19-1015_RIVER STREET SJC, LLC_Agenda Report_D1_Attachment_10_Part_1
April 2019 | FFinal Environmental Impact Report
State Clearinghouse No. 2018011019
RIVER STREET MARKETPLACE PROJECT
for City of San Juan Capistrano
Prepared for:
City of San Juan Capistrano
Contact: David Contreras, Principal Planner
32400 Paseo Adelanto
San Juan Capistrano, California 92675
949.443.6320
Prepared by:
PlaceWorks
Contact: Nicole Morse, Esq. Associate Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
info@placeworks.com
www.placeworks.com
RIVER STREET MARKETPLACE PROJECT FINAL EIR
CITY OF SAN JUAN CAPISTRANO
Table of Contents
April 2019 Page i
Section Page
1. INTRODUCTION ........................................................................................................................... 1-1
1.1 INTRODUCTION ............................................................................................................................................. 1-1
1.2 FORMAT OF THE FEIR ................................................................................................................................. 1-1
1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES ................................. 1-2
2. RESPONSE TO COMMENTS ...................................................................................................... 2-1
3. REVISIONS TO THE DRAFT EIR ................................................................................................ 3-1
3.1 INTRODUCTION ............................................................................................................................................. 3-1
3.2 DEIR REVISIONS IN RESPONSE TO WRITTEN COMMENTS ..................................................... 3-1
APPENDICES
Appendix A. Hydrology and Hydraulics Memorandum
Appendix B. Traffic Memorandum
Appendix C. Lighting Plan
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LIST OF FIGURES
Figure Page
Figure 3-2 Local Vicinity ...................................................................................................................................... 3-3
Figure 3-3 Aerial Photograph .............................................................................................................................. 3-5
Figure 3-5 Conceptual Building Elevations: Marketplace, Mercantile, and Greenhouse .......................... 3-7
Figure 5.1-6 View Simulation D ............................................................................................................................. 3-9
Figure 5.1-7 Site Lighting Plan ............................................................................................................................ 3-11
Figure 5.1-8 Photometric Analysis...................................................................................................................... 3-13
LIST OF TABLES
Table Page
Table A2-1 Year 2017 vs Year 2018 Peak Hour Intersection Capacity (ICU Method of
Analysis)............................................................................................................................................... 2-9
Table A2-2 Year 2017 vs Year 2018 Peak Hour Intersection Capacity (HCM Method of
Analysis)............................................................................................................................................ 2-10
Table A5-1 Existing Traffic Conditions Del Obispo Street Queuing Assessment (Synchro
Operations) ...................................................................................................................................... 2-23
Table A5-2 Existing Plus Project Traffic Conditions Del Obispo Street Queuing
Assessment (Synchro Operations) ............................................................................................... 2-24
Table A5-3 Existing Plus Project Plus Cumulative (Year 2020) Traffic Conditions Del
Obispo Street Queuing Assessment (Synchro Operations) ..................................................... 2-24
Table 5.1-1 Consistency with Los Rios Specific Plan Urban Design Goals and Policies ...................... 2-137
Table A5-1 Existing Traffic Conditions Del Obispo Street Queuing Assessment (Synchro
Operations) .................................................................................................................................... 2-148
Table A5-2 Existing Plus Project Traffic Conditions Del Obispo Street Queuing
Assessment (Synchro Operations) ............................................................................................. 2-149
Table A5-3 Existing Plus Project Plus Cumulative (Year 2020) Traffic Conditions Del
Obispo Street Queuing Assessment (Synchro Operations) ................................................... 2-149
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1. Introduction
1.1 INTRODUCTION
This Final Environmental Impact Report (FEIR) has been prepared in accordance with the California
Environmental Quality Act (CEQA) as amended (Public Resources Code §§ 21000 et seq.) and CEQA
Guidelines (California Code of Regulations §§ 15000 et seq.).
According to the CEQA Guidelines, Section 15132, the FEIR shall consist of:
(a) The Draft Environmental Impact Report (DEIR) or a revision of the Draft;
(b) Comments and recommendations received on the DEIR either verbatim or in summary;
(c) A list of persons, organizations, and public agencies comments on the DEIR;
(d) The responses of the Lead Agency to significant environmental points raised in the review
and consultation process; and
(e) Any other information added by the Lead Agency.
This document contains responses to comments received on the DEIR for the River Street Marketplace Project
during the public review period, which began January 30, 2019, and closed March 18, 2019. This document has
been prepared in accordance with CEQA and the CEQA Guidelines and represents the independent judgment
of the Lead Agency. This document and the circulated DEIR comprise the FEIR, in accordance with CEQA
Guidelines, Section 15132.
1.2 FORMAT OF THE FEIR
This document is organized as follows:
SSe c t i on 1, I n trod u cti on . This section describes CEQA requirements and content of this FEIR.
Se c t i on 2, R e s p on s e to C om m e n t s . This section provides a list of agencies and interested persons
commenting on the DEIR; copies of comment letters received during the public review period, and individual
responses to written comments. To facilitate review of the responses, each comment letter has been reproduced
and assigned a number (A-1 through A-8 for letters received from agencies and organizations, R-1 through R-
16 for letters received from residents, and L-1 for a late letter received). Individual comments have been
numbered for each letter and the letter is followed by responses with references to the corresponding comment
number.
Se c t i on 3. R e vi s i on s to the Dra ft E I R . This section contains revisions to the DEIR text and figures as a
result of the comments received by agencies and interested persons as described in Section 2, and/or errors
and omissions discovered subsequent to release of the DEIR for public review.
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1. Introduction
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AAp p e n d i c e s . This section includes memoranda from the technical experts responding to specific comments.
The memoranda provide further clarification in support of the DEIR analysis and response to comments. This
does not constitute significant new information within the meaning of CEQA Guidelines Section 15088.5 that
would require recirculation.
The responses to comments contain material and revisions that will be added to the text of the FEIR. City of
San Juan Capistrano staff has reviewed this material and determined that none of this material constitutes the
type of significant new information that requires recirculation of the DEIR for further public comment under
CEQA Guidelines Section 15088.5. None of this new material indicates that the project will result in a
significant new environmental impact not previously disclosed in the DEIR. Additionally, none of this material
indicates that there would be a substantial increase in the severity of a previously identified environmental
impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation
described in Section 15088.5.
1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES
CEQA Guidelines Section 15204 (a) outlines parameters for submitting comments, and reminds persons and
public agencies that the focus of review and comment of DEIRs should be “on the sufficiency of the
document in identifying and analyzing possible impacts on the environment and ways in which significant
effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional
specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant
environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined
in terms of what is reasonably feasible. …CEQA does not require a lead agency to conduct every test or
perform all research, study, and experimentation recommended or demanded by commenters. When
responding to comments, lead agencies need only respond to significant environmental issues and do not need
to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the
EIR.”
CEQA Guidelines Section 15204 (c) further advises, “Reviewers should explain the basis for their comments,
and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion
supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered
significant in the absence of substantial evidence.” Section 15204 (d) also states, “Each responsible agency and
trustee agency shall focus its comments on environmental information germane to that agency’s statutory
responsibility.” Section 15204 (e) states, “This section shall not be used to restrict the ability of reviewers to
comment on the general adequacy of a document or of the lead agency to reject comments not focused as
recommended by this section.”
In accordance with CEQA, Public Resources Code Section 21092.5, copies of the written responses to public
agencies will be forwarded to those agencies at least 10 days prior to certifying the environmental impact report.
The responses will be forwarded with copies of this FEIR, as permitted by CEQA, and will conform to the
legal standards established for response to comments on DEIRs.
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2. Response to Comments
Section 15088 of the CEQA Guidelines requires the Lead Agency (City of San Juan Capistrano) to evaluate
comments on environmental issues received from public agencies and interested parties who reviewed the
DEIR and prepare written responses.
This section provides all written responses received on the DEIR and the City of San Juan Capistrano’s
responses to each comment.
Comment letters and specific comments are given letters and numbers for reference purposes. Where sections
of the DEIR are excerpted in this document, the sections are shown indented. Changes to the DEIR text are
shown in underlined text for additions and strikeout for deletions.
The following is a list of agencies and persons that submitted comments on the DEIR during the public review
period.
Number
Reference Commenting Person/Agency Date of Comment Page No.
Agencies & Organizations
A1 Agua Caliente Band of Cahuilla Indians February 8, 2019 2-3
A2 Caltrans March 15, 2019 2-7
A3 Orange County Fire Authority March 18, 2019 2-13
A4 Orange County Public Works March 15, 2019 2-17
A5 Orange County Transportation Authority March 12, 2019 2-21
A6 South Coast Air Quality Management District March 13, 2019 2-27
A7 South Coast Water District January 31, 2019 2-33
A8 State of California Governor’s Office of Planning and Research March 18, 2019 2-37
Residents
R1 Chris Connolly March 18, 2019 2-43
R2 Amy Dickinson January 30, 2019 2-49
R3 Gail Fayad March 15, 2019 2-55
R4 Kathleen Forster March 10, 2019 2-59
R5 Corinna Henson February 1, 2019 2-63
R6 Charlotte Kessy February 11, 2019 2-67
R7 Michael Laux March 18, 2019 2-71
R8 Joanne Marquez February 4, 2019 2-93
R9 Kim McCarthy March 18, 2019 2-97
R10 Carolyn Nash March 6, 2019 2-103
R11 Allan and Claudia Niccola March 15, 2019 2-109
R12 Jerry Nieblas January 30, 2019 2-115
R13 Stephen Rice February 8, 2019 2-119
R14 Jeff Vasquez March 18, 2019 2-123
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Number
Reference Commenting Person/Agency Date of Comment Page No.
R15 Clint Worthington March 18, 2019 2-151
R16 Michael Nicholas Zornes and Damian Anthony Orozco March 2, 2019 2-155
Late
L1 Metrolink April 8, 2019 2-163
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LETTER A1 – Agua Caliente Band of Cahuilla Indians (1 page)
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A1. Response to Comments from Agua Caliente Band of Cahuilla Indians, dated February 8, 2019.
A1-1 The City acknowledges the commenter’s statement that the proposed project is not within
the Agua Caliente Band of Cahuilla Indians’ (Tribe) Traditional Use Area, that the Tribe
defer to other tribes in the area, and that the comment letter concludes the Tribe’s
consultation efforts.
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LETTER A2 – Caltrans (2 pages)
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A2. Response to Comments Caltrans, dated March 15, 2019.
A2-1 The City acknowledges the project overview provided by the commenter to be accurate.
A2-2 Caltrans acknowledges that the DEIR shows that the project will not have a significant
impact at 1-5 Southbound and Ortega ramps based on traffic count data from November
2017 and requests more recent traffic count data and queueing analysis at 1-5 Southbound
and Ortega ramps. Even though not required by law with respect to the current project,
the City did review the counts that were collected at these ramps in November 2018 for
the Tirador Project in San Juan Capistrano. These counts are very similar to the November
2017 counts analyzed in the River Street Marketplace Project. Comparison of these traffic
counts show no significant change in traffic volumes, and, therefore utilizing the more
recent counts would not reveal any additional significant impacts that were not disclosed
in the DEIR. Hence, no additional counts or analyses are needed.
Additionally, level of service (LOS) calculations were evaluated at the I-5 Southbound
Ramps at Ortega Highway, as well as the I-5 Northbound Ramps at Ortega Highway using
the November 2018 traffic counts that were provided by the City of San Juan Capistrano.
The analyses show no significant change in ICU/Delay with no change in LOS values
when compared to the November 2017 traffic counts evaluated in the Traffic Impact
Analysis Report for the project. In fact, more recent counts show reduced baseline traffic
volumes exist in several of the baseline scenarios. Tables A2-1 and A2-2 present the
comparison between the November 2017 and November 2018 Existing LOS for both the
Intersection Capacity Utilization (ICU) Methodology and Highway Capacity Manual
(HCM) Methodology. Appendix B also provides the Year 2017 and 2018 counts and LOS
calculation worksheets for existing conditions. No significant impacts would occur under
either scenario.
Table A2-1 Year 2017 vs Year 2018 Peak Hour Intersection Capacity (ICU Method of Analysis)
Key Intersection Time Period
Existing (Year 2017)
Traffic Conditions
Existing (Year 2018)
Traffic Conditions
ICU LOS ICU LOS
1 I-5 NB Ramps at Ortega
Highway
AM
PM
0.769
0.683
C
B
0.720
0.689
C
B
2 I-5 SB Ramps at Ortega
Highway
AM
PM
0.658
0.653
B
B
0.644
0.680
B
B
Source: LLG 2019.
ICU = Intersection Capacity Utilization.
LOS = Level of Service
Bold ICU values indicate adverse service levels.
TIA Appendix B contains ICU/LOS calculation worksheets for all signalized intersections.
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Table A2-2 Year 2017 vs Year 2018 Peak Hour Intersection Capacity (HCM Method of Analysis)
Key Intersection Time Period
Existing (Year 2017)
Traffic Conditions
Existing (Year 2018)
Traffic Conditions
Delay (s/v) LOS Delay (s/v) LOS
1 I-5 NB Ramps at Ortega
Highway
AM
PM
40.8
28.5
D
C
36.2
28.1
D
C
2 I-5 SB Ramps at Ortega
Highway
AM
PM
34.6
29.6
C
C
34.2
30.5
C
C
Source: LLG 2019.
s/v = seconds per vehicle (delay).
LOS = Level of Service
Bold ICU values indicate adverse service levels.
TIA Appendix B contains ICU/LOS calculation worksheets for all signalized intersections.
A2-3 Caltrans recommends adding wayfinding signage for bicycle and transit facilities in the
project area to increase the safety of pedestrians and bicyclists. As discussed in Section
3.3.2.1 of the DEIR, the proposed project includes several design features to enhance
connectivity and pedestrian and bicycle safety. Section 5.12, Transportation and Traffic, of
the DEIR analyzes the project’s potential impact to transit, bicycles, and pedestrians. An
enhanced pedestrian entrance to the project site would be provided from Los Rios Street,
connecting to the current River Street. Historical depiction boards would also be located
in this area, providing a logical pedestrian transition from the O’Neill Museum, which
abuts the eastern site boundary. As part of the project, vehicular traffic along River Street
would be prohibited by the use of split-rail fencing to be placed just east of the
intersection with Paseo Adelanto, as well as retractable bollards in the northeastern end
of the project site where River Street intersects Los Rios Street. River Street would be
transitioned from the existing asphalt paved street to a decomposed granite path. An
enhanced pedestrian path to the proposed common area and buildings would be provided
between the Farmstead and Red Barn—the path would connect to the decomposed
granite path of the former River Street. Patrons would also be able to safely and
conveniently walk from the parking areas to the common area and buildings via the
decorative aggregate paving of the parking areas. Additionally, a new public sidewalk
would be constructed along Paseo Adelanto. Americans With Disabilities Act (ADA)-
compliant parking and access pathways would be provided throughout the site.
