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19-1015_RIVER STREET SJC, LLC_Agenda Report_D1_Attachment_6_Part_1PC RESOLUTION NO. 19-05-14-01 GENERAL PLAN AMENDMENT (GPA) 18-002 CODE AMENDMENT (CA) 16-003 DEVELOPMENT AGREEMENT (DA) 18-002 .FLOOD PLAIN LAND USE PERMIT (FP) 16-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE RIVER STREET MARKETPLACE PROJECT (SCH#2018011019) AND ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM; APPROVE GENERAL PLAN AMENDMENT (GPA) 18-002; APPROVE CODE AMENDMENT (CA) 16-003; APPROVE DEVELOPMENT AGREEMENT (DA) 18-002 AND FLOOD PLAIN LAND USE PERMIT (FP) 16-003 FOR RIVER STREET MARKETPLACE, A NEW 64,900 - SQUARE FOOT COMMERCIAL AND OFFICE DEVELOPMENT PROJECT LOCATED AT THE SITE OF THE EXISTING ITO NURSERY PROPERTY AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22,28,49), WHICH CURRENTLY CONSISTS OF AN APPROXIMATELY 5.86 ACRE COMMERCIAL NURSERY (APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC). Whereas, Dan Almquist, River Street SJC, LLC, 610 Newport Center Drive, Suite 410, Newport Beach, CA 92660 has requested approval of GPA 18-002,CA 16-003, DA 18-002 and FP 16-003 to allow for a new 64,900 square foot commercial and office development project located at the site of the existing Ito Nursery Property (31825 Los Rios Street (Assessor Parcel Numbers 121-160-22, 28, 49), which currently consists of an approximately 5 .86 acre commercial nursery; and, Whereas, Sheree & Doug Ito are the owners of the real property located at 31825 Los Rios Street (Assessor Parcel Numbers 121-160-22, 28, 49); and, Whereas, the applicant proposes to develop the entire 5.86-acre site with commercial and office space that combines restaurant, office, and artisan retail space within five unique buildings totaling approximately 64,900 square feet, along with associated improvements ("the River Street Marketplace Project" or the "project"); and, Whereas, the project is designed to reflect the City's agrarian history and includes metal/wood barn themed buildings, a courtyard designed and planted with California native plant landscaping, and amenities designed to be consistent with the early San Juan Capistrano aesthetic; and, Whereas, the project would provide indoor and outdoor dining, farm fresh produce, unique retail venues, and a grassy common with varied seating options and communal tables for outdoor dining; and, Whereas, the project also includes a parking area with an olive grove that would be accessed via Paseo Adelanto and Los Rios Street; and, PC Resolution 19-05-14-01 2 May 14, 2019 Whereas, River Street, which bounds the project on the north, is a paved private drive, and the project proposes to transition River Street from the existing paved street to a decomposed granite path with bollards east of its intersection with Paseo Adelanto to prohibit vehicular traffic and proposes to remove the existing property line dividing fence; and, Whereas, the Los Rios Historic District, which is listed on the IHCL, NRHP, and the California Register of Historic Resources (CRHR) is adjacent to the eastern boundary of the project site, and the portion of the Los Rios Historic District that includes River Street forms the north edge of the project site; and, Whereas, excepting overlap with River Street, the project will not take place within the Los Rios Historic District; and, Whereas, on October 4, 2016, the City Council of the City of San Juan Capistrano initiated a Code Amendment for the proposed commercial center project on the subject site consisting of approximately 5.86 acres; and, Whereas, on April 3, 2018, the City Council of the City of San Juan Capistrano initiated a General Plan Amendment to conduct an appropriate study to update the description of the Los Rios Specific Plan contained in the General Plan as a result of the proposed Los Rios Specific Plan Amendment; and, Whereas, the proposed project is being processed pursuant to Section 9- 2.307, General Plan Amendment 18-002, and Section 9-2.309, Code Amendment 16- 003, of Title 9, Land Use Code of the City of San Juan Capistrano to establish policies and zoning regulations for the project site, in form of the proposed River Street Marketplace; and, Whereas, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the proposed project; and Whereas, in accordance with State CEQA Guidelines section 15082, on January 12, 2018, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation ("NOP") stating that an Environmental Impact Report (State Clearinghouse Number #2018011019) would be prepared; and Whereas, a Draft Environmental Impact Report ("Draft EIR") was prepared, incorporating comments received in response to the NOP; and Whereas, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on January 30, 2019; and Whereas, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft EIR to the public at the same time that PC Resolution 19-05-14-01 3 May 14, 2019 the City sent Notice of Completion to the Office of Planning and Research; and Whereas, as disclosed in the Draft EIR, the proposed project could result in potentially significant and unavoidable temporary construction noise impacts, but all other impacts could