~ Siegel, City Manager

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1 City of San Juan Capistrano Agenda Report 8/1/ TO: FROM: SUBMITTED BY: Honorable Mayor and Members of the City Council ~ Siegel, City Manager Joel Rojas, Development Services Directo~ ~ Steve May, Public Works & Utilities Director :L~ PREPARED BY: DATE: SUBJECT: David Contreras, Senior Planner1Z> August 1, 2017 Consideration of a Request to Modify Final Tract Map Condition of Approval 2.10 to Eliminate the Requirement for Construction of a 1 00-foot Right Turn Lane Into the Tract from Southbound Camino Capistrano (Applicant: Jim Adam). RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing; and, approve the request to modify final tract map condition of approval to eliminate the requirement for construction of a 1 00-foot right turn lane. EXECUTIVE SUMMARY: On May 17, 2016, the City Council approved the Final Map and Subdivision Improvement Agreement for Tract 17842, allowing construction of an eight-lot residential subdivision known as Hidden Creek Estates. A location map is provided as Attachment 1. One of the Tract Map's conditions of approval requires the applicant to construct a right-turn lane and a left-turn lane for vehicles to turn into the project from Camino Capistrano. Based on a field review of existing conditions and discussion with the applicant, the required south bound right-turn lane will not be safe for vehicles due to a large existing Sycamore tree that is leaning outward toward the street. Given that trimming or removal of the Sycamore tree may not be possible because it is considered a "Heritage Tree" by the City's Municipal Code, and the right-turn lane is not needed for traffic safety reasons, staff is recommending that the required right-turn lane be eliminated from the approved Tract's conditions of approval.

2 City Council Agenda Report August 1, 2017 Page 2 of 4 DISCUSSION/ANALYSIS: On August 16, 2005, the City Council approved Tentative Tract Map (TTM) to create eight lots for the development of single-family homes on an existing 2.5-acre parcel. The Applicant, Mr. Jim Adam, consequently constructed the required onsite utilities and access improvements, constructed one residential unit, and graded the 2.5 acre site in anticipation of approval of the Final Map. Due to unforeseen circumstances, approval of the Final Map was not obtained within the time limits of the Subdivision Map Act, and the approved TTM expired. In 2015, the Applicant submitted a new TTM application for essentially the same project that was approved in On August 4, 2015, the City Council approved TTM for the development of the same eight-lot residential subdivision approved in On May 17, 2016, the City Council approved the Final Map and Subdivision Improvement Agreement for Tract Construction of the residential homes is currently underway. When the original TTM was approved by the City Council in 2005, the TTM included Condition of Approval No. 36 (Attachment 2), which required the submittal of a Street Improvement Plan that was to include, but not be limited to, the following two items: a) "A southbound, 1 00-foot right-turn lane into the project. The right-turn lane shall be a minimum eight feet wide. All tapers and transitions shall be per Caltrans standards." b) "A northbound, 100-foot left-turn lane into the project. The left-turn lane shall be a minimum eleven feet wide. All tapers and transitions shall be per Caltrans standards." In accordance with said condition, the Applicant submitted the required Street Improvement Plan to the City, and the Plan was subsequently approved by the City on April 23, The approved Street Improvement Plan includes the right-turn and leftturn lanes described above, as well as the grading and pavement improvements required to construct the turn lanes (Attachment 3). After expiration of TTM 16572, TTM was subsequently approved by the City Council in August 2015 with Condition of Approval No (Attachment 4), which required the submittal of a Street Improvement Plan with exactly the same right-turn lane and left-turn lane requirements as the 2005 condition described above. Staff determined that the previously submitted Street Improvement Plan approved by the City in 2007 satisfied this condition. Construction of the right-turn lane and left-turn lane will require paving improvements and the widening of Camino Capistrano adjacent to the project site. Although the applicant's approved Street Improvement Plan indicates that the required widening would not impact a large Sycamore tree adjacent to Camino Capistrano, staff now believes that the required street improvements cannot avoid impacts to this tree. This is

