PC Resolution-19-05-14-01PC RESOLUTION NO. 19-05-14-01
GENERAL PLAN AMENDMENT (GPA) 18-002
CODE AMENDMENT (CA) 16-003
DEVELOPMENT AGREEMENT (DA) 18-002
.FLOOD PLAIN LAND USE PERMIT (FP) 16-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE RIVER
STREET MARKETPLACE PROJECT (SCH#2018011019) AND ADOPT THE
MITIGATION MONITORING AND REPORTING PROGRAM; APPROVE GENERAL
PLAN AMENDMENT (GPA) 18-002; APPROVE CODE AMENDMENT (CA) 16-003;
APPROVE DEVELOPMENT AGREEMENT (DA) 18-002 AND FLOOD PLAIN LAND
USE PERMIT (FP) 16-003 FOR RIVER STREET MARKETPLACE, A NEW 64,900 -
SQUARE FOOT COMMERCIAL AND OFFICE DEVELOPMENT PROJECT LOCATED
AT THE SITE OF THE EXISTING ITO NURSERY PROPERTY AT 31825 LOS RIOS
STREET (ASSESSOR PARCEL NUMBERS 121-160-22,28,49), WHICH CURRENTLY
CONSISTS OF AN APPROXIMATELY 5.86 ACRE COMMERCIAL NURSERY
(APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC).
Whereas, Dan Almquist, River Street SJC, LLC, 610 Newport Center
Drive, Suite 410, Newport Beach, CA 92660 has requested approval of GPA 18-002,CA
16-003, DA 18-002 and FP 16-003 to allow for a new 64,900 square foot commercial
and office development project located at the site of the existing Ito Nursery Property
(31825 Los Rios Street (Assessor Parcel Numbers 121-160-22, 28, 49), which currently
consists of an approximately 5.86 acre commercial nursery; and,
Whereas, Sheree & Doug Ito are the owners of the real property located at
31825 Los Rios Street (Assessor Parcel Numbers 121-160-22, 28, 49); and,
Whereas, the applicant proposes to develop the entire 5.86-acre site with
commercial and office space that combines restaurant, office, and artisan retail space
within five unique buildings totaling approximately 64,900 square feet, along with
associated improvements ("the River Street Marketplace Project" or the "project"); and,
Whereas, the project is designed to reflect the City's agrarian history and
includes metal/wood barn themed buildings, a courtyard designed and planted with
California native plant landscaping, and amenities designed to be consistent with the
early San Juan Capistrano aesthetic; and,
Whereas, the project would provide indoor and outdoor dining, farm fresh
produce, unique retail venues, and a grassy common with varied seating options and
communal tables for outdoor dining; and,
Whereas, the project also includes a parking area with an olive grove that
would be accessed via Paseo Adelanto and Los Rios Street; and,
PC Resolution 19-05-14-01 2 May 14, 2019
Whereas, River Street, which bounds the project on the north, is a paved
private drive, and the project proposes to transition River Street from the existing paved
street to a decomposed granite path with bollards east of its intersection with Paseo
Adelanto to prohibit vehicular traffic and proposes to remove the existing property line
dividing fence; and,
Whereas, the Los Rios Historic District, which is listed on the IHCL,
NRHP, and the California Register of Historic Resources (CRHR) is adjacent to the
eastern boundary of the project site, and the portion of the Los Rios Historic District that
includes River Street forms the north edge of the project site; and,
Whereas, excepting overlap with River Street, the project will not take
place within the Los Rios Historic District; and,
Whereas, on October 4, 2016, the City Council of the City of San Juan
Capistrano initiated a Code Amendment for the proposed commercial center project on
the subject site consisting of approximately 5.86 acres; and,
Whereas, on April 3, 2018, the City Council of the City of San Juan
Capistrano initiated a General Plan Amendment to conduct an appropriate study 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; and,
Whereas, the proposed project is being processed pursuant to Section 9-
2.307, General Plan Amendment 18-002, and Section 9-2.309, Code Amendment 16-
003, of Title 9, Land Use Code of the City of San Juan Capistrano to establish policies
and zoning regulations for the project site, in form of the proposed River Street
Marketplace; and,
Whereas, pursuant to section 21067 of the Public Resources Code, and
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed project; and
Whereas, in accordance with State CEQA Guidelines section 15082, on
January 12, 2018, the City sent to the Office of Planning and Research and each
responsible and trustee agency a Notice of Preparation ("NOP") stating that an
Environmental Impact Report (State Clearinghouse Number #2018011019) would be
prepared; and
Whereas, a Draft Environmental Impact Report ("Draft EIR") was
prepared, incorporating comments received in response to the NOP; and
Whereas, in accordance with State CEQA Guidelines section 15085, a
Notice of Completion was prepared and filed with the Office of Planning and Research
on January 30, 2019; and
Whereas, as required by State CEQA Guidelines section 15087(a), the
City provided Notice of Availability of the Draft EIR to the public at the same time that
PC Resolution 19-05-14-01 3 May 14, 2019
