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Resolution Number 94-3-15-1342 RESOLUTION NO. 94-3-15-1 ' A PT N OFD AFT RANCHO VIEJO ROAD CONCEPTP AN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE DRAFT RANCHO VIEJO ROAD CONCEPT PLAN (AUGUST, 1993) PREPARED PURSUANT TO VISUAL RESOURCES MITIGATION MEASURE 15-26 OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR WHEREAS, the Transportation Corridor Agency (Agency) is a joint powers agency created to design and construct several regional highway corridors including the San Joaquin Hills Transportation Corridor; and, WHEREAS, on March 14, 1991, the Agency certified the Final Environmental Impact Report for the San Joaquin Hills Transportation Corridor including a Mitigation Monitoring Program which included Visual Resources Mitigation Measure 15-26, Rancho Viejo Road; and, WHEREAS, Visual Resources Mitigation Measure 15-26, Rancho Viejo Road, requires that the Agency prepare a Concept Plan for Rancho Viejo Road in a cooperative effort with the City to address the various environmental effects and design issues related to this project and that the Concept Plan be subject to City and Agency acceptance; and, WHEREAS, the Agency has reviewed the project pursuant to Section 15153 of the California Environmental Quality Act (CEQA) and determined that potentially significant environmental impacts of the Concept Plan have been adequately disclosed and mitigated as part of the Final Environmental Impact Report for the San Joaquin Hills Transportation Corridor and has otherwise complied with all applicable provisions of the California Environmental ' Quality Act; and, WHEREAS, the Environmental Review Board considered the subject project at their August 24, 1993, meeting and, after extensive public comment, approved a motion recommending acceptance of the Concept Plan subject to revisions outlined in William Huber's July 29, 1993, letter to Gene Foster. Based upon the restrictions of Public Resources Code Section 21167.3, the Environmental Review Board concurred with the Agency's environmental determination and forwarded the project to the Parks and Recreation Commission, Equestrian Commission, Traffic and Transportation Commission, Planning Commission and City Council; and, WHEREAS, the Traffic and Transportation Commission considered the subject project at their September 8, 1993, meeting and, after public comment, approved a motion recommending acceptance of the Concept Plan subject to certain revisions; and, WHEREAS, the Parks and Recreation Commission considered the subject project at their September. 13, 1993, meeting and, after public comment, approved a motion recommending acceptance of the Concept Plan subject to the Agency pursuing the Alternative A alignment for the Spotted Bull equestrian feeder rail and that the Agency acquire easements, design and construct that feeder rail; and, WHEREAS, the Planning Commission conducted a duly -noticed public meeting on September 28, 1993, pursuant to City Council policy, to consider public testimony on the proposed project and approved a motion recommending acceptance of the Draft Rancho Viejo Road Concept Plan (August, 1993) subject to conditions and forwarded its recommendation to City Council; and, WHEREAS, the City Council conducted a duly -noticed public meeting on October 19, 1993, to consider testimony on the proposed Draft Rancho Viejo Road Concept Plan (August, 1993) and deferred any further ' action until the feasibility of proposed Alternative Alignment 3 was studied; and, 343 WHEREAS, the City Council conducted a duly -noticed public hearing on January 12, 1994, to consider the feasibility of the proposed Alternative Alignment 3. They concluded that a feasible alternative does not exist and directed staff to return the Draft Rancho Viejo Road Concept Plan to Council for consideration. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: The Draft Rancho Viejo Road Concept Plan will be consistent with the policies and objectives of the San Juan Capistrano General Plan; and, 2. The Draft Rancho Viejo Road Concept Plan will comply with all applicable provisions of the Land Use Code subject to mitigation measures and conditions cited by this resolution. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby recommend acceptance of the Draft Rancho Viejo Road Concept Plan subject to the following conditions: 1. The Plan will specifically indicate that the Spotted Bull Lane hillside will be graded to a maximum of 1:1 slope and stabilized with "geogrid", a dense plastic subsurface grid. 2. The Transportation Corridor Agency will commit to providing noise attenuation in the form of additional sound walls consistent with Planning Commission Condition No. 3 (attached) regarding wall extensions. 