3 City Council Agenda Report August 1, 2017 Page 3 of 4 a significant concern given that the Sycamore tree is considered a "Heritage Tree" by the City's Municipal Code (36" or more in trunk diameter). As a result, removal of the tree can only occur with approval of a Tree Removal Permit by the City's Planning Commission, after it has been determined by a qualified tree expert that the tree is "unviable because it is dead or dying, diseased, infested, structurally unstable, overcrowded, or exhibits other characteristics which, in the opinion of the qualified tree expert, cause a need for tree removal." The City has not undertaken a thorough assessment of the health of the tree, and has no reason to believe that this determination can be made. Following a meeting between staff and the applicant, the applicant's engineer looked into the matter and submitted a letter (Attachment 5) indicating that, because the existing Sycamore tree is leaning outward toward the street, the tree would render the right turn lane traffic movement unsafe, especially for high profile vehicles. The City Engineer agrees with this assessment and has determined that the required right-lane is not critical for traffic safety. As a result, staff is recommending that the required rightturn lane be eliminated from the approved Tract's conditions of approval and Street Improvement Plan. The existing north bound and south bound bike lanes will be retained under all circumstances. FISCAL IMPACT: There is no fiscal impact associated with this request. ENVIRONMENTAL IMPACT: The City's Environmental Administrator has determined that the modification to Tract Map is consistent with the original project Categorical Exemption (Section 15332; Class 32 "In-Fill Development Projects"); and therefore is exempt from further review. The residential subdivision was found to be consistent with Section because the project would subdivide a parcel that is less than five (5) acres, does not include habitat, endangered, rare or threatened species, will not result in significant effects relating to traffic, noise, air quality, or water quality, the site is adequately served by all required utilities and public services; and the project is consistent with the applicable General Plan designation and Zoning designation and regulations. Furthermore, the modification to condition 2.10 would not result in significant effects relating to traffic because the subdivision is a low traffic generator and does not affect the carrying capacity on Camino Capistrano. A Notice of Exemption (NOE) will be posted should the requested map modification receive final approval. PRIOR CITY COUNCIL REVIEW: On August 16, 2005, the City Council approved TTM to create eight (8) lots for the development of single-family detached homes on an existing 2.5 acre parcel. TTM expired.

4 City Council Agenda Report August 1, 2017 Page 4 of 4 On August 4, 2015, the City Council approved TTM to create eight (8) lots for the development of single-family detached homes on an existing 2.5 acre parcel. On May 17, 2015, the City Council approved the Final Map and Subdivision Improvement Agreement for Tract COMMISSION/COMMITIEE/BOARD REVIEW AND RECOMMENDATIONS: On December 8, 2015, the Planning Commission recommended City Council denial of the applicant's request to eliminate a number of TTM conditions, including the requirement to construct a southbound right-turn lane and a northbound left-turn lane into the project. The applicant subsequently withdrew the request, and therefore the City Council did not consider the Planning Commission's recommendation. NOTIFICATION: Although not required by Title 9, Land Use Code, Section (f), Notification Procedures, a courtesy public hearing notice has been mailed to all property owners within 1,000 feet, as listed on the Orange County Real Property Tax Assessment rolls, and a hearing notice has been published in the Capistrano Valley News at least ten (10) days prior to the hearing, and has been posted at three public locations. This agenda item has also been provided to the applicant. A TI ACHMENT(S): Attachment 1 - Location Map Attachment 2 - TTM Condition of Approval No. 36 Attachment 3 - Excerpt of Approved Street Improvement Plan Attachment 4 - TTM Condition of Approval No Attachment 5 - Applicant's Engineer Letter dated July 7, 2017

5 Location Map * Project Area ATTACHMENT 1

6 CC Resolution ITM 16572, Hidden Creek Estates page 7 of 14 pages Conditions of Approval Date of Approval. August 16, 2005 and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to Camino Capistrano except at the proposed access street intersection (Engr.) Right-of-way Dedication. Prior to final map approval, the applicant shall dedicate to the City the necessary right-of-way, along the Camino Capistrano frontage to accommodate an eighty foot minimum street right-of-way width in accordance with City's Secondary Rural Arterial Standard Section (Engr.). Post Bond/Provide Securities. Prior to final map approval, the applicant shall provide labor and material bonds or securities to insure installation of the improvements listed below. Said bonds or securities shall be in the amount of 100% of the estimated improvement cost for each, but not limited to, of the following: street improvements, street Monumentation, street lights, storm drains, sewer, landscaping and irrigation. Said bonds or securities may be released upon successful completion of said improvements.. In addition, the applicant shall provide performance bonds or securities in the amount of 100% of the estimated improvement costs to insure the efficacy of said improvement. Improvement cost estimates shall be prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. Release of bonds or securities shall be in accordance with the terms of the Subdivision Improvement Agreement associated with TTM 16572, if applicable, or as determined by the City Engineer (Engr.). Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, The applicant shall pay for all cost of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a. PXF format. All Digital Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital Submission Standards.(Engr.). Street Improvement Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed easements, improvements and right-of-way dedications, including but not limited to the following: a) A southbound, 100-foot right-tum lane, into the project The right-tum lane shall be a minimum eight feet wide. All tapers and transitions shall be per Caltrans standards. b) A northbound, 100-foot left-tum lane, into the project. The left-turn lane shall be a minimum eleven feet wide. All tapers and transitions shall be per Caltrans standards. c) All radii at the intersection of Camino Capistrano and the private street shall be a minimum 25-foot radius. *denotes a mitigation measure established by the Mitigated Negative Declaration ATTACHMENT 2

