19-1105_RIVER STREET SJC, LLC_Agenda Report_E7TO:
FROM:
SUBMITTED BY
DATE:
SUBJECT:
11t5t2019
E7
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
Ænju iH Siegel, city Manager
Maria Morris, City Clerk Í\\( ^
November 5,2019
Adoption of an Ordinance Approving Code Amendment (CA) 16-003;
and Adoption of an Ordinance Approving Development Agreement
(DA) 18-002 for the Proposed River Street Marketplace Project,
Located at 31825 Los Rios Street (Assessor Parcel Numbers
121-160-22,28, 49) (Dan Almquist, River Street SJC, LLC)
RECOMMENDATION:
Approve the second reading and adoption of two ordinances entitled "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVTNG A CODE AMENDMENT (CA 16-003) TO THE LOS R|OS SPECIF|C PLAN
(sP) 78-01 TO AMEND VARTOUS SECTTONS OF THE SPECTFIC PLAN TO ADD THE
COMMERCIAL CORE PLANNING AREA AND ADD APPENDIX A 'RIVER STREET
MARKETPLACE PROJECT, AMENDMENT TO THE LOS RIOS SPECIFIC PLAN'' FOR
THE RIVER STREET MARKETPLACE PROJECT LOCATED AT 31825 LOS RIOS
STREET (ASSESSOR PARCEL NUMBERS 121-160-22, 28, 49 )(APPLTCANT:
DAN ALMQUIST, RIVER STREET SJC, LLC);" AND, .AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT FOR CERTAIN REAL PROPERTY
LOCATED AT 31825 LOS R|OS STREET (ASSESSOR PARCEL NUMBERS 121-160-
22, 28,49) BETWEEN THE C|TY OF SAN JUAN CAPTSTRANO AND RTVER STREET
SJC, LLC PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET
SEO.(APPLICANT: (DAN ALMQUIST, RIVER STREET SJC, LLC)."
EXECUTIVE SUMMARY
On October 15,2019, the City Council approved the first reading and introduction of two
ordinances: 1) Ordinance approving Code Amendment 16-003 to the Los Rios Specific
Plan 78-01 to amend various sections of the specific plan to add the commercial core
planning area for the River Street Market Place Project; and, 2) Ordinance approving
a Development Agreement between the City and River Street SJC, LLC for the
development of the project. The ordinances will go into effect 30 days after passage.
City Council Agenda Report
November 5,2019
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DISCUSSION/ANALYSIS:
Not applicable
FISCAL IMPACT:
Not applicable
ENVIRONMENTAL IMPACT:
The City prepared a Draft Environmental lmpact Report (DEIR) that analyzed the
proposed project's environmental impacts in compliance with the provisions of the
California Environmental Quality Act (CEOA). 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 prepared Responses to Comments as required by CEQA,
which are included in the Final EIR (Attachment 10 to the October 15,2019, City Council
agenda report).
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.orq/Departments/Development-Services/Planning-
Zon inq/Envi ron mental-Docu me nts/River-Street-Marketplace
ln regard to the applicant's modifications to the proposed site plan, CEQA Guidelines
Section 1 5088.5(a) states,
A lead agency is required to recirculate an EIR when significant new
information is added to the EIR after public notice is given of the availability
of the draft EIR for public review under Section 15087 but before
certification. As used in this section, the term "information" can include
changes in the project or environmental setting as well as additional data or
other information. New information added to an EIR is not "significant"
unless the EIR is changed in a way that deprives'the public of a meaningful
opportunity to comment upon a substantial adverse environmental effect of
the project or a feasible way to mitigate or avoid such an effect (including a
feasible project alternative) that the project's proponents have declined to
implement...
To determine whether the changes proposed by the Modified Project trigger the need to
recirculate all or a portion the Draft ElR, the City prepared a "Technical Memorandum:
Environmental Compliance of the Project Modification to the River Street Marketplace
ElR,'dated September 13,2019, (Attachment 11 to the October 15, 2019, City Council
agenda report).
City Council Agenda Report
November 5,2019
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The memorandum concludes, and is supported with substantial evidence, that the
Modified Project would not require major revisions to the River Street Marketplace Project
EIR and none of the conditions identified in CEQA Guidelines Section 15088.5 requiring
recirculation of the EIR would occur.
PRIOR CITY COUNCIL REVIEW
On October 15, 2019, the City Council approved a resolution adopting
environmental findings pursuant to the California Environmental Quality Act,
certifying a Final Environmental lmpact Report, adopting a Mitigation Monitoring
Reporting Program, and approving General Plan Amendment 18-002 and Flood
Plain Land Use Permit 16-003; and, approved the first reading and introduction of
two ordinances: 1) approving Code Amendment 16-003 to the Los Rios Specific
Plan 78-01 to amend various sections of the specific plan to add the commercial
core planning area for the River Street Market Place Project; and,2) approving a
Development Agreement between the City and River Street SJC, LLC for the
development of the project.
On August20,2019, the City Council conducted a public hearing to accept public
comments and, at the request of the Applicant, continued consideration of the
project to the October 15,2019, City Council meeting.
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On August 6,2019, the City Council conducted a public hearing to accept public
comments and, at the request of the Applicant, continued consideration of the
project to the August 20,2019, City Council meeting.
On July 2, 2019, the City Council conducted a public hearing to accept public
comments and, at the request of the Applicant, continued consideration of the
project to the August 6,2019, City Council meeting.
On April 3,2018, the City Council 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.
On October 4,2016, the City Council initiated a study of a proposed amendment
to the Los Rios Specific Plan.
COMMISSION/COMM ITTEE/BOARD REVI EW AND RECOMMENDATIONS
On September 24, 2019, the Planning Commission considered the modified
project plans and adopted two Resolutions recommending that the City Council
certify the Final Environmental lmpact Report (FEIR), adopt the Mitigation
Monitoring Reporting Program, a code amendment, and approve an Architectural
Control, Grading Plan Modification, and Sign Program.
on May 14, 2019, the Planning commission reviewed the project and
recommended certification of the EIR and approval of the Project to the City
Council with six proposed conditions for Council consideration.
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City Council Agenda Report
November 5,2019
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On May 14,2019, the Cultural Heritage Commission approved Site Plan Review
(SPR 16-007), found the project consistent with City Council Policy 603 with regard
to compatibility with adjacent listed historic structures and found the Cultural
Resources and Land Use and Planning analysis contained in Chapters 5.4 and 5.9
of the Environmental lmpact Report as adequate.
On April 12, 2018, the Design Review Committee reviewed the revised
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
and provided the Applicant with comments regarding the proposed project.
o On February 23, 2017, the Design Review Committee conducted a work session
to review the conceptual development design plans.
NO TIFICATION
The City Clerk's office will provide all necessary publications and posting of the Ordinance
as required by law.
ATTACH MENT(S):
Attachment 1 - Ordinance Approving Code Amendment to Los Rios Specific Plan
Attachment 2 - Ordinance Approving Development Agreement
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ORDINANCE NO. 1071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
cAPrsrRANO, CALTFORNTA APPROVTNG A CODE AMENDMENT (CA
16-003) TO THE LOS R|OS SPECTFTC PLAN (SP) 78-01 TO AMEND
VARIOUS SECTIONS OF THE SPECIFIC PLAN TO ADD THE
COMMERCIAL CORE PLANNING AREA AND ADD APPENDIX A "RIVER
STREET MARKETPLACE PROJECT, AMENDMENT TO THE LOS RIOS
SPECIFIC PLAN' FOR THE RIVER STREET MARKETPLACE PROJECT
LOCATED AT 31825 LOS R|OS STREET (ASSESSOR PARCEL
NUMBERS 121-160-22, 28, 49 XAPPLICANT: DAN ALMQUIST, RIVER
STREET SJC, LLC)
WHEREAS, Dan Almquist, River Street SJC, LLC, 610 Newport Center Drive,
Newport Beach, CA 92660, has requested approval of a Code Amendment to the Los
Rios Specific Plan (SP) 78-01 to amend various sections of the specific plan to add the
Commercial Core Planning Area and add Appendix A "River Street Marketplace Project,
amendment to the Los Rios Specific Plan" for 31825 Los Rios Street (Assessor Parcel
Numbers 121 -160-22, 28, 49); and,
WHEREAS, Sheree & Doug lto are the owners of the real property located at
31825 Los Rios Street (Assessor Parcel Numbers 121-160-22,28,49); 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, the project has been processed pursuant to Section 9-2.309, Code
Amendment to amend various sections of the specific plan to add the Commercial Core
Planning Area and add Appendix A "River Street Marketplace Project, amendment to the
Los Rios Specific Plan"; and,
WHEREAS, pursuant to section 21067 of the Public Resources Code, and section
15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, S 15000 et seq.), the City
of San Juan Capistrano is the lead agency for the proposed Project; and,
WHEREAS, consistent with CEQA (Pub. Resources Code, S 21000 et seq.) and
the State CEQA Guidelines (Cal. Code Regs., tit. 14, S 15000 et seq.), the City prepared
a Draft Environmental lmpact Report ("Draft ElR") and circulated that DEIR for public
review and comment; and,
WHEREAS, consistent with CEQA and the State CEQA Guidelines, the City
prepared a Final Environmental lmpact Report ("Final EIR'), consisting of the Draft ElR,
alltechnical appendices prepared in support of the Draft ElR, all comment letters received
on the Draft ElR, written responses to all comment letters received on the Draft ElR, and
errata to the Draft EIR and technical appendices; and,
1 ATTACHMENT 1
WHEREAS, the "ElR" 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, the Planning Commission conducted a duly-noticed public hearing on
September 24, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider
public testimony on the proposed project and has considered all relevant public
comments; 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 to consider public
testimony on the proposed project and has considered all relevant public comments; and,
WHEREAS, on July 2,2019, the City Council held a duly noticed public hearing to
considerthe provisions of this Ordinance and following receipt of allwritten and oral public
comments, the City Council continued the public hearing; and,
WHEREAS, on August 6,2019, the City Council held a duly noticed public hearing
to consider the provisions of this Ordinance and following receipt of all written and oral
public comments, the City Council continued the public hearing; and,
WHEREAS, on August 20, 2019, the City Council held a duly noticed public
hearing to consider the provisions of this Ordinance and following receipt of all written
and oral public comments, the City Council continued the public hearing; and,
WHEREAS, on October 15, 2019, the City Council held a duly noticed public
hearing to consider the provisions of this Ordinance and following receipt of all written
and oral public comments, the City Council closed the public hearing, considered the
evidence presented, and deliberated.
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of San Juan Capistrano hereby finds
and determines that all of the above Recitals are true and correct and incorporates
such Recitals into this Ordinance as if fully set forth herein.
SECTION 2.CEQA.
Pursuant to Resolution No. 19-10-15-01 , the City Council has adopted
Environmental Findings of Fact, a Statement of Overriding Considerations, a Mitigation
Monitoring and Reporting Program, and certified the EIR prepared for the Project,
including approval of Code Amendment (CA) 16-003 to the Los Rios Specific Plan (SP)
78-01 and the proposed amendment to the Los Rios Specific Plan for the River Street
Marketplace Project.
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SECTION 3. Code Amendment 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, "Ensure that
new development is compatible with the physical characteristics of its site, surrounding
land uses, and available public infrastructure." The proposed code amendment allows for
an amendment to the Los Rios Specific Plan to the Commercial Core Planning Area which
would allow for the development of the proposed project which is compatible with the
physical characteristics of the site and is served by public infrastructure. The code
amendment will also result in the elimination of blight which will enhance the
neighborhood. The proposed improvements allowed by the code amendment will
enhance the amenities available to the residents while maintaining the character of the
neighborhood.
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.
It will allow for development to revitalize an underutilized area, bringing needed amenities
and infrastructure improvements to the neighborhood.
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.
Additionally, it addresses the need of the community by providing needed commercial,
retail and infrastructure improvements.
SECTION 4 Amendment to the Los Rios Soecific Plan 78-01
The proposed amendment to the Los Rios Specific Plan 78-01, and bearing the
file number as follows: CA 16-003 is hereby approved, and hereby adopted by the
City Council and incorporated as part of this Ordinance as Exhibit A.
SECTION 5. Severability.
lf any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall
not affect the validity of the remaining portions of this Ordinance or any part hereof. The
3 c^1071
City Council of the City of San Juan Capistrano hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6. Publication.
The City Clerk is hereby directed to cause the following summary of this Ordinance
to be published by two (2) insertions in the Capistrano Valley News, a newspaper of
general circulation that is printed, published, and circulated in the City of San Juan
Capistrano.
SECTION 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted
and published in the manner required by law.
SECTION L Location and Custodian of Records.
The documents and materials that constitute the record of proceedings on which
this Ordinance is based are located at the City Clerk's office located at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the
City Clerk.
SECTION 9. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once
within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days
after adoption, the City Clerk shall cause to be published the aforementioned summary
and shall post a certified copy of this Ordinance, together with the vote for and against
the same, in the Office of the City Clerk.
PASSED APPROVED AND ADOPTED this 5th day of November 2019
BRIAN L. MARYOTT, MAYOR
ATTEST
4
MARIA MORRIS, CITY CLERK
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EXHIBIT A
LOS RIOS
SPECIFIC PLAN
SPECIFIC PLAN 78-01
A Specific Plan for the Los Rios Historic District
and Surrounding Area; including the
Commercial Core Planning Area
San Juan Capistrano, California
adopted by City Council Resolution 78-02-15-06
amended by City Council Resolution 99-1 1-16-04
amended by City Council Resolution 03-01 -21-03
amended by City Council Resolution 1 2-09-0 4-02
amended by City Council Ordinance 1071
Citv Council
David Swerdlin, Mayor
John Greiner, City Council member
Collene Campbell, City Council member
Gil Jones, City Council member
Wyatt Hart, City Council member
Los Rios Ad-hoc Gommittee
David Swerdlin, Mayor
John Greiner, City Council member
llse Byrnes, Cultural Heritage Commissioner
Diane Bathgate, Planning Commissioner
Bonnie Holt, Transportation Commissioner
Ed Johnson, Planning Commissioner
Don Tryon, Cultural Heritage Commissioner
Plannino Commission
Ed Johnson, Chairman
Diane Bathgate
Sheldon Cohen
Michael Eggers
Tim Neely
William Pichler
Bill Sonka
Citv Staff
Project Manager: William Ramsey, AICP, Principal Planner
Thomas G. Tomlinson, Planning Director
Omar Sandoval, Deputy City Attorney
Maryl in Wood-Miller, Secretary
Greg Murray, Graphic lllustrator
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TABLE OF CONTENTS
PART I, BACKGROUND
A. INTRODUCTION.
B. SUMMARY OF THE PLANNING PROCESS
I peRT 2, sPEcrFrc PLAN ELEMENTS 65
A. LAND USE ELEMENT.
1. Land Use Goals
2. Core Planning Areas
3. Land Use Planning Areas ...............1
B. CIRCULATION ELEMENT ........11
1. Girculation Goals ...........11
2. Streets t2
3. Phasing Plan
4. Parking
5. Pedestrian Linkages:.........
6. Bicycle Linkages.
7. Equestrian Linkages..........
C. DESIGN ELEMENT..............
1. Design Goals.......
2. Design Policies ..........+617
D. HOUSTNG ELEMENT......... ...++18
1. Housing Policies ........1+18
2. Little Hollywood Neighborhood.......... ..... .+S19
3. Community Redevelopment Agency.... ......+9U
4. Financial lncentives.......... ..........+g20
PART 3, SPECIFIC PLAN REGULATIONS ..4æ
A. GENERAL DISTRICT REGULATIONS ..æ21
Environmental Overlay Districts.. ...............æ2L
Supplementary District Regulations............ ...............ryL
District Boundaries.............. .......æ21
. Review of Unlisted Uses 2+22
" *ìf
är Brilffirffi !iL:,' ffi*;i;::::::::::::::::::::::::::::.::::::.: ffi
3. Park (P) District 2524
4. Historic Commercial (HC) District ..........,...261¿5
5. Historical Residential (HR) District.... .........426
6. Low Density Residential (LDR) District.... ..næ
7. Open Space (OS) District ÐÐ
C. ARCHITECTURAL DESIGN GUIDELINES .ÐÐ
1. Historically Significant lndividual Structures .............313e
2. Original Buildings with Authentic Finishes and Detai|s.............32+r
3. Significantly Altered Original Structures ...43+
5
5
5
6
6
8
0
+415
+51é
+51é
+51é
1516
151é
+51é
1
2
3
4
5
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4. New Construction .32++
5. Relocated Buildings
6. Fences and Walls
7. Accessory structures
1. Landscape Design Goals & Standards.
2. Signs and Graphics Goals & Design Standards
3. Streetscape Design Elements
PART 4, DEVELOPMENT REVIEW .........414+-
PART 5, IMPLEMENTATION 424+
FIGURES
Figure l,
Figure 2, Circulation Plan
.&32
.l34
.303s
.3635
.&31
.4039
69
4+
+
Figure 3, Addition Standards
APPENDIX
A: River Street Marketplace Proiect. Amendment to the Los Rios Soecific Plan
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PART 1, BACKGROUND
A. INTRODUCTION
ln October 1974, the San Juan Capistrano City Council adopted Resolution 74-10-2-3,
declaring that the Los Rios area_"-was an area containing structures of historicsignificance,
and that "the Council declares that these structures and the entire Los Rios area ought to
be protected and preserved for posterity." At the same meeting, the Council adopted
Ordinance No. 281, designating the Los Rios planning area, a 4O-acre area bounded by
the Capistrano Villas to the north, the formerAT&SF Railroad right-of-way to the east, Del
Obispo Street to the south, and the Trabuco Creek Flood Control Channel to the west, as a
Special District. The Special District zone was consistent with the General Plan Land Use
Element which designates the area "SS" (Special Study Area), and the Official Zoning Map
which designates the planning area Land Use Code also recommends the developmentof
a Specific Plan. On February 15, 1978, the City Council, by resolution, adopted the Los
Rios Specific Plan Qinna fho I O79, adnnfinn nf fha Plan the document has bee n
amended at least three times. This current amendment creates a new Core Planninq Area
Comm will the three existi
Plannino Areas lCentral.nc and E ntrv PI aza\
B. SUMMARY OF THE PLANNING PROCESS
The 1978 adoption of the Los Rios Specific Plan was the result of a twenty-one month
effort by the City of San Juan Capistrano, through the Los Rios Steering Committee,
Planning Department, Planning Commission, and the City Council. lnitial phases of the
program began in March 1976, with the formation of the Los Rios Steering Committee,
composed of property owners and residents of the Los Rios area. The Committee
identified the major issues, goals and objectives for the future development of the area,
evaluated alternative plans, and recommended a preferred land use plan to the City
Council.
ln 1997, the City Council initiated a Specific Plan update process to address emerging
issues including over-commercialization, preservation of residentialcharacter, demand for
parking facilities, traffic congestion, and central park area land use. Because of State laws
on conflict of interest enacted since the original adoption of the Specific Plan, Los Rios
residents and merchants were not legally eligible for appointment to a Citizen's Advisory
Committee. As an alternative, the City Council created the Los Rios Ad-hoc Committee
comprised of two City Council members, two Planning Commissioners, and one
Commissioner each from the Cultural Heritage, the Transportation, and the Parks and
Recreation Commissions. Between February and May 1998, the Los Rios Ad-hoc
Committee conducted several public workshops to review land use planning issues which
could result in potential amendments to the Specific Plan. The preliminary draft was
subsequently reviewed by the City Council who initiated a formal public hearing process.
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PART 2, SPECIFIC PLAN ELEMENTS
The Los Rios Specific Plan District represents a unique, historically-rich neighborhood
which reminds us of times past when life moved more slowly, agriculture was the lifeblood
of the local economy, and European, Mexican, and Native American cultures prevailed
side-by-side. The Rios Adobe and Montanez Adobe, represent some of the oldest
structures in the County, and the Rios Adobe may be the oldest, continually-inhabited
residence in Orange County. Los Rios Street serves as the main artery of the Specific
Plan District, a street which not only serves as home to many residents, but also supports
limited commercial and service establishments. The challenge for the residents and
businesses of Los Rios is to allow the District to evolve and adapt to changing conditions
and needs while preserving the essence of the area; its historical diversity and rural
character. The Specific Plan consists of several elements including the Land Use Element,
Circulation Element, Design Element, and Housing Element.
A. LAND USE ELEMENT
The Land Use Plan should seek to accommodate a diversity of land uses which balance
physical, social and economic factors.
1. Land Use Goals: The following land use goals serve as the foundation for the district
regulations and related development standards
Land Use Goal #1: The City designates the Ramos Street ("Jimenez") property
for "community passive park" use including, but not limited to,
community gardens, walking paths, family picnic areas and
playground, a Native California plant arboretum. The City
designates the Los Rios Recreational Vehicle (RV) Storage
Lot, Cappello property, and the Trulis property as a"special
study area" for future analysis and determination regarding
the appropriate ultimate land use. The "community passive
park" and the "special study area" will be landscape buffered
from the Historic Residential ('HR") District.
Land Use Goal #2: The City will limit commercial development "HR" (historic
residential) district to an appropriate scale which preserves
the residential character of the District and prevents over-
intensive commercial use of the area.
Land Use Goal #3: The City will establish residential use as the principal use in
the uHR" (historic residential) district and designate
commercial uses as an accessory use.
Land Use Goal lf4: Within the "HR" (Historic Residential) District, the City will
mandate residential occupancy in order to establish
commercial use in any structure and create enforceable
standards defining residential occupancy.
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Land Use Goal #5: The City will create land use and development standards
which protect residential districts from commercial
development through restrictions on the type of use, the
scale of use, proximity of commercial use to residential
districts, and operating hours.
Land Use Goal #6: The City will pursue noise attenuation of residential properties,
as part of the building permit process and through the Orange
County Transportation Authority, to mitigate rail noise
impacts and protect the residential character of the
neighborhood.
Land Use Goal #7: The City recognizes and designates the Little Hollywood
neighborhood as a component of the City's affordable
housing efforts to address both District and City resident
needs.
Land Use Goal #8: The City will enhance the physical design, area, and the use
of the entry plaza to create both a visual and activity focal
point of the District.
Land Use Goal #9: The City will protect the integrity of the Los Rios National
Register Historic District through design standards, buffering
new development from the district, and by prohibiting the
relocation of historic structures to that District except as set
forth in Section 3.C.5 of this plan.
Land Use Goal #10 The City will manage the Montañez Adobe site to
accommodate cultural and historical activities and programs
consistent with the historic context of the National Register
Historic District. The City will develop and adopt a Master
Site Development Plan for the Montañez Adobe site which
preserves the historic integrity of the site and structure while
accommodating cultural and historical activities and
programs.
Land Use Goal #11: The City will include public support facilities (e.9. restrooms,
telephone), centrally located within the District, to serve the
community and visitors to the District.
Land Use Goal #12= The City designates about one (1) acre of publicly-owned
land for public parking facilities to accommodate
approximately eighty (80) to one-hundred (100) parking
spaces, centrally situated on a portion of the RV lot and/or
Trulis property, so as to provide convenient parking to the
"HR" (Historic Residential) District as well as the "community
passive park." Public parking will be sited, designed,
landscaped and buffered so as to protect nearbyresidential
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Los Rios Specific Plan Citv of San Juan Capistrano
pf'ope
include a pick-up/drop-off area. ln order to site the public
parking, the City may relocate the recreational vehicle (RV)
storage lot to the Cappello property and/or a portion of the
Trulis property.
Land Use Goal #13: The City will encourage proposals for private property owners
in the "HR" (Historic Residential) District to meet their off-
street parking requirements through agreement with the City
for use of the planned public parking lot.
2. Core Planning Areas: The Specific Plan District includes thre+four planning areaswhich
comprise the "heart" of the District including the "Central Area", "Historic Core," an++h€
"Entry Plaza," and "Commercial Core." (see Figure 1, ).
a Central Area: The Central Area consist of those lands the City has pursued for
public acquisition for development of park uses as well as the Historic Commercial
(HC)-designated portions of the Rios and Jones properties to the south and
comprises about 9.5 acres. The park portion of the central area will accommodate
development of a community passive park including, but not limited to, community
gardens, walking paths, family picnic areas and playground, a Native California
plant arboretum, and public parking designed to complement the historic character
of the District. The Los Rios Recreational Vehicle (RV) Storage Lot is designated
as a "special study atea" for future analysis and determination regarding the
appropriate ultimate use. Commercials land uses on privatelyowned portions of the
central area will be compatible with park use to the north. The public park will
include public facilities (i.e. public restrooms, phones, etc.) to serve the park and the
District.
h Historic Area: This area serves as the gateway and provides the visitor with a
variety of paths and activities from which to choose. The Historic Area is divided
into two subsections by commercial activities within the central area while cultural
facilities are located to the north and south ends. Both the Montanez Adobe and
the Pryor Victorian are to be used for cultural and educational activities. Both
structures and the surrounding landscape will be restored and maintained in their
original appearance. Activities generated by these facilities will be more passive in
nature than those of the historic commercial activities. The Montanez Adobe should
be used as a museum, with period exhibits and displays. The Pryor Residence
(O'Neill Museum) houses the San Juan Capistrano Historical Society, and provides
archival material, historical displays, a library, and also conducts seminars and
educational programs.
SlPage
110odSrtÔ¡,3aulgIA5r¡¡3dJÇf-G€o¡{ÉÞ:ÈIul¡ñHlgt¡uoU¡z<'r.1#r*oÞael|a')*?rta.ç+r¡¡É{)oIIt)ögor¡rsf"qlw FrÞdfrmy ft ¡o¡npu¡r! rnfl fr{ø¿.r¡t¡tq ¡T€.KJûtH ürD+¡ rqü FI tili4#r}JðFßtEVüa,to3 lanlaruutoJ @øawøzþ\¿n4us @úarvruolstí @øawpqua) a"lEl -iılJ rr¡'¡rJ..4t lr s*, ¡rÛl un¡Ftfrtríæ tq tfslr þE rttf,r.ld r6¡Èd rtt rf. qfl3{t I pr{ r q ùr 4rU, rg.U}Tot'itÐ31EÇ0*.'......-..""'-'i-""--II
Los Rios Soecific Plan citu of San .hran Canistrano
qEntry Plaza: This area serves as the primary pedestrian entry to the Los Rios
Historic District. The area has been enhanced with landscaping, brick walks, soil-
cement vehicle access way, and pÞdestal/with plaque describing the historic district.
Additional opportunities exist to expand the public space and function of the area.
edCommercial Core: This area serves as the commercial hub of the Specific Plan. This
Planninq Area is intended to be a comprehensivelv desiqned proiect that hiqhliqhts the
aorarian historv of the area. Please refer to Appendix A for detailed develooment
reoulations and desiqn quidelines applicable to this Core Planninq Area.