be reduced to a level of less than significant through the incorporation of mitigation measures; and, Whereas, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for a 45-day review period from January 30, 2019 to March 18, 2019; and, Whereas, during the 45-day public comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086; and, Whereas, the City received 24 written comment letters during the public review period on the Draft EIR, including an acknowledgement from the State Clearinghouse that the City has complied with CEQA environmental review requirements, and after the close of the public review period, the City received one late comment letter; and, Whereas, the City has prepared responses to the comments received and made minor revisions to the Draft EIR, which are included in the Final Environmental Impact Report (Final EIR); and, Whereas, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City's consideration of the Final EIR on May 2, 2019; and, Whereas, the "EIR" consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and, Whereas, all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and, Whereas, the Planning Commission has considered all project environmental documentation including the Final EIR; and, Whereas, the EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the proposed project; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on May 14, 2019 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the proposed project and has PC Resolution 19-05-14-01 4 May 14 . 2019 considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings with respect to the California Environmental Quality Act (CEQA) and the Final Environmental Impact Report (FEIR): 1. The Planning Commission has reviewed and considered the Final El R and the public testimony regarding the environmental review of the Project; and, 2. The Planning Commission finds on the basis of the evidence presented and the whole record before it, including the Final EIR, that there is no substantial evidence that the proposed project, as mitigated, would have a significant effect on the environment except with regard to the temporary construction noise impacts; and, 3. Whereas, the Planning Commission finds that the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit A, should be adopted with all mitigation measures made enforceable as a regulatory requirement for the development of the River Street Marketplace project; and, 4. Whereas, on the basis of the foregoing and the Planning Commission's review of the entire administrative record for the project, the Planning Commission hereby recommends that the City Council certify the Final EIR. The foregoing recommendation reflects the Planning Commission's independent judgment and analysis; and, 5. Whereas, the record of proceedings on which the Planning Commission's decision is based is located at City Hall for the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the Development Services Department Administrative Specialist. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with respect to General Plan Amendment (GPA 18-002): 1. The proposed General Plan Amendment is internally consistent with all other sections of the Land Use Element and also with all other Elements of the General Plan. This amendment would amend various sections of the General Plan to ensure consistency between the proposed Amendments and the Los Rios Specific Plan. This amendment would allow for the adoption of the accompanying Code Amendment. 2. The proposed General Plan Amendment is consistent with the overall goals and policies of the General Plan because it establishes a land use designation governed by the Los Rios Specific Plan, and the proposed land uses, development PC Resolution 19-05-14-01 5 May14.2019 standards and design elements of the Commercial Core Planning Area are consistent with the following goals and policies of the General Plan including: Land Use Element Land Use GOAL 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. Amending the Los Rios Specific Plan to include the Commercial Core Planning Area would allow for implementation of the River Street Marketplace project. The Commercial Core Planning Area would provide additional retail uses to serve the community. Additionally, the amendment would contribute to an increase in property taxes, due to the improvement of an undeveloped and underutilized property. This increase in property tax revenue would assist the City to maintain and improve public services and facilities. Property improvement and development of the project would help to facilitate Land Use Goal 1. Policy 1. 