Additionally, the development would provide sufficient right-of-way along Paseo Adelanto
and River Street to accommodate bicyclists and access to Trabuco Creek Trail. Therefore,
the project would enhance pedestrian and bicycle connectivity and safety, and no impact
would occur.
A2-4 Caltrans requires an encroachment permit for any work in the vicinity of the State
Highway System. An encroachment permit for this project would not be required, because
the project would not impact or require improvements to Caltrans facilities.
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A2-5 The City will continue to keep Caltrans informed of the project and future development
which could impact its facilities.
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LETTER A3– Orange County Fire Authority (2 pages)
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A3. Response to Comments from Orange County Fire Authority, dated March 18, 2019.
A3-1 The following discussion has been revised to reflect the commenter’s update on the
number of battalions within the Orange County Fire Authority (OCFA). As
acknowledged by OCFA, this update does not impact the project area. The update is also
reflected in Section 3.2 of this FEIR.
Stations, Apparatus, and Staff
The Orange County Fire Authority (OCFA) provides fire protection and emergency
medical services to the City of San Juan Capistrano. OCFA’s Operations Department is
organized into nine 10 battalions; the project site is in the service area of Battalion 6,
which extends from the City of Laguna Beach south to the City of San Clemente and
inland eastward nearly to the east County boundary. OCFA Battalion 6 includes nine fire
stations. Two other agencies operate fire stations in Battalion 6’s territory: the Laguna
Beach Fire Department operates four fire stations, and the Cleveland National Forest
operates the San Juan Hot Springs Fire Station (OCFA 2018).
A3-2 Comment acknowledged. The proposed site plan would also be submitted to the Orange
County Fire Authority (OCFA) to ensure compliance with OCFA standard conditions. As
discussed under Impact 5.11-1 of the DEIR, the proposed project would be required to
meet all applicable requirements of the California Fire Code, the California Health and
Safety Code, and California Building Codes related to construction, access, water mains,
fire flows, fire hydrants, and other fire suppressant systems (e.g., fire sprinkler systems).
With the incorporation of these standard conditions and regulatory requirements, impacts
would be less than significant.
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LETTER A4 – Orange County Public Works (2 pages)
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A4. Response to Comments from Orange County Public Works, dated March 15, 2019.
A4-1 The following table has been revised to reflect the commenter’s clarification pertaining to
the agency responsible for issuing the National Pollution Discharge Elimination Permit
for future construction activities. The update is also reflected in Section 3.2 of this FEIR.
Lead Agency Action
San Juan Capistrano City Council
x Certification of the EIR
x Adoption of the Specific Plan Amendment to the Los Rios Specific Plan
x Adoption of a General Plan Amendment (GPA 18-002)
x Adoption of a Code Amendment (CA 16-003)
x Approval of Architectural Control (AC 16-029)
x Approval of a Grading Plan Modification (GPM 16-014)
x Approval of Flood Plain Land Use Permit (FP 16-003)
x Approval of Tree Removal Permit (TRP 16-047)
x Approval of Site Plan Review (SPR 16-007)
x Approval of Sign Program (SP 16-037)
x Approval of Development Agreement (DA 18-002)
Responsible Agencies Action
Santa Ana Regional Water Quality Control Board
San Diego Regional Water Resources Control
Board
x Issuance of a National Pollution Discharge Elimination System Permit (NPDES)
for future construction activities
Orange County Flood Control x Encroachment permit within OCFCD right-of-way
x Right-of-way easement for street improvements on Paseo Adelanto
Federal Emergency Management Agency (FEMA) x Conditional Letter of Map Revision/Letter of Map Revision (CLOMR-F/LOMR)
approval process.
A4-2 Per clarification provided by the commenter, references to “South Orange County MS4
Permit” throughout Section 5.8 of the DEIR has been updated to “San Diego Regional
MS4 Permit.” The revisions are shown in Section 3.2 of this FEIR.
A4-3 The City acknowledges the weblink resource provided by the commenter regarding where
to obtain educational materials regarding nonstructural source best management practices.
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LETTER A5 – Orange County Transportation Authority (1 page)
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A5. Response to Comments from Orange County Transportation Authority (OCTA), dated March
12, 2019.
A5-1 Per the commenters request, Figures 3-2, Local Vicinity, and 3-3, Aerial Photograph of the
DEIR have been updated to identify the Amtrak/Metrolink Station and tracks adjacent to
Los Rios Street. Note that Figure 3-4, OCTA Transit Routes, in the Traffic Impact
Analysis Report shows the San Juan Capistrano Station and the railroad tracks, hence no
changes to report are required.
A5-2 The proposed project does not receive direct rail services and therefore does not have the
potential to increase or decrease the number of Metrolink and Amtrak trains accessing
the San Juan Capistrano train station. The frequency and number of trains accessing the
San Juan Capistrano station are under the exclusive control of Metrolink and Amtrak. The
proposed project is not the size or type of project that could increase the number of
trains. Therefore, the project does not add to or have the potential to exacerbate any
secondary impacts, if any, occurring on City intersections and roadways as a result of the
at-grade crossings.
However, per the commenters request, a Synchro assessment, utilizing SimTraffic
software, has been prepared to simulate the effects of the existing queue cutter signals
and gate closures at the at-grade rail crossing along Del Obispo Street for Existing,
Existing Plus Project, and Existing Plus Project Plus Cumulative (Year 2020) traffic
conditions (see Tables A5-1 – A5-3).
Table A5-1 Existing Traffic Conditions Del Obispo Street Queuing Assessment (Synchro Operations)
Key Ramp Intersection
(1)
Existing Traffic Conditions
Estimated
Storage
Provided
(feet)
AM Peak Hour PM Peak Hour
Max.
Queue1
Adequate
Storage
(Yes / No)
Max.
Queue
Adequate
Storage
(Yes / No) (feet) (feet)
1.
Railroad Crossing at Del Obispo Street
Eastbound Through Lane 3552 376 No 367 No
Westbound Through Lane 3153 374 No 474 No
Source: LLG 2019.
1 Queue is based on the 95th Percentile Queue and is reported in total queue length (feet).
2 The estimated storage provided is measured along the eastbound direction of Del Obispo Street from the east leg crosswalk at the
intersection of Paseo Adelanto at Del Obispo Street to the railroad stop bar (355 feet).
3 The estimated storage provided is measured along the westbound direction of Del Obispo Street from the west leg crosswalk at the
intersection of Camino Capistrano at Del Obispo Street to the railroad stop bar (350 feet), excluding the 35 foot “Do Not Block” buffer at
the El Adobe Plaza driveway (i.e. 350 ft – 35 ft = 315 ft).
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Table A5-2 Existing Plus Project Traffic Conditions Del Obispo Street Queuing Assessment (Synchro
Operations)
Key Ramp Intersection
(1)
Existing Plus Project
Traffic Conditions
Estimated
Storage
Provided
(feet)
AM Peak Hour PM Peak Hour
Max.
Queue1
Adequate
Storage
(Yes / No)
Max.
Queue
Adequate
Storage
(Yes / No) (feet) (feet)
1.
Railroad Crossing at Del Obispo Street
Eastbound Through Lane 3552 387 No 382 No
Westbound Through Lane 3153 393 No 484 No
Source: LLG 2019.
1 Queue is based on the 95th Percentile Queue and is reported in total queue length (feet).
2 The estimated storage provided is measured along the eastbound direction of Del Obispo Street from the east leg crosswalk at the
intersection of Paseo Adelanto at Del Obispo Street to the railroad stop bar (355 feet).
3 The estimated storage provided is measured along the westbound direction of Del Obispo Street from the west leg crosswalk at the
intersection of Camino Capistrano at Del Obispo Street to the railroad stop bar (350 feet), excluding the 35 foot “Do Not Block” buffer at
the El Adobe Plaza driveway (i.e. 350 ft – 35 ft = 315 ft).
Table A5-3 Existing Plus Project Plus Cumulative (Year 2020) Traffic Conditions Del Obispo Street
Queuing Assessment (Synchro Operations)
Key Ramp Intersection
(1)
Existing Plus Project
Plus Cumulative (Year 2020)
Traffic Conditions
Estimated
Storage
Provided
(feet)
AM Peak Hour PM Peak Hour
Max.
Queue1
Adequate
Storage
(Yes / No)
Max.
Queue
Adequate
Storage
(Yes / No) (feet) (feet)
1.
Railroad Crossing at Del Obispo Street
Eastbound Through Lane 3552 393 No 411 No
Westbound Through Lane 3153 365 No 470 No
Source: LLG 2019.
1 Queue is based on the 95th Percentile Queue and is reported in total queue length (feet).
2 The estimated storage provided is measured along the eastbound direction of Del Obispo Street from the east leg crosswalk at the
intersection of Paseo Adelanto at Del Obispo Street to the railroad stop bar (355 feet).
3 The estimated storage provided is measured along the westbound direction of Del Obispo Street from the west leg crosswalk at the
intersection of Camino Capistrano at Del Obispo Street to the railroad stop bar (350 feet), excluding the 35 foot “Do Not Block” buffer at
the El Adobe Plaza driveway (i.e. 350 ft – 35 ft = 315 ft).
As shown in Table A5-1, the queues at the at-grade rail crossing along Del Obispo Street
all currently exceed the storage provided. A comparison of Table A5-1 to Table A5-2
shows that the project contributes less than one vehicle to the existing queues. The
addition of less than one vehicle to existing queues would not result in a significant impact
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to the at-grade crossing, which is addressed through traffic management and safety
measures.
As part of on-going traffic management operations, the City of San Juan Capistrano
Public Works Department regularly monitors City intersections and roadway segments,
including potential queuing that may result from trains traveling through the Del Obispo
at-grade crossing. The City’s regular and on-going monitoring has resulted in a number of
traffic management improvements over the years.
The primary improvement that was implemented to prevent traffic queuing on the Del
Obispo at-grade Crossing is the installation of subsurface queue cutter technology. The
queue cutter technology consists of subsurface sensors located at (i) Del Obispo Street
and Camino Capistrano and (ii) Del Obispo Street and Paseo Adelanto. When vehicles
are detected by the sub-surface sensors on one of the downstream intersections, a traffic
signal controller unit determines that a restriction in free traffic flow exists. Once that
restriction is detected, the queue cutter signal on the east- and westbound sides of the Del
Obispo at-grade Crossing changes from “green” to “red.” The queue cutter technology
prevents traffic queuing the crossings protecting public health and safety.
Train crossings at the Del Obispo at-Grade Crossing, queue cutter activation, and traffic
congestion can have secondary effects on intersection and roadway segment function.
However, train activity occurring at the at-grade crossings occurs throughout the day and
is not concentrated at peak hour. There are approximately three train crossings that occur
during the AM peak hour and four during the PM peak hour. In addition, the project itself
does not create any additional demands for train service, and thus does not contribute to
any new significant impacts related to queueing resulting from train activity at the Del
Obispo at-grade crossing. Finally, the addition of a relatively small amount of project-
related peak hour trips (152 AM and 176 PM) will not have any additional significant
impact on queuing resulting from at-grade rail crossings.
A5-3 The commenter states that the project design should consider any safety issues relative to
the adjacent at-grade crossing at Del Obispo. The project’s potential impact on transit
were addressed in Section 5.12, Transportation and Traffic, of the DEIR, and no significant
impacts to transit facilities were identified. The project will provide sidewalks along its
frontage from where the pedestrians can assess the crosswalk located at Del
Obispo/Railroad crossing. It should be noted that according to OCTA, the at-grade
crossing at Del Obispo is part of the “Quiet Zone” which is defined as a section of rail
line at least one half mile in length containing one or more consecutive public highway-
rail grade crossings at which locomotive horns are not routinely sounded. Additional
supplemental safety measures have been implemented at the at-grade crossing as required
by the Public Utilities Commission (PUC) and the Federal Railroad Administration (FRA)
and are listed below:
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xx Installation of pedestrian treatments, including automatic pedestrian gates and
emergency exist gates, detectable warning strips, handrails and fencing on all sidewalk
approaches;
x Installation of west side raised median and modification of east side median;
x Installation of curb and median mounted active warning devices in the southeast and
northwest quadrant;
x Installation of queue-cutter traffic signal for eastbound and westbound traffic;
x Pavement markings and signage in compliance with California Manual on Uniform
Traffic Control Device.
A5-4 Refer to response to Comments A5-2 and A5-3. The proposed project would not result
in significant impacts at Del Obispo adjacent to the rail crossing.
A5-5 Comment acknowledged. The City will continue to communicate with OCTA throughout
the process.
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LETTER A6 – South Coast Air Quality Management District (3 pages)
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A6. Response to Comments from South Coast Air Quality Management District, dated March 13,
2019.
A6-1 The City acknowledges the overview of the project description, air quality analysis,
mitigation measures included to reduce potential air quality impacts, and the significance
determinations as summarized by the commenter to be correct.
A6-2 Commenter states that “CEQA requires all feasible mitigation measures that go beyond
what is required by law be utilized to minimize or eliminate any significant adverse air
quality impacts.” CEQA requires the lead agency to identify feasible mitigation measures
that will avoid or substantially lessen a project’s significant effects. DEIR mitigation
measures AQ-1 through AQ-3 were incorporated into the project to reduce construction-
related regional and localized air quality impacts to less than significant levels. As detailed
in Section 5.2, Air Quality, of the DEIR, air quality impacts would be reduced to less than
significant following incorporation of mitigation measures.
A6-3 Commenter recommended additional mitigation measures to further reduce construction-
and operation-related air quality impacts. As stated in the response to Comment A6-2,
mitigation measures AQ-1 through AQ-3 were prescribed to reduce construction-related
regional and localized air quality impacts to less than significant levels. Per CEQA
Guidelines Section 15126.4(a)(4), “mitigation measures must be ‘roughly proportional’ to
the impacts of the project.” Because mitigation measures AQ-1 through AQ-3 are shown
to suffice in reducing potential construction-related impacts to less than significant levels,
no additional measures to further reduce construction-related emissions are necessary. In
regard to prescribing operation-related mitigation measures, because no potentially
significant operation-related air quality impacts were found for the proposed project,
mitigation measures are not required pursuant to CEQA Guidelines Section 15126.4(a)(3),
which states that “mitigation measures are not required for effects which are not found to
be significant.” Additionally, some of the measures identified by the commenter have been
addressed in other topical areas of the DEIR. For example, mitigation measure TR-1
requires the preparation of a Construction Traffic Management Plan.
