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Resolution Number 01-6-5-5RESOLUTION NO. 01-6-5-5 017 APPROVING AN AMENDMENT TO THE INTERIM MODIFIED CONDITIONS OF APPROVAL - SADDLEBACK VALLEY CHRISTIAN SCHOOL A RESOLUTION ON THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RATIFYING THE APPROVAL OF AN AMENDMENT OF INTERIM MODIFICATIONS TO THE CONDITIONS OF APPROVAL (SADDLEBACK VALLEY CHRISTIAN SCHOOL) WHEREAS, On August 15, 2000, the City Council considered a request to approve modified interim conditions of approval for the Saddleback Valley Christian School, and WHEREAS, On September 5, 2000 the City Council approved the interim modified conditions of approval for the Saddleback Valley Christian School, and, WHEREAS, The approval of the school facility at the subject location presented numerous concerns with traffic congestion and railroad crossing safety, and WHEREAS, The approval to establish a school facility was conditioned upon the completion of various street improvements including traffic signals, signalization of the railroad crossing, and an equestrian trail, and WHEREAS, The Saddleback Valley Christian School administrators desires to occupy the facility, and WHEREAS, The time necessary to obtain approvals and construct the conditioned improvements would not allow the school to open as desired, and WHEREAS, The staff of the City has reviewed the request and developed recommended amendment to interim modifications to the conditions of approval, and WHEREAS, The City Council has evaluated and considered the traffic and other safety aspects of the school facility, and WHEREAS, The approval of amended interim modifications to the conditions of approval does not waive the original conditions of approval except as herein modified, and WHEREAS, The City Council has determined that the amended interim modifications to the conditions of approval, as contained in the attachment to this resolution, are considered to be a reasonable and acceptable solution to the needs of the City and the Saddleback Valley Christian School. 06-05-01 1 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby ratifies and approves the amended interim modifications to the conditions of approval for the Saddleback Valley Christian School located at the Northwest corner of Camino Capistrano and Oso Road as contained in Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 5th day of June 2001. ATTEST: AR ARET R. MONAHAN l C U� Ve MAYOR ATTE - 06-05-01 LIST OF AMENDED INTERIM CONDITIONS OF APPROVAL SADDLEBACK VALLEY CHRISTIAN SCHOOL LIST OF AMENDED INTERIM CONDITIONS OF APPROVAL 019 Oso Road shall be improved to Secondary Arterial standards of 84 foot right of way and 64 foot curb to curb. This improvement shall extend from the curb return at the most westerly driveway and extend to the westerly right of way of the railroad. The City will allow the right of way to be reduced to accommodate a 6 foot wide parkway in lieu of the normal 10 foot upon review of improvement plans. The right of way will begin to taper to join the existing center line west of the curb return at Ave. De La Vista. Full curb, gutter and sidewalk improvements on the north side shall be constructed to the ultimate right of way to the westerly driveway. 2. A second travel lane shall be striped on the south side of Oso Road from Ave. De La Vista to Camino Capistrano within the existing right of way. On -street parking along the south side between Ave. De La Vista and the railroad tracks shall remain. 3. The Camino Capistrano and Oso Road intersection shall be improved to provide a northbound left turn lane and a southbound right turn lane within the existing right of way. An all -way stop sign shall be installed until the traffic signals are installed and operational. 4. The City reserves the ability to require a No Left Turn sign at the exit driveway from the school and the use of Ave. De La Vista as an interim measure until full improvements are completed at Camino Capistrano and Oso Road. The need to incorporate these provisions shall be determined after observing the first two to three months of school operation. 5. A striping plan shall be prepared for the turn lanes at Camino Capistrano and Oso Road by the applicant's traffic consultant and reviewed and approved by City prior to construction. 6. A bond shall be posted to guarantee all off-site improvements. 7. A Sheriff's Deputy shall be employed and paid for by S.V.C.S. for peak hour traffic control for one hour in the AM and one hour in the PM to prevent traffic safety problems with the Railroad tracks and intersections. The officer shall be employed until all street improvements are installed and accepted by the City. 8. S.V.C.S. shall limit the enrollment of the school to 500 students until all off-site improvements are completed and accepted by the City. 9. S.V.C.S. shall enter into an agreement to provide, as provided for in Condition 12 herein, the equestrian trail right of way for a 20 foot wide General Plan Trail along the easterly Trabuco Creek bank. 10. S.V.C.S. shall work with the Army Corps of Engineers to determine if the existing 10 foot wide access road along the east Trabuco Creek bank is suitable for use as an interim trail. 06-05-01 020 LIST OF AMENDED INTERIM CONDITIONS OF APPROVAL SADDLEBACK VALLEY CHRISTIAN SCHOOL 11. Interim Trail Improvements The Developer shall provide a 10' wide unpaved recreational trail prior to issuance of the first Certificate of Occupancy for any temporary structure. Location of said trail shall be within the existing levee bench, noted as a "Maintenance Access" on the approved grading plan. Improvement shall include, but not be limited to, minor grading modifications for connections to Oso Road and shall also provide a connection to the property adjacent to the north boundary of the school site. Said northerly connection shall be graded to join the existing grades within the adjacent property. Should any outside agencies with jurisdiction over said maintenance access/recreational trail not approve such use, the developer shall provide documentation from the Agency of non -approval and shall then provide and improve a 10' wide unpaved recreational trail at the top of the existing eastern levee. Developer shall provide trail connections to Oso Road and the adjacent property to the north as defined above, prior to issuance of the first Certificate of Occupancy for any temporary structure. 12. Permanent Trail Agreement Prior to release of the 500 student enrollment capacity limit or prior to the issuance of any further permits after issuance of Certificates of Occupancy forthe temporary structures, the developer shall enter into a Trail Improvement Agreement with the City. Said agreement shall include a 20' wide Irrevocable Offer for Recreational Trail Purposes to be located along the top of the existing east levee of Trabuco Creek. Said Irrevocable Offer shall provide language requiring connections to Oso Road and the adjacent northerly property as noted above in Condition 11, Interim Trail Improvements. If relocated as a result of the Trabuco Creek Corps of Engineers project, the agreement will also provide that a 20' wide permanent trail shall be dedicated and approved at the top of either the existing eastern levee or future eastern levee of Trabuco Creek. Said future location shall also provide connections to Oso Road and the adjacent northerly property as defined in Condition 11 above. The agreement will further state that the developer will, regardless of the above, improve a 20' wide recreational trail at the top of the eastern levee prior to the September, 2004 date for completion of permanent facilities, as specified in Specific Development Plan 99-01, adopted by Ordinance No. 840. 06-05-01 021 STATE OF CALIFORNIA } COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 01-6-5-5 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 5th day of June 2001, by the following vote: AYES: COUNCIL MEMBERS: NOES COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: Bathgate, Greiner, Gelff, Swerdlin and Mayor Hart None ►C•TiT� T R. MONAHAN, City Clerk