitigation measure:
• The phase of the project during which the required mitigation measure must be implemented; • The phase of the project during which the required mitigation measure must be monitored; and • The enforcement agency.

The MMRP includes a checklist to be used during the mitigation monitoring period. The checklist will verify the name of the monitor, the date of the monitoring activity, and any related remarks for each mitigation measure.
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM

GREAT SCOTT TREE CARE PROJECT
Mitigation Measures
Implementation
Phase
Monitoring
Phase
Enforcement
Agency
Level of
Significance
After
Mitigation
Verification of Compliance
Initial Date Remarks
Biological Resources
MM BIO-1:

Within a 14-day period prior to the start of construction, pre-construction surveys by a biologist familiar with the western pond turtle and its habitat requirements shall be conducted using three survey passes. Following the surveys, the biologist shall prepare a report for submittal to the City of Lake Forest Community Development Department documenting the results of the surveys. If the surveys are negative, no further action shall be needed.

The plan shall include the following:
● Survey results including a map showing western pond turtle locations; ● Qualifications of the biological monitor;.
● Methods for monitoring of the western pond turtle during construction; ● Methods for preventing western pond turtles from entering the development area such as silt fence or other devices; and
● Reporting requirements.

Verification of the avoidance plan and its approval by CDFW shall be submitted to the City of Lake Forest Community Development Department.
14 days before
the start of
construction
Conduct 3 surveys
Before construction CDFW/City/Applicant Less than
significant
MM BIO-2:

In order to avoid impacts to bats roosting on-site, a qualified biologist shall conduct bat clearance survey(s) within potentially suitable bat colony/roost habitat onsite, including trees, cavities, and abandoned buildings prior to any work being conducted onsite. Potential roosting habitat shall be evaluated during the daytime to evaluate areas for bat sign (e.g. guano, urine staining, daytime roosts). In addition, a nighttime emergence (exit) survey shall be conducted at dusk to identify potential maternity roosts during the bat maternity season. A total of three site visits during the maternity season (March 1 to September 30) would be needed to determine if maternity roosts are present. The surveys shall be conducted at dusk and after nightfall by a qualified biologist.

Prior to any onsite work
Conduct 3 visits
during maternity
season (March 1
to September 30)
Before Construction
Conduct daytime and
nighttime
evaluations
Applicant/City Less than
significant
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM

Focused surveys for least Bell’s vireo shall be conducted prior to impacting any areas of Southern Mixed Riparian Forest or commencing construction activities (noise disturbance) adjacent to Serrano Creek. Impacts to occupied habitat would require coordination with CDFW and U.S. Fish and Wildlife Survey (USFWS).

If construction activities will commence outside of the avian nesting (generally September 1st to January 31st), focused surveys for least Bell’s vireo shall not be required. However, if construction activities will commence during the avian nesting season (generally February 1st to August 31st), focused surveys shall be required to ensure no direct or indirect impacts to least Bell’s vireo would occur. Focused surveys for the least Bell’s vireo shall be conducted in accordance with the 2001 USFWS survey guidelines and would encompass all areas of suitable habitat to be impacted within the Project site, as well as suitable habitat within 500 feet of the Project site. Survey guidelines stipulate that eight surveys should be conducted between April 10 and July 31, with a minimum of ten days separating each survey visit. If no least Bell’s vireo are detected during focused surveys, then no avoidance or mitigation measures will be warranted. If least Bell’s vireo are detected during focused surveys, then coordination with CDFW and USFWS will be required prior to indirectly impacting occupied habitat.

Prior to issuance
of a grading
permit
Construction
during avian
nesting (February
1 st to August 31st)
Conduct 8
surveys, 10 days
apart, between
April 10 and July
13 Before construction;
Coordinate with
CDFW and USFWS

CDFW/USFWS/
Applicant/City
(Community
Development
Department)
Less than
significant
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM

The following requirements under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Sections 3503.5, 3503, and 3513, the applicant shall implement the following steps to ensure that nesting birds are not harmed during Project construction:

Prior to commencement of grading activities or any vegetation removal, the City of Lake Forest Director of Community Development, or designee, shall verify that all Project grading and construction plans include specific documentation regarding the requirements of MBTA, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing.

Prior to
commencement
of grading
activities or any
Vegetation
removal shall
occur outside
nesting season
(March 15th to
August 31st).

If active nests are
identified, 50 to
300-foot buffers
shall be noted on
plans and
identified in the
field with orange
snow fencing.

Before grading and
vegetation removal
Migratory Bird Treaty
(MBTA)/Applicant/City
(Community
Development
Department)
Less than
significant
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM

Prior to the issuance of a grading permit, a Cultural Resources Management Plan (CRMP) shall be prepared and implemented to the satisfaction of the City of Lake Forest Community Development Department. The CRMP shall include, but shall not be limited to, the following:
● A qualified archaeologist shall be retained by the Applicant to provide professional archaeological monitoring services during all initial ground-disturbance activities, including vegetation removal, site preparation, demolition of historic structures, and grading up to three feet below surface, in order to quickly assess any discoveries of cultural resources during initial Project implementation.
● The archaeologist shall develop an inadvertent discovery plan, which shall be in place to expediently address archaeological resource discoveries should these be encountered during any phase of development associated with the Project. In the event that these resources are inadvertently discovered during ground disturbing activities, work must be halted within 50 feet of the find until it can be evaluated by a qualified archaeologist. Construction activities could continue in other areas. If the discovery proves to be significant, additional work, such as data recovery excavation, may be warranted and would be discussed in consultation with the appropriate regulatory agency(ies).
● Refer also to Mitigation Measure TCR-3 (Section 4.18, Tribal Cultural Resources). Procedures of conduct following the discovery of human remains on non-federal lands have been mandated by California Health and Safety Code §7050.5, PRC §5097.98 and the California Code of Regulations (CCR) §15064.5(e). According to the provisions in CEQA, should human remains be encountered, all work in the immediate vicinity of the burial shall cease, and any necessary steps to ensure the integrity of the immediate area must be taken. The Orange County Coroner shall be immediately notified and must then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner has 24 hours to notify the Native American Heritage Commission (NAHC), who will in turn, notify the person they identify as the Most-Likely-Descendent (MLD) of any human remains.

Prior to the
issuance of a
grading permit
During ground
disturbing activities
Applicant/Native
American Heritage
Commission
(NAHC)/City
(Community
Development
Department)
Less than
significant
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM

Prior to the issuance of a grading permit, a Paleontological Resource Mitigation Program (PRMP) shall be prepared and implemented to the satisfaction of the City of Lake Forest Community Development Department. The PRMP shall include, but shall not be limited to the following:
● A trained and qualified paleontological monitor shall perform spot-checks and/or monitoring of any excavations on the Project site that has the potential to impact paleontological resources in undisturbed native sediments below 5 feet in depth. The monitor shall have the ability to redirect construction activities to ensure avoidance of adverse impacts to paleontological resources.
● The Project paleontologist may re-evaluate the necessity for paleontological monitoring after examination of the affected sediments during excavation, with approval from the City of Lake Forest Director of Community Development, or designee.
● Any potentially significant fossils observed shall be collected and recorded in conjunction with best management practices and Specific Vocational Preparation (SVP) professional standards. ● Any fossils recovered shall be deposited in an accredited and permanent scientific institution for the benefit of current and future generations. A report documenting the results of the monitoring, including any salvage activities and the significance of any fossils, shall be prepared and submitted to the City of Lake Forest Community Development Department.

Prior to issuance
of a grading
permit
During ground
disturbing activities
Applicant/City
(Community
Development
Department)
Less than
significant
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM

Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the Lake Forest Public Works Department that the Project complies with the following:
● Construction shall occur during the permissible hours as defined in Lake Forest Municipal Code Section 11.16.060 D.
● During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices that will reduce noise levels 3 to 10 dBA. ● The contractor shall locate equipment staging areas in order to create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the Project site during all Project construction. At all times the staging area shall be at least 123 feet from the nearest sensitive receptor.
● Idling equipment shall be turned off when not in use. ● Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging.

Prior to issuance
of a grading
permit
During construction.

During work
operations
Applicant/City (Public
Works Department)
55136.0410A\42409945.1

MITIGATION MONITORING AND REPORTING PROGRAM

The Project Applicant shall be required to retain the services of a qualified Native American Monitor(s) (Monitor) approved by the Tribal Representatives from the Gabrieleno Band of Mission Indians – Kizh Nation. The Monitor must be present during all construction-related ground disturbance activities. Ground disturbance is defined as rough grading and remediation excavation activities within the Project area. The Monitor will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end at the earliest of when either the Project Site rough grading and remediation excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for archeological resources.

MM TCR-2:

All archaeological resources unearthed by Project construction activities shall be evaluated by the Monitor. If the resources are Native American in origin, the Tribe shall coordinate with the landowner regarding treatment and curation of these resources. The preferred treatment will be reburial or preservation in place.

MM TCR-3:

Refer also to Mitigation Measure CUL-1 (Section 4.3, Cultural Resources). If any human skeletal material or related funerary objects are discovered during ground disturbance, the Monitor will immediately divert work at minimum of 50 feet and place an exclusion zone around the burial. The Monitor will then notify the construction manager who will call the coroner. Work will continue to be diverted while the coroner determines whether the remains are Native American. The discovery is to be kept confidential and secure to prevent any further disturbance. If the remains are Native American, the coroner will notify the Native American Heritage Commission (NAHC) as mandated by state law who will then appoint a Most Likely Descendent. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. The preferred treatment will be to keep the remains in situ and protected. If that treatment is not feasible, as determined by the Applicant, the burials may be removed. The Tribe will work closely with the Qualified Archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Tribe, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches.

Additional types of documentation shall be approved by the Tribe for data recovery purposes.

Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all material. Once complete, a final report of all activities is to be submitted to the NAHC.

Prior to issuance
of a grading
permit
During project
design and
ground disturbing
activities.

During ground
disturbing activities
Applicant/Gabrieleno
Band of Mission
Indians – Kizh Nation/
City (Community
Development
Department)
Less than
significant
Attachment 2
GPA 03-18-5145 Agenda of October 15, 2024
CC ATTACHMENT 2
Resolution No. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA APPROVING GENERAL
PLAN AMENDMENT 03-18-5145 AMENDING THE

GENERAL PLAN LAND USE ELEMENT TO CHANGE THE
LAND USE DESIGNATION OF ASSESSOR’S PARCEL
NUMBERS (“APN”) 610-301-20, 610-301-21 AND A
PORTION OF APN 610-301-07, LOCATED AT 20751 LINEAR

LANE FROM REGIONAL PARK/OPEN SPACE TO URBAN
INDUSTRIAL 25 (“UI 25”)
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 2, 2020, the City of Lake Forest adopted the 2040 Lake Forest General Plan; and
WHEREAS, on March 22, 2018, Steve Guzowski on behalf of Brian Hess, filed General Plan Amendment (“GPA”) 03-18-5145, and as required by Lake Forest Municipal Code (“LFMC”) section 9.194.080 which requires the concurrent filing of a DA whenever a GPA is requested, also filed a Development Agreement (“DA”), Zone Change (“ZC”) 03-18-5144, and Use Permit (“UP”) 03-18-5146 for the development of a contractor’s storage yard (“Project”), and WHEREAS, on October 3, 2023, Brian Prock of the Trestle Companies, on behalf of Griffiths Ranch, LLC (Applicant) filed Tentative Parcel Map (“TPM”) 2023- 169 to consolidate three parcels (APN 610-301-20, and 21, and a portion of APN 610-301-07) into two parcels now referred to as Parcels 1 and 2 of TPM 2023-169; and
WHEREAS, GPA 03-18-5145 would change the land use designation of Parcel 1 of TPM 2023-169 (APN 610-301-20, 601-301-21 and a portion of 610-301-07) from Regional Park/Open Space to UI 25 in order to accommodate the proposed contractor’s storage yard on Parcel 1, located at 20795 Linear Lane; and WHEREAS, the remaining portion of APN 610-301-07 (Parcel 2 of TPM 2023) will retain its existing Regional Park/Open Space land use designation and will remain undeveloped while continuing to include Serrano Creek and the Serrano Creek Regional Hiking and Riding Trail, as well as the scenic preservation easement held by the County of Orange over the this parcel; and GPA 03-18-5145 Agenda of October 15, 2024
CC ATTACHMENT 2
WHEREAS, a Mitigated Negative Declaration (“MND”) for the proposed Project was circulated between September 15, 2021 through October 14, 2021, and recirculated June 12, 2024 through July 11, 2024; and
WHEREAS, the MND analyzed the impacts relating to the whole of the Project, including the proposed amendment to the General Plan Land Use Element, and the MND determined that the Project would have a less significant impact on the environment with the incorporation of mitigation; and
WHEREAS, on August 8, 2024, the Planning Commission passed, approved, and adopted a resolution recommending that the City Council adopt the MND and approve mitigations by way of conditions of approval for the Project; and WHEREAS, California Government Code Section 65353 requires the Planning Commission hold a public hearing and recommend to the City Council that the proposed General Plan Amendment be approved, disapproved, or conditionally approved; and
WHEREAS, on July 25, 2024, the City gave public notice of the Planning Commission public hearing for consideration of General Plan Amendment 03-18- 5145 by advertising in a newspaper of general circulation, and on July 25, 2024, by posting notices at City Hall, and by mailing to owners of property within a 300- foot radius of the Project site; and
WHEREAS, on August 8, 2024, the Planning Commission conducted a duly noticed public hearing to consider General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Use Permit 03-18-5146, and Tentative Parcel Map 2023-169, at which hearing members of the public were afforded an opportunity to comment upon the Project; and WHEREAS, on August 8, 2024, the Planning Commission adopted a resolution recommending that the City Council approve GPA 03-18-5145; and WHEREAS, on September 19, 2024, the City gave public notice of the City Council public hearing for consideration of General Plan Amendment 03-18-5145 by advertising in a newspaper of general circulation, and on September 16, 2024, by posting notices at City Hall, and by mailing to owners of property within a 300- foot radius of the Project site, the project applicant, and local agencies that provide water, sewage, and electricity; and
WHEREAS, on October 15, 2024, the City Council conducted a duly noticed public hearing to consider General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Use Permit 03-18-5146, and Tentative Parcel Map 2023-169, at which hearing members of the public were afforded an GPA 03-18-5145 Agenda of October 15, 2024
CC ATTACHMENT 2
opportunity to comment upon the Project and General Plan Amendment 03-18- 5145; and

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.

SECTION2. CEQA. The requirements of the California Environmental Quality Act (CEQA) have been satisfied in that an Initial Study and Mitigated Negative Declaration were prepared for the Project, including the General Plan Amendment, and the Planning Commission has recommended that the City Council adopt the MND and related conditions. The Initial Study and MND show that there is no substantial evidence, in light of the whole record, that the Project may have a significant effect on the environment with the incorporation of mitigation.

SECTION 3. GENERAL PLAN AMENDMENT. The proposed General Plan Amendment consists of an amendment to Figure LU-1 (the Land Use Map, Exhibit A) of the Land Use Element, to change the land use designation of APN 610-301-20, and 21, and a portion of APN 610-301-07 (Parcel 1 of Tentative Parcel Map 2023-169) from Regional Park/Open Space to Urban Industrial 25 (“UI 25”) as shown on the Map that is attached to this resolution as Exhibit “A” and incorporated herein by reference.

SECTION 4. LOCATION OF DOCUMENTS: The General Plan
Amendment, MND, and all supporting documents are on file and available for public review at 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: The City Council
hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Lake Forest in that:

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

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

GPA 03-18-5145 Agenda of October 15, 2024
CC ATTACHMENT 2
i. The General Plan Amendment is internally consistent because the proposed change to the Land Use Map (Figure LU-1) and Land Use Development Potential Summary (Table LU-1) does not affect any other figures or tables in the General Plan.
ii. The General Plan Amendment complies with Policy LU-1.1 of the Land Use Element, which promotes an appropriate land use plan that fosters and enhances community livability and public health; supports economic development; promotes efficient development and multiple transportation options; reduces pollution, greenhouse gas emissions, and the expenditure of energy and other resources; and ensures compatibility between uses. To meet the diverse, demographic, economic, and social needs of the Community, this General Plan Amendment and the proposed contractor’s storage yard supports the Community’s economic development.
iii. This 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 because development anticipated by the General Plan Amendment will be controlled through a Use Permit and this development is not anticipated to significantly increase the intensity of use on the land, surrounding land uses and infrastructure available. The use proposed, a contractor’s storage yard and its ancillary uses such as a legal non-conforming house remodeled into a commercial office, truck parking and on-site enclosed storage, is anticipated to be compatible with the light industrial uses located in the vicinity. iv. The General Plan Amendment complies with Policy LU-2.4 of the Land Use Element to ensure that the scale and character of the new development is appropriate to the setting and intended use because development anticipated by the General Plan Amendment will be controlled through a Use Permit and the UI 25 development standards. The use proposed, a contractor’s storage yard and its ancillary uses such as such as a legal non-conforming house remodeled into a commercial office, truck parking and on-site enclosed storage, is anticipated to be compatible with the light industrial uses located in the vicinity. v. The General Plan Amendment complies with Policy LU-2.5 requiring that 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 because the requested General Plan Amendment meets the UI 25 development standards and will also be governed through a Use Permit allowing the City to ensure visual compatibility.

GPA 03-18-5145 Agenda of October 15, 2024
CC ATTACHMENT 2
vi. The General Plan Amendment complies with Policy LU-2.8 encouraging affected public agencies to provide necessary facilities and services to support the impact and intensity of development in Lake Forest. The proposed development has been reviewed and is not anticipated to overtax the existing City resources.

Adequate water, public services, sewer capacity, and other services exist and will be available for this project as well as the existing and future projects in this area and adjacent.
vii. The General Plan Amendment complies with Policy LU-3.5 which promotes rehabilitation of older commercial and industrial properties and buildings to enhance their quality and competitive advantage. The proposed development includes the demolition and removal of some existing structures, such as one legal non-conforming single-family home and animal pens, as well as the rehabilitation of some structures, including a barn for storage, and a single-family home to be used as an office by the new business, Great Scott Tree Care. viii. The General Plan Amendment complies with Policy M-5.3 of the Mobility Element, which requires working with the County of Orange to ensure local trails are open and maintained and facilitate access to and from the trails within Lake Forest. The General Plan Amendment ensures the existing County of Orange Serano Creek Trail remains on an undeveloped parcel (Parcel 2 of Tentative Parcel Map 2023-169) and is continues to be designated Regional Park/Open Space and allow public access to the Serrano Creek Regional Hiking and Riding Trail in conformance with Policy M-5.3.

SECTION 6. CITY COUNCIL ACTIONS: The City Council hereby approves General Plan Amendment 03-18-5145, an amendment to the Land Use Map (Figure LU-1, Exhibit A) of the Land Use Element, to change the land use designation of Assessor’s Parcel Numbers [“APN”s] 610-301-20, 21, and a portion of 610-301-07) (Parcel 1 of Tentative Parcel Map 2023-169) from Regional Park/Open Space to UI 25, as shown on the Map that is attached to this resolution as Exhibit “A.”
SECTION 7. EXECUTION OF RESOLUTION. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

GPA 03-18-5145 Agenda of October 15, 2024
CC ATTACHMENT 2
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 15th day of October 2024.

________________

MARK TETTEMER
MAYOR
ATTEST:
___________________________

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:
___________________________

MATTHEW RICHARDSON

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
GPA 03-18-5145 Agenda of October 15, 2024
CC ATTACHMENT 2
I, Lisa Berglund, City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Resolution No. 2024-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 15th day of October 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________

LISA BERGLUND, MPA

CITY CLERK
GPA 03-18-5145 Agenda of October 15, 2024
CC ATTACHMENT 2

EXHIBIT A
Attachment 3
Great Scott Tree Care
Development Agreement Agenda of October 15, 2024
CC ATTACHMENT 3
ORDINANCE NO. 2024- ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, APPROVING A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

LAKE FOREST AND GRIFFITHS RANCH LLC FOR

CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY

OF LAKE FOREST PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65864 ET SEQ.

WHEREAS, the City of Lake Forest (“City”) has found that development agreements strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, pursuant to California Government Code section 65864 et seq., the City of Lake Forest is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein; and
WHEREAS, Griffiths Ranch LLC proposes to develop a contractor’s storage yard, Great Scott Tree Care (“GSTC”) on Parcel 1 of Tentative Parcel Map (“TPM”) 2023-169, a two-parcel subdivision totaling 6.72-acres in the City of Lake Forest and located at 20751 Linear Lane. The entire subdivision is bounded by Linear Lane and industrial buildings to the west, Dimension Drive to the north, industrial buildings to the east adjacent to Prism Lane, and low-density residential uses to the south, and more particularly described in Exhibit “A”, attached hereto and incorporated herein by this reference (“Property”). Parcel 1 of TPM 2023-169 totals 2.05 acres and would be developed as a contractor’s storage yard including an administrative office, indoor storage facilities, a workshop, truck and vehicle parking spaces and a wood-chip storage area. Parcel 2 of TPM 2023-169 totals 4.67 acres and contains the Serrano Creek and Serrano Creek Regional Hiking and Riding Trail. Parcel 2 would remain Great Scott Tree Care
Development Agreement Agenda of October 15, 2024
CC ATTACHMENT 3
undeveloped, and the Serrano Creek Regional Hiking and Riding Trail would remain open for public use; and
WHEREAS, the Griffiths Ranch LLC Development Agreement is one component of several Project entitlements including a General Plan Amendment (“GPA”) 03-18-5145, a Zone Change (“ZC”) 03-18-5144, a Tentative Parcel Map (“TPM”) 2023-169, and a Use Permit (“UP”) 03-18- 5146, (collectively, the Project); and
WHEREAS, Lake Forest Municipal Code Section (“LFMC”)

9.194.080 requires a Development Agreement be processed whenever an amendment to the General Plan for property not owned by the City or Lake Forest Housing Authority is processed; and
WHEREAS, because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Developer, as required by LFMC 9.194.080, is proposing to enter into a Development Agreement concerning the Project (“Development Agreement”) to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the Development Agreement, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project; and
WHEREAS, the City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and
WHEREAS, the City Council has found that this Development Agreement is consistent with the City's General Plan because, among other things, it ensures the scale and character of the development fits with the existing community setting and is compatible with the surrounding uses, as described in the findings herein; and
WHEREAS, the City Council has determined that by entering into the Development Agreement: (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant benefits will be created for City residents and the public generally from increased employment, housing, parks and or park improvements, and the public gathering opportunities created by the Project; and
Great Scott Tree Care
Development Agreement Agenda of October 15, 2024
CC ATTACHMENT 3
WHEREAS, it is the intent of the City and Developer to establish certain conditions and requirements related to review and development of the Project which are or will be the subject of subsequent development applications and land use entitlements for the Project as well as the Development Agreement; and
WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein; and
WHEREAS, the Project is considered a “Project” pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, a Draft Mitigated Negative Declaration (“MND”) evaluating potential environmental effects of and alternatives to the Project, was circulated for public review and comment between September 15, 2021 and October 12, 2021, then following some design changes recirculated between June 7, 2024, and July 8, 2024; and WHEREAS, a Final MND has been prepared and includes the Draft MND, comments on the Draft MND, responses to those comments, and all appropriate revisions to the Draft MND; and
WHEREAS, on August 8, 2024, the Planning Commission held a duly noticed public hearing and considered evidence prepared by staff and the City Attorney’s office, comments submitted in writing and orally before and at the hearing, and all other documents in the administrative record concerning the Project; and
WHEREAS, as provided by LFMC Section 9.194.040 the Planning Commission reviewed four aspects of the Development Agreement:

1. The permitted uses of the property;

2. The density or intensity of use;

3. The maximum height and size of proposed buildings; and

4. Provisions for reservations or dedication of land for public purposes; and
WHEREAS, the terms and conditions of the Development
Agreement have undergone review by the Planning Commission at a publicly noticed hearing and have been found to be fair, just, and reasonable, and consistent with the General Plan.

Great Scott Tree Care
Development Agreement Agenda of October 15, 2024
CC ATTACHMENT 3

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY

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

SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT
(“CEQA”): The City Council, using its independent judgment, has adopted the MND, adopted the Mitigation and Monitoring Reporting Program (“MMRP”), concurrent with this ordinance for the proposed Project, including this Development Agreement.

SECTION 2. GENERAL PLAN CONSISTENCY. Pursuant to
California Government Code Section 65867.5(b) and based on the entire record before the Planning Commission, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan. The Development Agreement is also consistent with the following specific General Plan Policies:
a) The Development Agreement 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 because development anticipated by the Development Agreement will be controlled through a Use Permit and this development is not anticipated to significantly increase the intensity of use on the land, surrounding land uses and infrastructure available. The use proposed, a contractor’s storage yard and its ancillary uses such as truck parking and on-site enclosed storage, is anticipated to be compatible with the light industrial uses located in the vicinity.
b) The Development Agreement complies with Policy LU-2.4 of the Land Use Element to ensure that the scale and character of the new development is appropriate to the setting and intended use because development anticipated by the Development Agreement will be controlled through a Use Permit and this development is not anticipated to significantly increase the intensity of use on the land, surrounding land uses and infrastructure available. The use proposed, Great Scott Tree Care
Development Agreement Agenda of October 15, 2024
CC ATTACHMENT 3
a contractor’s storage yard and its ancillary uses, such as truck parking and on-site enclosed storage is anticipated to be compatible with the light industrial uses located in the vicinity.
c) The Development Agreement complies with Policy LU-2.5 requiring that 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 because the requested Development Agreement will be governed through a Use Permit allowing the City to ensure visual compatibility. d) The Development Agreement complies with Policy LU-2.8 encouraging affected public agencies to provide necessary facilities and services to support the impact and intensity of development in Lake Forest. The proposed development has been reviewed and is not anticipated to overtax the existing City resources. Adequate water, public services, sewer capacity, and other services exist and will be available for this project as well as the existing and future projects in this area and adjacent.

SECTION 3. HEALTH, SAFETY AND WELFARE. Based on the
entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development Agreement will permit land uses that best reflect community needs, including the need for a contractor’s storage yard offering tree trimming services, which will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. The City Council further finds that this Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the area in which the Property is located; and the Development Agreement will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property.

SECTION 4. ADOPTION OF THE DEVELOPMENT
AGREEMENT. The City Council hereby approves and adopts the Development Agreement attached hereto as exhibit "A", entitled "Development Agreement Between The City Of Lake Forest, a California municipal corporation and Griffiths Ranch LLC which will do business as Great Scott Tree Care (“GSTC”)". The Development Agreement shall not take effect unless and until General Plan Amendment (“GPA”) 03-18-5145, Zone Change (“ZC”) 03-18-5144, Tentative Parcel Map (“TPM”) 2023-169, Great Scott Tree Care
Development Agreement Agenda of October 15, 2024
CC ATTACHMENT 3
and a Use Permit (“UP”) 03-18-5146, are each approved by the City Council and the associated MND is adopted by the City Council.

SECTION 5. APPROVAL OF RELATED ENTITLEMENTS.

Notwithstanding the provisions of Chapters 7.05 and 9.184 of the Lake Forest Municipal Code, and pursuant to authorization under Sections 66452 through 66452.2 of the California Subdivision Map Act (Government Code Sections 66410 et seq.) and as provided in section 8.5 of the Development Agreement, the City Council shall be the approving body for the tentative parcel map and use permit for the Project addressed by the Development Agreement.

SECTION 6. ADOPTION OF ORDINANCE. The City Clerk shall
certify the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the Development Agreement, as evidenced by full execution thereof, the City Clerk shall record with the Orange County Recorder a copy of the Development Agreement.

PASSED, APPROVED AND ADOPTED this 15thst day of October 2024, by the following vote, to wit:

MARK TETTEMER
MAYOR
ATTEST:

LISA BERGLUND, MPA

CITY CLERK
Great Scott Tree Care
Development Agreement Agenda of October 15, 2024
CC ATTACHMENT 3
APPROVED AS TO FORM:

MATTHEW E. 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, do hereby certify that the foregoing Ordinance No. ___ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of October 2024, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15th day of October 2024, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

LISA BERGLUND, MPA

CITY CLERK
Great Scott Tree Care
Development Agreement Agenda of October 15, 2024
CC ATTACHMENT 3
EXHIBIT A – DEVELOPMENT AGREEMENT
55136.00461\42107206.2
Recorded at request of: )
City Clerk )
City of Lake Forest )
)
When recorded return to: )
City of Lake Forest )
100 Civic Center Dr. )
Lake Forest, CA 92630 )
Attention: City Clerk )
)
______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §6103 DEVELOPMENT AGREEMENT NO. [_____]

A DEVELOPMENT AGREEMENT BETWEEN

CITY OF LAKE FOREST
and

GRIFFITHS RANCH, LLC
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DEVELOPMENT AGREEMENT NO. [_____]
This Development Agreement (hereinafter “Agreement”), effective ___________, 2024, is between the City of Lake Forest, California (“City”), and Griffiths Ranch, LLC a limited liability corporation (“Owner”):

RECITALS
WHEREAS, City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, under Section 65864 et seq. of the Government Code; and WHEREAS, this Agreement constitutes a current exercise of City’s police powers to provide predictability to Owner in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development consistent with the Development Plan in exchange for Owner’s commitment to provide significant public benefits to City as set forth in Section 4 below.

WHEREAS, Owner has requested City to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of City; and WHEREAS, Owner desires to develop the Property, which consists of a contractor’s storage yard, APNs: 610-301-20, 610-301-21, and 610-301-07 (Parcels 1 and 2 of Tentative Parcel Map 2023-169) located at 20751 Linear Lane, and more specifically described by Exhibit A hereto; and
WHEREAS, the best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement; and WHEREAS, the City Council hereby finds and determines that this development agreement will enable the City to support expansion of its trail system and will therefore implement numerous general plan and other public policies of the City; and WHEREAS, the provision by Owner of these aforementioned public benefits allows the City to realize significant economic and social benefits.

WHEREAS, the physical effects, if any, of the Project and this Agreement have been analyzed in accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res.

Code section 21000 et seq.); and
WHEREAS, this Agreement and the Project are consistent with the Lake Forest General Plan and any specific plan, as amended, applicable thereto; and WHEREAS, all actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, 55136.00461\42107206.2
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findings, votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to City and will further important policies and goals of City; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864 et seq. of the Government Code are intended.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “City” means the City of Lake Forest, a California municipal corporation.

1.1.3 “City Council” means the duly elected city council of the City of Lake Forest.

1.1.4 “Commencement Date” means the date the Term of this Agreement commences.

1.1.5 “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction, or redevelopment of any building, structure, improvement, or facility after the construction and completion thereof.

1.1.6 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by City in connection with development of the Property including, but not limited to:
(a) general plan, general plan amendments, specific plans and specific plan amendments;
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(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits, architectural review, and plot plans;
(d) zoning;
(e) grading and building permits.
(f) conceptual site plan and design review and final site plan and design review

1.1.7 “Development Exaction” means any requirement of City in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.8 “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park “in lieu” fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4.

1.1.9 “Development Plan” means the plan for development of the Property as set forth in Exhibit “C”.

1.1.10 “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective.

1.1.11 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any City ordinance, resolution, code, rule, regulation, or official policy, governing:
(a) the conduct of businesses, professions, and occupations; 55136.00461\42107206.2
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(b) taxes (special or general) and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.12 “Owner” means the persons and entities listed as Owner on page 1 of this Agreement and their successors in interest to all or any part of the Property.

1.1.13 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.14 “Project” means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.15 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.

1.1.16 “Public Benefit” refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below.

1.1.17 “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” – Legal Description of the Property.

Exhibit “B” – Map showing Property and its location.

Exhibit “C” – Development Plan.

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement and development of the Property shall be carried out in accordance with the terms of the Development Plan and this Agreement.
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2.2 Ownership of Property. Owner represents and covenants that it is the owner of the fee simple title to, or has an equitable interest in, the Property or a portion thereof.

2.3 City Council Findings. The City Council finds that:

2.3.1 This Agreement is consistent with the City’s General Plan.

2.3.2 This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City.

2.3.3 This Agreement provides public benefits beyond those which are necessary to mitigate the development of the Project.

2.3.4 This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government.

2.3.5 The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement.

2.4 Term. The term of this Agreement shall commence on the date (the “Commencement Date”) that is the Effective Date and shall continue for a period of five years thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement.

Thereafter, the Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid any Development Impact Fee.

2.5 Assignment.

2.5.1 Right to Assign. Owner shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer, or assignment, Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement (“Assignment and Assumption Agreement”), in a form reasonably acceptable to City, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties, 55136.00461\42107206.2
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obligations, agreements, covenants, waivers of Owner under this Agreement, including, without limitation, the covenants not to sue and waivers contained in Sections 7.2 and 8.4 hereof.

Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.5.1, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed.

2.5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement with respect to the transferred Property or any transferred portion thereof, unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of the following conditions:
(a) Owner no longer has a legal or equitable interest in all or any part of the Property subject to the transfer.
(b) Owner is not then in default under this Agreement.
(c) Owner has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 2.5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder.

2.5.3 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.

2.5.4 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project, prior to the issuance of a certificate of occupancy for any portion of the Project.

2.5.5 Sale to Public and Completion of Construction. The provisions of Subsection 2.5.1 shall not apply to the sale or lease (for a period longer than one year) of any lot that has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. This Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other 55136.00461\42107206.2
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ultimate user; and
(b) A certificate of occupancy has been issued for a building on the lot, and the fees for such lot set forth in this Agreement have been paid.