the City sent Notice of Completion to the Office of Planning and Research; and
Whereas, as disclosed in the Draft EIR, the proposed project could result
in potentially significant and unavoidable temporary construction noise impacts, but all
other impacts could be reduced to a level of less than significant through the
incorporation of mitigation measures; and,
Whereas, pursuant to State CEQA Guidelines section 15087(e), the Draft
EIR was circulated for a 45-day review period from January 30, 2019 to March 18, 2019;
and,
Whereas, during the 45-day public comment period, the City consulted
with and requested comments from all responsible and trustee agencies, other
regulatory agencies, and others pursuant to State CEQA Guidelines section 15086;
and,
Whereas, the City received 24 written comment letters during the public
review period on the Draft EIR, including an acknowledgement from the State
Clearinghouse that the City has complied with CEQA environmental review
requirements, and after the close of the public review period, the City received one late
comment letter; and,
Whereas, the City has prepared responses to the comments received and
made minor revisions to the Draft EIR, which are included in the Final Environmental
Impact Report (Final EIR); and,
Whereas, pursuant to Public Resources Code section 21092.5, the City
provided copies of its responses to commenting public agencies at least ten (10) days
prior to the City's consideration of the Final EIR on May 2, 2019; and,
Whereas, the "EIR" consists of the Final EIR and its attachments and
appendices, as well as the Draft EIR and its attachments and appendices (as modified
by the Final EIR); and,
Whereas, all potentially significant adverse environmental impacts were
sufficiently analyzed in the EIR; and,
Whereas, the Planning Commission has considered all project
environmental documentation including the Final EIR; and,
Whereas, the EIR reflects the independent judgment of the City and is
deemed adequate for purposes of making decisions on the merits of the proposed
project; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on May 14, 2019 pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the proposed project and has
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considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings with respect
to the California Environmental Quality Act (CEQA) and the Final Environmental Impact
Report (FEIR):
1. The Planning Commission has reviewed and considered the Final El R
and the public testimony regarding the environmental review of the Project; and,
2. The Planning Commission finds on the basis of the evidence
presented and the whole record before it, including the Final EIR, that there is no
substantial evidence that the proposed project, as mitigated, would have a significant
effect on the environment except with regard to the temporary construction noise
impacts; and,
3. Whereas, the Planning Commission finds that the Mitigation Monitoring
and Reporting Program, attached hereto as Exhibit A, should be adopted with all
mitigation measures made enforceable as a regulatory requirement for the development
of the River Street Marketplace project; and,
4. Whereas, on the basis of the foregoing and the Planning Commission's
review of the entire administrative record for the project, the Planning Commission
hereby recommends that the City Council certify the Final EIR. The foregoing
recommendation reflects the Planning Commission's independent judgment and
analysis; and,
5. Whereas, the record of proceedings on which the Planning
Commission's decision is based is located at City Hall for the City of San Juan
Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California and the
custodian of record of proceedings is the Development Services Department
Administrative Specialist.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with
respect to General Plan Amendment (GPA 18-002):
1. The proposed General Plan Amendment is internally consistent with all
other sections of the Land Use Element and also with all other Elements of the General
Plan. This amendment would amend various sections of the General Plan to ensure
consistency between the proposed Amendments and the Los Rios Specific Plan. This
amendment would allow for the adoption of the accompanying Code Amendment.
2. The proposed General Plan Amendment is consistent with the overall
goals and policies of the General Plan because it establishes a land use designation
governed by the Los Rios Specific Plan, and the proposed land uses, development
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standards and design elements of the Commercial Core Planning Area are consistent
with the following goals and policies of the General Plan including:
Land Use Element
Land Use GOAL 1: Develop a balanced land use pattern to ensure that
revenue generation matches the City's responsibility for provision and maintenance of
public services and facilities.