3. The Concept Plan will be revised to include reference to the Alternative B conceptual alignment for the Spotted Bull Lane equestrian feeder trail, and the Transportation Corridor Agency should commit to constructing that trail. 4. The Concept Plan will be revised to incorporate a conceptual landscape plan depicting the general location, density and types of landscaping. Furthermore, the Concept Plan plant palette should include more extensive use of large, broad -leafed trees, evergreen trees to sufficiently cover the entire slope to the City's specifications. The Transportation Corridor Agency staff will support the request to the Board for funding for the additional landscaping. 5. The Transportation Corridor Agency will support the City in working with Caltrans to implement landscaping along the retaining walls. The retaining walls along Interstate -5 should incorporate variety with respect to design, texture and color subject to acceptance by the City. The City does not accept monolithic, smooth surface, poured concrete retaining walls. 6. The Transportation Corridor Agency will support the City and work cooperatively with the City in implementing Caltrans funding and installation of landscaping in the confluence median. 7. The Transportation Corridor Agency will support the City to implement entering into an agreement to transfer landscape maintenance authority for portions of the confluence to the City. The Transportation Corridor Agency and/or Caltrans would be responsible for funding maintenance, and the City would establish maintenance standards and directly contract for maintenance of such areas. 8. The Concept Plan will be revised to include a reference to Section 9-2.311 (Public improvement plans and outside agency development), 9-2.307 (Grading plan review) and _ 9-2.306 (Design review for non-residential projects). The quotation in the Concept Plan which refers to a 10 -day review process is inconsistent with the City's time lines for the processes established by the preceding Code sections. Accordingly, the quote should be -2- deleted. Chapter 12 must indicate that, in the event provisions of the Concept Plan and Land Use Code would conflict, the Land Use Code shall prevail. 9. Incorporated herein by reference, all conditions as final recommended by the City's Traffic and Transportation Commission, Equestrian and Recreational Trails Commission, Parks and Recreation Commission and Planning Commission, as a result of their considerations relative to the Draft Rancho Viejo Road Concept Plan (August, 1993), are to be addressed as part of the final Concept Plan revisions. Should conflicts exist between the Council Resolution and any commission actions, the Council Resolution shall take precedence. to. FINDING: The City Council also finds that the Concept Plan for the Rancho Viejo Road Realignment is designed and planned to a scale necessary to accommodate regional and interregional transportation needs and that, in the event such regional and interregional uses become unnecessary, physically impractical or fiscally or legally prohibitive, the scale and need for the current Concept Plan would and should be greatly diminished or eliminated. CONDITION: This approval is, therefore, subject to the condition that, should the Corridor Project, or substantial portions thereof, be permanently enjoined or nullified by litigation or through failure to complete or finance the full approved length of the roadway construction project or altered or amended in such a way as to eliminate substantial segments of the full approved lengths of the proposed roadway construction, the City hereby vacates and rescinds its approval of the Concept Plan. it. The City will withhold issuance of any construction permit for the realignment of Rancho Viejo Road until the injunction on the Laguna Greenbelt Federal lawsuit has been resolved. PASSED, APPROVED, AND ADOPTED this 15th day of Dlarch 1994. ATTEST: /d m. �L/✓ /� ;l COLLE CAMP ELL, MAYOR -3- ME1 345 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-3-15-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of March , 1994, by the following vote: AYES: Council Members Jones, Nash and Mayor Campbell NOES: Council Merioer Vasquez ABSTAIN: None ABSENT: Council Member Ilausdorfer (SEAL) CHERYLJ�CLERK \ -4- 346 EXHIBIT A ' TO CITY COUNCIL RESOLUTION NO. 94-3-15-1 The following list includes the recommendations to City Council from each of the commissions that have reviewed and considered the Draft Rancho Viejo Road Concept Plan. Plat>_nim! Commission Planning conditions are as follows: 1. Mitigation measures for noise impacts shall be constructed as soon as possible. 