A6-4 The requirements of the California Public Resources Code Section 21092.5(a) and CEQA
Guidelines Section 15088(b) as presented by the commenter are acknowledged. Responses
have been provided to the comments made by the commenter (See responses to
Comments A6-1 through A6-3).
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LETTER A7 – South Coast Water District (1 page)
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A7. Response to Comments from South Coast Air Quality Management District, dated March 13,
2019.
A7-1 The City acknowledges the commenter’s statement regarding the proposed project being
outside of the South Coast Water District boundaries.
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LETTER A8 – State of California, Governor’s Office of Planning and Research (3 pages)
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A8. Response to Comments from State of California, Governor’s Office of Planning and Research
(OPR), dated March 18, 2019.
A8-1 This comment letter acknowledges that the City has complied with the legal public review
requirements and provides a comment letter sent by Caltrans. Responses to the Caltrans
letter are provided in response to Comments A2-1 through A2-5. No further response is
required.
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LETTER R1 – Chris Connolly (3 pages)
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R1. Response to Comments from Chris Connolly, dated March 18, 2019.
R1-1 The City acknowledges the concern of the commenter regarding traffic and congestion.
As analyzed in Section 5.12, Transportation and Traffic, project-related traffic impacts were
determined to be either less than significant (Impacts 5.12-1, 5.12-2, 5.12-4, and 5.12-6)
or would be reduced to a less than significant level with incorporation of mitigation
(Impacts 5.12-3 and 5.12-5). As discussed in Impact 5.12-1, it was determined that
implementation of the proposed project would not significantly impact the level of
service for intersections in the study area. As discussed under Impacts 5.12-3 and 5.12-5,
potentially significant impacts were identified related to construction traffic and off-site
queuing. However, as discussed in Sections 5.12.7 and 5.12.8 of the DEIR,
implementation of Mitigation Measures TR-1 and TR-2, which would require preparation
of a Construction Traffic Management Plan and improvements to the Paseo Adelanto
and Del Obispo Street intersection, respectively, would reduce Impacts 5.12-3 and 5.12-5
to less than significant.
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LETTER R2 – Amy Dickinson (3 pages)
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R2. Response to Comments from Amy Dickinson, dated January 30, 2019.
R2-1 The commenter’s stated belief is acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project.
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LETTER R3 – Gail Fayad (2 pages)
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R3. Response to Comments from Gail Fayad, dated March 15, 2019.
R3-1 The commenter’s statements are acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project. Section 5.4, Cultural Resources, of the DEIR provides a detailed
analysis of the project’s potential to impact historical structures and districts in the study
area. The proposed project would not result in impacts to any historical resources,
including the Los Rios Street Historic District and Mission San Juan Capistrano.
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LETTER R4 – Kathleen Forster (1 page)
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R4. Response to Comments from Kathleen Forster, dated March 10, 2019.
R4-1 The commenter’s statements are acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project.
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LETTER R5 – Corinna Henson (1 page)
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R5. Response to Comments from Corinna Henson, dated February 1, 2019.
R5-1 Section 5.4, Cultural Resources, discusses potential impacts to archaeological and
paleontological resources on-site. As discussed under Impacts 5.4-2 and 5.4-3, the project
site is considered a Sensitive Area for prehistoric, ethnohistoric, and historic-era cultural
resources. Construction activities could potentially uncover and significantly impact
archaeological and paleontological resources. However, as discussed under Sections 5.4.7
and 5.4.8 of the DEIR, implementation of Mitigation Measures CUL-1 and CUL-2, which
would require the presence of archaeological and paleontological monitors, respectively,
would ensure that any uncovered resources would be properly treated.
The concern of the commenter regarding traffic on Del Obispo Street is noted. As
discussed in Impact 5.12-1, it was determined that implementation of the proposed
project would not significantly impact the level of service for intersections in the study
area. As discussed under Impact 5.12-5, potentially significant impacts were identified
related to off-site queuing at the intersection of Paseo Adelanto and Del Obispo Street.
However, as discussed in Sections 5.12.7 and 5.12.8 of the DEIR, implementation of
Mitigation Measure (MM) TR-2, which would require improvements to the Paseo
Adelanto and Del Obispo Street intersection would reduce Impact 5.12-5 to less than
significant. An improvement under MM TR-2 includes restriping the eastbound approach
on Del Obispo Street.
R5-2 The commenter’s statements regarding temporary impacts area and project benefits are
acknowledged and included in the official environmental record of the proposed project.
The City will take all comments under consideration prior to a decision on the project.
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LETTER R6 – Charlotte Kessy (1 page)
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R6. Response to Comments Charlotte Kessy, dated February 11, 2019.
R6-1 The commenter’s statements are acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project. Regarding parking, as discussed on page 3-20 and shown on
Figure 3-4 of the DEIR, the proposed project would provide 292 parking spaces in the
western and southern areas of the buildings. The proposed project would also provide
either 23 angled or 15 parallel on-street parking spaces adjacent to the project site along
Paseo Adelanto.
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LETTER R7 – Michael Laux (14 pages)
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R7. Response to Comments from Michael Laux, dated March 18, 2019.
R7-1 The types of proposed land uses are described in Section 3.3.2.1 of the DEIR. While the
specific tenants are still being determined, Table 3-2 lists the types of uses, which include
retail, office, restaurants, cafes, and a brewery among some of the land uses. The land use
designation of the project site is Specific Plan/Precise Plan (SP/PP), which applies to
areas governed by an existing specific plan or precise plan. The project site lies within the
boundaries of and is governed by the Los Rios Specific Plan (see Section 3.3 of the
DEIR). Amendments to the Los Rios Specific Plan and San Juan Capistrano General Plan
and Zoning Code are required to accommodate the proposed project. Details of the
required amendments and changes are described under Impact 5.9-1 of the DEIR (page
5.9-8). The Specific Plan Amendment was made available for public review along with the
DEIR at the City of San Juan Capistrano, Planning Division and website:
http://sanjuancapistrano.org/Departments/Development-Services/Planning-
Zoning/Environmental-Documents/River-Street-Marketplace.
R7-2 Views of the proposed project are fully analyzed under Impacts 5.1-1 and 5.1-3 of the
DEIR. Scenic vistas are panoramic views of features such as mountains, forests, the ocean,
or urban skylines. The project site is in an urban area and in the interior of a block
surrounded by other urban land uses. The most continuous scenic vista visible from the
project area is of ridgelines in southern San Juan Capistrano east of I-5. As shown in the
existing photographs on Figures 5.1-3 through 5.1-6 of the DEIR, the project site
currently provides limited views of surrounding hills and ridgelines, which are largely
obscured by surrounding buildings, trees, and vegetation. As shown in Figures 5.1-3
through 5.1-6, no panoramic view or other scenic vista would be substantially blocked by
the proposed project. Of the four views, the ridgeline views from Paseo Adelanto would
be most affected (see View B in Figure 5.1-4), however, this location of the project site
offers limited views of the surrounding ridgeline under existing conditions. Views of the
ridgeline to the south would not be affected by the proposed development; travelers
commuting Paseo Adelanto or pedestrians and cyclists traveling Trabuco Creek Trail
would continue to experience views of the ridgeline to the south and southeast.
The Los Rios Specific Plan includes guidance about preservation of views from Del
Obispo Street to surrounding hills. The Los Rios Specific Plan requires that landscaping
be used to “frame and direct” these views and screen undesirable views of land uses that
are not consistent with the area’s character. Views from the historic corridor of Del
Obispo Street would be largely unaffected due to the project site’s location behind other
land uses and slightly downslope from Los Rios Street. For example, the pedestrian’s view
toward the project site from Los Rios Street (see View A in Figure 5.1-3) would include
new buildings, trees, and landscaping, but would still offer limited views of ridgelines to
the west. Therefore, project impacts to scenic views are less than significant.
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R7-3 The DEIR analyzed air quality impacts in Section 5.2, Air Quality. As discussed under
Impacts 5.2-3 and 5.2-4, operation of the proposed project would not result in significant
regional and local air quality impacts. In Impacts 5.2-2 and 5.2-4, potentially significant
regional and localized air quality impacts related to project construction were identified.
However, as identified in Sections 5.2.7 and 5.2.8, implementation of Mitigation Measures
AQ-1 through AQ-3 would reduce project-related regional and localized construction
impacts to less than significant.
R7-4 The commenter states that construction-related noise may create night noise inconsistent
with the current zoning regulations. Although a temporary significant and unavoidable
construction-related noise impact was identified in the DEIR, per Section 9-3.531(d)(4)
of the City’s Municipal Code, construction activities are limited to daytime hours–between
7:00 AM to 6:00 PM Monday through Friday, and from 8:30 AM to 4:30 on Saturday.
Mitigation Measure N-1 would restrict construction activities to these periods and would
prohibit construction to occur on Sundays. Thus, Mitigation Measure N-1 would ensure
that the hours and days in which project-related construction activities occur, are
consistent with Section 9.3.531(d)(4) of the Municipal Code.
R7-5 Potential hazards impacts from operation of the proposed project are discussed under
Impact 5.7-1. As discussed, the proposed land uses are not the types of uses that are
generally associated with land uses (e.g., manufacturing, industrial, medical) that use,
generate, store, or transport large quantities of hazardous materials. Additionally, while
the proposed land uses may use small amounts of hazardous materials for cleaning and
maintenance, the use, storage, transport, and disposal of hazardous materials would be
governed by existing regulations of several agencies, including the US EPA, US
Department of Transportation, California Division of Occupational Safety and Health,
and Orange County EHD. Compliance with applicable laws and regulations governing the
use, storage, transportation, and disposal of hazardous materials would ensure that all
potentially hazardous materials are used and handled in an appropriate manner and would
minimize the potential for safety impacts.
R7-6 Under Impact 5.12-1, it was determined that implementation of the proposed project
would not significantly impact the level of service for intersections in the study area. As
discussed under Impact 5.12-5, potentially significant impacts were identified related to
off-site queuing at the intersection of Paseo Adelanto and Del Obispo Street. However,
as discussed in Sections 5.12.7 and 5.12.8 of the DEIR, implementation of Mitigation
Measure TR-2, which would require improvements to the Paseo Adelanto and Del Obispo
Street intersection would reduce Impact 5.12-5, as it pertains to off-site circulation, to less
than significant. Regarding emergency access, as discussed in Impact 5.12-5, the design of
on-site circulation as proposed would not restrict emergency vehicle access and
movement.
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Regarding parking, as discussed on page 3-20 and shown on Figure 3-4 of the DEIR, the
proposed project would provide 292 parking spaces in the western and southern areas of
the buildings. The proposed would also provide either 23 angled or 15 parallel on-street
parking spaces adjacent to the project site along Paseo Adelanto depending on the design
option chosen for Mitigation Measure TR-2. In general, evaluation of potential parking
impacts is outside the purview of CEQA. However, the Revised Traffic Impact Analysis
Report (TIA) (Appendix J1 of the DEIR) prepared for the proposed project includes a
parking analysis. The TIA determined that parking would be adequate on-site, and no
parking impacts/intrusions would occur at the adjacent residential streets along Paseo
Adelanto and Los Rios Street.
R7-7 The commenter provided a general concern regarding geology and soils and the
floodplain. As discussed in Section 5.5, Geology and Soils, and 5.8, Hydrology and Water
Quality, of the DEIR, implementation of the proposed project would not result in any
potentially significant impacts related to geology and soils and no mitigation measures are
necessary.
R7-8 As discussed in Section 5.8, Hydrology and Water Quality, of the DEIR the proposed project
will not overburden the water system nor would it substantially degrade water quality.
Impacts would be less than significant.
R7-9 As discussed in Section 10 of the DEIR, the proposed project would require approval of
discretionary actions, including a specific plan amendment; however, the project would
not set a precedent for future projects with similar characteristics. The Los Rios Specific
Plan was originally adopted by City Council Resolution 78-02-15-06, and amended three
times (Resolutions 99-11-16-04, 03-01-21-03, and 12-09-04-02) prior to this proposed
specific plan amendment. Approval of the proposed project would not involve a
precedent-setting action that would encourage and/or facilitate other activities that could
significantly affect the environment.
R7-10 The commenter states general concerns regarding potential construction- and operation-
related noise impacts on the surrounding neighborhood. Potential project-related
construction and operational noise impacts are discussed in Section 5.10, Noise, of the
DEIR. As discussed in the section, implementation of the proposed project would not
result in potentially significant operation-related noise impacts and no mitigation measures
are necessary. Regarding construction-related noise impacts, it was determined that
construction equipment would result in temporary significant and unavoidable impacts,
even with implementation of Mitigation Measure N-1, which would require preparation
and enforcement of a construction noise mitigation plan. However, it should be noted
that this impact would only be temporary (i.e., lasting approximately 17months) and would
only periodically impact residents adjacent to the project site’s eastern boundary, west of
Los Rios Street. All other noise impacts are less than significant.
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R7-11 Commenter states that the project does not address housing shortage. As discussed in
Section 8.10, Population and Housing, of the DEIR, there are currently no homes on the
project site and implementation of the proposed project would not displace any housing.
The proposed project would also not induce population growth. Furthermore, the project
is not zoned for residential use, therefore, the project would not take away an opportunity
to construct housing in the City.
R7-12 The commenter states a general concern regarding light pollution. Potential light and glare
impacts from the proposed project are discussed in Impact 5.14-4. As discussed, operation
of the proposed project would result in less than significant impacts in regard to light and
glare and no mitigation measures are necessary.
R7-13 The commenter states a general concern regarding potential impacts to animals. Potential
impacts to animals and habitat are discussed in Sections 5.3 and 8.3 of the DEIR. As
identified in Impact 5.3-1, tree removal during project-related construction activities could
result in potentially significant impacts active bird nests. However, as discussed in Sections
5.3.7 and 5.3.8 of the DEIR, with implementation of Mitigation Measure BIO-1, impacts
to active bird nests from project-related construction activities would be reduced to less
than significant.
R7-14 City processing of general plan amendments, zone changes, and specific plan amendments
for development projects is not uncommon. The commenter’s statement is acknowledged
and included in the official environmental record of the proposed project. The City will
take all comments under consideration prior to a decision on the project.
R7-15 As discussed in Section 5.8, Hydrology and Water Quality, of the DEIR the project is required
to comply with regulations to ensure that construction activities, including soil import
would not result in significant impacts related to erosion or siltation.