2.6 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement.

2.7 Termination. This Agreement shall be deemed terminated and of no further effect upon the latter to occur if the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.4. (b) Entry of a final judgment setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement.
(c) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by City or applicable public agency of all required dedications.

The foregoing notwithstanding, this Agreement shall not terminate if the Owner has filed an application for amendment of this Agreement (and any associated Development Approvals) prior to completion of the Project. If the Owner has filed such application, this Agreement shall not terminate until the later of: (1) the City approves the amendment and the Project, as amended, is completed; (2) the City denies the amendment application; or (3) the Owner formally withdraws the amendment application.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement.

2.8 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and 55136.00461\42107206.2
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addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows:

If to City:

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630
Attention: City Manager
Copy to:

Best Best & Krieger LLP
18101 Von Karman Ave.

Irvine, CA 92612
Attention: Mal Richardson
If to Owner:

Griffiths Ranch, LLC.
10761 Court Ave
Stanton, CA 90680
Copy to:

Cox, Castle & Nicholson LLP
3121 Michelson Drive, Suite 200
Irvine, CA 92612
Attention: Sean Matsler
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservation of Rights, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement. Except as expressly provided otherwise herein, the Project shall remain subject to all Land Use Regulations and Development Approvals in effect on the Effective Date that are required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, 55136.00461\42107206.2
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and provisions for reservation and dedication of land for public purposes shall be those set forth in the Land Use Regulations and Development Approvals in effect on the Effective Date or, if consented to by Owner, those subsequently adopted or amended. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, and construction standards and specifications applicable to development of the Property shall be the Land Use Regulations and Development Approvals in effect on the Effective Date of this Agreement or any amendments thereto. In connection with any subsequently imposed Development Approvals and except as specifically provided otherwise herein, City may exercise its discretion in accordance with the Land Use Regulations then in effect, as provided by this Agreement, including, but not limited to, the Reservation of Rights. City shall accept for processing, review and action all applications for subsequent development approvals, and such applications shall be processed in the same manner and the City shall exercise its discretion, when required or authorized to do so, to the same extent it would otherwise be entitled in the absence of this Agreement.

3.3 Reservation of Rights.

3.3.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property:
(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.
(c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the City or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would 55136.00461\42107206.2
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physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan.
(e) Regulations that may be in material conflict with this Agreement but that are reasonably necessary to protect the users of the project or the immediate community from a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement.
(f) Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to development of that Property in which the Owner has a legal or equitable interest. (h) Regulations that impose, levy, alter or amend fees, charges, or Land Use Regulations relating to consumers or end users, including, without limitation, trash can placement, service charges, and limitations on vehicle parking. (i) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City.

3.3.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on subsequent development approvals and to the same extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement, except as specified in Section 3.2.

3.3.3 Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.3.4 Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement's express terms so restricted.
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3.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.

3.5 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the Parties to provide for the timing of the Project in this Agreement. To do so, the Parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and subphases as Owner deems appropriate in its sole subjective business judgment

3.6 Conditions, Covenants and Restrictions. Owner shall have the ability to reserve and record such covenants, conditions, and restrictions (CC&Rs) against the Property as Owner deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement or the General Plan. Before recording any CC&Rs, Owner shall provide a copy of the CC&Rs to the City for review and approval by the City Attorney. The City Attorney’s review shall be limited to determining if the CC&Rs substantially comply with this Agreement.

The City must be named as an intended third-party beneficiary of the CC&Rs, with a right to enforce the same, with respect to any provision that implements a City requirement or condition of approval. Within thirty (30) days after receiving a copy of the proposed CC&Rs from Owner, the City Attorney shall provide Owner with either (i) a statement that the CC&Rs comply with this Agreement (“CC&R Approval”) or (ii) written comments identifying each aspect of the CC&Rs which the City Attorney believes not to be in compliance with this Agreement (a “Statement of Non-Compliance”). If the City Attorney fails to provide Owner with either CC&R Approval or a Statement of Non-Compliance within thirty (30) days following a written request by Owner, City shall be deemed to have approved the CC&Rs and Owner may record the CC&Rs against the Property. If the City Attorney provides a Statement of Non-Compliance, Owner shall have thirty (30) days in which to respond to the Statement of Non-Compliance.

Upon submittal of Owner’s response, the procedure described above for the initial submittal and City Attorney review of proposed CC&Rs shall again be followed. This procedure shall be followed until Owner either (1) receives CC&R Approval, (2) submits the compliance issues to binding arbitration pursuant to the rules of the American Arbitration Association, (3) files an action for declaratory relief in Los Angeles Superior Court seeking a judicial determination of the compliance of the proposed CC&Rs, or (4) agreement is otherwise reached between the Parties allowing for the recording of the CC&Rs. The CC&Rs may run with the land and bind Owner’s successors and assigns. Except as provided above, any dispute between the Parties regarding the City’s approval or rejection of the CC&Rs shall be subject to immediate and binding arbitration pursuant to the rules of the American Arbitration Association.

3.7 Amendments. Owner may apply to City for permits or approvals necessary to modify or amend the Project specified in the Development Approvals. This Agreement does not constitute a promise or commitment by City to approve any such permit or approval, or to 55136.00461\42107206.2
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approve the same with or without any particular requirements or conditions, and City’s discretion with respect to such matters shall be the same as it would be in the absence of this Agreement.

4. PUBLIC BENEFITS.

4.1 Public Benefits.

4.1.1 General. The Owner will contribute twenty-five thousand dollars ($25,000) to the City. The Project will also serve to re-vitalize an under-developed site, will provide on-site infrastructure upgrades; and will provide additional sales tax revenues to the City. The Project will stimulate the local economy by revitalizing existing shopping experiences, and adding new dining and commercial opportunities. Lastly, the Project will implement numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.

4.1.2 One-Time Public Benefit Fee. Owner shall pay to City twenty-five thousand dollars ($25,000.00) (“One-Time Public Benefit Fee”). The One-Time Public Benefit Fee will be paid by Owner to City and deposited into the City’s general fund on or before the Effective Date of this Agreement.

4.1.3 Development Impact Fees. Owner shall pay all Development Impact Fees applicable to the Project at the time such amounts are due, but no later than prior to the issuance of building permits. No fees shall be required for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to this Subsection 4.1.3 shall be paid prior to the re-issuance or extension of any building permit for which such fees have not previously been paid.

4.1.4 Future Development Impact Fees; Increases. The Parties hereby agree that the Project shall be subject to the imposition of any Development Impact Fee that becomes effective after the Effective Date. In addition, the Project shall be subject to any increase, amendment or alteration of any Development Impact Fee that becomes effective after the Effective Date.

4.1.5 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of Owner or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Term of this Agreement.

Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the Project and Property notwithstanding any provision of this Agreement and notwithstanding the prepayment of Development Impact Fees,any increase or amendment of any Development Impact Fee, or any combination thereof.

4.4 Dedication of On-Site Easements and Rights of Way. Owner shall dedicate to City all on-site rights of way and easements deemed necessary for public improvements, as specified in the Development Approvals.

4.5 Timing of Construction of Off-Site Infrastructure. Approval of any building 55136.00461\42107206.2
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permits on the Property shall be conditioned upon City's determination, in its sole discretion, that sufficient progress is being made on construction of on-site and off-site infrastructure serving development of Owner's Property.

5. FINANCING OF PUBLIC IMPROVEMENTS. Owner may propose, and if requested by City shall cooperate in, the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. To the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, Owner may be reimbursed to the extent that Owner spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring City or the City Council to form any such district or to issue and sell bonds.

6. REVIEW FOR COMPLIANCE.

6.1 Periodic Review. The City shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the compliance by Owner with the terms of the Agreement. Owner shall submit an Annual Monitoring Report, in a form acceptable to the City Manager, within thirty (30) days after written notice from the City Manager. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council.

6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager, or his or her designee, shall conduct such special reviews.

6.3 Procedure.
(a) During either a periodic review or a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on Owner.
(b) Upon completion of a periodic review or a special review, the City Manager, or his or her designee, shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. If the City Manager’s report recommends finding the Owner is not in good-faith compliance with the terms of this Agreement, the City shall provide the Owner a minimum of thirty (30) days advanced written notice of the submittal of a report to the Planning Commission. The notice shall specify the date, time, and location the report and recommendation are to be considered by the Planning Commission. 55136.00461\42107206.2
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(c) If the Planning Commission finds and determines on the basis of substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
(d) If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement, the Commission may recommend to the City Council modification or termination of this Agreement. Owner may appeal a Planning Commission determination pursuant to this Section 6.3(d) pursuant to City’s rules for consideration of appeals in zoning matters then in effect. Notice of default as provided under Section 7.3 of this Agreement shall be given to Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5.

6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section

6.3, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not City proposes to terminate or to modify the Agreement; and,
(c) Such other information that the CITY considers necessary to inform Owner of the nature of the proceeding.

6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement.

The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final.

6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.

Whether or not the Certificate is relied upon by assignees or other transferees or Owner, 55136.00461\42107206.2
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City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council.

7. DEFAULT AND REMEDIES.

7.1 Remedies in General. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in damages to Owner, or to any successor in interest of Owner, or to any other person, and Owner covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

7.2 Release. Except for non-monetary remedies, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________
Owner's Initials
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7.3 Termination or Modification of Agreement for Default of Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, City may terminate or modify this Agreement pursuant to this Section only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured, Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

7.4 Termination of Agreement for Default of City. Owner may terminate this Agreement only in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. Owner shall have no right to monetary damages from City for any reason except for fraud, gross negligence, or willful misconduct.

8. LITIGATION.

8.1 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, or the approval of any permit granted pursuant to this Agreement. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, proceeding or determination.

8.2 Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns, and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such action. 55136.00461\42107206.2
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8.3 Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.

8.4 Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. In the event of any breach of the covenant or waiver contained herein, City shall, in addition to any other remedies provided for at law or in equity, be entitled to:
(a) impose and recover (at any time, including after sale to a member of the public or other ultimate user) from the party breaching such covenant or waiver, the full amount of Development Impact Fees that the breaching party would have been required to pay in the absence of this Development Agreement; and (b) impose any subsequently adopted land use regulation on those land use approvals for which the breaching party had not, as of the time of such breach, obtained a building permit.

Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

8.5 Survival. The provisions of Sections 8.1 through 8.4, inclusive, shall survive the termination of this Agreement.
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9. MORTGAGEE PROTECTION.

The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner's obligations under this Agreement.
(c) If City timely receives a request from a mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement.

10. MISCELLANEOUS PROVISIONS.

10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Los Angeles Recorder by the Clerk of the City Council within ten (10) days after the City enters into the Agreement, in accordance with Section 65868.5 of the 55136.00461\42107206.2
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Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall have notice of such action recorded with the Los Angeles Recorder.

10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

10.3 Severability. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the One Time Public Benefit Fee, Ongoing Public Benefit Fee, and Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void, or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

10.6 Singular and Plural. As used herein, the singular of any word includes the plural.

10.7 Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such OwnerS under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such OwnerS. Notwithstanding the foregoing, no Owner of a single lot that has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as expressly provided for herein.

10.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
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10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the Term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the Term of this Agreement shall not be extended under any circumstances for more than five (5) years.

10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an 55136.00461\42107206.2
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independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property.

10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.

10.19 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.

10.20 Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder.
(Signatures on following page)
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IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below.

Owner
Griffiths Ranch, LLC.
a California Corporation
By:_______________________
____________________________________
_
[INSERT]
Dated: _______________
City
City OF LAKE FOREST, a California
municipal corporation
By:___________________________
Mayor
Dated: _______________
ATTEST:

By:_________________________________
City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
____________________________________
City Attorney
55136.00461\42107206.2
Exhibit A
EXHIBIT “A”
(Legal Description of the Property)
55136.00461\42107206.2
Exhibit B
EXHIBIT “B”
(Map of the Property)
55136.00461\42107206.2
Exhibit C
EXHIBIT “C”
(Development Plan)
[Insert as applicable]
Specific Plan No. [___________]
Site Plan and Design Review No. [____________]
Conceptual Site Plan and Design Review No. [____________] Zoning Ordinance Amendment No. [____________]
Conditional Use Permit No. [____________]
55136.00461\42107206.2
55136.0410A\42447294.1
Attachment 4
ZC 03-18-5144 Agenda of October 15, 2024
CC ATTACHMENT 4
Ordinance No. 2024– _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF LAKE FOREST, CALIFORNIA APPROVING ZONE
CHANGE 03-18-5144, CHANGING THE ZONING OF THE
PROPERTY LOCATED AT 20751 LINEAR LANE;
SPECIFICALLY A PORTION OF APN 610-301-07
(PARCEL 2 OF TENTIATIVE PARCEL MAP 2023-169)

FROM LIGHT INDUSTRIAL/ PLANNED DEVELOPMENT

TO OPEN SPACE CONSERVATION, AND THE
REMAINING PORTION OF APN 610-301-07 FROM LIGHT

INDUSTRIAL/PLANNED DEVELOPMENT TO URBAN
INDUSTRIAL 25, AND APNs 610-301-20 AND 21 FROM
AGRICULTURE (“A 1”) TO URBAN INDUSTRIAL 25 (“UI
25”)
WHEREAS, on March 22, 2018, Steve Guzowski on behalf of Brian Hess, property owner, filed applications for General Plan Amendment (“GPA”) 03-18- 5145, a Development Agreement, Zone Change (“ZC”) 03-18-5144, and Use Permit (“UP”) 03-18-5146 for the development of a contractor’s storage yard (“Project”), at 20751 Linear Lane; and
WHEREAS, Municipal Code Chapter 9.196 requires the approval of a Zone Change to reclassify a property from one zoning district to another zoning district; and
WHEREAS, the requested Zone Change would change the zoning designation of the Property encompassing APNs 610-301-20, and 21, and a portion of APN 610-301-07 from Agriculture and Light Industrial/Planned Development to Urban Industrial 25, and the remaining portion of APN 610-301- 07 from Light Industrial/Planned Development to Open Space Conservation; and WHEREAS, on October 3, 2023, Brian Prock of the Trestle Companies, on behalf of Griffiths Ranch, LLC (Applicant) filed Tentative Parcel Map (“TPM”) 2023- 169 to consolidate three parcels, APN 610-301-20, and 21, and a portion of APN 610-301-07, into two parcels; and
WHEREAS, Parcel 1 would be comprised of APN 610-301-20, and 21, and a portion of APN 610-301-07 to accommodate the proposed contractor’s storage yard subject to a City Council approved Use Permit at 20751 Linear Lane (Parcel ZC 03-18-5144 Agenda of October 15, 2024
CC ATTACHMENT 4
1 of TPM 2023-169) and the remaining portion of APN 610-301-07 (Parcel 2 of TPM 2023-169) would maintain its existing Regional Park/Open Space land use designation and would continue to include Serrano Creek and the Serrano Creek Regional Hiking and Riding Trail; and
WHEREAS, the County of Orange maintains a scenic preservation easement totaling 241,990.44 square-feet over the “Project” site, including all of APN 610-301-07 (Parcel 2 of TPM 2023-169), specifically a portion of an existing Scenic Preservation Easement recorded on Parcel Map 86-133; and WHEREAS, the Entitlement Division Manager/OC Parks, determined, in a letter dated January 24, 2024,(Exhibit A) to Brian Prock, the applicant’s representative, that pursuant to the restrictions of the easement, the maximum allowable disturbed area within the Scenic Preservation Easement is 15% and the easement area which calculates to 36,298.50 square feet, and WHEREAS, the Project will disturb up to 15%, of the easement area or 36,295.53 square feet, in compliance with the Scenic Preservation Easement restriction; and
WHEREAS, a Mitigated Negative Declaration (“MND”) for the proposed Project was circulated between September 15, 2021 through October 14, 2021, and recirculated June 12, 2024 through July 11, 2024; and WHEREAS, the MND analyzed the impacts relating to the whole of the Project, including the proposed Zone Change and the MND determined that the Project would have a less significant impact on the environment with the incorporation of mitigation; and
WHEREAS, on October 15, 2024, the City Council adopted the MND and approved a Mitigation Monitoring and Reporting Program (MMRP) for the Project; and
WHEREAS, entitlements for this development project include this zone change, which under Code Section 9.196.040 (Zoning ordinance procedure) requires the Planning Commission to hold a public hearing and recommend to the City Council that the proposed zoning ordinance be approved, disapproved, or conditionally approved; and
WHEREAS, on July 25, 2024, the City gave public notice of the Planning Commission public hearing for consideration of Zone Change by advertising in a newspaper of general circulation, and on July 25, 2024, by posting notices at City ZC 03-18-5144 Agenda of October 15, 2024
CC ATTACHMENT 4
Hall, and by mailing to owners of property within a 300-foot radius of the Project site; and
WHEREAS, on August 8, 2024, the Planning Commission conducted a duly noticed public hearing to consider General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Use Permit 03-18-5146, and Tentative Parcel Map 2023-169 (“Project”), at which hearing members of the public were afforded an opportunity to comment upon the Project and Zone Change 03- 18-5144; and
WHEREAS, on August 8, 2024, the Planning Commission adopted a resolution recommending that the City Council approve Zone Change 03-18-5144; and
WHEREAS, on October 15, 2024, the City Council conducted a duly noticed public hearing to consider General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Use Permit 03-18-5146, and Tentative Parcel Map 2023-169, at which hearing members of the public were afforded an opportunity to comment upon Zone Change 03-18-5144.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES ORDAIN 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 Ordinance.

SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City Council has reviewed and considered the information contained in the revised MND, revised Initial Study, comments received, and other documents contained in the administrative record for the Project. The City Council finds that the revised MND and revised Initial Study contain a complete and accurate reporting of the environmental impacts associated with the Project. The City Council also finds that the revised MND and the revised Initial Study have been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.

SECTION 3. The Planning Commission has recommended that the City Council approve the Final MND and the related Mitigation Monitoring Reporting Program (“MMRP”) before approving the Project, including the Development Agreement.

The Initial Study and MND show that there is no substantial evidence, in light of ZC 03-18-5144 Agenda of October 15, 2024
CC ATTACHMENT 4
the whole record, that the Project does not have a significant effect on the environment with the incorporation of mitigation.

SECTION 4. GENERAL PLAN: The City Council hereby finds that the proposed Zone Change is compatible with the objectives, policies, and General Plan land use programs specified in the General Plan for the City of Lake Forest in that:

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

B. The Zone Change to change the zoning designation of APNs 610-301-20, 601-301-21 and a small portion of 610-301-07 (Parcel 1 of TPM 2023-169) from Agriculture and Light Industrial/Planned Development to Urban Industrial 25, and the remainder of APN 610-301-07 (Parcel 2 of TPM 2023- 169) from Light Industrial/Planned Development to Open Space Conservation is compatible with the objectives, policies, general land uses, and programs specified in the General Plan for the following reasons:
i. APNs 610-301-20, 601-301-21 and a small portion of 610-301-07 (Parcel 1 of TPM 2023-169) would be designated Urban Industrial (“UI”) 25 by the City’s General Plan Land Use Map with approval of GPA 03-18-5145. The General Plan’s Urban Industrial (“UI”) 25 land use designation provides for residential uses and/or a mix of traditional light industrial and commercial uses which have historically been allowed in the City’s industrial areas. The Project, a contractor’s storage yard proposed under UP 03-18-5146, is a light industrial use consistent with the UI 25 district which allows for light industrial development.

The remaining portion of APN 610-301-07 (Parcel 2 of TPM 2023- 169) is designated Regional Park/Open Space by the City’s General Plan Land Use Map and will remain as such. The General Plan’s Regional Park/Open Space land use designation provides for public recreational uses designed to meet the active and passive recreational needs of the community and other nearby areas in the region. This designation allows for Serrano Creek and the Serrano Creek Regional Hiking and Riding Trail and is consistent with the Open Space Conservation district which allows for active and passive recreational needs such as Serrano Creek, and the Serrano Creek Trail.

ZC 03-18-5144 Agenda of October 15, 2024
CC ATTACHMENT 4
ii. The Zone Change complies with Policy LU-1.1 of the Land Use Element which promotes an appropriate land use plan that fosters and enhances community livability and public health; supports economic development; promotes efficient development and multiple transportation options; reduces pollution, greenhouse gas emissions, and the expenditure of energy and other resources; and ensures compatibility between uses. This zone change will allow APNs 610-301-20, and 610-301-21 which were previously zoned Light Industrial/Planned Development, and a small portion of APN 610-301-07 which was previously zoned Agriculture (“A1”), and which together form Parcel 1 of TPM 2023-169, to be developed as a contractor’s storage yard with the approval of UP 03-18-5146.

A contractor’s storage yard is a light industrial use in support of economic development. This zone change also allows the
remaining portion of APN 610-301-07 (Parcel 2 of TPM 2023-169), which was previously zoned Light Industrial/Planned Development to now be zoned Open Space Conservation and shall remain undeveloped except for Serrano Creek and the Serrano Creek Trail in support of enhancing community livability.
iii. The Zone Change complies with Policy LU-2.1 of the Land Use Element which ensures that new development fits within the existing community setting and is compatible with surrounding land uses and public infrastructure availability. The proposed use, a contractor’s storage yard on APNs 610-301-20, and 610-301-21 and a small portion of APN 610-301-07 (Parcel 1 of TPM 2023- 169) includes a 2,360 square-foot one-story administrative office, an existing 3,712 barn used for storage, a 400 square-foot workshop, four eight-foot x twenty-foot (640 square-feet) steel storage containers, a 3,800 square-foot chipping storage area, and parking lot for 23 tree-trimming trucks and 10 vehicles, is compatible with the surrounding commercial office and industrial land uses.
iv. The Zone Change complies with Policy LU 2.5 of the Land Use Element which requires 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. The site will include ten new pepper trees, seven of which will be planted to block 8 truck parking spaces adjacent to Serrano Creek, plus additional shrubs and trees will be planted throughout the site to provide screening.

ZC 03-18-5144 Agenda of October 15, 2024
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The project architecture includes renovating the existing barn to its original condition, and the dilapidated home which is to become an administrative office will be renovated into a California farmhouse architectural style which will not detract from adjacent modern industrial developments.
v. The Zone Change complies with Policy ED-3.4 of the Economic Development Element, which promotes cooperation with regional partners on economic development efforts that further overall regional competitiveness and economic strength. This Zone Change required cooperation with the County of Orange to allow the proposed contractor’s storage yard to disturb up to 15% (36,295.53 square-feet of a total 36,298.50 square-feet) of its scenic development easement thereby supporting overall City and regional competitiveness and economic strength.
vi. The Zone Change complies with Policy RR 1.1 of the Parks and Recreation Element, which provides residents with a wide variety of public and private recreational lands, facilities, trails, and recreational amenities to foster a comprehensive system for residents that is usable for a diverse community. By maintaining most of APN 610-301-07 (Parcel 2 of TPM 2023-169) undeveloped Serrano Creek and the Serrano Creek Trail will remain available for the public’s enjoyment.
vii. The Zone Change complies with Policy RR 3.4 of the Parks and Recreation Element which requires consultation with Native American tribes that may be impacted by proposed development, as necessary, and in accordance with state, local, and tribal intergovernmental consultation requirements. Accordingly, as required by Government Code Section 65352.3 on December 7, 2020, the City sent letters to the California Native American Tribes that are on the contact list maintained by the Native American Heritage Commission, and consulted with the Gabrieleño Band of Mission Indians-Kizh Nation. Consultation was offered again on October 7, 2023, and mitigation measures TCR-1, 2, and 3, requested by the Tribe were added as Conditions of Approval 22, 23, AND 24 of the Use Permit Resolution.

SECTION 5. HEALTH, SAFETY, AND WELFARE. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that this Zone Change promotes the public health, ZC 03-18-5144 Agenda of October 15, 2024
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safety, and welfare of the community because it will permit land uses that best reflect community needs and will allow for the most efficient and logical development of the real property. The City Council further finds that this Zone Change is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Property is located; and the Zone Change will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property. Further, the Zone Change will not adversely affect the public health, safety, or welfare in that it does not create nonconformities within remaining portions of the City.

SECTION 6. LOCATION OF DOCUMENTS. The documents related to this Resolution are on file and available for public review at Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The Director of Community Development is the custodian of these documents.

SECTION 7. CITY COUNCIL ACTIONS. The City Council hereby adopts an ordinance approving Zone Change 03-18-5144, to change the zoning designation of APNs 610-301-20, 601-301-21 and a small portion of 610-301-07 (Parcel 1 of TPM 2023-169) from Agriculture and Light Industrial/Planned Development to Urban Industrial 25, and the remainder of APN 610-301-07 (Parcel 2 of TPM 2023- 169) from Light Industrial/Planned Development to Open Space Conservation as shown on the Map that is attached to this resolution as Exhibit “A” and incorporated herein by reference.

SECTION 8. EFFECT OF ZONE CHANGE. The City of Lake Forest Zoning Map, as amended by this ordinance, shall govern the zoning for the subject property.

The development of the property, and all subsequent approvals, shall be in compliance with the Zoning applicable to the Subject Property now or in the future, to the extent other planning, zoning, land use, development, and development approval process regulations adopted by the City of Lake Forest are applicable and not inconsistent or in conflict with the zoning designation for the subject property.

SECTION 9. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

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SECTION 10.PUBLICATION: The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Lake Forest, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933.

SECTION 11.EFFECTIVE DATE. This Ordinance shall take effect 30 days after its adoption. Notwithstanding the foregoing, Zone Change 03-18-5144 shall not be effective unless and until GPA 03-18-5145, the related Development Agreement, Tentative Parcel Map 2023-169, and Use Permit 03-18-5146 are adopted or executed by the City Council and become effective.

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 15th day of October 2024, by the following vote, to wit:
____________________

MARK TETTEMER
MAYOR
ATTEST:
___________________________

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:
___________________________

MATTHEW RICHARDSON

CITY ATTORNEY
ZC 03-18-5144 Agenda of October 15, 2024
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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 Ordinance No. 2024-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 15th day of October 2024, 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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EXHIBIT A: ZONE CHANGE MAP
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Attachment 5
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RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA APPROVING
TENTATIVE PARCEL MAP 2023-169, A REQUEST

TO CONSOLIDATE THREE PARCELS INCLUDING
ASSESSOR’S PARCEL NUMBERS 610-301-20, 610-
301-21, and 610-301-07 LOCATED AT 20751 LINEAR

LANE INTO TWO PARCELS REFERRED TO AS
PARCELS 1 AND 2 OF TENTATIVE PARCEL MAP
2023-169
WHEREAS, on March 22, 2018, Steve Guzowski on behalf of Brian Hess, property owner, filed General Plan Amendment (“GPA”) 03-18-5145 and a Development Agreement request, pursuant to Lake Forest Municipal Code (“LFMC”) section 9.194.080, which requires the concurrent filing of a DA whenever a GPA is requested. The applicant also filed Zone Change (“ZC”) 03-18-5144 and Use Permit (“UP”) 03-18-5146 for the development of a contractor’s storage yard (“Project”), and
WHEREAS, on October 3, 2023, Brian Prock of the Trestle Companies, on behalf of Griffiths Ranch, LLC (Applicant) filed Tentative Parcel Map (“TPM”) 2023- 169 to merge three parcels (APN 610-301-20, and 21, and a portion of APN 610- 301-07) into two parcels now referred to as Parcels 1 and 2 of TPM 2023-169; and WHEREAS, subdivisions are allowed with Planning Commission approval of a Tentative Parcel Map per Chapter 7.03 of the Lake Forest Municipal Code; and
WHEREAS, a Mitigated Negative Declaration (“MND”) for the proposed Project was circulated between September 15, 2021 through October 14, 2021, and recirculated June 12, 2024 through July 11, 2024; and WHEREAS, the MND analyzed the impacts related to the proposed Project, including TPM 2023-169; and
WHEREAS, on August 8, 2024, the Planning Commission passed, approved, and adopted a resolution recommending that the City Council adopt the MND and approve a Mitigation Monitoring and Reporting Program (MMRP) for the Project; and
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WHEREAS, entitlements for this development project include a General Plan Amendment, Development Agreement, Zone Change, Tentative Parcel Map, and Use Permit, which, under Lake Forest Municipal Code Section 9.184.040 (Processing Procedures), requires the Planning Commission to hold a public hearing and recommend to the City Council that the proposed entitlements be approved, disapproved, or conditionally approved; and
WHEREAS, on July 25, 2024, the City gave public notice of the Planning Commission public hearing for consideration of Tentative Parcel Map 2023-169 by advertising in a newspaper of general circulation, and on July 25, 2024, by posting notices at City Hall, and by mailing to owners of property within a 300-foot radius of the Project site; and
WHEREAS, on August 8, 2024, the Planning Commission conducted a duly noticed public hearing to consider General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Tentative Parcel Map 2023- 169, and Use Permit 03-18-5146, at which hearing members of the public were afforded an opportunity to comment upon these applications; and WHEREAS, on August 8, 2024, the Planning Commission adopted a resolution recommending that the City Council approve Tentative Parcel Map 2023-169; and
WHEREAS, on September 19, 2024, the City gave public notice of the City Council public hearing for consideration of General Plan Amendment 03-18-5145 by advertising in a newspaper of general circulation, and on September 16, 2024, by posting notices at City Hall, and by mailing to owners of property within a 300- foot radius of the project site; and
WHEREAS, on October 15, 2024, the City Council conducted a duly noticed public hearing to consider General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Use Permit 03-18-5146, and Tentative Parcel Map 2023-169, at which hearing members of the public were afforded an opportunity to comment upon Tentative Parcel Map 2023-169; and

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

SECTION 1. RECITALS. The Lake Forest City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
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SECTION 2. CEQA. The requirements of the California Environmental Quality Act (CEQA) have been satisfied in that an Initial Study and Mitigated Negative Declaration were prepared for the Project, including the General Plan Amendment, and the Planning Commission has recommended that the City Council adopt the MND and related conditions. The Initial Study and MND show that there is no substantial evidence, in light of the whole record, that the Project may have a significant effect on the environment with the incorporation of mitigation.

SECTION 3. FINDINGS. The City Council hereby finds, based on consideration of the whole record before it, as follows:

1. The proposed map is consistent with the General Plan.

The proposed Tentative Parcel Map is being concurrently processed with General Plan Amendment 03-18-5145, which will change the General Plan designation of Parcel 1 (portion of APN 610-301-07, and APNs 610-301-20 and 21) from Regional Park/Open Space to Urban Industrial 25 (UI 25).

Parcel 2 (the remainder of APN 610-301-07) would maintain the existing General Plan Designation of Regional Park/Open Space. The subdivision of the lot is consistent with both the Urban Industrial 25 (UI 25) and Regional Park/Open Space land use designations. Furthermore, all elements of the subdivision are compatible with the objectives, policies, and general land use programs of the General Plan, as further described below. Accordingly, the proposed Tentative Parcel Map is consistent with the City’s General Plan.

2. The design and improvement of the proposed subdivision is consistent with the General Plan.

The proposed Tentative Parcel Map is being concurrently processed with General Plan Amendment 03-18-5145, which will change the General Plan designation of Parcel 1 to Urban Industrial 25 (UI 25). This designation provides for a contractor’s storage yard with the approval of a Use Permit, which is also being processed concurrently. Additionally, Parcel 2 has a General Plan designation of Regional Park/Open Space which ensures the Parcel remains undeveloped and continues to maintain the Serrano Creek and Serrano Creek Trail as well as the County of Orange Scenic Preservation Easement.

In addition, the project is consistent with the policies from the City’s General Plan. Specifically, the project is consistent with the following General Plan Policies related to development:
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 Policy LU-1.1 of the Land Use Element, which promotes an appropriate land use plan that fosters and enhances community livability and public health; supports economic development; promotes efficient development and multiple transportation options; reduces pollution, greenhouse gas emissions, and the expenditure of energy and other resources; and ensures compatibility between uses. To meet the diverse, demographic, economic, and social needs of the Community, this Tentative Parcel Map and the proposed contractor’s storage yard support the Community’s economic development.
 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 because development anticipated by the Tentative Parcel Map will be controlled through a Use Permit and this development is not anticipated to significantly increase the intensity of use on the land, surrounding land uses and infrastructure available. The use proposed, a contractor’s storage yard and its ancillary uses such as a legal non-conforming house remodeled into a commercial office, truck parking and on-site enclosed storage, is anticipated to be compatible with the light industrial uses located in the vicinity.
 Policy LU-2.4 of the Land Use Element to ensure that the scale and character of the new development is appropriate to the setting and intended use because development anticipated by the Tentative Parcel Map will be controlled through a Use Permit and the UI 25 development standards. The use proposed, a contractor’s storage yard and its ancillary uses such as such as a legal non-conforming house remodeled into a commercial office, truck parking and on-site enclosed storage, is anticipated to be compatible with the light industrial uses located in the vicinity.
 Policy LU-2.5 of the land use element requiring that 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 because the requested Tentative Parcel Map meets the UI 25 development standards and will also be governed through a Use Permit allowing the City to ensure visual compatibility.
 Policy LU-2.8 of the land use element encouraging affected public agencies to provide necessary facilities and services to support the 55136.0410A\42447295.1
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impact and intensity of development in Lake Forest. The proposed development has been reviewed and is not anticipated to overtax the existing City resources. Adequate water, public services, sewer capacity, and other services exist and will be available for this project as well as the existing and future projects in this area and adjacent.