3. Land Use Planning Areas. The Specific Plan establishes the following land use planning
areas and basis for establishing more specific development regulations in the Specific Plan
District:
a Low Density Residential Area. The Low Density area is intended to create a low
intensity, planned residential district that preserves existing housing and allows
development of new housing. The Low Density area would allow residential housing
with a rural design character, would allow replacement of dilapidated units in Little
Hollywood with limited economic life, and would establish generaldesign guidelines
for replacement and new housing the Little Hollywood.
h Historic Residential Area. This Historic ResidentialArea along Los Rios Street is
intended to preserve the character of the Los Rios National Historic Districtand
prevent the demolition or deterioration of contributing (historically significant)
structures. The District would allow limited, small-scale commercial use in
conjunction with residential occupancy in order to maintain the residential character
of the District. The Historic area will require that a structure be used primarily as a
dwelling, but allows accessory commercial/retail and service uses. Appropriate
accessory uses could include specialty retail shops (glassware, plants, gifts), arts
and crafts workshops, displays, and sales (pottery, weaving, jewelry, photos,
painting, etc.), and professional offices (architect, lawyer, engineer, accountant,
etc.).
c Park Area. The Park Area consists of approximately 6.8 net acres situated between
Ramos Street to the north, Trabuco Creek to the west, the Rios propertyto the south,
and the "HR" (Historic Residential) District properties to the east along Los Rios
Street. The designation would allow a combination of public and private uses, and
is intended to accommodate an appropriate balance of community public park, public
facilities (bathrooms, phone, etc.), public & institutional use(s), and public parking.
The City will establish a park development plan for the area through a public review
process so as to achieve the land use policies of this Plan.
d. Historic Commercial. The Historical Commercial area is intended to allow a
combination of commercial/retail uses and open space uses that reinforce the
historic character of the area while providing economic incentives for preservation.
The district should allow commercial activities such as accessory retail sales,
equestrian-oriented activities, crop and tree farming.
l0 lPage
1
e.LowDensitycommercial.Thisareacommercial
activityan+that-@theruralcharacteroftheLosRiosarea.The
Area. Permitted uses within the Low Densitv Commercial desionation are detailed
at Appendix A.
effiees may be permitted frenting Ðel Obispe Street whieh een{erm te the existing
andfarkingt
f. Open Space. The entry plaza area, the area between the railroad and Los Rios
Street, and the area between Paseo Adelanto and Trabuco Creek are designated
"open space" and are intended to preserve the open rural character of the area.
The landscape palette for these areas will rely primarily on Native California plants
and improvements should be limited to pedestrian pathways.
B. CIRCULATION ELEMENT
Girculation Goals. The Circulation Plan for the Los Rios area is essential to implementing
the desired pattern of land uses described in the preceding Land Use Plan. The Circulation
Plan, as amended in July 1990, provides for vehicular, pedestrian, bicycle and equestrian
access, and for necessary parking in the area. The City establishes the following
circulation goals for the Specific Plan area:
Circulation Goal #1: Create a circulation plan which provides for safe and
convenient pedestrian access for both visitors and residents to the district.
Girculation Goal-#2: Provide centrally-situated public parking to reduce parking
violations and pressure for parking along Los Rios Street. lmplement a sign
program to direct visitors to public parking.
Circulation Goal #3: Require off-street parking in the ÐistrielH istoric Core Plann inq
Area to be situated within sideyards or to the rear of structures
Circulation Goal #4: lmplement improvements and/or traffic flow restrictions at the
Los Rios & Del Obispo Street intersection which improve traffic safety and
operations consistent with the Growth Management Element's levels-of-service,
including restrictions or a prohibition on southbound left{urns from Los Rios Street
to Del Obispo Street.
Circulation Goal #5: The City designates Paseo Adelanto as the primary access to
the Specific Plan area in order to reduce visitor traffic on Los Rios Street, preserve
the historic character of the area, and provide a safer pedestrian environment.
Motor vehicle access to the CRA-owned properties will be provided exclusively by
Paseo Adelanto and no motor vehicle access will be provided via Ramos Street.
Access to the Jones and lte-Commercial Core Plffi properties will be
11 lPage
provided via River Street and Paseo Adelanto, River Street. and Los Rios Street.
The Los Rios/River Street intersection will only provide access to the O'Neill
Museum if and when the museum weuld seeure legal aeeess te Pasee Âdelante via
RiverStreet; and wr{lenlyprevrdepedestrian and emergencyaccessto the Jones and
Commercial Core Plannino Arealte properties
Circulation Goal #6: Consider implementing one-way traffic flow on Los Rios
Street between Ramos Street and the pedestrian plaza to reduce pedestrian and
motor vehicle conflicts and reduce overall traffic congestion. Convert a segment of
Los Rios Street to exclusive pedestrian use, if practical and functional.
Circulation Goal #7: Circulation improvements will be phased incrementally and
assessed to determine the need for subsequent phases so that circulation system
changes are the minimum necessary to achieve the goals of safe and convenient
traffic and pedestrian circulation. Specifically, prior to implementing any final phase
involving significant changes including the expansion of the pedestrian plaza into
Los Rios Street, restricting access to Los Rios Street via automated gates, or
designating streets with one-way traffic, the City will comprehensively assess the
advantages and disadvantages of such improvements and conduct public meetings
on their preliminary design.
2. Streets. Public streets within the Specific Plan Area will include the following elements:
a Paseo Adelanto: Paseo Adelanto will serve as the primary access to the Los
Rios Specific Plan Area. The street will be extended from Del Obispo Street
to Ramos Street, and consist of a twenty-eight (28) foot wide curb-to-curb
section. Pedestrian walkways will be provided on the east side only and the
design and materials will be historically compatible with the District. Diaqonal
and parallel Parking on Paseo Adelanto sheiltgybe @in
order to ensure safe traffic flow and provide ioint u
Plan area.
b. River Street: Vehicular access alonq River Street will be prohibited bv the
use of bollards to be located iust east of the intersection with Paseo
Adelanto. Additionallv. River Street will be transitioned from the existinq
asphalt paved street to a decomposed qranite (or similar) path.RivefS+eet
ia
PaseendehnteanA ne
Ries Street ente Pasee Adelante, The River StreeUlos Rios Street
connection will be gated to allowthe connection to be retained for pedestrian
access, the-O'Neill Museum access, and for sefl#€€--€rqd-emergency
purposes.
c Park Access: Paseo Adelanto will serve as direct access to tre Commercial Core
Plannino Aræ and will provide the-access to the parking lot for the planned
community passive park. The exact location of the access will be decided as
part of the development plans for the park. Ramos Street will not provide park
access for motor vehicles.
12lP age
d. Mission/Los Rios Street lntersection: The Mission Street-llos Rios Street
intersection would be improved to reduce the cross grade of the street and
relocate the existing power pole at the southwest corner so as to increase
the turn radius and accommodate motor vehicle turns.
e, Little Hollywood access. As part of implementation of the housing program
for Little Hollywood, the City may design and construct local street access
between Mission and Ramos Streets.
f. Emergency Access: Alternate emergency access connections into the
area will be retained at Verdugo Street and at Avenida de la Vista. This
access would be used in case the main Paseo Adelanto access became
blocked for any reason.
13 lPage
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14lPage
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3. Phasing Plan: The Circulation Element is intended to be implemented in phases in order
to progressively assess the impacts of each new street improvement. Prior to any
subsequent improvement, the City should evaluate the effects of all previously
constructed public improvements.
Phase 1 lmplement a sign program to direct visiter-yghiculgltraffic to
Paseo Adelanto, and direct visitors to park alonq Paseo
Adelanto or in public lots in the downtown area. lnstall bollards
e+-e-Sa+e to eliminate
f+emveh¡cular traffic a River Street to Los Riosr-åut
maintain O'Neill Museum aeeess te tes Ries until sueh time
their aeeess te tes Ries Street will be terminated. O'Neill
museum curator and/or owner shall be provided gated entrv
to River Street.
Phase 2:Construct public parking on portion of CRA-owned property
and implement comprehensive sign program to direct visitors
to Los Rios public parking, and discourage visitor traffic from
entering the Historic District along Ramos Street by
constructing cul-de-sac at Paseo Adelanto and Ramos Street.
Phase 3 Sign and/or reconstruct the Los Rios StreeVDel Obispo Street
intersection to restrict or prohibit southbound, left-turns from
Los Rios to Del Obispo Street.
Phase 4 lmplement the final phase of Circulation Alternative A-1 (install
automated gate access on Los Rios Street above Las Hadas
entrance to restrict traffic to exit only) or C-1 (the expansion of
the pedestrian plaza to include a portion of Los Rios Street and
constru cti n g " ham merhead" tu rn-arou nds. Before i mplementi ng
the final phase of either Circulation Plan, the City will first
assess the effectiveness of previous improvements including
signs, parking, and pedestrian improvements to determine the
need to implement the final phase. Second, the City will
design and construct improvements so that they are
"reversible" (i.e. improvements should allow the easy
reconversion of Los Rios Street to its original condition in the
event they do not satisfactorily achieve their desired
15lPage
objectives). One year after installing the final phase of
improvements, the City will assess those improvements.
4. Parking: On street parking is prehibited aleng mest ef tes Ries Street beeause ef iÈs
parking limitatiens, eff street parking is espeeially impertant in the tes Ries area,On-street
parkino is limited throuqhout the Specific Plan area due to roadwav width and historic
character. Due to its desiqnation as the primarv access point for the Specific Plan area.
cliaoonal andlor oarallel oarkino is ne rmitted alo seo Adelanto" -While public parkingnoPa
is available in the historic downtown area, such parking is not presently available in the
Specific Plan District. The City's strategy is to provide central public parking situated and
scaled to serve the needs of the District.
5. Pedestrian Linkages: The Circulation Plan provides for a strong pedestrian link between
the Los Rios area and the historic downtown and Mission. The linkage connects the
Mission to Los Rios via existing downtown sidewalks along Ortega Highway, Camino
Capistrano and Verdugo Streets. From the Verdugo cul-de-sac, the pedestrian-way
crosses the railroad tracks at a protected crossing and enters the planned pedestrian
plaza at Los Rios and Verdugo. From the point, the route goes a short distance north on
Los Rios Street, to the Montanez Adobe, and then westward.
The length of the pedestrian route on Los Rios Street and other local streets is purposely
minimized because of the narrowness of those streets and the lack of right-of-way available
for sidewalks. A sidewalk will be provided on the east side of Paseo Adelanto.
6.Bicycle Linkages: Primary bicycle access to the area is from the existing north-south
Trabuco Creek levee trail. The bike route will be extended from this trail across Paseo
Adelanto and through the new Central Park. ln addition, the existing secondary bike way
connection from the alley in the condominium development (adjacent to the north) to Los
Rios Street will be retained.
7. Equestrian Linkages: The major equestrian trail in the area is the-north-south trail on
the ether er west side of Trabuco Creek. The plan shows a spur of this trail connecting to
a hitching area in the new Central Park. This spur will provide access to the major trail and
to the stables to the north along Trabuco Creek.
C. DESIGN ELEMENT
1. Design Goals. The design of the Los Rios Historic District is derived from the architecture
and character of the surrounding area. The design will further the following goals:
Design Goal #1. The City will seek to maintain and enhance the pedestrian
entry plaza to serve as the principle pedestrian connection
16lPage
between the planning area and the downtown and will
emphasize non-motorized transportation modes in the District
Design Goal #2. The City will promote the preservation of historically significant
structures and sites, those within the National Register Historic
District or on the City's lnventory.
Design Goal #3. The City will assure that new development is architecturally
compatible with existing historically, significant structures.
Design Goal #4. The City will seek to buffer non-residential development and uses
from residential uses, and buffer the National Register Historic
District from incompatible new development.
2. Design Policies. ln addition, the City establishes the following policies to accomplish the
Design Element's goals:
Design Policy #1.The City will encourage new buildings in the Specific
Plan area to respect natural site features including
existing terrain and landscaping, in particular mature
specimen trees.
Design Policy#2.The City will expect the architectural style of new
buildings and additions to existing buildings to be consistent
with existing styles including but not limited to Monterey,
Adobe, Craftsman bungalow, Victorian, and California
vernacular board-and-batten.
Design Policy #3 The Citywill assure that new buildings and additions to
existing buildings are compatible in terms of mass,
form, scale, color, materials, textures and architectural
style, with existing historically significant buildings.
Design Policy #4.ln order to maintain the rural character of the area, the
City will promote single-story structures in theNational
Register Historic District. A combination of one and
two-story structures will be allowed outside the National
Reg ister H istoric D istri ct, however, two-sto ry stru ctu res
shall comprise no more than one{hird of the total
number of new structures.
Design Policy #5.The City will assure that the roof form (hip, shed, gable,
etc.) of new structures will be compatible with existing
historically significant structures.
l7 lP age
Design Policy#6.The City wi I I encou rage pedestrian-scaled architectural
features including overhanging eaves, and arcades.
Design Policy #7.The City will promote architectural details consistent
with the d etails of historical ly-si gnificant structures.
Design Policy#8.The Citywill encourage the proportions (scale, balance,
etc.) of new windows and doors to conform with those
of historically-significant structures.
Design Policy #9.The City will discourage the relocation of otheruvise
historic significant structures from outside the Specific
Plan area to the National Register Historic District in
order to preserve the historic integrity of that District.
However, the City may allow the relocation of such
structures to the National Register Historic Districtwhich
are in danger of imminent demolition and subject to
State (OHP) review and/or consultation.
Design Policy#10.With the exception of the on-street parkinq permitted
alonq Paseo Adelanto. tThe City will encourage off-street
parking as opposed to on-street parking in the Historic
District. Off-street parking and garages should be sited so that
they are not within direct view of public rights-of-way, and
should be compatible in terms of scale and materials, with the
rural character of the historic District.
Design Policy#11.Within the National Register Historic District, the City
will require new development (within the Specific Plan
area but outside the National Historic District) to be
served with under-ground utilities to provide a clear
contrast with the historical context and integrity of the
National Register Historic District.
D. HOUSING ELEMENT
1. Housing Policies. Residential properties within the Los Rios area include both tenant and
owner-occupied properties. When the Specific Plan was originally adopted, the City
sought to pursue two broad goals for the Specific Plan District, preserve and rehabilitate
existing housing and construct new housing in the Little Hollywood neighborhood
affordable to lower income households, and provide programs and incentives to rehabilitate
other residential structures in the District. The Specific Plan's goal of historic preservation
and maintaining the rural character of the Los Rios area limits the potential for creating new
affordable housing. Development standards which limit residential development to four (4)
dwelling units per acre, and single family detached and duplex housing severely constrain
the potential for cost-effective affordable housing. The Agency establishes the following
housing policies for the Specific Plan Area.
lSlPage
Housing Policy #1: The Agency will administer all applicable housing programs
for qualifying households and properties in the Los Rios
District including but not limited to the Single Family
Rehabilitation Program, the Section I Rental Voucher
Program, the Section 8 Rental Certificates Program, the
Mortgage Credit Certificate Program, and the First-time
Homebuyers Program.
Housing Policy #2: The Agency will grant funding priority to qualifying households
occupying historic structures over those qualifying
households occupying non-historic structures for the Single
Family Rehabilitation Program.
Housing Policy #3: The Agency should consider partnering with a non-profit
housing corporation to manage the property or should solicit
a non-profit housing group to retain ownership and/or
stewardship of the Little Hollywood area.
Housing Policy #4:The City will limit the total number of affordable residences in
the Little Hollywood area to fourteen (1a). The Citywillretain
the ability to construct ten (10) new affordable housing units
in the Little Hollywood neighborhood fora totalof twenty-four
(24) residences with a combination of detached and duplex
structures with a gross density of four dwelling units per acre.
However, prior to proceeding with the development of any
additional dwelling units, the City must exhaust all available
opportunities to develop such housing outside the Specific
Plan District.
Housing Policy #5: The Agency will limit new affordable home construction within
the Los Rios Specific Plan area to the Little Hollywood
neighborhood.
Housing Policy #6: New home construction in the Little Hollywood area may
include a combination of three bedroom, single-family
detached homes no largerthan one-thousand (1000)square
feet, and two bedroom duplexes no larger than seven-
hundred and fifty (750) square feet, fifteen-hundred (1,500)
square feet combined, consistent with the development
standards of the "LDR" (Low Density Residential) District.
2. Little Hollywood Neighborhood. The Little Hollywood neighborhood consists of 5.85
acres situated in the northwest corner of the Specific Plan area, and is comprised of three
legal parcels originally owned by the Robert Peniado Estate and William Jimenez Estate.
The City purchased the property in 1981 and 1983, using Community Development Block
19lPage
Grant (CDBG) funds, for the purpose of preserving and rehabilitating the original thirteen
structures at a cost of $785,336.
The area is improved with thirteen (13) single family detached residences which the
Agency presently leases to qualifying low-income and very-low income families and
households. The properties were purchased with 5th year (FY 1979-1980) and 6th year
(1980-1981 ) Community Development Block Grant Funds secured through the County of
Orange Housing Office. Under contracts executed with the County of Orange on behalf of
the Federal Department of Housing & Urban Development (HUD), the Agency is legally
obligated to implement the Specific Plan's objectives to rehabilitate or reconstruct the
existing thirteen residential units.
3. Community Redevelopment Agency: The Los Rios Specific Plan area is wholly situated
within the Community Redevelopment Agency (CRA) project area which is managed by
the Agency Board of Directors (City Council). An important provision of CRA legislation
requires that 2Oo/o of the tax increment collected be deposited into a "housing set-aside"
fund to finance affordable housing programs in the Agency. Annually, the Agency's
"housing set-aside" fund collects roughly $500,000. Last year, the Agency updated the
Five Year CRA lmplementation Plan. That Plan highlights the fact that the Agency is
obligated, under State legislation, to provide or assure the provision of affordable housing,
within or outside the CRA project area.
4. Financial lncentives. Several programs exist which provide financial incentives to
rehabilitate and maintain historic structures including the investment tax credit, and the
Mills Act.
a lnvestment Tax Credit. The Federal Government's Tax Reform Act of 1986
establishes the basis for this program which provides tax credits to property owners
to improvement structures within designated historic districts. ln order to qualify for
this program, the Los Rios Street District must be certified and placed in the
National Register of Historic Places.
h Mills Act. Under California Government Code Section 50280 et seq. (known as "the
Mills Act"), the City is authorized to enter into contracts with the owners of qualified
historical properties to provide for the appropriate use, maintenance, and
rehabilitation so that such properties retain their historic characteristics. Qualifying
properties include those listed on the National Register of Historic PlacesiSites;the
State Register; or the City's lnventory of Historic and Cultural Landmarks (IHCL).
As an incentive to entering into the contract, the provisions of the Act allow the
County Tax Assessor to assess the property at a reduced value. ln return, the Act
requires homeowners to enter into a minimum ten (10) year contract with the City.
20lP age
PART 3, SPECIFIC PLAN REGULATIONS
A. GENERAL DISTRICT REGULATIONS
Part Three establishes the land use and development standards through district regulations
to regulate development within the Los Rios area. Part Three is integral to the entire Los
Rios Specific Plan and serves as an important mechanism to implement the goals and
policies of the Specific Plan. Base Districts are depicted on the map entitled "Los Rios
Specific Plan Official Land Use Map". The Los Rios Historic District is comprised of both
base zone districts and overlay districts. The Specific Plan establishes the following base
districts:
Low Density Office (LDO)
Low Density Commercial (LDC)
Park (P)
Historic Commercial (HC)
Historic Residential (HR)
Low Density Residential (LDR)
Open Space (OS)
1. Environmental Overlay Districts. The Environmental Overlay Districts are the same as
noted in Article 5 of Title 9 of the Municipal Code and shown on the Official Zoning Map. ln
addition to the base districts established above the Floodplain Management Overlay
District (FMOD) applies to the Los Rios Historic District.l
2. Supplementary District Regulations. Unless othenruise provided for in the Specific
Plan, Supplementary District Regulations shall be as established by Title 9, Land Use
Code of the Municipal Code.1
3. District Boundaries. Where uncertainty exists as to the boundaries of base districts as
shown on the Official Land Use Map, the following rules shallapply:
Boundaries indicated as approximately following the center lines of streets,
highways or alleys shall be constructed to follow such center lines.
Boundaries indicated as approximately following plotted lot lines shall be
construed as following such lot lines.
Boundaries indicated as approximatelyfollowing Specific Plan limits shallbe
construed as following such Specific Plan limits.
Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks.
Where physical or cultural features existing on the ground are at variance
with those shown on the official Land Use Map, or in othercircumstances not
covered by paragraph D-1 through D-4 preceding, the Planning Commission
shall interpret the district boundaries.
1 This section is not aoolicable to the Comm
a.
b.
c.
d.
e.
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ercial Core Plannino Area: See Aooendix A.
4. Review of Unlisted Uses. The Planning Director shall have the authority and
responsibility to review uses not listed in Base District Regulations. A proposed unlisted
use shall be permitted as a principal or conditional use within a base district if the Planning
Director determines that said use falls within the purpose and intent of that base district, is
of a comparable nature to the principal or conditional uses specified as permitted in the
base district, and will not be detrimental to the property in the vicinity of said use.
5. Definitions. For the purpose of this Specific Plan, certain terms are defined in accordance
with the definitions of Title 9 of the Municipal Code. Those definitions are hereby
incorporated within and made a part of this Specific Plan.l
B. BASE DISTRICT REGULATIONS
1. Low Density Office (LDO) District.
a.Purpose and intent: To provide for low intensity commercial office uses that
are compatible with the rural character of the Los Rios area and will not alter
the existing topography.
b. Principal Uses Permitted
Medical or dental offices.
Generaloffice uses such as business, professional, realestate, travel
agencies and similar office uses, including banks, savings and loan
associations or credit unions.
The retail sale of apparel, fabrics, dry goods, ornamental plants,
flowers, candy, baked goods, hobby supplies, arts and crafts supplies,
photography supplies, stationery, newspapers and magazines, meats,
groceries, pharmaceutical, cosmetics, notions, jewelry, computers,
video/audio media and similar retail sales activities, and similar items
which require small-scale retail outlets. (The cumulative totalof these
uses shall not exceed 4,500 square feet, and any single retail tenant
shall not exceed 1,500 square feet.)
Small-scale service uses, including barber shops, beauty shops, tailor
shops, photography studios, watch repair shops, ticket agencies and
locksmith shops.
Small-scale eating and drinking establishments (except drive-in or
drive-thru facilities), ice cream parlors, delicatessens, etc. where it can
be demonstrated that the proposed use will not generate large
volumes of vehicular traffic which would create traffic safety problems.
22lP age
1
2
3
4.
5.
c. Conditional Uses Permitted:
3.
Public and semi-public buildings, services and facilities, including
museums, libraries, government buildings, parks, public utility offices
and exchanges, information centers and churches.
Business, vocational and professional schools not requiring outdoor
facilities, (e.g. secretarial, art, dance, drama, music, barber/beauty),
but excluding swimming schools, pre-schools and public or private
primary/secondary schools.
Any use permitted by subsection 8.1.b.3 where the proposed use
would exceed either a cumulative area of 4,500 square feet or 1,500
square feet for any single tenant.
d.
Minimum lot size:
Minimum frontage:
Minimum frontyard setback
15,000 square feet.
60 feet
(one-story): I feet
(two-story): 15 feet
8 ft. one side & 18 ft. total
10 feet
25 feet
40o/o f|,oor area ratio
n.a.
Minimum sideyard setback:
Minimum rearyard setback:
Maximum building height:
Maximum building area:
Minimum open area:
1
2
Development Standards: Structures, permanent or temporary, shall be
designed and sited consistentwith the Site Design Standards of this Specific
Plan and comply with the following:
1.
2.
3.
4.
5.
6.
7.
8.
1
e.Access and Parking
All permanent access to the property will be either from Los Rios
Street or Paseo Adelanto.
2 Parking requirements shall be per Section 9-3.602, Off-street Parking
of the Municipal Code.
f. Development Processing
Development shall be master planned as a whole even though
construction may be phased
Any proposed structure, commercial or non-commercial, requiring a
building permit, shall be subject to the Development Review
Procedures of Part 4 of this Specific Plan.
1
2
23lP age
Supplementary District Regulations: Unless specified othenruise, structures
and uses will be required to meet all applicable development standards of
Title 9, Article 6, Supplementary District Regulations of the Municipal Code.
2. Low Density Gommercial (LDG) District.
Purpose and intent: To provide for low intensity commercial uses within the
Commercial Core Planninq Area that reinforce the rural character of the Los
Rios area i+e
. Please refer to Apoendix A for
permitted uses. development standards, and desiqn quidelines applicable
within the LDC District.
1, Retail sales and sterage ef plants' trees; shrubs and ether nursery
temperary epen air stands; arts and erafts display and sales; eutdeer
€eFaffiics:
ing
wh€+esal€.+u+seqÊ
1, The keepin€¡ef herses; eernmereialer nen eemmereial; as setferth in
Seetien I 3,620 ef the Munieipal Cede' previded the density dees net
exeeed sixherses per aereand a live in earetalçer resides en the site,
d Develepment Standards, Struetures; permanent er temperary; shall be
in+
1, Minimurnlet size: 30;000 square feet
Minimum frentyard setbaek: (ene stery): I feet
/+..,^^+^..,\. 4Ãfaa{
g.
a.
\w77i
3, Maximum building height: 22 feet; er 30 feet with 1 ft,
24lP age
1 , All aeeess te the preperty will be either frem Pasee Adelante; er River
Street as depieted en the Cireulatien Plan ef the tes Ries Speeifie
Plan,
+gunieipa+Cede,
in+
1, Develepment shall be master planned and designed as a whele even
irins_a
ie¡t¡#
Preeedures ef Part 4 ef this Speeifie Plan,
C, Supplementary Dl
Title 9, r\rtiele ê Supplementary Ðistriet Regulatiens ef theMunieipal Gede,
3. Park (P) District
Purpose and lntent: To provide for a public park and related public and
cultural uses; to serve the neighborhood and downtown area.
Principal uses permitted:
Restricted public and cultural uses such as playhouse, theater,
museums, civic organization or historical society offices, historical
educational facilities, tourist information, etc. Excluded are
government offices, public utility offices, public or private schools,
police stations, fire stations and hospitals.
c.Development Standards. Structures, permanent or temporary, shall be
designed and sited consistent with the Architectural Design Guidelines and
Site Design Standards of this Specific Plan. Maximum building height,
minimum setbacks, maximum building area, and minimum open area
restrictions will be developed as part of the development review process.
Development Processing. Any proposed structure, commercial or non-
commercial, requiring a building permit, shall be subject to the Development
Review Procedures of Part 4 of this Specific Plan.