Amending the Los Rios Specific Plan to include the Commercial Core
Planning Area would allow for implementation of the River Street Marketplace project.
The Commercial Core Planning Area would provide additional retail uses to serve the
community. Additionally, the amendment would contribute to an increase in property
taxes, due to the improvement of an undeveloped and underutilized property. This
increase in property tax revenue would assist the City to maintain and improve public
services and facilities. Property improvement and development of the project would help
to facilitate Land Use Goal 1.
Policy 1. 1: Encourage a land use composition in San Juan Capistrano that
provides a balance or surplus between the generation of public revenues and the cost
of providing public facilities and services.
The proposed project would contribute the project's fair share of public
facility and utility costs through payment of Development Impact Fees. Additionally,
property taxes generated as a result of project implementation would go to the City's
General Fund, from which the City utilizes revenue to fund public services and utilities.
Policy 1.2: Encourage commercial, tourist-oriented, and industrial
development that is compatible with existing land uses within the City to improve the
generation of sales tax, property tax, and hotel occupancy tax.
The Commercial Core Planning Area is envisioned as a commercial,
tourist-oriented development that has been designed to be compatible with existing land
uses. The Specific Plan Amendment would improve the generation of sales tax and
property tax within the City.
GOAL 2: Control and direct future growth within the City to preserve the
rural village-like character of the community.
The proposed project would develop the site with a commercial center at a
maximum Floor Area Ratio (FAR) of 0.25:1 and at a maximum height of two stories. The
proposed project is a designed development that highlights the agrarian history of the
area, with themed buildings and an earth-toned color palette. The development concept
fosters interaction and mutual support between the project's various land uses. Visiting
patrons are provided retail and dining opportunities without the need for multiple
vehicular trips. The proposed project is envisioned as a pedestrian-oriented
development, offering communal tables for outdoor dining, a vegetable garden for farm-
PC Resolution 19-05-14-01 6 May 14, 2019
to-table inspired dining, and other amenities. A portion of the site is also envisioned as
an area for community gatherings and activities that foster public involvement.
Policy 2.2: Assure that new development is consistent and compatible with
the existing character of the City.
The proposed project would allow for the development of a commercial
center that would be consistent in use and character with surrounding development in
the Los Rios Street Historic District, including surrounding buildings and retail uses.
The proposed development plan includes an Agrarian influence design that ensures
consistency in visual character between the proposed project and surrounding
architecture. The proposed architectural style is consistent with the Los Rios Street
Historic District's heritage containing significant amounts of Agrarian, Craftsman
Bungalow and California vernacular board-and-batten styles currently represented
along Los Rios Street.
Policy 2.3: Ensure that development corresponds to the provision of public
facilities and services.
The proposed project would be served by existing infrastructure and
utilities. The EIR includes a detailed analysis of all potential environmental impacts of
the Specific Plan Amendment and a specific section is devoted to the project's impacts
on public facilities and services. According to the EIR, the proposed project would have
less than significant impacts with mitigation incorporated.
GOAL 3: Distribute additional population within the City based on risk
factors. Policy 3. 1: Confine higher density land uses to the valley areas outside of the
floodplain.
Development of the proposed Commercial Core Planning Area would not
cause a population increase within the City. Residential uses are not a permitted use
within the Commercial Core Planning Area and the General Plan recognizes that future
densities of population could be allocated to the valley areas of the City outside of the
floodplain.
Policy 3.2: Limit density of development in the hillsides, floodplains, and
other high risk areas.
Open space and natural features provide visual quality in San Juan
Capistrano. Open spaces also can protect community safety by limiting development in
high risk areas such as hillsides and floodplains. The quality of life can also be
maintained by preserving areas which contribute to the community in an open space
capacity, such as groundwater recharge and recreational areas.
The proposed uses within the Commercial Core Planning Area are not
high-density land uses. As part of the proposed development, the elevation of a portion
of the site will be raised to remove that portion from the floodplain consistent with local,
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state, and federal requirements. In addition, no open spaces or natural features are
located on the site.
GOAL 4: Preserve major areas of open space and natural features.
The project site is currently a commercial plant nursery and is designated
by the Los Rios Specific Plan for commercial uses (not open space or agricultural uses).