 Policy LU-3.5 of the land use element promoting rehabilitation of older commercial and industrial properties and buildings to enhance their quality and competitive advantage. The proposed development includes the demolition and removal of some existing structures, such as one legal non-conforming single-family home and animal pens, as well as the rehabilitation of some structures, including a barn for storage, and a single-family home to be used as an office by the new business, Great Scott Tree Care.
 Policy M-5.3 of the Mobility Element, which requires working with the County of Orange to ensure local trails are open and maintained and facilitate access to and from the trails within Lake Forest. Parcel 2 of the Tentative Parcel Map will remain undeveloped and given its general plan and zoning designations ensures the existing County of Orange Serrano Creek Trail remains on an undeveloped parcel and it continues to be designated Regional Park/Open Space and allow public access to the Trail in conformance with Policy M-5.3.

3. The site is physically suitable for the proposed type of development The Tentative Parcel Map proposes two parcels: Parcel 1 is 2.05 acres and will accommodate the proposed contractor’s storage yard which will include a former single-family home to be remodeled and used as an office, an existing barn to be used for storage, a former garage to be used as a workshop, four existing metal shipping containers to be used for storage, a wood chipping storage area, ten vehicle parking spaces, and 23 new truck parking spaces for daily tree tripping operations. The proposed Tentative Parcel Map is being concurrently processed with General Plan Amendment 03-18-5145, which will change the land use designation of Parcel 1 to Urban Industrial 25 (UI 25) and Zone Change 03-18-5144, which will change the zoning designation of Parcel 1 to Urban Industrial 25 (UI 25) and Use Permit 03-18-5146 to allow a contractor’s storage yard on Parcel 1 only. Parcel 2 consisting of 4.67 acres is overlaid by the County of Orange Scenic Preservation Easement and has an existing and proposed General Plan designation of Regional Park/Open Space. Zone Change 03-18-5144 will change the zoning from Light Industrial/Planned Development to Open Space/Conservation to ensure it 55136.0410A\42447295.1
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remains undeveloped and protective of Serrano Creek and the Serrano Creek Trail which will remain open for public use.

4. The requirements of the California Environmental Quality Act have been satisfied.

As noted above, the requirements of CEQA have been satisfied in that an Initial Study and MND were prepared for the Project, including the Tentative Parcel Map, and the Planning Commission has recommended that the City Council approve the MND and MMRP before approving the Project, including the Development Agreement.

5. The site is physically suitable for the proposed density of development.

The Tentative Parcel Map proposes two parcels:
 “Parcel 1” consists of 2.05 acres and includes Assessor’s Parcel Numbers (“APN”s) 610-301-20, 21, and a small portion of 610-301-

07. Parcel 1 would constitute the contractor’s storage yard and would include an office, formerly used as a single-family residence, an existing barn to be used for storage, a workshop, formerly used as a garage, and four existing metal shipping containers which would continue to be used for storage. In addition, Parcel 1 would include a wood chipping storage area at the rear westerly corner of the parcel, and ten new parking stalls for visitors and administrative office staff who would be on-site from 8:00 a.m. to 5:00 p.m. Monday through Friday, and 23 new truck parking spaces for daily tree trimming operations from 6:00 a.m. to 3:30/4:00 p.m., Monday through Friday.

And 7:00 a.m. to 4:00 p.m. on Saturday. In addition, and as permitted by the County of Orange, truck parking spaces would encroach into the County of Orange Scenic Preservation Easement by up to 15%.

Parcel 1 would also include new and renovated landscaping, as well as two eight-foot-high gates and wrought iron fences, one located on the easterly side of Parcel 1 adjacent to Linear Lane, and the other on the westerly end.
 “Parcel 2” consists of 4.67 acres and includes the remainder of APN 610-301-07. Parcel 2 is overlaid by the County of Orange Scenic Preservation Easement and contains the Orange County Serrano Creek, and the Orange County Regional Hiking and Riding Trail. No development is proposed within Parcel 2, but the Trail would continue to remain open for public use as part of the Orange County trail system.
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Accordingly, the two parcels are physically suitable for the type of development proposed.

6. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.

The project site, specifically Parcel 1 is currently developed with a singlefamily home renovated as an office, a workshop, a barn used for storage, and four steel storage containers that will be continued to be used as such. Parcel 2 is currently undeveloped and will remain so and will continue to include Serrano Creek, and the Serrano Creek Trail. Therefore, as documented in the associated Initial Study and MND for this project, the project site does not contain suitable habitat for species protected by the federal Endangered Species Act, the California Endangered Species Act, or the Native Plant Protection Act. Additionally, Parcel 1 of the proposed Project site is developed and within a highly urbanized area. Moreover, the MND proposes a measure to mitigate potential impacts to nesting birds to a level of less than significance, and the Planning Commission has recommended approval of the mitigation measures, set forth in the MMRP, to the City Council. Accordingly, the project would not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.

7. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems.

The project's potential to contribute to public health problems, including air quality, noise, hazards and hazardous materials related impacts was assessed in conjunction with the associated Initial Study and MND for the project, and mitigated to the extent feasible via adoption of mitigation measures to be implemented with the project in accordance with the approved Mitigation Monitoring and Reporting Program. In addition, the Project, as conditioned, will be in compliance with all applicable state, county, and City design, building, and other safety related laws, codes, and regulations, including, but not limited to, the California Building Code and California Fire Code. Therefore, the proposed subdivision is not likely to cause significant public health problems.

8. The design of the subdivision and the proposed improvements will not conflict with easements of record or established by court judgment or acquired by the public at large for access through or use of the property within the proposed subdivisions; or, if such easements exist, that alternate easements for access of for use will be provided and these will substantially equivalent to one previously acquired by the public.
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The subject site includes existing easements for purposes that include but are not limited to, access, streets, parking, and utilities. All the existing easements on the property will either be maintained, revised, or updated with new more comprehensive easements. Therefore, the design of the subdivision and proposed improvements will not conflict with any existing easements on the site.

9. The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to Section 7.05.055.

The proposed Great Scott Tree Care (“GSTC”) project site is being concurrently processed with several entitlement applications to allow the use of Parcel 1 as a contractor’s storage yard and allow Parcel 2 to remain undeveloped while continuing to accommodate Serrano Creek and the Serrano Creek Regional Hiking and Riding Trail open for public use.

10. The subdivision is not located in a fee area or, if located in a fee area, the subdivider has met the requirements for payment of the applicable fees, or the subdivision would not allow development of a project which would contribute to the need for the facility for which a fee is required.

The subdivision of this property into 2 lots does not require any development fees.

SECTION 4. CITY COUNCIL ACTIONS: The City Council hereby approves Tentative Parcel Map 2023-169 subject to conditions as indicated below.

SECTION 5. EXECUTION OF RESOLUTION. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to 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 15th day of October 2024.
_____________________

MARK TETTEMER
MAYOR
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ATTEST:
___________________________

LISA BERGLUND, MPA

CITY CLERK
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. 2024-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 15th day of October 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________

LISA BERGLUND, MPA
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CONDITIONS OF APPROVAL:

Tentative Parcel Map 2023-169

1. Indemnification: The Applicant shall indemnify, protect, defend, and hold the City, and 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 or any of its officials, officers, employees, agents, departments, agencies, 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 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 has 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. (PLNG)

2. Within five (5) business days of the approval of the project by the (insert either Planning Commission or 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. If within such five (5) business day period the applicant/applicant has not delivered to the Community Development Department the check required above, the approval for the project granted herein shall be void. (PLNG)
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3. The project shall be developed in substantial compliance with the site plan approved by the City Council on October 15, 2024, and on file with the Community Development Department (PLNG).

4. Grading and construction activities shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m. Monday through Friday; 6:00 p.m. and 8:00 a.m.

Saturday; and at any time on Sunday or a federal holiday. (BLDG)

5. No overnight sleeping or camping shall be permitted on the property. Signs stating such shall be posted within the parking lot. (PLNG)

6. In accordance with Lake Forest Municipal Code Section 7.05.075, Tentative Parcel Map 2023-169 shall expire 24 months from the date of the adoption of the City Council resolution unless the applicant submits a request for an extension of time prior to the expiration date and the Planning Commission approves an extension of time for the Map. (PLNG) Prior to the approval and recordation of a Final Parcel Map, the following shall be completed:

7. Prior to approval and recordation of a final parcel map the applicant shall submit a Memorandum of Understanding (“MOU”) for review and approval by the City Attorney. The MOU must be signed by the adjacent property owners of Assessor’s Parcel Numbers (“APN”s) 610-301-24 (20845 Canada Road) and 610-301-29 (20762 Canada Road) indicating their agreement to gate and lock the southwest end of the private ingress/egress easement (also referred to as the private drive) and lock the gate at the northwest end of the private ingress/egress easement.

Additionally, the MOU must include provisions for the adjacent owners to have unabated access via a key fob or other means. (PLNG)(PW/ENG)

8. A Final Parcel Map shall be submitted to the City and shall be in substantial conformance with Tentative Parcel Map 2023-169, as approved by the City Council on October 15, 2024, and on file with the City of Lake Forest Community Development Department. (PW/ENG)

9. Prior to approval and/or recordation of the Final Parcel Map an Emergency Access and Public Service Vehicular Ingress and Egress easement shall be dedicated to the City for its emergency and public services contractors across a portion of the adjacent ingress/egress (private drive), to the City’s satisfaction, to ensure access for City contracted vehicles and in case of emergency. Since this is an offsite easement, the property owners of APNs 610-301-24 (20845 Canada Road) and 610-301-29 (20762 Canada Road) 55136.0410A\42447295.1
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must grant easement to the City and its emergency services contractor and provide proof of said easement to the Director of Public Works. (PLNG)(PW/ENG)

10. Prior to approval and recordation of the final parcel map, the applicant shall submit proof to the Director of Public Works that an easement of the corrected alignment of the Serrano Creek Regional Hiking and Riding Trail has been granted to the County of Orange. (PLNG)(PW/ENG)

11. Prior to approval and recordation of the final parcel map:
a. The final parcel map shall indicate that an emergency access easement within the private ingress/egress (private drive) has been granted to the City and its emergency services contractor by the adjacent property owners of APNs 610-301-24 and 610-301-29.
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Attachment 6
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UP 03-18-5146 Agenda of October 15, 2024
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, APPROVING USE PERMIT
03-18-5146 TO ALLOW DEVELOPMENT OF A
CONTRACTOR’S STORAGE YARD ON PARCEL 1 OF
TENTATIVE PARCEL MAP 2023-169 LOCATED AT 20751
LINEAR LANE (APNs 610-301-20, 610-201-21 and a
portion of 610-301-07)
WHEREAS, on March 22, 2018, Steve Guzowski on behalf of Brian Hess, property owner, filed applications for General Plan Amendment (“GPA”) 03-18- 5145, a Development Agreement, Zone Change (“ZC”) 03-18-5144, and Use Permit (“UP”) 03-18-5146 for the development of a contractor’s storage yard (“Project”), at 20751 Linear Lane; and
WHEREAS, on October 3, 2023, Brian Prock of the Trestle Companies, on behalf of Griffiths Ranch, LLC (Applicant) filed Tentative Parcel Map (“TPM”) 2023- 169 to merge three parcels, APN 610-301-20, and 21, and a portion of APN 610- 301-07, into two parcels, Parcl 1 and Parcel 2 of TPM 2023-169; and WHEREAS, Parcel 1 of TPM 2023-169, with approval of GPA 03-18-5145, and ZC 03-18-5144, is zoned Urban Industrial 25 (UI 25), and is regulated by the Lake Forest Municipal Code ("LFMC"), specifically LFMC Table 9.73.065 which permits a contractor’s storage yard in the UI 25 zone subject to Planning Commission approval of a Use Permit; and
WHEREAS, a Mitigated Negative Declaration (“MND”) for the proposed Project was circulated between September 15, 2021 through October 14, 2021, and recirculated June 12, 2024 through July 11, 2024; and WHEREAS, the MND analyzed the impacts relating to the whole of the Project, including the proposed Use Permit and the MND determined that the Project would have a less significant impact on the environment with the incorporation of mitigation; and
WHEREAS, on July 25, 2024, the City gave public notice of the Planning Commission public hearing for consideration of Use permit 03-18-5146 by 55136.0410A\42481505.1
UP 03-18-5146 Agenda of October 15, 2024
advertising in a newspaper of general circulation, and on July 25, 2024, by posting notices at City Hall, and by mailing to owners of property within a 300-foot radius of the Project site; and
WHEREAS, on August 8, 2024, the Planning Commission conducted a duly noticed public hearing to consider General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Tentative Parcel Map 2023- 169, and Use Permit 03-18-5146, at which hearing members of the public were afforded an opportunity to comment upon Use Permit 03-18-5146; and WHEREAS, on August 8, 2024, the Planning Commission adopted a resolution recommending that the City Council approve Use Permit 03-18-5146; and
WHEREAS, on September 19, 2024, the City gave public notice of the City Council public hearing for consideration of General Plan Amendment 03-18-5145 by advertising in a newspaper of general circulation, and on September 16, 2024, by posting notices at City Hall, and by mailing to owners of property within a 300- foot radius of the project site; and
WHEREAS, on October 15, 2024, the City Council conducted a duly noticed public hearing to consider General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Use Permit 03-18-5146, and Tentative Parcel Map 2023-169, at which hearing members of the public were afforded an opportunity to comment upon Tentative Parcel Map 2023-169; and

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

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

1. General Plan Consistency: The use or project proposed is consistent with the General Plan.

The subject property is designated Urban Industrial 25 (UI 25) by the General Plan Land Use Map. The General Plan designation provides for a variety of light industrial uses that are non-polluting, and which can co-exist with surrounding land uses. Other uses that are determined to be compatible with primary uses may also be allowed. A contractor’s storage yard in the UI 25 zoning district is allowed, with approval of a Use Permit. Accordingly, the contractor’s storage yard is consistent with the UI 25 land use and zoning designation. The proposed contractor’s storage yard is also consistent with 55136.0410A\42481505.1
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the General Plan Policy LU-1.1, which promotes an appropriate land use plan that fosters and enhances community livability and public health; supports economic development; promotes efficient development and multiple transportation options; reduces pollution, greenhouse gas emissions, and the expenditure of energy and other resources; and ensures compatibility between uses. To meet the diverse, demographic, economic, and social needs of the Community, this Use Permit is consistent with the General Plan.

Zoning Code: The use, activity, or improvement(s) proposed by the application is consistent with the provisions of the Zoning Code.

The proposed project site, with approval of ZC 03-18-5144, is zoned UI-25.

Based on the business operation, staff has determined that the contractor’s storage yard is permitted in the UI-25 zone with Planning Commission approval of a Use Permit. With the approval of this Use Permit, the project is in compliance with all applicable zoning code requirements, including parking.

The applicant is proposing ten parking spaces for the 2,187 square-foot business office which at the office parking rate of 1 parking space per Therefore, with the approval of this Use Permit, as conditioned, the project is in compliance with all applicable Zoning Code requirements.

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

The requirements of the California Environmental Quality Act (CEQA) have been satisfied in that an Initial Study and Mitigated Negative Declaration (“MND”) were prepared for the Project, including the Use Permit, and the Planning Commission has recommended that the City Council approve the Final MND and related conditions before approving the Project, including the related GPA, Development Agreement, Zone Change, TPM, and Use Permit.

The Initial Study and MND show that there is no substantial evidence, in light of the whole record, that the Project may have a significant effect on the environment with the incorporation of mitigation. A Notice of Determination has been prepared and will be filed with the Orange County Clerk-Recorder in accordance with the provisions of CEQA.

3. 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 Great Scott Tree Care project is surrounded by other light industrial buildings, various offices, a self-storage facility and multi-family residential 55136.0410A\42481505.1
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over 120 feet away from the project site’s most southwesterly boundary.

The business meets the City’s parking requirements and the operation of a contractor’s storage yard given its location and operational hours (6 a.m. to 3:30 p.m. for tree trimming staff, and 8:00 a.m. to 5:00 p.m. for office staff, are not expected to generate traffic, noise, odors or other detrimental impacts at levels inconsistent with surrounding businesses. As such, it is anticipated that the contractor’s storage yard will be compatible with the other businesses in the area. Accordingly, the City’s analysis of the project impacts and operating characteristics, as conditioned, did not identify any other conditions that may be objectionable, detrimental, or incompatible with the surrounding uses.

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

The use, as conditioned, will comply with all applicable State, County, and City design, building, and other safety-related laws, codes, and regulations, including, but not limited to, the California Building Code and California Fire Code. Furthermore, the proposed use has not been designated as a hazardous or ultra-hazardous use. Accordingly, the project will not result in any conditions or circumstances contrary to the public health and safety, or the general welfare.

5. Development Fees for Provision of Public Facilities:

The proposed use will not provide for development of a project which would contribute to the need for a public facility for which a fee is required.

Therefore, no public facilities development fee will be collected in conjunction with the approval of the Use Permit.

6. City Design Guidelines: The project has been reviewed in accordance with the Citywide Design Guidelines and is consistent with the purpose and intent of the Guidelines.

The project which includes the renovation of an existing legal non-conforming house into a commercial office and is compliance with the Citywide Design Guidelines in that
SECTION 2. CITY COUNCIL ACTIONS: The City Council hereby approves Tentative Parcel Map 2023-169 subject to conditions as indicated below. 55136.0410A\42481505.1
UP 03-18-5146 Agenda of October 15, 2024
SECTION 3. EXECUTION OF RESOLUTION. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to 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 15th day of October 2024.
______________________

MARK TETTEMER
MAYOR
ATTEST:
___________________________

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:
___________________________

MATTHEW RICHARDSON

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
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I, Lisa Berglund, City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Resolution No. 2024-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 15th day of October 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________

LISA BERGLUND, MPA
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UP 03-18-5146 Agenda of October 15, 2024
CONDITIONS OF APPROVAL:

Use Permit 03-18-5146
The following Conditions of Approval shall apply to the applicant for the permit and/or owner of the property, whichever is appropriate for the condition.

1. INDEMNIFICATION: 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, 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. (PLNG)

2. Within five (5) business days of the approval of the project by the (insert either Planning Commission or 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. If within such five (5) business day period the applicant/applicant has not delivered to the Community Development Department the check required above, the approval for the project granted herein shall be void. (PLNG) 55136.0410A\42481505.1
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3. The project shall be developed in substantial compliance with the site plan and the building elevations approved by the Planning Commission on August 8, 2024, and on file with the Community Development Department (PLNG).

4. Grading and construction activities shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m. Monday through Friday; 6:00 p.m. and 8:00 a.m.

Saturday; and at any time on Sunday or a federal holiday. (BLDG)

5. Storage of vehicles and/or queuing of vehicles shall be provided entirely onsite. No employee parking shall be permitted on-street (Linear Lane) or in the private drive. (PLNG)

6. No on-site truck or vehicle repair shall be permitted. (PLNG)

7. No overnight sleeping or camping shall be permitted on the property. Signs stating such shall be posted within the parking lot. (PLNG)

8. If review of the grading plan for this property by the Director of Development Services and Director of Public Works/City Engineer indicates significant deviation from the proposed grading illustrated on the approved tentative map, specifically with regard to slope heights, slope ratios, and pad elevations, size, and configuration, the plan shall be reviewed by the Director of Development Services and Director of Public Works/City Engineer for a finding of substantial conformance prior to the issuance of a grading permit.

The Director of Development Services and Director of Public Works/City Engineer may refer the matter to the Planning Commission for an opinion before making a decision. Failure to achieve such a finding will require processing a revised tentative map. (PLNG)(PW/ENG)

9. After installation of required fire access roadways and hydrants, the applicant shall receive clearance from OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714/573-6150 with the Service Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection. (PLNG/OCFA)

10. Outdoor lighting shall be designed and installed so that lighting is confined to the site, and glare onto adjacent properties is minimized to the extent possible. 55136.0410A\42481505.1
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11. Operational hours shall be 6:00 a.m. to 5:00 p.m. Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday for field staff, and 8:00 a.m. to 5:00 p.m. for administrative staff, except for times when the applicant is required to respond to an emergency. (PLNG) (CODE ENFORCEMENT)

12. Tree trimming truck and field staff access to the Project site shall be limited to Linear Lane and the private drive (NO ACCESS to tree trimming trucks and field staff from Canada Road shall be permitted). (PLNG) (ENG/PW)

13. Wood chips shall not be stored on-site during periods when Orange County Fire Authority (OCFA) has declared a high-fire hazard warning. (PLNG) (OCFA)(CODE ENFORCEMENT)
Prior to Issuance of a Grading Permit:

14. Prior to submitting final design plans to Engineering for review and approval by the Director of Public Works, the following need to be addressed (PLNG, PW/ENG):
a. Final calculations and areas to be reviewed in the final design phase. b. Ensure the plans and reports are consistent and using the same information/layouts for all drainage and BMP’s.
c. Hydraulics for the outlet to Serrano Creek must address erosion around the outlet, and design plans must include an outlet design. d. Address whether an energy dissipater is required.
e. Include the design for the bioswales in the WQMP and design plans. f. Identify if there will be overflow drains for water that is not required to be treated.
g. Identify if the bioswales will be sized to treat all the flow going to the detention basin.
h. When making submittals to Engineering/Public Works, all plans and reports developed for the property must be submitted each time. These include:
i. Drainage Plans and Profiles
ii. Storm Drain Storage Gallery with Details
iii. Architectural
iv. Landscaping
v. Retaining Walls
vi. Geotechnical Reports
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15. Prior to issuance of a grading permit, the Final WQMP and Drainage Report shall be submitted to Engineering for review and approval by the Director of Public Works. (PLNG, PW/ENG)

16. Prior to issuance of a precise grading permit, submit a precise fuel modification plan (PR 124) to OCFA for review and approval by OCFA. (PLNG/OCFA).

17. Prior to issuance of a grading permit or submittal of any fire master plans or architectural plans to OCFA, the applicant or responsible party shall attend a pre-submittal meeting with an OCFA plan reviewer, Call OCFA Planning and Development Services at 714/573-6108 at least two (2) weeks in advance to arrange for scheduling and payment of the pre-submittal meeting. (OCFA).

18. Prior to the issuance of a precise grading permit, the applicant shall submit construction details for any access gate to the Fire Chief for review and approval. The Fire Chief will approve the construction details if the Chief reasonably determines that the construction details are in compliance with the Uniform Fire Code and such other Federal, State, and Local laws, regulations, ordinances, standards, and policies as are applicable. (PLNG/OCFA)

19. Focused surveys for least Bell’s vireo shall be conducted prior to impacting any areas of Southern Mixed Riparian Forest or commencing construction activities (noise disturbance) adjacent to Serrano Creek. Impacts to occupied habitat would require coordination with CDFW and U.S. Fish and Wildlife Survey (PLNG/USFWS).

If construction activities will commence outside of the avian nesting (generally September 1st to January 31st), focused surveys for least Bell’s vireo shall not be required. However, if construction activities will commence during the avian nesting season (generally February 1st to August 31st), focused surveys shall be required to ensure no direct or indirect impacts to least Bell’s vireo would occur. Focused surveys for the least Bell’s vireo shall be conducted in accordance with the 2001 USFWS survey guidelines and would encompass all areas of suitable habitat to be impacted within the Project site, as well as suitable habitat within 500 feet of the Project site. Survey guidelines stipulate that eight surveys should be conducted between April 10 and July 31, with a minimum of ten days separating each survey visit. If no least Bell’s vireo is detected during focused surveys, then no avoidance or mitigation measures will be warranted. If Bell’s vireo are detected during focused 55136.0410A\42481505.1
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surveys, then coordination with CDFW and USFWS will be required prior to indirectly impacting occupied habitat. (PLNG/MM BIO-3)

20. The following requirements under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Sections 3503.5, 3503, and 3513, the applicant shall implement the following steps to ensure that nesting birds are not harmed during Project construction:

If no nesting birds are found, the vegetation can be removed. If active nests are identified, the biologist shall flag vegetation containing active nests. The biologist shall establish appropriate buffers around active nests to be avoided until the nests are no longer active and the young have fledged. Buffers shall be based on the species identified, but generally shall consist of 50 feet for non-raptors and 300 feet for raptors.

Prior to commencement of grading activities or any vegetation removal, the City of Lake Forest Director of Community Development, or designee, shall verify that all Project grading and construction plans include specific documentation regarding the requirements of MBTA, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing. (PLNG/MM BIO-4)

21. Prior to the issuance of a grading permit, a Cultural Resources Management Plan (CRMP) shall be prepared and implemented to the satisfaction of the City of Lake Forest Community Development Department. The CRMP shall include, but shall not be limited to, the following:
● A qualified archaeologist shall be retained by the Applicant to provide professional archaeological monitoring services during all initial grounddisturbance activities, including vegetation removal, site preparation, demolition of historic structures, and grading up to three feet below surface, in order to quickly assess any discoveries of cultural resources during initial Project implementation.
● The archaeologist shall develop an inadvertent discovery plan, which shall be in place to expediently address archaeological resource discoveries should these be encountered during any phase of development associated 55136.0410A\42481505.1
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with the Project. In the event that these resources are inadvertently discovered during ground disturbing activities, work must be halted within 50 feet of the find until it can be evaluated by a qualified archaeologist.

Construction activities could continue in other areas. If the discovery proves to be significant, additional work, such as data recovery excavation, may be warranted and would be discussed in consultation with the appropriate regulatory agency(ies).
● Refer also to Mitigation Measure TCR-3 (Section 4.18, Tribal Cultural Resources). Procedures of conduct following the discovery of human remains on non-federal lands have been mandated by California Health and Safety Code §7050.5, PRC §5097.98 and the California Code of Regulations (CCR) §15064.5(e). According to the provisions in CEQA, should human remains be encountered, all work in the immediate vicinity of the burial shall cease, and any necessary steps to ensure the integrity of the immediate area must be taken. The Orange County Coroner shall be immediately notified and must then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner has 24 hours to notify the Native American Heritage Commission (NAHC), who will in turn, notify the person they identify as the Most-Likely-Descendent (MLD) of any human remains.
(PLNG/MM CUL-1)

22. Prior to the issuance of a grading permit, a Paleontological Resource Mitigation Program (PRMP) shall be prepared and implemented to the satisfaction of the City of Lake Forest Community Development Department.

The PRMP shall include, but shall not be limited to the following:
● A trained and qualified paleontological monitor shall perform spot checks and/or monitoring of any excavations on the Project site that has the potential to impact paleontological resources in undisturbed native sediments below 5 feet in depth. The monitor shall have the ability to redirect construction activities to ensure avoidance of adverse impacts to paleontological resources.
● The Project paleontologist may re-evaluate the necessity for paleontological monitoring after examination of the affected sediments during excavation, with approval from the City of Lake Forest Director of Community Development, or designee.
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● Any potentially significant fossils observed shall be collected and recorded in conjunction with best management practices and Society of Vertebrate Paleontology (SVP) professional standards.
● Any fossils recovered shall be deposited in an accredited and permanent scientific institution for the benefit of current and future generations. A report documenting the results of the monitoring, including any salvage activities and the significance of any fossils, shall be prepared and submitted to the City of Lake Forest Community Development Department.
(PLNG/MM GEO-1)

21. Prior to issuance of a grading permit issuance, the Applicant shall demonstrate, to the satisfaction of the Lake Forest Public Works Department that the Project complies with the following:
● Construction shall occur during the permissible hours as defined in Lake Forest Municipal Code Section 11.16.060 D.
● During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices that will reduce noise levels 3 to 10 dBA.
● The contractor shall locate equipment staging areas in order to create the greatest distance between construction‐related noise/vibration sources and sensitive receptors nearest the Project site during all Project construction. At all times the staging area shall be at least 123 feet from the nearest sensitive receptor.
● Idling equipment shall be turned off when not in use. ● Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging.
(PLNG/MM NOI-1)

22. Prior to the issuance of a grading permit the applicant shall be required to retain the services of a qualified Native American Monitor(s) (Monitor) approved by the Tribal Representatives from the Gabrieleno Band of Mission Indians – Kizh Nation.

The Monitor must be present during all construction-related ground disturbance activities. Ground disturbance is defined as rough grading and remediation excavation activities within the Project area. The Monitor will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, 55136.0410A\42481505.1
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including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end at the earliest of when either the Project Site rough grading and remediation excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for archeological resources. (PLNG/MM TCR 1)

23. Prior to the issuance of a grading permit all archaeological resources unearthed by Project construction activities shall be evaluated by the Monitor. If the resources are Native American in origin, the Tribe shall coordinate with the landowner regarding treatment and curation of these resources. The preferred treatment will be reburial or preservation in place. (PLNG/MM TCR-2)

24. Prior to issuance of a grading permit Refer also to Mitigation Measure CUL-1 (Section 4.3, Cultural Resources). If any human skeletal material or related funerary objects are discovered during ground disturbance, the Monitor will immediately divert work at minimum of 50 feet and place an exclusion zone around the burial. The Monitor will then notify the construction manager who will call the coroner. Work will continue to be diverted while the coroner determines whether the remains are Native American. The discovery is to be kept confidential and secure to prevent any further disturbance. If the remains are Native American, the coroner will notify the Native American Heritage Commission (NAHC) as mandated by state law who will then appoint a Most Likely Descendent. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. The preferred treatment will be to keep the remains in situ and protected. If that treatment is not feasible, as determined by the Applicant, the burials may be removed. The Tribe will work closely with the Qualified Archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Tribe, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all material. Once complete, a final report of all activities is to be submitted to the NAHC. (PLNG/MM TCR-3)
Prior to Issuance of a Building Permit or Start of Construction:

25. Within a 14-day period prior to the start of construction, pre-construction surveys by a biologist familiar with the western pond turtle and its habitat 55136.0410A\42481505.1
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requirements shall be conducted using three survey passes. Following the surveys, the biologist shall prepare a report for submittal to the City of Lake Forest Community Development Department documenting the results of the surveys. If the surveys are negative, no further action shall be needed.

If western pond turtles are detected adjacent to the Project development area, the biologist shall prepare an avoidance plan to be submitted to the California Department of Fish and Wildlife (CDFW) for review and approval to ensure that no direct or indirect impacts to western pond turtle occur. The plan shall include the following:
 Survey results including a map showing western pond turtle locations;  Qualifications of the biological monitor;
 Methods for monitoring of the western pond turtle during construction;  Methods for preventing western pond turtles from entering the development area such as silt fence or other devices; and  Reporting requirements.

Verification of the avoidance plan and its approval by CDFW shall be submitted to the City of Lake Forest Community Development Department. (PLNG/MM BIO-1)

26. In order to avoid impacts to bats roosting on-site, a qualified biologist shall conduct bat clearance survey(s) within potentially suitable bat colony/roost habitat onsite, including trees, cavities, and abandoned buildings prior to any work being conducted onsite. Potential roosting habitat shall be evaluated during the daytime to evaluate areas for bat sign (e.g. guano, urine staining, daytime roosts). In addition, a nighttime emergence (exit) survey shall be conducted at dusk to identify potential maternity roosts during the bat maternity season. A total of three site visits during the maternity season (March 1 to September 30) would be needed to determine if maternity roosts are present. The surveys shall be conducted at dusk and after nightfall by a qualified biologist.

If special-status bats are detected, then removal of roosting habitat shall be delayed for the remainder of the maternity season until the young are sufficiently mature to leave the maternity roost, as determined by the biologist. (PLNG/MM BIO-2)
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27. Prior to issuance of a certificate of use and occupancy, the Recreation, Riding and Hiking Easement that was Irrevocably Offered for Dedication to the County of Orange on Parcel Map No. 86-133 but not accepted, terminated by the County of Orange. In addition, prior to occupancy, a new Recreation Riding and Hiking Easement in its correct/current alignment will need to be dedicated to the County of Orange.

28. Prior to the issuance of a certificate of use occupancy, the applicant shall submit to the Director of Community Development for review and approval a precise landscape and irrigation construction plan prepared by a licensed landscape architect for the project consistent with the conceptual landscape plans approved by the City Council on October 15, 2024. (PLNG)

29. Prior to the issuance of a certificate of use and occupancy, the applicant shall submit a letter of certification to the Director of Development Services from the project architect and civil engineer certifying that all improvements have been constructed in accordance with the approved building plans.

Determination of consistency shall be subject to the review and approval of the Director of Community Development. (PLNG)

30. Prior to the issuance of a certificate of use and occupancy, the applicant shall provide evidence of adequate fire flow. The “Orange County Fire Authority Water Availability for Fire Protection” form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. (PLNG/OCFA).