R7-16 As discussed in Section 5.8 of the DEIR. To ensure that the development would not place
structures within the 100-year flood hazard area, the finished floors of the proposed five
buildings will be elevated to a minimum elevation of 94 feet msl. Therefore, all structures
will be above the 100-year floodplain by at least 2 feet. Development within the 100-year
floodplain require the placement of fill to elevate structures one foot above the 100-year
floodplain elevation. In order for the proposed project to be considered outside of the
floodplain and no longer subject to special flood hazard requirements, the project
applicant is required to submit an application to FEMA for a Conditional Letter of Map
Revision/Letter of Map Revision (CLOMR-F/LOMR-F) after the fill has been placed.
After FEMA has revised the FIRM to show that the project is outside of the SFHA, the
minimum NFIP floodplain management standards and mandatory flood insurance
requirements would no longer apply. The City would review and approve the plans prior
to the issuance of building permits. The project applicant submitted the CLOMR-F
application to FEMA on May 31, 2018, indicating that the proposed structures would be
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elevated by fill and would not be inundated by the base flood. With elevating the lowest
floor at least as high as the depth number specified in feet on the FIRM and compliance
with Federal and local regulatory requirements, the potential to impede or redirect flood
flows would be less than significant.
R7-17 The commenter disagrees with the impact statement for Impact 5.10-2 due to the
commenter’s stated belief that the current standard is for a nursery. The impact statement
for Impact 5.10-2 states that operation of the proposed project would not result in long-
term noise that exceeds local standards. Per Section 9-3.531, Noise Standards, of the City’s
Municipal Code, the established noise standards do not place noise limits that can be
generated on a per land uses basis. Thus, it does not regulate how much a noise source
can generate by land use. Instead, the established noise standards set limits based on the
amount of noise received based on the land use district (see Tables 3-29 and 3-30 of
Section 9-3.531 of the Municipal Code). Therefore, commenter’s statement that the
current standard is specifically established for a nursery is incorrect.
R7-18 The commenter disagrees with the significance determination identified under Impact
5.12-1 in that project-related trip generation would not impact levels of service for the
existing area roadway system. As identified in Impact 5.10-2, project-related vehicle trips
would not result in a significant impact.
R7-19 Commenter’s general statement that the project would generate noise, traffic, and dirt and
dust from implementation of the proposed project is noted.
R7-20 The following discussion has been revised to reflect the correct speed limit based on the
commenter’s clarification. The update is also reflected in Section 3.2 of this FEIR.
Los Rios Street is a local residential collector (two-lane, undivided roadway) that
extends in the north-south direction, and borders the project site to the east. Parking
is permitted only on the west side of this roadway within the vicinity of the project.
The speed limit on Los Rios Street is 25 15 mph.
R7-21 The following discussion has been revised based on the commenter’s clarification. The
update is also reflected in Section 3.2 of this FEIR
Del Obispo Street is designated as a secondary arterial; however it is constructed as
a primary arterial (four-lane divided roadway) that extends more or less in the north-
south direction, south of the project site. Del Obispo Street is a four-lane divided
roadway between Ortega Highway and Aguacate and between the Vermeulen
Driveway and Pacific Coast Highway in Dana Point, but it has three two lanes (one
lane in each direction) between Aguacate Road and Vermeulen Driveway. Although
Del Obispo Street is designated as a Secondary Arterial in the City’s Circulation
Element, it functions as a six-lane facility between Camino Capistrano and Alipaz
Street due to the provision of dual left turn lanes and the added capacity at the
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signalized intersections of Camino Capistrano, Paseo Adelanto and Alipaz Street.
Nevertheless, this segment of Del Obispo Street was evaluated as a four-lane divided
arterial to provide a conservative traffic assessment. It is designated as a hot spot
between Camino Capistrano and Alipaz Street. Parking is only permitted on the
northside and southside of the roadway between Alipaz Street and Aguacate Road
within the vicinity of the project. The posted speed limit on Del Obispo Street from
Calle Aspero to Ortega Highway is 35 mph. The posted speed limit on Del Obispo
Street south of Calle Aspero is 40 mph. The study intersections of Del Obispo Street
at Camino Capistrano, Paseo Adelanto, Alipaz Street and Camino Del Avion are
controlled by traffic signals. The study intersection of Del Obispo Street at Los Rios
Street is controlled by twoone-way stop.
R7-22 The commenter’s statements about the proposed entitlements are acknowledged and
included in the official environmental record of the proposed project. The City will take
all comments under consideration prior to a decision on the project.
R7-23 Comment noted. Please refer to Section 5.10, Noise, in the DEIR.
R7-24 Hotel Capistrano is not currently controlled by the developer for the River Street
Marketplace project. Nevertheless, even if the developer were to subsequently have an
ownership interest in the Hotel Capistrano site, this alternative would not substantially
reduce the project’s impacts. Construction activities and the size of the impact area would
be the same and result in similar impacts related to air quality, biological resources, cultural
and tribal cultural resources, noise, and transportation. As stated in Section 7.3.1 of the
DEIR, substantial increases in noise levels due to construction noise would be similar to
the proposed project, because the nearest receptors in the vicinity of the Hotel Capistrano
site are the historic Egan House, within 25 feet of the project boundary, and the historic
Esslinger Building, approximately 50 feet from the project boundary. Therefore, this
alternative was eliminated from further consideration because it would not substantially
reduce significant and unavoidable adverse impacts.
R7-25 The commenter’s statement that the No Project/No Build Alternative is the superior
alternative is acknowledged and included in the official environmental record of the
proposed project. The City will take all comments under consideration prior to a decision
on the project.
R7-26 As described in Section 7.5 of the DEIR, the point of evaluating the No Project/No
Build Alternative is to compare the proposed project with a no development scenario.
Analysis of this scenario is required by CEQA Guidelines Section 15126.6(e) and evaluates
potential impacts based on the scenario the project is not approved and on the current
existing conditions of the project site.
R7-27 Commenter states that the No Project/Existing Los Rios Specific Plan Alternative
scenario is contradicted by the DEIR, but provides no specifics in support of this stated
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belief. Evaluation of the No Project/Existing Los Rios Specific Plan Alternative scenario
is included pursuant to CEQA Guidelines Section 15126.6(e)(3)(A).
R7-28 The DEIR analyzed a reasonable range of alternatives that would substantially lessen
significant effects of the project and attain most of the project objectives (CEQA
Guidelines § 15126.6). Development of a park and open space would not meet the project
objectives.
R7-29 The commenter states that the DEIR characterizes project-related noise to be equivalent
to a nursery. This is not correct and the criteria for determining whether there is a
significant noise impact is not the existing noise levels at the nursery. The proposed project
is expected to generate noise in excess of existing conditions due to the anticipated
increase in patron traffic, expanded parking facilities, and increased retail and office uses.
Noise increases would not exceed City standards therefore, impacts were determined to
be less than significant.
R7-30 The project does not propose development of housing and would not increase the
population within the City. The proposed project would increase the number of
employees on the project site. However, jobs would be expected to be filled by existing
nearby residents and would not increase the demand on existing parks or other
recreational facilities. Similarly, of the total daily trips associated with patrons, the vast
majority are expected to come from the surrounding areas since retail projects typically
re-route travel from other nearby retail destinations. Therefore, project development
would not increase use of recreational facilities, such that substantial physical deterioration
of the facility would occur or be accelerated and no impact would occur.
R7-31 Impact 5.12-5 in the DEIR evaluated the potential for impacts related to emergency access
and evacuation. As discussed, the proposed project would not restrict emergency access
because there is adequate: 1) site access; 2) queuing at the driveway throat lengths; 3)
turning radii for passenger vehicles, delivery/service/trash trucks, or fire trucks; and 4)
sight distance.
The City of San Juan Capistrano has an emergency preparedness plan that designates
procedures to be followed in a major emergency. The plan identifies resources available
for emergency response and establishes coordinated action plans for specific emergency
situations and disasters, including earthquakes, fires, major rail and roadway accidents,
flooding, hazardous materials incidents, civil disturbance, and nuclear disasters and attack.
Project construction and operation would not block emergency evacuation routes, such
as by construction staging or stockpiling soil or other materials. The construction of
internal circulation and dedicated emergency access along the eastern boundary of the
site would allow better access and circulation in the project vicinity during an emergency.
Project-related traffic would not adversely impact the City-designated evacuation route
because the project would not exceed LOS thresholds as demonstrated under Impact 5.12-
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1, of the DEIR. The project would not impede with evacuation in the event of an
emergency or natural disaster; and impacts are less than significant
R7-32 The comment is acknowledged and included in the official environmental record of the
proposed project. The City will take all comments under consideration prior to a decision
on the project.
R7-33 The existing Specific Plan is not an obstacle to growth because it permits low density
commercial development. Therefore, the specific plan amendment would not remove an
obstacle to growth but would redefine the allowed type and intensity of land uses.
R7-34 The comment is acknowledged and included in the official environmental record of the
proposed project. The City will take all comments under consideration prior to a decision
on the project. However, it should be noted that the project will not create urban decay
impacts. Urban decay can occur where large big box format discount retailers (e.g.,
WalMart) come into a market place and undercut local independent merchants. The City’s
downtown and the River Street Marketplace provide intimate artisanal retail and dining
offerings that do not compete with but rather complement each other. The project will
not create or contribute to urban decay.
R7-35 The comment is acknowledged and included in the official environmental record of the
proposed project. The City will take all comments under consideration prior to a decision
on the project.
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LETTER R8 – Joanne Marquez (1 page)
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R8. Response to Comments from Joanne Marquez, dated February 4, 2019.
R8-1 The commenters statements are acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project.
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LETTER R9 – Kim McCarthy (3 pages)
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R9. Response to Comments from Kim McCarthy, dated March 18, 2019.
R9-1 The commenters statements are acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project.
R9-2 Views of the proposed project area fully analyzed under Impacts 5.1-1 and 5.1-3 of the
DEIR. Scenic vistas are panoramic views of features such as mountains, forests, the ocean,
or urban skylines. The project site is in an urban area and in the interior of a block
surrounded by other urban land uses. The most continuous scenic vista visible from the
project area is of ridgelines in southern San Juan Capistrano east of I-5. As shown in the
existing photographs on Figures 5.1-3 through 5.1-6 of the DEIR, the project site
currently provides limited views of surrounding hills and ridgelines, which are largely
obscured by surrounding buildings, trees, and vegetation. As shown in Figures 5.1-3
through 5.1-6, no panoramic view or other scenic vista would be substantially blocked by
the proposed project. Of the four views, the ridgeline views from Paseo Adelanto would
be most affected (see View B in Figure 5.1-4), however, this location of the project site
offers limited views of the surrounding ridgeline under existing conditions. Views of the
ridgeline to the south would not be affected by the proposed development; travelers
commuting Paseo Adelanto or pedestrians and cyclists traveling Trabuco Creek Trail
would continue to experience views of the ridgeline to the south and southeast.
The Los Rios Specific Plan includes guidance about preservation of views from Del
Obispo Street to surrounding hills. The Los Rios Specific Plan requires that landscaping
be used to “frame and direct” these views and screen undesirable views of land uses that
are not consistent with the area’s character. Views from the historic corridor of Del
Obispo Street would be largely unaffected due to the project site’s location behind other
land uses and slightly downslope from Los Rios Street. For example, the pedestrian’s view
toward the project site from Los Rios Street (see View A in Figure 5.1-3) would include
new buildings, trees, and landscaping, but would still offer limited views of ridgelines to
the west. Therefore, project impacts to scenic views are less than significant.
R9-3 Story poles will not be installed on site or included in the EIR; please refer to Impacts 5.1-
1 and 5.1-3 of the DEIR for the projects impacts on scenic vistas and visual character of
the site and surrounding area. Impacts were determined to be less than significant. The
commenters statements are acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project.
R9-4 Specific project design features are described in detail in Section 3, Project Description, of
the DEIR and a summary of impacts and mitigation measures are provided in Table 1-1.
Additionally, potential project-related impacts and mitigation measures needed to reduce
impacts pertaining to noise is discussed in Section 5.10, Noise, of the DEIR. The noise
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section also includes a discussion on potential vibration-induced architectural damage
from operation of off-road equipment used for construction of the proposed project.
Details regarding potential impacts pertaining to fumes and air quality and mitigation
measures needed to reduce impacts are discussed Section 5.2, Air Quality, of this DEIR.
Impact 5.11-2 discusses how implementation of the proposed project would impact the
demand for police protection services.
R9-5 The types of proposed land uses are described in Section 3.3.2.1 of the DEIR. While the
specific tenants are still being determined, Table 3-2 lists the types of uses, which include
retail, office, restaurants, cafes, and a brewery among some of the proposed land uses.
R9-6 The commenter’s statements related to the Mayor’s statements, are acknowledged and
included in the official environmental record of the proposed project. The City will take
all comments under consideration prior to a decision on the project.
Section 5.4, Cultural Resources, of the DEIR provided a detailed analysis of the project’s
potential to impact historical structures and districts in the study area. The proposed
project would not result in impacts to any historical resources, including the Los Rios
Street Historic District. With respect to the CEQA documentation, the notice for the
Notice of Preparation, Scoping Meeting, and DEIR was provided as required by CEQA.
A notice announcing the availability (NOA) of the EIR was published in the Orange
County Register, posted on the City of San Juan Capistrano website, and a direct mailer
was provided to the property owners within 1,000 feet of the project site.
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LETTER R10 – Carolyn Nash (2 pages)
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R10. Response to Comments from Carolyn Nash, dated March 6, 2019.
R10-1 The project applicant has submitted an application for several entitlements as described
in Chapter 3, Project Description, of the DEIR. Prior to approval of a project under CEQA,
the environmental impacts of the project must be disclosed. The City Council has not yet
made a decision on the project. This FEIR is being prepared to respond to comments on
the DEIR and to disclose any changes made to the DEIR. The FEIR will be presented to
the City of San Juan Capistrano for potential certification as the environmental document
for the project and to decide whether to approve the proposed project.
R10-2 The comment is acknowledged and included in the official environmental record of the
proposed project. The City will take all comments under consideration prior to a decision
on the project.
R10-3 The EIR was written to disclose the environmental impacts of the River Street
Marketplace Project, including the Specific Plan Amendment and other entitlements
required to approve the project.
R10-4 The commenter states that several sections of the DEIR are not compatible with the Los
Rios area. This comment is addressed in the responses to Comments R10-5 through R10-
14.
R10-5 The commenter asks why the project’s square footage, zoning, mass, and height is being
proposed for the site. The proposed project and objectives for the site are provided in
Chapter 3, Project Description, of the DEIR. The purpose of the DEIR is to analyze and
disclose the environmental impacts associated with the project being proposed.