The project site does not contain natural topography or natural features that have
functioned as public open space or would represent a natural hazard. Although the
project site is within a 100-year flood plain, specific plan amendment includes a Water
Quality Management Plan specifying that proposed buildings would be elevated above
flood depths anticipated for the site. The project site consists of a commercial nursery
operation and would not affect ridgelines or its immediate adjacent area. Therefore, the
proposed project would be consistent with Goal 4 of the Land Use Element.
GOAL 5: Encourage commercial development which serves community
needs and is located in the existing central business district.
The proposed project has been designed to serve the community with
retail, restaurants, and office and community gatherings. The Commercial Core
Planning Area has been specifically designed to complete the buildout of the Los Rios
Specific Plan. The site has been designated for low density commercial uses since at
least the 1970's and its location acts as an extension of the City's downtown area.
GOAL 6: Enhance or redevelop underperforming commercial centers.
Policy 6. 1: Allow for the transition of the oversupply of commercial land use to other
economically viable revenue producing land uses.
Although the site is not considered an underperforming commercial
center because [explain], the existing nursery could be considered an underperforming
commercial use that would be redeveloped as part of the Commercial Core Planning
Area. No transition of land uses are proposed as part of the Specific Plan Amendment.
GOAL 7: Enhance and maintain the character of neighborhoods.
The proposed project has been designed as a neighborhood-scale
commercial and office development that highlights the agrarian history of the area. The
project site would be developed with 64,900 square feet of commercial and office space
in five buildings: Marketplace, Mercantile, Greenhouse, Red Barn, and Farmstead. The
overall design concept for the project depicts a pedestrian-oriented development, with
outdoor seating and dining areas that incorporate a California-native landscape palette.
The center would provide indoor and outdoor dining, farm fresh produce, and unique
retail venues. A grassy common setting provides varied seating options and communal
tables for outdoor dining. Consistent with the project theme, the proposal proposes to
replace the existing asphalt on River Street with decomposed granite to enhance the
pedestrian path. The project also includes a parking area with an olive grove that would
be accessed via Paseo Adelanto and Los Rios Street.
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Policy 7. 1: Preserve and enhance the quality of San Juan Capistrano
neighborhoods by avoiding or abating the intrusion of non-conforming buildings and
uses.
The project site has been designated and used for commercial uses for
over 40 years. The proposed uses within the Commercial Core Planning Area are not
considered to be non-conforming buildings or uses. The Commercial Core Planning
Area includes new uses that have been specifically designed to minimize impacts to the
adjacent residential uses within the Los Rios Street Historic District.
Policy 7.2: Ensure that new development is compatible with the physical
characteristics of its site, surrounding land uses, and available public infrastructure.
There are no physical characteristics of the site that would preclude
development of the Commercial Core Planning Area. The project has been specifically
designed to minimize impacts to the adjacent residential uses within the Los Rios Street
Historic District. The available and required public infrastructure to serve the
Commercial Core Planning Area was assessed as part of the EIR process.
Policy 7.4: Protect the existing population and social character of older
areas subject to rehabilitation and redevelopment.
The proposed project with five uniquely crafted buildings to reflect the
existing character of the community has been designed and will be accessible to
pedestrians via River Street, a rehabilitated pedestrian pathway with decomposed
granite to enhance the pedestrian path, edge landscaping and a historic depiction
program.
Circulation Element
GOAL 1: Provide a system of roadways that meets the needs of the
community. Policy 1.4: Improve the San Juan Capistrano circulation system roadways
in concert with land development to ensure sufficient levels of service.
The proposed project includes the following roadway improvements:
• The addition of a 2nd left turn lanes eastbound Del Obispo to northbound Paseo
Adelanto.
• The widening of the west side of Paseo Adelanto from the southern property line
to the intersection with River Street.
• The installation of a traffic circle at the intersection of Paseo Adelanto and River
Street.
The roadway improvements implemented by the proposed project will
implement this Goal. Therefore, the proposed project would be consistent with Goal 1 of
the Circulation Element.
GOAL 2: Promote and advanced local transportation network. Policy 2.1:
Encourage the increased use and expansion of public transportation opportunities.
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The proposed Commercial Core Planning Area is situated near major
public transportation facilities (the San Juan Capistrano train station and OCTA Route
91 ). The projects location is ideal for visitors to utilize the use of such facilities.
GOAL 4: Minimize the conflict between the automobile, commercial,
vehicles, pedestrians, horses, and bicycles.