Su pplementary District Regulations. U n less specified othenruise, structu res
and uses will be required to meet all applicable development standards of
Title 9, Article 6, Supplementary District Regulations of the Municipal Code.
a.
b.
1
d.
e.
25lP age
4. Historic Commerc¡al (HC) District
Purpose and lntent: To provide for low intensity commercial uses that
reinforce the rural and historic character of the Los Rios area.
Principal Uses Permitted
Retailsales:a. and storage of plants and other nursery items;
b. farmers' market items, such as fruits, vegetables and flowers,
provided they are grown on the site;c. paintings, jewelry, leather goods, pottery and similar items,
provided they are crafted on the site.
Non-retail uses such as greenhouse, crop and tree farming and
wholesale nursery.
Equestrian-oriented uses and activities, such as feed store and
saddlery shop.
Park and recreational uses that are passive in nature, such as
picnicking, arts and craft workshops, outdoor cultural performances.
c. Conditional Uses and Structures
a.
b.
1
2
3
4
1
2
Smallanimal raising, non-commercial, in conjunction with a principally
permitted use and limited to small domesticated species, such as
sheep, rabbits, chickens and animals of similar size. Animal
slaughtering or commercial animal raising or breeding shall be
prohibited.
The keeping of horses, commercial or non-commercial, as setforth in
Section 9-3.620 of the Municipal Code, provided the density does not
exceed six horses per acre and a live-in caretaker resides on site.
Development Standards: Structures, permanent or temporary, shall be
designed and sited consistent with the Site Design Standards of this Specific
Plan and comply with the following:
d.
26lP age
1
2
3
4
5
6
Minimum lot size:
Minimum frontage:
Minimum frontyard setback
Minimum sideyard setback:
Minimum rearyard setback:
Maximum building height:
15,000 square feet.
60 feet.
(one-story) 10 feet.
(two-story) 20 feet.
8 feet one side & 18 feet total
20 feet.
15 feet.
Los Rios Specific Plan Citv of San Juan Capistrano
Maximum building area
Minimum open area:9oo/o
e.Development Processing. Any proposed structure, commercial or non-
commercial, requiring a building permit, shall be subject to the Development
Review Procedures of Part 4 of this Specific Plan.
Supplementary District Regulations. U nless specified othenruise, structu res
and uses will be required to meet all applicable development standards of
Title 9, Article 6, Supplementary District Regulations of the Municipal Code.
5. Historical Residential (HR) District.
Purpose and lntent. To maintain the existing historic, residentialcharacterof
Los Rios Street while allowing accessory, pedestrian-oriented retail and
service uses in conjunction with residentialoccupancy.
Residential occupancy shall be defined as occupancy of a
residence for principal residential use by a household, or by
the property owner, tenant, or business manager who have
direct management authority over any commercial use of the
residence. Residential use and commercial use within the
same residence shall not be conducted independent of one
another. Residential use shall be defined to include a
bedroom, bathroom with bathing or shower facilities, and a
living room with complete food storage (refrigerator) and food
preparation facilities (stove) independent of the commercial
use.
b. Principal permitted uses
1. Single-familyDwelling,detached
Accessory uses. The following accessory commercial uses shall be
permitted in conjunction with residential occupancy, as defined in the
purpose and intent statement, but shall comprise less than 50% of the
building area, and less than 50% of the lot area:
Retail sale of artwork, photography, wine (including wine tasting),
antiques, curios, gifts, novelties, books, jewelry, leathergoods, pottery
and similar items.
Small-scale finishing orworking of such materials as leather, pottery,
jewelry and similar items
Retail sale of apparel, fabrics, dry goods, ornamental plants, flowers,
candy, baked goods, hobby supplies, art and craft supplies,
nla7.
8.
f.
a.
c.
1
2.
3.
27 lP age
d.
e.
f.
Conditional uses
1
4.
5.
6.
1.
2.
3.
4.
5.
6.
7.
8.
9.
photography supplies, stationery, newspapers, magazines and similar
items.
Small-scale service uses including barber shops, beauty shops, tailor
shops, photography studios, watch repair shops, ticket agencies and
locksmith shops.
Food-related establishments including sale of baked goods and/or
cooked foods, canned foods, dried fruits, fruits, produce, nuts,
cheese, coffee, juices, and similar items.
Professional offices such as architect, engineer, designer, attorney,
etc.
Public and cultural uses such as museums, galleries, civic
organization or historical society offices, historic educational facilities,
tourist information, and similar uses. However, government offices,
public utility offices, public or private schools, police stations, fire
stations and hospitals are prohibited.
Legal non-conforming uses: Such uses shall comply with the provisions of
Title 9, Article 3, Nonconforming Uses, Lots, and Structures, provided
however, that any extension of restricted operating hours of a legal, non-
conforming use shall be permitted subject to review and approval by the City
Council.
Development requirements. Structures, permanent or temporary, shall be
designed and sited consistent with the Site Design Standards of this Specific
Plan and shall comply with the following:
Minimum lot size: 7,500 square feet
Minimum frontage: 50 feet
Minimum frontyard setback: (one-story): 10 feet
(two-story): 15 feet
Minimum sideyard setback: 8 ft. one side & 18 ft. total
Minimum rearyard setback: 15 feet
Maximum building height: 18 feet or the height of adjoining
residence(s)
Maximum building area: n.a.
Minimum open area: 50o/o
Structures, historical or non-historical, shall be prohibited from
relocation to any part of the "HR" (Historic Residential) District, in
order to preserve the integrity of the Los Rios National Register
Historic District.- except as set forth in Section 3.C.5 of this plan.
Parking. Accessory commercial development which occupies not more than
250 square feet or an existing single room of a principal residential structure
g.
2SlPage
shall not be required to provide off-street parking for the accessory
commercial use. Accessory commercial development which exceeds these
limits shall be required to comply with the standards of Section 9-3.
Development Processing. Any proposed structure, commercial or non-
commercial, requiring a building permit, shall be subject to the Development
Review Procedures of Part 4 of this Specific Plan.
Su pplementary District Regu lations. U n less specified otheruvise, structu res
and uses will be required to meet all applicable development standards of
Title 9, Article 6, Supplementary District Regulations of the Municipal Code.
6. Low Density Residential (LDR) District.
Purpose and lntent. To provide for the development of new residential
dwellings and the rehabilitation of existing residential dwellings within the Los
Rios Specific Plan District. The development of new, affordable sale/rental
dwellings in combination with rehabilitated existing units shall be encouraged
for that portion of the District designated "Planned Housing" (Little
Hollywood).
b. Principal permitted uses:
Single-family Dwelling, detached.
Two-family dwelling, attached, on a single lot or on each of two lots.
Open Space Subdivisions per Section 9-3.424 of the Land Use Code.
Development Standards. Structures, permanent or temporary, shall be
designed and sited consistent with the Architectural Design Guidelines and
the Site Design Standards of this Specific Plan and shall comply with the
following:
Minimum lot size: 10,000 square feet
Minimum frontage: 60 feet
Minimum frontyard setback: (one-story): 15 feet
(two-story): 30 feet
Minimum sideyard setback: I ft. one side & 18 ft. total.
Minimum rearyard setback: 2Ofeet
Maximum building height: 18 feet
Maximum building area: n.a.
Minimum open area: 70o/o
Structures, historicalor non-historical, may be relocated to the District
based on findings that such structures comply with the Architectural
Design Guidelines of this Plan.
h.
t.
a.
1
2
3
c.
1.
2.
3.
4.
5.
o.
7.
8.
9.
29lP age
Development Processing. Any proposed structure, commercial or non-
commercial, requiring a building permit, shall be subject to the Development
Review Procedures of Part 4 of this Specific Plan.
Su pplementary District Regu lations. U n less specified othenruise, structu res
and uses will be required to meet all applicable development standards of
Title 9, Article 6, Supplementary District Regulations of the Municipal Code.
7. Open Space (OS) District.
Purpose and lntent. To maintain the open, rural character of the land
adjacent to the Santa Fe Railroad right-of-way along Los Rios Street.
Principal uses permitted: Open space uses, public or private, which
emphasize the use of land with no building development such as public or
private parks or landscape buffer areas.
Development processing. Any site improvements shall be subject to the
Development Review Procedures of Part 4 of this Specific Plan.
Su pplementary District Regulations. U n less specified otherwise, structures
and uses will be required to meet all applicable development standards of
Title 9, Article 6, Supplementary District Regulations of the Municipal Code.
C. ARCHITECTURAL DESIGN GUIDELINES
Los Rios Street comprises one of the finest examples of an historic, semi-rural
environment in Southern California. A number of factors make it so. Many of the current
residents of the Los Rios area are direct descendants of the earliest Mexican and lndian
families who resided on the street, and its current residents have lived in the area for many
years. The street is one of the oldest remaining residential streets in California dating back
lo 1794.
The District is home to several regionally noteworthy structures, including the Montanez,
Rios, and Silvas Adobes (all c. 1794), the Pryor Victorian (c. 1870), the Combs board and
batten (c. 1870), and significant natural elements including the Rios Olive and Pepper
trees. There are numerous authentic board and batten dwellings typical of simple turn of
the century wood-frame residences, and a wide variety of natural trees and plants. The
remaining structures, while of a later period or altered from their original constructions, are
of the same scale and contribute to the overall architectural and environmental character of
the street. The basic preservation objectives of the Los,Rios Specific Plan are to:
d.
e.
a.
b.
c.
d.
30lPage
Preserve the integrity of the Los Rios National Register Historic District.
Preserve the physical elements, including structures and landscaping, and
character of the Specific Plan District, while allowing them to adapt and
accommodate new uses.
Protect and enhance the rural atmosphere of the Specific Plan District that
has prevailed in the midst of rapid surrounding urbanization.
Encourage restoration and rehabilitation of structures within the Specific Plan
District.
Within the Los Rios Specific Plan District, the City has established the Los Rios Historic
District and identified historically significant structures (those structures which are listed
individually on the National Register or on the City's lnventory of Historic & Cultural
Landmarks). ln order to accomplish the preservation objectives, all developmentwithin the
Los Rios Specific Plan District shall comply with the following development standards:
1. Historically Significant lndividual Structures: These are structures listed individually
on the National Register of Historic Places/Sites or on the Citys lnventory of Historic &
Cultural Landmarks (e.9. Montanez Adobe, Rios Adobe, Silvas Adobe, Pryor Victorian,
Buddy Forster Victorian, and the English/ Hardy House).
a.Demolition, relocation, or removal of any building, structure, improvement,
or significant Native California landscaping (e.9. specimen trees, etc.) on
property designated as a National Register Historic Site/Place and
individually on the City's lnventory of Historic & Cultural Landmarks (IHCL)
shall be prohibited.
Reconstruction and/or select demolition may be permitted if the City
determines that it is the onlyfeasible alternative. As part of the public review
process, the City will require and evaluate a building condition assessment
prepared by a certified building inspector.
c.Reconstruction shall include construction details and finishes which
conform to the original building condition to the extent possible and the
colors (earthtones), textures (rough, hand-crafted) and materials (adobe,
wood, wrought iron, etc.).
Additions to historically significant individual structures shall be prohibited
Commercial use or combined commercial/residential use of a structure shall
not be permitted unless the exterior appearance of the entire structure has
been restored with authentic materials and finishes based on documented
research of the structure.
31 lPage
I
I
b.
d.
e.
2. Original Buildings with Authentic Finishes and Details: These structures contribute
to the integrity of the Los Rios National Register Historic District but are not individually
significant. These structures include those which were part of the original application for
listing on the National Register Historic District (e.9. Combs House, Ramos House, Labat
House, Olivares House, etc.). These structures reflect original construction with authentic
finishes and details (e.9. clapboard siding, board and batten siding, wood shingle or tar
paper roofing, simple wood cornices, wooden window/door frames, small window panes,
wrought iron hardware, etc.)
a.Any rehabilitation or repair work to the exterior of these structures shall be
consistent with the architecture, mass, building materials, and color of the
original structure. Portions of structures judged to be unsafe in accordance
with the provisions of the Historic Building Code (HBC) may be demolished,
removed, rehabilitated or replaced, as determined appropriate by the City.
Reconstruction and/or additions shall include construction details and
finishes which conform to the original building condition to the extent
possible and the colors (earthtones), textures (rough, hand-crafted) and
materials (adobe, wood, wrought iron, etc.). Figure 3 graphically depicts
additions. The City will encourage detached buildings as opposed to
additions to historic structures. Additions or alterations are permitted as
follows:
No additions to building front.
Side additions not to exceed 25o/o of existing floor area.
Additions to the rear of structures within projections of the
existing sidewalls shall be restricted to 100% of existing floor
area.
3. Significantly Altered Original Structures: These structures, located within the Specific
Plan District, are those with unauthentic modifications such as unsound shed additions
with asphalt or asbestos siding, stucco or block, aluminum or sheet metal products,
modern fixtures and hardware, etc.
a.Commercial use or combined commercial/residential use of a structure shall
not be permitted unless the exterior appearance of the entire structure has
been restored with authentic materials and finishes. Restoration plans shall
be based on thorough research of the structure.
I A.. New Construction (Other than Commercial Core): New construction (structures or
additions) shall be architecturally compatible, in terms of design, mass, and materials,
with existing
b.
32lP age
historically significant structures within the National Register Historic District. The
City encourages wood-frame structures with authentic details and finishes.
5. Relocated Buildings: Relocation of structures to or from the National Register Historic
District (NRHD) shall be prohibited. Structures relocated to or from the Los Rios Specific
Plan District, outside the NRHD, will comply with the following standards:
a.Structures relocated to or from the Los Rios Specific Plan District, outside
the NRHD, will comply with the following standards:
Structures relocated to the District must be historically and/or
architecturally significant as evidenced by listing on the City's
lnventory of Historic & Cultural Landmarks (IHCL).
Structures relocated to the District must be architecturally compatible
with contributing structures of the District based on building mass and
architectural style, recognizing that California adobe, Victorian, and
vernacular board & batten structures are common styles characteristic
of the District.
33 lPage
n
or¡glnal
floor
ar?a
type
TYPICAL SIDE ADDITIONS
gable type
shed type
gable type
Irolrtdoot
shed
orlginal
floor
afea
shed
TYPICAL REAR ADDITIONS
gable type
shed lype
lronl
door
type
. additions will be
limited to the side
or rsar of existlng
structures & will not
exceed 25/" ot lhe
existing floor area.
. roofs will be shed
or gable & made of
wood shingles or
tar paper.
- windows & doors
will be in similar
proportion & design
to existing.
. siding will be of
wood clapboardsor board and
batten.
FIGURE : Addition Standar
TO5 PRECISE PLAN
34lPage
Structures must comply with all development standards of the zone
district related to setbacks, building height, building coverage, and
open area.
b Structures shall only be allowed to be relocated to the Historic Residential
(HR) Zone and the National Register Historic District for public/museum
purposes related to the history of the San Juan Capistrano area and must
comply with the following:
Relocated structures must meet applicable setbacks, open space,
landscaping, disabled parking and accessibility as required by the Los
Rios Specific Plan, as it may be amended from time to time and other
applicable requirements.
il.Relocated structures must be set back from Los Rios Street to the
maximum extent possible while still complying with other required
building setbacks.
Any modifications to relocated historicstructures shall complywith the
Secretary of lnterior Standards for the treatment of Historic
Properties.
tv.Any modifications to relocated historic structures shall comply with
authentic materials, finishes as described for the district's
"contributing structures," as set for this Part 3, C.2.
Prior to issuance of any certificate of occupancy or final inspection a
relocated structure must include a permanent brass marker plaque
providing a brief history of the structure, original location, and date of
relocation subject to review and approval by the Cultural Heritage
Commission.
vi. Any such applications shall comply with the Los Rios Specific Plan,
Title 9 and any other applicable requirements.
6. Commercial Build nos: Architectural desion ouidelines for build inos located within the
V
Commercial Core Plannino Area I be as set forth within Aooendix A
+.LFencesandWalls:Historically,adobewallsandpicketfenceshavebeenused
to separate public from private spaces and to divide adjoining uses.
a.Materials and design for fences and walls will be architecturally compatible
with the principal structure(s) (e.g. a wood fence should be used with wood
structures, and an adobe wall should be used for adobe structures).
35lPage
n
All fences in the Historic District will be of basic design and will not exceed
four feet (4'-0") in height.
Any acoustic wall or protection along the westerly edge of the railroad shall
incorporate height, design, and materials compatible with the Historic
District.
TLAccessorystructures:AccessorystructureswithintheSpecificPlanDistrictwiIl
comply with the following standards:
Accessory structures within the National Register Historic District shall be
sited in the rear yard so as not to diminish the historic character or visual
integrity of the District.
Detached and attached garages shall be prohibited within the National
Register Historic District on properties with Historically Significant lndividual
Structures or Original Buildings with Authentic Finishes and Details.
c. Attached garages are prohibited within the Specific Plan District
The elements of landscaping, signage and street hardware shall be incorporated into
development projects as a means of integrating the Los Rios Historic Districtwith Camino
Capistrano and the Mission; separating and distinguishing public areas from residential
areas; maintaining and augmenting the existing and historic character of the area;
providing new elements for community use, safety and comfort; and guiding the pedestrian
through public areas.
1. Landscape Design Goals & Standards. The existing natural landscape,
including the trees, shrubs and decorative planting within the Los Rios Specific Plan
area, play as important role in defining the unique character of the area as do the
buildings and streets. The landscape is characterized by a rich diversity of plant
types, some of which are native to the area. Trees common to the area include:
Sycamore, Oak, Olive, Pepper, Palm, figs, Apple, Pear, and Apricot. The shrubs
include many decorative such as bougainvillea, azaleas and camellias which grow
easily in the area. The landscape concept for the Los Rios Specific Plan is based
on the following goals:
a. The City will seek the preservation of the existing, significant natural growth,
to the maximum extent possible, with emphasis on existing mature,
specimen trees.
The City will allow the introduction of new landscaping to accomplish specific
design objectives such as screening undesirable views, highlighting
important views, defining public paths, and creating small-scale spaces.
The City will promote the use of plants common to the Los Rios area to
accomplish these design objectives, with a particular emphasis on the use of
b.
c.
a.
b.
b.
c.
36lPage
d.
native California plants indigenous to the area. The use of exotics (non-
natives) will be discouraged.
The City will promote the use of plants that will provide texture, form and
color to the District with emphasis on the use of drought-tolerant (water-
conserving) and low maintenance plant stock.
The City establishes the following landscape design standards for the Los Rios
Specific Plan District:
a Screening: The existing natural landscape and new landscape treatments
will provide visual and acoustical buffers as well as physical barriers to
pedestrian movement. They provide privacy for residents and separation for
incompatible land uses. Landscaped buffers can serve as a backdrop for
structures or to accent other landscaping. Several areas within the Los Rios
Specific Plan require screening and separation:
Between the Little Hollywood neighborhood and the Capistrano Villas,
an intensive residential area of completely different scale and
character.
Between park and residential uses along Los Rios Street and the
residential development in Little Hollywood.
iii. Between the relocated Pryor House and residences on Los Rios
Street to the south.
+ü-.iv. Between the Com
located to the east, a lono Los Rios Street
b.Define Landscape Theme: The Entry Plaza from Verdugo Street and the
new access road (Paseo Adelanto) from Del Obispo Street will serve as the
two main entries to the District. Through the use of low trees and shrubs,
decorative plantings and ground cover, these two main entrances will be
defined.
Entry Plaza: The landscape theme should serve to reinforce the
connection between Mission San Juan Capistrano and the Los Rios
area.
ii. New Access Road (Paseo Adelanto extension): Landscape elements
should highlight the entry to the road to the park and be consistent
with the requirements of the City's Street Tree Master Plan.
Highlight Views: Landscaping shall be used to frame and direct views from
the site to the surrounding hills and to the park from Del Obispo Street. The
historical character of the site will be reinforced by framing views consistent
c
37 lP age
Los Rios Specific Plan Citv of San Juan Capistrano
with this character and screening those views which are not, such as the
surrounding tract housing. The view to the west is accentuated byirregular
clusters of talltrees. Shrubs will be planted to screen unattractive views of the flood
control channel.
Define Movement and Activity: Landscaping will identify entries and paths
for the pedestrian movement system. Landscaping will modulate spaces and
define intersections, walkways, paths, plazas and courts and will add interest
to the pedestrian experience.
e Create Small Scale Places: Landscaping will be used to createpedestrian-
scaled areas. The placement of new landscaping among existing trees and
shrubbery will define the edges of spaces and create a sense of enclosure.
Accent or specimen landscaping within larger spaces will give scale and
orientation to the pedestrian. Landscape elements will also be used to
reduce large open areas such as parking lots. Trees and shrubs control
natural light, add variety and color to spaces and provide shade.
Create Entries to Residential Areas: Landscaping will be coordinated with
certain street improvements to define entries into the Los Rios residential
areas. Ground cover, low shrubbery and decorative will create attractive
entrances compatible with the rural character of the area.
Landscape Treatment for Los Rios StreeVRailroad Edge: Low ground cover
and shrubbery will be planted where the Santa Fe railroad tracks form the
eastern boundary of Los Rios Street. The proposed landscape treatment will
provide a partial visual and acoustical screen for residents.
2 Signs and Graphics Goals & Design Standards. Control of signagewithin the Los
Rios Specific Plan area will be important to maintaining the existing, historic
character of the area. Through City establishes the following objectives:
a. To be consistent with the special environmental "vocabulary" of the Los Rios
community relative to its Early California heritage and semi-rural character.
To avoid clutter and competition with unique features and site views andto
reinforce the image and identity of the area as a focus of the City.
To provide for clear, easily-readable identification of public areas, so as to
clearly distinguish private residential areas, specialized areas and landmarks
from one another.
d. To reinforce pedestrian scale and orientation and application of thedistrict
All signs are to be integrated, whether for business identification or regulatory
purposes, into the architecture of the building, plaza or landscape. Signs should be
pedestrian-oriented and placed at or near eye level. Sign regulations applicablet¡fe
Commercial Core Plannirn Area are sd fortr wiürin Appendix A Siqn rcqulatbns for all oher planninq
arcasare as follows:
d
f.
I
b.
c.
3SlPage
a Commercial Signs
Color: All signs shall be "Mission" colors (beige, brown, ochre) and
earthtones in conjunction with accent colors. Signs should
incorporate high contrast background color to maximize legibility and
minimize sign area.
Materials: Wood signs are encouraged, although wood texture, stone
and stucco are acceptable.
Architectural: All signs will conform in material and detailing to related
architecture of landscaping.
Scale: Signs must relate to pedestrian and semi-rural building scale
Location: Locate signs at either front or side elevations or property
lines and at points along pedestrian circulation systems but not to
obstruct views or block intersections. Multi-faced signs will be
allowed.
lllumination: lndirect or subdued lighting only, no internally illuminated
blinking orflashing signs are permitted. Allsign lighting to bedirected
away from view of residences and should incorporate glare shields as
appropriate.
vii. Turnoff: Lighted signs are to be turned off at 10:00 p.m
vilt Maximum Height: Encourage at or near 4'-0", but in no case above
building eaves.
tx.Maximum Area: Signs shall not exceed 12 square feet. The
appropriate size and area of sign will be based on the distance of the
surface from pedestrian view.
Maximum Number: One business sign per facade will be permitted.
Any deviation will require special written and graphic justification for
review by the Cultural Heritage Commission. All signs within the Los
Rios Historic District will require permits.
b. Directional Signs
Street and directional signs and locations (i.e. international symbol
signs, no entry, no parking, etc.) shall be consistent with the design
guidelines as set forth in subsection a. above.
¡i
IV
V.
VI
X
39lPage
The City will use special street signs such as "no through street", "no
on-street parking", "residents only" throughout the District to
discourage non-resident use of private streets and to minimize
automobile traffic.
At strategic locations, the City will allow orientation signs located to
direct tourists to landmarks, shops, services, etc. Temporarysigns for
special events, grand openings, etc. may be allowed for limited time
periods.
3 Streetscape Design Elements. A number of elements necessary for pedestrian
safety and comfort shall be introduced into the public areas (streets, plazas,
walkways, etc.). The elements are lighting, seating and picnic tables, trash
receptacles, fences and walls. They are described below:
a Lighting: The public spaces of the District shall be illuminated by a system of
lighting. All lighting fixtures will be simple and unobtrusive, constructed of
wood or wrought iron, and provide a warm, non-glaring level of light. Lighting
will serve a number of design objectives:
Create different levels of light intensity to accent or highlight important
structures, spaces or landscape elements (trees, fountains, sculpture,
etc.).
Define areas of public use and minimize glare into private residential
areas.
iii Create safe and secure pedestrian movement throughout the area
(parking lot, stairs, and intersections).
b.Seating: Benches should be placed along the pedestrian system at
intersections, at view corridors, within public outdoor spaces, and within
public parks and the entry plaza. Benches will be of a consistent simple
design and constructed of wood and metal.
c Trash Receptacles: Should be placed along the pedestrian paths and within
the public space to encourage the proper disposal of trash. These should be
a simple and unobtrusive as possible.
40lPage
Los Rios Specific Plan Citv of San Juan Capistrano
PART 4, DEVELOPMENT REVIEW
4.1, Review Procedures. All projects requiring land dêvelopment application discretionary
revlew rrrifh fha ovnonlinn nf fho Commercial Core Dlonninn Àraa shall be processed
pursuant to Article 3, Land Use and Development Review Procedures of the Land Use
Code. Discretionarv review of proiects within the Commercial Core Planninq Area shall
be undertaken consistent with Section 3 of the SPA document (Appendix A to this Specific
Plan).
4.2, Decision-making authority. All land development projects in the Los Rios Planning
Area, with the exception of the Commercial Core Planninq Area. shall be subject to the
review process established under Section 9-2.327, Historical and cultural landmark site
plan review and other applicable sections (e.9. Section 9-2.351 . Variances and exceptions),
except those projects which qualify for administrative approval by the Planning Director
pursuant to Section 9-2.303, Administrative Approvals of the Land Use Code. At least ten
(10) days prior to any administrative action, the Planning Director shall provide written
notice of the intent of such action to all adjacent property owners. Decision making
authoritv for the Commercial Core Planninq Area is stipulated within Section 3 of the SPA
lAooendix A to th is Soecific Plan)
4.3, Historic Building Code.
4.3.1 . Any proposal to rehabilitate, restore, or relocate buildings or structures listed as contributing
to the National Register Los Rios Historic District or listed individually on the City's
lnventory of Historic and Cultural Landmarks may use the State Historic Building Code.
l+.5.2. Any proposalto relocate a structure(s) to, from, orwithin the Los Rios Specific Plan Historic
District shall be subject to review by the Cultural Heritage Commission. The proposed
relocation site will comply with Secretary of the lnterior's "Guidelines for Moving Historic
Buildings" and the State Office of Historic Preservation's "Regulations for California Register
of Historical Resources."
