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15-1117_DEVELOPMENT SOLUTIONS OAK, LLC_Agenda Report_E1a - Class I BikewayTO : FROM: DATE : City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council Thorn Coughran, P.E., Interim Public Works ~nd U · · · s irector Prepared by: Joe Mankawich, Associate Engine November 17, 2015 11/17/2015 E1a SUBJECT: Consideration of a Class I Bikeway for the San Juan Creek Trail Extension (The Oaks) RECOMMENDATION: By motion, approve the Trails and Equestrian Commission recommendation regarding construction of the San Juan Creek Trail Extension, with the Class I Bikeway being aligned adjacent to the Oaks Development, eliminate the mulch buffer, grading of the multi-use/equestrian trail kept to a minimum, and installation of a bio-swale on the outer edge of the trail, closest to the creek. EXECUTIVE SUMMARY: At their November 5, 2015, Trails and Equestrian Commission (TEC) meeting the Commission approved, on a 3-1 vote with one abstention, to recommend to the City Council the construction of the San Juan Creek Trail Extension with the Class I Bikeway being aligned adjacent to the Oaks development, elimination of the mulch buffer, grading of the multi-use/equestrian trail kept to a minimum and installation of a bio- swale on the outer edge of the trail, closest to the creek (Attachment 4). DISCUSSION/ANALYSIS: At its January 6, 2014, meeting the Open Space Trails and Equestrian Commission (OSTEC) unanimously approved the proposed trail improvements for Tentative Tract 17441 (The Oaks) (OSTEC Minutes, Attachment 1 ). The alignment approved placed the bikeway adjacent to the development, with the equestrian/multi-use trail closest to the creek (Attachment 2). At its January 14, 2014, meeting the Planning Commission approved a Mitigated Negative Declaration, Tentative Tract Map, Rezone, Tree Removal Permit and Grading Plan Modification for the Project. At that meeting staff presented a change in alignment, City Council Agenda Report November 17, 2015 Page 2 of 4 with the equestrian/multi-use trail located closest to the development and the bikeway closest to the creek and was approved (Attachment 3). Based on the recommendations from the former Open Space, Trails and Equestrian Commission and the Planning Commission, the City Council on February 18, 2014, adopted City Council Resolution No.14-02-18-03. The resolution approved Tentative Tract Map 17 441 for the Oaks Development and included construction of a Class I paved bike trail and an unpaved Multi-use Hiking/Biking/Equestrian Trail which completed the gap in the San Juan Creek Trail. The resolution conditioned the City Council's approval on the developer's (Davidson Communities) construction of a Class I paved bike trail and an unpaved Multi-use Hiking/Biking/Equestrian Trail, which would complete the gap in the San Juan Creek Trail. The condition is as follows: 'Trail and Bikeway Dedications. Prior to approval of each final map, the applicant/subdivider shall design to City trail standards, improve, and dedicate, at no cost to the City, the trails listed below and shall show the easement dedications on the final map. Any deviation from the trail requirements shall be subject to prior review and approval by the City Engineer. Trails shall be improved and easements dedicated to the City for all public hiking, equestrian and bicycle trails located within parcels belonging to the Homeowner's Association or within parcels which are privately owned. Trails within existing or proposed City-owned parcels and/or open space do not require separate trail easements. Said dedicated trails shall include: • Class 1 Paved Bike Tail, and • Multi-Use Hiking/Biking/Equestrian Trail (Unpaved) The applicant/subdivider shall construct all street and trail improvements within the preceding dedications in accordance with the applicable City Standards and Trail Design Manual or to the satisfaction of the City Engineer, subject to the limitations imposed by outside agencies for habitat preservation and/or by mitigation requirements, as approved by the City Engineer. The bike trail shall be constructed adjacent to San Juan Creek and shall include a minimum of a 3' wide bio-swale, or other design feature as approved by the City Engineer to provide separation from the multi-use trail." At its meeting on March 17, 2015, the City Council considered the Final Map for Tract 17741 (The Oaks). During discussion of the approval for the Final Map a letter from a concerned Trails and Equestrian Commissioner, and public comment led to discussion regarding the development of the trail. The City Council requested the Trails and Equestrian commission review the placement of the