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19-1015_RIVER STREET SJC, LLC_Agenda Report_D1_Attachment_5_Part_2PC Agenda Report May 14, 20.19 Page 16 of 30 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. Architectural Control (AC): The proposed five buildings would be designed with "Agrarian" themed architecture, which is representative of the agrarian history of the area. The River Street Marketplace buildings would range in height between 25 and 35 feet, featuring themed buildings and an earth-toned color palette. The River Street Marketplace project proposes the use of unique building materials, such as raw steel, wood siding, and corrugated metal, consistent with the Agrarian architectural style. As shown in Enclosure 1, building pop- outs and offsets as well as variations in building heights, materials, and colors would be added to offset the buildings' massing, provide human scale, and provide relief to and variation in the building form and style. The final design and architectural style of the buildings were reviewed and approved by the City's Design Review Committee on April 12, 2018 and are subject to review and approval by Planning Commission. The River Street Marketplace project's landscape scheme would feature a California native plant palette. A comprehensive landscape plan for the proposed project would include a variety of new trees, shrubs, and groundcover along the building perimeters, within the parking and common areas, and along the project perimeter. Proposed tree types would include but not be limited to oak, sycamore, olive, and citrus trees. The project would add approximately 124 more trees than currently exist, as well as a greater number of shrubs and groundcover. The implemented landscape concept would enhance the appearance of the project site and its surroundings, provide shade and visual interest, define entry/access points, accentuate site and architectural features, and provide screening. Decorative pavers (e.g., creek-bed cobble, flagstone paving) would be placed to highlight key areas of the River Street Marketplace project site, such as in common areas and along trails. Additionally, the onsite parking areas would be paved with decorative aggregate of a sand/limestone color. The site furnishings would include cedar railroad tracks, a cattle guard, a creek bridge, shade structures, bollards, and custom benches. River Street would be transitioned from the existing asphalt paved street to a decomposed granite path with bollards used east of its intersection with Paseo Adelanto to prohibit vehicular traffic. Lighting facilities proposed within the River Street Marketplace project site would be designed and implemented in a manner that precludes potential adverse effects of light overspill. The lighting plan identifies six types of lighting fixtures that would be used on the project site -parking pole/pedestric:m pole lighting, building sconces, canopy and trellis lighting, tree lantern lighting, tree up-lighting and festoon lighting. Exterior lighting is required to be shielded and directed away from adjacent land uses and comply with energy efficiency standards in the California Building Code and City Municipal Code Section 9-2.401. PC Agenda Report May14,2019 Page 17 of 30 The proposed project is envisioned as a pedestrian-oriented development, and pedestrian access and circulation is a key component Patrons would also be able to safely and conveniently walk from the parking areas to the common area and buildings via the decorative aggregate paving of the parking areas. Additionally, a new public sidewalk would be constructed along Paseo Adelanto. Parking and access pathways throughout the site would comply with the Americans with Disabilities Act (ADA). Consistent with the agrarian theme used throughout the project design, ADA pathways would be earth-toned concrete. In accordance with City Council Policy 606 (Attachment 4 ), the applicant has proposed to install a Historic Depiction Program (HOP) at the south west corner of River Street and Los Rios Street. The applicant desires to develop artwork or panels which displays the historic elements of the site. Consistent with Policy 606, the proposed HOP location is appropriate as it is the main pedestrian entrance to the site from Los Rios Street and oriented to the patrons entering the commercial center, which is accessible to the public and is fully accessible during business hours. Additionally, staff has included a project condition requiring the applicant to prepare and receive Cultural Heritage Commission approval of an HOP prior to Certificate of Occupancy issuance for the project. Section 9.2.313 of the City's Land Use Code states that "Architectural Control Review" is required for new construction of commercial, office, industrial, institutional, recreational, or other nonresidential development and/or use. Further this section identifies the regulatory standards, and allows the Planning Commission to grant approval so long as the following findings can be made: 1. The proposed use and design of the project comply· with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan; 2. 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; 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved; 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City; 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation; 6. The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics. If these findings can be made, then it is appropriate to approve the Architectural Control application. