CHC Resolution-19-05-14-01CHC RESOLUTION NO. 19-05-14-01
SITE PLAN REVIEW (SPR) 16-007
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA TO APPROVE A REQUEST FOR A SITE
PLAN REVIEW RELATED TO A NEW 64,900 SQUARE FOOT COMMERCIAL AND
OFFICE DEVELOPMENT PROJECT AND MAKE A RECOMMENDATION TO THE
PLANNING COMMISSION THAT THE CULTURAL RESOURCES AND LAND USE
AND PLANNING ANALYSIS IN CHAPTERS 5.4 AND 5.9 OF THE DRAFT
ENVIRONMENTAL IMPACT REPORT FOR THE RIVER STREET MARKETPLACE
PROJECT (SCH#2018011019) IS ADEQUATE AND THAT THE PROPOSED LAND
USE IMPROVEMENTS ARE OF PHYSICAL AND AESTHETIC COMPATIBILITY
WITH ADJACENT IHCL STRUCTURES AND PLACES, AS DESCRIBED IN CITY
COUNCIL POLICY 603 -LOCATED ON THE ITO NURSERY PROPERTY AT 31825
LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22, 28, 49), A
PORTION OF A LISTED DISTRICT ON THE CITY'S INVENTORY OF HISTORICAL
AND CULTURAL LANDMARKS REFERRED TO AS RIVER STREET AND LOS RIOS
STREET HISTORIC DISTRICT (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 SPR 16-007 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") ("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,
CHC 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, River Street is the only historic resource located within the
project site; and,
Whereas, River Street originally initiated at Los Rios Street and ran
approximately four miles west to Dana Point, and was a common transportation route
for area settlers, however over the past several decades it has lost its coastal
connection and has been reduced to a paved 600-foot private drive; and,
Whereas, despite the historic integrity concerns associated with River
Street, it remains a contributor to the National Register of Historic Places (NRHP)-listed
Los Rios Historic District and is also listed on the City of San Juan Capistrano Inventory
of Historic and Cultural Landmarks (IHCL); and,
Whereas, no other historic-era buildings, structures, or improvements are
extant within the project site; 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, the proposed project is being processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has required preparation of an
environmental impact report pursuant to Section 15081 of those Guidelines; has issued
the Notice of Preparation pursuant to Section 15082 of those guidelines, and has
overseen the preparation of the draft environmental impact report prepared pursuant to
Section 15084 of those Guidelines; and,
Whereas, the Cultural Heritage Commission has considered the
Environmental Administrator's determination pursuant to Section 1507 4 of the California
Environmental Quality Act (CEQA), has considered all project related materials currently
before it; and,
Whereas, the Cultural Heritage Commission conducted a duly-noticed
public meeting on February 28, 2017, pursuant to Title 9, Land Use Code, Section 9-
2.302 to consider public testimony on the proposed project and has considered all
relevant public comments; and,
CHC Resolution 19-05-14-01 3 May 14. 2019
Whereas, the Cultural Heritage Commission has conducted a duly-noticed
public hearing on May 14, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on the proposed project and has considered all relevant
public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby make the
following findings as established by, Subsection (c) of Section 9-2.327, Historical and
Cultural Landmark Site Plan Review of Title 9, Land Use Code of the City of San Juan
Capistrano:
Historical and Cultural Landmark Site Plan Review (Section 9-2.327)
1. The project complies with the maps and policies of the General Plan because the
proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element (COE)
and Cultural Resources Element (CRE). The project will be consistent with the
following:
• COE Policy 1.2 Encourage high-quality and human scale design in
development to maintain the character of the City because the project's
proposed changes to River Street are enhancements, and include the removal
of existing asphalt and returning the street to a more natural, pedestrian
character. In addition, the project will remove the property line dividing fence
and therefore re-establish the view corridor on the entire length of the street.
Further, the project will install a Historic Depiction Program (HOP) adjacent to
the street, designed with high-quality materials to complement the character of
the Los Rios Street Historic District. 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. Further, the spatial relationship between the project site and the
southern portion of the Los Rios Historic District will be protected through the
installation of a restricted access drive at the east end of the property adjacent
to the west lot lines of the dwellings in the historic district. The access drive
will provide for a 20 foot to 31 foot buffer adjacent to a 5 foot setback at the
east side of the drive. Thus, the project is designed at a human-scale, the only
historic resource located on the project site will be enhanced, and none of the
proposed buildings will dwarf any existing, adjacent uses.