4.4., Commercial Core Planning Area.
Discretionary review of the Commercial Core Planninq Area shall be undertaken
consistent with the requirements of the SPA (Apoendix A to this Specific Plan).
41 lPage
PART 5, IMPLEMENTATION
lmplementation of the Specific Plan will occur as the result of both public and private land
development decisions. Private proposals will be reviewed for consistencywith the specific
goals, policies, and objectives of the Specific Plan. The City has a significant role in terms
of constructing or overseeing the construction of public improvements (e.9. water, sewer,
drainage, parking), constructing affordable housing, and establishing a public park concept
for the "central park area." Public and private actions must be consistent with the design
character and environmental quality that are so important to accomplishing the objectives
of the Los Rios Specific Plan.
1. Housing Program
Pursue State Housing and Community Development (HCD),
Community Development Block Grant (CDBG), and similar funds for
new housing, site acquisition and public improvements.
b.Use the single-family rehabilitation program as a funding source for
restoring existing historic residences.
2. Street lmprovement Program
Design and construct the extension of Paseo Adelanto from Del
Obispo Street to Ramos Street.
Following construction of Paseo Adelanto extension, pursue design
and construction of public parking to serve the District.
Conduct periodic review (e.9. every three to five years) of the planned
circulation system in order to assure its effectiveness.
3. Public Park Program
Pursue funding of park improvements through private development in
the "central park atea."
b. Develop a Los Rios Park Master Plan including the location of
proposed park uses and activities, access, pedestrian circulation,
signage, and landscaping.
4.Commercial Core Planninq Area
lmplementation of the Commercial Core Planninq Area shall be solelv
throuqh Appendix A.
a.
4..
b.
c.
a.
42lP age
a.
Appendix A
River Street Marketplace Project:
Amendment to the Los Rios Specific Plan
River Street Marketplace Project:
Amendment to the
Los Rios Specific Pløn
September 20L9
l':
t, I:l
i,r
FRO NTIE R *r
appliedi;1 r; ; i1 i i;,-;REAL EslATÊ I NVeslMÊNTs
Table of Contents
SECTION1.SPAOVERVIEW
1.1, Background
1.2 SPA Purpose and Intent
1.3 Overview
1.4 Existing Land Uses
1.5 SPA Components..
1,-1
1.-1
1-3
1-3
1-5
SECTION 2 - DEVELOPMENT PLAN
2.1. ProjectSummary
2.2 Project Elements.
SECTION 3 . DEVELOPMENT REGULATIONS
..2-1
..2-1
3.1
3.2
J.J
3.4
3.5
3.6
5./
3.8
3,9
3.10
3.11,
3.12
Introduction 3-1
Commercial Core Standards
Landscape Concepts
J-J
3-6
3-8
3-8
Signage
Lighting
Mailboxes
Trash Receptacles and Enclosures ..3-8
..3-9
Los Rios Specific PIøn
2019 Amendment
Table of Contents
Pøge L
SECTION 4 - DESIGN GUIDELINES
4.1, Introduction ...............4-1
4.2 Architectural Context .,4-1,
4.3 Architectural Frinciples.
4.4 Design Objectives..
4.5 Architectural Style
4.6 Massing Principles
4.7 MaterialsandFinishes..................
.4-2
.4-3
.4-3
.4-5
.4-8
SECTION 5 - CONSISTENCY ANALYSIS
5.1 Introduction 5-1
LIST OF EXHIBITS
Grading Plan.2-2
Site Plan Concept 2-5
Mercantile Elevations 2-6
1,.1,-'t
1,.3-2
1,.4-1,
2.2-1,
2.2-2
2.2-3
2.2-4
2.2-5
2.2-6
2.2-7
2.2-8
2.2-9
2.2-10
2.2-11
2.2-12
2.2-I3
2.2-1,4
Greenhouse Elevations
Red Bam Elevations.
Farmstead Elevations
Workshop Elevations
2-8
2-9
Hay Loft Elevations
2-10
2-11,
2-12
2-1.4
2-16
Lighting Plan
Los Rios Specific Plan
201,9 Amendmsnt
Table of Contents
Pøge 2
LIST OF EXHIBITS (CONT'D)
Water Plan
Sewer Plan
Drainage Plan
Color & Materials Board
Plant Palette
Plant Palette
2.2-15
2.2-16
2.2-r7
4.5-1,
4.8-1.a
4.8-1b
2-21,
2-22
2-24
..4-4
4-L5
4-16
1.3-1
2.2-1
3.6-1
3.6-2
5.1-1
5.1-2
LIST OF TABLES
Commercial Core Land Use Type Summary..............
River Street Marketplace Conceptual Building Square Footages
Permitted Land Uses Within the Commercial Core Planning Area
Commercial Core Planning Area Development Standards
General Plan Consistency Analysis
Specific Plan Consistenry Analysis
ATTACHMENTS
A - Master Sign Program
1-3
2-3
3-4
..3-5
..5-1
5-38
Los Rios Specific PIan
20L9 Amendment
Table of Contents
Pøge 3
Section 1"
SPA Overview
Section 1"
SPA Overview
1.1 BACKGROUND
The Specific Plan Amendment Area is located within the previously-approved 4O-acrelos
Rios Specific Plan (Specific Plan) area, as presented at Figure 1.1-L. The Specific Plan was
originally approved on February 15,L978, and has been amended several times since. The
Specific Plan area contains structures of historical significance, and the Los Rios Specific
Plan was created in an effort to protect and preserve these resources.
I.2 SPA PURPOSE AND INTENT
This 20L9 Specific Plan Amendment (SPA) expands the uses allowed within the Low
Density Commercial (LDC) designation of the Los Rios Specific Plan through the creation a
new Commercial Core Planning Area (Planning Area). AIl LDC uses within the Los Rios
Specific Plan would be confined to this new Planning Area. Further, this document
provides the sole source of City regulations and guidelines for the development of the
Commercial Core Planning Area.
Rather than extensively amend and restructure the 1978 Specific Plan in total, this SPA is
provided as a free-standing Appendix to the Los Rios Specific Plan.In this format, this SPA
functions as an independent regulatory tool allowing the City to evaluate proposed land
uses and development within the Commercial Core Planning Area.
This SPA is a stand-alone planning document that preempts and replaces all of the
standards and procedures for review (without limitation) and other requirements of the
Municipal Code, except as otherwise expressly set forth herein. This SPA is intended to
fully occupy the field of zoning regulations applicable to the Commercial Core Planning
Area, and is intended to be interpreted liberally to effectuate purpose and intent.
Los Rios Specific PIan
2019 Amendment
SPA Oaeraiew
Page L-L
lltr.
SPAArea Boundary
ti
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t
Los Rios Specific Plan
Boundary
No
NOffO SCALE
Source: Los Rios Specific Plan; Google Earth; Applied Planning, lnc.
*
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Figure 1.1-1
Location Within the Los Rios Specific Plan Area
@ 201-9 Applied Planning, Inc.
Accordingly, i. order to encourage creativity in desigrL where specific development
criteria has been omitted with the Commercial Core Plaruring Area Development
Regulations, such omissions are intentional.
1.3 OVERVIEW
In total, the 5.86-acre Commercial Core Planning Area would allow the development of up
to 59,067 square feet of commercial and office uses. Table L.3-L provides a breakdown of
the allowable use types.
Table 1.3-1
Commercial Core Planning Area
Land Use
Figure L.3-2 illustrates the configuration of uses within the Planning Area.
1.4 EXISTING LAND USES
The Project site currently contains a plant nursery. Zoornars Petting Zoo is located to the
north of the Project site, across River Street. The Los Rios Historic District, which contains
buildings dating to back to the late 1.700s, is located along Los Rios Street northeasterly of
the Project site. To the east is the O'Neill Museum (San juan Capistrano Historical Society
headquarters), as well as a coffee shop, and residential uses. Office and commercial uses
are located southerly adjacent to the site, along Del Obispo Street. Paseo Adelanto borders
the site to the west, beyond which is Trabuco Creek and associated trail.
Los Rios Specifc PIan
201-9 Amendment
SPA Oaeraiew
Pøge 1--3
Size (Square Footase)Land Use
'1,4,738Quality Restaurant
13,251Retail
High Turnover (Sit Down) Restaurant '1,0,404
Office 9,693
2,366Market
5,225Fitness (i.e. yoga/cycle)
Other (storage, restrooms, circulation)3,390
Total 59,067
-_-l'ry*t*üt*:*tf{h årË*tt:Ü*ptsttt*ftãbÙoo Crsel 1r'llLos Rros StreelcôRiver Streetßiver Stfeet + Paseo AdalantoSan Juan Capistrano CASource: Bickel Group Arch¡tecture'cNOI TO SALEmE@L.ft?<-lappliedFigure t.3-2Land Use Configuration
@ 20L9 Applied Plønning,lnc.
1.5 SPA COMPONENTS
This SPA is organized into the following sections in addition to Section 1, SPA Overview.
Section 2: Development Plan
The Development Plan serves to acquaint the reader with the existing setting of the
Commercial Core Planning Area, a description of the proposed River Street Marketplace
Project, and information on the utility and infrastructure improvements to serve the SPA
area.
Section 3: Development Regulations
The Development Regulations specify the permitted uses and the standards regulating the
development of the Commercial Core Plaruring Area.
Section 4: Design Guidelines
The Design Guidelines are intended to direct the site planning, landscaping, and
architectural quality of Commercial Core Planning Area. Streetscapes, entries, edge
treatments, walls and fencing,lighting, signage, and architectural design are some of the
features that are addressed in the Design Guidelines.
Section 5: Consistency Analysis
This section presents all Goals and Polices of the City of San Juan Capistrano General Plan
and the Los Rios Specific Plaru and provides a consistency analysis of each.
Los Rios Specific Plan
2019 Amendment
SPA Oaeraiun
Page L-5
Section 2
Development Plan
Section 2
Development Plan
2.1 PROIECT SUMMARY
The vision for the Commercial Core Planning Area (Project site) is encapsulated by the
proposed River Street Marketplace Project (Project). The Project proposes buildout of the
entire Commercial Core Planning Area with approximately 59,067 square feet of
commercial and office uses on 5.86 acres (APNs \21-160-28,12'1"-L60-22, artd121-160-49). As
detailed in the following discussions, the comprehensively designed development
highlights the agrarian history of the area, with themed buildings and an earth-toned color
palette. The development concept fosters interaction and mutual support between the
Project's various land uses. Visiting patrons are provided retail and dining opportunities
without the need for multiple vehicular trips. The overall design concept for the Project
depicts a complementary, pedestrian-oriented development, with outdoor seating and
dining areas that incorporate a Califomia native landscape palette throughout.
2.2 PROIECT ELEMENTS
2.2.1 Demolition and Site Preparation
Following removal of existing facilities, the Project site would be cleared of any remaining
surface features, graded and prepared for construction of the Project buildings and
supporting facilities. The grading plan for the site is presented at Figure 2.2-L.
Los Rios Specific Plan
2019 Amendment
Deaelopment Plan
Page 2-1
ì¡'ITd.ht r- ,-.l*¡a,'.,t.I:Àçit'sE.ó; þ,e..-.'I{Ir--B*T-ssiìaIijìlle,t'I/ **,t'I¡I.Yaelîi¡¡lllI"s)/,1 llii l'. ,!ÂIppnvrous pmc ài¡pSÊLF RÊIANING ilÞÆPHALT PAVINGPf$¡araAÈm¡Ñd*-HMW DUTY CONCRËTÊËÆTHMRK VOIUMESCUï = &8CYF¡Ll:20.276 CYNET FllL: 19 628 CY) ,-'-cNOt rc søLESource: Valley Civ¡l Oes¡gn Group*tapplied' :,i," .Figure 2.2-1,Grading Plan
@ 201,9 Applied Planning, lnc.
2.2.2 Proposed Land Uses
The Project proposes approximately 59,067 square feet of new commercial and office uses
within the subject site. Table 2.2-1, Land Use Summøry, provides a tabulation of conceptual
building square footages.
Table2.2-1
River Street Marketplace Proiect
Conceptual Building Square Footages
Use Square Footage
Mercantile 22,443
Marketplace 9,1.00
Red Bam 8,080
Greenhouse 7,040
Farmstead 4,500
Workshop 4,000
Hay Loft 3,000
Restrooms 904
Total 59,067
The following discussion provides a conceptual vision for the internal breakdown of uses
within each building that is being proposed. The ultimate leasing of the internal spaces
will be driven by market demand and as such, specific uses within each building could
change in the future. This flexibility has been built into this SPA.
At approximately 22,M3 square feet, the Mercantile is the largest building proposed on-
site. The two-story Mercantile would provide retail, restaurant and fitness offerings on the
ground floor (12,750 square feet), and office space on the second floor (9,693 square feet).
The Marketplace would provide patrons with a variety of specialty food and retail
shopping offerings. Tenants may include retail vendors, juice bar, artisanal baked goods,
farm fresh produce, gourmet cheeses, and specialty meats. On-site dining options may
include specialty deli and sandwich shops, specialty food stalls, and wine. The single-story
8,080-square-foot Red Barn would house restaurant uses in the northeast comer of the site.
The single-story Greenhouse would house approximately 7,040 square feet of restaurant
and retail uses along the eastern portion of the site. The single-story 4,500-square-foot
Los Rios Specific Plnn
2019 Amendment
Deaelopment Plan
Pøge 2-3
@ 2019 Applied Plønning,lnc
Farmstead would house restaur¿rnt uses in the central portion of the site. The Workshop
would contain 4,000 square feet of restaurant uses. The Hay Loft would house restaurant
and/or brewery/winery uses.
The River Street Marketplace Project site has been designed to create a sense of place,
where the shopping and dining options surround a "Central Green" Area. The Central
Green would provide varied seating options, communal tables for outdoor dining, a
vegetable garden for farm-to-table inspired dining, and other amenities such as a horseshoe
court. The Central Green is also envisioned as a venue for community events and activities
that foster involvement and appeal to a variety of patrons.
The configuration of the proposed land uses within the Commercial Core Planning Area is
illustrated at Figure 2.2-2. Elevations of the proposed buildings are presented at Figures
2.2-3 tlrr ough 2.2-9, respectively.
2.2.3 Architectural Concepts
As illustrated at Figures2.2-3through2.2-9, proposed facility designs evidence the agrarian
history of the area, with themed buildings and an earth-toned color palette. Please refer to
Section 4, Design Guidelines, for information regarding materials and finishes within the
SPA area, as well as renderings of proposed land uses.
2.2.4 Access and Internal Circulation
As previously mentioned, the Project is envisioned as a pedestrian-oriented development;
as such, a coûunon parking pool is proposed in the southerly portion of the site. Main
access to the parking pool will be provided via Paseo Adelanto. A smaller, secondary
entrance will be located on Los Rios Street.
As part of the Project, vehicular traffic along River Street will be prohibited by the use of
gates and retractable bollards. Additionally, River Street will be transitioned from the
existing asphalt paved street to a path with a surface that is reminiscent of the historical
past using decomposed granite or similar material.
Los Rios Specific PIan
20L9 Amendment
Deaelopment PIan
Pøge 2-4
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@ 2019 Applied Plønning, Inc.
A pedestrian entrance to the Project site will be located on River Street between the
Farmstead andRedBambuildings. Historical depictionboards (signs) willalsobelocated
in this area, providing a logical pedestrian transition from the O'Neill Museum located
easterly adjacent to the Project site.
Americans With Disabilities Act (ADA)-compliant parking and access pathways will be
provided throughout the site. Consistent with the agrarian theme used throughout the
Project desig+ ADA pathways will be earth-toned concrete.
2.2.5 Parking
The Project will be enhanced by the synergy that is created by visitors of the Mission of San
Juan Capistrano, the Los Rios Historic District, and the downtown area. In recognition of
the Commercial Core Planning Area's proximate location to these local attractions, the
Project wilt be developed with approximately 242parktng spaces. On-street parking will
also be provided adjacent to the site along improved Paseo Adelanto. These spaces,
combined with additional parki.g i. the vicinity, are more than adequate to support the
proposed Project.
In addition to the provided parking, the Commercial Core Planning Area is also proximate
to public parking both within the Los Rios Specific Plan area and within the downtown
parking structure, located at the Verdugo Street crossing. The Commercial Core Planning
Area also benefits from the adjacent rail station. Both Metrolink and Amtrak provide
passenger rail service adjacent to the site.
2.2.6 Lighting
Outdoor lighting of Commercial Core Planning Areais animportantardritecturalelement,
and has been designed to reinforce the agrarian theme, create visual appeaf facilitate safe
pedestrian and vehicular circulatiorç and add to security. Lighting facilities proposed
within the Project site would be designed and implemented consistent with Figure 2.2-1,0
(or similar). Please refer also to Section4.7.8 for Lighting Guidelines within the Commercial
Core Planning Area.
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201.9 Amendment
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FigureForthcoming-cNOt m sû[Source: Studio K1*1Figure 2.2-10Lighting Planied¡;l-runintìappi¡ii
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2.2.7 Signs
Signage would be implemented pursuant to the Section 4.7.9, Signøge, of this SPA and the
River Street Marketplace Master Sign Program, provided as Attachment A to this SPA.
Locations of primary signage within the Commercial Core Planning Area are presented at
Figure 2.2-11..
2.2.8 Landscape
Landscape design serves as the comnon theme that will create a cohesive integrated
development within the Commercial Core Planning Area. Additionally,landscaping acts
to visually connect the varying land uses of the area. A California native plant palette
would be applied throughout the Commercial Core Planning Area.
The preliminary Landscape Plan includes the preservation of a mature Peruvian Torch
Cactus and a Coast Live Oak that are considered healtþ and will remain in place on the
site. Additionally, five Jacaranda trees currently located along the properly line (which
overhang the site) will remain in place, unaffected by development of the site. Further,
approximately 158 new trees will be added to the site to enhance the appearance of parking
areas, provide shade and visual interest, define entry/access points, accentuate site and
architecfural features, and provide screening.
Plant species have been chosen for their drought tolerance, hardiness, and ability to
enhance the overall theme of the Project. The plant palette includes deciduous and
evergreen trees, shrubs, vines, succulents, and ground covers. The plant palette includes
culturally significant plants introduced with the Califomia Missions, and other agricultural
species. The use of turf would be limited to the Commons Area, where it canbe utilized for
passive recreation.
Please refer to Section 4.8, Landscøpe Desígn, and Figure 4.8-1.a and 4.8-1b.
Los Rios Specifc Plan
2019 Amendment
Deaelopment Plan
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r-I,::w**Ð##$üswNOT TO scÄUSource: Front¡er lnvestments"'@##dþ#**tr#4%s#fr##Ërwàtêr Towet Fèıturevechrolar DíêcrødNlulù fenant DrectioñalHrstor¡c Story Teltng ÞðrìelsWdkwêy ldenùtyGårds ldentityLos R¡os Histoflc DrÞctroßlGdEE,it-:tffiËt,.\@-c@?{/-lapplied¡: l,l n rr ¡ngFigure 2.2-11Sigr Locations
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2.2.9 Fencing
All fence materials throughout the Commercial Core Planning Area shall be of uniform
manufacture with colors specified for the overall design theme. Fencing and gates within
the Commercial Core Planning Area shall be designed and implemented consistent with
Figure 2.2-12.
In summary, a 6-foot high privary fence will be located along the easterly boundary of the
site, providing privacy to the adjacent residential uses. Consistent with the theme of the
River Street Marketplace Project, a split rail fence will be located along the southerly and
westerly boundaries of the SPA area. A mixture of split rail gates and retractable bollards
will be used to restrict/ prohibit vehicular traffic, as discussed within Section 2.2.4, Access
ønd Internal Cir culation.
2.2.10 Mailboxes
Mailboxes shall be clustered and installed in locations convenient to the tenants, as shown
at Figure 2.2-2, Site Pløn Concept. Conceptual mailbox design is illustrated at Figure 2.2-13.
2.2.11 Trash Receptacles and Enclosures
Thematic trash receptacles shall be fully enclosed to screen trash bins from view, as
illustrated at Figure 2.2-14. Trash enclosure locations are shown at Figure 2.2-2, Site Pløn
Concept, presented previously.
2.2.12 Inf rastructure/tltilities
Infrastructure and utilities that would serve the Project site are summarized below
2.2.12.7 Water/Sewer Services
Water and sewer services would be provided to the Project by the City of San Juan
Capistrano Water and Sewer Division. Water and sewer service extensions to the Project
site would connect to existing facilities, as shown at Figures 2.2-15 artd2.2-1,6.
Wastewater would be conveyed from the Project for treatment at the |ay B.Latham
Regional Treatment Plant located in the City of Dana Point.
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2019 Amendment
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nelractable 90llardHislorrcal Sociely fencePilY¿cy Fence,ii.split Râil GalePriv¿cy FenceSpl¡l Rail FenceiPr¡wcyI ¡ûç{.I7¡lßqféncô- PltyaclJ :."*''*:r'tÌe'\"ì-o¿td.:.!Át::Ffence and Gat€ Locåliorsspr ir nai r Gare ____ii.-r.f!:-:-ií'- Pr!åcyfsnc(- HÉl$rcål SocûU Fuîcdt:to-:,i.: t¡t.:il ¡.!!-tI.;i.lt-..1FeRstractable Bollardôspl¡t Råil GalefìSplil Railtence(,Priyacy ¡enoe'cNOf Tt) 50LESource: SWA LandscapeArchitect?+-lapplied¡:lann¡nsFigure 2.2-12Fencing Plan
Zx@(NurFÞ( Þtsrrcessa>ftuv cor,o6"s c, Qrrtr¡llcsSource: Bickel GroupArch¡tecture*rapplied¡-,ltnninqC oncept" ", r"Tifli"* il:
æ' o,c.c6cmE &G wÀtlMT{ L*OSCAE Sêæffifo raTcH cENl€R. ^¡etusMtMÞ "xÂÎG^L G^Y'wrTt rY* s 'e^Y" Fnl*'MThA! eAY' WrlHTYPE 6 'EAY' rcñIARst*t ¡R&E Do€E oæRs wllHw@ *u Ìo sro c€NEncoNcEtÊ &æß'fi+ ----/:\ TRASTI EIIGLOSURE Rd)F PLAI{/:\ TRA'SH EI¡CLOSI'R€ PLA¡IWIL gTff LNæÆ\j/ Éwd-dSource: Bickel Group Architecture\//,/4 YARDf --74 YARDiIIj-tLIIIIIII-III4 YARD4 YARD4 YARD4 YARD4 YARD4 YARDf*T--If-1IltìPlappliedi ., i-i:-; : ì r ; ::rFigure 2.2-14Trash Enclosures
\lrl]Ir-iTIL-1"*:y 'i,,. ":)il)!"í' .';,. )üÐ,,)..--.--(1.r7.ì_il-3NOT TO SCALESource: Valley C¡v¡l Design GroupidlIIi't-'t-IIt.IIt'."'lI,iilIl't"t.,-.IIt-I't..-,.l.,'' -l,. .tI. .,tI.. j._--tIIi-IIl',.1.lII,l,_.t_l.-l"l.-t.. ._tI-1_ -.-l t..ltit_.-11..-.. tt-tilt-il,tt. .r ¡._.,.. ._ ]t -lt _¡¡.i r ..-.¡t.- ¡'',' ' l.. .... .t.-.i'..,1I-- ,¡.,._ .l.-1ì'It*-"t-t"II..._t.tII-l-l-t.. IIi¡lalr-e'-rt?4-lappliedFigure 2.2-15Water Plan
-:::iI'Ii'-i \ìjt;.ilti;!!1! .... -.IIt -- ''iI\\_Ì ,@su/ * /,ù'' .-:{fl4, ,'cNNOT rc SCALESource: Valley Civil Design Group-1lt-li.. ¡t..tj... ¡ti'. ltll..tl ...I, '1,ll..itliil- ttltttll.ll. tt. tl .... itllltiIt'l-I-l-i"¡IIJttlifilt,. tt ..tltt_.,11. ..¡t ..itll.il... lJ.., ¡ t..-it.,. tllt- -- _rl ì..r 1.. ,_it|-tlltllll. ti ..Ii,lt..ll_t¡.il.. ..,t JIJe5*tappliedFigure 2.2-1.6Sewer Plan
O 2019 Applied Plønning, Inc.
2.2.12.2 Storm Water Management Systems
The Project stormwatermanagement systemcomprehensivelyincludes proposed drainage
improvements, and facilities and programs which act to control and treat storm water
pollutants. Preliminary storm water management system concepts would direct storm
water runoff from the developed Project site to on-site retention and bio-treatment areas.
Treated storm waters would be released in a controlled manner to existing storm drains.
The drainage concept for the SPA area is presented at Figure 2.2-17.
A Storm Water Pollution Prevention Plan (SWPPP) would be implemented, consistent with
the requirements of the City's National Pollutant Discharge Elimination System (NPDES)
Permit and other water quality requirements or storm water m¿magement programs
specified by the Regional Water Quality Control Board (RWQCB). In combinatiorç
implementation of the Project SWPPR Water Quality Management Plan (WQMP) and
compliance with NPDES Permit and RWQCB requirements act to protect City and regional
water quality by preventing or minimizing potential storm water pollutant discharges to
the watershed.
2.2.12.3 Solid Waste Management
It is anticipated that Project-generated solid waste would be conveyed by existing service
providers to proximate Orange County landfills. The landfill nearest the Project site is the
Prima Deshecha Landfill, located at 32250 La Pata Avenue, San Juan Capistrano,
approximately 3 miles easterly of the Project site. The California Integrated Waste
Management Act under the Public Resources Code requires that local jurisdictions
divert/recycle at least 50 percent of all solid waste. Additionally, as of July'I-.,2012, the State
of Califomia requires that all businesses that generate four cubic yards or more of refuse
per week implement a recycling program. This requirement is set forth in Assembly Bill
34L, passed by the Califomia legislature in October 201L.
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l+'r - "!t-r;ltitt"lIIIIsTIIîIaà. -.iiIiItriIFîaILUII'\ n,\ ... -,. ri'\ v"'tliiiri,¡ ,i¿ ¡ * st.ì€Il/. t.--)' \ i')" '."ii-c"-'----'-nNOT TO SOUSource: Valley Civ¡l Design Groupi-;:;î)f':5-{/lappliedi r i "-: ! ì i ì ; rliìFigure 2.2-17Drainage Plan
@ 20L9 Applied Planning,Inc.