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn PC Agenda Report May 14, 2019 Page 18 of 30 forms the basis for the recommendation contained in this report and attached resolution. In analyzing the proposed Architectural Control, staff believes the following findings of fact warrant approval of the proposed modifications: 1. The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan because the proposed Code Amendment to the Los Rios Specific Plan (SP 78-01) amends various sections of the Specific Plan and adds the Commercial Core Planning Area and adds Appendix A "River Street Marketplace Project, Amendment to the Los Rios Specific Plan." Furthermore, the proposed design is an Agrarian style which is consistent with the historic context of the Los Rios Street Historic District. 2. 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 because the project is consistent with the following policies and objectives of the Community Design Element: Community Design Goal 1: Policy 1.2: "Encourage high-quality and human scale design in development to maintain the character of the City;" and, The 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 PC Agenda Report May14,2019 Page 19 of 30 dwarf any existing, adjacent uses . Community Design Goal 2: Policy 2.1: "Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping." 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 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 of Los Rios Street Historic District. The proposed Historical Depiction Program (HOP) "Yill have an Agrarian theme. As discussed further below, the project conforms to the City's adopted Architectural Design Guidelines, which substantially implement the General Plan Community Design Element. Further, the project conforms to the Los Rios Specific Plan 78-01, Central Core Planning Area design standards, which intend for conformity with the City's Architectural Design Guidelines. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved because the project has been designed to accommodate the required project building elements, as set forth in Los Rios Specific Plan 78-01,and because the development characteristics meet all of the development standards established in the amendment to the Los Rios Specific Plan 78-01, including required building setbacks, building heights, open areas, massing, landscaping, parking and site access. 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because as demonstrated within this staff report, the proposed project and use of materials and landscaping compliments the design elements of Agrarian style architecture, as required by the Los Rios Specific Plan 78-01, Commercial Core Planning Area. The enhanced paving details and landscaping conveys a sense of "richness of detail" and complements the building elevation design. Furthermore, the project will be PC Agenda Report May 14, 2019 Page 20 of 30 consistent with the adopted Architectural Design Guidelines because the following design principles are applicable to the proposed project: Design Issue/ Principal 1: Human Scale. The proposed project has a well- balanced pedestrian orientation and human scale. The pedestrian circulation experience is enhanced along River Street with the use of decomposed granite and a Historic Depiction Program (HOP) that leads to the entrance of the commercial center with the mature trees and landscaping; and enhanced paving is located throughout the pedestrian pathways. Design Issue/ Principle 2: Eclectic Building Styles. The proposed project proposes the use of unique building materials, such as raw steel, wood siding, and corrugated metal, consistent with the Agrarian architectural style. Building pop-outs and offsets as well as variations in building heights, materials, and colors would be added to offset the buildings' massing, provide human scale, and provide relief to and variation in the building form and style. These details will allow the development to architecturally exist amongst the adjacent buildings that are located within the Los Rios Street Historic District. The modification includes enhanced paving and landscaping which will further enrichen the eclectic architectural style. Design Issue/ Princ ipa l 5: Heritage and Tradition . The proposed project reflects the history and tradition of San Juan Capistrano. The Commercial Core Planning Area contains development standards and guidelines that reinforce specific site planning, architectural design, and landscape design guidelines contained within the design guidelines. The design guidelines are intended to pay homage to the area's rich agrarian history, including the Los Rios Historic District, the Capistrano Train Depot, and the Mission of San Juan Capistrano. The design guidelines reflect agrarian themed buildings and an earth-toned color palette to assure that development within the Commercial Core Planning Area, including the proposed River Street Marketplace project, reflects the history of the surrounding area. Design Issue/Principle 6: Richness of Details and Materials. The applicant proposes to incorporate enhanced paving which enhance the architectural details of the project and provide an enhanced overall pedestrian experience. The applicant also proposes to install landscaping along the perimeter of the parking area and at the two entry driveways, and along the perimeter of the parking lot which is consistent with the Architectural Design Guidelines, Principle 1, which provide, "The physical environment should be comfortable, friendly, accessible and approachable. Parking areas should be designed to minimize the impact of automobiles on pedestrian circulation and to be less visually intrusive." Design Issue/ Principle 8: Linkages and Connections. The proposed pedestrian circulation design allows for patrons to access the Los Rios Street Historic District and the downtown via an enhanced pedestrian pathway PC Agenda Report May 14, 2019 Page 21 of 30 (River Street) from the commercial center to Los Rios Street. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the site development concept provides a continuous access drive through the parking lot via the two driveways. Pedestrian access to the site from Alipaz Street and Los Rios Street is provided via sidewalk connections to Del Obispo Street and pedestrian access is provided from Los Rios Street, through River Street and to the entry of the central gathering area. All surface parking is designed to include landscaping to visually buffer views from Del Obispo Street, Los Rios Street and Paseo Adelanto. 6. The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the proposed building will use colors and materials that are found through San Juan Capistrano, and are similar to the colors and materials of the buildings on adjacent parcels. The architectural design, landscape, and proposed parking lot features were reviewed by the Design Review Committee which recommended approval of the designs. Grading Plan Modification (GPM): Grading is proposed that site preparation and rough grading would involve about 19,500 cubic yards (cy) of fill grading and 2,864 cy of cut. Most of the site is in a 100- year flood zone with flood depths of two feet; the fill grading would raise the site above the 100-year flood elevation. To raise the existing grades above the flood plain 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. Section 9.2.323 of the Land Use Code requires that grading m_odifications to previously graded sites be subject to the review and approval of the Planning Director for minor changes, and subject to the review and approval by the Planning Commission for major changes. The Planning Director has determined that the proposed grading is major grading which requires Planning Commission approval. Prior to approving any modifications to an existing grade, the reviewing authority shall determine that such grading modifications comply with the following design standards: 1. The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics; 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority; PC Agenda Report May 14, 2019 Page 22 of 30 3. The proposed grading will remain consistent and compatible with immediately- adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots; 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title; 5. The proposed modified grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development. If these findings can be made, then it is appropriate to approve the Grading Modification request. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report and attached resolution. 1. The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics because the project allows for the development of a use which is permitted with approval of the amendment to the Los Rios Specific Plan which will ensure that all proposed structures can be built which meets all required development standards established in the Commercial Core Planning Area. While the existing topography needs to be modified in order to facilitate development, the proposed fill maintains as much of the natural topography as possible. Additionally, the entire site is proposed to be fully landscaped. 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority because the site is a vacant lot and will be graded to elevate pads out of the 100 year flood plain and will remain below the pad elevations of the adjacent residential units. 3. The proposed grading will remain consistent and compatible with immediately- adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots because the proposed grading will remain consistent and compatible with immediately-adjacent lots. Grading which takes place adjacent to property lines is proposed to tie in directly to the adjacent properties so that the new development does not impact the adjacent properties. PC Agenda Report May 14, 2019 Page 23 of 30 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title because the proposed project will comply with the development standards of the Commercial Core Planning Area. 5. The proposed modified grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development because the changes are subject to Plan Check review by the City's Engineering Department to ensure that grading will not result in any negative impacts to hydrology, water quality as required by local and state laws. Prior to issuance of grading or building permit, the applicant must demonstrate to the satisfaction of the Public Works Director that the proposed grading will not result in any negative impacts to hydrology, and water quality as required by local and state laws. The grading modifications do not impact views or trail easements. Floodplain Land Use Permit (FP): 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 100-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. Section 9-2.321 of the Land Use Code applies to all lands situated within special flood hazard areas as delineated by the Federal Emergency Management Agency's Flood Insurance Rate Maps (FIRM) for the City of San Juan Capistrano. The Planning Commission shall review any application for a floodplain land use permit at a noticed public hearing, pursuant to Section 9-2.302(f), and shall forward a recommendation to the City Council for final action. The following findings are required for approval of a Floodplain Land Use Permit: 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. 