7 CC Resolution TTM 16572, Hidden Creek Estates page 8 of 14 pages Conditions of Approval Date of Approval: August 16, 2005 d) The geometries of the private street shall be designed to accommodate the turning radii for a "Single Unit" vehicle with parked vehicles. e) Street width for the private street shall be a minimum 28 feet with parking allowed on one side only. f) Old Highway 101 shall be retained to the maximum extent possible. g) Dedication of street right-of-way along Camino Capistrano frontage to accommodate an 80 foot minimum right-of-way width in accordance with City's Secondary Rural Arterial Standard Section. h) The existing bicycle lanes along Camino Capistrano shall be maintained and incorporated in the street design. PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS 37. All Construction Work Requires a Permit. Prior to issuance of grading and rightof-way improvement permits, any and every improvement work, whether performed on-site or off-site, requires a Right-of-Way Encroachment Permit issued by the Engineering Division. The purpose of such permit is to ensure the integrity of all existing improvements affected by the permit's construction activities (Engr.). 38. Soils/Geoloav Report. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer and Building Official for their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements within the project and preliminary pavement sections and substructure bedding/backfill recommendations (Engr.). 39. Storm Runoff. Hydraulic/Hydrology Calculations. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and shall obtain approval for a Storm Runoff study, prepared by a Registered Civil Engineer, showing existing and proposed facilities, hydraulic and hydrologic calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any affected street or facility. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, standards and Orange County Public Facilities & Resources Department (OCPF&RD) design criteria (Engr.). 40. Grading Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and obtain approval for Grading Plans prepared by a Registered Civil Engineer. These plans shall show the limits of grading, drainage, perim'eter walls with footings contained within the tract boundaries, sewer, water and frontage parkway improvements. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. All drainage must be properly conveyed * denotes a mitigation measure established by the Mitigated Negative Declaration

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9 Hidden Creek &tat6s. TentatiVe Tract Msp IITMJ Conditions of Approval Psge 13 of 19 pages u u drainage facility. (PW&UD) Erosion & Sediment Control Flan Section. Erosion and Sediment Control Plan sheets shall be Included within the Drainage Improvement Plan set for the regulation and control of pollutant run-off by using Best Management Practices (BMPs) as prepared by a CaRfornla State Registered Civil Engineer for the review and approval by the City Engineer. The plan shall show all temporary and permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions and fences to prevent public trespass onto certain areas where Impounded water may create a hazardous condition. In order to control pollutant run-off, the applicant/subdivider shall demonstrate to the sausfactlon of the City Engineer that all water quality best management practices shall be designed in accordance with the National Pollutant Discharge Elimination System (NPDES) standards, and the requirements of California Regional Water Quanty Control Board (San Diego Region) Order No. R and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. (PW&UD} 7 _ 0 Street Improvement PIOns. The applicant/subdivider shall submit Street \;;;;;/Improvement Plans prepared by a Registered Civil Engineer concurrently with the Drainage, Sewer and Water, and Dry Utilities Plans, to the City Engineer for review and approval. These plans shall show all existing end proposed Improvements Including, but not limited to, easements, traffic calming devices, striping, slgnage, signalization, curb and gutter, sidewalks and all related appurtenances. All design of Improvements shall comply with the City Standard f'tans, Orange County Standard Plans, or equivalent standards that are approved by the City Engineer. The Street Improvement Plans for Camino capistrano frontage area shall Include but not be limited to the following (PW&UD): u a) b) c) d) e) f) g) A southbound, 100-foot right-tum lane, Into the project. The right-tum lane shell be a minimum eight feet wide. All tapers and transitions shall be per Caltrans standards. A northbound, 100-foot left-tum lane, Into the project. The left-turn lane shall be a minimum eleven feet wide. All tapers and transitions shall be per Caltrans standards. All radii at the Intersection of Camino Capistrano and the private street shall be a minimum 26-foot radius. The geometries of the private street sh~ll be designed to accommodate the turning radii for a MSingle Unit" vehicle with pa!i(ed vehicles. Street width for the private atreet shall be a minimum 28 feet with pari<lng allowed on one side only. Old Highway 101 shall be retained to the maximum extent possible. Delineated dedicated street right-of-way along Camino Capistrano frontage to accommodate an eo foot minimum rtght-of-way width in ATTACHMENT 4