equestrian trail and bring back a City Council Agenda Report November 17, 2015 Page 3 of 4 recommendation for City Council approval. The developer's representative, present at the meeting, stated that he would be open to considering moving the alignment back to the one previously approved by the OSTEC. The City Council approved Final Map 17441 (The Oaks), based upon the developer meeting all conditions of approval for the project, including receiving plan approval for the construction of the subject trail. The map was recorded on April 15, 2015. The Planning and Zoning Law prohibits cities from adding or changing conditions to approved final maps for a period of 5 years (3 years, if the tentative map life was extended pursuant to certain statutes) after the final map was recorded. (Gov. Code 65961.) The Trails and -Equestrian Commission's recommendation to change the trail alignment meets the requirements of the conditions of approval. FISCAL IMPACT: The San Juan Creek Trail Extension is developer funded. Trail maintenance costs will be the only outlay required by the City. ENVIRONMENTAL IMPACT: The City's Environmental Administrator has reviewed and filed a Mitigated Negative Declaration Notice of Determination for this project on November 15, 2013. The City received no comments on this filing. PRIOR CITY COUNCIL REVIEW: • On March 17, 2015, the City Council approved Final Tract Map 17441 (The Oaks) and requested the Trails and Equestrian Commission to review the equestrian trail and to report back to the City Council with a recommendation. • On February 18, 2014, the City Council approved Tentative Tract Map 17441. The resolution approving the tract included a condition to construct a Class 1 bikeway and equestrian trail along the City-owned berm adjoining the Oaks property. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • At its November 5, 2015, Equestrian and Trails Commission meeting the Commission voted on a 3-1 vote, with one abstention, to recommend to City Council the construction of the San Juan Creek Trail Extension with the Class I Bikeway being aligned adjacent to the Oaks development, elimination of the mulch buffer, grading of the multi-use/equestrian trail kept to a minimum and installation of a bio-swale on the outer edge of the trail, closest to the creek. City Council Agenda Report November 17, 2015 Page 4 of 4 • On October 5, 2015, the Equestrian and Trails Commission requested additional information regarding the bikeway gates at Reata Park prior to finalizing their recommendations for the San Juan Creek Trail Extension. • On September 2, 2015, the Equestrian and Trails Commission directed staff to review the possibility of changing the design of the approved and conditioned trail plans. • At its June 3, 2015, Equestrian and Trails Commission meeting, the Commission held an onsite tour of the San Juan Creek Trail Extension. • At its January 14, 2014, meeting the Planning Commission approved a Mitigated Negative Declaration, Tentative Tract Map, Rezone, Tree Removal Permit and Grading Plan Modification for the Project. • At its January 6, 2014, meeting the Open Space Trails and Equestrian Commission approved the trail improvements for Tract 17441 (The Oaks). NOTIFICATION : Trails and Equestrian Commission Tim O'Grady, Davidson Communities Tom Ostensen A TTACHMENT(S): Attachment 1-OSTEC Minutes January 5, 2014 Attachment 2-Trail Section showing bikeway adjacent to development (Per original OSTEC approval January 6, 2014) Attachment 3-Trail Section showing equestrian trail adjacent to the development (Per Planning Commission approval January 14, 2014) Attachment 4-Trail Section showing bikeway adjacent to development and elimination of the mulch buffer as approved by TEC on November 5, 2015 Attachment 5-Location Map 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493·1171 (949) 493·1053 FAX www.sanjuancapistrano.org REGULAR MEETING MINUTES MEMBERS OF THE CllY COUNCIL SAM AlLEVATO ROY L BYRNES, M.D. LARRY KRAMER DEREK REEVE J,OHN TAYLOR OPEN SPACE, TRAILS & EQUESTRIAN COMMISSION January 6, 2014 ·A. ORGANIZATION: 1. CALL TO ORDER: The Vice-Chair called the meeting of the Open Space, Trails and Equestrian Commission to order at 6:30p.m. 2 . PLEDGE ·OF ALLEGIANCE: The Vice-Chair led the Commission and audience in the Pledge of Allegiance . 3. ROLL CALL: COMMISSIONERS PRESENT: Rob Ferguson, Chairman AI King, Vice-Chair lise Syrnes Elliott Levenson COMMISSIONERS ABSENT: Tom Ostensen STAFF PRESENT: William Ramsey, AICP, Assistant Director Nelson Miller, Interim Dev. Services Director Nick Taylor, Associate Planner Cynthia Alexander, Comm. Service Director B. ORAL COMMUNICATIONS: None. C. CONSENT CALENDAR 1. Open Space. Trails & Equestrian Commission October 7. 