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. 3. Development and use of the property as proposed are consistent with General Plan policies regarding flood control, public safety, aesthetics, and resource protection. 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 PC Agenda Report May 14, 2019 Page 24 of 30 Corps of Engineers, and Regional Water Quality Control Board requirements in effect at the time the application was deemed complete. If these findings can be made, then it is appropriate to approve the Floodplain Land Use Permit request. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report and attached resolution. 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 100-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. Tree Removal Permit {TRP): The City's code identifies that a permit is required for tree removal when the trunk is 6" in diameter or greater at 3' above grade. In order to develop the site, the applicant is proposing the removal of 34 of the 41 trees mapped onsite, including, 2 Coast Live Oak trees (Quercus agrifolia), 5 California Sycamores (Platanus Racemosa), and 1 Mexican Elderberry (Sambucus Mexicana), all of which are considered California natives. However, the proposed project would preserve seven trees onsite, including one Coast Live Oak tree (Quercus agrifolia), five Jacaranda (Jacaranda mimosifolia) trees, and a cluster of Peruvian Torch Cactus (Echinopsis Peruviana). Tree locations are shown on the tree mitigation plan in Appendix C of this DEIR. Three Coast live oak trees were PC Agenda Report May14,2019 Page 25 of 30 identified onsite. One at the southwest corner of the site, one in the south-central part of the site, and one in the east-central part of the site. The coast live oak tree in the southwest corner of the site is one of the seven trees that would be preserved. Additionally, the proposed project would plant 158 new trees, including 39 specimen trees1 (minimum 72-inch box), 83 olive trees (48-inch box minimum), 20 site trees (36- inch box minimum), and 16 citrus trees (24-inch box). Plantings include two species of oaks: Coast live oak and Pasadena oak (Quercus Englemanni). Landscaping would also include shrubs and groundcover. Municipal Code Section 9-2.349 notes that tree removal associated with a development project that is subject to other discretionary land use approvals may be permitted in conjunction with the other discretionary approvals by the reviewing authority. Municipal Code Section 9-2.349(e) establishes four factors to be considered in evaluating whether or not a TRP may be approved. The Municipal Code states "that the reviewing authority may approve the removal of trees as part of a discretionary review or tree removal permit application, based on an affirmative finding that one or more of the following criteria are met as substantiated by evidence in the record." 1. The tree proposed for removal is unsuitable to the planting area in that the area is too small to accommodate height, diameter of trunk or canopy, or root zone of the tree, or excessive trees exist on the site requiring thinning to maintain tree health; 2. The tree is an unsuitable variety for the site in that the species is not a native variety, is not in keeping with the community character of San Juan Capistrano, is of an invasive species, or otherwise conflicts with the intent of this ordinance; 3. Removal of the tree will not have an adverse impact on adjacent properties or the general welfare in that its removal will not adversely impact views, public streetscapes, or other aesthetic considerations; 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and the planting area. If one of these findings can be made, then it is appropriate to grant the tree removal permit. Conversely, the inability to make at least one of these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the tree removal permit request, staff believes that the following findings of fact warrant approval of the tree removal permit: 3. Removal of the trees will not have an adverse impact on adjacent properties or the general welfare in that the removal will not adversely impact views, public streetscapes, or other aesthetic considerations because the project proposes to preserve 2 specimen trees-one Peruvian Torch Cactus and one Coast Live Oak- and a row of 5 Jacaranda on the south boundary of the site. The project includes the installation of 158 new trees, including 39 specimen trees (minimum 72-inch box), 83 olive trees (48-inch box minimum), 20 site trees (36-inch box minimum), and 16 citrus trees (24-inch box). The proposed landscaping improvements will be PC Agenda Report May 14, 2019 Page 26 of 30 consistent with landscaping already existing on neighboring properties and throughout the Los Rios Street Historic District. 