R10-6 The commenter asks why the project allows reduced setbacks. This statement is incorrect.
The proposed specific plan amendment replaces the Low Density Commercial (LDC)
District development standards in the Los Rios Specific Plan (see Los Rios Specific Plan,
B. Base District Regulations, 2., LDC District) with the Commercial Core Planning Area.
The specific plan amendment requires a minimum 25-foot eastern setback (see Los Rios
Specific Plan Amendment, Development Regulations, Table 3.6-2), which is equivalent to
the LDC rear yard setback of 25 feet.
Buildings were placed on the east side of the property to shield residents along Los Rios
Street from noise related to the parking lot (e.g. doors slamming, alarms), truck deliveries,
and other visitor activities.
R10-7 Project-related impacts pertaining to noise, light and glare, and traffic are discussed in
Sections 5.10, 5.1, and 5.12 of the DEIR, respectively.
R10-8 The project’s consistency with the Los Rios Specific Plan is provided in Table 5.1-1 and
5.4-2. As demonstrated, the proposed project would be consistent with the Los Rios
Specific Plan.
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R10-9 The proposed project does not need on-street parking to satisfy its parking requirement.
The proposed project would provide approximately 292 parking spaces on-site and may
include additional on-street parking. A parking analysis was conducted as part of the
Traffic Impact Analysis Report) Appendix J1 of the DEIR. As shown in Table 19-1 of
the Traffic Impact Analysis Report, the City Code parking requirement (Municipal Code
Section 9-3.535) for the proposed project is 264 parking spaces. The results of the parking
analysis indicate that the proposed project would provide a parking surplus and the on-
site supply will be sufficient to accommodate the project’s peak demand parking supply
needs.
R10-10 The project has not yet been approved. The purpose of the DEIR is to disclose the
environmental impacts of the project. This is one tool that the City Council will use to
determine whether or not to approve the project. However, the comment is acknowledged
and included in the official environmental record of the proposed project. The City will
take all comments under consideration prior to a decision on the project.
R10-11 The commenter asks how the addition of 5,400 daily vehicle trips will affect residents that
use Paseo Adelanto. The proposed project is forecast to generate 2,711 daily vehicle trips,
not 5,400. As analyzed in Section 5.12, Transportation and Traffic, project-related traffic
impacts were determined to be either less than significant (Impacts 5.12-1, 5.12-2, 5.12-4,
and 5.12-6) or would be reduced to a less than significant level with incorporation of
mitigation (Impacts 5.12-3 and 5.12-5). As discussed in Impact 5.12-1, it was determined
that implementation of the proposed project would not significantly impact the level of
service for intersections in the study area. As discussed under Impacts 5.12-3 and 5.12-5,
potentially significant impacts were identified related to construction traffic and off-site
queuing. However, as discussed in Sections 5.12.7 and 5.12.8 of the DEIR,
implementation of Mitigation Measures TR-1 and TR-2, which would require preparation
of a Construction Traffic Management Plan and improvements to the Paseo Adelanto
and Del Obispo Street intersection, respectively, would reduce Impacts 5.12-3 and 5.12-5
to less than significant.
R10-12 As analyzed in Section 5.8, Hydrology and Water Quality, of the DEIR, a portion of the
project site is within the floodplain at an elevation of approximately 92 feet mean sea level
(msl). To ensure that the development would not place structures within the 100-year
flood hazard area, the finished floors of the proposed five buildings will be elevated to a
minimum elevation of 94 feet msl. Therefore, all structures will be above the 100-year
floodplain by at least 2 feet. This ensures that the project is consistent with the City’s
Municipal Code Chapter 8-11, Floodplain Management Regulations and impacts related
to flood hazards is less than significant.
R10-13 The commenter’s statements are acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project. Section 5.4, Cultural Resources, of the DEIR provided a detailed
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analysis of the project’s potential to impact historical structures and districts in the study
area. The proposed project would not result in impacts to any historical resources,
including the Los Rios Historic District.
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LETTER R11 – Allan and Claudia Niccola (3 pages)
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R11. Response to Comments from Allan and Claudia Niccola, dated March 15, 2019.
R11-1 The commenter’s opening remarks are acknowledged and included in the official
environmental record of the proposed project. The City will take all comments under
consideration prior to a decision on the project.
R11-2 As demonstrated in Section 5.1, Aesthetics, of the DEIR, the proposed project has been
designed to be compatible with the surrounding area, particularly with respect to the
adjacent Los Rios District. Views along the eastern edge of the development adjacent to
the Los Rios District (see in Figures 5.1-3 and 5.1-5) demonstrate that the size, massing,
design and setbacks do not impact the character of the Los Rios District or overwhelm
the surrounding development. The project would not substantially degrade the visual
quality and impacts are less than significant.
R11-3 The commenter is correct that some of the land uses are proposed to be open until 11:00
p.m. As discussed in Section 5.10, Noise, Page 5.10-20 of the DEIR, the site layout is
designed in such a way so that most outdoor patron activity would be near the central
courtyard area and parking activities would be within the western and southern portions
of the site. The proposed buildings are expected to provide considerable shielding
between the majority of patron and parking activities and residences to the east. No
outdoor amplified sound is proposed as part of the project. Truck delivery noise is
analyzed on Page 5.10-21 of the DEIR and the truck delivery route would occur at the
west and south ends of the project site. Noise generated by normal operations would not
be notably different from existing conditions in and around the proposed area of
improvements and would not result in a significant impact.
R11-4 The commenter states that the intersection of Paseo Adelanto at Del Obispo Street is an
impacted intersection. However, based on Traffic Impact Analysis Report’s findings
detailed in Tables 8-1, 8-2, 9-1, 12-1, 12-2, and 13-1 (Appendix J1 of the DEIR), the
intersection of Paseo Adelanto at Del Obispo Street is forecast to continue to operate at
acceptable levels of service (LOS) based on the City of San Juan Capistrano’s LOS criteria.
Furthermore, this intersection is not impacted based on the City’s significant impact
criteria.
In addition, based on the queuing analysis conducted for the intersection of Paseo
Adelanto at Del Obispo Street, the project would be required to implement Mitigation
Measure TR-2 to enhance vehicular stacking for the eastbound-left turn movement
providing ingress to the project site, and ensuring that adequate storage is provided for
the southbound approach and vehicles will not queue beyond the project driveway along
Paseo Adelanto (see Section 5.12.8 of the DEIR). Impacts to through traffic on Paseo
Adelanto and Del Obispo Street would be less than significant.
Finally, the City understands that drivers may experience congestion during the typical
peak hours, however, the proposed project is anticipated to add at the most 1 vehicle per
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minute directionally at any one roadway segment during any peak hour (see Figures 5-2
and 5-3 in Appendix J1), further validating that nominal traffic impacts that will be
generated by the proposed project. As shown in Figures 5-2 and 5-3, the project adds 32
outbound AM peak hour trips and 38 outbound PM peak hour trips to Del Obispo
between Paseo Adelanto and Camino Capistrano. Similarly, the project adds 50 inbound
AM peak hour trips and 57 inbound PM peak hour trips to Del Obispo between Paseo
Adelanto and Camino Capistrano.
R11-5 Deliveries required for the proposed project were accounted for and analyzed in the traffic
analysis and throughout the DEIR. See also response to Comment R11-4.
R11-6 A parking analysis was conducted as part of the Traffic Impact Analysis Report) Appendix
J1 of the DEIR. As shown in Table 19-1 of the Traffic Impact Analysis Report, the City
Code parking requirement (Municipal Code Section 9-3.535) for the proposed project is
264 parking spaces. The results of the parking analysis indicate that the proposed project
would provide a parking surplus and the on-site supply will be sufficient to accommodate
the project’s peak demand parking supply needs.
R11-7 The commenter’s statement regarding use of the old Solag Disposal space for parking is
acknowledged and included in the official environmental record of the proposed project.
The City will take all comments under consideration prior to a decision on the project.
R11-8 The project is not proposing to close Los Rios Street.
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LETTER R12 – Jerry Nieblas (2 pages)
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R12. Response to Comments from Jerry Nieblas, dated January 30, 2019.
R12-1 The commenter’s statement of support is acknowledged and included in the official
environmental record of the proposed project. The City will take all comments under
consideration prior to a decision on the project.
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LETTER R13 – Stephen Rice (1 page)
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R13. Response to Comments from Stephen Rice, dated February 8, 2019.
R13-1 The commenter states that existing (non-project) traffic that has missed Camino
Capistrano to get to downtown area is utilizing Via Tonada to get back onto Del Obispo
Street. Review of the project’s trip distribution pattern (see Figure 5.12-5 of the DEIR)
indicates that no project traffic is anticipated to utilize Via Tonada. It is anticipated that
some inbound/outbound project traffic will utilize Alipaz Street, however, no project trips
will go in/out of Via Tonada. Therefore, no changes to the Traffic Impact Analysis Report
are recommended.
It should be noted that this is an existing issue and the City shall work with Homeowners
along Via Tonada to address this traffic issue to prevent any future public traffic from
utilizing Via Tonada by means of additional signage and/or striping along Alipaz Street
and Via Tonada.
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LETTER R14 – Jeff Vasquez (12 pages)
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R14. Response to Comments from Jeff Vasquez, dated March 18, 2019.
R14-1 Potential project-related impacts and mitigation measures needed to reduce impacts
pertaining to aesthetics, noise, odors/air quality, and crime are provided in Sections 5.1,
Aesthetics, 5.10, Noise, 5.2, Air Quality, and 5.11, Public Services, of the DEIR, respectively.
Impact 5.11-2 discusses how implementation of the proposed project would impact the
demand for police protection services.
R14-2 The DEIR incorporates and evaluates mitigation measures for impacts on the
environment determined to be potentially significant. Impacts and mitigation measures
are summarized on Table 1-1 of the DEIR.
R14-3 No outdoor amplified sound is proposed as part of the project. As discussed in Section
5.10, Noise, Page 5.10-20, the site layout is designed in such a way so that outdoor patron
activity would be near the central courtyard area and parking activities and truck deliveries
would occur on the western and southern portions of the site. The proposed buildings
are expected to provide considerable shielding between patron and parking activities and
the properties listed on the National Registrar of Historic Places to the east. As
demonstrated in the DEIR, project operations would not exceed the City’s noise criteria
and impacts are considered less than significant.
R14-4 Pursuant to the California Environmental Quality Act, the DEIR is required to disclose
the environmental impacts of a project and does not evaluate resident’s enjoyment of
their property.
R14-5 Project impacts related to light and glare are addressed in Section 5.1, Aesthetics of the
DEIR. The proposed project is situated to include secondary/rear facades fronting the
homes along Los Rios Street in order to reduce glare effects from primary facades, to
reduce sound from carrying into the residential area, and to reduce noise from vehicles
and associated parking areas sited primarily to the west side of the project. Lighting at the
eastern elevations will be installed for security and safety purposes and pursuant to existing
code requirements and would not result in a substantial increase in light or glare which
would adversely affect day or nighttime views in the area. Impacts are less than significant.
R14-6 The commenter asks what mitigation measures are proposed for residents who live on
homes listed on the National Register of Historic Places but does not assert any potential
impact. As detailed in Section 5.3, Cultural Resources of the DEIR, no impacts to historical
resources were identified.
R14-7 The property owners were not “surveyed,” however several opportunities for public input
on the project’s environmental impacts were provided as described in in Sections 2.3 and
2.6 of the DEIR pursuant to CEQA requirements.
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R14-8 A portion of the proposed project may disturb areas adjacent to the Trabuco Creek Trail
owned by the County of Orange Flood Control District, however, the disturbance area is
outside of the limits of Trabuco Creek. The proposed project does not require any federal
permits which would trigger a Section 106 consultation under the National Historic
Preservation Act.
R14-9 As identified in Section 3.4 of the DEIR, the proposed project must go through the
Federal Emergency Management Agencies Conditional Letter of Map Revision/Letter of
Map Revision approval process. As part of the City’s plan checking process proof of
FEMA’s approval is required prior to development activities could occur.
R14-10 The adopted Los Rios Specific Plan is available for public review at the City of San Juan
Capistrano and on the City’s website:
http://sanjuancapistrano.org/Portals/0/Documents/Development%20Services/Los%2
0Rios%20Specific%20Plan.pdf
R14-11 The proposed project is described in detail in Chapter 3, Project Description of the DEIR.
The Specific Plan Amendment was provided for public review along with the DEIR. A
redlined version of the Specific Plan Amendment is provided at the City of San Juan
Capistrano and on the City’s website at:
http://sanjuancapistrano.org/Portals/0/RiverStreetMkplceAmendtoLRSP_6_18_18-
%20Revised.pdf
The proposed specific plan amendment replaces the Low Density Commercial (LDC)
District development standards in the Los Rios Specific Plan (see Los Rios Specific Plan,
B. Base District Regulations, 2., LDC District) with the Commercial Core Planning Area.
The specific plan amendment requires a minimum 25-foot eastern setback (see Los Rios
Specific Plan Amendment, Development Regulations, Table 3.6-2), which is equivalent to
the LDC rear yard setback of 25 feet.
R14-12 The project’s site layout is designed in such a way so that outdoor patron activity would
be near the central courtyard area and parking activities and truck deliveries would occur
on the western and southern portions of the site. This was done to reduce environmental
impacts to the adjacent residents to the east by using the buildings to shield noise from
operations, including patrons, parking, and tr uck deliveries, and to reduce lighting and
glare impacts from building facades.
R14-13 CEQA requires a lead agency to evaluate impacts with respect to the public, not to effects
on a specific individual. Impacts to private views are not protected under CEQA and are
less than significant.
In addition, no significant viewsheds have been identified as character-defining to the
historic district within the NRHP nomination. The historic viewshed for the district’s
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dwellings, on the west side of Los Rios Street, was east-facing based on each building’s
placement on the west side of the street. Construction of the commercial plaza at the
north side of Del Obispo Street, immediately east of the Santa Fe railroad tracks, in circa
1968-1971, altered the historic easterly viewshed for the southern portion of the district,
nearest to the proposed project. The west-facing viewshed has been incrementally eroded
through nursery uses and through the construction of ancillary buildings built at the rear
lot lines of some parcels within the district. These buildings appear to encroach in the rear
setback provided and offer some additional buffer between the proposed project and the
contributing buildings fronting the west side of Los Rios Street.