The proposed project is designed to prohibit vehicular traffic along River
Street. River Street will be transitioned from the existing asphalt paved street to a
pedestrian pathway with a decomposed granite surface that is reminiscent of the
historic use. Vehicular gates and bollards will be installed on the pathway to strictly limit
access to emergency vehicles.
Conservation and Open Space Element
GOAL 4: Prevent incompatible development in areas which should be
preserved for scenic, historic, conservation, or public safety purposes.
Although the project site does not have historic structures, a portion of
the property is located within the Los Rios Street Historic District. Specifically the project
includes improvements to River Street and Los Rios Street. The proposed
enhancements to River Street include the removal of asphalt and replacing with
decomposed granite results in re-establishing a more natural character to the street and
the removal of the property line dividing fence results in re-establishing the view corridor
on the entire length of the street; and the installation of a Historic Depiction Program
(HOP) adjacent to the street will be designed with high-quality materials and will
complement the character of the Los Rios Street Historic District. In addition, the
nearest proposed building adjacent to River Street is the Farmstead Building which has
a height of 31 feet and has a setback of 8 feet from the edge of River Street and is
designed to maintain the character of the Los Rios Street Historic District -with an
Agrarian architectural style, cedar shake shingles and board and batten vertical siding.
The landscape plan includes trees and shrubs along the entire length of River Street.
The proposed driveway on Los Rios Street is located in proximity to the existing Ito
Nursery access driveway and will include a new sidewalk and landscaping. Additionally,
the location of the proposed emergency access road combined with the strategic
placement of buildings acts to shield adjacent residential uses from operational activity
associated with proposed land uses. Additionally, primary vehicular access to the site
would be provided by Paseo Adelanto, which encourages traffic away from the center of
the District.
GOAL 5: Shape and guide development in order to achieve efficient
growth and maintain community scale and identity.
The proposed project would allow for the development of 64,900 square
feet of retail and office uses on the project site. The proposed building on the site would
be developed in a manner that would be consistent with the character and scale of
adjacent commercial developments surrounding the site, be constructed in the agrarian
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influenced architectural style, and be consistent with the proposed amendments to the
Los Rios Specific Plan development standards and design guidelines.
Policy 5. 1: Encourage high-quality design in new development and
redevelopment to maintain the low-density character of the City.
The proposed Specific Plan Amendment includes the Commercial Core
Planning Area, which has been designed as a low density specialty retail and office
center. The project has been designed to maintain the character of the Los Rios Street
Historic District -with an agrarian architectural style, cedar shake shingles, an earth-
toned color palette and board and batten vertical siding. The landscape plan includes
trees and shrubs along the entire length of River Street.
Policy 5.2: Ensure that new development integrates and preserves areas
designated for scenic, historic, conservation, or public safety reasons.
The proposed Commercial Core Planning Area has been designed to
enhance 'the Los Rios Street Historic District via sensitive site planning, architecture and
landscaping treatments. The proposed project will preserve historic areas (resources)
as provided in Conservation and Open Space Element Goal 4, presented previously.
Public Services and Utilities Element
GOAL 6: Provide sufficient levels of water and sewer service.
As a part of the environmental review, the Environmental Impact Report
(EIR) considered the project's impacts to utility services, and referenced the City's 2015
Urban Water Management Plan (UWMP), which indicates that there are sufficient water
resources to meet full service demands through the year 2040. Specifically, the project-
related demand for water would represent a small percentage (0.1 percent) of the City's
water supply in 2020. The City has water capacity to serve the proposed 64,900 square
foot retail and office development project. Additionally, wastewater generated as a
result of project implementation would represent less than one percent of the remaining
treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the
proposed project would be consistent with Goal 6.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Code Amendment (CA 16-003):
1. The proposed Land Use Code Amendment conforms with the goals
and policies of the General Plan because it provides for the fulfilment of the General
Plan's goals and policies, including, Land Use Goal 7, which provides, "Enhance and
maintain the character of neighborhoods," and Land Use Policy 7.2, which provides,
PC Resolution 19-05-14-01 11 May 14. 2019
"Ensure that new development is compatible with the physical characteristics of its
site, surrounding land uses, and available public infrastructure." The proposed code
amendment will allow for an amendment to the Los Rios Specific Plan to the
Commercial Core Planning Area; and which would allow for the development of the
proposed project; and because the project is compatible with the physical
characteristics of the site and is served by public infrastructure.