31. Prior to the issuance of a certificate of use and occupancy building permit, plans for the automatic fire sprinkler system shall be submitted to the Fire Chief for review and approval. This system shall be operational prior to the issuance of a certificate of use and occupancy. (PLNG/OCFA)

32. Prior to the issuance of a certificate of use and occupancy, the fire alarm system shall be operational. (PLNG/OCFA)

33. Prior to the issuance of a certificate of use and occupancy, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to complete and submit a “Hazardous Materials Business Information and Chemical Inventory Packet.” (PLNG/OCFA)
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34. Prior to the issuance of a certificate of use and occupancy, all fire hydrants shall have a “Blue Reflective Pavement Marker” indicating its location on the street or drive per the Orange County Fire Authority Standard and are subject to review and approval by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. (PLNG/OCFA)

35. Prior to issuance of a certificate of occupancy, the applicant shall ensure that mechanical equipment placed on any roof such as, but not limited to, air conditioning, heating, ventilating ducts and exhaust fans shall be screened from view through the use of approved roof screens, recessed roof wells and/or use of the building parapets. (PLNG)

36. Prior to issuance of a certificate of occupancy, add a plaque to the barn recognizing that the Project area is located within the geographic boundaries and ancestral territory of the Gabrieleno Tribe-Kizh Nation. (This was noted in notes received from the Gabrieleno Tribe-Kizh Nation, and agreed to by the Applicant, following the City’s second Tribal consultation with the Tribe on April 29, 2021.) (PLNG)

MISCELLANOUS
The use shall be operated and maintained in substantial conformance with the following:

37. The maximum capacity of the site will be set at 52 employees, with four to six employees being on-site during hours of operation (8:00 a.m. to 5:00 p.m. Monday through Friday) and the remaining employees dispatching from the site into the field between 6:00 a.m. and 3:30 p.m. Monday through Friday, and 7:00 a.m. to 4:00 p.m. on Saturday (PLNG)

38. If at any time the Director of Community Development determines that onsite parking does not accommodate the project’s parking demand, the applicant shall initiate measures, such as adjusting the facility’s schedule, or limiting the number people at the facility to rectify the parking shortage. Any parking measure is subject to approval by the Lake Forest Planning Commission, however, at no time shall the queuing or parking of personal or work vehicles take place off-site including along the private drive directly site adjacent or on Linear Lane. (PLNG)
55136.0410A\42481505.1
UP 03-18-5146 Agenda of October 15, 2024

39. The applicant shall obtain any applicable building permits for the change of occupancy of the tenant space to accommodate the administrative office and contractor’s storage yard. (BLDG)

40. The business shall comply with City’s Noise Ordinance (Chapter 11.16 of the Lake Forest Municipal Code). (PLNG)

41. All on-site storage, except for the 3,800 square-foot wood chipping storage area located at the southwest corner of the site, shall be kept inside the site’s storage containers including: the barn, the workshop, and four steel storage containers. (PLNG)

42. At no time shall truck or automobile repairs be conducted on-site. (PLNG)

43. The project shall be operated in substantial conformance with the project description and plans approved by the Lake Forest City Council on October 15, 2024, and on file with the Community Development Department. At no time shall operations encroach more 15% (35,298.50) into the scenic preservation easement or as permitted (36,295.53 square-feet) by the County of Orange pursuant to a letter dated January 24, 2024, from Brian Kurnow, Entitlement Division Manager/of Parks (Attachment 8 of the Planning Commission staff report dated August 8, 2024). (PLNG)

44. Expiration: Use Permit 03-18-5146 shall expire 24 months from the date of this approval if either building permits for the project have not been issued or if the use has not been established and an extension of time has not been approved by the Director of Community Development. (PLNG) Attachment 7
Planning Commission Agenda Report
Meeting Date: August 8, 2024
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: Great Scott Tree Care, a contractor's storage yard located at 20751 Linear Lane, including a request to approve the
following entitlements: General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144,
Tentative Parcel Map 2023-169, and Use Permit 03-18-5146.

EXECUTIVE SUMMARY:

This is a request by Brian Prock of Trestle Companies on behalf of Scott and Susan Griffiths of Great Scott Tree Care (“GSTC”) to establish a contractor’s storage yard at 20751 Linear Lane (see Exhibit 1, below)
Exhibit 1 – Great Scott Tree Care Project Site
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Establishing a contractor’s storage yard at this location requires City Council adoption of a Mitigated Negative Declaration (“MND”) and approval of several entitlement applications, including: a General Plan Amendment (“GPA”) 03-18- 5145, a Development Agreement (“DA”), a Zone Change (“ZC”) 03-18-5144, a Tentative Parcel Map (“TPM”) 2023-169, and a Use Permit (“UP”) 03-18-5146. • Location: The project site is 6.72 acres, consisting of three parcels (APNs 610-301-20, 610-301-21, and 610-301-07). APN 610-301-07 includes Serrano Creek and Serrano Creek Regional Trail.
• Easement: The site has a scenic preservation easement, with up to 15% disturbance permitted by the County of Orange.
• Parcel Consolidation: The three parcels will be consolidated into two:
o Parcel 1: Designated for a contractor’s storage yard. o Parcel 2: Remains undeveloped as Open Space Conservation. • Land Use Changes:
o Parcel 1: From Regional Park/Open Space to Urban Industrial 25 (UI 25).
o Parcel 2: Remains Regional Park/Open Space.
• Zoning Changes:
o Parcel 1: From M1 Light Industrial/PD Planned Development and A1 Agriculture to UI 25.
o Parcel 2: From M1 Light Industrial/PD Planned Development to Open Space Conservation.
• Use Permit (UP): Allows a contractor’s storage yard on Parcel 1, including an office, storage, vehicle parking, wood chipping area, and parking for employees and tree trimming trucks.
• Development Agreement (DA): Requires a $25,000 contribution from the applicant to support the City’s trail system expansion and improvement.

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SITE INFORMATION:

Site Address 20751 Linear Lane
Assessor Parcel Number(s) APNs 610-301-07, 20, and 21
Applicant/Agent Brian Prock of Trestle Companies
Property Owner Sue and Scott Griffiths
General Plan Designation Regional Park Open Space
Zoning District A1 Agriculture, M1 Light Industrial/PD Planned Development Overlay
Surrounding Area
Land Uses Zoning
North: Industrial and service
commercial uses UI Urban Industrial 25
South:

Industrial and service
commercial uses.

Further south are multiplefamily residences (Serrano
Creek Villas)
UI Urban Industrial 25
R2 Multifamily Dwellings PD Planned
Development Overlay
East: Industrial and service
commercial uses UI Urban Industrial 25
West:

Commercial uses (American
Mini Storage),
Single-family residences
UI Urban Industrial 25
RS Residential single-family PD
Planned Development Overlay
Exhibit 2 – Location Map
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RECOMMENDED ACTION(S):
1) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF LAKE FOREST, CALIFORNIA, RECOMMENDING THAT THE CITY

COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND

APPROVE A MITIGATION MONITORING AND REPORTING PROGRAM
FOR A GENERAL PLAN AMENDMENT 03-18-5145, A DEVELOPMENT
AGREEMENT, ZONE CHANGE 03-18-5144, TENTATIVE PARCEL MAP 2023-169, AND USE PERMIT 03-18-5146 FOR THE SUBDIVISION OF THREE PARCELS (APN: 610-301-20, 601-301-21 AND 610-301-07) INTO TWO PARCELS AND THE CONSTRUCTION OF A CONTRACTOR’S
STORAGE YARD AT 20751 LINEAR LANE ON PARCEL 1 OF TPM 2023-169 (APN: 610-301-20, 601-301-21 AND A PORTION OF APN 610-301-07), AND RETENTION OF PARCEL 2 (THE REMAINDER OF APN 610-301-07) AS

UNDEVELOPED AND CONTAINING SERRANO CREEK AND THE
SERRANO CREEK REGIONAL TRAIL.
2) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF LAKE FOREST, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE GENERAL PLAN AMENDMENT 03-18-5145

AMENDING THE GENERAL PLAN LAND USE ELEMENT TO CHANGE THE LAND USE DESIGNATION OF ASSESSOR’S PARCEL NUMBERS (“APN”) 610-301-20, 601-301-21 AND A PORTION OF APN 610-301-07), LOCATED AT 20751 LINEAR LANE AND COMPRISED OF ASSESSOR’S PARCEL NUMBERS (“APN”s) 610-301-20, AND 21, AND A PORTION OF APN 610- 301-07) FROM REGIONAL PARK/OPEN SPACE TO URBAN INDUSTRIAL 25 (“UI 25”).
3) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF LAKE FOREST, CALIFORNIA, RECOMMENDING APPROVAL OF A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE FOREST

AND GREAT SCOTT TREE CARE UNDER GRIFFITHS RANCH LLC FOR

CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF LAKE

FOREST PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
65864 ET SEQ.
4) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF LAKE FOREST, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE ZONE CHANGE 03-18-5144 CHANGING THE ZONING OF THE PROPERTY LOCATED AT 20751 LINEAR LANE; SPECIFICALLY A PORTION OF APN 610-301-07 (PARCEL 2 OF TPM 2023-169) FROM LIGHT

INDUSTRIAL/ PLANNED DEVELOPMENT TO OPEN SPACE
CONSERVATION, AND THE REMAINING PORTION OF APN 610-301-07 Planning Commission Staff Report
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FROM LIGHT INDUSTRIAL/PLANNED DEVELOPMENT TO URBAN
INDUSTRIAL 25, AND APNs 610-301-20 AND 21 FROM AGRICULTURE (“A 1”) TO URBAN INDUSTRIAL 25 (“UI 25”).
5) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF LAKE FOREST, CALIFORNIA RECOMMENDING THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2023-169, A REQUEST TO
SUBDIVIDE THE PROPERTY LOCATED AT 20751 LINEAR LANE INTO TWO PARCELS (APN: 610-301-20, 610-301-21, and 610-301-07).
6) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE FOREST, CALIFORNIA APPROVING USE PERMIT 03-18-5146 TO ALLOW DEVELOPMENT OF A CONTRACTOR’S STORAGE YARD ON
PARCEL 1 OF TENTATIVE PARCEL MAP 2023-169 LOCATED AT 20751 LINEAR LANE (APNs 610-301-20, 610-201-21 AND A PORTION OF 610-301- 07).

BACKGROUND:

The project site, formerly known as the Hess and Cohen Properties, is approximately 6.72 acres and is comprised of three parcels, Assessor’s Parcel Numbers (“APN”s) 610-301-07, 20, and 21. The site was formerly accessed off of Linear Lane and Canada, but will now be limited to Linear Lane. The Canada access was indirect and required maneuvering through parking areas of existing light industrial buildings, including a self-storage facility adjacent to a multi-family residential. Under the proposed project, access would be limited to Linear Lane which would be safer and more efficient. The terminus of Linear Lane would also provide entry into a private drive serving both the project site and neighboring properties to the south.

Proposed parcel 1 is currently developed with one single-family residence with a detached garage, a barn, and multiple structures used for storage which the applicant would use as part of the contractor’s storage yard. Parcel 1 formerly included a second residence and other structures such as animal pens for various farm animals, including sheep, pigs, and horses. These structures and animals were removed in 2023.

Proposed parcel 2 would continue to include Serrano Creek and the Serrano Creek Regional Hiking and Riding Trail. Both Parcels 1 and 2 would include extensive landscaping by way of trees and shrubs which would effectively screen the contractor’s storage yard and tree trimming trucks from Serrano Creek and the Serrano Creek Regional Hiking and Riding Trail.

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The project site contains an approximately 5.56-acre easement (241,990 square feet) for scenic preservation and open space dedicated to the County of Orange (Exhibit 3). On January 24, 2024, Orange County Parks accepted the applicant’s request to utilize a portion of the easement for truck parking needed for the GSTC contractor’s storage yard. The County of Orange granted the applicant approval to impact up to 15% (36,298.50 square feet) of its easement. The applicant is proposing to place improvements on 14.9% (36,295.53 square feet) of the County’s scenic easement with truck parking and an internal road.

REPORT ORGANIZATION
This report consists of three separate sections: Project Description, Analysis and Environmental Review. The Project Description of this report will provide information about the applicant, Great Scott Tree Care, and how the applicant proposes to improve the site and operate. This section will also provide a description of the proposed five entitlements required for the project. The Analysis section of the report will address the project’s compliance with the various applicable sections of the General Plan and Zoning Code. The final section of the report will include a description of the environmental review associated with this project.

PROJECT SITE:

The site is surrounded by Carmali Corporation at 20845 Canada Road, Hercules Gem Group at 20762 Canada Road, a self storage facility to the south, the County of Orange’s Serrano Creek and Serrano Creek Regional Trail, and a truck depot located across the trail.

Exhibit 3 – Scenic Preservation Easement
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PROJECT DESCRIPTION:

The applicant is requesting approval of a contractor’s storage yard for Great Scott Tree Care (“GSTC”). GSTC, originally founded in 1976 as Great Scott Tree Service, specializes in the long-term care of municipal, commercial and homeowner associations’ urban forests. Services include tree health evaluation, tree trimming, tree removal, tree planting, and tree inventory and mapping. GSTC offers 24-hour emergency service throughout its service area which includes south Los Angeles County and all of Orange County, California. The GSTC headquarters is located at 10761 Court Street in Stanton, California, and a secondary temporary business location is at 8031 Marine Way in Irvine. The GSTC owners, Scott and Susan Griffiths, purchased the subject property in Lake Forest with the intent of utilizing the site at 20751 Linear Lane as their permanent secondary business location.

Site Improvements:

The contractor’s storage yard will include and will include ten vehicle parking spaces, 23 tree truck spaces, an office, formerly used as a single-family residence, an existing barn to be used for storage, a workshop, formerly used as a garage, four existing metal shipping containers which will continue to be used for storage, a trash enclosure, a wood chip storage area, and an underground detention basin.

A detention basin near Serrano Creek will collect and temporarily store stormwater runoff from developed areas, preventing negative impacts on the creek. Exhibit 4, and the narrative below, illustrate and discuss the site improvements in greater detail.

Exhibit 4 – Site Improvements
Woodchip
Storage Area
Parcel 2
Tree Trimming Parcel 1
Truck Parking
Vehicle Parking
Office
Storage Barn
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Office
Currently, there is one 2,360 square-foot home remaining onsite that the applicant would renovate as the GSTC office. The building would include offices, a breakroom, and restrooms. Exterior improvements are primarily associated with façade improvements, including a porch and new ADA accessible ramps and handrails and guardrails, (Exhibit 5). A new trash enclosure is proposed, and the existing 400-square-foot garage located at the southwest of the proposed office building would also be renovated and used as a workshop, however, no on-site vehicle repairs are proposed or would be permitted (Condition 42 of UP Resolution, Attachment 6).

Exhibit 5 – GSTC Office, Workshop, and Trash Enclosure
Storage
Also included as part of the site renovation is the existing 3,712 square-foot barn which will be used for storage (Exhibit 6). The exterior of the existing barn would be painted and minor repairs to the structure would be completed, including termite and dry rot treatment that may require the localized replacement of damaged wood with repaired areas to match the existing style and color of the structure.

Additionally, in accordance with Condition 36 of UP Resolution, Attachment 6, a visible plaque would be added to the barn exterior recognizing that the Project area is located within the geographic boundaries and ancestral territory of the Gabrieleno Tribe-Kizh Nation. (This was indicated in notes received from the Gabrieleno Tribe-Kizh Nation, and agreed to by the Applicant, following the City’s second Tribal consultation with the Tribe on April 29, 2021.) In addition, four existing on-site steel containers, each 8-feet by 20-feet by 8-feet tall for a total of 640 square-feet would remain on-site and used for storage.

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Exhibit 6, Barn to be renovated and used for storage
Wood Chip Storage Area
A key element of GSTC’s operation is recycling processed tree debris referred to as wood chips and storing this material in a 3,800 square-foot open storage area surrounded on three sides by stacked concrete barriers. The wood chip storage area would be located at the southwesterly corner of the site adjacent to Serrano Creek. At no time would the stored wood chips exceed six feet in height. The applicant has described the wood chip processing method as follows:
• Wet wood chips are dumped each day into rows no taller than six feet in an outdoor processing location (wood chip storage area).
• Natural weather and airflow are utilized to facilitate the drying process. • Rows of chips are aerated every other day by mechanical means. • There are no additives or other treatment for the wood chips. • During normal weather patterns, two weeks are required to achieve a water content of 40 to 50%.
• Once the wood chips have been dried, they are loaded into trucks and transported to locations requiring Biofuel or Mulch.
• GSTC offers processed wood chips at little to no cost to local landscapers, municipalities, schools, residents.

Parking
GSTC would provide on-site parking for employees and vendors, as well as for trucks and equipment associated with GSTC operations. Up to ten vehicle spaces and 23 tree trimming trucks and parking spaces are proposed.

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Site Access and Circulation
The site has three access driveways: two off of Linear Lane, and one off of the private drive that runs the length of the project’s south side. The private drive is secured at both ends by 6-foot-high black wrought iron gates. The applicant has indicated that gates would be opened by GSTC at 6:00 a.m. and closed at 5:00 p.m.

The private drive provides access to GSTC, as well as two neighboring properties:

Carmali Corporation located at 20845 Canada Road, and Hercules Gem Group located at 20762 Canada Road. According to the applicant, both property owners have consented to the installation of the security gates, and each has been given a fab to access the private drive as needed particularly since Camali Corporation has a couple of parking spaces off the private drive and stairs which exit from the building and into the private drive. Hercules Gem Group (“HGG”) uses the private drive as well. HGG has a small storage container along the private drive as well as a trash receptacle.

The private drive, in addition to providing access to vehicles and trucks associated with GSTC, will also provide access to CR&R, the City’s current trash hauler, Orange County Fire Authority (“OCFA”), the City of Lake Forest and other utility services. OCFA has approved installation of the two security gates provided a knox-box, as required by OCFA, is installed.

On-Site Operations
The applicant has indicated the GSTC site will have approximately 52 employees including nine administrative staff members, and 43 field employees. Field employees will begin their workday at 6:00 a.m. and end their workday by 3:30/4:00 p.m. Monday through Friday. Administrative staff will maintain a typical 8:00 a.m. to 5:00 p.m. Monday through Friday work schedule.

For years, GSTC has successfully used an arrival/departure system that allows field employees, usually two per car, to arrive at the office site by personal vehicle and/or carpool, take one of the tree trimming trucks out of its parking stall and temporarily park it in the internal drive aisle, park up to two personal vehicles in the now empty truck stall, and drive the tree trimming truck off-site to the work site location. A similar strategy is utilized by field staff in the afternoon at the end of the workday. Field staff will drive the tree trimming truck to the office site, temporarily park it on-site in the internal drive aisle, remove personal vehicles from the corresponding truck stall and temporarily park them in the internal drive aisle, park the tree trimming truck back in its parking stall, and leave the office site in their personal vehicle. According to the applicant, this transfer of vehicles takes less than five minutes per arrival/departure, as described and illustrated in greater detail in Attachment 9, Daily Snapshot of Operational Procedures.

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Landscaping
Given the location of the proposed contractor’s storage yard and its adjacency to open space to the north, and other light industrial businesses to the south, the applicant is proposing to add extensive landscaping. Landscaping along Linear Lane will consist of a 10-foot minimum landscape buffer. Landscaping between Parcels 1 and 2 will consist of drought tolerant trees and shrubs strategically placed in order to minimize visibility of the tree trimming trucks from the Serrano Creek Regional Hiking and Riding Trail. The applicant proposes to add 19 trees, retain 20 trees in place, remove 5 trees deemed to be no longer viable, and relocate two trees on-site (see landscaping plans in Attachment 10). Among the trees to be added are pepper trees, and southern live oak.

Entitlement Applications Required
In order to develop this property as a contractor’s storage yard, the approval of several entitlement applications is required: General Plan Amendment 03-18- 5145, a Development Agreement (“DA”), Zone Change 03-18-5144, Tentative Parcel Map (“TPM”) 2023-169, and Use Permit (“UP”) 03-18-5146. These are described below in greater detail. Table 1 below outlines the entitlements.

Table 1 – Existing and Proposed Land Use and Zoning Designations Action PARCELS
& APN(s)
Current
General
Plan
Designation
New
General
Plan
Designation
Current
Zoning
New Zoning
GPA/ZC
PARCEL 1
610-301-
07 (small
portion
between
610-301-
20 and
610-301-
21)
Regional
Park/Open
Space
UI 25
M1 Light
Industrial/PD
Planned
Development
UI 25
GPA/ZC
PARCEL 1
610-301-
20, 610-
301-21
Regional
Park/Open
Space
UI 25 A1 Agriculture UI 25
GPA/ZC
PARCEL 2
610-301-
07 (larger
portion)
Regional
Park/Open
Space
Regional
Park/Open
Space
M1 Light
Industrial/PD
Planned
Development
Open Space
Conservation
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• Tentative Parcel Map: The TPM will consolidate the three existing parcels (APNs 610-301-20, 610-301-21, and 610-301-07) into two new parcels:

Parcel 1 will be used for a contractor’s storage yard while Parcel 2 will remain undeveloped as Open Space Conservation (see Exhibit 7, below).

Exhibit 7 – TPM 2023-169
• GPA 03-18-5145 would change the General Plan designation of APN 610-301- 20, 601-301-21 and a small portion of 610-301-07 (Parcel 1 of TPM 2023-169) from Regional Park/Open Space to UI 25 (see Exhibit 8, below) Exhibit 8 – GPA 03-18-5145
Parcel 1
Planning
Parcel 2
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• A DA is required by Lake Forest Municipal Code (“LFMC”) 9.194.080 whenever a GPA is submitted by an applicant for property not owned by the City or Lake Forest Housing Authority, as is the case with the Project site.

Development Agreements (“DAs”) are contracts between a city and a property owner that provide assurances for both parties with respect to the use of land and the public benefit derived in exchange. The State Legislature has authorized cities to enter into development agreements which provide greater certainty to owners to proceed with their projects. The city receives a legally binding guarantee that an owner will provide certain public benefits; in return, the owner receives a legally binding guarantee that the city will not unilaterally change the allowable land uses or development standards on his/her property for a defined timeframe.

The Development Agreement that has been negotiated between the City and Grifitths Ranch LLC, requires the owner (GSTC) to contribute twenty-five thousand dollars ($25,000) to the City to support the City’s efforts to expand and improve the existing City system.
• ZC 03-18-5144, would change the zoning for the small remaining portion of APN 610-301-07 (Parcel 1 of TPM 2023-169) from M1 Light Industrial/PD Planned Development to UI 25. It would also change the zoning for APNs 610- 301-20, and 21, (also part of Parcel 1 of TPM 2023-169) from A1 to UI 25. The ZC would change the zoning for the larger portion of APN 610-301-07 (Parcel 2 of TPM 2023-169) from M1 Light Industrial/PD Planned Development to Open Space Conservation. (see Exhibit 9).

Exhibit 9
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ANALYSIS
Use Permit
According to the land use matrix in LFMC Section 9.73.065, a contractor’s storage yard in the Urban Industrial zoning district requires Planning Commission approval of a Use Permit. A Use Permit is required to ensure the use is compatible with surrounding uses; that it meets City codes and development standards, and that its overall design is executed without negatively impacting neighboring properties.

Based on Staff’s review the project is in compliance with all applicable General Plan, Subdivision, and Zoning Code requirements.

Compatibility with Surrounding Uses
The project site is primarily surrounded by light industrial uses except for the multifamily residential project located approximately 123 feet south of the project site.

A Noise study prepared by MD Acoustics dated May 9, 2024, indicates the project’s operational noise levels between the hours of 6 a.m. and 4 p.m., which is when tree trimming trucks are leaving and returning to the project site, are below the City’s 55 dBA noise limit, and therefore, no mitigation is required.

The proposed contractor’s storage yard is also compatible with surrounding uses because of development setbacks, the height and scale of the office, barn, and other on-site structures, as well as the inclusion of landscaping (see landscape plans, Attachment 10).

Compliance with Development Standards
The Urban Industrial (“UI”) 25 district requires approval of a Use Permit (“UP”) for a contractor’s storage yard. With the approval of UP 03-18-5146, the proposed project is in compliance with all applicable UI 25 development standards, as shown in Table 2, below.

Table 2: Applicable Development Standards
Zoning Development
Standards Requirement Proposed
Minimum Building Site Area No minimum Parcel 1: 2.05 acres (88,996.66 square feet)
Parcel 2: 4.67 acres
(203,510.25 square feet)
Maximum FAR for the nonresidential portion of a project 1:0.1Parcel 1: 0.78 FAR Parcel 2: 0 FAR (no
development is proposed)
Maximum Building Height 35 feet 22 feet
Building Setbacks for Non-Residential in the UI 25 district (Parcel 1) Front: from Arterial Street 10 feet (min.) 10 feet (min.) Planning Commission Staff Report
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(Adjacent to Linear Lane)
Side- from property line not
adjacent to a residential parcel
(Adjacent to the Private Drive)
10 feet(min.) 10 feet (min.)
Landscaping
Zoning Code Section 9.144.060.2 (Landscaping) includes requirements for boundary landscaping along all front property lines abutting streets. The landscaping is required for a minimum depth equal to the required setback distance or ten feet (whichever is less), except for the required street openings.

The landscaping for this project complies with this requirement, in that there is a ten-foot landscape buffer along Linear Lane.

Detention Basin
A detention basin at the southwest corner near Serrano Creek has been designed to collect and temporarily store stormwater, especially for areas with asphalt or concrete development which tend to have faster runoff flows than areas left in their natural state. The detention basin will ensure that runoff from the contractor’s yard and tree truck parking area does not negatively impact Serrano Creek. The engineering division has reviewed the detention basin and will continue to do so as part of the building plan check process.

Fencing and Gates
The proposed six-foot tall fence and 6-foot-tall security gates are in compliance with the Fence and Wall Zoning Code Section 9.144.08.5.

Parking
According to LFMC Table 9.72.090(A), the 2,360 square-foot GSTC office requires ten parking spaces (1/250 square-feet) and the applicant is proposing ten parking spaces in compliance with this parking requirement. In addition, the applicant is proposing 23 parking spaces for GSTC tree trimming trucks (Table 3). Since there is no LFMC parking requirement that addresses requirements not specified, the tree trimming truck spaces provided are for operational purposes only and no additional parking is required.

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Parking Table 3
Vehicle Parking Spaces
Provided
Parking
Dimensions
Automobiles
• Standard Stall
• ADA Van Accessible Stall
• Accessible Electric Vehicle Stall
• Standard Electric Vehicle Stall
10 9 feet x 19 feet
17 feet x 18 feet
17 feet x 18 feet
9 feet x 18 feet
Extended Cap Pickup Truck w/Arrow Board 5 11 feet x 35 feet Dump Truck/Extended Cab Pickup Truck
w/Chipper or Bucket Truck w/Arrow Board
18 13 feet x 43 feet
Total On-Site Parking Provided 33
Staff has reviewed the parking plan for the proposed use and it complies with the Zoning Code as well as engineering standards.

Circulation
The internal drive aisle is at least 14 feet wide, the minimum required, and has been designed so that both personal vehicles and trucks drive in one direction before exiting, thereby promoting an efficient traffic circulation pattern.

Traffic
The applicant submitted a traffic generation memo, prepared by Environment Planning Development Solutions, Inc. (“EPD”) dated September 14, 2023 (Attachment 7). The traffic generation memo estimates that the project will generate 142 daily trips, including 84 daily passenger vehicle trips with nine trips during the AM peak hour and five during the PM peak hour. The Vehicle Miles Traveled (VMT) analysis determined that the project does not exceed the threshold for further analysis, as it generates fewer than 110 daily passenger vehicle trips.

For more information on traffic, please refer to Attachment 7.

Access Easements
The private drive directly adjacent to proposed Parcel 1 provides access to several businesses. To ensure access to all entities, including two neighboring properties:

Carmali Corporation located at 20845 Canada Road, and Hercules Gem Group located at 20762 Canada Road, as well as the City’s current trash hauler, Orange County Fire Authority (“OCFA”), the City of Lake Forest and other utility services a condition of approval has been included requiring GSTC to add easements to Planning Commission Staff Report
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the final map which ensure access (Conditions 7, 9, and 10 of the TPM Resolution, Attachment 5, and Conditions 27, 28, and 29 of the UP Resolution, Attachment 6).

Compliance with General Plan:

These entitlement applications comply with the City’s General Plan as follows:

The Lake Forest City Council adopted an updated General Plan on June 2, 2020.

The General Plan includes multiple goals and policies that encourage high quality developments, encourage economic development, and support expanded employment opportunities. The updated General Plan did not change the General Plan land use designation for this project site, which is currently Regional Park/Open Space.

This project includes GPA 03-18-5145, which will change the General Plan designation of Parcel 1, where the contractor’s storage yard is proposed, from Regional Park/Open Space to UI 25. The UI 25 designation provides for a mix of dwelling units and/or traditional light industrial and commercial uses, including uses such as warehousing, distribution, mini-warehouse, self-storage, and other similar uses which have historically been allowed in the City’s industrial areas. For non-residential projects, the maximum intensity of development permitted is a floor area ratio of 1.0:1. The development of Parcel 1 as a contractor’s storage yard, an office building, workshop, and storage facilities is a light industrial development with a net density of 0.78 which is well within the 1.0:1 ratio permitted, and therefore, consistent with this General Plan’s land use designation.

Parcel 2 would maintain the existing General Plan Designation of Regional Park/Open Space. This designation provides for public recreational uses designed to meet the active and passive recreational needs of the community and other nearby areas in the region. This designation applies to land that is generally maintained as natural open space and includes portions of the County of Orange’s Serrano Creek and Serrano Creek Regional Trail.

Compliance with Design Guidelines:

The Citywide Design Guidelines, including the Light Industrial Design Guidelines, provide a framework for new developments in the City, specifically for properties within designated boundaries. Although the project in question falls outside these boundaries, the guidelines were still consulted for reference. Key recommendations include the proper arrangement of service yards to prevent future nuisances, such as ensuring loading areas, trash bins, and other outdoor equipment are strategically placed and screened from public view. The project has adhered to these guidelines by positioning the trash bin for easy access by waste collection services and painting it white to match the office’s aesthetic. Tree trimming trucks are allocated to a specific area of the site to minimize disruption, Planning Commission Staff Report
PC Agenda Report – August 8, 2024
18 of 21
and all storage is concealed. The service yard is designed for efficient access by service vehicles, and the office is being remodeled with a modern farmhouse style to complement the site’s rustic character.

Compliance with Development Agreement
According to LFMC Section 9.194.040, the Planning Commission may review four aspects of the development agreement and make a written recommendation on the development agreement to the City Council. The four aspects under the Planning Commission’s purview and a response to each are listed below for the Planning Commission’s recommendation to the City Council.

1. The permitted uses of the property;
Based on LFMC Table 9.73.065 Mixed-Use Land Use Matrix, a contractor’s storage yard within the UI 25 District is permitted subject to approval of a Use Permit.

2. The density or intensity of use;
Based on LFMC Section 9.73.050 the maximum floor area ratio for a nonresidential project is 1.0:1. Since the building site (Parcel 1 of TPM 2023- 169) is nearly 90,000 square-feet and buildings on Parcel 1 of TPM 2023- 169 total 7,112, the density of the building area is only 0.78 of the lot and well within the 1.0:1 ratio permitted.

3. The maximum height and size of proposed buildings; and Based LFMC Section 9.73.050, the maximum building height for nonresidential uses is 35 feet. Of the buildings proposed on-site, the GSTC existing barn is the tallest at 22 feet and well within the building height limit.

4. Provisions for reservation or dedication of land for public purposes.

The County of Orange holds the right to a scenic preservation easement that covers the entire 6.72-acre project parcel. However, it has granted the applicant the right to disturb up to 15% of its preservation easement.

Proposed improvements on the easement are limited to a portion of Parcel 1 of TPM 2023-169. However, all of Parcel 2 of TPM 2023 will remain designated Regional Park/Open Space, and Serrano Creek and the Serrano Creek Regional Trail will remain reserved for public purposes.

Compliance with Subdivision Ordinance
Title 7 (Subdivisions) of the Lake Forest Municipal Code includes the requirements and processing procedures for Tentative Parcel Maps, which is the process of dividing land of four parcels or less for the purpose of future sale and/or development. Subdivisions are required to be designed in conformance with the Planning Commission Staff Report
PC Agenda Report – August 8, 2024
19 of 21
City’s General Plan and Zoning, as indicated in LFMC Section 7.05.055, as well as standards of design, which are listed in Chapter 7.08 of the Code, such as streets, slopes, grades, and utilities. Based on staff’s review of the TPM, it complies with the City’s subdivision ordinance.

ENVIRONMENTAL REVIEW:

A project that includes a General Plan Amendment and/or Zone Change is not exempt from the California Environmental Quality Act (CEQA) and requires the City to draft an Initial Study to evaluate potential environmental impacts generated by the project, as well as environmental effects on the project. The topics studied included, but were not limited to, aesthetics, air quality, greenhouse gas emissions, hazardous materials, noise, public services, traffic, and tribal cultural resources.

On September 21, 2021, the City circulated a Notice of Intent to Adopt a Mitigated Negative Declaration (“MND”). Subsequent to completion of the 30-day public review period and prior to consideration of the Project by the Planning Commission, the project was modified and a revised Draft MND was recirculated and made available for public review from June 12, 2024, through July 11, 2024.

The City received one written comment from the California Cultural Resource Preservation Alliance. The comment notes agreement with the determination that the proposed project has a high potential for encountering buried archaeological resources. To reduce potential impacts, a mitigation measure requiring implementation of a Cultural Resources Management Plan (“CRMP”) was added as a condition of approval (Condition 24 of UP Resolution Attachment 6).

The Initial Study/Final Mitigated Negative Declaration (IS/MND) (Attachment 1) concluded that implementation of the proposed project, with the inclusion of specific mitigation measures, would not generate significant environmental impacts. The Draft IS/MND includes proposed mitigation measures related to biological resources, cultural resources, geological resources, noise, and tribal resources, geology and soils, and tribal cultural resources. A complete list of the mitigation measures can be reviewed in the Mitigation Monitoring and Reporting Program that is part of the draft resolution recommending approval of the Mitigated Negative Declaration (Attachment 1). The mitigation measures have also been included as conditions of approval in the resolution recommending approval of the Use Permit (Attachment 6).