The proposed project has been designed, conceptually, in a manner that attempts to buffer
the five buildings within the proposed project site from the adjacent dwellings of the Los
Rios Street Historic District by siting a restricted access drive between the western lot lines
of the adjacent buildings and the proposed buildings. The proposed project additionally
places the majority of surface parking to the south and west of the site in an effort to
minimize surface parking immediately adjacent to the adjacent dwellings.
R14-14 The commenter’s statements regarding the project’s inconsistency with the Los Rios
Specific Plan, Design Goals and Policies are incorrect as documented in Table 5.1-1 of
the DEIR and reproduced below.
Table 5.1-1 Consistency with Los Rios Specific Plan Urban Design Goals and Policies
Design Goals and Policies Project Consistency
Design Goals
Design Goal 1: The City will seek to maintain and enhance the
pedestrian entry plaza to serve as the principle pedestrian connection
between the planning area and the downtown and will emphasize non-
motorized transportation modes in the District.
Consistent: As shown in Figure 3-4, the proposed project
provides an enhanced connection between the project site and
the Los Rios Street/entry plaza area. At this location, River
Street would remain closed to thru vehicular traffic,
emphasizing the route as a pedestrian connection.
Design Goal 2: The City will promote the preservation of historically
significant structures and sites, those within the National Register Historic
District or on the City’s Inventory.
Consistent: As discussed in Chapter 5.4, Cultural Resources,
of this DEIR, the proposed project would not result in direct or
indirect impacts to historically significant structures. The
proposed project would not hinder preservation of such
structures elsewhere in the specific plan area.
Design Goal 3: The City will assure that new development is
architecturally compatible with existing historically, significant structures.
Consistent: As described in Section 3.3.2.2 of this DEIR, the
proposed project has been designed using agrarian vernacular
architectural styles and materials to reflect the area’s existing
rural character. Building typologies include barns,
greenhouses, and water towers. Colors, materials (such as
raw steel, wood siding, and corrugated metal), and a
landscape palette emphasizing California native plants are
used to create compatibility with other land uses in the specific
plan area.
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Table 5.1-1 Consistency with Los Rios Specific Plan Urban Design Goals and Policies
Design Goals and Policies Project Consistency
Design Goal 4: The City will seek to buffer non-residential development
and uses from residential uses, and buffer the National Register Historic
District from new incompatible development.
Consistent: The proposed project would amend the Specific
Plan Design Goal 4 indicated by the underlined text. The
proposed project is set back from residential uses and historic
structures along Los Rios Street; the bulk of project site is not
visible from this corridor (see View A in Figure 5.1-3). A
restricted access road, landscaping, and trees would provide
an additional visual buffer between the proposed project and
adjacent land uses. Additionally, the proposed project places
the majority of surface parking to the south and west of the site
in an effort to minimize surface immediately adjacent to off-site
residential uses.
Design Policies
Design Policy 1: The City will encourage new buildings in the Specific
Plan area to respect natural site features including existing terrain and
landscaping, in particular mature specimen trees.
Consistent: As described in Chapter 5.3, Biological
Resources, of this DEIR, the proposed project would plant 158
new trees, including 39 specimen trees. The project would
also preserve seven existing trees, including one heritage tree,
a Coast Live Oak tree, and a large cluster of Torch Cacti at the
southeast corner of the site. Furthermore, the project includes
a landscape palette emphasizing California native plants are
used to create compatibility with other land uses in the specific
plan area.
Design Policy 2: The City will expect the architectural style of new
buildings and additions to existing buildings to be consistent with existing
styles including but not limited to Monterey, Adobe, Craftsman bungalow,
Victorian, and California vernacular board-and-batten.
Consistent: See response to Design Goal 3.
Design Policy 3: The City will assure that new buildings and additions to
existing buildings are compatible in terms of mass, form, scale, color,
materials, textures and architectural style, with existing historically
significant buildings.
Consistent: See response to Design Goal 3.
Design Policy 4: In order to maintain the rural character of the area, the
City will promote single-story structures in the National Register Historic
District. A combination of one and two-story structures will be allowed
outside the National Register Historic District, however, two-story
structures shall comprise no more than one-third of the total number of
new structures.
Consistent: As discussed under Impact 5.1-3 (and shown in
Table 5.1-2), the five proposed buildings would be one and
two stories. The Mercantile building is the only 2-story building
of the five proposed buildings. The proposed Marketplace and
Red Barn buildings are designed to include a mix of one and
two-story elements. The proposed Greenhouse and
Farmstead buildings are designed as single-story. The
proposed buildings are not in the National Register Historic
District.
Design Policy 5: The City will assure that the roof form (hip, shed, gable,
etc.) of new structures will be compatible with existing historically
significant structures.
Consistent: See response to Design Goal 3. As shown in
Figures 3-5 and 3-6, the proposed project utilizes agrarian-
inspired architectural typologies that feature gable and shed
roofs.
Design Policy 6: The City will encourage pedestrian-scaled architectural
features including overhanging eaves, and arcades.
Consistent: The proposed project includes numerous
pedestrian-scaled building elements, including trellises, water
features, arcades, shade structures, wayfinding signage, and
seating areas. The proposed buildings are clustered around a
pedestrianized zone that features landscaping and areas for
outdoor socializing and dining. The Farmstead building
features a full-length porch shaded by a porch overhang and
entry canopies are provided at each of the other four buildings.
Design Policy 7: The City will promote architectural details consistent
with the details of historically-significant structures.
Consistent: See response to Design Goal 3.
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Table 5.1-1 Consistency with Los Rios Specific Plan Urban Design Goals and Policies
Design Goals and Policies Project Consistency
Design Policy 8: The City will encourage the proportions (scale, balance,
etc.) of new windows and doors to conform with those of historically-
significant structures.
Not applicable: This policy is not applicable to the proposed
project because the project would not alter any historically-
significant structures. However, it should be noted that the
proposed buildings are intended to mimic the building
typologies found in rural farming communities.
Design Policy 9: The City will discourage the relocation of otherwise
historic significant structures from outside the Specific Plan area to the
National Register Historic District in order to preserve the historic integrity
of that District. However, the City may allow the relocation of such
structures to the National Register Historic District which are in danger of
imminent demolition and subject to State Office of Historic Preservation
review and/or consultation.
Not applicable: The proposed project would not require
relocation of a historic structure.
Design Policy 10: With the exception of the on-street parking permitted
along Paseo Adelanto, tThe City will encourage off-street parking as
opposed to on-street parking in the Historic District. Off-street parking and
garages should be sited so that they are not within direct view of public
rights-of-way, and should be compatible in terms of scale and materials,
with the rural character of the historic District.
Consistent: The proposed project would amend the Specific
Plan Design Goal 4 indicated by the underlined/strikeout text.
The proposed project would provide 292 off-street parking
spaces (including 7 ADA spaces) and 23 public parking
spaces along Paseo Adelanto. Although visually prominent
from Paseo Adelanto (and visible to a lesser extent from Del
Obispo Street and the southern terminus of Los Rios Street)
the project’s surface parking would not be visible from historic
structures along Los Rios Street. The project’s landscaped
pedestrian corridor and trees dominate views at this location
(View A), which is the view most visible to pedestrians and
others exploring the Los Rios Historic District. Furthermore,
the proposed onsite surface parking would consist of
decomposed granite or a similar material that—more than
asphalt—evokes a rural character.
Design Policy 11: Within the National Register Historic District, the City
will require new development (within the Specific Plan area but outside
the National Historic District) to be served with under-ground utilities to
provide a clear contrast with the historical context and integrity of the
National Register Historic District.
Consistent: As described in Chapter 3 of this DEIR, utility
lines on the project site would be placed underground as part
of the proposed project.
R14-15 The commenter’s disagreement with the findings in the DEIR is acknowledged and
included in the official environmental record of the proposed project. The City will take
all comments under consideration prior to a decision on the project.
R14-16 See response to Comment R14-12.
R14-17 The DEIR analyzed a reasonable range of alternatives that would substantially lessen
significant effects of the project and attain most of the project objectives (CEQA
Guidelines § 15126.6). The commenter’s suggested alternative would not substantially
reduce any of the project’s significant effects.
R14-18 As analyzed in Section 5.8, Hydrology and Water Quality, of the DEIR, a portion of the
project site is within the floodplain at an elevation of approximately 92 feet mean sea level
(msl). To ensure that the development would not place structures within the 100-year
flood hazard area, the finished floors of the proposed five buildings will be elevated to a
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minimum elevation of 94 feet msl. Therefore, all structures will be above the 100-year
floodplain by at least 2 feet. This ensures that the project is consistent with the City’s
Municipal Code Chapter 8-11, Floodplain Management Regulations and impacts related
to flood hazards is less than significant.
R14-19 The proposed specific plan amendment replaces the Low Density Commercial (LDC)
District development standards (including the requirement for 90% open area) in the Los
Rios Specific Plan (see Los Rios Specific Plan, B. Base District Regulations, 2., LDC
District) with the Commercial Core Planning Area. The environmental impacts of the
specific plan amendment have been evaluated throughout the DEIR.
R14-20 The proposed project 64,900 square feet of commercial and office space in five buildings
on 5.86 acres. The project has a maximum floor area ratio of 0.27. This would not be
classified as a “high intensity” commercial use. The potential for growth inducing impacts
are analyzed in Section 10 of the DEIR.
R14-21 Refer to response to Comment R14-1. Enjoyment of property and privacy issues are not
evaluated in a DEIR. However, the comment is acknowledged and included in the official
environmental record of the proposed project. The City will take all comments under
consideration prior to a decision on the project.
R14-22 The project does not include high intensity commercial uses.
R14-23 Project operational impacts were found to be less than significant in Section 5.10, Noise,
of the DEIR, therefore, no mitigation would be required.
R14-24 A nominal amount of train pass-by noise reflection could occur from placement of the
proposed buildings. However, the resulting noise level at the property line between the
residences to the east and the project would be considerably lower than on the eastern
side of these residences closest to the railroad due to shielding from the residential
structures themselves. In addition, the layout of the proposed project contains gaps
between the three buildings closest to the residences to the east which would allow train
noise to pass through. The increase in ambient noise levels from train pass-by noise
reflection at the property line between the residences to the east and the project would be
less than 3 dBA CNEL, which would not be noticeable above ambient conditions and is
considered less than significant.
R14-25 Project operational impacts were found to be less than significant in Section 5.10, Noise,
of the DEIR, therefore, no mitigation would be required.
R14-26 Please see response to Comment R14-24. In addition, the proposed project would not
increase rail traffic.
R14-27 Please see response to Comment R14-24. Please see section 5.10.4 of the DEIR for a
discussion of cumulative noise impacts, which are found to be less than significant.
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R14-28 Project operational impacts were found to be less than significant in Section 5.10, Noise,
of the DEIR, therefore, no mitigation would be required.
R14-29 Refer to response to Comment R14-13.
R14-30 The comment is acknowledged and included in the official environmental record of the
proposed project. The City will take all comments under consideration prior to a decision
on the project.
R14-31 As discussed in the October 4, 2016 City Council staff report, the request was to initiate
an amendment to the LDC District to allow retail and office uses and accordingly the
report described that the proposed amendment is to various sections of the Specific Plan.
After the City Council’s initiation of the amendment, the applicant submitted the required
entitlement applications and at that time staff analysis found that a General Plan
Amendment would be required. As such, on April 3, 2018, the City Council adopted a
resolution initiating a General Plan Amendment and directed city staff to conduct the
appropriate study of a General Plan Amendment to update the description of the Los
Rios Specific Plan contained in the General Plan as a result of the proposed Los Rios
Specific Plan amendment.
R14-32 The DEIR evaluated potential odor impacts from restaurant operations in Impact 5.2-5.
Impacts would be less than significant.
The proposed project would not add train service and therefore would not exacerbate any
potential odor impacts from train fumes. No impact would occur.
R14-33 Potential impacts to birds, bats, and habitat are discussed in Sections 5.3 and 8.3 of the
DEIR. As identified in Impact 5.3-1, tree removal during project-related construction
activities could result in potentially significant impacts active bird nests. However, as
discussed in Sections 5.3.7 and 5.3.8 of the DEIR, with implementation of Mitigation
Measure BIO-1, impacts to active bird nests from project-related construction activities
would be reduced to less than significant.
Furthermore, the proposed project would plant 158 new trees, including 39 specimen
trees (minimum 72-inch box), 83 olive trees (48-inch box minimum), 20 site trees (36-inch
box minimum), and 16 citrus trees (24-inch box). Plantings include two species of oaks:
Coast live oak and Pasadena oak (Quercus Englemanni). The additional new trees to be
planted onsite could be used for birds.
R14-34 The elevation of the project site is not a unique, character-defining feature to the historic
district within the NRHP nomination. Refer also to response to Comment R14-18.
R14-35 As discussed in Section 5.7, Hazards and Hazardous Materials, of the DEIR, a soil sampling
analysis was conducted for pesticides. Based on the findings of the Phase I Environmental
Site Assessment, further soil sampling was recommended to confirm or deny the presence
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of pesticides, herbicides, metals and other hazardous wastes as a result of historic and
current site operations and potential contamination of reported fill dirt which was
historically brought onsite from an unknown origin. Thus a Phase II soil survey was
completed to determine if any actionable levels of herbicides, pesticides, or metals were
present on the project site (see Appendix F2 of the DEIR). Soil samples were collected
at 0.5 ft below ground surface (bgs) and 1.5 ft bgs. A total of 28 soil samples were
collected.
Soil samples from all soil borings were analyzed for Title 22 metals (USEPA method
6010B), Mercury (USEPA method 7471A Soil), Organophosphorus Pesticides (USEPA
method 8841B), Organochlorine Pesticides (USEPA method 8081B), and Chlorinated
Herbicides (USEPA method 8151B). As shown in Table 5.7-1 of the DEIR, all pesticides
and herbicides were below the USEPA regional screening levels. Therefore, impacts were
determined to be less than significant.
R14-36 Refer to Section 5.8, Hydrology and Water Quality, of the DEIR for a detailed analysis of
water quality impacts. The project would be constructed and operated in accordance with
the San Diego Regional MS4 Permit (Order No. R9-2013-0001, as amended by Order
Nos. R9-2015-0001 and R9-2015-0100). The MS4 Permit requires new development and
redevelopment projects to adopt a WQMP to control contaminants into storm drain
systems, educate the public about stormwater impacts, detect and eliminate illicit
discharges, control runoff from construction sites, and implement best management
practices (BMPs) and site-specific runoff controls and treatments. A WQMP has been
developed for this project and is provided in Appendix G2 of the DEIR. A full list of
source control, BMPs incorporated into the project is provided under Impact 5.8-1 of the
DEIR.