10 Hidden Creek Estates_ Tentative Tract Mao tdmi Conditions of Approval page 14 of 19 pps h) accordance with City's Secondary Rural Arterial Standard Section. The existing bicycle lanes along Camino Capistrano shall be maintained and Incorporated in the street design. n 2.11 Final Landscaping Plans. The applicant shall submit final landscaping plans concurrently with the Drainage and Street Plans, to the Development Services Director for review and approval. The landscape plan shall comply with the City's Water Conservation Ordinance. The landscape plan shall Include the following: a. Plant palate list, plant details, Irrigation plan and details, etc. All proposed specimen trees to be planted along the Camino Capistrano frontage shall be situated on the project site outside the public right of-way, b. The applicant shall preserve the remnants of the 1880s wagon on-site and shall be situated In the landscaped common area between the proposed private street and Camino Capistrano. The applicant shall enter Into a landscape maintenance agreement with the City to maintain the existing trees along the Camino Capistrano frontage of the project site which serve as a visual buffer to the project Construction Cost Estimate. The appucantlsubdivider shall submit an estimate of quantity and construction costs prepared by a Registered Civil Engineer on the City approved form concurrently with the Drainage, Sewer and Water, Street, Dry Utilities, and Landscape and Irrigation Plans, to the City Engineer for review and approval. Said estimates shall include, but not limited to, costs for construction of all applicable Improvements associate with the Drainage, Sewer and Water, Street, Dry Utilities, landscape and Irrigation Plans, as well as costs associated with the setting of survey monuments Monumentatlon of the property (collectively herein referred to as the wsubdivision Improvement Agreement Costs'"). Construction cost estimates of facilities that will be dedicated to the City for operation and maintenance shall comply With the California Labor Code Section 1720 with respect to the prevailing wages requirements. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (PW&UD) 2.13 Substlvjsion lmproyeroent Agreement with Bonds and Secudt!es. The applicant/subdivider shall execute a Subdivision Improvement Agreement with the City and shall provide performance bonds/securities ln the form approved by the City Attorney for 100 percent of each estimated Subdivision Improvement Agreement Cost within the City approved forms, inclusive of soft costs (e.g. Materials Testing, Inspection, Construction Management, Surveying, etc.. ), as prepared by a Registered Civil Engineer and approved by the Public Wort<s and Utilities Assistant Directors, City Engineer, and City Attorney for all onsite and offsite improvements Including, but not limited to, street Improvements, signing, signalization, striping and street lights, storm drains. sewer, water, recreational traits, landscaping and Irrigation In rights-of-way, public easements, private slopes, and open space. In addition, the applicant shall provide labor and materials bonds/securities for 100 percent of the estimated Subdivision!'I i I. I..._, I I

11 SAWAYA ENGINEERING CONSULTANTS, INC. CIVIL ENGINEERING LAND PLANNING SURVEYING July 7, 2017 Mr. Jim Adam Junipero Serra San Juan Capistrano, CA Subject: Evaluation of approved right turn lane into the development. Tract No , San Juan Capistrano, California, In accordance with your request, Sawaya engineering Consultants INC. has prepared this letter to evaluate the proposed I approved southbound right turn lane into the subdivision and update our recommendations for the widening of Camino Capistrano Road which is a condition for the approval of Tract 17842, in the City of San Juan Capistrano, California. The current design of Camino Capistrano was approved in 2006 to include a shared right tum lane into the subdivision I bicycle lane. The bicycle lane was approved to be 5 feet wide. The right tum lane was approved to be the 5 feet bicycle lane plus three additional feet for a total of 8 feet wide. The approved design of 2006 was evaluated with the current conditions of Camino Capistrano. It is determined that the existing sycamore tree has leaned outward, toward the street. Such condition is going to render the right tum traffic movement unsafe especially for high profile vehicles. Unless the sycamore tree would be trimmed I removed, it is recommended that the right turn lane be eliminated. As for the 5 feet bicycle lane, it can remain in its current location (see exhibit). Thank you for the opportunity to be of service. If you have any questions or require further information, please contact us. Sincerely, Selim R. Sawaya, P.E.I P.L.S. "The true cost of engineering is reflected in the cost of construction." Ironstone Drive, Yorba Linda, CA 92887, Phone (626) ATTACHMENT 5