2013 Meeting Minutes: On motion duly made and passed, the Commission approved the subject meeting minutes as submitted. D. UNFINISHED BUSINESS: -1. Continued Consideration of a Proposed Revenue-Generating and Maintenan'ce Strategy for the Citv-Owned Rancho Mission Viejo (RMV) San Juan Capistrano: Preserving the Past to Enhance the Future ft. \,., Printed on 100% recycled paper • ATTACHMENT 1 OSTEC Minutes 2 January 6. 2014 Riding Park at San Juan Capistrano and Open Space Lands Funding (Project Manager: Finance Work ing Group-Cha ir Ferguson and Commiss ioner Levenson). E. NEW BUSINESS: 1. Consideration of Tentative Tract Map (TIM) 17 441 . Rezone <RZ} 13-003 . Arch itectural Contr61 (AC) 13-018. Tree Removal Permit (TRP) 13-052. Grading Plan Modification (GPM) 13 -002 , Conditional Use Permit (CUP) 13-006 . and Zone Variance (ZV) 13-002. The Oaks; a Proposed 32-lot Subdivision for Single-family Detached Residential Homes . and Modifications to an Existihg Commercial Equestrian Facility on a 20.25 Acre Project Site Located at 31000 Avenlda Siega . Generally Located East of the Southern Terminus of Avenida Siega . and South of Ortega Highway approximately 3.400 feet west of La Pata Avenue (Applieant: Dav idson Communlt ies)(P roject Manag er: Nick Taylor. Associate Planner). Chair Ferguson made a motion, seconded by Commissioner Levenson, to recommend that the Planning Commission and City Council approve the proposed trail improvements. The motion passed unanimously. 2 . Worksession on Updating the Open Space. Trails and Equestrian Commission (OSTEC) Priorities for 2014 (Pro ject Manage r: William Ramsey , AICP. Assistan t Development Serv ices Director). Mr. Ramsey made a brief presentation to the Commission and provided background on the Commission's priority setting process. He noted that the 2013 priorities, provided as an attachment to the agenda report, were now available for review and updating by the Commission. By motion duly made and seconded, the Commission continued consideration to their February 3 meeting. F:. INFORMATION ITEMS: 1. Verbal Update on North West Open Space Sewer Connection and Phase 1 plan Status. Mr. Miller provided an update indicating that the Public Works & Utilities Department had completed the preliminary design. Mr. Ramsey noted that the City had retained a California Environmental Quality Act (CEQA) consultant (Keeton Kreitzer Consulting) to conduct the environmental review of the project which was under preparation. 2. Verbal Status on Equestrian Trail Plan through Rancho Mission VieJo Riding Park (RMVRP). Mr. Ramsey advised the Commission that the staff had completed conceptual design alternatives for this trail connection, had provided those to Rancho Mission Viejo (RMV) for review, and were awaiting comments and recommendations to assure that the alignment would connect seamlessly with the Sendero Trail at the Ortega Highway (SR 74) under-crossing. .· OSTEC Minutes 3 January 6. 2014 3. Verbal Status on Alternative Trail Connection between North West Open Space and Saddleback Trail. This item was continued to the February 3 meeting. G. COMMITTEE REPORTS: To assure compliance with the Brown Act, Committee reports are only for the purpose of the Committee chair to provide a verbal update. Should the Commission want to discuss any Committee work item, those would need to be agendized for the next, regularly scheduled Commission meeting. Chair Ferguson noted that there was no need at this time to provide Working Group reports on the following: 1. Northwest Open Space Working Group (King. Ostensen). 2. Trails Working Group (Levenson. Byrnes}. 3. Finance Working Group (Ferguson, Levenson). 4. Reata Park & Event Center Working Group (Ferguson. King). H. ADJOURNMENT: The Chairman adjourned the Open Space, Trails, and Equestrian Commission meeting to the next regularly schedule meeting for Monday, February 3, 2014 at 6:00 p.m. in the Council Chambers. Approved: m A. Ramsey, AICP , Ass ista nt Commission Secretary ~ ---4 )> 0 ::I: :s: m z ---4 ~ THE OAKS +----EQUESTRIAN CENTER OSTEC APPROVED TRAIL SECTION-JANUARY 6, 2014 2' MIN. 5"MAX: MULCH BUFFER 10'-0" CLASS II BIKE TRAIL 36" MULCH BUf!'ER MIN. 20 '-0" VARIABLE TO TOP OF SLOP E EQUESTRIAN TRAIL 36" BIOSWALEAT TOP OF SLOPE SAN JUAN CREEK ---+ ~ -t ~ ::t: 3: m z -t (.,) PC APPROVED TRAIL SECTION-JANUARY 14, 2014 VARIES THE OAKS QUESTRIAN CENTER EQUESTRIAN TRAIL 36" 20'-0" 10'-0" CLASS II BIKE TRAIL SAN JUAN CREEK ----) )> """"' --: )> (") :I: :5: m z """"' ~ THE OAKS ~ EQUESTRIAN CENTER TEC APPROVED TRAIL SECTION-NOVEMBER 5, 2015 2'MIN. 5' MAX. 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