SUMMARY
GSTC owners purchased the property at 20751 Linear Lane with the intent of establishing a secondary office in the City of Lake Forest. Through site planning and entitlement applications, and conditions of approval on the TPM, the project Planning Commission Staff Report
PC Agenda Report – August 8, 2024
20 of 21
will ensure the preservation of open space along Serrano Creek and continued public use of the Serrano Creek Regional Trail. Additional factors include the following:
• Complies with General Plan policies.
• Complies with Zoning and the UI 25 Development Standards. • Complies with the City’s Design Guidelines.

Staff has provided a detailed project description of the six required entitlements for this project and an analysis of the project’s compliance with the City’s General Plan, Zoning Code, Design Guidelines, and Development Agreement provisions.

Staff has prepared resolutions for the Planning Commission’s consideration, and recommends that the Planning Commission recommend that the City Council review and approve the proposed project as follows:
1) Adopt a Mitigated Negative Declaration and approve a Mitigation Monitoring and Reporting Program (“MMRP”) for General Plan Amendment 03-18-5145, a Development Agreement, Zone Change 03-18-5144, Tentative Parcel Map 2023-169, and Use Permit 03-18-5146 for the subdivision of three parcels assessor’s parcel numbers (“APNs”): 610-301-20, 601-301-21 and 610-301-07 into two parcels and the construction of a contractor’s storage yard at 20751 Linear Lane on Parcel 1 of TPM 2023-169 (APN: 610-301-20, 601-301-21 and a portion of APN 610-301-07), and retention of parcel 2 (the remainder of APN 610-301-07) as undeveloped and containing Serrano Creek and the Serrano Creek Regional Trail.
2) Approve General Plan Amendment 03-18-5145 amending the General Plan Land Use Element to change the land use designation of APNs 610-301-20, 601-301-21 and a portion of APN 610-301-07, located at 20751 Linear Lane and comprised of APNs 610-301-20, and 21, and a portion of APN 610-301-07) from Regional Park/Open Space to Urban Industrial 25 (“UI 25”). 3) Approve a Development Agreement between the City of Lake Forest and Great Scott Tree Care under Griffith Ranch LLC for certain real property located within the City of Lake Forest pursuant to California government code section 65864 et seq.
4) Approve Zone Change 03-18-5144 changing the zoning of the property located at 20751 Linear Lane; specifically, a portion of APN 610-301-07 (Parcel 2 of TPM 2023-169) from Light Industrial/Planned Development to Open Space Conservation, and the remaining portion of APN 610-301-07 from Light Industrial/Planned Development to Urban Industrial 25, and APNs 610-301-20 and 21 from Agriculture (“A 1”) to Urban Industrial 25 (“UI 25”).

Planning Commission Staff Report
PC Agenda Report – August 8, 2024
21 of 21
5) Approve Tentative Parcel Map 2023-169, a request to subdivide the property located at 20751 Linear Lane into two parcels (APN: 610-301-20, 610-301-21, and 610-301-07).
6) Approve Use Permit 03-18-5146 to allow development of a contractor’s storage yard on Parcel 1 of Tentative Parcel Map 2023-169 located at 20751 Linear Lane (APNs 610-301-20, 610-201-21 and a portion of 610-301-07).

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 25, 2024. In addition, on July 24, 2024, public notices were posted at City Hall, and on July 22, 2024, public notices were sent to owners of all property within 300 feet of the project boundary.

ATTACHMENTS:

1. PC Resolution Recommending Adoption of Mitigated Negative Declaration and MMRP

2. PC Resolution Recommending Approval of GPA 03-18-5145

3. PC Resolution Recommending Approval of a Development Agreement

4. PC Resolution Recommending Approval of ZC 03-18-5144

5. PC Resolution Recommending Approval of TPM 2023-169

6. PC Resolution Recommending Approval of UP 03-18-5146

7. Traffic generation memo, prepared by Environment Planning Development Solutions, Inc. (“EPD”) dated September 14, 2023.

8. Letter from Orange County Parks dated January 24, 2024, allowing the applicant to disturb up to 15% of its Scenic Preservation Easement.

9. Snapshot of Daily Operational Procedures

10. Project Plans
Planning Commission Staff Report
Attachment 8
TABLE 2

PLANNING COMMISSION CONDITIONS REVISED FOR CLARITY AND FOR CITY COUNCIL CONSIDERATION Planning Commission Conditions Read: Planning Commission Conditions Revised by Staff for Clarity
Summary
Condition 7 of TPM Resolution (Attachment 5)
Prior to approval and recordation of a final parcel
map: The applicant shall submit letters from the
adjacent owner(s) for review and approval by the
Director of Public Works or his/her designee
(Engineering Survey) stating their approval of the
gate construction and restriction of access. If the
applicant cannot provide the approval letter, the
applicant shall submit a Changed Plan for review
and approval by the Director of Community
Development to move the gate construction onto
their own property.

Condition 7 of TPM Resolution (Attachment 5)
Prior to approval and recordation of a final parcel
map the applicant shall submit a Memorandum of
Understanding (“MOU”) for review and approval
by the City Attorney. The MOU must be signed
by the adjacent property owners of Assessor’s
Parcel Numbers (“APN”s) 610-301-24 and 610-
301-29 indicating their agreement to gate and
lock the southwest end of the private
ingress/egress easement (also referred to as the
private drive) and lock the gate at the northwest
end of the private ingress/egress easement .

Additionally, the MOU must include provisions for
the adjacent owners to have unabated access via
a key fob or other means. (PLNG)(PW/ENG)
 Same intent
 Requires MOU
between applicant
and adjacent
property owners
 MOU would provide
applicant and
adjacent property
owners with
unabated access to
gated private drive
Condition 9 of TPM Resolution (Attachment 5)
a. As requested by the Orange County Fire
Authority (“OCFA”), an Emergency
Vehicular Access easement shall be
dedicated to the City of Lake Forest across
a portion of the alley/ingress and egress
easement to ensure access in case of fire.

Since this is an offsite easement, the
adjacent property owners need to grant
this easement to OCFA, and proof of their
having granted this easement to OCFA
shall be submitted to the City of Lake
Forest Public Works/Engineering
Department.
b. An easement to the City’s contract trash
hauler to access the site to collect trash.
(PLNG)(PW/ENG)
Condition 9 of TPM Resolution (Attachment 5)
Prior to approval and recordation of a final parcel
map, an emergency vehicular access easement
shall be dedicated to the City and its emergency
services contractor across a portion of the
ingress/egress (private drive), to the City’s
satisfaction, to ensure access in case of
emergency. Since this is an offsite easement, the
property owners of APNs 610-301-24 and 610-
301-29 must grant easement to the City and its
emergency services contractor and provide proof
of said easement to the Director of Public Works.
(PLNG)(PW/ENG)
 Same intent
 Provides private drive access
to the City and its emergency
services contractor (currently
OCFA)
Planning Commission Conditions Read: Planning Commission Conditions Revised by Staff for Clarity
Condition 10 of TPM Resolution (Attachment 5)
Prior to issuance of a final approval by the Building
Division, the applicant is reminded that the County
of Orange has never accepted the Irrevocable
Offer of Dedication (“IOD”) for the Easement for
Recreation, Hiking and Riding Purposes as
dedicated on Parcel Map No.86-133. The applicant
shall grant a new easement to the County of
Orange for Recreation, Hiking, and Riding
purposes in the correct trail location and submit
Condition 10 of TPM Resolution (Attachment
5)
Prior to approval and recordation of the final
parcel map, the applicant shall submit proof to
the Director of Public Works that an easement of
the corrected alignment of the Serrano Creek
Regional Hiking and Riding Trail has been
granted to the County of Orange.
(PLNG)(PW/ENG)
 Same intent
 Requires correction to the
Serrano Creek Regional
Hiking and Riding Trail
alignment and dedication to
the County of Orange.
that to the City for review and approval by the
Director of Public Works/Engineering
(PLNG)(PW/ENG)(BLDG)
Condition 11 of UP Resolution (Attachment 6)
Prior to recordation of the final map, an easement
for emergency access purposes dedicated to the
City of Lake Forest, across the adjacent property
along the private drive/fire lane from Linear Lane to
Canada shall be recorded.

Condition 11 of the TPM Resolution
(Attachment 5)
Prior to approval and recordation of the final
parcel map:
a. The final parcel map shall indicate that
an emergency access easement within
the private ingress/egress (private drive)
has been granted to the City and its
emergency services contractor by the
adjacent property owners of APNs 610-
301-24 and 610-301-29.
 Same intent
 Makes condition a part of the
TPM, and not the UP
TABLE 3
PLANNING COMMISSION CONDITIONS ADDED TO USE PERMIT RESOLUTION, ATTACHMENT 6,

AND AMENDED BY STAFF FOR CITY COUNCIL CONSIDERATION
Conditions Added by the Planning Added Planning Commission Conditions Summary Commission Amended by Staff
Condition 11 of UP Resolution
(Attachment 6)
Operational hours shall be limited to a 7:00
a.m. start time except for times when the
applicant is required to respond to an
emergency.
(The Commission imposed this condition
out of consideration for residents
concerned about possible noise funneling
down the canyon and impacting residents
on Sharmila Street in the Autumnwood
Homeowner’s Association)
Condition 11 of UP Resolution
(Attachment 6)
Operational hours shall be 6:00 a.m. to 5:00
p.m. Monday through Friday, and 7:00 a.m.
to 5:00 p.m. on Saturday for field staff, and
8:00 a.m. to 5:00 p.m. for administrative staff,
except for times when the applicant is
required to respond to an emergency.
(To revise the start time to 6:00 a.m., the
applicant submitted a revised noise study
dated 9/24/24, which indicates a 6:00 a.m.
start time will not impact residents on
Sharmila Street – Noise levels are within the
City’s acceptable noise levels)
 Applicant requested 6:00 a.m. start
time
 Applicant submitted a noise study
indicating homes on Sharmilla
Street in the Autumnwood
Community would not be affected
by 6:00 a.m. start time.
 6:00 a.m. start time complies with
City’s Noise Ordinance
Condition 12 of UP Resolution
(Attachment 6)
Access to the site shall be limited to Linear
Condition 12 of UP Resolution
(Attachment 6)
Tree trimming truck and field staff access to
 Truck and field staff required to
use Linear Lane to access the
Project site. (No access from
Canada Road)
Lane and the private drive. the Project site shall be limited to Linear Lane and the private drive (NO ACCESS to
tree trimming trucks and field staff from
Canada Road shall be permitted).
(The applicant asked to maintain site access
through Canada Road, as they currently
have, but limit the access of the truck and
field staff to Linear Lane and the private
drive.)
Condition 13 of UP Resolution
(Attachment 6)
Wood chips shall not be stored on-site
during periods when Orange County Fire
Authority (OCFA) has declared a high-fire
hazard warning.

Condition 13 of UP Resolution
(Attachment 6)
As proposed by the Planning Commission,
and in concurrence with the applicant.
 Applicant agreed to NOT store
wood chips on-site during high-fire
warnings.

Attachment 9
AZ Office CA Office
4960 S. Gilbert Rd, Suite 1-461 1197 Los Angeles Ave, Suite C-256 Chandler, AZ 85249 Simi Valley, CA 93065
p. (602) 774-1950 p. (805) 426-4477
www.mdacoustics.com
JN: 06862012_Addendum#1.docx 7
September 25, 2024
EPD Solutions Inc.

Selena Kelaher
333 e Michelson Drive Suite 500
Irvine, CA 92612
Subject: Great Scott Tree Service Facility – Noise Impact Study Addendum #1, City of Lake Forest, CA
MD Acoustics, LLC (MD) completed an addendum#1 to the original noise study prepared on 6/6/2024 for the Great Scott Tree Service Facility project located at the west of Liner Lane, north of Canada Road in the City of Lake Forest, CA. Since the completion of the noise analysis MD has received the following comments from the City of Lake Forest planning commission:

City Staff respectsthe findings of the Noise Study which considers a 6:00 a.m. start time as one that does not negatively impact sensitive land uses.

However, single-family homeowners along Sharmila (20911 Sharmila, Lake Forest, CA 92630) are concerned about how noise may transmit down the canyon and negatively impact them.

MD was asked to return to the site to take one (1) ambient noise measurements at the single family homes of concern. MD went to the site on 9/23/2024 and took one (1) 24 hour noise measurement see Exhibit A, MD then updated the project model to show the project impact to the residential receptor see Exhibit B. MD then compared the ambient reading at 6 AM and compared it to the future nighttime operational noise levels at the same locations.

Table 1 provides the ambient noise levels with the future predicted noise levels.

Table 1: Worst-case Predicted Operational Noise Level (dBA) Receptor1
Existing Ambient Noise Level
(dBA, Leq)2
Project
Noise Level
(dBA, Leq)3
Change in Noise
Level as Result
of Project
1 44 22 0

1. Locations 1 at 20911 Sharmila

2. One 24 hr noise measurements. Ambient noise level at 6 am when activity would start

3. Project operational noise levels. See Exhibit A.

Great Scott Tree Service Facility
Noise Study Addendum #1
City of Lake Forest, CA
JN: 06862012_Addendum#1.docx 7
Findings:

As shown in Table 1, the existing noise levels measured 44 dBA. Future projected noise levels will measure 22 dBA.

The existing noise levels are anticipated to have no increase in the existing ambient condition.

Additionally, the existing and projected noise for the project at 6 AM will not exceed 50 dBA Leq and are therefore, compliant with the City of Lake Forest’s noise requirements (as outlined in the City of Lake Forest Municipal Code Section 11.16.040). Furthermore, noise levels from project activities is not believed to travel down the canyon and create a significant impact to the residential receptor.

MD is pleased to provide this addendum #1. If you have any questions regarding this evaluation, please call our office at (602) 774-1950.

Sincerely,
MD Acoustics, LLC
Robert Pearson
Acoustical Consultant
JN: 06862012_Addendum#1.docx 7
Exhibit A
Field Sheet
www.mdacoustics.com
AZ Office
4960 S. Gilbert Rd, Ste 1-461
Chandler, AZ 85249
CA Office
1197 E Los Angeles Ave, C-256
Simi Valley, CA 93065
Project: Great Scott Tree Service Facility Site Observations:

Site Address/Location: 20911 Sharmila Lake Forest
Date: 9/23/2024 to 9/24/2024
Field Tech/Engineer: Dennis Jordan
General Location:

Sound Meter: NTi XL2 SN: 80206 Site Topo:

Settings: A-weighted, slow, 1-min, 24-hour duration Ground Type:

Meteorological Con.: 73 degrees F, 2 to 5 mph wind, west to east diretion Site ID: LT-1
24-Hour Continuous Noise Measurement Datasheet
74 degrees, Sunny and clear, winds 0 to 5 mph light vehicle and pedestrian traffic could be heard
Noise Source(s) w/ Distance:

Flat
Soft site, Open raw ground with a road
Figure 1: LT-1 Monitoring Location
1 24Hr Field Sheet _1Hr_Awtg.xlsx
www.mdacoustics.com
AZ Office
4960 S. Gilbert Rd, Ste 1-461
Chandler, AZ 85249
CA Office
1197 E Los Angeles Ave, C-256
Simi Valley, CA 93065
Project: Great Scott Tree Service Facility Day: 1 of 1
Site Address/Location: 20911 Sharmila Lake Forest
Site ID: LT-1
Date Start Stop Leq Lmax Lmin L2 L8 L25 L50 L90
8/12/2020 3:00 PM 4:00 PM 45.0 55.4 39.4 52.0 44.0 42.4 40.4 0.0 8/12/2020 4:00 PM 5:00 PM 46.5 56.9 40.9 53.5 45.5 43.9 41.9 0.0 8/12/2020 5:00 PM 6:00 PM 46.2 56.6 40.6 53.2 45.2 43.6 41.6 0.0 8/12/2020 6:00 PM 7:00 PM 44.5 54.9 38.9 51.5 43.5 41.9 39.9 0.0 8/12/2020 7:00 PM 8:00 PM 43.1 53.5 37.5 50.1 42.1 40.5 38.5 0.0 8/12/2020 8:00 PM 9:00 PM 42.0 52.4 36.4 49.0 41.0 39.4 37.4 0.0 8/12/2020 9:00 PM 10:00 PM 41.3 51.7 35.7 48.3 40.3 38.7 36.7 0.0 8/12/2020 10:00 PM 11:00 PM 40.3 50.7 34.7 47.3 39.3 37.7 35.7 0.0 8/12/2020 11:00 PM 12:00 AM 39.7 50.1 34.1 46.7 38.7 37.1 35.1 0.0 8/12/2020 12:00 AM 1:00 AM 38.1 48.5 32.5 45.1 37.1 35.5 33.5 0.0 8/12/2020 1:00 AM 2:00 AM 35.7 46.1 30.1 42.7 34.7 33.1 31.1 0.0 8/12/2020 2:00 AM 3:00 AM 34.5 44.9 28.9 41.5 33.5 31.9 29.9 0.0 8/12/2020 3:00 AM 4:00 AM 32.7 43.1 27.1 39.7 31.7 30.1 28.1 0.0 8/12/2020 4:00 AM 5:00 AM 33.7 44.1 28.1 40.7 32.7 31.1 29.1 0.0 8/12/2020 5:00 AM 6:00 AM 37.5 47.9 31.9 44.5 36.5 34.9 32.9 0.0 8/12/2020 6:00 AM 7:00 AM 43.9 54.3 38.3 50.9 42.9 41.3 39.3 0.0 8/12/2020 7:00 AM 8:00 AM 46.2 56.6 40.6 53.2 45.2 43.6 41.6 0.0 8/12/2020 8:00 AM 9:00 AM 44.3 54.7 38.7 51.3 43.3 41.7 39.7 0.0 8/12/2020 9:00 AM 10:00 AM 43.3 53.7 37.7 50.3 42.3 40.7 38.7 0.0 8/12/2020 10:00 AM 11:00 AM 43.2 53.6 37.6 50.2 42.2 40.6 38.6 0.0 8/12/2020 11:00 AM 12:00 PM 43.4 53.8 37.8 50.4 42.4 40.8 38.8 0.0 8/12/2020 12:00 PM 1:00 PM 43.5 53.9 37.9 50.5 42.5 40.9 38.9 0.0 8/12/2020 1:00 PM 2:00 PM 43.6 54.0 38.0 50.6 42.6 41.0 39.0 0.0 8/12/2020 2:00 PM 3:00 PM 43.8 54.2 38.2 50.8 42.8 41.2 39.2 0.0 CNEL: 46.9
24-Hour Noise Measurement Datasheet - Cont.
24Hr Field Sheet _1Hr_Awtg.xlsx
www.mdacoustics.com
AZ Office
4960 S. Gilbert Rd, Ste 1-461
Chandler, AZ 85249
CA Office
1197 E Los Angeles Ave, C-256
Simi Valley, CA 93065
Project: Great Scott Tree Service Facility Day: 1 of 1
Site Address/Location: 20911 Sharmila Lake Forest
Site ID: LT-1
24-Hour Continuous Noise Measurement Datasheet - Cont.

45.0 46.5 46.2

44.5 43.1

42.0 41.3

40.3 39.7

38.1 35.7

34.5 32.7 33.7

37.5 43.9

46.2 44.3

43.3 43.2 43.4 43.5 43.6 43.8

0.0 5.0

10.0 15.0

20.0 25.0

30.0 35.0

40.0 45.0

50.0 3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM
10:00 PM11:00 PM
12:00 AM
1:00 AM2:00 AM3:00 AM4:00 AM5:00 AM6:00 AM7:00 AM8:00 AM9:00 AM 10:00 AM11:00 AM
12:00 PM
1:00 PM2:00 PM
Leq(h), dBA
Time
24Hr - 1Hr Leq & L90 Leq
L(90)
24Hr Field Sheet _1Hr_Awtg.xlsx
JN: 06862012_Addendum#1.docx 7
Exhibit B
Sound Level Contours
06862012_Great Scott Tree
Noise Level Contours
Tree Serive Facility
Night Operation
Signs and symbols
57 50 58 51 59 52 Level table, dBA
Buildings
Parking
Point Receivers
Levels in dB(A) < 45
45- 50
50- 55
55- 60
60- 65
>= 65
Length scale 1:150 0 50 100 200 300feet
1 22
11437250
11437250
11437500
11437500
3724750
3724750
Attachment 10
ABCDE FGHIJKL MNOPQRS TUVW SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A0.1 ABBREVIATIONS GENERAL NOTES SYMBOLS APPLICABLE CODES 05 ARCHITECT OWNER 15 PROJECT DATA 10 VICINITY MAP SCOPE OF WORK PROJECT DIRECTORY GENERAL INFORMATION ENVIRONMENTAL 04 SHEET INDEXPROJECT LOCATION 27 03 LANDSCAPE 20 08 LANDSCAPE ARCHITECT ZONING DATA 02 GREAT SCOTT TREE CARE 20751 & 20761 LINEAR LANE LAKE FOREST, CA 92630 OWNER'S REP CIVIL ENGINEER ARCHITECTURAL 25 FIRE NOTES 14 City Project Numbers: GPA 03-18-5145, ZC 03-18-5146, TPM 2023-169, Development Agreement SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A1.0.1 EXISTING ZONING & LAND USE EXHIBIT EXISTING ZONING MAP EXISTING GENERAL PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A1.0.2 PROPOSED ZONING & LAND USE EXHIBIT LOCATION MAP PROPOSED PARCEL MAP PROPOSED ZONING MAP PROPOSED ZONE CHANGE TABLE AERIAL IMAGE SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A1.0.3 AERIAL PHOTO PARCEL 1 PARCEL 2 INDUSTRIAL OFFICE WAREHOUSE 20732 LINEAR LN. AMERICAN MINI STORAGE 20941 CANADA RD AFAB PRECISION MACHINING 20742 LINEAR LN. SCHMAZE INDUSTRIES 20781 CANADA RD HERCULES OEM GROUP 20762 CANADA RD CARMALI CORPORATION 20845 CANADA RD STORAGE 20761 LINEAR LN OFFICE 20751 LINEAR LN SERRANO CREEK TRAIL SERRANO CREEK TRAIL SERRANO CREEK TRAIL SERRANO CREEK TRAIL SERRANO CREEK TRAIL SERRANO CREEK SERRANO CREEK SERRANO CREEK SERRANO CREEK INGRESS / EGRESS EASEMENT LINEAR LANE LINEAR LANE DIMENSION DRIVE

SERRANO CREEK

DIMENSION DRIVE

LINEAR LANE

INGRESS - EGRESS EASEMENT PORCH PLAZA
BARN (STORAGE) 20761 LINEAR LN 3,712 S.F.

INGRESS - EGRESS EASEMENT

SERRANO CREEK
OFFICE 20751 LINEAR LN 2,360 S.F. X X X X
X

X X X X X X X

CANADA ROAD

ACCESS EASEMENT
SHOP (STORAGE) 400 S.F. PROPOSED SITE PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A1.1 KEYNOTES LEGEND PROPOSED SITE PLAN PARCEL 1 88,996.66 SF 2.05 AC PARCEL 2 203,510.25 SF 4.67 AC

SERRANO CREEK

INGRESS - EGRESS EASEMENT PORCH PLAZA
BARN (STORAGE) 20761 LINEAR LN 3,712 S.F.

INGRESS - EGRESS EASEMENT
OFFICE 20751 LINEAR LN
CARMALI CORPORATION 20845 CANADA LN
AMERICAN MINI STORAGE 20941 CANADA RD
HERCULES OEM GROUP 20762 CANADA LN X X X X X X X X X X
X
X
X
X

X X X X X X X X X X X X X X
SHOP (STORAGE) 400 S.F.

REF.

FRZR. ENLARGED SITE PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A1.2 KEYNOTES LEGEND PROPOSED ENLARGED SITE PLANPARCEL 2 203,510.25 SF 4.67 AC PARCEL 1 88,996.66 SF 2.05 AC CHIPPING AREA B

LINEAR LANE

INGRESS - EGRESS EASEMENT
PORCH
PLAZA

SERRANO CREEK
OFFICE
20751 LINEAR LN
2,360 S.F.

SHOP
(STORAGE) 400 S.F. KEYNOTES LEGEND ENLARGED SITE PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6

BUNDY -F INKEL
Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A1.3 PROPOSED ENLARGED SITE PLAN B PARCEL 2 203,510.25 S.F. 4.67 AC. PARCEL 1 88,996.66 S.F. 2.05 AC. ·· NO PARKING PARKING ONLY MINIMUM FINE $250 VAN ACCESSIBLE SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE 010204 10 05 09 16 06 1719 25 20 24 27 22 2930 18 13 08 03 141511 28 23 12 A1.4 SITE PLAN DETAILS 07 (E)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(E)(E) (E)
(E)
(E)
(E)
(E) (E)
(E)
(E)
(E)
(E)
(E)
(R/R)
(R/R)
(E)
(E) (E)
PORCH
PLAZA
BARN (STORAGE) 20761 LINEAR LN 3,712 S.F.

OFFICE 20751 LINEAR LN 2,360 S.F.

WOOD CHIPPING AREA

CONTAINER STORAGE

PATIO CONTAINER STORAGE
T

SERRANO CREEK

LINEAR LANE

PRIVATE
DRIVE

SERRANO CREEK

SERRANO CREEK TRAIL

SERRANO CREEK TRAIL
SHOP (STORAGE) 400 S.F. COLORED SITE PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A1.5 PROPOSED SITE PLAN DEMO FLOOR PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A2.0 DEMO FLOOR PLAN A DEMO - FLOOR PLAN WALL LEGEND DN DN DN B F B F 15 15 AA 6 6 E 42 D 3 A.1 C D.1 OPEN OFFICE OFFICE 2 FOYER OFFICE 1 PORCH BREAK ROOM PORCH 5.1 DN BATH 1 WOMEN'S MEN'S JAN OFFICE FLOOR PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A2.1 PROPOSED OFFICE FLOOR PLAN A LEGEND KEYNOTES B F B F 15 15 AA 6 6 E 42 D 3 A.1 C D.1 5.1 OFFICE ROOF PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A2.2 A KEYNOTES PROPOSED OFFICE ROOF PLAN OFFICE EXTERIOR ELEVATIONS SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE SOUTH ELEVATION A3.1 A WEST ELEVATION CC EAST ELEVATION B NORTH ELEVATION KEYNOTES (OPEN AREA) STORAGE 3,712 S.F. EXISTING BARN FLOOR PLAN AND EXTERIOR ELEVATIONS SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A4.1 SOUTH ELEVATION 1 EAST ELEVATION 2 NORTH ELEVATION 3 WEST ELEVATION 4 EXISTING BARN FLOOR PLAN A KEYNOTES FINISHES - FACING THE PRIVATE DRIVE SHOP (STORAGE) 400 S.F. CONTAINER (STORAGE) 320 S.F. SHOP & STORAGE CONTAINERS - FLOOR PLAN, EXTERIOR ELEVATIONS, GENERAL INFO. SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE A4.2 SOUTH ELEVATION 1 EAST ELEVATION 2 EXISTING SHOP FLOOR PLAN NORTH ELEVATION A 3 WEST ELEVATION 3 SOUTH ELEVATION 1 EAST ELEVATION 2 CONTAINER FP NORTH ELEVATION A 3 WEST ELEVATION 3 KEYNOTES FINISHES KEYNOTES FINISHES DN
DN
DN
B
B
F
5 5
A
A
6 6
4 2
D
3 A.1
D.1
C

5.1 DN
BATH 1
PORCH
PLAZA
BARN (STORAGE) 20761 LINEAR LN 3,712 S.F.

SHOP (STORAGE) 400 S.F.

OFFICE 20751 LINEAR LN 2,360 S.F.

CARMALI CORPORATION 20845 CANADA LN SCHMAZE INDUSTRIES 20792 CANADA LN AMERICAN MINI STORAGE 20941 CANADA RD
AFAB PRECISION MACHINING 20742 LINEAR LN
INDUSTRIAL OFFICE WAREHOUSE 20732 LINEAR LN
HERCULES OEM GROUP 20762 CANADA LN X X X X
X

X X X X X X X L LINEAR LANE C L ACCESS EASEMENT C L ACCESS EASEMENT CCANADA STREET SERRANO CREEK

SERRANO

SERRANO CREEK

TO CANADA ROAD
CREEK

SERRANO CREEK

SERRANO CREEK TRAIL

SERRANO CREEK TRAIL
SERRANO CREEK TRAIL C1.0 GRADING PLAN INDEX SHEET SHEET C1.2 SHEET C1.1 SHEET STAMP GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 C O S T A M E S A C A 9 2 6 2
BUNDY -FINKEL Architects 20751 LINEAR LANE LAKE FOREST, CA 92630 SHEET TITLE 2603 Main Street, Suite 400 Irvine, California 92614-4250 949.988.5815 CARMALI CORPORATION 20845 CANADA LN
AMERICAN MINI STORAGE 20941 CANADA RD
HERCULES OEM GROUP 20762 CANADA LN X X X X X X X X
X
X
X

X X X X X X X X X X X X X X X

SERRANO CREEK
BARN

GARAGE L ACCESS EASEMENT C

DECK PORCH
TRASH

STORM DRAIN STORAGE GALLERY LC ACCESS EASEMENT CANADA STREET

SERRANO CREEK

TRUCK PARKING

TRUCK PARKING TRUCK PARKING
OFFICE

CHIPPING AREA

SERRANO CREEK TRAIL EV PRKG
ADA PRKG CONSTRUCTION NOTES 12345679 SHEET STAMP GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 C O S T A M E S A C A 9 2 6 2
BUNDY -FINKEL Architects 20751 LINEAR LANE LAKE FOREST, CA 92630 SHEET TITLE 2603 Main Street, Suite 400 Irvine, California 92614-4250 949.988.5815C1.1 GRADING PLAN MATCH LINE - SEE SHEET C1.2 1011 LEGEND 12 5 5 DN
DN
DN
B
B
F
5 5
A
6 6
4 2
D
3 A.1
D.1 C

5.1 DN
BATH 1
PORCH
SHOP
(STORAGE) 400 S.F.

OFFICE
20751 LINEAR LN
2,360 S.F.

AFAB PRECISION MACHINING
20742 LINEAR LN

INDUSTRIAL OFFICE WAREHOUSE
20732 LINEAR LN
L
GARAGE

LINEAR LANE C
DECK
PORCH
TRASH

SERRANO CREEK

EMPLOYEE PRKG
OFFICE

SERRANO CREEK TRAIL

EV PRKG
ADA PRKG C1.2 GRADING PLAN
MATCH LINE - SEE SHEET C1.1 CONSTRUCTION NOTES
123456791011LEGEND SHEET STAMP GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 C O S T A M E S A C A 9 2 6 2

BUNDY -FINKEL
Architects 20751 LINEAR LANE LAKE FOREST, CA 92630 SHEET TITLE 2603 Main Street, Suite 400 Irvine, California 92614-4250 949.988.5815 CARMALI CORPORATION 20845 CANADA LN SCHMAZE INDUSTRIES 20792 CANADA LN AMERICAN MINI STORAGE 20941 CANADA RD
AFAB PRECISION MACHINING 20742 LINEAR LN
INDUSTRIAL OFFICE WAREHOUSE 20732 LINEAR LN
HERCULES OEM GROUP 20762 CANADA LN X X X X X X
X
X X X X X X X X L LINEAR LANE C CANADA STREET SERRANO CREEK L DIMENSION DRIVE C C1.0 TRUCK TURN EXHIBIT SHEET STAMP GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 C O S T A M E S A C A 9 2 6 2
BUNDY -FINKEL Architects 20751 LINEAR LANE LAKE FOREST, CA 92630 SHEET TITLE 2603 Main Street, Suite 400 Irvine, California 92614-4250 949.988.5815 LEGEND TRUCK AND TRAILER DIMENSIONS CARMALI CORPORATION 20845 CANADA LN SCHMAZE INDUSTRIES 20792 CANADA LN AMERICAN MINI STORAGE 20941 CANADA RD
AFAB PRECISION MACHINING 20742 LINEAR LN
INDUSTRIAL OFFICE WAREHOUSE 20732 LINEAR LN
HERCULES OEM GROUP 20762 CANADA LN X X X X
X

X X X X X X X X
X 30' PRIVATE PROPERTY WITH INGRESS/EGRESS EASEMENT SERRANO CREEK SERRANO CREEK

SERRANO CREEK
SERRANO TRUCK PARKING (TYP.) CREEK TRUCK PARKING (TYP.) PARCEL 1 88,996.66 SF 2.05 AC NEW FEMA FLOOD PLAIN (CONVEYED BY SEPERATE INSTRUMENT) EXIST. BARN TO REMAIN PARCEL 2 203,510.25 SF 4.67 AC PARCEL 2 203,510.25 SF 4.67 AC EMPLOYEE PARKING (TYP.) EXIST. SFD TO BE REMODELED NEW FEMA FLOOD PLAIN (CONVEYED BY SEPERATE INSTRUMENT) NEW FEMA FLOOD PLAIN (CONVEYED BY SEPERATE INSTRUMENT) NEW FEMA FLOOD PLAIN (CONVEYED BY SEPERATE INSTRUMENT) PARCEL 1 88,996.66 SF 2.05 AC PARCEL 2 203,510.25 SF 4.67 AC WOOD CHIPPING AREA OWNER'S ADDRESS LEGEND COUNTY FACILITY: (EXISTING PUBLIC R/W) LINEAR LANE EASEMENT NOTES: SCENIC EASEMENT EXHIBIT FOR 20751 LINEAR LANE LAKE FOREST, CA VICINITY MAP 2603 Main Street, Suite 400Irvine, California 92614-4250 949.988.5815www.huitt-zollars.com GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY 20751 LINEAR LANE, LAKE FOREST, CA CARMALI CORPORATION 20845 CANADA LN SCHMAZE INDUSTRIES 20792 CANADA LN AMERICAN MINI STORAGE 20941 CANADA RD
AFAB PRECISION MACHINING 20742 LINEAR LN
INDUSTRIAL OFFICE WAREHOUSE 20732 LINEAR LN
HERCULES OEM GROUP 20762 CANADA LN X X X X
X

X X X X X X X X
X EXIST. 30' PRIVATE PROPERTY WITH INGRESS/EGRESS EASEMENT PARCEL 1 88,996.66 SF 2.05 AC PARCEL 2 203,510.25 SF 4.67 AC SERRANO CREEK EXIST. BARN TO REMAIN SEE SHEET 2 SEE SHEET 3

SERRANO CREEK

SERRANO CREEK
SERRANO PARCEL 2 203,510.25 SF 4.67 AC PARCEL 2 203,510.25 SF 4.67 AC EMPLOYEE PARKING (TYP.) TRUCK PARKING (TYP.) CREEK EXIST. SFD TO BE REMODELED CHIPPING AREA SERRANO CREEK TRAIL SERRANO CREEK TRAIL SERRANO CREEK TRAIL PROP. 30' OFFSITE EASEMENT FOR EMERGENCY ACCESS PURPOSES (TO THE CITY OF LAKE FOREST) PROP. 30' OFFSITE EASEMENT FOR EMERGENCY ACCESS PURPOSES (TO THE CITY OF LAKE FOREST) GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY 20751 LINEAR LANE, LAKE FOREST, CA 2603 Main Street, Suite 400Irvine, California 92614-4250 949.988.5815www.huitt-zollars.com OWNER' STATEMENT OWNER'S ADDRESS LEGEND FLOOD ZONE: EXISTING ZONING: GENERAL NOTES: BENCHMARK: BASIS OF BEARINGS: (EXISTING PUBLIC R/W) LINEAR LANE LEGAL DESCRIPTION: EASEMENT NOTES: TENTATIVE PARCEL MAP NO. 2023-169 FOR 20751 LINEAR LANE LAKE FOREST, CA PROJECT EARTHWORK VICINITY MAP FUEL MODIFICATION: HIGH FIRE HAZARD:

BARN (STORAGE) 20761 LINEAR LN 3,712 S.F.