Current LID standards require the on-site retention of runoff from the 85th percentile,
24-hour rainfall event, through infiltration, biofiltration/bioretention, and/or rainfall
harvest and use. The project incorporates biofiltration systems designed to retain the post-
development design capture volume for all storms up to and including the 85th percentile,
24-hour rainfall event. Note that biofiltration systems are highly effective at removing
sediments, oil and grease, and trash and debris; and are also effective at removing nutrients,
metals, and pathogens/bacteria. With implementation of Clean Water Act, National
Pollution Discharge Elimination System, Statewide General Construction Permit
requirements, and San Diego Regional MS4 Permit (Order No. R9-2013-0001, as amended
by Order Nos. R9-2015-0001 and R9-2015-0100), impacts would be less than significant.
R14-37 The commenter does not provide any evidence to support his statement that the
topography of the grading plan is inaccurate.
R14-38 Refer to Impact 5.8-4 of the DEIR for a detailed analysis of the proposed stormwater
system. As discussed in Appendix A, the existing residential development immediately
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east of River Street Marketplace currently drains south and west and crosses onto the
project site. The stormwater collects at two on-site localized depressions where it is either
infiltrated or evaporates over time.
Under developed conditions, the project would maintain the existing property line
elevations, intercept the flows with vegetated swales and convey the stormwater into inlets
which convey the stormwater away from the resid,ential development. The storm drains
inlets have been designed with inserts that prevent backflow, therefore, water cannot
bubble up out of the inlets.
By maintaining the existing property line elevations, there is no change to the hydraulic
conditions on the residential side of the property line and therefore, there are no proposed
restrictions of the stormwater flows on the residential side of the property line. The
proposed on-site storm drains will adequately convey the proposed development as well
as the flow crossing the property line from the residential areas into the storm drain
system. The storm drain system is designed to not back up into the residential
development.
Also note that the installation of curbs and gutters along Los Rios Street would be subject
to review under The Secretary of the Interior's Standards for Rehabilitation. This portion
of Los Rios Street is a contributing element to the NRHP historic district. Installation of
curbs and gutters has the potential to significantly alter the appearance of the street and
the spatial relationship to the front / east elevations of the historic homes along the west
side of Los Rios Street.
R14-39 The City’s 2014–2021 Housing Element demonstrates that it has adequate sites with
appropriate zoning to meet its Regional Housing Needs Allocation of 638 units. The sites
have in place appropriate zoning to allow affordable housing. The project site is not zoned
for housing and is not needed to meet the City’s affordable housing requirements.
Furthermore, the DEIR analyzed a reasonable range of alternatives that would
substantially lessen significant effects of the project and attain most of the project
objectives (CEQA Guidelines § 15126.6). An affordable housing alternative would not
lessen any of the proposed project’s significant impacts, including significant and
unavoidable construction-related noise impacts.
R14-40 The commenter states that a Year 2028 Traffic scenario should be analyzed. The Traffic
Impact Analysis Report (Appendix J1 of the DEIR) analyzes Existing Traffic Conditions,
Existing Plus Project Traffic conditions, Existing Plus Project Plus Cumulative (Year 2020)
Traffic Conditions, and General Plan Buildout (Year 2040) Traffic Conditions. A Year
2028 traffic assessment is not recommended since the Traffic Report conservatively
cumulatively analyzes a General Plan Buildout (Year 2040) scenario. It should be noted
that Year 2040 traffic includes Year 2028 traffic, in addition to ambient growth and
cumulative projects as presented in Table 6-2 of the Traffic Impact Analysis Report. As
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shown in Table 6-2, the twenty (20) cumulative projects are expected to generate a
combined total of 25,694 daily trips on a “typical” weekday, with 2,389 trips (1,209
inbound and 1,180 outbound) forecast during the AM peak hour and 2,019 trips (1,082
inbound and 937 outbound) during the PM peak hour.
Based on Section 12.0 of the Traffic Report which provides detailed analysis of
intersection and roadway segment level of service (LOS) analysis for General Plan
Buildout (Year 2040), it is anticipated that all key study intersections and roadway segments
are forecast to operate at acceptable service levels and the project will not significantly
impact any of the study locations based on the City’s LOS standards and impact criteria,
as detailed in the City of San Juan Capistrano Administrative Policy 310, Preparation and Use of
Traffic Reports.
R14-41 Based on the LOS analysis conducted for the intersections and roadway segments along
Del Obispo Street identified in the Traffic Impact Analysis Report (Appendix J1 of the
DEIR), there are no traffic impacts associated with the increase in traffic along this
corridor. Finally, the City understands that drivers may experience congestion during the
typical peak hours, however, the proposed project is anticipated to add at the most one
vehicle per minute directionally at any one roadway segment during any peak hour (see
Figures 5-2 and 5-3 in Appendix J1), further validating that nominal traffic impacts that
will be generated by the proposed project. As shown in Figures 5-2 and 5-3, the project
adds 32 outbound AM peak hour trips and 38 outbound PM peak hour trips to Del
Obispo between Paseo Adelanto and Camino Capistrano. Similarly, the project adds 50
inbound AM peak hour trips and 57 inbound PM peak hour trips to Del Obispo between
Paseo Adelanto and Camino Capistrano.
The proposed project will protect the existing sidewalks along Del Obispo Street and
provide sidewalks along the project frontage along Paseo Adelanto and Los Rios Street
where the pedestrians can assess the crosswalk located at Del Obispo/Railroad crossing.
It should be noted that according to OCTA, the at-grade crossing at Del Obispo is part
of the “Quiet Zone” which is defined as a section of rail line at least one half mile in
length containing one or more consecutive public highway-rail grade crossings at which
locomotive horns are not routinely sounded.
Additional supplemental safety measures have been implemented at the at-grade crossing
as required by the Public Utilities Commission (PUC) and the Federal Railroad
Administration (FRA) and are listed below:
xx Installation of pedestrian treatments, including automatic pedestrian gates and
emergency exist gates, detectable warning strips, handrails and fencing on all sidewalk
approaches;
x Installation of west side raised median and modification of east side median;
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xx Installation of curb and median mounted active warning devices in the southeast and
northwest quadrant;
x Installation of queue-cutter traffic signal for eastbound and westbound traffic;
x Pavement markings and signage in compliance with California Manual on Uniform
Traffic Control Device.
As it pertains to the effect of pedestrian traffic, the traffic analysis and level of service
calculations conservatively assume five pedestrian calls per hour and the minimum
pedestrian times are accounted for at each of the study intersections.
R14-42 The commenter states that a dedicated street paid for by the developer should be provided
to access Adelanto Street to reduce some of the impacts of additional pedestrian and
vehicular traffic. It is unclear from the comment what dedicated street is being referred
to. However, it should be noted that the project will protect the existing sidewalks along
Del Obispo Street and provide sidewalks along the project frontage along Paseo Adelanto
and Los Rios Street where the pedestrians can assess the crosswalk located at Del Obispo
at-grade crossing. A dedicated street will not be provided, although River Street will be
improved as a pedestrian promenade linking the subject property and providing pedestrian
connectively to Los Rios Street. The improvements listed below will improve the existing
and anticipated pedestrian and vehicular traffic along Paseo Adelanto and River Street:
x River Street will be improved to serve as a pedestrian walkway and promenade.
x Paseo Adelanto along the project frontage will be designed to accommodate the
anticipated pedestrian and vehicular traffic to the project site, as well as enhance
pedestrian safety.
x A traffic circle (preferred option in Traffic Report) at the intersection of River Street
and Paseo Adelanto will be constructed to improve circulation and facilitate U-turn
movements of vehicles along Paseo Adelanto.
x At the intersection of Paseo Adelanto at Del Obispo Street restripe the southbound
approach on Paseo Adelanto to provide a southbound (outbound) 18-foot shared
left/through/right-turn lane and two (2) departure (inbound) lanes (one 12-foot lane
and one 10-foot lane).
x At the intersection of Paseo Adelanto at Del Obispo Street restripe the eastbound
approach on Del Obispo Street to provide dual eastbound left-turn lanes with a
minimum storage of 70-feet each lane and a 50-foot transition.
R14-43 The Traffic Impact Analysis Report (Appendix J1 of the DEIR) discusses both
alternatives (angled parking and parallel parking). The proposed roadway improvements
to Paseo Adelanto along the project frontage will be subject to review and approval of
the City of San Juan Capistrano Public Works/Engineering department. The Developer
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will work closely with the City to ensure that the on-street parking spaces are designed to
City standards.
R14-44 The DEIR analyzes the aesthetic and historical resources impacts of the project in
Sections 5.1, Aesthetics and 5.4, Cultural Resources. As discussed in the DEIR, impacts related
to aesthetics and historical resources were determined to be less than significant.
The view simulations in the DEIR were reviewed and reverified based on the commenter’s
statements related to the proposed building height. The images were reverified through a
site visit, taking photographs, using a drone to verify building height, and verifying
accurate dimensions and massing in SketchUp and AutoCAD. While the image provided
by the commenter was incorrect and could not be accurately placed in the model, we
identified an error in the model’s focal point setting for one view simulation in the DEIR–
View D looking from Del Obispo north to the project site. As a result, Figure 5.1-6, View
Simulation D was revised and is included in reflected in Section 3.2 of this FEIR. This does
not change the analysis or conclusions in the DEIR.
R14-45 The commenter provides a view simulation from the backyard of a residence, 31891 Los
Rios Street, to the project site. The methodology used for creating the view simulation is
unknown and cannot be verified. However, it is incorrect to show a truck in the view of
the Marketplace from 31891 Los Rios Street. As stated throughout the DEIR, the access
drive on the east edge of the project site is a restricted, emergency-only access only that
would be gated. No delivery trucks would be allowed on this access road. More
importantly, CEQA requires a lead agency to evaluate impacts with respect to the public,
not to effects on a specific individual. Impacts to private views are not protected under
CEQA and not considered when evaluating potential aesthetic impacts to public
viewpoints.
R14-46 Square footage by building is provided in Table 3-1 of the DEIR and the square footage
breakdown of uses within each building are provided in the text following. Please also
refer to Table 5.12-10 in the DEIR which provides a breakdown of land use square
footage for each building. The proposed project would include approximately 28,540
square feet of retail, 28,360 square feet of restaurant, and 8,000 square feet of office.
R14-47 Sound walls are not required for this project. Project operational impacts were found to
be less than significant in Section 5.10, Noise, of the DEIR.
R14-48 The Los Rios historic district boundary is depicted on Figure 5.4-1, Historical Resources
Proximate to the Project Site, of the DEIR.
R14-49 As detailed throughout the DEIR, the project has specified installation of a restricted
access drive at the east end of the property adjacent to the west lot lines of the dwellings
in the historic district. The access drive will provide for a 20 foot to 31 foot buffer adjacent
to a 5 foot setback at the east side of the drive.
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R14-50 Refer to Appendix C of this FEIR. Pursuant to the commenter’s request to limit lighting
along the easterly property line, the applicant has updated their lighting package to reflect
a 42-inch tall bollard style light along the emergency access lane bordering the eastern
property line adjacent to the residences. This new fixture will ensure the lowest light levels
at the property line while still maintaining a balance between sufficient light levels for
security and safety in the emergency access lane. The new light levels along the easterly
property line range predominantly from 0.0 foot candles to 0.1 foot candles. Figures 5.1-
7, Site Lighting Plan, and 5.1-8, Photometric Analysis, have been updated in Section 3.2 to
reflect the revised lighting plan. As determined in the DEIR, under Impact 5.1-4, the
proposed project would not result in significant impacts related to light and glare.
R14-51 Comment noted. Refer to response to Comment R14-19.
R14-52 Per the commenters request, Figures 3-2, Local Vicinity, and 3-3, Aerial Photograph of the
DEIR have been updated to identify the Amtrak/Metrolink Station and tracks adjacent to
Los Rios Street. Note that Figure 5.12-4, OCTA Transit Routes in the DEIR shows the San
Juan Capistrano Station and the railroad tracks.
R14-53 Refer to response to Comment R14-41. The proposed project will provide sidewalks along
its frontage from where the pedestrians can assess the crosswalk located at Del
Obispo/Railroad crossing. River Street will also be improved to serve as a pedestrian
walkway and promenade. It should be noted that according to OCTA, the at-grade
crossing at Del Obispo is part of the “Quiet Zone” which is defined as a section of rail
line at least one half mile in length containing one or more consecutive public highway-
rail grade crossings at which locomotive horns are not routinely sounded. Additional
safety measures have been implemented at the at-grade crossing required by the Public
Utilities Commission (PUC) and the Federal Railroad Administration (FRA).
Furthermore, there is no project vehicular traffic that is anticipated to come to/from Los
Rios Street, north of the project driveway. Finally, the characteristics of the street will not
change with the project and will remain as is. It should be noted that the project does not
abut Los Rios Street or the Railroad tracks, expect for a small segment where the driveway
is located and will have a sidewalk.
R14-54 The proposed project does not receive direct rail services and therefore does not have the
potential to increase or decrease the number of Metrolink and Amtrak trains accessing
the San Juan Capistrano train station. The frequency and number of trains accessing the
San Juan Capistrano station are under the exclusive control of Metrolink and Amtrak. The
proposed project is not the size or type of project that could increase the number of
trains. Therefore, the project does not add to or have the potential to exacerbate any
secondary impacts, if any, occurring on City intersections and roadways as a result of the
at-grade crossings.
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However, per the commenters request, a Synchro assessment, utilizing SimTraffic
software, has been prepared to simulate the effects of the existing queue cutter signals
and gate closures at the at-grade rail crossing along Del Obispo Street for Existing,
Existing Plus Project, and Existing Plus Project Plus Cumulative (Year 2020) traffic
conditions (see Tables A5-1 – A5-3).
Table A5-1 Existing Traffic Conditions Del Obispo Street Queuing Assessment (Synchro Operations)
Key Ramp Intersection
(1)
Existing Traffic Conditions
Estimated
Storage
Provided
(feet)
AM Peak Hour PM Peak Hour
Max.
Queue1
Adequate
Storage
(Yes / No)
Max.
Queue
Adequate
Storage
(Yes / No) (feet) (feet)
1.
Railroad Crossing at Del Obispo Street
Eastbound Through Lane 3552 376 No 367 No
Westbound Through Lane 3153 374 No 474 No
Source: LLG 2019.
1 Queue is based on the 95th Percentile Queue and is reported in total queue length (feet).
2 The estimated storage provided is measured along the eastbound direction of Del Obispo Street from the east leg crosswalk at the
intersection of Paseo Adelanto at Del Obispo Street to the railroad stop bar (355 feet).