1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. The proposed project would contribute the project's fair share of public facility and utility costs through payment of Development Impact Fees. Additionally, property taxes generated as a result of project implementation would go to the City's General Fund, from which the City utilizes revenue to fund public services and utilities. Policy 1.2: Encourage commercial, tourist-oriented, and industrial development that is compatible with existing land uses within the City to improve the generation of sales tax, property tax, and hotel occupancy tax. The Commercial Core Planning Area is envisioned as a commercial, tourist-oriented development that has been designed to be compatible with existing land uses. The Specific Plan Amendment would improve the generation of sales tax and property tax within the City. GOAL 2: Control and direct future growth within the City to preserve the rural village-like character of the community. The proposed project would develop the site with a commercial center at a maximum Floor Area Ratio (FAR) of 0.25:1 and at a maximum height of two stories. The proposed project is a designed development that highlights the agrarian history of the area, with themed buildings and an earth-toned color palette. The development concept fosters interaction and mutual support between the project's various land uses. Visiting patrons are provided retail and dining opportunities without the need for multiple vehicular trips. The proposed project is envisioned as a pedestrian-oriented development, offering communal tables for outdoor dining, a vegetable garden for farm- PC Resolutio n 19-05-14-01 6 May 14, 2019 to-table inspired dining, and other amenities. A portion of the site is also envisioned as an area for community gatherings and activities that foster public involvement. Policy 2.2: Assure that new development is consistent and compatible with the existing character of the City. The proposed project would allow for the development of a commercial center that would be consistent in use and character with surrounding development in the Los Rios Street Historic District, including surrounding buildings and retail uses. The proposed development plan includes an Agrarian influence design that ensures consistency in visual character between the proposed project and surrounding architecture. The proposed architectural style is consistent with the Los Rios Street Historic District's heritage containing significant amounts of Agrarian, Craftsman Bungalow and California vernacular board-and-batten styles currently represented along Los Rios Street. Policy 2.3: Ensure that development corresponds to the provision of public facilities and services. The proposed project would be served by existing infrastructure and utilities. The EIR includes a detailed analysis of all potential environmental impacts of the Specific Plan Amendment and a specific section is devoted to the project's impacts on public facilities and services. According to the EIR, the proposed project would have less than significant impacts with mitigation incorporated. GOAL 3: Distribute additional population within the City based on risk factors. Policy 3. 1: Confine higher density land uses to the valley areas outside of the floodplain. Development of the proposed Commercial Core Planning Area would not cause a population increase within the City. Residential uses are not a permitted use within the Commercial Core Planning Area and the General Plan recognizes that future densities of population could be allocated to the valley areas of the City outside of the floodplain. Policy 3.2: Limit density of development in the hillsides, floodplains, and other high risk areas. Open space and natural features provide visual quality in San Juan Capistrano. Open spaces also can protect community safety by limiting development in high risk areas such as hillsides and floodplains. The quality of life can also be maintained by preserving areas which contribute to the community in an open space capacity, such as groundwater recharge and recreational areas. The proposed uses within the Commercial Core Planning Area are not high-density land uses. As part of the proposed development, the elevation of a portion of the site will be raised to remove that portion from the floodplain consistent with local, PC Resolution 19-05-14-01 7 May 14, 2019 state, and federal requirements. In addition, no open spaces or natural features are located on the site. GOAL 4: Preserve major areas of open space and natural features. The project site is currently a commercial plant nursery and is designated by the Los Rios Specific Plan for commercial uses (not open space or agricultural uses). The project site does not contain natural topography or natural features that have functioned as public open space or would represent a natural hazard. Although the project site is within a 100-year flood plain, specific plan amendment includes a Water Quality Management Plan specifying that proposed buildings would be elevated above flood depths anticipated for the site. The project site consists of a commercial nursery operation and would not affect ridgelines or its immediate adjacent area. Therefore, the proposed project would be consistent with Goal 4 of the Land Use Element. GOAL 5: Encourage commercial development which serves community needs and is located in the existing central business district. The proposed project has been designed to serve the community with retail, restaurants, and office and community gatherings. The Commercial Core Planning Area has been specifically designed to complete the buildout of the Los Rios Specific Plan. The site has been designated for low density commercial uses since at least the 1970's and its location acts as an extension of the City's downtown area. GOAL 6: Enhance or redevelop underperforming commercial centers. Policy 6. 