CARMALI CORPORATION 20845 CANADA LN
AMERICAN MINI STORAGE 20941 CANADA RD

X X X X X X
X
X
X

X X X X X X X X X X X
X
X PARCEL 1 88,996.66 SF 2.05 AC PARCEL 2 203,510.25 SF 4.67 AC NEW FLOOD PLAIN EASEMENT EXIST. BARN TO REMAIN SERRANO CREEK SERRANO CREEK PARCEL 2 203,510.25 SF 4.67 AC TRUCK PARKING (TYP.) TRUCK PARKING (TYP.) UNDERGROUND FLOOD CONTROL STORAGE GALLERY GRAVEL ROAD & PARKING BIO-SWALE BIO-SWALE GRAVEL ROAD & PARKING B B

C B B A
A
B
B NEW FLOOD PLAIN EASEMENT EXIST. TRAIL EASEMENT BIO-SWALE NEW TRAIL EASEMENT NEW 15' WIDE INGRESS/EGRESS EASEMT BENEFITING PARCEL 2 OVER PARCEL 1 CHIPPING AREA SERRANO CREEK TRAIL SERRANO CREEK TRAIL TENTATIVE PARCEL MAP NO. 2023-169 FOR 20751 LINEAR LANE LAKE FOREST, CA PARCEL 1 DEFENITION GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY 20751 LINEAR LANE, LAKE FOREST, CA 2603 Main Street, Suite 400Irvine, California 92614-4250 949.988.5815www.huitt-zollars.com AFAB PRECISION MACHINING 20742 LINEAR LN
INDUSTRIAL OFFICE WAREHOUSE 20732 LINEAR LN
HERCULES OEM GROUP 20762 CANADA LN EXIST. 30' PRIVATE PROPERTY WITH INGRESS/EGRESS EASEMENT PARCEL 1 88,996.66 SF 2.05 AC SERRANO CREEK EXIST. BARN TO REMAIN SERRANO PARCEL 2 203,510.25 SF 4.67 AC PARCEL 1 88,996.66 SF 2.05 AC EMPLOYEE PARKING (TYP.) STORAGE STORAGE TRUCK PARKING (TYP.) TRUCK PARKING (TYP.) CREEK GRAVEL ROAD & PARKING BIO-SWALE BIO-SWALE GRAVEL ROAD & PARKING BERM ADA PARKING NEW DRIVEWAY EXIST. DRIVEWAY GRAVEL ROAD & PARKING BIO-SWALE B B C C
D
D B B
B
B NEW DW METER BERM NEW DRIVEWAY EXIST. SFD TO BE REMODELED NEW FLOOD PLAIN EASEMENT NEW TRAIL EASEMENT NEW TRAIL EASEMENT EXIST TRAIL EASEMENT EXIST. TRAIL EASEMENT NEW FLOOD PLAIN EASEMENT NEW TRAIL EASEMENT EASEMT FOR INGRESS/EGRESS PER INSTRUMENT 2022000382625, O.R. EXIST TRAIL EASEMENT NEW 26' WIDE INGRESS/EGRESS EASEMT BENIFITING PARCEL 2 OVER PARCEL 1 SERRANO CREEK TRAIL SERRANO CREEK TRAIL PROP. 30' OFFSITE EASEMENT FOR EMERGENCY ACCESS PURPOSES (TO THE CITY OF LAKE FOREST) TENTATIVE PARCEL MAP NO. 2023-169 FOR 20751 LINEAR LANE LAKE FOREST, CA PARCEL 1 DEFINITION GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY 20751 LINEAR LANE, LAKE FOREST, CA 2603 Main Street, Suite 400Irvine, California 92614-4250 949.988.5815www.huitt-zollars.com LEGAL DESCRIPTION: TITLE REPORT INFORMATION: NOTES TITLE REPORT INFORMATION: TENTATIVE PARCEL MAP NO. 2023-169 FOR 20751 LINEAR LANE LAKE FOREST, CA GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY 20751 LINEAR LANE, LAKE FOREST, CA 2603 Main Street, Suite 400Irvine, California 92614-4250 949.988.5815www.huitt-zollars.com

SERRANO CREEK

DIMENSION DRIVE

LINEAR LANE

INGRESS - EGRESS EASEMENT PORCH PLAZA
BARN (STORAGE) 20761 LINEAR LN 3,712 S.F.

INGRESS - EGRESS EASEMENT

SERRANO CREEK
SHOP (STORAGE) 400 S.F.

OFFICE 20751 LINEAR LN 2,360 S.F.

X X X X X X X
(E)
(E)
(E)
(E)
(E)
A
G
(R/R)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(R)
(N)
(N)
(N)
(N)
(N)
(R)
(R)
O
O
A
C
L
G
F
(N)
(N)
(N)
(N)
(E)
(N)
(N)
(N)
(R)
(R)
(R) (R)
O
O
A
C
L
G
F
(E)(E) (E)
(E)
(E)
(E)
(E) (E)
(E)
(E) (E) PROPOSED SITE PLAN PROPOSED SITE PLAN SOUTHERN LIVE OAK - PROPOSED EXISTING AVOCADO TREES - PROTECT-IN-PLACE EXISTING FRUIT TREES - PROTECT-IN-PLACE CALIFORNIA PEPPER - PROPOSED SYM. DESCRIPTION PLANT LEGEND EXISTING EUCALYPTUS TREES - PROTECT-IN-PLACE EXISTING REDWOOD TREE - PROTECT-IN-PLACE EXIST FICUS TREES - PROTECT-IN-PLACE NEW (N) (E) (N) (E) (E) (E) (E) L-1CHARLES TROWBRIDGE AND ASSOCIATES 17901 ROMELLE AVENUE SANTA ANA, CA. 92705 PH (714) 532-3663 FAX (714) 532-3667 [email protected] LANDSCAPE ARCHITECTURE LIC. # 2242 A EXISTING AVOCADO TREE - REMOVE AND RELOCATE (R) EXISTING CARROTWOOD TREE - REMOVE (R) EXISTING GRAPEFRUIT TREE - REMOVE AND RELOCATE (R) EXISTING LOQUAT TREE - REMOVE (R) EXISTING OAK TREES - REMOVE (R) CG L O EXISTING AVOCADO TREE - RELOCATE TO THIS LOCATION (R/R) EXISTING GRAPEFRUIT TREE - RELOCATE TO THIS LOCATION G (R/R) AF EXISTING FICUS TREE - REMOVE (R) TOTAL TREES RETAINED IN PLACE - 20 TOTAL TREES REMOVED - 5 TOTAL TREES REMOVED AND RELOCATED ON-SITE - 2 TOTAL TREES ADDED - 19 PARKING LOT AREA = 4,072 S.F. HARDSCAPE AREA = 54,409 S.F. HARDSCAPE SHADE REQUIRED = 10,882 S.F. HARDSCAPE SHADE PROVIDED = 11546 S.F. PARKING LOT SHADE REQUIRED = 2,036 S.F. PARKING LOT SHADE PROVIDED = 2,078 S.F. LANDSCAPE AREA = 26,581 S.F. LANDSCAPE SHADE REQUIRED = 5,516 S.F. LANDSCAPE SHADE PROVIDED = 11,982 S.F. EXISTING PALM TREE - REMOVE (E) TREE ADDITIONS & REMOVALS TREE SHADE CALCULATIONS TREE SYMBOL APPROX. TREE DIA. AT MATURITY / EXIST QNTY 9102214101111112 NOTED ABOVE NOTED ABOVE SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE

SERRANO CREEK

INGRESS - EGRESS EASEMENT PORCH PLAZA
BARN (STORAGE) 20761 LINEAR LN 3,712 S.F.

INGRESS - EGRESS EASEMENT
SHOP (STORAGE) 400 S.F.

OFFICE 20751 LINEAR LN
CARMALI CORPORATION 20845 CANADA LN
AMERICAN MINI STORAGE 20941 CANADA RD
HERCULES OEM GROUP 20762 CANADA LN X X X X X X X X X X
X
X
X
X

X X X X X X X X X X X X X X
(E)
(E)
(E)
(E)
(E)
A
G
(R/R)
(N)
(N)
(N)
(N)
(N)
(N)
(N)
(R)
(N)
(N)
(N)
(N)
(N)
C
L
G
(E)
(N)
(R)
(R)
C
L
GENLARGED SITE PLAN L-2 PROPOSED ENLARGED SITE PLAN SYM. DESCRIPTION NEW SYM. DESCRIPTION A EXISTING AVOCADO TREE REMOVE AND RELOCATE (R) EXIST. CARROTWOOD TREE REMOVE (R) EXIST. GRAPEFRUIT TREE - REMOVE AND RELOCATE (R) EXISTING LOQUAT TREE - REMOVE (R) CG LF EXIST. FICUS TREE - REMOVE (R) SYM. DESCRIPTION EXISTING OAK TREES - REMOVE O EXISTING AVOCADO TREE - RELOCATE TO THIS LOCATION EXISTING GRAPEFRUIT TREE - RELOCATE TO THIS LOCATION G A PLANT LEGEND SO. LIVE OAK - PROPOSED EXISTING AVOCADO TREES - PROTECT-IN-PLACE EXISTING FRUIT TREES - PROTECT-IN-PLACE CA.PEPPER - PROPOSED EXISTING EUCALYPTUS TREES PROTECT-IN-PLACE EXISTING REDWOOD TREE - PROTECT-IN-PLACE EXIST FICUS TREES - PROTECT-IN-PLACE (N) (E) (N) (E) (E) (E) (E) EXISTING PALM - REMOVE (E) 9102214101 / EXISTQNTY NEW 1 / EXISTQNTY 1111 (R) NEW 1 / EXISTQNTY SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE

LINEAR LANE

INGRESS - EGRESS EASEMENT PORCH PLAZA

SERRANO CREEK
SHOP (STORAGE) 400 S.F.

OFFICE 20751 LINEAR LN 2,360 S.F.

AFAB PRECISION MACHINING 20742 LINEAR LN
INDUSTRIAL OFFICE WAREHOUSE 20732 LINEAR LN
(R)
(R)
O
O
A
L
G
F
(N)
(N)
(N)
(N)
(E)
(N)
(N)
(N)
(R)
(R)
(R) (R)
O
O
A
L
G
F
(E)(E) (E)
(E)
(E)
(E)
(E) (E)
(E)
(E) (E) ENLARGED SITE PLAN L-3 PROPOSED ENLARGED SITE PLAN SOUTHERN LIVE OAK - PROPOSED EXISTING AVOCADO TREES - PROTECT-IN-PLACE EXISTING FRUIT TREES - PROTECT-IN-PLACE CALIFORNIA PEPPER - PROPOSED SYM. DESCRIPTION PLANT LEGEND EXISTING EUCALYPTUS TREES - PROTECT-IN-PLACE EXISTING REDWOOD TREE - PROTECT-IN-PLACE EXIST FICUS TREES - PROTECT-IN-PLACE NEW (N) (E) (N) (E) (E) (E) (E) A EXISTING AVOCADO TREE - REMOVE AND RELOCATE (R) EXISTING CARROTWOOD TREE - REMOVE (R) EXISTING GRAPEFRUIT TREE - REMOVE AND RELOCATE (R) EXISTING LOQUAT TREE - REMOVE (R) EXISTING OAK TREES - REMOVE (R) CG L O EXISTING AVOCADO TREE - RELOCATE TO THIS LOCATION (R/R) EXISTING GRAPEFRUIT TREE - RELOCATE TO THIS LOCATION G (R/R) AF EXISTING FICUS TREE - REMOVE (R) EXISTING PALM TREE - REMOVE (E) / EXIST QNTY 9102214101111112 NOTED ABOVE NOTED ABOVE SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE L-4 6'-0" OR LESS TREE
10'-O" NEW TREE
EXTEND 5' BEYOND

DRIPLINE FOR
EXISTING TREES CONCRETE WALK, BUILDING WALL, GARDEN WALL, CURB, OR OTHER HARDSCAPE FEATURE. 3" DEEPROOT LB 18-2 LINEAR ROOT BARRIER, 36" DEEP x 24" LONG SEGMENTS, INSTALLED PER MANUFACTURERS SPECS. NOTE: PLANT PIT WIDTH AND DEPTH AND BACKFILL PER AGRONOMIC SOILS LAB ANALYSIS AND RECOMMENDATIONS. C AB DEEP ROOT BARRIER 1.2. 3. 5. 6. 7. 8. 9. 10. 4. APPLY AND PAY FOR NECESSARY PERMITS AND FEES REQUIRED IN PURSUTE OF WORK AS REQUIRED BY GOVERNING CODES. PROTECT INSTALLED CONTRACT WORK AND WORK OF OTHERS. COORDINATE INSTALLATION OF PLANTING TO AVOID CONFLICTS WITH IRRIGATION WORK, UTILITIES OR ENGINEERING AND ARCHITECTURAL FEATURES. VERIFY REQUIRED SETBACKS FROM UTILITIES. THE PLANTING DESIGN AS INDICATED ON THE DRAWINGS IS DIAGRAMMATIC. SCALED DIMENTIONS ARE APPROXIMATE. BEFORE PROCEEDING WITH WORK, CHECK AND VERIFY SITE DIMENTIONS. DO NOT INSTALL PLANTING WHEN UNKNOWN OBSTRUCTIONS, GRADE DIFFERENCES OR DISCREPANCIES IN AREA DIMENSIONS EXIST. IMMEDIATELY BRING DISCREPANCIES TO THE ATTENTION OF THE OWNER'S REPRESENTATIVE, OF NOTIFICATION IS NOT PERFORMED, THE CONTRACTOR SHALL ASSUME RESPONSIBILITY FOR REVISIONS NECESSARY. LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND STAKING EXISTING SEWER AND UTILITY LINES ABOVE GRADE THAT MIGHT BE DAMAGED AS A RESULT OF PLANTING OPERATIONS. CONTRACTOR SHALL ASSUME SOLE RESPONSIBILITY FOR ANY COST INCURRED DUE TO DAMAGE AND FOR REPLACEMENT OF AFOREMENTIONED UTILITIES. LANDSCAPE CONTRACTOR SHALL COORDINATE PLANTING WITH OTHER SITE IMPROVEMENTS UNLESS SPECIFIED, STRUCTURAL IMPROVEMENTS SHALL BE INSTALLED PRIOR TO PLANTING OPERATIONS. LANDSCAPE CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS AND EQUIPMENT FOR THE INSTALLATION OF PLANT MATERIAL AS INDICATED ON THE DRAWINGS AND AS SPECIFIED HEREIN. LANDSCAPE CONTRACTOR SHALL HOLD A CURRENT BUSINESS LICENSE IN THE CITY OR COUNTY THAT HAS JURISDICTION OVER THE PROJECT. LANDSCAPE CONTRACTOR SHALL REVIEW ALL EXISTING SITE CONDITIONS PRIOR TO SUBMITTING HIS BID AND PRIOR TO STARTING CONSTRUCTION. IF ANY DISCREPANCIES EXIST THEY SHOULD BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT. 12. 11.KEEP PREMISES CLEAN AND FREE OF EXCESS EQUIPMENT, MATERIALS AND RUBBISH INCIDENTAL TO WORK DURING CONSTRUCTION AND MAINTENANCE PERIOD. BROOM CLEAN ALL PAVED AREAS. LOCAL, MUNICIPAL AND STATE LAWS, RULES AND REGULATIONS GOVERNING OR RELATING TO A PORTION OF THIS WORK ARE HEREBY MADE A PART OF THESE SPECIFICATIONS. * NOTE: INSTALL (2) 10' LONG LODGEPOLE PINE STAKES. REMOVE NURSERY STAKE IMMEDIATELY AFTER PLANTING.FERTILIZER TABLETS (SET 1/3 ROOTBALL DEPTH) TEMPORARY WATER BASIN TREE STAKE (REFER TO SPECS) 12" MIN. TREE SUMP PIT DEPTH VARIES SCARIFY SIDES AND BOTTOM OF PLANT PIT AMENDED BACKFILL NOTE: ROOTBALL (SET 1" HIGHER THAN FINISH GRADE) FINISH GRADE 3" MULCH LAYER PLASTIC TRUNK GUARD (TURF AREAS ONLY) CINCH-TIE TREE STABILING CONNECTION TREE 4" PERFORATED DRAIN LINE LOOP AROUND EACH TREE PIT AT BASE OF PIT WITH SOIL SEPARATOR FABRIC. NOTE: 12" DIA.,6'-0" DEEP DRY SUMP AT BOTTOM OF PLANT PIT WITH 4" STAND PIPE. BACK FILL DRY SUMP WITH WASHED 3/4" CRUSHED ROCK. NOTE: PLANT PIT WIDTH AND DEPTH AND BACKFILL PER AGRONOMIC SOILS LAB ANALYSIS AND RECOMMENDATIONS. * * FORM SAUCER WITH 3" CONTINUOUS RIM SPECIFIED PLANTING MIX. WATER & TAMP TO REMOVE AIR POCKETS 3" MULCH * PLANT SPACING AS PER PLAN 3" MULCH INSTALLED BEFORE PLANTING PREPARE BED AS PER WRITTEN SPECIFICATION 13. 16. 15. 14. 20. 19. 18. 17. INSTALL DEEP ROOT BARIER ON ALL TREES WITHIN 6' OF ANY HARDSCAPE PER DETAIL - THIS SHEET. INSTALL 3" LAYER, MEDIUM GRIND, BARK MULCH IN ALL PLANTING AREAS. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING AND OR PROVIDING POSITIVE DRAINAGE IN ALL NON-HARDSCAPE PLANTING AREAS. LANDSCAPE CONTRACTOR TO VERIFY SIZES AND QUANTITIES BY PLAN CHECK. THE LANDSCAPE CONTRACTOR SHALL INSTALL PLANT MATERIAL IN ACCORDANCE WITH DETAILS, DRAWINGS AND SPECIFICATIONS. SAMPLES OF FERTILIZER , SOIL CONDITIONERS, SEED, OR OTHER MATERIAL SHALL BE SUBMITTED TO OWNER FORTY-EIGHT (48) HOURS PRIOR TO INCORPORATION IN THE WORK. LANDSCAPE CONTRACTOR SHALL PROVIDE THE OWNER AND LANDSCAPE ARCHITECT WITH A COPY OF A HORTICULTURAL SUITABILITY SOIL TEST WITH RECOMMENDATIONS FROM SOIL AND PLANT LAB IN ORANGE COUNTY, CA. A MINIMUM OF 15 SAMPLES SHALL BE PROCURED BY SOIL AND PLANT LAB TAKEN FROM WITHIN THE LIMITS OF WORK NOTE ALL FINISH GRADES BEFORE COMMENCING WORK. LANDSCAPE CONTRACTOR TO RECEIVE SITE GRADED TO ±0.10 UNLESS NOTED DIFFERENTLY ON THE PLANS. RESTORE FINISH GRADES CHANGED DURING COURSE OF THIS WORK TO ORIGINAL OR INTENDED CONTOURS WHERE PRACTICAL. 23. 25.SOIL AT VINE POCKETS SHALL BE EXCAVATED TO A MINIMUM DEPTH OF 24" AND WIDTH OF 3' SQUARE. PRIOR TO PAVING. BACKFILL VINE PITS WITH AMENDED SOIL PER SOILS ANALYSIS RECOMMENDATIONS. INSTALL VINE AT APPROPRIATE ELEVATION PRIOR TO PAVING AS REQUIRED. 26.REMOVE STAKES AND TRELLIS FROM ALL VINES AND SECURE TO WALLS WITH PLASTIC TABS AND TIES AND / OR MASONRY NAILS. PLANT MATERIAL IN OR NEAR PAVING AND WALLS MAY BE REQUIRED TO BE PLANTED PRIOR TO CONSTRUCTION. ALL SPECIMENS (24" BOX AND OVER) SHALL BE SELECTED IN THE FIELD BY LANDSCAPE ARCHITECT. FINAL LOCATIONS ON SITE SHALL BE APPROVED BY LANDSCAPE ARCHITECET PRIOR TO PLANTING. PLANT LIST SHALL BE USED AS A GUIDELINE ONLY: LANDSCAPE CONTRACTOR TO VERIFY SIZES AND QUANTITIES BY PLAN CHECK. THE LANDSCAPE CONTRACTOR SHALL INSTALL PLANT MATERIAL IN ACCORDANCE WITH DETAILS, DRAWINGS AND SPECIFICATIONS. 21. 22. 24. TREE PLANTING - STAKED GROUNDCOVER PLANTING D SHRUB PLANTING E GENERAL PLANTING NOTES WATER EFFICIENT LANDSCAPE WRKSHT G PLANT LEGEND F This worksheet is filled out by the project applicant and it is a required item of the Landscape Document Package. Reference Evapotranspiration (ETo) :a Regular Landscape Area Landscape Area Sector Type [ ] Residential (select one): [X] Non-Residential Water Efficient Landscape Worksheet Hydrozone # / Planting Description Location Plant Factor (PF) Irrigation Method Irrigation Efficiency (IE) ETAF (PF/IE) Landscape Area (sq. ft.) ETAF X Area Estimated Total Water Use (ETWU) b c d Special Landscape Area (SLA): 34567891011 c 49.20 in / yr Site wide ETAF ETWU Total Maximum Allowed Water Allowance (MAWA) Total Landscape Areaf Average Total Total Not In Compliance Average ETAF for Regular Landscape Areas (circle one) e In Compliance (A) (B) (C) (D) SLA-1 1111 SLA-2 SLA-3 SLA-4 380,401 0.252 380,401 396,187.75 12 D.T. Accent Lndscp Trees Shrubs/G.C. Trees 0.20 0.20 Drip Bubbler 0.81 0.77 0.25 0.26 7,252 975 1,813 253.50 56,203 7,858.50 0.252 19,093 4,783 148,273 ETAF Calculations Regular Landscape Areas Total ETAF x Area Total Area Average ETAF 19,093 0.252 All Landscape Areas Total ETAF x Area Total Area Sitewide ETAF Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for non-residential areas. 4,783 **All Hydrozones are Low Water Use** Bio Retention 7,488 7,488 232,128 Dec. D.T. Lndscp Shrubs/G.C. 0.20 Drip 0.81 0.25 6,582 1,645.50 51,010.50 Native Lndscp Shrubs/G.C. 0.20 Drip 0.81 0.25 4,284 1,071 33,201 0.252 19,093 4,783 26,581 0.252 12,271 7,488 7,488 232,128 SOUTHERN LIVE OAK - PROPOSED EXISTING AVOCADO TREES - PROTECT-IN-PLACE EXISTING FRUIT TREES - PROTECT-IN-PLACE CALIFORNIA PEPPER - PROPOSED SYM. DESCRIPTION PLANT LEGEND EXISTING EUCALYPTUS TREES - PROTECT-IN-PLACE EXISTING REDWOOD TREE - PROTECT-IN-PLACE EXIST FICUS TREES - PROTECT-IN-PLACE NEW (N) (E) (N) (E) (E) (E) (E) A EXISTING AVOCADO TREE - REMOVE AND RELOCATE (R) EXISTING CARROTWOOD TREE - REMOVE (R) EXISTING GRAPEFRUIT TREE - REMOVE AND RELOCATE (R) EXISTING LOQUAT TREE - REMOVE (R) EXISTING OAK TREES - REMOVE (R) CG L O EXISTING AVOCADO TREE - RELOCATE TO THIS LOCATION (R/R) EXISTING GRAPEFRUIT TREE - RELOCATE TO THIS LOCATION G (R/R) AF EXISTING FICUS TREE - REMOVE (R) EXISTING PALM TREE - REMOVE (E) / EXIST QNTY 9102214101111112 NOTED ABOVE NOTED ABOVE POTENTIAL SHRUB & GROUNDCOVER PALETTE ACHILLEA SPECIES, AGAVE SPECIES, ARBUTUS UNEDO, BACCHARIS SPECIES, BOUGAINVILLEA SPECIES, CALLISTEMON 'LITTLE JOHN', CAREX SPECIES, DIANELLA SPECIES, ELEAGNUS PUNGENS, HESPERALOE PARVIFOLIA, HETEROMELES ARBUTUS, JUNCUS SPECIES, LANTANA SPECIES, LAVANDULA SPECIES, LEUCOPHYLLUM SPECIES, LOMANDRA SPECIES, MUHLENBERGIA SPECIES, MYOPORUM PARVIFOLIUM, OLEA 'LITTLE OLLIE', SALVIA SPECIES, SENECIO SPECIES DETAILS, NOTES & LEGEND CHARLES TROWBRIDGE AND ASSOCIATES 17901 ROMELLE AVENUE SANTA ANA, CA. 92705 PH (714) 532-3663 FAX (714) 532-3667 [email protected] LANDSCAPE ARCHITECTURE LIC. # 2242 SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20751 & 20761 LINEAR LN LAKE FOREST, CA 92630 SHEET TITLE

X X
X
X

X SERRANO CREEK

DIMENSION DRIVE

LINEAR LANE

PRIVATE
DRIVE
OFFICE
SHOP
PORCH
PLAZA

STORAGE

PRIVATE
DRIVE

SERRANO CREEK
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X PROPOSED SITE PLAN SHEET STAMP GREAT SCOTT TREE CARE T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 0 C O S T A M E S A C A 9 2 6 2 6 BUNDY -F INKEL Architects 20795 LINEAR LANE LAKE FOREST, CA 92630 SHEET TITLE A1.1 October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 1 Great Scott Tree Care - South Orange County
Project Description
10-02-23

1.0 Project Location and Setting
The proposed Great Scott Tree Care - South Orange County Facility project (herein referred to as the “Project” or “GSTC-SOC”), is in the City of Lake Forest, County of Orange. The Project site is comprised of approximately 6.72 acres located at 20865 and 20795 Cañada Road, west of Linear Lane, north of Cañada Road, and south of Serrano Creek; refer to Exhibit 1-1 Project Site.

Regional access to the site is provided via the Foothill Transportation Corridor (SR-241) located approximately 0.5-mile to the northeast and the Santa Ana Freeway (I-5) Freeway located approximately

3.45 miles to the southwest of the Project site. Local access to the site is provided from Cañada Road and Linear Lane, which connects to Dimension Drive, which in turn intersects Lake Forest Drive to the southeast and Bake Parkway to the northwest.

2.0 Existing Land Use
The approximately 6.71-acre Project site is comprised of three parcels (APNs 610-301-07, -20, and - 21) containing a single-family residence, previously operated as an office use, with detached garage, a barn which is used for storage, and four metal storage sea containers. Open dirt areas within the site are used for temporary vehicle parking and storage of miscellaneous debris from recently permitted demolition of miscellaneous agrarian structures. Serrano Creek forms the Project site’s northern boundary.

There are several trees, an orchard, and chapparal distributed predominantly along Serrano Creek. The Project site is currently accessed from a driveway at the south end of Linear Lane and a circuitous path through the adjacent industrial/business park.

2.1 General Plan and Zoning
According to the Lake Forest 2040 General Plan Land Use Map (Lake Forest 2040 Land Use Element Figure LU-1), the Project site is designated Regional Park/Open Space; refer to Exhibit 1-2, Existing General Plan Land Use. The Regional Park/Open Space designation provides for public recreational uses designed to meet the active and passive recreational needs of the community and other nearby areas in the region.

This designation includes the Whiting Ranch Regional Wilderness Park and other County of Orange open space along portions of Serrano Creek and Aliso Creek. This designation applies to land that is generally maintained as natural open space with minimal improvements.

The City of Lake Forest Zoning Map identifies the zoning for the site as M-1 (Light Industrial) with a Planned Development Overlay and A-1 (General Agriculture); refer to Table 1-1, Existing General Plan Land Use and Zoning and Exhibit 1-3, Existing Zoning.

The A-1 district provides for agriculture, outdoor recreational uses, and those low-intensity uses which have a predominately open space character. The M-1 district provides for the development and maintenance of light industrial uses and industry-supporting activities, and other uses that are compatible with light industrial / business uses. Currently, the General Plan land use designation and zoning for the property are inconsistent.

October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 2 Exhibit 1-1a Project Site
Exhibit 1-1b Project Development Area
October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 3 Exhibit 1-2 Existing General Plan Land Use
Project Site
Table 1-1 Existing General Plan Land Use and Zoning
Assessor Parcel
Number (APN) Acreage General Plan Land Use Zoning
610-301-07 5.55 Regional Park/Open Space
M-1 (Light Industrial) with
a Planned Development
Overlay
610-301-20 0.82 Regional Park/Open Space A-1 (General Agriculture) 610-301-21 0.34 Regional Park/Open Space A-1 (General Agriculture) October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 4 Exhibit 1-3 Existing Zoning Map
LEGEND
Project Site Project Site
October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 5

3.0 Surrounding Land Uses
The Project site is surrounded by a mix of industrial, open space, and commercial land uses as noted in the following table.

Table 1-2 Surrounding General Plan Land Use and Zoning
Existing Land Use General Plan Designation Zoning Designation North Industrial and Service
Commercial Uses
Planned Development
Overlay M-1 (Light Industrial)
East Industrial and Service
Commercial Uses
Planned Development
Overlay M-1 (Light Industrial)
South Industrial and Service
Commercial Uses
Planned Development
Overlay M-1 (Light Industrial)
West
Commercial and Mini
Storage, Single-Family
Residence
Planned Development
Overlay
A-1 (Agriculture) and R-2
(Multifamily Dwelling)

4.0 Proposed Project
The Project proposes a Use Permit for a contractor storage yard in compliance with the City of Lake Forest Zoning Code. As shown in Figure 1-4 Project Site Plan, the Project will rehabilitate one existing single-family residence as an office for the GSTC-SOC administrative functions and complete other site improvements including creation of parking spaces for vehicles and equipment, new access from Linear Lane, installation of fencing, and landscaping.

The site will include parking zones dedicated to the tree service vehicles, (referred to as “Tree Trucks”) and miscellaneous tree care equipment. Although wood chipping is currently not planned, it is desired in the future and necessitates the installation of concrete “backstops” to facilitate the maneuvering of materials by tractor loaders during the chipping laydown and drying process. The operational configuration and flow of Tree Truck locations for chipping are anticipated to evolve for increased efficiency over time.

Additional considerations regarding the strategy, approach, and location for wood chipping to be determined. GSTC wishes to secure approval for such chipping activities during this Use Permit process with the understanding that future building permits will be required.

Most of the parking areas will be permeable gravel surfaces to encourage percolation into the soil rather than runoff that would require substantial water quality measures. Table 1-3, Project Parking below describes the number of proposed Tree Truck and vehicle parking spaces for the Project.

Table1-3 Project Parking
Vehicle/Use Square
Footage
Required
Parking
Provided
Parking
Parking Space
Dimensions
Office 2,187 9 9 9’x19’
Truck N/A N/A 5 35’x11’
Truck N/A N/A 20 45’x13’
The proposed structures on the Project site associated with the parking of the GSTC-SOC vehicles include a 400 square-foot shop, a 2,187 square-foot office for administrative purposes, and an existing 3,712 square-foot storage building to remain. In addition, four 8’ x 20’ metal sea containers remain in use to house GSTC tools and equipment. It is anticipated that modular / portable office and restrooms may be required during upcoming construction scope envisioned by this Application.