The City remains committed to its existing waste reduction and minimization efforts
pursuant to the Califomia Integrated Waste Management Act and AB 34L. Compliance
with the California Integrated Waste Management Act and AB 34L, asimplemented by the
City, would be required of the Project.
2.2.12.4 Electricity
Electrical service to the Project would be provided by San Diego Gas & Electric (SDG&E).
New lines installed pursuant to the Project would be placed underground. Alignment of
service lines and connection to existing services would be as required by SDG&E. Surface-
mounted equipment, such as meters, and service cabinets would conform to building
setback requirements outlined in this SPA.
To allow for, and facilitate, Project construction activities, provision of temporary SDG&E
electrical services improvements would be required. The scope of such temporary
improvements is considered to be consistent with, and reflected within the total scope of
development proposed by the Project. Similarly, potential environmental impacts resulting
from the provision of temporary SDG&E services would not be substantively different
from, or greater than, impacts resulting from development of the Project in total.
2.2.12.5 Natural Gas
Natural gas service would be provided by the Gas Company. Existing service lines would
be extended to the Project uses.
2.2.12.6 Communications Services
Communications services, including wired and wireless telephone and internet services are
available through numerous private providers and would be provided on an as-needed
basis. As with electrical service lines, all existing and proposed wires, conductors, conduits,
raceways, and similar communications improvements within the Project area would be
installed underground. Any necessary surface-mounted equipmenl e.g.t terminal boxes,
meters, service cabinets, etc., would be screened and would conform to building setback
requirements outlined in this SPA.
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2.2.L9 Fire Protection and Police Protection Services
Police and fire protection services are currently available to the Project site, and are
described below.
Fire Protection Services: Fire protection services are provided under contract with
Orange County Fire Authority (OCFA). The OCFA provides rescue, fire preventiory
fire investigatiory hazardous materials response, public information/educatioru
paramedic and ambulance transport services.
a
a Police Protection Services: Police protection services are provided under contract
with Orange County Sheriffs Department (OCSD). The OCSD provides law
enforcement services that include patrol, investigations, traffic enforcement,
community support, drug educatioru parking control, and crime prevention.
2.2.L4 Schools, Parks and Other Public Services
The City also provides or facilitates provision of a range of other services that would be
generally available to the Project patrons and employees. These services include, but
are not limited to: educational services,library services, arts and entertainment, and human
services. These services and associated facilities are generally programmed
and implemented in response to residential development and demands of resident
populations. The Project facilities would not substantively affect the City's resident
population. As such, facilities proposed by the Project would not affect schools, parks, or
other public services or their availability.
2.2.15 Energy Ef ficiency/Sustainability
Energy-saving and sustainable design features and operational programs would. be
incorporated into all facilities developed pursuant to the Project including, the California
Green Building Standards Code (CALGreen; CC& Tiltle24, Part LL) as implemented by the
City of San Juan Capistrano. The Project also incorporates and expresses the following
design features and attributes promoting energy efficienry and sustainability.
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Redevelopment and revitalization of the subject site as proposed by the Project
promotes efficient use of scarce real property. Further, redevelopment and reuse of
the subject site supports sustainable and efficient use of resources by taking
advantage of currently available utilities and public services.
To reduce water demands and associated energy use, the Project uses would be
required to implement a Water Conservation Strategy and demonstrate a minimum
20 percent reduction in indoor water usage when compared to baseline water
demand (total expected water demand without implementation of the Water
Conservation Strategy).l Project uses would also be required to implement the
following:
Landscaping palette emphasizing drought-tolerant plants consistent with
provisions of the State Model Water Efficient Landscape Ordinance and/or
City of San Juan Capistrano requirements;
a
a
U.S. Environmental Protection Agency (EPA) Certified WaterSense labeled or
equivalent faucets, high-efficienry toilets (HETs), and other plumbing
fixtures.
2.2.16 Construction Traffic Management Plan
Temporary and short-term traffic detours and traffic disruptions could result during
Project construction activities including implementation of access and circulation
improvements noted above. Accordingly, the Project Applicant would be responsible for
the preparation and submittal of a construction area traffic management plan (Plan).
1 Reduction of 20% indoor water usage is consistent with the current CalGreen Code performance standards for
residential and non-residential land uses. Per CalGreerL the reduction shall be based on the maximum allowable
water use per plumbing fixture and fittings as required by the Califomia Building Standards Code.
Use of water-efficient irrigation techniques consistent with City of San Juan
Capistrano requirements;
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Typical elements and information incorporated in the Plan would include, but would not
be limited to:
Name of on-site construction superintendent and contact phone number.
Identification of Construction Contract Responsibilities - For example, for
excavation and grading activities, describe the approximate depth of excavation,
and quantity of soil importþxport (if any).
Identification and Description of Truck Routes - to include the number of trucks
and their staging location(s) (if any).
Identification and Description of Material Storage Locations (if any).
Location and Description of Construction Trailer (if any).
Identification and Description of Traffic Controls - Traffic controls shall be
provided per the Manual of Uniform Traffic Control Devices (MUTCD) if the
occupation or closure of any traffic lanes, parking lanes, parkways or any other
public right-of way is required. If the right-of-way occupation requires
configurations or controls not identified in the MUTCD, a separate traffic control
plan must be submitted to the City for review and approval. All right-of-way
encroachments would require permitting through the City.
Identification and Description of Parking - Estimate the number of workers and
identifr parking areas for their vehicles.
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a Identification and Description of Maintenance Measures - Identify and describe
measures taken to ensure that the work site and public right-of-way would be
maintained (including dust control).
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The Plan will be provided as part of the submittal of the grading permit. The Plan and its
requirements would also be provided to all contractors as one required component of
building plan/contract document packages.
2.2.17 Of fsite Improvements
The following traffic and circulation improvements will be implemented by the Project
The addition of a 2nd left turn lane 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; and
The installation of a traffic circle at the intersection of Paseo Adelanto and River
Street.
2.3 PROIECT OPENTNG YEAR
Pending public workshops and hearings, construction of the Project is anticipated to begin
in early 2021. and the openingyear for the Project is scheduled for mid-2021.
2.4 PURPOSE AND OBIECTIVES
2.4.1 Purpose
This Specific Plan Amendment comprehensively describes the land uses planned for the
Commercial Core Planning Area. The adoption of this SPA defines the development
regulations, requirements, and design guidelines governing development of the site.
This SPA is designed to address the following guiding planning principles:
Connectivity among land uses within the SPA area with the surrounding San Juan
Capistrano community.
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Bicycle and pedestrian accessibility and mobility to encourage alternative modes of
travel.
Sustainable development practices addressing energy efficiency.
2.4.2 Objectives
The primary goal of this SPA is the redevelopment of the subject site with a complementary
mix of commercial and office facilities. Supporting objectives include the following:
Privately transition and repurpose the Project site.
Establish contemporary family-oriented uses, with resulting fiscal benefits to the
City of San Juan Capistrano. Benefits would include new sales tax revenues and
increased property tax revenues.
Enhance the visual attributes of the Project site and the greater Los Rios area.
Provide facilities that are responsive to community needs and that are compatible
with próximate land uses.
Implement employment-generating land uses that would create new jobs available
to City residents.
Provide a stand-alone regulatory vehicle that will entitle the Project entirely without
the need for future hearings and permits.
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Section 3
Development Regulations
Section 3
Development Regulations
3.1 INTRODUCTION
The provisions contained herein will regulate design and development within the
Commercial Core Planning Area.
3.2 DEFINITION OF TERMS
The meaning and construction of words, phrases, titles, and terms shall be the same as
provided in the City of San Juan Capistrano Municipal Code, unless otherwise specifically
provided herein.
3.3 APPLICABILITY
The development regulations contained herein provide specific standards for land use
development and generallandscaping development standardswithinthe CommercialCore
Planning Area. Application of these regulations is intended to encourage the most
appropriate use of the land, ensure the highest quality of development, and protect the
public healttu safety, and general welfare. Whenever the provisions and development
standards contained herein conflict with those contained in the City of Sanluan Capistrano
Municipal Code or the Los Rios Specific Plan, the provisions of this Specific Plan
Amendment (SPA) shall take precedence. Where this SPA is silent, the Los Rios Specific
Plan shall apply. These regulations shall reinforce specific site planning, architectural
design, and landscape design guidelines contained in SPA Section 4, Design Guídelínes.This
document provides the sole source of City regulations and guidelines for the development
of the Commercial Core Planning Area.
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3.4 ADMNISTRATION
This SPA, upon adoption, will serve as the implementation tool for the development of the
Commercial Core Planning Area of the Los Rios Specific Plan. The SPA Development
Regulations address general provisions, permitted uses, and development standards for
the Project site.
5.J
a)
b)
IMPLEMENTATION
This document represents the River Street Marketplace in its entirety. Approval of
this Los Rios Specific Plan Amendment (SPA) represents approval of the River
Street Marketplace Project and no further discretionary approvals will be necessary
or required. Municipal Code requirements for subsequent permits such as tree
removal permits, flood plain permits, and similar types of permits are waived with
the approval of the SPA.
The discretionary review process for the approval of the SPA (and subsequent
modifications or future redevelopment of the site) shall be undertaken in a linear
review process. That is, the project will be proceed through the review process
(Development Review Committee, Planning Commission and City Council) and not
be remanded for further study by a previous reviewing body.
Approval of this SPA will preempt and replace all standards, criteria, and
procedures for review including, without limitatiory permit procedures and other
requirements of Title 9 of the Municipal Code. This SPA is intended to fully occupy
the field of zoning regulations applicable to the Project site and is to be interpreted
liberally to effectuate its purpose and intent.
Development within the Project site shall be subject only to this Commercial Core
section of the Los Rios Specific Plarç as established herein. Whenever the provisions
contained herein conflict with the City of SanJuan Capistrano Municipal Code, the
provisions of the Commercial Core Planning Area shall take precedence.
The Development Services Department shall review development plans and maps,
grading, landscape, signage, infrasfructure plans and parcel and tentative /parcel
maps for substantial conformance with the requirements of this SPA. Upon
approval of this SPA and the associated maps and plans, all subsequent reviews
c)
d)
e)
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may be ministerial and conducted using a Substantial Conform¿ìnce Review
Procedure, as described below.
Substantiøl Conformønce Reaiew Procedur es
o The purpose of the Substantial Conformance Review process is to provide an
administrative review/approval process to permit minor modifications to the
literal application of this SPA without the need to prepare an amendment to
the Los Rios Specific Plan.
The Director of Development Services shall have the authority to interpret
minor changes to building footprints, standards, guidelines, land uses,
colors, materials and any language ambiguity that arises during the
development and operation of the River Street Marketplace Project. The
Director can also effectuate changes in land uses from one building to
another, as long as the maximum square footages presented at Table 2.2-1, of
this SPA are not exceeded.
The Substantial Conformance Review process conunences upon the City
receiving written request by the Owner. Upon receipt, the Director of
Development Services or their designated appointee, shall conduct an
internal review of the plans or any requested modification and determine
whether the change is similar to SPA requirements and consistent with the
"goals and vision" of this SPA. The Director of Development Services will
also attest that the request does not materially alter the findings of the
environmental impact report.
All Substantial Conformance Review findings by the Development Services
Director can be appealed to the Planning Commission. The Planning
Comrnission shall provide the final determination/resolution of the matter.
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3.6 COMMERCIAL CORE STANDARDS
This section sets forth the development regulations for development within the
Commercial Core Planning Area.
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3.6.7 Permitted Uses
Table 3.6-L presents the uses that are permitted within the Commercial Core Planning
Area.
Table 3.6-1
PermittedLand":ï,ii'i:lï:#äï'å:"*PranningArea
Land Use Status
Retail sales and storage of plants, treet shrubs and
other nursery items; farmers' market items such as
fruits and vegetables sold from temporary open-air
stands; arts and crafts display and sales; outdoor
ceramics.
Permitted
Non-retail uses such as greenhouse/ croP and tree
farming, wholesale nursery.
Permitted
Passive park and recreational uses, such as
picnicking, arts and crafts workshops, and cultural
performances.
Permitted
Eating and drinking establishments.Permitted
Food and beverage productiory retail sales and
tasting (such as brewpub, distillery wine making
olive oil, and coffee roasting for on- and off-site
consumption).
Permitted
Marketplace (such as small scale grocery, produce,
meats, cheese, bread, pasta, oils, flowers, food-to-
go, wine, beer, craft alcohol, and other similar
grocery uses within an enclosed building).
Permitted
General office uses (such as business professional,
real estate, travel agencies, banks, savings and loary
credit unions, and similar types).
Permitted
Recreation and leisure uses, including but not
limited to fitness centers, individual or class fitness
training, yoga, pilates.
Permitted
Kiosks for sales of specialty retail, food, and service
items.
Permitted
Live Music (amplified and unamplified, within an Permitted
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Table 3.6-1
Permitted Land Uses Within the Commercial Core Planning Area
of the Los Rios Specific Plan
The following uses are expressly prohibited within the Commercial Core Planning Area:
. Vape shops, cigarette shops;
o Drive-throughrestaurants;
. Small convenience markets (such as7-11); and
¡ Large format discount department stores, specifically stores with fixed product
pricing (such as a dollar store). For the purposes of this prohibition, large format is
defined as a store in excess of 25,000 square feet.
3.6.2 Development Standards
Table 3.6-2contains development standards that shall apply to all developmentwithinthe
Commercial Core Planning Area.
Table3.6-2
Commercial Core Planning Area Development Standards
Land Use Status
enclosed building until 10 PM)
Live music (non-amplified outdoor until 9:30 PM)Permitted
Live Music (amplified outdoor)Conditionally Permitted or Special Use Permit
Minimum Lot Size 30,000 square feet
Maximum Development Floor Area Ratio 0.23
Minimum Building Setbacks
Northern 10'
Southern 40'
Eastern 10'
Westem 10'
Minimum Landscape Coverage 13 percent
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Table 3.6-2
Commercial Core Planning Atea Development Standards
3.6.3 Parking Standards
Parking shall be provided consistent with Section 2.2.5 this SPA. In summary,
approxima tely 242 parking spaces shall be provided. On-street parking shall also provided
adjacent to the site along Paseo Adelanto.
3.7 LANDSCAPE CONCEPTS
3.7.1
1.
General Provisions
All landscaping for streetscapes and monumentation shall conform to Section 4,
Design Guidelínes, of this SPA.
The landscape improvements for the CommercialCorePlanning Area shallestablish
a landscape theme reminiscent of the historic landscape character of the
surrounding area.
Installation of landscaping and automatic irrigation will be provided by the
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Maximum Building Height 35',
Perimeter Walls and Fences Maximum six (6) feet in height
Screening
Loading areas shall be screened from adjacent
public streets and residential uses through the use
of landscaping and/or decorative walls or fencing.
Storage, including cartons, containers, materials or
trash shall be shielded from view within a building
or enclosed by a fence or wall not less than six (6)
feet in height.
Ground level and roof mounted equipment and
utility boxes shall be screened from public view by
landscaping, a parapet wall, enclosure, or other
architectural element.
Lighting
Exterior lighting shall be shielded and directed
away from adjacent uses, especially residential
uses.
Utilities All utility lines shall be installed underground.
2.
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4.
5.
6.
7.
8.
4.
3.7.2
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3.7.3
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property owner (where applicable) and maintained in a healtþ condition at all
times. Sensitive native landscaping shall receive custom watering services. The
property owner shall be responsible for the installation of full landscape
improvements. Areas not used for hardscape shall be planted. All landscape plans
shall be reviewed and approved by the City at the time of SPA review.
All manufactured and cut/fill slopes exceeding three (3) feet in height shall be
planted with an effective mixture of ground cover, shrubs, and trees. Such slopes
shall also be irrigated with efficient irrigation equipment and treated with an
appropriate erosion control method.
Landscape Principles
Landscape design and irrigation systems shall be water efficient to conserve water
and provide environmental benefits.
Landscaping shall be drought tolerant and maximize water efficiency.
Provide a mix of evergreen and deciduous shade trees to create pleasant, walkable
outdoor spaces and reduce heat gain on paving and buildings.
Create gateways with plant material that identify the various intemal destinations
within the Commercial Core Planning Area.
Use landscaping in focal points, seating areas, and screening in appropriate areas.
Landscape areas shall be designed to provide opportunities for storm water
infiltration and retention to recharge groundwater and improve water quality.
Use low water groundcovers and shrubs instead of turf wherever possible.
Canopy shade trees shall be used to reduce the heat island effect and improve air
quality.
Design adequate landscape space to provide screening for trash enclosures and
utilities.
Automatic irrigation systems (where applicable) are to be water efficient,
appropriate for the landscape hydrozones, and provide L00 percent coverage.
Decorative hardscape materials shall enhance the architecture and outdoor
experience.
Landscape Standards
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'1..Landscaping within the Commercial Core Planning Area shall be provided in
accordance with the Design Guidelines utilizing plant materials (or similar)
suggested on the Plant Palette (SPA Figures 4.8-1a and 4.8-1b) established for the
Commercial Core Planning Area.
Boundary landscaping will be required where Commercial Core Planning Area is
adjacent to residential uses.
Freestanding perimeter walls and fencing shall be provided within, and at the
perimeter of the Commercial Core Planning Area as specified at Section 2.2.9 olthis
SPA.
Non-toxic, non-invasive vegetation shall be utilized within the Commercial Core
Planning Area and adjacent to all public streets and open sPace areas.
3.8 SIGNAGE
All Commercial Core Planning Area signage shall conform to the Master Sign Program
presented as Attadrment A of this SPA. Refer also to Figure 2.2.11, presented within SPA
Section 2, and the Signage Design Guidelines (Section 4.7.9) contained within Section 4,
Design Guidelines.
3.9 LIGHTING
Refer to Figure 2.2-l0,presented within SPA Section2, andthe Lighting Design Guidelines
(Section 4.7.8) contained within Section 4, Design Guidelínes.
3.10 FENCING
Refer to Figure 2.2-l2,presented within SPA Section 2, and the Screening Walls and Fences
Design Guidelines (Section 4.7.2) contained within Section 4, Design Guidelínes.
3.I! TRASH RECEPTACTES AND ENCLOSURES
Thematic trash receptacles shall be fully enclosed to screen trash bins from view. Refer to
Figure 2.2-'1.4, presented within SPA Section 2.
3.I2 MAILBOXES
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Mailboxes shall be clustered and installed in locations convenient to the tenants, consistent
with Figur es 2.2-2 and 2.2-13.
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2019 Amendment
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Section 4
Design Guidelines
Section 4
Design Guidelines
4.L INTRODUCTION
San Juan Capistrano is Orange County's oldest community. Th" Project area is rich in
history, notable features include the Los Rios Historic District, the Capistrano TrainDepot
and the Mission of San Juan Capistrano. These Design Guidelines pay homage to the areas
agrarianhistory and provide guidance for the subsequent development. Themedbuildings
and an earth-toned color palette are some of the components that will assure the Project
reflects the history of the surrounding area and the city of San Juan Capistrano, in general.
4.2 ARCHITECTURAL CONTEXT
These Design Guidelines are to be used as a tool to ensure the character and design quality
anticipated for the Commercial Core Planning Area. The Guidelines express objectives and
approaches rather than formulas and standards, allowing certain architectural creativity
and flexibility. The images and sketches illustrated are intended to be used as visual aids in
understanding the architectural design intent.
These Guidelines are organized into the following sections
4.3
4.4
4.5
4.6
4.7
4.8
Los Rios Specific PIøn
2019 Amendment
Architectural Principles
Design Objectives
Architectural Style
Massing
Materials & Finishes
Landscape Design
Design Guidelines
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4.3 ARCHITECTURAL PRINCIPLES
Architectural design should provide for high quality design and construction.
Building design should consider the overall community and incorporate
appropriate scale and proportion to all buildings.
The articulation of all sides of the building should be implemented to create visual
varieÇ.
The development should be sustained over time.
Architectural styles should reflect Southern Califomia interpretations of historic
ardritecture.
Structures should incorporate genuine architectural details and decorative features.
Architectural design should relate to human scale.
The location of doors and windows should consider indoor/outdoor relationships.
Building massing over one story should incorporate a variety of form and material.
Building form and articulation should reinforce entries, conunon areas and
walkways.
Building elevations should consider sun orientation by including shaded and
sheltered areas.
Building designs should incorporate spaces that encourage outdoor use to take
advantage of temperate climatic conditions.
Architectural design should incorporate materials and techniques that are cost effective.
The use of building materials should reflect the implementation of efficient
construction methods.
Building elevations should include compatible window and doors sizes that create a
consistent design theme.
Construction techniques should incorporate the use of standard components and
dimensions.
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DESIGN OBIECTIVES
Interpret architectural styles that are authentic and reflect the historical character of
the region.
Utilize materials and colors that reinforce the overall design theme.
Reinforce the visual importance of building entries and gathering areas.
Provide an overall character that is compatible with the adjacent residential uses.
4.5 ARCHITECTURAT STYTE
The architectural character within the Commercial Core Planning Area shall focus on a
contemporary agrarian style. The colors and materials of this style shall complement the
overall design. Representative colors and materials are presented at Figure 4.5-1..
Additional colors and materials that are harmonious to those presented may also be used
within the Project.
Møssing:
o Simple massing with assembled forms and varied roof forms.
. tlse of geometric building forms.
o Inset balconies and upper level setbacks enhance the simple massing and provide
individual architectural character.
Generøl Design ønd Møterials:
. LJse of agrarian-style building materials, such as wood siding and corrugated metaf
is encouraged.
o Primary colors shall be earth-toned.
. Non-earth tones are acceptable as accent colors.
. Lar9e, simple roof planes.
o Extended roof overhangs.
. Large barn doors and roll-up garage up doors in keeping with the agrarian theme
are permitted.
. Simple steel cable railings.
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@ 201.9 Applied Planning, [nc.
Roof Materiøls and Forms:
o Low-pitched roofs, barrel roofs or flat roofs with screening parapets.
. Gables and hip roofs appropriate.
r Metal roofs allowed reinforcing building character.
Detail Elements:
o Natural materials.
. Exposed corbels or rafter tails.
. Arched openings.
o Mitered corner windows allowable.
. Recessed windows encouraged.
¡ Metal accent-work evident in overhangs, shade structures and railing
4.6 MASSING PRINCIPLES
This section provides suggestions for creating areas that have interesting and aesthetically
pleasing building forms that are proportionate to a human-scale and inviting to the
pedestrian.
4.6.1 General Elements
The general elements of building massing include:
Front Articulation.
Rear Articulation.
Roof Form.
Balconies and Projections.
Building Offsets/Variable Setbacks.
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Objectiaes:
o Incorporate single-story elements at focal elements whenever feasible.
. Avoid large flat two-story walls
. Minimize visual impact of utilitarian components.
4.6.2 FrontArticulation
Intent:
Through the appropriate use of materials and colors, the front elevation of a building is an
important element in creating a sense of arrival. Close attention shall be placed on how the
building relates to the human scale. Emphasis on location and entry designs will provide
an attractive street appeal. Emphasis on a variety of building massing will create a diverse
street scene.
Guidelines:
Building massing should reflect the architectural style.
Building details such as doors and windows should be in proportion to the overall
massing.
Front elevations for two-story buildings should incorporate a single-story design
elemenf if feasible.
Recessed multi-story elements should create human-scale buildings.
Massing elements should project enough to avoid elevations that appear to be
"tacked on."
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Los Rios Specific Plan
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Rear and Side Articulation
Intent:
Special attention shall be given to the design of those building elevations adjacent to or in
close proximity of adjacent land uses, roadways, open spaces, or intersections. Whether
viewed from distant or close range, massing requirements shallbe implemented to ensure
architectural interest to rear and side elevations. Generally, repetitious elements such as
continuous building planes and continuous gable forms are to be avoided.
Design Guidelines
Page 4-6
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Guidelines:
Architectural massing and articulation should be consistent with the architectural
style of the building.
Building footprints shall incorporate projections and/or offsets that extend from the
main wall plane, to provide architectural interest.
Buildings located directly adjacent to roadways, intersections, and open sPaces
should be given particular attention in their rear articulatiory to minimize long
expanses of flat walls.
4.6.4 Accessory Structures and Parking Areas
Intent:
Accessory structures, such as storage or trash enclosures, should be designed to reinforce
the architectural style of the primary buildings.
Guídelines:
o Detadred structures, associated with a development shall be designed to match the
style, detail and massing criteria of the primary buildings.
. Parking areas should include landscape features that serve to minimize the "heat
island effect."
4.6.5 Roof Form/?itch
Intent:
Roof form is another important design element as it relates to the character of the building,
observed from both the external edges and inside the Project area. Providing a variety of
roof forms enhances the overall architectural theme and creates a positive visual edge.
Guidelínes:
Roof forms/pitdr should reinforce the architectural style of the buildings.
Roofs shall be composed of simple roof forms.
Primary roof forms should be gable or hip designs.
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Parapet roof forms are acceptable in order to screen utilitarian roof elements.
Roofs shall vary in massing along street scene and open sPaces.
Changes in the primary roof (ridge) orientation are encouraged.
4.6.6 Balconies and Proiections
lntent:
As part of the overall design of a two-story building, balconies and projections provide
relief and interest at the upper floors. Additionally, these elements create ideal outdoor
sPaces.
Guidelines:
Balconies and projections shall proportionally complement and be integrated into
the overall massing of the building.
Balcony railings should be consistent with the architectural style.
4.7 MATERIATS AND FINISHES
4.7.1 Introduction
Architectural materials and detailing are central elements to creating a cohesive
Commercial Core. Appropriate focus should be given to the architectural elements and
details. The general elements comprising the materials and details of a building are:
Screening Walls and Fences.
Doors and Windows.
Roofing Materials and Details.
Fascias, Eaves & Rakes.
Accent Materials.
Exterior Color.
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4.7.2 Screening Walls and Fences
Screening walls and fences should be consistent with the architectural style and materials
used throughout the Project. Appropriate use of landscapin& including the variation of
landscape materials, shall be incorporated to alleviate long expanses of uninterrupted walls
or fences. The following attractive, durable materials shall be used.
Allouted Møterials:
o Wood.
. Exposed masonry walls (brick, slump block, river rocþ etc.).
. Metal accents (may use simulated materials).
Guídelines:
¡ Wall and fence materials should reflect the architectural style of the building.
o Masonry elements and accents should relate to the building forms and not apPear as
an applied veneer.
4.7.3 Accent Materials
Accent materials promote individuality u.d ensure diverse character within the Project
area. Accents may be used to reinforce the overall ardritectural theme.
Guidelines:
. Accent materials should complement the overall color and style of the building.
. Accent materials shall terminate at inside corners of the building and be wrapped to
coincide with an architectural element.
. Architectural trim applied to all building elevations should be consistent with front
elevation of the building.