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and the planting area because the installation of the proposed tree species -Oak, Sycamore, Olive, Torrey Pine, Desert Willow, Palo Verde, Manzanita, Cottonwood, and Citrus trees are appropriate to the site, as it will create cohesion and consistency within the new development as well as surrounding properties. Sign Program (SP): The proposed Specific Plan Amendment-Commercial Core Planning Area includes a sign program that regulates all signage throughout the commercial center. The sign program includes internally illuminated wall (fascia) signs, blade signs, window graphics, and directional signs. Municipal Code Section 9-2.343 states that ·~ sign program may be required in order to create a compatible design theme for all signs within a development project, shopping center, or business complex. The intent of a sign program is to create a visually pleasing method of providing compatible and complementary signs throughout the project site; to inform users and tenants of desired sign characteristics; to minimize visual clutter; and to unify the appearance of the development site so as to create a distinctive sense of place. Sign programs shall be compatible with surrounding areas and consistent with the City's adopted Architectural Design Guidelines." In approving a sign permit and/or sign program, the Planning Commission shall make the following findings: 1. The sign program is consistent with the General Plan and Design Guidelines, and is complementary to the architecture and design of the development project; 2. The sign program conforms to all applicable requirements of this Code and any applicable specific plan or comprehensive development plan; 3. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way. If these findings can be made, then it is appropriate to approve the Sign Program. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report and attached resolution. 1. The sign program is consistent with the General Plan and Design Guidelines, and is complementary to the architecture and design of the development project because the sign program is consistent with the following General Plan Community Design Element policy and Design Guidelines: General Plan Community Design Element Policy 1. 2 Encourage high-quality and human scale design in development to maintain the character of the City. The PC Agenda Report May14,2019 Page 27 of 30 signs are to be constructed from durable industry standard materials, and the size of the signs complies with the proposed Los Rios Specific Plan - Commercial Core Planning Area, which describes are signage for the commercial center. Architectural Design Guidelines, Chapter 8, Signs C. General Sign Design Guidelines 1. Colors a. Restrained use of color is recommended, use of multiple colors is discouraged. c. Use of contrasting colors to achieve visually pleasing signs should be considered as art of the si n desi n rocess. 2. Materials a. The following materials are recommended for signs in San Juan Capistrano: • Wood -carved or sandblasted • Metal -formed, etched, cast or en raved 3. Sign Copy/Lettering Style/Spacing a. A limited number of lettering styles should be employed in sign design to increase legibility. The number of different lettering types should not exceed two for small signs and three for larger signs. b. Avoid usin overl intricate t efaces as well as crowdin of the si n text. 4. Illumination a. The light source of indirect lighting fixtures should be adequately shielded to prevent glare. b. Use of individual, internally-illuminated, back-lit, or non-illuminated solid letters is encoura ed. 5. Placement a. Signs should be placed in proximity to the main business entrance. b. Wall si n lacement should be coordinated with architectural features . C. Wall and Building Signs a. Wall signs should not project away from the surface upon which they are attached by more than the minimum required distance for construction purposes and in no case by more than 12 inches. c. Wall signs painted directly on the structure are encouraged. d. Letterin should not occu more than 75% of the back round area. 2. Projecting (Blade) Signs c. Sign supports and brackets should be compatible with the design and scale of the si n. 2. The sign program conforms to all applicable requirements of this Code and any applicable specific plan or comprehensive development plan because the amendment to the Los Rios Specific Plan includes Appendix A which includes a sign program with specific standards that require that signage design is architecturally compatible with the buildings. Through the sign program, the applicant has created PC Agenda Report May 14, 2019 Page 28 of 30 a visually pleasing method of providing compatible and complementary signs to minimize visual clutter. 3. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way because the signs will not impact the right-of-way and will not create light or glare impacts to the adjacent properties. Development Agreement (DA): As part of the entitlement package, the Developer has requested the City enter into a statutory Development Agreement pursuant to Government Code Section 65864 et. seq. (Attachment 5). By way of background, a development agreement is a negotiated contract between a developer and a city which serves to "freeze" the City's applicable rules, regulations, and policies that are in place at the time of the agreement's execution. This gives the developer a "vested right" (in other words, a lot of certainty) to develop its project moving forward by setting certain parameters on the project, such as use, density, height, etc. without having to worry about zoning or General Plan amendments or other changes which can often interfere with the development of a planned project. At the same time, it benefits the City because it allows opportunity to shape out the project and secure "public benefits." Also, because the development agreement is a negotiated contract, the "essential nexus" and "rough proportionality" rules (that apply to other land use permits) do not generally apply. The proposed Development Agreement vests the Developer's rights under the agreement for a 5 year period and provides for the redevelopment of an underutilized and closed nursery site that has long been deemed to be blighted by the City's former redevelopment plans. The Project will serve to re-vitalize an under-developed site, will provide on-site infrastructure upgrades; and will provided additional sales tax revenues to the City. In addition, the Project will stimulate adjacent areas in the downtown area of the City by introducing unique shopping, dining and entertainment experiences. Lastly, the Project will implement numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents. When approving a Development Agreement there are four primary findings that must be made: 1. The Development Agreement is consistent with the General Plan, any applicable specific plan, and the City's zoning ordinance. 2. The Development Agreement is in the best interests of the City and good land use practices. 3. The Development Agreement 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. 4. The Development Agreement 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. PC Agenda Report May 14, 2019 Page 29 of 30 Based upon the information provided in this staff report and the presentation to the Planning Commission all findings can be made. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS : On May 14, 2019, the Cultural Heritage Commission considered Site Plan Review (SPR 16-007), project compatibility with City Council Policy 603 and Cultural Resources and Land Use and Planning analysis in Chapters 5.4 and 5.9 of the Environmental Impact Report. On April 12, 2018, the Design Review Committee reviewed the revised-proposed development design plans and forwarded the project to the Planning Commission for consideration. On February 8, 2018, the Design Review Committee reviewed the proposed development design plans and provided comments to the applicant, and recommended revisions. On February 28, 2017, the Cultural Heritage Commission received a presentation from the applicant and provide the applicant with comments regarding the proposed project. On February 23, 2017, the Design Review Committee conducted a Worksession to review the conceptual development design plans. ENVIRONMENTAL IMPACT : The City prepared a Draft Environmental Impact Report (DEIR) that analyzed the proposed project's environmental impacts in compliance with the provisions of the California Environmental Quality Act (CEQA). The DEIR was made available to the public for review and comment for 45 days between January 30, 2019, and March 18, 2019. During and following the close of the public review period, the City received numerous comment letters and e-mails on the project. For those letters and e-mails that raised CEQA-related issues, the City has prepared Response to Comments as required by CEQA, which are included in the Final EIR (Attachment 6). The EIR determined that the proposed project could result in potentially significant and unavoidable temporary noise impacts as a result of construction, but determined that all other environmental impacts could be reduced to a level of less than significant through the incorporation of mitigation measures. The Draft EIR and Final EIR for the project are available on the City's website at: http://sanjuancapistrano.org/Departments/Development-Services/P lanning- Zoning/Environmental-Documents/River-Street-Marketplace PC Agenda Report May 14, 2019 Page 30 of 30 In response to a public comment regarding the proposed use of pedestrian light poles along the emergency access drive, the lighting plan has been modified to limit lighting along the easterly property line (Enclosure 2). The revised lighting plan reflects a 42- inch tall bollard style light along the emergency access lane bordering the eastern property line adjacent to the residences. This new fixture will ensure the lowest light levels at the property line while still maintaining a balance between sufficient light levels for security and safety in the emergency access lane. The new light levels along the easterly property line range predominantly from 0.0 foot candles to 0.1 foot candles. As determined in the DEIR, under Impact 5.1-4, the proposed project would not result in significant impacts related to light and glare. NOTIFICATION : Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, ten calendar days prior to this public hearing, a public notice was placed in the Capistrano Valley News at least ten (10) days prior to the hearing, posted on the City's website, and posted at the San Juan Capistrano City Hall, Community Center, and Library. In addition, pursuant to City Council Resolution 10-08-17-03, a notice was mailed to all property owners within the City. This agenda item has been provided to the applicant and their representative through posting of the agenda packet on the City's website. ATTACHMENT(S): Attachment 1-Resolution (Final EIR & GPA 18-002, CA 16-003 and DA 18-002) Attachment 2-Resolution (AC 16-029, GPM 16-014, FP 16-003, TRP 16-047 and SP 16-007) Attachment 3-General Plan Amendment Attachment 4-City Council Policy 606 Attachment 5-Draft DA Attachment 6-Final EIR (also available on the City's website) Attachment 7-Site maps ENCLOSURES: Enclosure 1 -Development Plans (Bickel Group Architecture), May 6, 2019 Enclosure 2 -Revised Site Lighting Plan (Bickel Group Architecture), May 6, 2019