19-1015_RIVER STREET SJC, LLC_Agenda Report_D1_Attachment_5_Part_2PC Agenda Report
May 14, 20.19
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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.
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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
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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
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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
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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
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(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;
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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.
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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
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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
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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
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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
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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
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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.
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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
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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