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4.7.4 Doors and Windows
The design and detail of the doors and windows reinforce the architectural style and are
key elements in the composition of the exterior elevation of the building.
Guidelines:
Door designs shall be consistent with the architectural style of the building.
Large bam doors and roll-up garage doors are permitted in keeping with the
agrarian theme.
Alignment and proportions of windows shall be appropriate to the architectural
style of the building.
All windows are to be consistent with the architectural style of the building.
Highly reflective glazingis not permitted.
4.7.5 Roofing Materials and Details
Roofing materials as well as roof forms, pitch and design details are integral elements that
reinforce the agrarian architectural style. Proposed roofs should be reflective of the
architectural style of the building.
Guidelines:
. Standing seam metal roofs painted in non-reflective neutral colors are permitted.
r Rustic cedar shake roofing is permitted.
. Eave, fascia and rake proportions are to reflect and/or relate to the buildings
ardritectural style.
o Exposed rafter tails shall be a minimumof 4" .
o Wood fascias and rafters shall be painted or stained to reinforce the style of the
building.
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4.7.6 Color
Intent:
Exterior colors are important to establishing a sense of neighborhood and help reinforce the
architectural style of the building. The application of color should reinforce the material
that is painted. Colors that are derived from nature are encouraged.
Guidelines:
¡ Color shall contribute to distinguishing the overall architectural style of the
building.
o Color and hue variation should be provided to create diversity within the
Commercial Core Planning Area.
o Roof colors should be consistent with the architectural style.
. Colors should reflect the natural hues found in Southem California.
4.7.7 Utilitarian Design Elements
Intent:
Design elements that are utilitarian in nature should be designed as integral features that
support the intended architectural style.
Guídelines:
. Exposed gutters and downspouts shall match roof or wall color.
. Faux copper patina is acceptable.
. tlnscreened rooftop mechanical equipment is prohibited.
. Air conditioning/heating equipment shall be screened from neighboring views and
the street.
o Meters shall be screened from public view to the extent possible.
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4.7.8 Lighting
Intent:
Outdoor lighting of Commercial Core Planning Area is an important architectural element
that shall reinforce the agrarian theme, create visual appeaf facilitate safe pedestrian and
vehicular circulation, and add to security.
Guidelines:
o Lighting permitted within the Commercial Core Planning Area shall include a
mixture of security, task, accent, and ambient lighting.
¡ All outdoor lighting shall feature cutoff devices as appropriate and be focused,
directed, and arranged to minimize glare and "spill over" to adjoining properties.
o Low intensity, energy-conserving night lighting is preferred.
o All lighting fixtures shall be from the same, or complementary, family of fixtures
with respect to design, materials, fixture color, and light color.
¡ Pole lighting shall be used within the parking areas, drive aisles, and along
pedestrian corridors provide adequate illumination for safety.
o Building-mounted lights and sconces are permissible for general illumination on
building façades, so long as the light is directed downward and concentrated so
"spill over" to other properties does not occur.
o Exterior lights should be used to accent entrances, gathering spaces, and special
features.
o Ambient tree lanterns and festoon lighting may be used within pedestrian corridors
and gathering spaces.
¡ Trees and other landscape features may be illuminated by concealed up-light
fixtures. The angle of the up-light should be no more than 25 degrees.
o All electrical meter pedestals and light switch/control equipment shall be located
with minimum public visibility if possible or shall be screened with appropriate
plant materials.
. Neon and similar types of lighting are prohibited in all areas of the Commercial
Core Planning Area.
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201.9 Amendment
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4.7.9 Signage
Intent:
The purpose of these sign guidelines is to promote an overall "sense of place" through
signage that is architecturally integrated and visually interesting.
Guidelines:
All signage shall comply with the guidelines set forth within the Master Sign Program
developed for the Commercial Core Planning Area, presented as Attachment A to this SPA.
To identify the Project with elements that convey a distinct character which
enhances the collective agrarian architectural theme.
To offer varied and creative tenant signage through application of
imaginative design treatments and distinctive logos and type styles.
To incorporate an environmental communication system categorized by sign
types: identity, directiory information, regulation, and special amenities.
To clearly identify vehicular entry points and to directvehicles to designated
parking areas.
To enhance the pedestrian experience through the design of way finding
components: directories, directional signage, and destination identifiers.
To establish the tenant sign criteria to serve as the basis of the leaseholder
submittal process for the review and approval of tenant sign proposals.
All signage shall be designed to be durable, minimize maintenance, be
energy efficient, and vandal resistant.
4.8 LANDSCAPE DESIGN
Landscape design serves as the corrunon theme that will create a cohesive integrated
development within the Commercial Core Planning Area. Additionally, landscaping acts
to visually connect the varying land uses of the area.
Plant species have been chosen for their drought tolerance, hardiness, and ability to
enhance the overall theme of the Project. The Plant Palette includes deciduous and
evergreen trees, shrubs, vines, succulents, and ground covers. The plant palette includes
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culturally significant plants introduced with the California Missions, and agricultural
species illustrated at Figures 4.8-'l.a and 4.8-1b. The Plant Palette is a suggested list, other
plants with similar characteristics may be used. The use of turf shall be limited to the
Central Green, where it can be utilized for passive recreation.
Los Rios Specific Pløn
201.9 Amendment
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Page 4-1-4
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Section 5
Consistency Analysis
Section 5
Consistency Analysis
5.1 INTRODUCTION
Table 5.L-L presents all Goals and Policies contained within each element of the City of
San Juan Capistrano General Plan. SPA consistency is noted with each. Subsequently,
Table 5.1.-2 provides a detailed analysis of the River Street Marketplace Project's
consistenry with the applicable provisions of the Los Rios Specific Plan.
Table 5.1-1
General Plan Anal
SPA ConsistencyGoals and Policies
Land Use Element
ConsistenÐ The Commercial Core
Planning Area would produce
sales and property taxes that
would be available to the help
fund the provision and
maintenance of public services
and facilities, as determined by
the Citv.
Goal l 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.
Consisten! The Commercial Core
Planning Area would produce
sales and property taxes that
would be available to the help
fund the cost of public services
and facilities, as determined by
the City.
Encourage a land use composition in San ]uan
Capistrano that provides a balance or surplus
between the generation of public revenues and the
cost of providing public facilities and services.
Policy 1.1
Consistenû 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 SPA would
improve the generation of sales
tax and property tax within the
City.
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.
Los Rios Specific Pløn
2019 Amendment
Consistency Anølysis
Pøge 5-L
Table 5.1-1
@ 201,9 Applied Plønning,Inc.
Consistency Anølysis
Pøge 5-2
General Plan
Los Rios Specific PIøn
2019 Amendment
SPA ConsistencyGoals and Policies
Not Applicable; Residential uses
are not permitted within the
Commercial Core Planning Area
(please refer to Table 3.6-1), nor is
the site located within the Mission
District.
Encourage mixed commercial and residential use
projects in the Mission District downtown area to
conserve land and provide additional housing
opportunities and population to suPPort
commercial services and retail sales.
Poliry 1.3
Consistent; A village can be
described as an area larger than a
place, but smaller than a town.
The vision for the Commercial
Core Planning Area is
encapsulated by the proposed
River Street Marketplace Project.
The Project proposes buildout of
the entire Commercial Core
Planning Area with a
comprehensively 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
Project is envisioned as a
pedestrian-oriented development,
offering communal tables for
outdoor dining, a vegetable
garden for farm-to-table inspired
dining, and other amenities. A
portion of the site is also
envísioned as a venue for
community events and activities
that foster public involvement.
Goal2 Control and direct future growth within the City to
preserve the rural village-like character of the
community.
Not Applicable; Residential uses
are not permitted within the SPA
Area (please refer to Table 3.6-1).
Development of the Commercial
Core Planning Area would not
affect implementation of the
Poliry 2.1 Continue controlling growth through the
implementation of ttLe City's residential growth
management program.
Table 5.1-1
@ 2019 Applied Planning,Inc.
Consistency Analysis
Pøge 5-3
General Plan
Los Rios Specific PIøn
2019 Amendment
SPA ConsistencyGoals and Policies
City's residential growth
management program.
Consistenû Section 4.0, Design
Guidelines, presents the following
objectives for development within
the Commercial Core Planning
Area:
. Interpret architectural
styles that are authentic and
reflect the historical character of
the region.
. Utilize materials and
colors that reinforce the overall
design theme.
o Reinforce the visual
importance of building entries
and gathering areas.
. Provide an overall
character that is compatible with
the adjacent residential uses.
Further, the vision fôr the
Commercial Core Planning Area
is encapsulated by the proposed
River Street Marketplace Project.
Project elevations and renderings
depict gabled roofs, the use of
mixed building materials,
exposed rafters, decorative
brackets, and board-and-batten
siding, consistent with Craftsman
bungalow and Califomia
vernacular board-and-batten
styles currently represented along
Los Rios Street. Please also refer to
Project elevations, presented as
Fizures 2.2-3 thr ougþ. 2.2-9.
Policy 2.2 Assure that new development is consistent and
compatible with the existing character of the City.
Consistent; Infrastructure and
utilities to serve the Commercial
Core Planning Area are discussed
at Section 2.2-12. Water, sewer/
and drainage plans are illustrated
at Fizures 2.2-15 lhroush 2.2-17.
Poliry2.3 Ensure that development corresponds to the
provision of public facilities and services.
Table 5.1-1
@ 2019 Applied Plønning, Inc.
Consistency Analysis
Pøge 5-4
General Plan Co s
Los Rios Specific PIan
20L9 Amendment
SPA ConsistencyGoals and Policies
The EIR included a detailed
analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
Not Applicable; Development of
the Commercial Core Planning
Area would not cause a
population increase within the
City. It is noted that residential
uses are not a permitted use
within the Commercial Core
Planning Area (please refer to
Table 3.6-1).
Goal3 Distribute additional population within the City
based on risk factors.
Not Applicable; "High Density" is
a term typicaily used to describe
residential land uses. Residential
uses are not permitted within the
Commercial Core Planning Area
(see Table 3.6-1). Commercial
uses, such as those proposed by
the SPA are not considered high-
density land uses.
Policy 3.1 Confine higher density land uses to the valley areas
outside of the floodplain.
Consisten! As mentioned above,
uses permitted within the
Commercial Core Planning Area
are not considered 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,
state, and federal requirements. In
addition, no quality open spaces
or natural features are located on
the site. The EIR included a
detailed analysis of all potential
environmental impacts of the
SPA; mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
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.
Table 5.1-1
@ 2019 Applied Plønning,Inc.
Consistency Anølysis
Pøge 5-5
General Plan
Los Rios Specific PIan
2019 Amendment
SPA ConsistencyGoals and Policies
Not Applicable; The Commercial
Core Area encompasses 5.86 acres
and is not considered a major area
of open space, nor does it contain
significant natural features.
Development of the Commercial
Core Planning Area would not
affect any major areas of open
space or natural features.
Goal 4 Preserve major areas of open space and natural
features.
Preserve areas of natural hazards, such as
landslides and floodplains, which would
jeopardize the public health and safety.
Not Applicable; The Commercial
Core Planning Area is not located
in an area of natural hazards. It is
noted that the elevation of a small
portion of the site will be raised to
avoid impacts in this regard (this
will be analyzed within the EIR).
Policy 4.1
Not Applicable; The
implementation of land and open
space-rights acquisition programs
is beyond the scope of the SPA.
Development of the Commercial
Core Planning Area would not
affect land and open space-rights
acquisition programs.
Policy 4.2 Implement land and open space-rights acquisition
programs to allow for the long-term preservation
of open space resources.
Not Applicable; The Commercial
Core Planning Area does not
contain any designated ridgelines,
nor would the proposed
development affect any
designated ridgelines or adjacent
areas.
Policy 4.3 Preserve designated ridgelines and the immediate
adjacent area to maintain the open space character
of the community.
Consistenf The vision for the
Commercial Core Planning Area
is encapsulated by the proposed
River Street Marketplace Project.
The Project has been designed to
serve the community with
shopping, restaurants, and
community events. It is noted that
acquiring a suitable available
parcel within the central business
district to accommodate the
Project would be challenging.
Additionally, the Commercial
Goal5 Encourage commercial development which serves
community needs and is located in the existing
central business district.
Table 5.1-1
@ 2019 Applied Planning,lnc
Consistency Anølysis
Page 5-6
General Plan
Los Ríos Specifc Plan
2019 Amendment
SPA ConsistencyGoals and Policies
Core Planning Area has been
specifically created 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.
Consisten! While acquiring a
suitable parcel within the
downtown Mission District to
accommodate the proposed land
uses would be challenging, it is
noted that the Commercial Core
Planning Area has been created to
specifically complete the buildout
of the Los Rios Specific Plan and
designed as an extension of the
downtown Mission District. The
site is located within walking
distance (approximately 500 feet)
of the Train Depot. Additionally,
the site has been designated for
low density commercial uses since
at least the 1970's.
Encourage the location and retention of businesses
within the downtown Mission District.
Policy 5.1
Consisten! The site is not an
existing underperforming
commercial center. It is noted that
the existing nursery could be
considered an underperforming
commercial use that would be
redeveloped as part of the
Commercial Core Planning Area.
Enhance or redevelop
commercial centers.
underperformingGoal6
Allow for the transition of the oversupply of
commercial land use to other economically viable
revenue producing land uses.
Consistent; This City Poliry
allows the transition of
commercial uses, if proposed. No
transition of land use type is
proposed as part of the SPA. The
Commercial Core Planning Area
is envisioned as a specialty
commercial destination that will
serve a specific niche market.
Policy 6.1
Table 5.1-1
@ 20L9 Applied Planning, lnc
Consistency Analysis
Pøge 5-7
General Plan Anal
Los Rios Specific PIan
2019 Amendment
SPA ConsistencyGoals and Policies
Consisten! The Design
Guidelines and Development
Regulations (presented at
previous Sections 3.0 and 4.0) of
the Commercial Core Planning
Area, as well as the proposed
River Street Markeþlace Project
(described at previous Section 2.0)
have been uniquely crafted to
reflect the existing character of the
community. Please also refer to
consistency comments presented
at previous Land Use Element
Polist 2.2.
GoalT Enhance and maintain the character of
neighborhoods.
Consisten! The site has been
designated (and used) for
commercial uses for over 40 years.
Uses permitted within the
Commercial Core Planning Area
(refer to Table 3.6-1) are not
considered to be non-conforming
buildings or uses. Additionally, as
detailed within the consistenry
comments to Land Use Element
Poliø¡ 2.2, presented previously,
uses proposed pursuant to the
River Street Marketplace Project
have been specifically designed to
minimize impacts to the adjacent
residential uses within the Los
Rios Historic District.
Preserve and enhance the quality of San juan
Capistrano neighborhoods by avoiding or abating
the intrusion of non-conforming buildings and
USCS.
PoIicy 7.1
Consistenf There are no physical
characteristics of the site that
would preclude development of
the Commercial Core Planning
Area.
Additionally, as detailed within
the consistency comments to Land
Use Element Policy 2.2, presented
previously, uses proposed
pursuant to the River Street
Marketplace Project have been
specifically designed to minimize
Policy 7.2 Ensure that new development is compatible with
the physical characteristics of its site, surrounding
land uses, and available public infrastructure.
Table 5.1-1
@ 20L9 Applied Planning,lnc.
Consistency Anølysis
Pøge 5-8
General Plan Anal
Los Rios Specifc Pløn
2019 Amsndment
SPA ConsistencyGoals and Policies
impacts to the adjacent residential
uses within the Los Rios Historic
District.
Available public infrastructure to
serve the Commercial Core
Planning Area was assessed as
part of the EIR process/ and no
significant impacts were
identified. Water, sewer, and
drainage plans are illustrated at
Fizures 2.2-1,5 thr oush 2.2-17 .
Not Applicable; All land uses
constructed within the
Commercial Core Planning Area
would be developed consistent
with contemporary City codes
and requirements.
Policy 7.3 Utilize programs for rehabilitation of physical
development infrastructure and undergrounding
of utilities within the City to improve community
neighborhoods.
Protect the existing population and social character
of older areas subject to rehabilitation and
redevelopment.
Consistent; The Design
Guidelines and Development
Regulations (presented at
previous Sections 3.0 and 4.0) of
the Commercial Core Planning
Area, as well as the proposed
River Street Markeþlace Project
(described at previous Section 2.0)
have been uniquely crafted to
reflect the existing character of the
community. Please also refer to
consistency comments presented
at previous Land Use Element
Policv 2.2.
Policy 7.4
Housing Element
Not Applicable; Housing of any
type is not permitted within the
Commercial Core Planning Area
(see Table 3.6-1).
Goal L Provide a broad range of housing opportunities
with emphasis on providing housing which meets
the special needs of the community.
Consistent with the Land Use Element, provide a
range of different housing types and unit sizes for
varying income ranges and lifesWles.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 1.1
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Poliry 1.2 Continue the City's program of allowing the
placement of mobile homet factory built housing
on vacant residential parcels in single family
zoning districts.
Table 5.1-1
O 201.9 Applied Plønning,Inc.
Consistency Analysis
Pøge 5-9
General Plan Anal
Los Ríos Specific Plan
201"9 Amendment
SPA ConsistencyGoals and Policies
Not Applicable; Please refer to
consistency comments provided
atHousing ElementGoal 1, above.
Policy 1.3 Encourage both the private and public sectors to
produce or assist in the production of housing with
particular emphasis on housing affordable to
persons with disabilities, elderly, large families,
female-headed households with children, veterans,
and homeless.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Poliry 1.4 Facilitate the development of second dwelling
units on single-family parcels.
Not Applicablei Please refer to
consistency comments provided
at Housing Element Goal 1, above.
To the maximum extent feasible, encourage and
provide housing opportunities for persons of lower
and moderate incomes.
Goal2
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 2.1 Encourage the development of affordable housing
through the Density Bonus, Inclusionary Housing,
and City financial assistance programs.
Not Applicable; Please refer to
consistency comments provided
atHousing ElementGoal 1, above.
Polícy 2.2 Facilitate housing development that is affordable to
extremely low-, lower-, and moderate-income
households by providing technical assistance,
regulatory incentives and concessionq expedited
development review, and financial resources as
funding permits.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 2.3 Continue to utilize federal and State subsidies, as
well as City housing in-lieu fees in a cost efficient
manner, to the fullest extent to meet the needs of
lower-income residents, including extremely low-
income residents.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 2.4 Implement affordability agreements for all housing
projects that receive financial assistance from the
City.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Encourage mixed use development on a case-by-
case basis to allow for increased housing
opportunities.
Policy 2.5
Not Applicable; The site is not
City-owned, nor is housing a
permitted use within the
Commercial Core Planning Area.
Policy 2.6 Target City owned sites available for housing
production for working families.
Promote the development of affordable and special
needs housing near transit andlor "smart growth
ateas".
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 2.7
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 2.8 Encourage energy efficient design in new and
rehabilitated development and in existing housing
units as a means to lowering housing costs.
Table 5.1-1
@ 2019 Applied Planning, Inc.
Consistency Anølysis
Pnge 5-10
General Plan
Los Rios Specific Pløn
20L9 Amendment
SPA ConsistencyGoals and Policies
Policy 2.9 Encourage collaborative partnerships to maximize
resources available for the provision of affordable
housing to lower-income households.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal L, above.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal L, above.
Goal3 Reduce or remove govemmental constraints to the
development, improvement, and maintenance of
housing where feasible and legally permissible.
Policy 3.1 Periodically review City regulationg ordinances,
permitting processes, and residential fees to ensure
that they do not constrain housing development
and are consistent with State law.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 3.2 Continue cooperative agreements, as appropriate,
with State, County and other agencies, so that
community housing needs are met to the greatest
degree possible.
Offer financial and/or regulatory incentives, where
feasible, to offset or reduce the costs of developing
quality housing affordable to a wide range of
households.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 3.3
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal L, above.
Policy 3.4 Accommodate housing needs for extremely low-
income households and special needs persons in
the City's development regulations.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Goal4 Create and maintain decent housing and a suitable
living environment for all households in the
community.
Encourage all households to maintain and
rehabilitate all housing to prevent deterioration.
Not Applicable; Please refer to
consistency comments provided
at Housing Element Goal 1, above.
Policy 4.1
Policy 4.2 Preserve all housing and neighborhoods
throughout the City in a safe environment to live,
work and play.
Not Applicable; This is a City-
wide Poliry, the implementation
of which is outside the scope of the
SPA. No housing exists within the
site, nor is housing of any type
permitted within the Commercial
Core Planning Area (see Table 3.6-
1).
Not Applicable; Housing of any
type is not permitted within the
Commercial Core Planning Area
(see Table 3.6-1).
Policy 4.3 Encourage the rehabilitation of deteriorating
houses where feasible and provide assistance when
necessary for households who cannot afford the
costs of such improvements.
Not Applicable; This Policy
ensures an adequate level of
services and facilities throughout
the City. Implementation of this
PoIicy 4.4 Provide and maintain an adequate level of services
and facilities in all areas of the City.
Table 5.1-1
General Plan Consisten
@ 2019 Applied Plønning,Inc.
Consistency Analysis
Pøge 5-L1
Anal s
Los Rios Specific Plan
2019 Amendment
SPA ConsistencyGoals and Policies
Policy is beyond the scope of the
SPA. Additionally, the EIR
included a detailed analysis of all
potential environmental impacts
of the SPA; Mitigation was
included (where applicable) to
reduce all impacts to less-than-
significant levels.
Not Applicable; Housing of any
type is not permitted within the
Commercial Core Planning Area
(see Table 3.6-1).
Goal 5 Promote equal opportunity for all residents to
reside in housing of their choice.
Not Applicable; Housing of any
type is not permitted within the
Commercial Core Planning Area
(see Table 3.6-1).
Policy 5.1 Prohibit discrimination in the sale, rental, or
financing of housing based on race, color, ancestry,
religion, national origiry sex, sexual orientatiory
gender identity, age, disability/medical condition,
familial status, marital status, source of income, or
any other arbitrary factor.
Continue efforts to facilitate the unimpeded access
to housing without consideration of arbitrary
distinctions.
Not Applicable; Housing of any
type is not permitted within the
Commercial Core Planning Area
(see Table 3.6-1).
Policy 5.2
Not Applicable; This Policy
ensures the accommodation of
persons with disabilities
throughout the City.
Implementation of this Policy is
beyond the scope of the SPA.
Policy 5.3 Accommodate persons with disabilities who seek
reasonable waiver or modification of land use
controls and/or development standards pursuant
to procedures and criteria set forth in the Zoning
Ordinance.
Not Applicable; This Policy is
directed at the City regarding
interface with law enforcement
agencies. Implementation of this
Policy is beyond the scope of the
SPA.
Policy 5.4 Continue adopted procedures whereby the City
refers apparent violations of the law to
enforcement agencies for consideration of remedial
actions.
Circulation Element
Consisten! The SPA includes the
following roadway improvements:
¡ The addition of a 2nd left
turn lane eastbound Del
Obispo to northbound
Paseo Adelanto;
o The widening of the west
side of Paseo Adelanto
from the southern
Goal l Provide a system of roâdways that meets the needs
of the community.
Table 5.1-1
@ 20L9 Applíed Plønning,Inc
Consistency Analysis
Page 5-L2
General Plan C Anal
Los Rios Specifc PIøn
20L9 Amendment
SPA ConsistencyGoals and Policies
property line to the
intersection with River
Street; and
The installation of a traffic
circle at the intersection of
Paseo Adelanto and River
Street.
Roadway improvements
implemented by the SPA help to
implement this Goal. Additionally,
the EIR included a detailed analysis
of all potential environmental
impacts of the SPA; Mtigation was
included (where applicable) to
reduce all impacts to less-than-
significant levels.
a
ConsistenU The SPA includes
roadway improvements (as
presented at Circulation Goal 1,
above) thereby helping to
implement this Policy.
Provide and maintain a Cify circulation system that
is in balance with the land uses in San Juan
Capistrano.
Poliry 1.1
Not Applicable; Implementation
of the City's Master Plan of Streets
and Highways is beyond the
scope of the SPA.
Policy 1.2 Implement the City's Master Plan of Streets and
Highways.
Not Applicable; The coordination
of City improvements with other
major transportation improvement
programs is beyond the scope of
the SPA.
Policy 1.3 Coordinate improvements to the City circulation
system with other major transPortation
improvement programs.
Consisten! The SPA includes
improvements to the City's
circulation system (as detailed at
Çirculation Goal '1, above) to
ensure sufficient levels of service
in the site vicinity.
Policy 1.4 Improve the San Juan Capistrano circulation
system roadways in concert with land
development to ensure sufficient levels of service.
Not Applicable; The Commercial
Core Planning Area is not located
adjacent to any designated arterial
roadways. Additionally, the EIR
included a detailed analysis of all
potential environmental impacts
of the SPA; Mitigation was
Policy 1.5 Improve existing arterial system that serves
regional circulation patterns in order to reduce
local congestion (Ortega Highway at I-5).
Los Rios Specific Pløn
2019 Amendment
Table 5.1-1
General Plan Consisten
@ 2019 Applied Planning,Inc.
Consistency Analysis
Page 5-13
Goals and Policies SPA Consistency
included (where applicable) to
reduce all impacts to less-than-
significant levels.
Consistenû The site is not located
immediately adjacent to any
arterial roadways, however,
certain improvefnents (as detailed
at Circulation Goal 1., presented
previously) will be completed as
part of the SPA. Additionally, the
SPA proposes safe and efficient
driveway access and parking
areas.
Poliry 1.6 Reduce the congestion along local arterial
roadways in commercial areas by driveway access
consolidation, parking area interconnections and
similar actions.
ConsistenÇ Although this Goal
addresses the City-wide
transportation network, it is noted
that the SPA includes
transportation improvements to
adjacent roadways, thereby
helping to implement this Goal.
Please refer to Circulation Goal 1,
presented previously.
GoaI2 advanced local transportationPromote and
network.
Consistent; The Commercial Core
Planning Area is siluated near
major public transportation
facilities (the San Juan Capistrano
train station and OCTA Route 91)
which acts to encourage the use of
such facilities.
Policy 2.1 Encourage the increased use and expansion of
public transportation opportunities.
Promote new employment producing
development in areas where public transit is
convenient and desirable.
Consistent; Development
implemented pursuant to the SPA
would represent "employment
producing development" in
proximity to existing bus and rail
service.
Policy 2.2
Not Applicable; Ridership is the
key determining factor in the
provision of bus service.
Development implemented
pursuant to the SPA would
represent the type of destination
that would be considered for
adding public transportation
services. However, the provision
Policy 2.3 Encourage the provision of additional regional
public transportation services and support
facilities, such as park-and-ride lots.