• COE Policy 2. 1 Encourage development which complements the City's
traditional, historic character through site design, architecture, and landscaping
because the proposed enhancements to River Street include the removal of
CHC Resolution 19-05-14-01 4 May14,2019
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 establishment of native landscaping along the entire edge
of the pathway will frame the edge of the street. The design of the buildings
compliments the history and tradition of San Juan Capistrano because they
will include board and batten vertical wood siding, corrugated metal, rustic
reclaimed barn wood, standing seam, earth-tone colors, rustic cedar shake
roofing and rustic wooden details that are reminiscent of agrarian architecture.
The proposed low water use landscaping design provides a tree and shrub
palette found locally and in the vicinity o(Los Rios Street Historic District. The
proposed Historical Depiction Program (HOP) will have an Agrarian theme.
• CRE Policy 1. 1 Balance the benefits of development with the project's
potential impacts to existing cultural resources because, as detailed in Chapter
5.4 of the EIR prepared for the project, the project would not cause any direct
material impact to historic resources, including River Street, which is proposed
for rehabilitation. Given the project's prehistory and history and adjacency to
the Los Rios Historic District, the site is considered highly sensitive for cultural
resources, however Mitigation Measure CUL-1 will ensure the presence of an
archeologist to monitor all grading and other significant ground-disturbing
activities, the implementation of a qualified monitoring plan, and the presence
of a Native American monitor. Thus, all impacts to cultural resources will be
less than significant.
Based on these factors, the project complies with the General Plan Cultural
Resources Element goals and policies.
2. The project complies with applicable provisions of the Land Use Code and with
any applicable specific plan or comprehensive development plan because the
project will be consistent with the proposed Specific Plan Amendment,
specifically with the Los Rios Specific Plan Commercial Core Area. As described
in the proposed Specific Plan amendment, "the comprehensively designed
development 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 projects various land uses. Visiting patrons are
provided retail and dining opportunities without the need for multiple vehicular
trips. The overall design concept for the Project depicts · a complementary,
pedestrian-oriented development, with outdoor seating and dining areas that
incorporate a California native landscape palette throughout." The project has
been designed to maintain the distinctive historic neighborhood character of the
Los Rios Street Historic residential neighborhood through the use of earth-tone
colors, materials, and design details to match the existing craftsman bungalow
and California vernacular architecture.
3. All aspects of the proposed site design, including building orientation and
placement, massing, access, colors, materials, paving, and lighting are
compatible with the historic nature of the site, surrounding district and/or historic
CHG Resolution 19-05-14-01 5 May 14. 2019
period represented by the landmark, because the buildings are oriented with
entrances located along the central gathering common area, eliminating
entrances along the east side, adjacent to the residential units. The buildings
have been designed with an agrarian architectural style that balances height and
massing. Furthermore, the colors, materials and lighting are compatible with the
surrounding district which includes board and batten walls, earth-tone colors
corrugated metal, and architectural lighting that is specifically consistent with
agrarian architecture. 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.
4. The project has been designed in conformance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks
and Grimmer). Based on the proposed scope of work, the project's alterations to
River Street are considered a Rehabilitation Project and therefore the following
standards apply:
Standard 1. A property will be used as it was historically or be given a new use
that requires minimal change to its distinctive materials, features,
spaces, and spatial relationships. The River Street improvements
include the removal of the property line dividing fence that is
located in the center of the road, removal of the asphalt and
replacing with a natural decomposed granite surface, and
landscaping the edge of the street with low water use plants.
Although the spatial relationships that characterize the existing
street will be slightly altered, the change is not considered to be
"character altering" for the historic street. As noted, River Street, a
contributing element to the Los Rios Street Historic District, and an
individually listed IHCL historical resource, is proposed for
rehabilitation as an unpaved pathway. In its current appearance
and configuration, no distinctive features or materials exist along
River Street. The proposed rehabilitation of River Street is in-
keeping with the original unpaved appearance of the historic
pathway, and would result in the street appearing as it did when the
historic district was listed on the NRHP, more consistent to its
natural unpaved appearance. No other historic-era buildings,
structures, or improvements are extant within the project site.
Standard 2. The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces
and spatial relationship that characterize a property will be avoided.
The historic character of the street will be retained and preserved,
as the surface will be modified to remove the property line dividing
fence and asphalt and replace the asphalt with natural decomposed
granite. No other historic-era buildings, structures, or
improvements are extant within the project site.
CHG Resolution 19-05-14-01 6 May14.2019
Standard 3. Each property will be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken. The project will not
add conjectural features or elements from other historic properties;
therefore, it will not be construed as creating a false sense of
history.
Standard 4. Changes to a property that have acquired historic significance in
their own right will be retained and preserved. The proposed
improvements to River Street will not impact the historic
significance of the property because it removes the existing asphalt
and returns the street to a more natural condition; as such, the
historic significance of the property will be retained and preserved.