1: Allow for the transition of the oversupply of commercial land use to other economically viable revenue producing land uses. Although the site is not considered an underperforming commercial center because [explain], the existing nursery could be considered an underperforming commercial use that would be redeveloped as part of the Commercial Core Planning Area. No transition of land uses are proposed as part of the Specific Plan Amendment. GOAL 7: Enhance and maintain the character of neighborhoods . The proposed project has been designed as a neighborhood-scale commercial and office development that highlights the agrarian history of the area. The project site would be developed with 64,900 square feet of commercial and office space in five buildings: Marketplace, Mercantile, Greenhouse, Red Barn, and Farmstead. The overall design concept for the project depicts a pedestrian-oriented development, with outdoor seating and dining areas that incorporate a California-native landscape palette. The center would provide indoor and outdoor dining, farm fresh produce, and unique retail venues. A grassy common setting provides varied seating options and communal tables for outdoor dining. Consistent with the project theme, the proposal proposes to replace the existing asphalt on River Street with decomposed granite to enhance the pedestrian path. The project also includes a parking area with an olive grove that would be accessed via Paseo Adelanto and Los Rios Street. PC Resolution 19-05-14-01 8 May 14. 2019 Policy 7. 1: Preserve and enhance the quality of San Juan Capistrano neighborhoods by avoiding or abating the intrusion of non-conforming buildings and uses. The project site has been designated and used for commercial uses for over 40 years. The proposed uses within the Commercial Core Planning Area are not considered to be non-conforming buildings or uses. The Commercial Core Planning Area includes new uses that have been specifically designed to minimize impacts to the adjacent residential uses within the Los Rios Street Historic District. Policy 7.2: Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. There are no physical characteristics of the site that would preclude development of the Commercial Core Planning Area. The project has been specifically designed to minimize impacts to the adjacent residential uses within the Los Rios Street Historic District. The available and required public infrastructure to serve the Commercial Core Planning Area was assessed as part of the EIR process. Policy 7.4: Protect the existing population and social character of older areas subject to rehabilitation and redevelopment. The proposed project with five uniquely crafted buildings to reflect the existing character of the community has been designed and will be accessible to pedestrians via River Street, a rehabilitated pedestrian pathway with decomposed granite to enhance the pedestrian path, edge landscaping and a historic depiction program. Circulation Element GOAL 1: Provide a system of roadways that meets the needs of the community. Policy 1.4: Improve the San Juan Capistrano circulation system roadways in concert with land development to ensure sufficient levels of service. The proposed project includes the following roadway improvements : • The addition of a 2nd left turn lanes eastbound Del Obispo to northbound Paseo Adelanto. • The widening of the west side of Paseo Adelanto from the southern property line to the intersection with River Street. • The installation of a traffic circle at the intersection of Paseo Adelanto and River Street. The roadway improvements implemented by the proposed project will implement this Goal. Therefore, the proposed project would be consistent with Goal 1 of the Circulation Element. GOAL 2: Promote and advanced local transportation network. Policy 2.1: Encourage the increased use and expansion of public transportation opportunities. PC Resolution 19-05-14-01 9 May 14 , 2019 The proposed Commercial Core Planning Area is situated near major public transportation facilities (the San Juan Capistrano train station and OCTA Route 91 ). The projects location is ideal for visitors to utilize the use of such facilities. GOAL 4: Minimize the conflict between the automobile, commercial, vehicles, pedestrians, horses, and bicycles. The proposed project is designed to prohibit vehicular traffic along River Street. River Street will be transitioned from the existing asphalt paved street to a pedestrian pathway with a decomposed granite surface that is reminiscent of the historic use. Vehicular gates and bollards will be installed on the pathway to strictly limit access to emergency vehicles. Conservation and Open Space Element GOAL 4: Prevent incompatible development in areas which should be preserved for scenic, historic, conservation, or public safety purposes. Although the project site does not have historic structures, a portion of the property is located within the Los Rios Street