Table 5.1-1
@ 2019 Applied Planning, Inc
Consistency Anølysis
Pøge 5-1.4
General Plan
Los Rios Specific Plan
201-9 Amendment
SPA ConsistencyGoals and Policies
of such services within the City is
bevond the scope of the SPA.
Not Applicable; The provision of
such facilities within the City is
beyond the scope of the SPA. It is
noted that development within
the Commercial Core Planning
Area would benefit from bike
riders along the Trabuco Creek
Trail (adjacent to the site) but
would have no effect on the
nearby Trabuco Creek Trail.
Goal3 Provide an extensive public bicycle, pedestrian,
and equestrian trails network.
Provide and maintain an extensive trails network
that supports bicycles, pedestrians, and horses and
is coordinated with those networks of adjacent
jurisdictions.
Not Applicable; The provision of
such facilities within the City is
beyond the scope of the SPA. As
noted above, development within
the Commercial Core Planning
Area would have no effect on the
nearby Trabuco Creek Trail.
Policy 3.1
Goal 4 Minimize the conflict between the automobile,
commercial vehicles, pedestrians, horses, and
bicycles.
Consistenü As part of the SPA"
vehicular traffic along River Street
will be prohibited. River Street
will be transitioned from the
existing asphalt paved street to a
pedestrian pathway with a surface
that is reminiscent of the historical
past using decomposed granite or
similar material.
Consistent; The SPA would
provide such facilities along it's
Paseo Adelanto and River Street
frontaqes.
Policy 4.1 Provide sufficient right-of-way widths along
roadways to incorporate features that buffer
pedestrians, horses, and bicycles from vehicular
traffic.
Consisten! The SPA provides for
various traffic improvements
along Del Obispo Street and Paseo
Adelanto to preclude public safety
issues adjacent to the site. Please
refer to Circulation Goal L,
presented previously.
Policy 4.2 Provide traffic management improvements within
areas where through traffic creates public safety
problems.
Consistent; The SPA provides for
various traffic improvements
along Del Obispo Street and Paseo
Adelanto, as well as the provision
of safe pedestrian access via River
Poliry 4.3 Install additional street improvements within areas
where necessary to improve vehicular and non-
vehicular safety.
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Street. Please refer to Circulation
Goal 1, presented previously.
Not Applicable; The Commercial
Core Planning Area is not located
within an area with "unique
problems," nor are any "special
situations" proposed.
Policy 4.4 Apply creative traffic management approaches to
address congestion in areas with unique problems,
such as schools, businesses with drive-through
access/ and other special situations.
Not Applicable; The development
of regional transportation
facilities within the City is beyond
the scope of the SPA.
Goal5 Achieve the development of regional
transportation facilities.
Not Applicable; The
implementation of the Orange
County Master Plan of Arterial
Highways and the south Foothill
Tollway Segment is beyond the
scope of the SPA.
Policy 5.1 Support the implementation of the Orange County
Master Plan of Arterial Highways and the south
Foothill Tollway Segment (Segment CP).
Not Applicable; Coordination
with adjacent jurisdictions and
transportation agencies regarding
development projects outside of
the City is beyond the scope of the
SPA.
Poliry5.2 Work closely with adjacent jurisdictions and
transportation agencies to ensure that
development projects outside San juan Capistrano
do not adversely impact the City or other providers
of public transportation service within the City.
Not Applicable; The monitoring
of City-wide altemative
transportation programs is
beyond the scope of the SPA.
Policy 5.3 Monitor alternative transportation programs, such
as rail and bus systems providing service to the
City.
Safety Element
Consisten! Construction
documents for development
within the Commercial Core
Planning Area will be reviewed
for consistency with local, state
and federal requirements
regarding soils and geology,
seismicity, fire protection, and
flooding. Additionally, the EIR
included a detailed analysis of all
potential environmental impacts
of the SPA; Mitigation was
included (where applicable) to
reduce all impacts to less-than-
significant levels.
Goal L Reduce the risk to the community from hazards
related to geologic conditions, seismic activity,
wildfires, structural fires and flooding.
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Consistenti Please refer to
consistency comments provided
at Safety Element Goal 1, above.
Poliry 1.1 Reduce the risk of impacts from geologic and
seismic hazards by applying proper development
engineering, building constructior¡ and retrof itting
requirements.
Protect the community from flooding hazards by
providing and maintaining flood control facilities
and limiting development within the floodplain.
Consisten! A small area of the site
will be raised out of the
floodplain. This area, and the
entire SPA area as a whole, has
been designed (and will be plan
checked) consistent with the
requirements of FEMA, the City
and the Orange County Flood
Control District.
Policy 1.2
Not Applicable; The Commercial
Core Planning Area is not located
in an area of high wildfire risk.
Policy 1.3 Reduce the risk of wildfire hazards by requiring
fire retardant landscaping and project design for
development located in areas of high wildfire risk.
Consistenû Development plans
for all land uses proposed within
the Commercial Core Planning
Area will be reviewed by the
Orange County Fire Authority to
assure fire safety within the site.
Policy 1.4 Reduce the risk of fire to the community by
coordinating with the Orange County Fire
Authority.
All residential projects with more than 47 units
should be required to provide a secondary access
to the project site. The secondary access may be
desiqnated as emergency access only.
Not Applicable; Residential uses
are not a permitted use within the
Commercial Core Planning Area
(see Table 3.6-1).
Poliry 1..5
Protect the community from hazards related to air
pollutior¡ nuclear power productiory hazardous
materials, and ground transportation.
Consistenü Nuclear power
production is not a permitted use
within the Commercial Core
Planning Area; nor would any
permitted uses involve the use,
sale, or transportation of
hazardous materials that are not
packaged for commercial
consumption. The EIR included a
detailed analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
Goal2
Not Applicable; Working with
federal, state, and county agencies
to decrease basin-wide air
Poliry 2.1 Work with responsible federal, state, and county
agencies to decrease air pollution emissions
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occurring within the air basin to reduce the risk
posed by air pollution.
pollution emissions is beyond the
scope of the SPA.
Not Applicable; Reducing the
risks related to nuclear power
production is beyond the scope of
this SPA.
Poliqr 2.2 Coordinate with federal and state agencies and
Southern Califomia Edison to reduce the risks
related to nuclear power production.
Policy 2.3 Coordinate with responsible federal, state, and
county agencies to minimize the risk to the
community from the use and transportation of
hazardous materials through the City.
Not Applicable; The coordination
with responsible agencies to
minimize hazards throughout the
City is beyond the scope of the
SPA.
Not Applicable; As a commercial
development, reducing household
hazardous waste within the City is
beyond the scope of the SPA.
Polícy 2.4 Reduce the per capita production of household
hazardous waste in San Juan Capistrano in concert
with the County of Orange plans for reducing
hazardous waste.
Not Applicable; Uses involving
significant ground transportation
hazards are not permitted within
the Commercial Core Planning
Area (refer to Table 3.6-1).
Poliry 2.5 Reduce the risk from ground transportation
hazards, such as rail and roadways systems.
Goal3 Protect citizens and businesses from criminal
activity.
ConsistenU The environmental
review process provided the
opportunity for the Sheriff's
Department to comment on
various aspects of the Commercial
Core Planning Area, as well as
specific River Street Markeþlace
features. This coordination
assures that the SPA contains
defensible spaces and does not
promote criminal activities.
Consisten! Please refer to
consistency comments presented
at Safety Element Goal 3, above.
Policy 3.1 Coordinate with the Orange County Sheriff's
Department to reduce the risk of criminal activity.
Policy 3.2 Apply design techniques and standards aimed at
reducing criminal activity to new development and
redevelopment.
Consisten! Please refer to
consistency comments presented
at Safety Element Goal 3, above.
Policy 3.3 Promote after school programs, volunteer
programs and Neighborhood Watch programs to
reduce the risk of criminal activity.
Not Applicable; The promotion of
City-wide after school programs/
volunteer programt and
Neighborhood Watch programs is
beyond the scope of the SPA.
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SPA ConsistencyGoals and Policies
Not Applicable; Public awareness
of City-wide criminal activity and
response times is beyond the
scope of the SPA.
Improve public awareness of both the
responsiveness of the Orange County Sheriff's
Department and ways to reduce criminal activity
within the City.
Policy 3.4
Not Applicable; Improving City
response to emergencies is
bevond the scope of the SPA.
Improve the ability of the City to respond
effectively to natural and human-caused
emergencies.
Goal4
Not Applicable; City management
of emergenry situations is beyond
the scope of the SPA.
Support the development of local preparedness
plans and multi-jurisdictional cooperation and
communication for emergency situations
consistent with the Standard Emergenry
Management System (SEMS).
Policy 4.1
Not Applicable; The education of
City residents and businesses is
beyond the scope of the SPA.
Policy 4.2 Educate residents and businesses regarding the
appropriate actions to safeguard life and property
during and immediately after emergencies.
Conservation and Open Space Element
Not Applicable; The Commercial
Core Planning Area is not
designated as an open space
resource.
Goal l Preserve and enhance open space resources.
Not Applicable; The Commercial
Core Planning Area is not
designated as open space and has
been in commercial use for over 40
years. identifying areas which
should be reserved and enhanced
as open space resources within the
City is beyond the scope of the
SPA.
Poliry 1.1 Identify remaining areas which should be reserved
and enhanced as open space resources.
Not Applicable; The Commercial
Core Planning Area is not
designated as open space and has
been in commercial use for over 40
years. The preservation of open
space resources within the City is
beyond the scope of the SPA.
Policy 1.2 Continue to implement land and open space-rights
acquisition of appropriate properties to allow for
the long-term preservation of oPen space
resources.
Not Applicable; The identification
and implementation of open space
funding programs within the City
is beyond the scope of the SPA.
Identify and implement funding programs to
maintain open space lands.
Policy 1.3
Consistenf The Commercial Core
Planning Area does not contain
any important ecological and
Goal2 Protect and preserve important ecological and
biological resources.
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biological resources. The EIR
included a detailed analysis of all
potential environmental impacts
of the SPA; Mitigation was
included (where applicable) to
reduce all impacts to less-than-
significant levels.
Consistenf Refer to consistency
comments provided at
Conservation and Open Space
Element Goal2, above.
Policy 2.1 Use proper land use planning to reduce the impact
of urban development on important ecological and
biological resources.
ConsistenÇ Refer to consistenry
comments provided at
Conservation and Open Space
Element GoaI2, above.
Preserve important ecological and biological
resources as oPen sPace.
Policy 2.2
Not Applicable; Open space uses
are not a permitted use within the
Commercial Core Planning Area
(see Table 3.6-1).
Policy 2.3 Develop open space uses in an ecologically
sensitive manner.
Continue to designate the City as a bird sanctuary
to preserve and protect the populations of all
migratory birds which serve as a prime resource to
the character and history of the community.
Not Applicable; The designation
of the City as a bird sanctuary is
beyond the scope of the SPA.
PoIicy 2.4
Not Applicable; The Commercial
Core Planning Area has been used
as a commercial nursery for years.
Although large scale agricultural
uses are not proposed as part of
the SPA, the proposed design
theme reflects the agrarian history
of San Iuan Capistrano.
Goal3 Preserve existing agricultural activity
Not Applicable; The
implementation of economic
programs within the City is
beyond the scope of the SPA. It is
also noted that the Commercial
Core Planning Area is not a
designated agricultural parcel.
Policy 3.1 Implement economic programs that promote the
long-term viability of designated agricultural
parcels within the City.
No Applicable; The Commercial
Core Planning Area is not located
proximate to any agricultural use.
Reduce the negative impacts resulting from urban
uses and neighboring agricultural uses in close
proximity.
Policy 3.2
Consistent; The Commercial Core
Planning Area is not located in an
area that should be preserved for
Goal 4 Prevent incompatible development in areas which
should be preserved for scenic, historic,
conservation, or public safety purposes.
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scenic, historic, conservatiory or
public safety purposes. However,
the site is immediately adjacent to
the Los Rios Historic District and
as such, the SPA includes
development regulations (Section
3.0) and design guidelines
(Section 4.0) meant to minimize
impacts to the District through the
requirement of enhanced
landscaped setbacks and
screening (refer to Table 3.6-2,
Commerciøl Core Planning Area
Deaelopment Standards), and
fencing (refer to Section 2.2.9,
Fencing and Figure 2.2-12, Fencing
PIan). Specifically, the easterly
setback combined with the
strategic placement of buildings,
as illustrated at Figure 2.2-2, Site
PIan, acts to shield adjacent
residential uses from operational
activity associated with land uses
proposed under the SPA.
Additionally, primary vehicular
access to the site would be
provided by Paseo Adelanto,
which encourages traffic away
from the heart of the District.
Assure incompatible development is avoided in
those areas which are designated to be preserved
for scenic, historic, conservation, or public safety
purposes.
Consisten! Please refer to
consistency comments provided
at Conservation and Open Space
Element Goal 4, above.
Poliry 4.1
Consisten! The Commercial Core
Planning Area represents a logical
continuation of growth in the area.
The site is located adjacent to the
Los Rios Historic District (a local
destination), proximate to the
train statiory the downtown area/
and within walking distance to the
Mission San ]uan Capistrano. The
site has also been desiqnated for
Goal5 Shape and guide development in order to achieve
efficient growth and maintain community scale
and identity.
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commercial uses since the creation
of the Los Rios Specific Plan.
Consistent; The SPA has been
designed as a low density,
specialty retail and entertainment
destination. The design 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 proposed various
land uses.
Policy 5.1 Encourage high-quality design in new
development
and redevelopment to maintain the low-density
character of the City.
Consistenù The Commercial Core
Planning Area is located adjacent
to the Los Rios Historic District
and has been designed to enhance
the District via sensitive site
planning, architecture and
landscaping treatments. Please
refer to consistency comments
provided at Conservation and
Open Space Element Goal 4,
presented previously.
Additionally, historic River Street
has been integrated into the site
design as a major component of
pedestrian circulation.
Policy 5.2 Ensure that new development integrates and
preserves areas designated for scenic, historic,
conservatiory or public safety reasons.
Ensure that no buildings will encroach upon any
ridgeline designated for preservation.
Not Applicable; The Commercial
Core Planning Area is not located
on or adjacent to a ridgeline.
Poliry 5.3
ConsistenÇ The EIR included a
detailed analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
Goal6 Improve air quality
Cooperate with the South Coast Air Quality
Management District and Southem Califomia
Association of Governments in their efforts to
implement the regional Air Quality Management
Plan.
Consisten! Both the South Coast
Air Quality Management District
and the Southem Califomia
Association of Govemments were
provided the opportunity to
review and comment on the Air
Poliry 6.1
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SPA ConsistencyGoals and Policies
Quality Impact Analysis prepared
for the SPA.
Consisten! The SPA is required to
comply with applicable regional
air quality management, planning
programs/ and enforcement
measures. Additionally, the Air
Quality Impact Analysis included
mitigation measures to address
potentially significant impacts, as
necessary.
PoIícy 6.2 Cooperate and participate in regional air quality
management planning, programs, and
enforcement measures.
Consisten! The SPA includes
improvements to both Del Obispo
Street and Paseo Adelanto to
improve traffic flow in the site
vicinity. Please refer to Circulation
Goal L, presented previously.
Policy 6.3 Implement City-wide traffic fl ow improvements.
Achieve a greater balance between jobs and
housing in San ]uan Capistrano.
Consistent; Land uses permitted
within the Commercial Core
Planning Area would provide
employment opportunities within
the City.
Poliry 6.4
Consistenf An Air Quality Impact
Analysis was completed as part of
the environmental review process.
A.y recommended mitigation
measures are contained within the
Mitigation Monitoring Plan
prepared as part of the EIR.
Policy 6.5 Integrate air quality planning with land use and
transportation planning.
Consistent; The SPA includes
energy-saving and sustainable
design features and operational
programs/ as presented at Section
2.2.15. Additionally, SPA
consistency with the City of San
|uan Source Reduction and
Rerycling Element is required, as
well as an SPA-specific rerycling
program consistent with AB 341.
Policy 6.6 Promote energy conservation and rerycling by the
public and private sectors.
Protect water quality ConsistenU The SPA includes a
storm water management system
to manage runoff and protect the
quality of receiving waters. Please
refer to Section 2.2.12.2, Storm
GoalT
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SPA ConsistencyGoals and Policies
Water Manøgement Systems, and
Figure 2.2-17, Drøínøse Plan.
Not Applicable; The coordination
of water quality and supply
programs is beyond the scope of
the SPA.
Poliry 7.1 Coordinate water quality and supply programs
with the responsible water agencies.
Encourage the production and use of recycled
water.
Consisten! The Project will be
designed to incorporate the use
recycled water when it becomes
available to the site.
Policy 7.2
Conserve and protect watershed areas.Consisten! The SPA will
implement a Water Quality
Management Plan that will
demonstrates compliance with
collecting onsite storm water,
clarifying the water through a
series of underground chambers
and releasing treated water into
the storm drain system. This
system will assure that sediments
and grease/oil from the parking
lot does not make into the storm
drain system and to the ocean. As
required by state law,
implementation of the WQMP
serves to protect the downstream
watershed areas. It is also noted
that the EIR included a detailed
analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
Policy 7.3
Not Applicable; The
establishment and achievement of
community goals is beyond the
scope of the SPA.
Goal S Encourage active citizen involvement to establish
and achieve community goals.
Consisten! Although the SPA is
not a "major public and
regulatory program," it is noted
that the Applicant has undertaken
an extensive and ongoing public
participation component.
Policy 8.1 Solicit citizen participation during the early stages
of major public and regulatory programs.
Table 5.1-1
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SPA ConsistencyGoals and Policies
Consistenû In addition to an
extensive public outreach
program, the Applicant has
created and maintained a website,
created a video and a scale model
of the SPA, and maintains
ongoing press releases to
disseminate updated public
information.
Policy 8.2 Develop appropriate vehicles, such as newsletters,
information brochures, cable television
programming and announcements, and other
methods, to communicate important information
to the population of San juan Capistrano.
Noise Element
Minimize the effects of noise through proper land
use planning.
Consistenû The SPA includes
development regulations (Section
3.0) and design guidelines
(Section 4.0) meant to minimize
noise impacts to adjacent uses
through the requirement of
enhanced landscaped setbacks
and screening (refer to Table3.6-2,
CommerciøI Core Plønning Area
Deaelopment Standørds), and
fencing (refer to Sectton 2.2.9,
Fencing and Figure 2.2-12, Fencing
Plan). Specifically, the easterly
setback combined with the
strategic placement of buildings,
as illustrated at Figure 2.2-2, Site
Pløn, acts to shield adjacent uses
from operational noise associated
with land uses proposed under
the SPA. It is also noted that the
EIR included a detailed analysis of
all potential environmental
impacts of the SPA; Mitigation
was included (where applicable)
to reduce all impacts to less-than-
significant levels.
Goal l
Utilize noise/land use compatibility standards as a
guide for future planning and development
decisions.
Consistent; The EIR utilized the
City's noise/land use
compatibility standards when
assessing the environmental
impacts of the SPA; Mitigation
was included (where applicable)
to reduce all impacts to less-than-
significant levels.
Policy 1.1
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Poliry 1.2 Provide noise control measures and sound
attenuating construction in areas of new
construction or rehabilitation.
ConsistenU As discussed at Noise
Element Goal 1., above, the SPA
has been designed to minimize
noise impacts to neighboring
properties. Additionally, the EIR
included a detailed analysis of all
potential environmental impacts
of the SPA; Mitigation was
included (where applicable) to
reduce all impacts to less-than-
significant levels.
Consistenü Please refer to
consistency comments provided
at Noise Element Policy 1.2,
above.
Goal2 Minimize transportation-related noise impacts.
Consistenf Please refer to
consistency comments provided
at Noise Element Policy 1.2,
above.
Poliry 2.1 Reduce transportation-related noise impacts to
sensitive land uses though the use of noise control
measures.
Consistent; The SPA has been
designed in a manner to buffer
adjacent residential properties
from delivery and service
vehicles. More specifically,
delivery and service vehicles
would access the site via Paseo
Adelanto. Intervening site
features, such as buildings and
landscaping, would act to shield
neighboring properties. The EIR
included a detailed analysis of all
potential environmental impacts
of the SPA; Mitigation was
included (where applicable) to
reduce all impacts to less-than-
significant levels.
Policy 2.2 Control truck traffic routing to reduce
transportation-related noise impacts to sensitive
land uses.
Poliry 2.3 Incorporate sound-reduction design in
development projects impacted by transportation-
related noise.
Not Applicable; This Poliry is
directed to new residential
receptors. Commercial uses
permitted within the Commercial
Core Planning Area are not
considered noise sensitive uses.
Oppose airport operations that will result in
excessive noise from overflights.
Not Applicable;
operations are not
Airport
permitted
Policy 2.4
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SPA ConsistencyGoals and Policies
within the Commercial Core
Planning Area; nor are such
facilities a component of the SPA.
Additionally, Commercial uses
permitted within the Commercial
Core Planning Area are not
considered noise sensitive uses
that would be significantly
affected by airport operations.
Consistent; Please refer to
consistency comments provided
at Noise Element Policy 1.2,
presented previously.
Goal3 non-transportation-related norseMinimize
impacts.
Consistent; Please refer to
consistency comments provided
at Noise Element Policy 1.2,
presented previously.
Policy 3.1 Reduce the impacts of noise-producing land uses
and activities on noise-sensitive land uses.
Not Applicable; This Policy is
directed to new residential
receptors. Commercial uses
permitted within the Commercial
Core Planning Area are not
considered noise sensitive uses.
Poliry 3.2 Incorporate sound-reduction design in new
construction or rehabilitation projects impacted by
non-transportation-related noise.
Cultural Resources Element
Preserve and protect historical, archaeological, and
paleontological resources.
Consisten! The EIR included a
detailed analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
Goal l
Consistent; The EIR included a
detailed analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
Policy 1.1 Balance the benefits of development with the
project's potential impacts to existing cultural
resources.
ConsistenU The EIR included a
detailed analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
Identify, designate, and protect buildings and sites
of historic impact.
Policy 1.2
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impacts to less-than-significant
levels.
Identify funding programs to assist private
property owners in the preservation of buildings
and sites of historic importance.
Not Applicable; The identification
of funding programs to assist
private property owners
throughout the City is beyond the
scope of the SPA.
Policy 1.3
Community Design Element
Consistenü The SPA has been
carefully designed to further the
sense of uniqueness that exists
within the City of San |uan
Capistrano. Themed buildings
provide character, and
incorporate architectural styles
currently represented along Los
Rios Street (as illustrated within
the elevations, presented as
Figures 2.2-3 through 2.2-9. The
landscape palette includes
culturally significant plants
introduced with the California
Missions, and helps to convey a
cohesive development, both
intemally and with adjacent land
uses. Refer also to Figures 4.8-1a
and 4.8-1b.
Goal L Encourage and preserve a sense of place.
Preserve significant amounts of land and
important natural features for open space.
Not Applicable; The site is
designated for commercial uses
and does not encompass a
significant amount of land (5.86
acres). It is noted that existing
heritage trees and a cactus will be
preserved as part of the SPA.
Policy 1.1
Consisten! The Project has been
uniquely scaled, through
architecture, and landscaping, to
attract downtown visitors and
enhance the adjacent Los Rio
Historic District and the City as a
whole. Parking areas have been
placed along the periphery of the
site, with inviting pathways
leadins into the core of the
Policy 1.2 Encourage high-quality and human scale design in
development to maintain the character of the City.
Table 5.1-1
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2019 Amendment
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development. Pathways feature
attractive accent lighting,
fountains, and ample shaded
seating for pedestrians. Each
themed building relates to human
scale through the use of design
features such as windows,
awnings, balconies, and railings
that visually delineate human
scale spaces. Interesting textured
building materials and attention
to detail to provide visual variety.
Four of the five buildings
proposed by the River Street
Marketplace Project are single
story, and walking distances
between the various uses have
been designed with the human
scale in mind.
Consisten! The Applicant has
developed a robust outreach
component to foster community
invoivement.
Policy 1.3 Encourage the participation by all members of the
community in activities which promote the City
and create local pride.
Consisten! The SPA has been
uniquely designed, through
architecture and landscaping, to
enhance the adjacent Los Rio
Historic District and the City as a
whole. Please refer to consistency
comments presented at
Community Design Element Goal
1, presented previously.
Goal2 Preserve the historic character of the community
Consistent; The SPA has been
uniquely designed, through
architecture and landscaping, to
enhance the adjacent Los Rio
Historic District and the City as a
whole. Please refer to consistency
comments presented at
Community Design Element Goal
1, presented previouslv.
Policy 2.1 Encourage development which complements the
City's traditional, historic character through site
desigrr, architecture, and landscaping.
Preserve and enhance natural features.Not Applicable; No significant
natural features would be affected
Goal3
Table 5.1-1
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General Plan Anal
Los Rios Specific PIan
20L9 Amendment
SPA ConsistencyGoals and Policies
by development of the
Commercial Core Planning Area.
Limit development of important natural
characteristics such as ridgelines, unique hillside
features and creeks.
Not Applicable; The site does not
contain (nor would the SPA affect)
any natural characteristics, such
as ridgelines, unique hillside
features or creeks.
Poliry 3.1
Not Applicable; The site does not
contain any natural features that
lend themselves to recreational
use.
Policy 3.2 Encourage the recreational use of natural features,
such as hillsides and creeks.
Not Applicable; The site does not
contain scenic transportation
corridors. The preservation and
enhancement of such facilities is
beyond the scope of the SPA.
Policy 3.3 Preserve and enhance scenic transportation
corridort including Interstate 5 and the railroad.
Not Applicable; No important
viewsheds would be affected by
the SPA.
Policy 3.4 Preserve important viewsheds.
Growth Management Element
Consisten! While assuring
economic efficiency in the
provision of public services and
infrastructure is beyond the scope
of the SPA, it is noted that the site
has been used for commercial
activities for over 40 years and is
located adjacent to existing
development. All costs for
assuring services are available to
the site will be bome by the
developer.
Goal l Coordinate rational and orderly growth that
assures the economic and efficient provision of
public services and infrastructure to new
development.
Not Applicable; The
implementation of service
standards for public services and
infrastructure is beyond the scope
of the SPA.
Policy 1.1 Continue to implement service standards for
public services and infrastructure which provide
sufficient services to community residents and
businesses.
Consistenf Development within
the Commercial Core Planning
Area will create a net economic
benefit to the City through the
generation of sales tax revenues
and increased property tax
revenue. The required payments
of development impact fees offset
Policy 1.2 Approvê only those development proposals for
which there is sufficient funding through the
developer, City, or other agency to provide a level
of public service and infrastructure which meet
established goals.
Los Rios Specific PIøn
2019 Amendment
Table 5.1-1
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@2019 Applied Planníng, Inc.