3 The estimated storage provided is measured along the westbound direction of Del Obispo Street from the west leg crosswalk at the
intersection of Camino Capistrano at Del Obispo Street to the railroad stop bar (350 feet), excluding the 35 foot “Do Not Block” buffer at
the El Adobe Plaza driveway (i.e. 350 ft – 35 ft = 315 ft).
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Table A5-2 Existing Plus Project Traffic Conditions Del Obispo Street Queuing Assessment (Synchro
Operations)
Key Ramp Intersection
(1)
Existing Plus Project
Traffic Conditions
Estimated
Storage
Provided
(feet)
AM Peak Hour PM Peak Hour
Max.
Queue1
Adequate
Storage
(Yes / No)
Max.
Queue
Adequate
Storage
(Yes / No) (feet) (feet)
1.
Railroad Crossing at Del Obispo Street
Eastbound Through Lane 3552 387 No 382 No
Westbound Through Lane 3153 393 No 484 No
Source: LLG 2019.
1 Queue is based on the 95th Percentile Queue and is reported in total queue length (feet).
2 The estimated storage provided is measured along the eastbound direction of Del Obispo Street from the east leg crosswalk at the
intersection of Paseo Adelanto at Del Obispo Street to the railroad stop bar (355 feet).
3 The estimated storage provided is measured along the westbound direction of Del Obispo Street from the west leg crosswalk at the
intersection of Camino Capistrano at Del Obispo Street to the railroad stop bar (350 feet), excluding the 35 foot “Do Not Block” buffer at
the El Adobe Plaza driveway (i.e. 350 ft – 35 ft = 315 ft).
Table A5-3 Existing Plus Project Plus Cumulative (Year 2020) Traffic Conditions Del Obispo Street
Queuing Assessment (Synchro Operations)
Key Ramp Intersection
(1)
Existing Plus Project
Plus Cumulative (Year 2020)
Traffic Conditions
Estimated
Storage
Provided
(feet)
AM Peak Hour PM Peak Hour
Max.
Queue1
Adequate
Storage
(Yes / No)
Max.
Queue
Adequate
Storage
(Yes / No) (feet) (feet)
1.
Railroad Crossing at Del Obispo Street
Eastbound Through Lane 3552 393 No 411 No
Westbound Through Lane 3153 365 No 470 No
Source: LLG 2019.
1 Queue is based on the 95th Percentile Queue and is reported in total queue length (feet).
2 The estimated storage provided is measured along the eastbound direction of Del Obispo Street from the east leg crosswalk at the
intersection of Paseo Adelanto at Del Obispo Street to the railroad stop bar (355 feet).
3 The estimated storage provided is measured along the westbound direction of Del Obispo Street from the west leg crosswalk at the
intersection of Camino Capistrano at Del Obispo Street to the railroad stop bar (350 feet), excluding the 35 foot “Do Not Block” buffer at
the El Adobe Plaza driveway (i.e. 350 ft – 35 ft = 315 ft).
As shown in Table A5-1, the queues at the at-grade rail crossing along Del Obispo Street
all currently exceed the storage provided. A comparison of Table A5-1 to Table A5-2
shows that the project contributes less than one vehicle to the existing queues. The
addition of less than one vehicle to existing queues would not result in a significant impact
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to the at-grade crossing, which is addressed through traffic management and safety
measures.
As part of on-going traffic management operations, the City of San Juan Capistrano
Public Works Department regularly monitors City intersections and roadway segments,
including potential queuing that may result from trains traveling through the Del Obispo
at-grade crossing. The City’s regular and on-going monitoring has resulted in a number of
traffic management improvements over the years.
The primary improvement that was implemented to prevent traffic queuing on the Del
Obispo at-grade Crossing is the installation of subsurface queue cutter technology. The
queue cutter technology consists of subsurface sensors located at (i) Del Obispo Street
and Camino Capistrano and (ii) Del Obispo Street and Paseo Adelanto. When vehicles
are detected by the sub-surface sensors on one of the downstream intersections, a traffic
signal controller unit determines that a restriction in free traffic flow exists. Once that
restriction is detected, the queue cutter signal on the east- and westbound sides of the Del
Obispo at-grade Crossing changes from “green” to “red.” The queue cutter technology
prevents traffic queuing the crossings protecting public health and safety.
Train crossings at the Del Obispo at-Grade Crossing, queue cutter activation, and traffic
congestion can have secondary effects on intersection and roadway segment function.
However, train activity occurring at the at-grade crossings occurs throughout the day and
is not concentrated at peak hour. There are approximately three train crossings that occur
during the AM peak hour and four during the PM peak hour. In addition, the project itself
does not create any additional demands for train service, and thus does not contribute to
any new significant impacts related to queueing resulting from train activity at the Del
Obispo at-grade crossing. Finally, the addition of a relatively small amount of project-
related peak hour trips (152 AM and 176 PM) will not have any additional significant
impact on queuing resulting from at-grade rail crossings.
R14-55 Refer to responses to Comments R14-41, -42, 53, and -54, above.
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LETTER R15 – Clint Worthington (2 pages)
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R15. Response to Comments from Clint Worthington, dated March 18, 2019.
R15-1 The comment is acknowledged and included in the official environmental record of the
proposed project. The City will take all comments under consideration prior to a decision
on the project. The following discussion has been revised to reflect the correct speed limit
based on the commenter’s clarification. The update is also reflected in Section 3.2 of this
FEIR.
Los Rios Street is a local residential collector (two-lane, undivided roadway) that extends
in the north-south direction, and borders the project site to the east. Parking is permitted
only on the west side of this roadway within the vicinity of the project. The speed limit
on Los Rios Street is 25 15 mph.
R15-2 For purposes of the analysis prepared for the proposed project, as stated on page 5.12-6
of the DEIR, Del Obispo Street was analyzed as a four-lane divided arterial to provide a
conservative traffic assessment. The DEIR evaluated potential traffic impacts to Del
Obispo Street in Section 5.12, Transportation and Traffic. As analyzed in Section 5.12,
project-related traffic impacts were determined to be either less than significant (Impacts
5.12-1, 5.12-2, 5.12-4, and 5.12-6) or would be reduced to a less than significant level with
incorporation of mitigation (Impacts 5.12-3 and 5.12-5). As discussed in Impact 5.12-1,
it was determined that implementation of the proposed project would not significantly
impact the level of service for intersections in the study area. As discussed under Impacts
5.12-3 and 5.12-5, potentially significant impacts were identified related to construction
traffic and off-site queuing. However, as discussed in Sections 5.12.7 and 5.12.8 of the
DEIR, implementation of Mitigation Measures TR-1 and TR-2, which would require
preparation of a Construction Traffic Management Plan and improvements to the Paseo
Adelanto and Del Obispo Street intersection, respectively, would reduce Impacts 5.12-3
and 5.12-5 to less than significant.
R15-3 All traffic has been accounted for since at least two wheels of one side of the vehicle
would go over the tubes, thus “counting” the vehicle. It should be noted that not all four
wheels have to go over the tube; it is sufficient as long as two wheels from either side go
over it. Additionally, it is anticipated that motorcycle traffic is nominal. Therefore, the
traffic implications and LOS calculations presented in the Traffic Impact Analysis Report
(Appendix J1 of the DEIR) are accurate.
Furthermore, manual traffic counts were collected at each study intersection for each
turning movement and account for all vehicles. The intersections counts represented in
the Traffic Impact Analysis Report are in compliance with City of San Juan Capistrano
standards and are representative of all vehicles.
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LETTER R16 – Michael Nicholas Zornes and Damian Anthony Orozco (3 pages)
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R16. Response to Comments from Michael Nicholas Zornes and Damian Anthony Orozco, dated
March 2, 2019.
R16-1 The commenter’s opening remarks are acknowledged and included in the official
environmental record of the proposed project. The City will take all comments under
consideration prior to a decision on the project.
R16-2 Commenter provides the definition of Low Density Commercial as provided in the Los
Rios Specific Plan as currently adopted. No response is necessary.
R16-3 Under Impact 5.12-1, it was determined that implementation of the proposed project
would not significantly impact the level of service for intersections in the study area. The
analysis was conducted in accordance with City requirements. As discussed under Impact
5.12-5, potentially significant impacts were identified related to off-site queuing at the
intersection of Paseo Adelanto and Del Obispo Street. However, as discussed in Sections
5.12.7 and 5.12.8 of the DEIR, implementation of Mitigation Measure (MM) TR-2, which
would require improvements to the Paseo Adelanto and Del Obispo Street intersection
would reduce Impact 5.12-5, as it pertains to off-site circulation, to less than significant.
R16-4 The commenter’s statement is acknowledged and included in the official environmental
record of the proposed project. The City will take all comments under consideration prior
to a decision on the project.
R16-5 As demonstrated in Section 5.1, Aesthetics, of the DEIR, the proposed project has been
designed to be compatible with the surrounding area, particularly with respect to the
adjacent Los Rios District. Views along the eastern edge of the development adjacent to
the Los Rios District (see in Figures 5.1-3 and 5.1-5) demonstrate that the size, massing,
design and setbacks do not impact the character of the Los Rios District or overwhelm
the surrounding development. The project would not substantially degrade the visual
quality and impacts are less than significant.
R16-6 The requirement for a general plan amendment does not automatically infer that a project
is not consistent with applicable land use regulations. The DEIR is required to determine
whether the proposed project, including all entitlements, would conflict with any
applicable land use plan, policy, or regulation adopted for the purpose of avoiding or
mitigating an environmental effect. The project’s consistency with these plans is provided
in detail under Impact 5.9-1 of the DEIR. Impacts were determined to be less than
significant.
Please also refer to Sections 7.6 and 7.7 of the DEIR, which addresses alternatives to the
proposed project.
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R16-7 The commenter’s opening remarks are acknowledged and included in the official
environmental record of the proposed project. The City will take all comments under
consideration prior to a decision on the project.
R16-8 A vehicle miles traveled (VMT) analysis was provided for informational purposes in
Section 5.12, Transportation and Traffic, of the DEIR starting on Page 5.12-74.
R16-9 The commenter claims that the traffic analysis did not include cumulative impacts and
should analyze an opening year beyond 2020. The Traffic Impact Analysis Report
(Appendix J1 of the DEIR) analyzes Existing Traffic Conditions, Existing Plus Project
Traffic conditions, Existing Plus Project Plus Cumulative (Year 2020) Traffic Conditions,
and General Plan Buildout (Year 2040) Traffic Conditions. Analysis of an additional traffic
scenario is not required since the Traffic Report conservatively analyzes a General Plan
Buildout (Year 2040) scenario. Based on Section 12.0 of the Traffic Report which provides
detailed analysis of intersection and roadway segment level of service (LOS) analysis for
General Plan Buildout (Year 2040), it is anticipated that all key study intersections and
roadway segments are forecast to operate at acceptable service levels and the project will
not significantly impact any of the study locations based on the City’s LOS standards and
impact criteria.
R16-10 The DEIR evaluated potential project-related traffic impacts to roadways and
intersections within the study area, which includes Los Rios Street, in Section 5.12,
Transportation and Traffic. Furthermore, there is no project vehicular traffic that is
anticipated to come to/from Los Rios Street, north of the project driveway. Finally, the
characteristics of the street will not change with the project and will remain as is.
R16-11 As discussed in Table 5.4-2 of the DEIR, the proposed project has been designed to be
architecturally compatible with proximate existing historically significant buildings. Project
elevations and renderings depict styles consistent with existing architecture represented
along Los Rios Street. Designs include hip and gabled roofs, the use of mixed building
materials, exposed rafters, decorative brackets, and board-and-batten siding, consistent
with Craftsman bungalow and California vernacular board-and-batten styles. Additionally,
all buildings located in the easterly portion of the site, nearest adjacent uses, are single
story. The only 2-story building proposed, the Mercantile, has been placed the furthest
from adjacent residential uses. Therefore, the project is consistent with the Los Rios
Specific Plan Design Policy 3.
R16-12 Aesthetic impacts were fully analyzed in Section 5.1, Aesthetics, of the DEIR and no
significant impacts were identified.
R16-13 The project will not create urban decay impacts. Urban decay can occur where large big
box format discount retailers (e.g., WalMart) come into a market place and undercut local
independent merchants. The City’s downtown and the River Street Marketplace provide
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intimate artisanal retail and dining offerings that do not compete with but rather
complement each other. The project will not create or contribute to urban decay.
R16-14 The comment is acknowledged and included in the official environmental record of the
proposed project. The City will take all comments under consideration prior to a decision
on the project.
R16-15 The comment is acknowledged and included in the official environmental record of the
proposed project.
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CITY OF SAN JUAN CAPISTRANO
2. Response to Comments
April 2019 Page 2-163
LETTER L1 – Metrolink (1 page)
RIVER STREET MARKETPLACE PROJECT FINAL EIR
CITY OF SAN JUAN CAPISTRANO
2. Response to Comments
Page 2-164 PlaceWorks
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RIVER STREET MARKETPLACE PROJECT FINAL EIR
CITY OF SAN JUAN CAPISTRANO
2. Response to Comments
April 2019 Page 2-165
L1. Response to Comments from Metrolink, dated April 8, 2019.
L1-1 The proposed project will protect the existing sidewalks along Del Obispo Street and
provide sidewalks along the project frontage along Paseo Adelanto and Los Rios Street
where the pedestrians can assess the crosswalk located at Del Obispo/Railroad crossing.
It should be noted that according to OCTA, the at-grade crossing at Del Obispo is part
of the “Quiet Zone” which is defined as a section of rail line at least one half mile in
length containing one or more consecutive public highway-rail grade crossings at which
locomotive horns are not routinely sounded. Additional supplemental safety measures
have been implemented at the at-grade crossing as required by the Public Utilities
Commission (PUC) and the Federal Railroad Administration and are listed below:
xx Installation of pedestrian treatments, including automatic pedestrian gates and
emergency exit gates, detectable warning strips, handrails, fencing on all approaches;
x Installation of west side raised median and modification of east side median;
x Installation of curb and median mounted active warning devices in the southeast and
northwest quadrant;
x Installation of queue-cutter traffic signal for eastbound and westbound traffic;
x Pavement markings and signage in compliance with California Manual on Uniform
Traffic Control Devices.
Additionally, the project will maintain the right-turn only from Los Rios Street onto
westbound Del Obispo. It should be noted that the project does not abut Los Rios Street
or the Railroad tracks, expect for a small segment where the driveway is located.
RIVER STREET MARKETPLACE PROJECT FINAL EIR
CITY OF SAN JUAN CAPISTRANO
2. Response to Comments
Page 2-166 PlaceWorks
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