Historic District. Specifically the project includes improvements to River Street and Los Rios Street. The proposed enhancements to River Street include the removal of asphalt and replacing with decomposed granite results in re-establishing a more natural character to the street and the removal of the property line dividing fence results in re-establishing the view corridor on the entire length of the street; and the installation of a Historic Depiction Program (HOP) adjacent to the street will be designed with high-quality materials and will complement the character of the Los Rios Street Historic District. In addition, the nearest proposed building adjacent to River Street is the Farmstead Building which has a height of 31 feet and has a setback of 8 feet from the edge of River Street and is designed to maintain the character of the Los Rios Street Historic District -with an Agrarian architectural style, cedar shake shingles and board and batten vertical siding. The landscape plan includes trees and shrubs along the entire length of River Street. The proposed driveway on Los Rios Street is located in proximity to the existing Ito Nursery access driveway and will include a new sidewalk and landscaping. Additionally, the location of the proposed emergency access road combined with the strategic placement of buildings acts to shield adjacent residential uses from operational activity associated with proposed land uses. Additionally, primary vehicular access to the site would be provided by Paseo Adelanto, which encourages traffic away from the center of the District. GOAL 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. The proposed project would allow for the development of 64,900 square feet of retail and office uses on the project site. The proposed building on the site would be developed in a manner that would be consistent with the character and scale of adjacent commercial developments surrounding the site, be constructed in the agrarian PC Resolution 19-05-14-01 10 May 14. 2019 influenced architectural style, and be consistent with the proposed amendments to the Los Rios Specific Plan development standards and design guidelines. Policy 5. 1: Encourage high-quality design in new development and redevelopment to maintain the low-density character of the City. The proposed Specific Plan Amendment includes the Commercial Core Planning Area, which has been designed as a low density specialty retail and office center. The project has been designed to maintain the character of the Los Rios Street Historic District -with an agrarian architectural style, cedar shake shingles, an earth- toned color palette and board and batten vertical siding. The landscape plan includes trees and shrubs along the entire length of River Street. Policy 5.2: Ensure that new development integrates and preserves areas designated for scenic, historic, conservation, or public safety reasons. The proposed Commercial Core Planning Area has been designed to enhance 'the Los Rios Street Historic District via sensitive site planning, architecture and landscaping treatments. The proposed project will preserve historic areas (resources) as provided in Conservation and Open Space Element Goal 4, presented previously. Public Services and Utilities Element GOAL 6: Provide sufficient levels of water and sewer service . As a part of the environmental review, the Environmental Impact Report (EIR) considered the project's impacts to utility services, and referenced the City's 2015 Urban Water Management Plan (UWMP), which indicates that there are sufficient water resources to meet full service demands through the year 2040. Specifically, the project- related demand for water would represent a small percentage (0.1 percent) of the City's water supply in 2020. The City has water capacity to serve the proposed 64,900 square foot retail and office development project. Additionally, wastewater generated as a result of project implementation would represent less than one percent of the remaining treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the proposed project would be consistent with Goal 6. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with respect to Code Amendment (CA 16-003): 1. The proposed Land Use Code Amendment conforms with the goals and policies of the General Plan because it provides for the fulfilment of the General Plan's goals and policies, including, Land Use Goal 7, which provides, "Enhance and maintain the character of neighborhoods," and Land Use Policy 7.2, which provides, PC Resolution 19-05-14-01 11 May 14. 2019 "Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure." The proposed code amendment will allow for an amendment to the Los Rios Specific Plan to the Commercial Core Planning Area; and which would allow for the development of the proposed project; and because the project is compatible with the physical characteristics of the site and is served by public infrastructure. 