October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 6 Serrano Creek sits adjacent to the Project site to the north and west. Serrano Creek is within the existing floodplain; however, no construction will occur within the Creek's floodplain as part of the Project except for the repair of an existing storm drain line that supports the existing industrial buildings to the south. There is evidence that the storm drain line has corroded creating a small sink hole. The Project includes the construction of bioswales adjacent to the Serrano Creek to treat stormwater before draining to the creek. The civil engineer’s plans for a subterranean detention structure require a minimal up-size to a portion of the existing storm drain line and GSTC anticipates simultaneous resolution of the repair in support of the existing storm drain line. This will significantly improve the creek’s water quality because the Project currently drains to the creek without treatment.

Exhibit 1-4 Project Site Plan

4.1 Scenic Easement
The scenic easement (see Exhibit 1-5) serves to restrict alterations by the underlying fee owner of the natural scenic and/or manufactured landform through grading operations; structural development; storage and/or placement of fill material, equipment, and/or building materials; and removal of or damage to vegetation (native and/or exotic), rock outcroppings, etc. According to the scenic easement restrictions, development within the scenic easement areas must be restricted to 15 percent of the easement area encumbering any individual lot and may include open fencing which does not constitute a visual barrier or wall impeding wildlife circulation, necessary flood control works and regional riding and hiking trails. Residential development of any form is prohibited within scenic easements.

The scenic preservation easement is approximately 203,945 square feet (SF) (4.6 acres), as shown on the Tentative Parcel Map No. 2023-169 (Parcel 2, and a portion of Parcel 1 – Note 54). The proposed tentative parcel map would create two parcels with Parcel 2 encompassing the project disturbance area. The total October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 7 maximum disturbed area is expected to be 86,781 SF (as shown in blue on Exhibit 1-6), while the total disturbed area within the scenic easement will be approximately 30,592 SF, which is 15 percent of the scenic easement area. Therefore, the Project is compliant with the scenic preservation easement provisions. GSTC is in the process of obtaining approval from Orange County Parks to encroach within the easement and has submitted documents and the required application. See Exhibit 1-6.

Exhibit 1-5 Scenic Easement
Scenic Easement Area
See Table 1-1 for
APN info
October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 8 Exhibit 1-6 Project Development Area Compared with Scenic Easement Project Development Area
October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 9

4.2 Address Change
GSTC-SOC has applied to modify the address to 20795 Linear Lane for multiple reasons. This change is mainly driven by the fact that Google Maps currently guides people to the site via Cañada Road. However, this route is not preferred as it goes through the adjacent business park. Additionally, there are weight restrictions for trucks heading north on Cañada Road.

4.3 Circulation
Three access points are proposed on Linear Lane, two of which are existing (labeled access points B and C on Figure 1-4; access point A on the north side of the site is a new access point). A fourth access point exists via the private drive on the southeasterly side of the site.

Access point A will be restricted to ingress access only by passenger cars. It is assumed staff will utilize this access point to enter the Project site.

Access point B will be restricted to Tree Trucks and will be utilized by Tree Trucks to enter to the Project site.

Access point C will be utilized for emergency vehicle ingress and egress but is restricted to egress for all other site operations. It is assumed this access point will be utilized by staff and Tree Truck to exit the Project site. GSTC-OC has a reciprocal access agreement with adjacent property owners for the private drive on the easterly side of the Project site south of Linear Lane, which provides access to Gate C shown in Figure 1-

4. 4.4 Landscaping and Fencing
Landscaping, criblock walls, and fencing are proposed within and around the Project site to create a more aesthetically pleasing view of the Project site from the existing Serrano Creek Nature Trail to the north. A 10-foot landscape buffer and 8-foot-high fencing would be installed along Linear Lane. Operable gates would be provided at all driveways. An 8-foot-high steel tube gate would be provided at the entrance to the western portion of the private drive with fire department-approved Knox Boxes provided for both gates at both ends of the private drive. Landscaped planters adjacent to the office building and extending from Linear Lane, and adjacent to the automobile parking area to a portion of the office’s frontage, will be provided.

The fruit orchard west of the storage building will remain. New trees would be introduced at the west portion of the site, and north of the storage building to protect views to and from the site.

5.0 Infrastructure

5.1 Stormwater Treatment
Stormwater treatment will occur in new vegetated bioswales on the northern portion of the site adjacent to Serrano Creek. A subterranean detention structure will be constructed at the western portion of the project development area. As described above, the majority of the Project site will utilize permeable gravel for parking and storage areas to minimize stormwater runoff.

5.2 Utilities
Gas, water, and sewer service will be provided to the Project site via connection to existing facilities. A new domestic water meter is planned for the bulb end of Linear Lane for servicing the new office with domestic water needs. A new fire hydrant is planned for the middle of the 30’ private drive to allow for better hose pull coverage of the new office and existing storage building. Also, there is an existing historic well located east of the storage building with plans for reactivation. A new sewer water service is planned to connect to IRWD’s 15” sewer main at an existing manhole located within the 30’ private drive. Two existing buildings are served by two separate existing overhead power lines and GSTC is studying what the preferred future configuration may be.

October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 10 The Project also plans to repair an existing 18” CMP pipe as shown on the Civil Improvement Plans. The current 18” CMP was installed in the early 1980’s and has deteriorated and collapsed. The pipe serves as the adjacent business park’s outlet for drainage into Serrano Creek. Since the pipe serves as an existing outlet for the adjacent industrial park, the Project proposes to replace the deteriorated portion of pipe, and continue to utilize the pipe for drainage.

6.0 Construction and Phasing
Construction of the proposed Project would occur in one phase over approximately 4 months. The construction will begin with Demolition/Site Preparation including clearing of all unnecessary debris and brush. Grading of the site will follow with an estimated 2 months to complete. Concurrent with grading, necessary underground utilities will be constructed. Once rough grading and utilities has been completed, the site will begin with the precise grading, paving, and renovation of the office building.

To achieve GSTC’s goal of operations beginning in Q2 2024, the applicant plans to submit construction documents to the Building & Safety Department concurrent with Use Permit/Planning review.

7.0 Operational Statement

7.1 Business Overview
GSTC was founded in 1976 and specializes in the long-term care of trees on properties owned by municipalities, commercial associations and HOAs. In addition, GSTC-SOC offers 24 Hour Emergency service.

They have Certified Arborists and Tree Workers certified by the International Society of Arborists (ISA).

GSTC-SOC provides services to areas of south Los Angeles County, as well as the entirety of Orange County.

More specifically, GSTC-SOC provides tree maintenance services to the majority of the HOAs in the city of Lake Forest and also maintains trees on various properties owned by the City.

7.2 Business Operations
GSTC-SOC provides services related to tree maintenance, tree management, as well as arborist services.

Tree maintenance services are performed to the standards set forth by the American National Standard Institute (ANSI), which are a set of standards commonly used in the arboriculture industry. Services include crown cleaning, crown raising, crown thinning, crown reduction, restoration pruning, and palm pruning. Crown services include selective tree pruning to clean, raise, thin or reduce tree crowns to a desired shape and size.

In addition, services such as restoration and palm pruning are performed to preserve damaged trees to a healthy state.

Additional services related to tree management include multi-year tree plans, bulk inventory services, seasonal trimming plans, and GPS/GIS services. In addition, GSTC-SOC staff includes a team of Certified Arborists and Tree Workers that are qualified to perform tree removals, as well as arborist services such as PSHB inspections, pest inspections, and disease inspections to further improve the health of local trees.

As mentioned above, GSTC wishes to secure approval for wood chipping activities during this Use Permit process as such the Project will be analyzed to assume wood chipping within the business operations.

8.0 Discretionary Actions Requested
The Project will require a General Plan Amendment (GPA), Zone Change, Development Agreement, Use Permit (UP), and Tentative Parcel Map for the proposed uses on the Project site.

8.1 General Plan Amendment, Zone Change, and Development Agreement As previously stated, the Project Site is designated Regional Park/Open Space on the City's General Plan and is classified as General Agriculture (A- 1) and Light Industrial (M-1) on the City's Zoning Map. The current October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 11 land use designation and zoning classification are inconsistent. To implement the proposed Project, the Project would require approval of a GPA to change the General Plan land use designation of the property to Urban Industrial-25 and Open Space, which would be consistent with proposed and surrounding land uses.

In addition, a zone change would also be required to establish the entire Project site's zoning designation as Urban Industrial-25 and Agriculture A1. The proposed land use designation and zoning classification would ensure consistency between the City General Plan and Municipal Code concerning land use on the Project site. Furthermore, the City also requires a Development Agreement pursuant to the City's Municipal Code Section 9.194 due to the requirement of a General Plan Amendment.

8.2 Parcel Map
The Project Applicant is requesting the approval of Tentative Parcel Map No. 2023-169 which has been prepared by Huitt-Zollars, to create two parcels, one for the GTSC-SOC operations and one for the open space preservation area (see Table 1-4 Tentative Parcel Map Existing and Proposed Parcels). The parcel map has been prepared in accordance with the Subdivision Map Act and City standards. In addition, the Parcel Map will conform with the Zoning Code and the Municipal Code, per Section 7.22 of the Municipal Code.

Table 1-4 Tentative Parcel Map Existing and Proposed Parcels

8.3 Use Permit
The Project Applicant is requesting the approval of a Use Permit to allow for the proposed land use of contractor storage yard, which is permitted with the approval of a Use Permit in the Urban Industrial 25 zone. Ministerial permits/approvals (e.g., grading permits and building permits) would be issued by the City or other appropriate agencies to allow Project site preparation, curb cuts (as depicted on Architect’s plans), and connections to the utility infrastructure, dwelling units, paving, landscaping, walls and fences, and other Project features subject to ministerial permit. After the Project receives its first round of comments from the City’s Planning Department for the Use Permit, the Project will update plans with necessary revisions as requested. As noted in Section 6.0, the Applicant plans to also submit to the Building & Safety Department for concurrent processing after the revisions have been applied to the overall plan set. The Applicant understands they will be submitting at risk pending Use Permit approval and will process any paperwork required by the City for such concurrent review.

October 2, 2023
Great Scott Tree Care – SOC Project Description P a g e | 12

8.3 CEQA
Previously, a Mitigated Negative Declaration (MND) was prepared by DeNovo Planning for the Project.

Several of the technical studies that support the MND have been refreshed to capture the current codes and standards and the revised Project varies minimally from the previously analyzed Project. As such, the Trip Generation, Noise, CalEEMod and preliminary Geotechnical Evaluation reports and memorandums are included with the updated Use Permit submittal package. The updated Jurisdictional Delineation will follow the submittal. Since the Project scope has not been modified significantly, an errata to the prior MND will be prepared. The MND and errata will need to be recommended by the Planning Commission and certified by the City Council as part of the above-mentioned discretionary actions.

Urban Planning ■ Due Diligence ■ Entitlements ■ CEQA/NEPA ■ Development Services ■ Management ■ Public Outreach 3333 Michelson Drive, Suite 500 ■ Irvine, Calif. 92612
949.794.1180 ■ [email protected]
Date: September 14, 2023
Prepared by: Maryam Javanmardi
To: City of Lake Forest
Site: Great Scott Tree Service Lake Forest Facility
Subject: Project Trip Generation
Project Location
This memorandum provides a preliminary estimate of the potential vehicle trips that would be generated by the proposed Great Scott Tree Service Facility and a vehicle mile traveled (VMT) screening analysis. The project site, including 6.72 acres, is located within the City of Lake Forest, west of Linear Lane, north of Canada Street and bordered by Serrano Creek to the west. The project is bordered by industrial buildings on the east. The site includes the parcels numbered 610-301-07, 610-301-20, and 610-301-2.

Project Description
The Project proposes to rehabilitate one existing single-family residence as an office for the GSTC-SOC administrative functions alongside the removal of a second residence converted for office use which has taken place subsequent to the receipt of a demolition permit from the City of Lake Forest. Furthermore, the undertaking encompasses the establishment of parking zones dedicated to the tree service vehicles, referred to as “Tree Trucks” and equipment. Although wood chipping is currently not planned, it is desired in the future as it necessitates the installation of robust concrete “backstops” to facilitate the maneuvering of tractor loaders during chipping. The operational configuration and flow of Tree Truck locations for chipping are anticipated to evolve for heightened efficiency over time. Additional considerations regarding the strategy, approach, and location for wood chipping are pending discussion in relation to the use permit. According to the site plan, the site would have a total of 26 truck parking, eight (8) office employee parking (located adjacent to Linear Lane), one (1) EV (Electric Vehicle) parking, and one (1) ADA parking. The project site plan is shown in Figure 1.

Employee Workforce Specifications
The estimate of project trip generation is based on the anticipated operation of the site provided by GSTS-SOC. Based on a conservative assumption, the project would have approximately 52 employees broken down as follows:
- Nine (9) Staff members (including supervisors, administrative and maintenance staff) - 43 Field Employees
Job-Specific Arrival/Departure Patterns
Field employees would arrive at the project site in their personal vehicle (or by carpool) and would then travel to the daily work site in a field equipment vehicle. Similarly, Supervisors would arrive at the project site in their personal vehicle to pick up a work truck and then depart to the work site. The remaining employees would remain at the project site. According to GSTS-SOC, many of their current field employees carpool resulting in a vehicle occupancy of approximately 1.5 persons per vehicle.

Great Scott Tree Service Lake Forest Facility
Trip Generation Analysis
2 Presented below is the Arrival/Departure Time Pattern breakdown, which is specific to the job and has been provided by the GSTS-SOC:

Morning Operations
• At 6 AM, four (4) GSTC-SOC Supervisors will arrive in GSTC-SOC passenger trucks and park them in a designated section of the eight (8) stalls adjacent to Linear Lane. • The Supervisors will disperse by 7 AM, making the stalls adjacent to Linear Lane available for other use.
• Starting at 6 AM, a maximum of 43 Crew members will arrive, receive work instructions, load trucks, and then clear the stalls for their personal vehicles.
• The objective is for the crews to depart for job sites by 6:30 AM. • At 8 AM, approximately four Administrative Staff members will arrive and park in the Linear Lane stalls.

Afternoon Operations
Around 3 PM, Supervisors may return to stalls adjacent to Linear Lane, potentially sharing stalls with Administrative Staff members.
• Typically, the Supervisors depart by 4 PM.
• At 5 PM, the Administrative Staff members usually depart, leaving the Tree Trucks parked overnight on the premises.

At 3PM, field employees return from job sites and depart the facility by 3:30pm The lot will maintain 24-hour operations to respond to emergency situations such as storms and administrative operations including weekends.

Parking
The 43 field employees park their personal vehicles in the same spot where their large work trucks are parked overnight. Based on the site plan, each truck parking spot can accommodate approximately two passenger cars. Regarding parking dimensions, truck stalls measure 13'x45', standard stalls adjacent to Linear Lane measure 9'x19', tree truck stalls measure 11’x35’, ADA accessible stalls measure 9'x18’, and EV stalls measure 12'x18'.

Based on the information provided by GSTS-SOC, here is parking breakdown for the project:
• Boom Trucks: 10 spaces
• Boom/Dump Trucks: 9 spaces
• Dump Trucks: 2 spaces
• Tree Truck: 5
These stalls are flexible in quantity and position for efficiency and are distinctly marked with railroad ties.

Circulation
Based on the information provided by GSTS-SOC, here's an overview of the gates designated for the project:
• Gate A on Private Drive/Linear Lane: This gate is utilized by Staff to enter to the project site.

Great Scott Tree Service Lake Forest Facility
Trip Generation Analysis
3 • Gate B on Private Drive/Linear Lane: This gate is utilized by tree trucks to enter to the project site. • Gate C: on Private Drive/Linear Lane: This gate is utilized by fire trucks, which both enter and exit through this gate. This gate is also utilized by staff and tree truck to exist the project site.

The flow from Gate A and Gate B to Gate C is guided by a one-way road originating from Linear Lane and leading into designated angled parking spots.

Project trip generation
The project trip generation is shown in Table 1. The analysis utilizes peak commute period from 7-9 AM and 4-6 PM. For the purpose of this analysis, AM peak hour is assumed from 7-8 AM and the PM peak hour is assumed from 5-6 PM. Table 1 shows the trip generation by employee type: five (5) office employees, four (4) supervisors, and 43 field employees.

The Trip Generation was analyzed by the following assumptions listed below:
• Office Employees: During the AM peak hour, five (5) office employees enter the site, and no office employees leave the project site, resulting in a total of five (5) trips during the AM peak hour. During the PM peak hour, no office employees enter the site, and five (5) office employees leave the project site, resulting in a total of five (5) trips during the PM peak hour. The total number of daily trips as a result of the operations summary provided previously for office employees is ten (10) trips. • Supervisors: During the AM peak hour, no supervisors enter the site, and four (4) supervisors leave the project site, resulting in a total of four (4) trips during the AM peak hour. During the PM peak hour, there are no supervisor entries or exits at the project site, resulting in a total of zero (0) trips during this period. The total number of daily trips as a result of the operations summary provided previously for supervisors is 16 trips.
• Field Workers: During the AM and PM peak hours, there are no field workers entries or exits at the project site, resulting in a total of zero (0) trips during these periods. The total number of daily trips as a result of the operations summary provided previously for field workers is 58 trips.

Summarizing the passenger trips for the project, there are 84 daily trips, with nine (9) trips during the AM peak hour and five (5) trips during the PM peak hour. Additionally, trips generated by field equipment (Tree Truck) are 58 daily trips, but none of these occur during either the AM or PM peak hours. In total, this project generates 142 daily trips (including 84 daily passenger trips) with nine (9) trips in AM peak hours and five (5) trips in PM peak hours.

Great Scott Tree Service Lake Forest Facility
Trip Generation Analysis
4 Vehicle Miles Traveled
Background
Senate Bill (SB) 743 was signed by Governor Brown in 2013 and required the Governor’s Office of Planning and Research (OPR) to amend the CEQA Guidelines to provide an alternative to LOS for evaluating Transportation impacts. SB743 specified that the new criteria should promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks and a diversity of land uses. The bill also specified that delay-based level of service could no longer be considered an indicator of a significant impact on the environment. In response, Section 15064.3 was added to the CEQA Guidelines beginning January 1, 2019. Section 15064.3 - Determining the Significance of Transportation Impacts states that Vehicle Miles Traveled (VMT) is the most appropriate measure of transportation impacts and provides lead agencies with the discretion to choose the most appropriate methodology and thresholds for evaluating VMT.

Section 15064.3(c) states that the provisions of the section shall apply statewide beginning on July 1, 2020.

VMT Screening Analysis
The City of Lake Forest has adopted VMT thresholds and guidelines that provide methodology and impact thresholds for projects that would require a vehicle mile traveled (VMT) analysis. The City of Lake Forest Transportation Analysis Guidelines (July 21, 2020) provide criteria for projects that would be considered to have a less-than significant impact on VMT and therefore could be screened out for further analysis. If a project meets one of the following criteria, then the VMT impact of the project is considered less-than significant and no further analysis of VMT would be required:
- The project serves the local community and thereby has the potential to reduce VMT. - The project generates less than 110 daily vehicle trips. - The project is located within a Transit Priority area. - The project is located in a low VMT generating area.

The project would not be considered a local-serving use, as defined in the guidelines. The project is also not located in either a Transit Priority Area or a low VMT generating area.

The City’s Guidelines discuss the type of VMT that should be evaluated for various types of projects. Per the guidelines, VMT is defined as “the amount and distance of automobile travel attributable to a project. The term “automobile” refers to on-road passenger vehicles, specifically cars and light trucks”. This is consistent with CEQA Guidelines Section 15064.3(a) which states “For the purpose of this section, “vehicle miles traveled” refers to the amount and distance of automobile travel attributable to a project”. Based on both of these guidance documents, truck trips are not included in the VMT analysis.

To determine if the project’s trip generation would exceed the 110 daily vehicle trips screening threshold, the passenger vehicle trip generation was utilized. This approach is consistent with both the County and CEQA Guidelines. As shown in Table 1, the project would generate 84 daily passenger vehicle trips. Because the project would generate fewer than 110 daily passenger vehicle trips, the project is presumed to have a less than significant impact on VMT and would not require further VMT analysis.

If you have any questions on this information, please contact me at [email protected] or at (408) 893-0402.

Urban Planning ■ Due Diligence ■ Entitlements ■ CEQA/NEPA ■ Development Services ■ Management ■ Public Outreach 3333 Michelson Drive, Suite 500 ■ Irvine, Calif. 92612
949.794.1180 ■ [email protected]
Figure 1: Project Site Plan
Per architectural site plan dated 8/30/2023
Urban Planning ■ Due Diligence ■ Entitlements ■ CEQA/NEPA ■ Development Services ■ Management ■ Public Outreach 3333 Michelson Drive, Suite 500 ■ Irvine, Calif. 92612
949.794.1180 ■ [email protected]
Table 1: Great Scott Trip Generation
Trip Type Daily In Out Total In Out Total
Office Employees 5 10 5 0 5 0 5 5
Supervisors1
4 16 0 4 4 0 0 0
Field Employees (Passenger Vehicle)243 58 0 0 0 0 0 0
Total Passenger Trips 52 84 5 4 9 0 5 5
Field Equipment/Tree Trucks3
29 58 0 0 0 0 0 0
Total 142 5 4 9 0 5 5
2 Many field employees carpool, averaging 1.5 employees per vehicle. 3 Based on the information provided by GSTC-OC, there are 12 spaces designated for Boom Trucks, 11 spaces for Boom/Dump Trucks, 2 spaces for Dump Trucks.
1 Supervisors arrive at the project site, pick up a truck and depart to the job site. Therefore 4 daily trips per supervisor are assumed. # of AM Peak Hour PM Peak Hour
Employees/Trips
AREA 2 -

OPEN SPACE
AREA 1 -

COMMERCIAL LOT
CANADA

DIMENSION

SERRANO CT
LINEAR
PRISM
30 41
45 47
48 49
50 53
55 60 59
68 69
70 71
72 73
74 78
79 80
81 82
88 94
194
195
193
Maxar
SOUTH COUNTY YARD - 20751 LINEAR LANE
/
10/2/2023

SYCAMORE

REDWOOD
PALM
OAK
FRUITS
FICUS

EUCALYPTUS

CARROTWOOD

AVOCADO
AREA 1 -

COMMERCIAL LOT
REF
REF
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X 1 2 4 3 L LINEAR LANE C L ACCESS EASEMENT C L ACCESS EASEMENT CCANADA STREET SERRANO CREEK

SERRANO

SERRANO CREEK

TO CANADA ROAD
CREEK
SERRANOCREEK SHEET STAMP GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 C O S T A M E S A C A 9 2 6 2
BUNDY -FINKEL Architects 20795 LINEAR LANE LAKE FOREST, CA 92630 SHEET TITLE 2603 Main Street, Suite 400 Irvine, California 92614-4250 949.988.5815C1.0 GRADING PLAN INDEX SHEET SHEET C1.2 SHEET C1.1 REF
REF
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X 1 2 4 3 SERRANO CREEK
BARN

GARAGE L ACCESS EASEMENT C

DECK PORCH
TRASH
PATIO

STORM DRAIN STORAGE GALLERY

ADA PRKG
EV PRKG LC ACCESS EASEMENT CANADA STREET SERRANO CREEK TRUCK PARKING TRUCK PARKING TRUCK PARKING OFFICE CONSTRUCTION NOTES 123456789 SHEET STAMP GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 C O S T A M E S A C A 9 2 6 2
BUNDY -FINKEL Architects 20795 LINEAR LANE LAKE FOREST, CA 92630 SHEET TITLE 2603 Main Street, Suite 400 Irvine, California 92614-4250 949.988.5815C1.1 GRADING PLAN MATCH LINE - SEE SHEET C1.2 1011 LEGEND

REF REF
X X
X X
X
X
X
X
X
X

X X X X X X X
X
X
X
X X X
X
X

X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X

X X X X
1 2
L
GARAGE

LINEAR LANE C
DECK
PORCH
TRASH
PATIO

ADA PRKG

EV PRKG

SERRANO CREEK

EMPLOYEE PRKG
OFFICE SHEET STAMP GREAT SCOTT TREE CARE SOUTH ORANGE COUNTY T E L 7 1 4 8 5 0 7 5 7 5 F A X 7 1 4 8 5 0 7 5 7 6 1120 B R I S T O L S T R E E T S T E 1 2 C O S T A M E S A C A 9 2 6 2

BUNDY -FINKEL
Architects 20795 LINEAR LANE LAKE FOREST, CA 92630 SHEET TITLE 2603 Main Street, Suite 400 Irvine, California 92614-4250 949.988.5815C1.2 GRADING PLAN MATCH LINE - SEE SHEET C1.1 CONSTRUCTION NOTES
1234567891011LEGEND
1 2 4 3 30' PRIVATE INGRESS/EGRESS EASEMENT SERRANO CREEK SERRANO CREEK

SERRANO CREEK
SERRANO TRUCK PARKING (TYP.) CREEK TRUCK PARKING (TYP.) PARCEL 1 88,562.34 SF 2.03 AC NEW FEMA FLOOD PLAIN (CONVEYED BY SEPERATE INSTRUMENT) EXIST. BARN TO REMAIN PARCEL 2 203,944.57 SF 4.68 AC PARCEL 2 203,944.57 SF 4.68 AC EMPLOYEE PARKING (TYP.) EXIST. SFD TO BE REMODELED NEW FEMA FLOOD PLAIN (CONVEYED BY SEPERATE INSTRUMENT) NEW FEMA FLOOD PLAIN (CONVEYED BY SEPERATE INSTRUMENT) NEW FEMA FLOOD PLAIN (CONVEYED BY SEPERATE INSTRUMENT) PARCEL 1 88,562.34 SF 2.03 AC PARCEL 2 203,944.57 SF 4.68 AC OWNER'S ADDRESS LEGEND COUNTY FACILITY: (EXISTING PUBLIC R/W) LINEAR LANE EASEMENT NOTES: SCENIC EASEMENT EXHIBIT FOR 20795 CANADA ROAD LAKE FOREST, CA VICINITY MAP Huitt-Zollars, Inc. Irvine Phone (949) 988-5815 Fax (949) 988-5820
2603 Main Street, Suite 400
Irvine, California 92614

GRIFFITHS RANCH, LLC
10/2/2023 10/2/2023
1 2 4 3 30' PRIVATE INGRESS/EGRESS EASEMENT SERRANO CREEK SERRANO CREEK

GRIFFITHS RANCH, LLC
1 2 4 3 30' PRIVATE INGRESS/EGRESS EASEMENT SERRANO CREEK SERRANO CREEK

GRIFFITHS RANCH, LLC
Changed Plan
Minor Planned Sign Program
Planned Sign Program
Pre-Application
Tentative Parcel Map
Tentative Tract Map
Use Permit
Other
PROJECT INFORMATION:

Address:

Site Development Permit Admin PC
APN(s):

APPLICANT INFORMATION:

Contact Person: Organization:

Telephone No.: E-mail:

Mailing Address:

City: State: Zip Code:

PROPERTY OWNER INFORMATION:

Contact Person: Organization:

Telephone No.: E-mail:

Mailing Address:

City: State: Zip Code:

PROPOSED PROJECT (Briefly describe project/use including square footage, business type, lot size, etc.):

I hereby certify under penalty of perjury that all the foregoing information is true and correct and recognize that any false or misleading information shall be grounds for denying this application. Furthermore, I understand that the cost to process a discretionary application is commensurate with staff time and resources, and agree to submit additional funds should the total cost exceed the deposit submitted:

Applicant Signature Date
I hereby authorize the applicant , identified above, to file this application and represent me in matters related to its processing:

Property Owner Signature Date
City of Lake Forest 100 Civic Center Drive, Lake Forest, CA 92630  (949) 461-3460 Fax (949) 461-3512 www.lakeforestca.gov Revised 9/20/22

PLANNING

APPLICATION
FOR CITY USE ONLY:

File No:

Project Name:

Date Submitted:

Deposit Amount:

Zoning:

GP:

Related Files:
4210 Riverwalk Parkway, Suite 100
Riverside, CA 92505
Phone: (951) 710-5944
Fax: (951) 710-5955
CLTA Preliminary Report Form – Modified (11/17/06) Page 1 Issuing Policies of Fidelity National Title Insurance Company Title Officer: Andrew Margo (BS-RIV)
Escrow Officer: Builder Services OAC
TO:

EPD Solutions Inc
2 Park Plaza, Suite 1120
Irvine, CA 92614
ATTN: Jeff Alvarez
YOUR REFERENCE:

Order No.: 989-30062340-D-BAM
PROPERTY ADDRESS: 20865 Canada Road, Lake Forest, CA

AMENDED PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a Florida Corporation.

Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.

Countersigned by:

Authorized Signature
4210 Riverwalk Parkway, Suite 100
Riverside, CA 92505
Phone: (951) 710-5944
Fax: (951) 710-5955
CLTA Preliminary Report Form – Modified (11/17/06) Page 2

AMENDED PRELIMINARY REPORT
EFFECTIVE DATE: August 7, 2023 at 7:30 a.m., Amended: August 16, 2023, Amendment No. D ORDER NO.: 989-30062340-D-BAM
The form of policy or policies of title insurance contemplated by this report is:

ALTA Standard Owners Policy (6-17-06)

1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:

A Fee as to Parcel(s) 1, 2A, 3A AND 3C;
Easement(s) more fully described below as to Parcel(s) 2B, 2C and 3B

2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:

GRIFFITHS RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO REQUIREMENTS NOS 5, 6 AND 7, AS TO PARCELS 1 AND 2
RICHARD B. COHEN AND LINDA J. COHEN TRUSTEES OF THE RICHARD AND LINDA COHEN TRUST DATED March 25, 1988, AS TO PARCEL 3

3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:

See Exhibit A attached hereto and made a part hereof.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM
CLTA Preliminary Report Form – Modified (11/17/06) Page 3

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LAKE FOREST IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

PARCEL A OF PARCEL MAP NO. 86-133, IN THE CITY OF LAKE FOREST, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP ON FILE IN BOOK 225 PAGES 7 TO 13 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT ONE-HALF OF ALL MINERALS, OIL, AND/OR ASPHALTUM OF EVERY KIND OR CHARACTER IN OR

UNDER SAID PROPERTY, AND ONE-HALF OF EVERY MINERAL OR OIL RIGHT THEREIN, THEREUNTO AND THEREUNDER, AS EXCEPTED IN THE DEED FROM THE WHITING COMPANY TO BENNIE W. OSTERMAN AND CYNTHIA A. OSTERMAN, RECORDED APRIL 30, 1928, IN BOOK 153 PAGE 320 OF OFFICIAL RECORDS.

APN: 610-301-07
PARCEL 2:

PARCEL A:

PARCEL 1 OF LOT LINE ADJUSTMENT LL 82-30, RECORDED DECEMBER 22, 1982 AS INSTRUMENT NO. 82- 449842, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

THAT PORTION OF LOT(S) F OF TRACT NO. 695, IN THE CITY OF LAKE FOREST, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 25 PAGE(S) 1 OF MISCELLANEOUS MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED IN DEED TO RALSTON ANDERSON AND MAXINE E. ANDERSON RECORDED MARCH 24, 1953 IN BOOK 2474, PAGE 461 OF OFFICIAL RECORDS

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALONG WITH THAT PORTION OF SAID LOT F, AS SHOWN AS A REMAINDER PARCEL OF TRACT NO. 11397, AS PER MAP RECORDED IN BOOK 502 PAGES 44 THROUGH 47 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO RALSTON ANDERSON AND MAXINE E. ANDERSON, RECORDED IN BOOK 2474 PAGE 461, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 53°25'30" EAST 69.42 FEET ALONG THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LAND; THENCE NORTH 36°19'50" WEST 47.29 FEET ALONG A LINE THAT IS PARALLEL WITH AND 5.00 FEET NORTHEASTERLY FROM THE NORTHEASTERLY FACE OF AN EXISTING BARN; THENCE NORTH 53°40'10" EAST 6.60 FEET TO A POINT WHICH IS 5.00 FEET SOUTHEASTERLY AND 1.00 FOOT NORTHEASTERLY FROM THE EASTERLY CORNER OF A 4' X 8’ CONCRETE BASE OF A WATER WELL; THENCE NORTH 36°19'50" WEST, 18.00 FEET TO A POINT WHICH IS 5.00 FEET NORTHWESTERLY AND 1.00 FOOT NORTHWESTERLY FROM THE NORTHERLY CORNER OF THE CONCRETE BASE; THENCE SOUTH 53°40'10" WEST, 6.60 FEET TO A POINT THAT IS 5.00 FEET NORTHEASTERLY OF SAID BAM; THENCE NORTH 36°19'50" WEST, 108.71 FEET, PARALLEL WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY FACE OF SAID BAM; THENCE SOUTH 47°43'44" WEST, 70.51 FEET TO THE MOST NORTHERLY COMER OF THE LAND DESCRIBED IN SAID DEED TO RALSTON ANDERSON AND MAXINE E. ANDERSON, THENCE SOUTH 36°34'30" EAST, 167.00 FEET ALONG THE NORTHEASTERLY LINE OF SAID LAND TO THE POINT OF BEGINNING.

EXCEPT THEREFROM ONE-HALF OF ALL MINERALS, OILS AND/OR ASPHALTUM OF EVERY KIND OR

CHARACTER IN OR UNDER SAID PROPERTY, AND ONE-HALF OF EVERY MINERAL OR OIL RIGHT THEREIN,

THEREUNTO AND THEREUNDER, AND THE RIGHTS AND EASEMENTS IN CONNECTION WITH SAID SUBSTANCES, AS RESERVED BY THE WHITING COMPANY IN THE DEED RECORDED IN BOOK 153 PAGE 320 OF OFFICIAL RECORDS.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 4

ALSO EXCEPTING WATER AND WATER RIGHTS AS RESERVED BY THE WHITING COMPANY, IN DEED RECORDED IN BOOK 153 PAGE 320 OF OFFICIAL RECORDS.