Standard 5. Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a
property will be preserved. The proposed improvements to River
Street will not impact historic materials/finishes because the scope
of work includes the removal of the property line dividing fence that
is located in the center of the road, removal of the asphalt and
replacing with a natural decomposed granite surface.
Standard 6. Deteriorated historic features will be repaired rather than replaced.
Where the severity of deterioration requires replacement of a
distinctive feature, the new feature will match the old in design,
color, texture and, where possible, materials. Replacement of
missing features will be substantiated by documentary and physical
evidence. The existing asphalt surface of River Street is not
historic and does not have distinctive features that would warrant
protection. The removal of the property line dividing fence and the
asphalt will allow for the installation of a natural decomposed
granite surface that will provide a discernable edge to the historic
street.
Standard 7. Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage
to historic materials will not be used. Chemicals will not be used for
the proposed improvements.
Standard 8. Archaeological resources will be protected and preserved in place.
If such resources must be disturbed, mitigation measures will be
undertaken. Archaeological monitoring will be required for ground
disturbing activities, in accordance with City Council Policy 601 and
Mitigation Measure CUL-1 of the EIR prepared for the project.
Standard 9. New additions, exterior alterations, or related new construction will
not destroy historic materials, features, and spatial relationships
CHG Resolution 19-05-14-01 7 May 14. 2019
that characterize the property. The new work will be differentiated
from the old and will be compatible with the historic materials,
features, size, scale and proportion, and massing to protect the
integrity of the property and its environment. The removal of the
asphalt on River Street will allow for the installation of a natural
decomposed granite surface that will provide a discernable edge to
the historic street. In its current appearance and configuration, no
distinctive historic features or materials exist along River Street.
The proposed rehabilitation of River Street is consistent with the
original unpaved appearance of the historic pathway, and would
result in the street appearing as it did when the historic district was
listed on the NRHP, more consistent to its natural unpaved
appearance. Implementation of the project and removal of
pavement from River Street improves the contributory nature of
River Street to the district as a whole. The proposed Historic
Depiction Program (HOP) will include features and finishes that will
complement the character of River Street. 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.
Standard 10. New additions and adjacent or related new construction will be
undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired. 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. If removed in
the future, the essential form and integrity of the historic property
and its environment would be unimpaired.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano hereby approves of the Site
Plan Review (SPR) 16-007. The Cultural Heritage Commission's approval of SPR 16-
007 is expressly contingent on and conditioned upon the City Council certifying the EIR
for River Street, approving the General Plan Amendment (GPA) 18-002, Code
Amendment (CA) 16-003, Development Agreement (DA) 18-002 and Flood Plain Land
Use Permit (FP) 16-003 associated with this project, and that if GPA 18-002, CA 16-
003, or DA 18-002 are denied by the City Council, this approval shall not take effect and
is deemed null and void; and,
CHC Resolution 19-05-14-01 8 May 14. 2019
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the Cify of San Juan Capistrano hereby recommends to the Planning
Commission that the Cultural Resources and Land Use and Planning Analysis in
Chapters 5.4 and 5.9 of the draft Environmental Impact Report for the River Street
Marketplace project (SCH#2018011019) is adequate; and,
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the City of San Juan Capistrano hereby recommends to the Planning
Commission that the proposed land use improvements are of physical and aesthetic
compatibility with adjacent IHCL structures and places, as described in City Council
Policy 603; and,
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the City of San Juan Capistrano hereby:
1. Approves Site Plan Review (SPR) 16-007, subject to the following condition of
approval:
a. Historic Depiction Program . Prior to issuance of a building permit, the
applicant/developer shall submit a proposed Historic Depiction Program
(HOP) to the Development Services Department. The HOP shall require
review and approval by the Cultural Heritage Commission (CHC) pursuant to
City Council Policy 606. The HOP shall be integrated into the design of the
project. The applicant shall have obtained CHC approval of the HOP prior to
issuance of any certificate of occupancy.
EFFECTIVE DATE AND FINAL APPROVAL. This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing
of an appeal application. The appeal period shall commence the day following approval
of the General Plan Amendment (GPA) 18-002, Code Amendment (CA) 16-003,
Development Agreement (DA) 18-002 and Flood Plain Land Use Permit (FP) 16-003
associated with this project by the City Council, if such approval is given by the City
Council in their discretion. The project approval shall be valid for a period of one year
from the date of approval of GPA 18-002, CA 16-003, or DA 18-002 unless a time
extension request or building permit application related to this discretionary approval is
submitted to the City prior to that date.
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
CHC Resolution 19-05-14-01 9 May 14, 2019
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 14th day of May, 2019.
Lorie Porter, Chair
Sergi~ICP, Assistant
Services Director/Secretary
Development