2. The proposed Land Use Code amendment is necessary to implement the General Plan and to provide for public safety, convenience and/or general welfare because the proposed amendment achieves the goals and policies of the General Plan for the reasons listed above. Moreover, the proposed Land Use Code Amendment provides for the public safety, convenience, and general welfare because, among other things, it will provide for additional commercial and office uses that can serve the adjacent and surrounding community; and is adjacent to a the San Juan Capistrano train station. 3. The proposed Land Use Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof because it provides, specifically, that the proposed commercial center must conform to the project established development standards and conforms with the Los Rios Specific Plan 78-01 -Commercial Core Planning Area. 4. The proposed Land Use Code amendment is reasonable and beneficial at this time because the City has received an application for a commercial and office use within the Los Rios Specific Plan 78-01, subject to approval of all required entitlements. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommends that the City Council make the following findings pursuant to Title 9, Land Use Code, of the City of San Juan Capistrano with respect to Development Agreement (DA) 18-002: 1. DA 18-002 is consistent with the General Plan, any applicable specific plan, and the City's zoning ordinance, as amended. 2. DA 18-002 is in the best interests of the City and is consistent with good land use practices. Development of the Property -in accordance with DA 18-002 will provide substantial benefits to City and will further important policies and goals of City as described in the Development Agreement, the staff report and this Resolution. 3. DA 18-002 will promote the public convenience, health, interest, safety, or welfare of the city, and will not adversely affect the orderly development of property or the preservation of property values. The DA ensures the orderly and timely development of the property, progressive installation of necessary improvements, provides for public services appropriate to the development of the Project. PC Resolution 19-05-14-01 12 May 14. 2019 4. DA 18-002 is in compliance with the conditions, requirements, restrictions, and terms of the Municipal Code, in that it includes all mandatory provisions required by Government Code § 65865.2 and does not include any provisions that are not authorized by the Development Agreement Act. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommends that the City Council make the following findings as established by Section 9-2.321 Flood Land Use Permit, of Title 9, Land Use Code of the City of San Juan Capistrano: 1 . The application complies with all of the location and land use standards for uses or structures as set forth in Section 9-3.405 of this Code because the site will be graded to elevate the proposed buildings above the 100-year floodplain elevation. 2. Approval of the application will not result in a discernible net increase in water surface elevation, will not create or exacerbate erosive velocities within special flood hazard areas, and will not contribute to flooding of other properties not previously inundated by the 100-year storm event because in order to raise the existing grades above the 100-year floodplain elevation, the project proposes to fill the center portion of the site with approximately 2 to 5 feet of import soil which equates to approximately 18, 735 cubic yards of import soil. Although the project site is within a 1 OD-year floodplain, the proposed project includes a Water Quality Management Plan specifying that proposed buildings would be elevated above flood depths anticipated for site development. 3 . Development and use of the property as proposed are consistent with General Plan policies regarding flood control, public safety, aesthetics, and resource protection because the proposed project will complement the existing aesthetics of the Los Rios Street Historic District and existing grade elevations of the adjacent properties. 4. The proposed use and development of the property are consistent with all other applicable requirements of the Municipal Code and of the Federal Emergency Management Agency, California Fish and Game Department, United States Army Corps of Engineers, and Regional Water Quality Control Board requirements in effect at the time the application was deemed complete. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the Planning Commission recommends that the City Council certify the FEIR and adopt the Mitigation Monitoring and Reporting Program attached hereto in Exhibit A; approve General Plan Amendment (GPA 18-002) as provided in Exhibit B, attached hereto and incorporated herein; approve Code Amendment (CA 16-003) as provided in Exhibit C, attached hereto and incorporated herein; approve Development Agreement (DA 18- 002), as provided in Exhibit D, attached hereto and incorporated herein; and approve Flood Plain Land Use Permit (FP) 16-003. PC Res ol ut io n 19-0 5-14-01 13 Ma y 14. 20 19 CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of the record of proceedings. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 14th day of May, 2019. c?l~-~JdQ Tami Wilhelm, Vice-Chair Sergio Klotz, AICP, Assistant Development Services Director/Secretary