APN: 610-301-20
PARCEL B:

A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT F OF TRACT NO. 695, IN UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25 PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY INCLUDED WITHIN A STRIP OF LAND, 30.00 FEET IN WIDTH THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1 OF TRACT NO. 11397, AS SHOWN ON A MAP RECORDED IN BOOK 502 PAGES 44 THROUGH 47 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF

THE COUNTY RECORDER OF SAID COUNTY, SAID COMER BEING ALSO THE NORTHWESTERLY LINE OF CANADA ROAD AS SHOWN ON SAID TRACT NO. 11397; THENCE NORTH 39°25'28" EAST 42.00 FEET ALONG SAID NORTHWESTERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE NORTH 50°34'32" WEST 15.81

FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 100.00 FEET; THENCE NORTHWESTERLY 73.23 FEEL ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°57'24"; THENCE SOUTH 87°28'04" WEST 96.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 68.00 FEET; THENCE NORTHWESTERLY 49.52 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°43'42" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RECORD OF 68.00 FEET; THENCE NORTHWESTERLY 49.52 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°43'42" TO A LINE PARALLEL WITH AND NORTHERLY 15.00 FEET FROM THAT CERTAIN COURSE SHOWN AS "NORTH 87°28'04" EAST 172.53 FEET" FOR A PORTION OF THE NORTHERLY LINE OF SAID LOT 1; THENCE SOUTH 87°28'04" WEST 172.53 FEET ALONG SAID

PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 68.00 FEET; THENCE SOUTHWESTERLY 41.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°22'46" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 68.00 FEET; THENCE WESTERLY 99.49 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8349'42" TO A LINE PARALLEL WITH AND NORTHEASTERLY 45.00 FEET FROM THAT CERTAIN COURSE SHOWN AS "NORTH 44°05'00" WEST 142.84 FEET FOR A PORTION OF THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE NORTH 44°05'00" WEST 101.68 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO A LINE PARALLEL WITH AND SOUTHEASTERLY 15.00 FEET FROM THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO DENVER A. NUTTER AND SADIE M. NUTTER RECORDED IN BOOK 247 PAGE 460 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER; THENCE NORTH 53°25'30" EAST 257 98 FEET ALONG SAID LAST ABOVE MENTIONED PARALLEL LINE.

PARCEL C.

A NON-EXCLUSIVE EASEMENT FOR UTILITY PURPOSES AND INCIDENTAL PURPOSES THERETO OVER THAT PORTION OF LOT F OF TRACT NO. 695, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF

ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25 PAGE 1 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY INCLUDED WITHIN A STRIP OF LAND, 30.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NORTH 44°05*00" WEST 142.84 FEET" FOR A PORTION OF THE NORTHEASTERLY LINE OF LOT 1 OF TRACT NO. 11397, AS SHOWN ON A MAP RECORDED IN BOOK 502 PAGES 44 THROUGH 47 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE NORTH 45°36'44" EAST 15.00 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO THE TRUE POINT OF BEGINNING, SAID POINT PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 5 BEING ON LINE PARALLEL WITH AND NORTHEASTERLY 15.00 FEET FROM SAID NORTHEASTERLY LINE; THENCE NORTH 44°05'00" WEST 201.81 FEET ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND SOUTHEASTERLY 15.00 FEET FROM THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO DENVER A. NUTTER AND SADIE M. NUTTER RECORDED IN BOOK 2474 PAGE 460 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE NORTH 53°25'30" EAST 288.24 FEET ALONG SAID LAST MENTIONED PARALLEL LINE.

THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHEASTERLY IN SAID NORTHWESTERLY LINE.

PARCEL 3:

PARCEL A:

THAT PORTION OF LOT F OF TRACT NO. 695, IN THE CITY OF LAKE FOREST, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 25, PAGE 1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA.

BEGINNING AT A POINT 615.77 FEET NORTH 23°03’40” WEST AND 275.00 FEET NORTH 53°25’30” EAST FROM THE MOST WESTERLY CORNER OF LOT G OF SAID TRACT NO. 695; THENCE NORTH 53°25’30” EAST 132.00 FEET; THENCE NORTH 33°34’30” WEST 90.00 FEET; THENCE SOUTH 53°25’30” WEST 132.00 FEET; THENCE SOUTH 33°34’30” EAST 90.00 FEET TO THE POINT OF BEGINNING.

EXCEPT ONE-HALF OF ALL MINERALS, OIL, AND/OR ASPHALTUM OF EVERY KIND OR CHARACTER IN OR

UNDER SAID PROPERTY, AND ONE-HALF OF EVERY MINERAL OR OIL RIGHT THEREIN, THEREUNTO AND THEREUNDER, AS RESERVED BY THE WHITING COMPANY IN DEED RECORDED APRIL 30, 1928 IN BOOK 153, PAGE 320 OF OFFICIAL RECORDS.

A PORTION OF APN 610-301-21
PARCEL B:

A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS, OVER THAT PORTION OF SAID LAND, INCLUDED WITHIN A STRIP OF LAND 30.00 FEET IN WIDTH, THE SOUTHWESTERLY AND NORTHWESTERLY LINES OF WHICH ARE DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE CENTERLINE OF CANADA ROAD, AS CONVEYED TO THE COUNTY OF ORANGE BY DEED RECORDED SEPTEMBER 26, 1938 IN BOOK 960, PAGES 514 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING LOCATED 190.03 FEET NORTH 45°34’45” EAST AND

66.42 FEET SOUTH 44°05’ EAST FROM THE MOST WESTERLY CORNER OF LOT G, TRACT NO. 695, AS PER MAP RECORDED IN BOOK 25, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, RUNNING FROM SAID POINT OF BEGINNING NORTH 44°05’ WEST 644.00 FEET; THENCE 53°25’30” EAST 438.00 FEET, AS SHOWN BY DEED RECORDED APRIL 25, 1961 IN BOOK 5700, PAGE 204 OF OFFICIAL RECORDS.

PARCEL C

THE PARCEL OF LAND IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN DEED RECORDED MARCH 24, 1953 IN BOOK 2474, PAGE 460 OF OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH THAT PORTION OF LOT “F”, TRACT NO. 695, AS SHOWN ON MAP RECORDED IN BOOK 25, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY (MORE PARTICULARLY SHOWN AS “REMAINDER PARCEL” ON MAP OF SAID TRACT NO. 11397 RECORDED IN BOOK 502, PAGES 44 THROUGH 47 INCLUSIVE OF MISCELLANEOUS MAPS), DESCRIBED AS FOLLOWS:

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 6 BEGINNING AT THE WESTERLY CORNER OF SAID LAND DESCRIBED IN SAID DEED RECORDED MARCH 24, 1953 IN BOOK 2474, PAGE 460 OF OFFICIAL RECORDS; THENCE NORTH 33°34’30” WEST ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LAND 50.00 FEET; THENCE NORTH 74°31’39” EAST 138.68 FEET TO THE NORTHERLY CORNER OF SAID LAND; THENCE SOUTH 53°25’30” WEST ALONG THE NORTHWESTERLY LINE OF SAID LAND 132.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.

A PORTION OF APN 610-301-21
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM
CLTA Preliminary Report Form – Modified (11/17/06) Page 7

EXCEPTIONS

AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:

A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2023-2024.

B. Intentionally Deleted
C. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows:

CFD No: Community Facilities District No. 87-1
Disclosed by: Notice of Special Tax Lien
Recording Date: August 2, 1990a
Recording No.: as Instrument No. 90-410814 of Official Records D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.

1. Water rights, claims or title to water, whether or not disclosed by the public records.

THE FOLLOWING MATTERS AFFECT PARCEL 1

2. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: roads, ingress, egress and pipelines
Recording Date: April 30, 1928
Recording No: Book 153 Page 320 of Official Records
Affects: The exact location and extent of said easement is not disclosed of record.

3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Southern California Edison Company
Purpose: Public utilities
Recording No: Book 4201 Page 456 of Official Records
Affects: A portion of said land as more particularly described in said document.

4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Los Alisos Water District
Purpose: water distribution main
Recording Date: November 05, 1963
Recording No: Book 6792 Page 419 of Official Records
Affects: A portion of said land as more particularly described in said document.

5. Exceptions and Reservations contained in the Deed to Los Alisos Water District above mentioned. Reference being made to the record thereof for full particulars.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 8

6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Southern California Edison Company
Purpose: Public utilities
Recording Date: May 20, 1982
Recording No: 1982-174560 of Official Records
Affects: A portion of said land as more particularly described in said document. and Re-Recording Date: May 20, 1982
and Re-Recording No: 1982-423781 of Official Records

7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Los Alisos Water District
Purpose: water and sewage transmission
Recording Date: June 24, 1982
Recording No: 1982-217506 of Official Records
Affects: A portion of said land as more particularly described in said document.

8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Los Alisos Water District
Purpose: water and sewage transmission
Recording Date: July 07, 1982
Recording No: 1982-234280 of Official Records
Affects: A portion of said land as more particularly described in said document.

9. Matters contained in that certain document
Entitled: Agreement and Grant of Easement
Dated: May 06, 1982
Executed by: George Salata and Linda Lee Salat and Carma Developers (California), Inc., a California corporation
Recording Date: August 09, 1982
Recording No: 1982-275009 of Official Records
Reference is hereby made to said document for full particulars.

10. Matters contained in that certain document
Entitled: Agreement and Grant of Easement
Dated: September 09, 1982
Executed by: Michael E. Brooks and Donna V. Brooks and Carma Developers (California), Inc., a California corporation
Recording Date: September 13, 1982
Recording No: 1982-320345 of Official Records
Reference is hereby made to said document for full particulars.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 9

11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Pacific Telephone and Telegraph Company
Purpose: Public utilities
Recording Date: October 07, 1982
Recording No: 1982-352902 of Official Records
Affects: A portion of said land as more particularly described in said document.

12. Matters contained in that certain document
Entitled: Agreement and Grant of Easement
Dated: November 04, 1982
Executed by: James E. Johnson and Carma Developers (California), Inc., a California corporation Recording Date: November 24, 1982
Recording No: 1982-414655 of Official Records
Reference is hereby made to said document for full particulars.

An Amendment to Grant of Easement
Recording Date: November 17, 2022
Recording No: 2022-382625 of Official Records

13. Matters contained in that certain document
Entitled: Agreement and Grant of Easement
Dated: February 04, 1983
Executed by: Donald G. Hess and Janice C. Hess and Carma Developers (California), Inc., a California corporation
Recording Date: March 09, 1983
Recording No: 1983-102136 of Official Records
Reference is hereby made to said document for full particulars.

14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Los Alisos Water District, a California Water District Purpose: sewer pipeline
Recording Date: June 25, 1987
Recording No: 1987-361272 of Official Records
Affects: A portion of said land as more particularly described in said document.

15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on
Map/Plat: Parcel Map 86-133
Purpose: storm drain
Affects: 20 feet wide as shown on said map
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 10

16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on
Map/Plat: Parcel Map 86-133
Purpose: recreation riding and hiking trail
Affects: as shown on said map

17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on
Map/Plat: Parcel Map 86-133
Purpose: storm drain dedicated to the County of Orange
Affects: 25 feet wide as shown on said map
Matters contained in that certain document
Entitled: Quitclaim Deed and Assignment
Executed by: Orange County Flood Control District and The City of Lake Forest Recording Date: September 24, 1999
Recording No: 19990685797 and Rerecorded June 6, 2003 as Instrument No. 2003000660099 Reference is hereby made to said document for full particulars.

18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on
Map/Plat: Parcel Map 86-133
Purpose: aviation in favor of the County of Orange
Affects: the airspace above said land

19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on
Map/Plat: Parcel Map 86-133
Purpose: flood plain in favor of orange County Flood Control District Affects: as shown on said map
Matters contained in that certain document
Entitled: Quitclaim Deed
Executed by: Orange County Flood Control District and The City of Lake Forest Recording Date: September 24, 1999
Recording No: 19990685796
Reference is hereby made to said document for full particulars.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 11

20. Matters contained in that certain document
Entitled: Agreement for Drainage Encumbrance
Dated: March 31, 1988
Executed by: J. Ferguson Partners/Dimension, a California limited partnership Recording Date: April 01, 1988
Recording No: 1988-149591 of Official Records
Reference is hereby made to said document for full particulars.

21. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 19, 1989
Recording No: 1989-33395 of Official Records
Among other things said document provides:

Easements
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value.

Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value.

Modification(s) of said covenants, conditions and restrictions Recording Date: January 19, 1989
Recording No: 1989-33396 of Official Records

22. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: easements as referred to in the Declaration of Covenants, Conditions and Restrictions Recording Date: July 12, 1994
Recording No: 1994-448986 of Official Records
Affects: said land

23. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.

THE FOLLOWING MATTER AFFECT PARCEL 2:

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 12

24. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

Purpose: Roads and ingress and egress
Recording No: in Book 153, page 320 of Official Records Affects: A portion of said land

25. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable laws, as set forth in the document referred to in the numbered item last above shown.

Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value.

26. The right to bore and sink wells on this, and other land, and easements for pipe lines, conduits, ditches and other incidental purposes, together with the right to bore and sink wells in connection with said wells, as reserved in the above mentioned Deed.

27. An agreement dated July 20, 1934, upon the terms and conditions contained therein, between Bennie W. Osterman and Cynthia Osterman, and Frank G. Freeman and others relating to a wells and pumping plant located on the Northeasterly portion of Lot F and an easement for pipe lines and incidental purposes in connection therewith, recorded in Book 690, page 313 of Official Records.

Said easement has been amended by an Agreement dated December 27, 1950, upon the terms and conditions contained therein, between Bernie W. Osterman and Cynthia A. Osterman, husband and wife, Frank G. Freeman and Marie Freeman, husband and wife, Emma Lorenz and Geneva S. Pfeifer and Jerome E. Powell and Marguerite B.

Powell, husband and wife, relating to a wells and pumping plant located on other land, and the easement for pipe lines in connection therewith, recorded in Book 2124, page 240 of Official Records

28. Easements and rights of way for road and public utilities, and appurtenances thereto, as reserved and conveyed by various deeds of record.

Affects: Easements Parcels C and D
Any interest existing by virtue of covenants, conditions and restrictions and easements herein shown, have not been examined or trace beyond the dated of the instruments creating the same.

29. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Southern California Edison Company
Purpose: public utilities
Recording Date: May 20, 1982
Recording No: as Instrument No. 82-174560 of Official Records Affects: Parcels C and D
and Recording Date: December 3, 1982
and Recording No: as Instrument No. 82-423781 of Official Records PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 13

30. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Los Alisos Water
Purpose: Water and sewage transmission
Recording Date: June 24, 1982
Recording No: as Instrument No. 82-217506 of Official Records Affects: Parcel C

31. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Los Alisos Wate
Purpose: Water and sewage transmission
Recording Date: July 7, 1982
Recording No: as Instrument No. 82-234280 of Official Records Affects: Parcel D

32. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

Purpose: ingress, egress, utility
Recording Date: August 9, 1982
Recording No: as Instrument No. 82-275009 of Official Records Affects: Parcels C and D

33. Matters contained in that certain document
Entitled: Grant of Easement
Dated: May 6, 1982
Executed by: George Salata and Linda Lee Salata and Carma Developers (California), Inc.

Recording Date: August 9, 1982
Recording No: as Instrument No. 82-275009 of Official Records Reference is hereby made to said document for full particulars.

34. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Pacific Telephone and Telegraph
Purpose: public utilities
Recording Date: October 7, 1982
Recording No: as Instrument No. 82-352902 of Official Records Affects: Parcels C and S

35. Matters contained in that certain document
Entitled: Agreement and Grant of Easement
Dated: November 4, 1982
Executed by: James E. Johnson and Carma Developers (California), Inc Recording Date: November 24, 1982
Recording No: as Instrument No. 82-414655 of Official Records Reference is hereby made to said document for full particulars.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 14 An Amendment to Grant of Easement
Recording Date: November 17, 2022
Recording No: 2022-382625 of Official Records

36. Matters contained in that certain document
Entitled: Agreement and Grant of Easement
Dated: September 9, 1982
Executed by: Micael E. Brooks and Donna V. Brooks, and Carma Developers, (California), Inc.

Recording Date: September 13, 1982
Recording No: as Instrument No. 82-320345 of Official Records Reference is hereby made to said document for full particulars.

37. Easement(s) over said Land for the purpose(s) as may be shown below and rights incidental thereto, as created in a mortgage/deed of trust
Purpose: Drainage, water line, riding and hiking trial
Recording Date: March 9, 1983
Recording No: as Instrument No. 83-102135 of Official Records Affects: Said land

38. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable laws, as set forth in the document referred to in the numbered item last above shown.

Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value.

39. Matters contained in that certain document
Entitled: Agreement and Grant of Easement
Dated: February 4, 1983
Executed by: Donald G. Hess and Janice C. Hess and Carma Developers (California), Inc.

Recording Date: March 9, 1983
Recording No: as Instrument No. 83-102136 of Official Records Reference is hereby made to said document for full particulars.

40. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: in Book 113, page 48 of Record of Surveys

41. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 15 THE FOLLOWING MATTERS AFFECT PARCEL 3:

42. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document
Recording Date: April 30, 1928
Recording No: in Book 153, page 320 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value.

43. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

In favor of: The Whiting Company
Purpose: Roads, ingress and egress
Recording Date: April 30, 1928
Recording No: Book 153, Page 320 of Official Records
Affects: A portion of said land as more particularly described in said document

44. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

In favor of: The Whiting Company
Purpose: The right to bore and sink wells on this and other land, and for pipeline(s), conduits, and ditches
Recording Date: April 30, 1928
Recording No: Book 153, Page 320 of Official Records
Affects: A portion of said land as more particularly described in said document

45. The effect of a waiver by Bennie W. Osterman, et al., to the County of Orange for the construction of check dams and bank protections for control of flood water of Aliso Creek, as set out in deed recorded August 23, 1933 in Book 631, Page 166 of Official Records.

46. An agreement dated July 20, 1934 between Bennie W. Osterman and Cynthia Osterman, and Frank G. Freeman, et al., relating to a well and pumping plant located on the Northeasterly portion of Lot F and an easement for pipe lines and incidental purposes in connection therewith, recorded July 25, 1935 in Book 690, Page 313 of Official Records.

47. An agreement dated December 27, 1950 between Bennie W. Osterman and Cynthia A. Osterman, husband and wife, Frank G. Freeman and Marie Freeman, husband and wife, Emma Lorenz, Geneva S. Pfeifer, and Jerome E. Powell and Marguerite B. Powell, husband and wife, relating to a well and pumping plant located on other land, and the easement for pipe lines in connection therewith, recorded January 04, 1951 in Book 2124, Page 240 of Official Records
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 16

48. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: Southern California Edison Company
Purpose: Pole lines
Recording Date: September 26, 1951
Recording No: Book 2234, Page 520 of Official Records
Affects: A portion of said land as more particularly described in said document

49. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: in Book 113, pages 48 through 50 inclusive of Records of Survey.

50. A deed of trust to secure an indebtedness in the amount shown below, Amount: $206,000.00
Dated: September 21, 2002
Trustor/Grantor: Richard B. Cohen and Linda J. Cohen, husband and wife Trustee: California Reconveyance Company
Beneficiary: Washington Mutual Bank, FA, a federal association Loan No.: 0078872413
Recording Date: September 27, 2002
Recording No: as Instrument No. 20020835054 of Official Records THE FOLLOWING MATTERS AFFECT ALL PARCELS:

51. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent.

52. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.

53. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.

The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.

The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

EXCEPTIONS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 17

54. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Parcel Map 86-133, Book 225, Pages 7 through 13 of Parcel Maps; In Favor of: Orange County Flood Control District
Purpose: Flood Plain
Affects: Parcel 1
In Favor of: County of Orange
Purpose: Scenic Preservation and Open Space
Affects: Parcel 1

55. Intentionally deleted.

56. A financing statement as follows:

Debtor: GRIFFITHS RANCH, LLC
Secured Party: CITIZENS BUSINESS BANK
Recording Date: JUNE 01, 2023
Recording No: 2023-129585 OF OFFICIAL RECORDS
PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.

END OF EXCEPTIONS
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM
CLTA Preliminary Report Form – Modified (11/17/06) Page 18

REQUIREMENTS SECTION

1. The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached.

Name of Trust: THE BRIAN AND LAURA HESS REVOCABLE TRUST, DATED NOVEMBER 2, 2020

2. The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached.

Name of Trust: THE RICHARD AND LINDA COHEN TRUST DATED MARCH 25, 1988

3. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s),
Party(s): All Parties
The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information.

4. Unrecorded matters which may be disclosed by an Owner’s Affidavit or Declaration. A form of the Owner’s Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you.

The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration.

5. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below:

Limited Liability Company: GRIFFITHS PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY
a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member.
b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps.
c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member.
d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled.
e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing.
f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required.
g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

REQUIREMENTS
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 19 notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form.

6. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below:

Limited Liability Company: GRIFFITHS RANCH, LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY
a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member.
b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps.
c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member.
d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled.
e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing.
f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required.
g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form.

7. The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached.

Name of Trust: GRIFFITHS FAMILY REVOCABLE LIVING TRUST DATED JANUARY 14, 2009

END OF REQUIREMENTS
CLTA Preliminary Report Form – Modified (11/17/06) Page 1

INFORMATIONAL NOTES SECTION

1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were:

Tax Identification No.: 610-301-07
Fiscal Year: 2022-2023
1st Installment: $27.97, PAID
2nd Installment: $27.97, PAID
Code Area: 30-093
Affects: Parcel 1

2. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were:

Tax Identification No.: 610-301-20
Fiscal Year: 2022-2023
1st Installment: $9,739.78, PAID
2nd Installment: $9,739.78, PAID
Code Area: 30-093
Affects: Parcel 2

3. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were:

Tax Identification No.: 610-301-21
Fiscal Year: 2022-2023
1st Installment: $1,343.38, PAID
2nd Installment: $1,343.38, PAID
Code Area: 30-093
Affects: Parcel 3

4. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued.

5. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land single family residence properties, known as,20865 Canada Rd. and 20795 Canada, Lake Forest, CA. , to an Extended Coverage Loan Policy.

6. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.

7. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.

8. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder.

PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 989-30062340-D-BAM

INFORMATIONAL NOTES
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 2

9. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows:

Grantor: GRIFFITHS PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Grantee: THE GRIFFITHS FAMILY REVOCABLE LIVING TRUST DATED JANUARY 14, 2009
Recording Date: MAY 15, 2023
Recording No: 2023-112417 OF OFFICIAL RECORDS
Grantor: THE GRIFFITHS FAMILY REVOCABLE LIVING TRUST DATED JANUARY 14, 2009
Grantee: GRIFFITHS RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Recording Date: MAY 15, 2023
Recording No: 2023-112662 OF OFFICIAL RECORDS

END OF INFORMATIONAL NOTES
Wire Fraud Alert Page 1
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert
This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer.

All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.

In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud.  NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
 ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster.
 USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
 USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.

For more information on wire‐fraud scams or to report an incident, please refer to the following links:

Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov
4210 Riverwalk Parkway, Suite 100
Riverside, CA 92505
Phone: (951) 710-5944
Fax: (951) 710-5955
Notice of Available Discounts (Rev. 01-15-20) Last Saved: August 16, 2023 by 1MM MISC0164 (DSI Rev. 03/12/20) Escrow No.: 30062340-989-989-BAM Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts.

You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling.

Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount.

FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR – Ticor Title Company of California CTIC – Chicago Title Insurance Company LTC – Lawyer’s Title Company CLTIC – Commonwealth Land Title Insurance Company SLTC – ServiceLink Title Company CTIC – Chicago Title Insurance Company Available Discounts

DISASTER LOANS (CTIC, CLTIC, FNTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate.

CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected.

FNF Privacy Statement (Eff. January 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/29/21) Page 1 Order No. 30062340-989-989-BAM FIDELITY NATIONAL FINANCIAL, INC.

PRIVACY NOTICE
Effective January 1, 2021
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information.

A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply.

Collection of Personal Information
FNF may collect the following categories of Personal Information:
 contact information (e.g., name, address, phone number, email address);  demographic information (e.g., date of birth, gender, marital status);  identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number);  financial account information (e.g. loan or bank account information); and  other personal information necessary to provide products or services to you.

We may collect Personal Information about you from:
 information we receive from you or your agent;
 information about your transactions with FNF, our affiliates, or others; and  information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.

Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device:
 Internet Protocol (IP) address and operating system;
 browser version, language, and type;
 domain name system requests; and
 browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website.

Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.

Other Online Specifics
Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website.

Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites.

Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser.

Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit.

Use of Personal Information
FNF uses Personal Information for three main purposes:
 To provide products and services to you or in connection with a transaction involving you.  To improve our products and services.
 To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently.

When Information Is Disclosed
We may disclose your Personal Information and Browsing Information in the following circumstances:
 to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure;  to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions;
 to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you;

FNF Privacy Statement (Eff. January 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/29/21) Page 2 Order No. 30062340-989-989-BAM  to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or  in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public.

The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see “Choices with Your Information” to learn how to restrict that sharing.

We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings.

Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal Information.

Choices With Your Information
If you do not want FNF to share your information among our affiliates to directly market to you, you may send an “opt out” request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent.

Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you.

For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748.

For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: [email protected].

For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes.

For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.

Information From Children
The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.

International Users
FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice.

FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.

Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice.

FNF Privacy Statement (Eff. January 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/29/21) Page 3 Order No. 30062340-989-989-BAM Accessing and Correcting Information; Contact Us
If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF’s Opt Out Page or contact us by phone at (888) 934-3354 or by mail to:

Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer

ATTACHMENT ONE (Revised 05-06-16)

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY – 1990

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE

EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;

The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
 For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount
Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 5,000.00
2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
{Except as provided in Schedule B - Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
{PART I
{The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the

Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records.}

PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER’S POLICY (06-17-06)

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
{The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records. }

7. {Variable exceptions such as taxes, easements, CC&R’s, etc. shown here.} ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY – ASSESSMENTS PRIORITY (04-02-15)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

Owner’s Declaration Printed: 4/27/2021 4:10 PM by 1MM
MISC0220 (DSI Rev. 10/17/17) Page 2 Escro

OWNER'S DECLARATION
Escrow No.: 30062340-989-989-BAM
Property Address: 20865 Canada Road
Lake Forest, CA
The undersigned hereby declares as follows:

1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 20865 Canada Road, Lake Forest, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land").
b. Declarant is the ______________________________ of ____________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 20865 Canada Road, Lake Forest, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land").

2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with _________________________ upon the Land in the approximate total sum of $__________, but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________________________________.

Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom.

3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.

4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment.

5. The Land is currently in use as _____________________; _______________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land:
___________________________________________________________________________________

6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land.

7. There are no outstanding options to purchase or rights of first refusal affecting the Land.

8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land.

This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ______ at _________________________________.

Signature: ________________________________
Owner’s Declaration Printed: 4/27/2021 4:10 PM by 1MM
MISC0220 (DSI Rev. 10/17/17) Page 3 Escro

OWNER'S DECLARATION
Escrow No.: 30062340-989-989-BAM
Property Address: 20865 Canada Road
Lake Forest, CA
The undersigned hereby declares as follows:

Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom.

6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land.

7. There are no outstanding options to purchase or rights of first refusal affecting the Land.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ______ at _________________________________.

Signature: ________________________________
TRST0003 (DSI Rev. 11/05/14)

RECORDING REQUESTED BY
Fidelity National Title Company
WHEN RECORDED MAIL TO:

ORDER NO.: 30062340-989-BAM
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CERTIFICATION OF TRUST
California Probate Code Section 18100.5
The undersigned declare(s) under penalty of perjury under the laws of the State of California that the following is true and correct:

1. The Trust known as ___________________________________________________________________________________, executed on __________________________, is a valid and existing trust.

2. The name(s) of the settlor(s) of the Trust is (are): _____________________________________________________________ ____________________________________________________________________________________________________

3. The name(s) of the currently acting trustee(s) is (are): _________________________________________________________ ____________________________________________________________________________________________________

4. The trustee(s) of the Trust have the following powers (initial applicable line(s)):
_______Power to acquire additional property.
_______Power to sell and execute deeds.
_______Power to encumber, and execute deeds of trust.
_______Other: _______________________________________________________________________________________

5. The Trust is (check one): _______ Revocable _______ Irrevocable The name of the person who may revoke the Trust is: _________________________________________________________

6. The number of trustees who must sign documents in order to exercise the powers of the Trust is (are): __________________, whose name(s) is (are): _________________________________________________________________________________

7. Title to Trust assets is to be taken as follows: ________________________________________________________________

8. The Trust has not been revoked, modified or amended in any manner which would cause the representations contained herein to be incorrect.

9. I (we) am (are) all of the currently acting trustees.

10. I (we) understand that I (we) may be required to provide copies of excerpts from the original Trust documents which designate the trustees and confer the power to act in the pending transaction.

Dated: _____________________________________
Order No.: 30062340-989-BAM
TRST0003 (Rev. 02/07/2012)
(Acknowledgement must be attached)

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF  ss:

On before me,
,
a Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

STATE OF CALIFORNIA
COUNTY OF  ss:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
TRST0003 (DSI Rev. 11/05/14)

RECORDING REQUESTED BY
Fidelity National Title Company
WHEN RECORDED MAIL TO:

ORDER NO.: 30062340-989-BAM
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CERTIFICATION OF TRUST
California Probate Code Section 18100.5
The undersigned declare(s) under penalty of perjury under the laws of the State of California that the following is true and correct:

1. The Trust known as ___________________________________________________________________________________, executed on __________________________, is a valid and existing trust.

5. The Trust is (check one): _______ Revocable _______ Irrevocable The name of the person who may revoke the Trust is: _________________________________________________________

7. Title to Trust assets is to be taken as follows: ________________________________________________________________

8. The Trust has not been revoked, modified or amended in any manner which would cause the representations contained herein to be incorrect.

9. I (we) am (are) all of the currently acting trustees.

10. I (we) understand that I (we) may be required to provide copies of excerpts from the original Trust documents which designate the trustees and confer the power to act in the pending transaction.

Dated: _____________________________________
Order No.: 30062340-989-BAM
TRST0003 (Rev. 02/07/2012)
(Acknowledgement must be attached)

STATE OF CALIFORNIA
COUNTY OF  ss:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

STATE OF CALIFORNIA
COUNTY OF  ss:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

MEMORANDUM
1940 E Deere Avenue, Suite 250 ● Santa Ana, California 92705 ● 949.837.0404 Regulatory Services
PROJECT NUMBER: 12960003REDO
TO: Steve Guzowski
FROM: Jason Fitzgibbon
DATE: November 8, 2023
SUBJECT: Updated Review of Jurisdictional Limits for California Department of Fish and Wildlife and U.S. Army Corps of Engineers and Biological Resources for Serrano Creek Southern/Eastern Bank for Great Scott Landscape Facility
On June 21 and July 10, 2017, GLA conducted site visits to identify the limits of U.S. Army Corps of Engineers (Corps) and California Department of Fish and Wildlife (CDFW) jurisdictional boundaries for the edge of Serrano Creek within the Project site, which depending on the specific segment of Serrano Creek represents the southern or eastern bank of the stream.

GLA conducted a site visit on April 16, 2020 and again on August 29, 2023 to confirm the limits of agency jurisdiction. Since conducting the 2017 jurisdictional delineation (JD), GLA obtained files showing the 100-year flood plain as mapped by the Project civil engineer1, which in general is very similar to the 2017 JD regarding CDFW jurisdiction. While the limits of CDFW jurisdiction vary based on specific site conditions, CDFW typically considers the 100-year flood limit as the maximum extent of their jurisdiction. Therefore, in areas where the mapped 100- year flood plain was adjacent to the proposed development, the 100-year flood plain was used as the maximum extent of jurisdiction. In areas where CDFW jurisdiction extended beyond the 100-year flood plain due to the presence of riparian habitat, the edge of riparian habitat was utilized to depict the limits of CDFW jurisdiction. As such, the most expansive limits of potential CDFW jurisdiction were depicted and then provided to the Project planners for final modifications to the Project to ensure complete avoidance of CDFW jurisdiction, which also resulted in complete avoidance of Corps jurisdiction.

The site was also evaluated to determine whether any sensitive species and/or communities have the potential to occur onsite, and this assessment was updated during the April 16, 2020, and August 29, 2023, site visits. [Exhibit 1 – Regional Map, Exhibit 2 – Vicinity Map]. Exhibit 3 depicts the limits of Corps and CDFW jurisdiction. Site photos depicting current site conditions can be seen in Exhibit 4. Appendix A depicts the current site plan, showing full avoidance of Corps and CDFW jurisdiction. The 2017 Plan is superseded by the current plan which shows 1 Huitt Zollars. December 9, 2019. Preliminary Drainage Report: In Support of Great Scott Tree Service Improvements, 20865 Canada Road, Lake Forest, CA 92630 APN: 610-301-20, 610-301-07. The December 9, 2019 Report was used to support this Technical Memorandum and has been updated as of December 16, 2020.

Steve Guzowski
November 8, 2023

Page 2 ends

Lake Forest City CouncilOctober 15, 2024

Lake Forest City Council
October 15, 2024