2. The proposed Land Use Code amendment is necessary to
implement the General Plan and to provide for public safety, convenience and/or
general welfare because the proposed amendment achieves the goals and policies
of the General Plan for the reasons listed above. Moreover, the proposed Land Use
Code Amendment provides for the public safety, convenience, and general welfare
because, among other things, it will provide for additional commercial and office
uses that can serve the adjacent and surrounding community; and is adjacent to a
the San Juan Capistrano train station.
3. The proposed Land Use Code amendment conforms with the intent
of the Development Code and is consistent with all other related provisions thereof
because it provides, specifically, that the proposed commercial center must conform
to the project established development standards and conforms with the Los Rios
Specific Plan 78-01 -Commercial Core Planning Area.
4. The proposed Land Use Code amendment is reasonable and
beneficial at this time because the City has received an application for a commercial
and office use within the Los Rios Specific Plan 78-01, subject to approval of all
required entitlements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommends that the City
Council make the following findings pursuant to Title 9, Land Use Code, of the City of
San Juan Capistrano with respect to Development Agreement (DA) 18-002:
1. DA 18-002 is consistent with the General Plan, any applicable
specific plan, and the City's zoning ordinance, as amended.
2. DA 18-002 is in the best interests of the City and is consistent with
good land use practices. Development of the Property-in accordance with DA 18-002
will provide substantial benefits to City and will further important policies and goals of
City as described in the Development Agreement, the staff report and this
Resolution.
3. DA 18-002 will promote the public convenience, health, interest,
safety, or welfare of the city, and will not adversely affect the orderly development of
property or the preservation of property values. The DA ensures the orderly and
timely development of the property, progressive installation of necessary
improvements, provides for public services appropriate to the development of the
Project.
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4. DA 18-002 is in compliance with the conditions, requirements,
restrictions, and terms of the Municipal Code, in that it includes all mandatory
provisions required by Government Code § 65865.2 and does not include any
provisions that are not authorized by the Development Agreement Act.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommends that the City
Council make the following findings as established by Section 9-2.321 Flood Land Use
Permit, of Title 9, Land Use Code of the City of San Juan Capistrano:
1 . The application complies with all of the location and land use
standards for uses or structures as set forth in Section 9-3.405 of this Code because
the site will be graded to elevate the proposed buildings above the 100-year
floodplain elevation.
2. Approval of the application will not result in a discernible net
increase in water surface elevation, will not create or exacerbate erosive velocities
within special flood hazard areas, and will not contribute to flooding of other
properties not previously inundated by the 100-year storm event because in order to
raise the existing grades above the 100-year floodplain elevation, the project
proposes to fill the center portion of the site with approximately 2 to 5 feet of import
soil which equates to approximately 18, 735 cubic yards of import soil. Although the
project site is within a 1 OD-year floodplain, the proposed project includes a Water
Quality Management Plan specifying that proposed buildings would be elevated
above flood depths anticipated for site development.
3. Development and use of the property as proposed are consistent
with General Plan policies regarding flood control, public safety, aesthetics, and
resource protection because the proposed project will complement the existing
aesthetics of the Los Rios Street Historic District and existing grade elevations of the
adjacent properties.
4. The proposed use and development of the property are consistent
with all other applicable requirements of the Municipal Code and of the Federal
Emergency Management Agency, California Fish and Game Department, United
States Army Corps of Engineers, and Regional Water Quality Control Board
requirements in effect at the time the application was deemed complete.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the
Planning Commission recommends that the City Council certify the FEIR and adopt the
Mitigation Monitoring and Reporting Program attached hereto in Exhibit A; approve
General Plan Amendment (GPA 18-002) as provided in Exhibit B, attached hereto and
incorporated herein; approve Code Amendment (CA 16-003) as provided in Exhibit C,
attached hereto and incorporated herein; approve Development Agreement (DA 18-
002), as provided in Exhibit D, attached hereto and incorporated herein; and approve
Flood Plain Land Use Permit (FP) 16-003.
PC Resolution 19-05-14-01 13 May 14. 2019
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings
are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. The Development Services Director is the custodian
of the record of proceedings.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 14th day of May, 2019.
c?l~-~JdQ
Tami Wilhelm, Vice-Chair
Sergio Klotz, AICP, Assistant Development
Services Director/Secretary