2. The following was added to Condition No. 3: Alternative A is the preferred alignment for the proposed equestrian trail. However, in the event the Alternative A alignment is determined to be infeasible, the Alternative B alignment shall be constructed to maintain an equestrian connection to the Spotted Bull area. 3. Additional study shall be made and information provided regarding sound impacts and extending the sound attenuation wall southward past additional Spotted Bull and Village San Juan properties to Village Road. Such study shall include an additional decibel reading for the entire area. 4. The following was added to Condition No. 4: As many trees as possible (more than the 113 proposed for removal) shall be incorporated into the Concept Landscape Plan. 5. Slopes shall be constructed without loss of additional backyard area from the affected residential properties. Effort shall be made to review alternatives to 1:1 slope behind the Daniel's property so that the least amount of that property is taken. 6.. Residents shall receive notice of any lane closures within two weeks prior to such closure(s). 7. The Planning Commission shall review the phasing component of the project when it becomes available. 8. If the middle section of the Corridor is not constructed, the City shall address means to downsize the project in San Juan Capistrano. Traffic and Transportation Commission Request the City Council accept the Concept Plan with the following conditions: 1. That the full width of the right-of-way of Rancho Viejo Road be graded and the standard full width street pavement be constructed with this project from Village Road to Via Escolar to the satisfaction of the City Engineer. 2. That appropriate temporary routes, approved by the City Engineer, be provided during construction to all access points within the project's limits and that the detour plans be submitted to the City for approval by the City Engineer. 3. That the bike trail along the full length and on the east side of Rancho Viejo Road be constructed with this project and to the satisfaction of the City Engineer. 4. That the southeast comer of Rancho Viejo Road/Via Escolar be built so as to provide full width right-of-way, roadway and bike trail with this project. ' 5. That the intersection of Rancho Viejo Road/Spotted Bull be constructed with this project to the satisfaction of the City Engineer so as to provide the best sight distance (with a minimum in both directions for 50 miles per hour when construction is completed) and access both during and after construction. 347 6. That the Transportation Corridor Agency provide sufficient in-depth information to the City regarding the moving of Rancho Viejo Road easterly at Village Road in relation to their landscaping requirements (at retaining walls/sound walls — and/or any other item that may cause this road to be shifted to the east at this intersection) and that the Transportation Corridor Agency submit a design for and replace, with this project, the existing span wire signal with a standard steel pole/mast arm signal and appropriate appurtenances to the satisfaction of the City Engineer. 7. That pedestrian and bicycle traffic be prohibited during construction phases as necessary. 8. That warrant studies be obtained at, but not limited to, Spotted Bull and Highland as real traffic counts increase on Rancho Viejo Road above warrant volumes. 9. That, if there are any major changes to the Concept Plan, they be brought back to the Traffic and Transportation Commission. to. That the Traffic Management Plan would include increased mitigation of school children during construction phases and that this Traffic Management Plan would be brought to the Traffic and Transportation commission for review. Parks and Recreation Commission The following recommendation was approved for City Council: 1. Approval of the alignment of the proposed bike trail along Rancho Viejo Road from Village Road to Via Escolar. 2. Approval of joint use of approximately 300 feet of bike trail as an hiking/equestrian trail. 3. Request review of any future realignment proposal that would substantially modify the bike trail alignment as shown _ with notification of such meeting(s) to area residents. Equestrian and Recreational Trails Commission The following recommendations were approved for City Council with regard to the Spotted Bull Feeder Trail subject to the conditions that (1) any modifications to plans be brought to the Commission for review; and, (2) residents be notified of such meetings: 1. Approve the hiking/equestrian trail Alignment A; 2. Approve the joint use of the bike trail for equestrian access from Village Road to 450 feet north. 3. Request that the Transportation Corridor Agency's proposal include design, right-of-way and construction of the hiking/equestrian trail from Village Road to its connection with the private road, Spotted Bull, subject to the approval of the City Engineer. Environmental Review Board There were no additional conditions from the Environmental Review Board.