Consistency Analysis
Pnge 5-30
SPA ConsistencyGoals and Policies
the provision of public services to
the site.
Not Applicable; The monitoring
of City-wide growth is beyond the
scope of the SPA.
Monitor growth to assure that service standards
are achieved.
Poliry 1.3
Not Applicable; The provision of
regional transportation facilities is
beyond the scope of the SPA.
Goal2 Provide sufficient regional transportation facilities.
Not Applicable; Coordination
with transportation agencies to
obtain City-wide transportation
funding and facilities is beyond
the scope of the SPA.
Policy 2.1 Work closely with the OCTA, Caltrans,
surrounding jurisdictions, and other transportation
agencies to obtain needed transportation funding
and facilities.
Not Applicable; The expansion of
regional public transportation
facilities is beyond the scope of the
SPA.
Encourage the expansion of alternative means of
regional public transportation.
Policy 2.2
Consisten! Land uses permitted
within the Commercial Core
Planning Area, and proposed by
the River Street Marketplace
Project, are consistent with the
uses originally envisioned for the
site within the Los Rios Specific
Plan. The site has been designated
for commercial uses since at least
the 1970's. The SPA has been
specifically designed to complete
the buildout of the Los Rios
Specific Plan.
Provide for a balance of jobs and housing through
land use planning.
Coal 3
Not Applicable; City-wide land
use decision-making is beyond the
scope of the SPA.
Policy 3.1 Consider jobslhousing balance in the City and
region as a factor in land use decision-making.
Not Applicable; The coordination
and cooperation with public
agencies to address regional
issues is beyond the scope of the
SPA.
Goal4 Coordinate and cooperate with other public
agencies to address regional issues and
opportunities.
Not Applicable; The participation
with public agencies to address
regional issues is beyond the
scope of the SPA.
Participate with other public agencies in
cooperative efforts to address important regional
issues.
Policy 4.1.
Table 5.1-1
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General Plan
Los Rios Specific Plan
2019 Amendment
SPA ConsistencyGoals and Policies
Not Applicable; The monitoring
of development in adjacent
communities is beyond the scope
of the SPA.
Poliry 4.2 Monitor major new developments proposed in
adjacent communities to ensure that impacts to San
|uan Capistrano are mitigated.
Park and Recreation Element
Not Applicable; The provision of
park and recreational facilities is
not part of the SPA, nor does a
commercial project create
significant demands for these
facilities.
Provide, develop, and maintain ample park and
recreational facilities that provide a diversity of
recreational activities.
Goal 1
Not Applicable; The identification
of the community's recreational
needs is beyond the scope of the
SPA.
Policy 1.1 Coordinate with local groups to identify and meet
the community's recreational needs.
Not Applicable; Coordination
with outside agencies for the
development of regional parks
and regional linkages is beyond
the scope of the SPA.
Poliry 1.2 Work with the County and other agencies'
planning for the development of regional parks
and regional linkages which will be accessible to
City residents.
Not Applicable; The identification
and implementation of
recreational funding programs is
bevond the scope of the SPA.
Identify and implement funding programs to
maintain and expand park and recreational
facilities.
Policy 1.3
Develop and maintain a balanced system of public
and private recreational lands, facilities, and
programs to meet the needs of the community.
Not Applicable; The development
and maintenance of a balanced
City-wide system of public and
private recreational lands,
facilities, and programs is beyond
the scope of the SPA.
Policy 1.4
Not Applicable; The operation
and maintenance of public park
and recreational facilities within
the City is beyond the scope of the
SPA.
Policy 1.5 Operate and maintain public park and recreational
facilities in a manner that ensures safe and
convenient access for all members of the
community.
Not Applicable; The accessibility
of existing open space areas
within the City is beyond the
scope of the SPA.
Policy 1.6 Increase the accessibility of existing open sPace
areas for recreational activities.
Not Applicable; The provision of
parkland improvements and
facilities is beyond the scope of the
SPA.
Policy 1.7 Provide parkland improvements and facilities that
are durable and economical to maintain.
Table 5.1-L
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Consistency Analysis
Page 5-32
General Plan C Anal
Los Rios Specific PIan
2019 Amendment
SPA ConsistencyGoals and Policies
Policy 1.8 Publicize park and recreation opportunities in San
Juan Capistrano to the community.
Not Applicable; Publicizing park
and recreational facilities is
beyond the scope the SPA.
Utilize existing public utility easements for
recreation and open space.
Not Applicable; The SPA does not
include any public utility
easements.
Policy 1.9
Not Applicable; Development
within the Commercial Core
Planning Area would not affect
the existing trail system and the
development and expansion of
such facilities is beyond the scope
of the SPA.
Goal 2 Develop and expand the existing bicycle, hiking,
and equestrian trail system and facilities.
Policy 2.1 Develop and expand the existing trails network
that supports bicycles, pedestrians, and horses, and
coordinate linkages with those networks of
adjacent jurisdictions.
Not Applicable; Development
within the Commercial Core
Planning Area would not affect
the existing trail system and the
development and expansion of
such facilities is beyond the scope
of the SPA.
Not Applicable; The designation
of land for the preservation or
provision of new equestrian
facilities is beyond the scope of the
SPA.
Policy 2.2 Preserve the equestrian lifestyle by designating
land for the preservation or provision of new
equestrian facilities.
Not Applicable; Development
within the Commercial Core
Planning Area will not impact the
affordable provision of equestrian
facilities.
Policy 2.3 Encourage the affordable provision of equestrian
facilities within the City.
Not Applicable; The impact of
adjacent cities' residents on the
City's recreational facilities is
beyond the scope of the SPA.
Goal3 Reduce the impact of adjacent cities' residents on
San Juan Capistrano's recreational facilities.
Policy 3.1 Develop and implement programs which
distribute
the cost of building and maintaining recreational
facilities to the actual users with credit to City
residents for past and current payment for
providing facilities through Measure "D" bonds.
Not Applicable; The development
and implementation of programs
to fund the building and
maintenance of City-wide
recreational facilities is beyond
the scope of the SPA.
Table 5.1-1
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General Plan Anal
Los Rios Specific Plan
2019 Amendment
SPA ConsistencyGoals and Policies
Public Services and Utilities Element
Consistenü Coordination with the
Orange County Sheriff's
Department undertaken through
the typical environmental review
and entitlement process will
assure adequate service to the site.
New sales tax and property taxes
will provide funding for
additional services.
Goal l Work with the Orange County Sheriff's
Department to provide a sufficient level of law
enforcement.
Work closely with the Orange County Sheriff's
Department in determining and meeting
community needs for law enforcement services.
Consistent; Although the
community-wide provision of law
enforcement services is beyond
the scope of the SPA, it is noted
that coordination with the Orange
County Sheriff's Department
undertaken through the typical
environmental review and
entitlement process will assure
adequate service to the site. New
sales tax and property taxes will
provide funding for additional
services.
Policy 1.1
Policy 1.2 Periodically evaluate the level of law enforcement
service to ensure that San Juan Capistrano has
appropriate levels of law enforcement services.
Not Applicable; Evaluating the
levels of law enforcement services
within the City is beyond the
scope of the SPA.
Work with the Orange County Fire Authority to
provide a sufficient level of fire protection.
Consistenf Coordination with the
Orange County Fire Authority
undertaken through the typical
environmental review and
entitlement process will assure
adequate service to the site. New
sales tax and property taxes will
provide funding for additional
services.
Goal2
Work closely with the Orange County Fire
Authority in determining and meeting community
needs for fire protection services and facilities.
ConsistenÇ Although the
community-wide provision of fire
protection services is beyond the
scope of the SPA, it is noted that
coordination with the Orange
County Fire Authority
undertaken through the typical
environmental review and
Poliry 2.1
Table 5.1-1
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Consistency Anølysis
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General Plan Anal
Los Rios Specific PIøn
20L9 Amendment
SPA ConsistencyGoals and Policies
entitlement process will assure
adequate service to the site. New
sales tax and property taxes will
provide funding for additional
services.
Not Applicable; Evaluating the
Ievels of fire protection services
within the City is beyond the
scope of the SPA.
Policy 2.2 Periodically evaluate the level of fire protection
service to ensure that San ]uan Capistrano has
appropriate levels of fire protection services.
Not Applicable; Commercial
facilities implemented within the
Commercial Core Planning Area
would not significantly impact
school facilities. Additionally, the
adequate provision of these
services is beyond the scope of the
SPA.
Work effectively with the Capistrano Unified
School District to provide a sufficient level of
public education.
Goal3
Not Applicable; Commercial
facilities implemented within the
Commercial Core Planning Area
would not significantly impact
school facilities. Meeting
community needs for public
education and related activities is
beyond the scope of the SPA.
Policy 3.1 Work closely with the Capistrano Unified School
District in determining and meeting community
needs for public education and related activities.
Not Applicable; Commercial
facilities implemented within the
Commercial Core Planning Area
would not significantly impact
school facilities. Investigating
potential locations and funding
sources for these services is
beyond the scope of the SPA.
Policv 3.2 Work with Capistrano Unified School District in
investigating potential locations and funding
sources for new schools, including a future high
school.
Consistenf While the provision of
sufficient City-wide community
facilities is beyond the scope of the
SPA, it is noted that the Central
Green area proposed under the
SPA is envisioned as a venue for
community events and activities
that foster community
involvement.
Goal4 Provide sufficient community facilities.
Table 5.1-1,
O 2019 Applied Plønníng, Inc.
Consistency Annlysis
Pøge 5-35
General Plan Anal
Los Rios Specific Plan
201.9 Amendment
SPA ConsistencyGoals and Policies
Consisten! Refer to consistency
comments to Public Services and
Utilities Element Goal 4, above.
Work closely with community groups in providing
community facilities which meet the needs of the
community.
Policy 4.1
Not Applicable; The provision of
sufficient library facilities and
services is beyond the scope of the
SPA.
Goal5 Work closely with the Orange County Public
Library to provide a sufficient level of library
facilities and services.
Not Applicable; Commercial
facilities implemented within the
Commercial Core Planning Area
would not significantly impact
library services. The adequate
provision of these services is
beyond the scope of the SPA.
Work closely with the Orange County Public
Library in determining and meeting community
needs for library facilities and services, including
hours of operation.
Policy 5.1
Consisten! Although the
provision of sufficient levels of
water and sewer seryice to meet
the needs of the community is
beyond the scope of the SPA, the
environmental review and
entitlement process will assure
adequate service to the
Commercial Core Planning Area.
Provide sufficient levels of water and
service.
sewerGoal6
Consistent; Although the
provision of sufficient levels of
water and sewer service to meet
the needs of the community is
beyond the scope of the SPA, the
environmental review and
entitlement process will assure
adequate service to the
Commercial Core Planning Area.
Provide sufficient levels of water and sewer service
to meet the needs of the community.
Policy 6.1
ConsistenU The environmental
review and entitlement process
will assure adequate service to the
Commercial Core Planning Area.
Work effectively with providers of natural gas,
electricity, telephone, cable television and solid
waste disposal to provide sufficient levels of these
services.
GoaIT
Consisten0 The environmental
review and entitlement process
will assure adequate service to the
Commercial Core Planning Area.
Work closely with providers of energy/
communications and solid waste disposal in
determining and meeting the needs of the
community for energy, communications and solid
waste disposal.
Policy 7.1
Consistent; The SPA includes
energy-saving and sustainable
design features and operational
Policy 7.2 Encourage energy efficient development.
Table 5.1-1
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Consistency Analysís
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General Plan
Los Rios Specific Pløn
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SPA ConsistencyGoals and Policies
programs that will be
incorporated into all facilities
developed pursuant to the SPA,
including the Califomia Green
Building Standards Code
(CALGreen; CC& Title 24 Part 11)
as implemented by the City of San
]uan Capistrano. Please refer to
Section 2.2.1,5, Energy
E f fr ci en cv / S u s t øin ab ilitu .
Not Applicable; Expansion of
telecommunication capabilities is
bevond the scope of the SPA.
Encourage the expansion of telecommunications
capabilities to promote economic development of
the community.
Policy 7.3
Reduce the per capita production of solid waste in
San Juan Capistrano in concert with the City's
Source Reduction and Recycling Element.
Consistent; The SPA is required to
be consistent with the City of San
Juan Source Reduction and
Recycling Element, and also
required to develop a rerycling
program consistent with AB 341.
Policy 7.4
Floodplain Management Element
Protect life and property from floodwaters.Consistenü The SPA proposes to
raise the elevation of a portion of
the site to remove the portion
from the floodplain. The EIR
included a detailed analysis of all
potential environmental impacts
of the SPA; Mitigation was
included (where applicable) to
reduce all impacts to less-than-
significant levels.
Goal l
Consistenf Please refer to
consistency comments provided
at Floodplain Management
Element Goal 1, above.
Policy 1.1 Limit development within the floodplain to
minimize risks to life and property and satisfy the
flood insurance and other requirements of the
Federal Emergency Management Agency (FEMA).
ConsistenU The SPA does not
propose the placement of
unauthorized fill material in
creeks and floodplains.
Policy 1.2 Prevent the placement of unauthorized fill material
in creeks and floodplains in order to avoid
alteration of flow characteristics and bridge scour.
Consistenü Please refer to
consistency comments provided
at Floodplain Management
Element Goal 1., presented
previously.
Poliry 1.3 Construct new flood protection improvements
where determined necessary by the City, County
and Army Corps of Engineers.
@ 2019 Applied Planning, Inc.
Table 5.1-1
General Plan
Table 5.1-2 presents all Goals and Policies contained within the Los Rios Specific Plan.
Consistency of the River Street Marketplace Project with each is also presented.
Los Rios Specific PIøn
20L9 Amendment
Consistency AnøIysis
Page 5-37
SPA ConsistencyGoals and Policies
Not Applicable; No bridges
would be affected by the
development within the
Commercial Core Planninq Area.
Policy 1.4 Improve existing bridges to improve the flow of the
associated streams.
Preserve and enhance the natural character of the
creeks and their floodplains.
Not Applicable; Development of
the Commercial Core Planning
Area would not affect a creek.
Goal2
Not Applicable; No creek
improvements are necessary as
part of the development of the
Commercial Core Planning Area.
Policy 2.1 Use environmentally sensitive treatments where
creek improvements are necessary to preserve
wetlands.
Enhance and/or restore the creeks and their
floodplains as part of private development projects
and public works proiects.
Not Applicable; Development of
the Commercial Core Planning
Area would not affect a creek.
Policy 2.2
Not Applicable; Flood protection
improvements for stream banks
are not a component of the SPA.
Policy 2.3 Flood protection improvements for stream banks
are encouraged to use linings such as soil, cement,
"armorflex". Earth covered rip rap, or other
environmentally sensitive treatments that provide
effective and durable flood protection.
Not Applicable; Development of
the Commercial Core Planning
Area would not affect any
recreational amenities adjacent to
a creek.
Goal3 Preserve and enhance recreational opportunities
and amenities provided by the creeks and their
floodplains.
Not Applicable; The Commercial
Core Planning Area does not
contain park or recreation uses
adjacent to a creek.
Policy 3.1 Preserve existing park and recreational land uses
adjacent to all creeks.
Not Applicable; The Commercial
Core Planning Area does not
include any bridges; nor are any
bridges proposed as part of the
SPA.
Poliry 3.2 Construct birycle and equestrian trails beneath
bridges, as well as safe trails on bridges.
Los Rios
Table 5.1-2
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Consistency Analysis
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Los Rios Specific PInn
20L9 Amendment
Proiect ConsistencyGoals and Policies
Land Use Element
Not Applicable; The Commercial
Core Planning Area created by
the SPA does not encompass any
of the referenced properties.
Goal L The City designates the Ramos Street ("iimenez")
property for "community passive park" use
including, but not limited to, community gardens,
walking paths, family picnic areas and playground,
a Native California plant arboretum. The City
designates the Los Rios Recreational Vehicle (RV)
Storage Lot Cappello property, and the Trulis
property as a "special study arca" for future analysis
and determination regarding the appropriate
ultimate land use. The "community passive park"
and the "special study area" will be landscape
buffered from the Historic Residential ("HR")
District.
Goal2 The City will limit commercial development [in the]
"HR" (historic residential) district to an appropriate
scale which preserves the residential character of the
District and prevents over- intensive commercial
use of the area.
Not Applicable; The SPA creates
a new Commercial Core
Planning Area, which is not
located within the HR District.
Not Applicable; The SPA creates
a new Commercial Core
Planning Area, which is not
located within the HR District.
Goal 3 The City will establish residential use as the
principal use in the "HR" (historic residential)
district and designate commercial uses as an
accessory use.
Goal4 Within the "FII{' (Historic Residential) District, the
City will mandate residential occupancy in order to
establish commercial use in any structure and create
enforceable standards defining residential
occupancy.
Not Applicable; The SPA creates
a new Commercial Core
Planning Area, which is not
located within the HR District.
Consistenf The Development
Regulations (Section 3.0) and
Design Guidelines (Section 4.0)
established for the Commercial
Core Planning Area have been
specifically crafted to preserve
the harmonious establishment of
commercial uses adjacent to
residential areas, and to minimize
impacts that commercial
development may have on the
surrounding uses.
Development standards
applicable to all uses within the
Commercial Core Planning Area
Goal 5 The City will create land use and development
standards which protect residential districts from
commercial development through restrictions on
the type of use, the scale of use, proximity of
commercial use to residential districts, and
operating hours.
Los Rios
Table 5.1-2
Plan Consisten
@ 2019 Applied Plønning,lnc.
Consistency Anølysis
Pøge 5-39
Los Rios Specific Pløn
20L9 Amendment
Proiect ConsistencyGoals and Policies
are presented at Table 3.6-2. As
presented thereiry buildings
along the easterly property
boundary are required to provide
a minimum 25' setback.
Additionally, the strategic
placement of buildings (facing
away from the properly line and
adjacent uses), as illustrated at
Figure 2.2-2, Site Pløn, acts to
shield adjacent residential uses
from operational activity
associated with land uses
proposed under the SPA. All
buildings located in the easterly
portion of the site, nearest
adjacent uses, are single story.
The only 2-story building
proposed, the Mercantile, has
been placed the furthest from
adjacent residential uses. Hours
of operation would be typical for
the types of uses proposed, and
final hours of operation will be as
approved by the City.
Additionally, utilizing City
standards created for this
purpose/ the EIR included a
detailed analysis of all potential
environmental impacts of the
SPA, including those to adjacent
sensitive receptors; Mitigation
was included (where applicable)
to reduce all impacts to less-than-
significant levels.
Not Applicable; Residential uses
are not a permitted use within
the Commercial Core Planning
Area (please refer to Table 3.6-1).
The SPA would have no effect on
rail noise.
Goal6 The City will pursue noise attenuation of residential
properties, as part of the building permit process
and through the Orange County Transportation
Authority, to mitigate rail noise impacts and protect
the residential character of the neighborhood.
Not Applicable; The Commercial
Core Planning Area is not
GoalT The City recognizes and designates the Little
Hollywood neighborhood as a component of the
Los Rios
Table 5.1-2
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Los Rios Specific Pløn
20L9 Amendment
Proiect ConsistencyGoals and Policies
City's affordable housing efforts to address both
District and CiW resident needs.
located within the Little
Hollywood neighborhood.
Not Applicable; The Commercial
Core Planning Area is not
located within the Entry Plaza.
Goal 8 The City will enhance the physical design, area, and
the use of the entry plazato create both a visual and
activity focal point of the District.
Goal9 The City will protect the integrity of the Los Rios
National Register Historic District through design
standards, buffering new development from the
district, and by prohibiting the relocation of historic
structures to that District except as set forth in
Section 3.C.5 of this plan.
ConsistenU The SPA does not
involve the relocation of any
structures to the Historic District.
The Development Regulations
(Section 3.0) and Design
Guidelines (Section 4.0)
established for the Commercial
Core Planning Area have been
specifically crafted to protect the
Los Rios Historic DistricÇ and to
minimize impacts that commercial
development may have on the
surrounding uses.
Development standards
applicable to all uses within the
Commercial Core Planning Area
are presented at Table 3.62. As
presented therein, buildings along
the easterly property boundary
are required to provide a
minimum 25' setback.
Additionally, the strategic
placement of buildings (facing
away from the properly line and
adjacent uses), as illustrated at
Figure 2.2-2, Síte Plan, acls lo
shield adjacent residential uses
from operational activity
associated with land uses
proposed under the SPA. All
buildings located in the easterly
portion of the site, nearest adjacent
uses, are single story. The only 2-
story building proposed, the
Mercantile, has been placed the
furthest from adjacent residential
USES.
Table 5.1-2
Los Rios c Plan
@ 2019 Applied Plønning,Inc.
Consistency Anølysis
Pøge 5-41
Anal
Los Ríos Specifc Plan
2019 Amendment
Proiect ConsistencyGoals and Policies
Additionally, utilizing City
standards created for this pu{pose/
the EIR included a detailed
analysis of all potential
environmental impacts of the SPA,
including those to adjacent
sensitive receptors; Mitigation was
included (where applicable) to
reduce all impacts to less-than-
simificant levels.
Not Applicable; The Commercial
Core Planning Area is not
located within the Montañez
Adobe site.
Goal10 The City will manage the Montañez Adobe site to
accommodate cultural and historical activities and
programs consistent with the historic context of the
National Register Historic District. The City will
develop and adopt a Master Site Development Plan
for the Montañez Adobe site which preserves the
historic integrity of the site and structure while
accommodating cultural and historical activities
and programs.
Goal11 The City will include public support facilities (e.g.
restrooms, telephone), centrally located within the
District, to serve the community and visitors to the
District.
Consistent; Since the time that
the Los Rios Specific Plan was
adopted, the City has
constrúcted numerous public
facilities within the Los Rios
District. In 2009, the city
completed the construction of
the Los Rios Park project which
included a public parking lot,
public restroom and a multi-use
trail. In addition, the City
completed the re-landscaping of
the Verdugo Plaza with low-
water use plants. The SPA does
not include provision of
additional public support
facilities, and no additional
public support facilities are
necessary to support the
development contemplated in
the SPA.
Not Applicable; The SPA is not
located within the HR District. It
is noted that the parking facilities
referenced in this Goal have been
developed since the preparation
of the original Specific Plan. The
SPA includes ample parking to
Goal12 The City designates about one (1) acre of publicly-
owned land for public parking facilities to
accommodate approximately eighty (80) to one-
hundred (100) parking spaces/ centrally situated on
a portion of the RV lot and/or Trulis property, so as
to provide convenient parking to the "HI{' (Historic
Residential) District as well as the "community
Los Rios
Table 5.1-2
Plan C Anal
@ 2019 Applied Plønning,Inc.
Consistency Annlysis
Pøge 5-42
Los Rios Specific Plan
2019 Amendment
Proiect ConsistencyGoals and Policies
serve the proposed uses, as
detailed at Section 2.2.5, Parking.
The provision of other public
parking elsewhere within the
Los Rios Specific Plan is beyond
the scope of the SPA.
passive park." Public parking will be sited,
designed, landscaped and buffered so as to protect
nearby residential properties and the integrity of the
Historic District, and should include a pick-
up/drop-off area. In order to site the public parking,
the City may relocate the recreational vehicle (RV)
storage lot to the Cappello property and/or a portion
of the Trulis properW.
Not Applicable; The SPA is not
located within the HR District.
Additionally, the SPA includes
ample parking to serve the
proposes uses/ as detailed at
Section 2.2.5, P arkins.
The City will encourage proposals for private
property owners in the "HR" (Historic Residential)
District to meet their off- street parking
requirements through agreement with the City for
use of the planned public parking lot.
Goal13
Circulation Element
Consistent; The SPA provides
corridors and walkways
specifically designed to
encourage pedestrian access. As
detailed at Section 2.2.4, Access
and Internal Circulation, vehicular
traffic along River Street will be
prohibited by the use of bollards
to be located just east of the
intersection with Paseo
Adelanto. Additionally, River
Street will be transitioned from
the existing asphalt paved street
to a path with a surface that is
reminiscent of the historical past
using decomposed granite or
similar material. Historical
depiction boards (signs) will also
be located in this area, providing
a logical pedestrian transition
from the easterly adjacent
O'Neill Museum. Americans
With Disabilities Act (ADA)-
compliant parking and access
pathways will be provided
throughout the site.
Create a circulation plan which provides for safe
and convenient pedestrian access for both visitors
and residents to the district.
Goal 1
ConsistenÇ The SPA contributes
to the available parking, which
helps alleviate pressure for
Goal 2 Provide centrally-situated public parking to reduce
parking violations and pressure for parking along
Los Rios Street. Implement a sign program to direct
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visitors to public parking.parking elsewhere within the
LRSP. Additionally, the SPA
implements a Master Sign
Program, to include directional
signage to help guide patrons to
available parking areas within
the Commercial Core Planning
Area.
Not Applicable; The Commercial
Core Planning Area is not
located within the Historic Core
Planning Area.
Require off-street parking in the Historic Core
Planning Area to be situated within sideyards or to
the rear of structures.
Goal3
Consisten! Main access to the
Commercial Core Planning Area
will be provided via Paseo
Adelanto. A smaller, secondary
entrance will be located on Los
Rios Street. The EIR included a
detailed analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
Goal 4 Implement improvements and/or traffic flow
restrictions at the Los Rios & Del Obispo Street
intersection which improve traffic safety and
operations consistent with the Growth Management
Element's levels-of-service, including restrictions or
a prohibition on southbound left-turns from Los
Rios Street to Del Obispo Street.
Consisten! Main access to the
SPA will be provided via Paseo
Adelanto. A smaller, secondary
entrance will be located on Los
Rios Street. The SPA provides for
the following traffic
improvements:
¡ The addition of a 2nd left
turn lane eastbound Del
Obispo to northbound
Paseo Adelanto;
o The widening of the
west side of Paseo
Adelanto from the
southern property line
to the intersection with
River Streeü and
e The installation of a
traffic circle at the
The City designates Paseo Adelanto as the primary
access to the Specific Plan area in order to reduce
visitor traffic on Los Rios Street, preserve the historic
character of the area, and provide a safer pedestrian
environment. Motor vehicle access to the CRA-
owned properties will be provided exclusively by
Paseo Adelanto and no motor vehicle access will be
provided via Ramos Street. Access to the Jones and
the Commercial Core Planning Area properties will
be provided via Paseo Adelanto, River Street, and
Los Rios Street. The Los Rios/River Street
intersection will only provide access to the O'Neill
Museum and pedestrian and emergency access to
the ]ones and Commercial Core Planning Area
properties.
Goal5
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intersection of Paseo
Adelanto and River
Street.
Additionally, vehicular traffic
along River Street would be
prohibited as part of the SPA
(with the exception of emergenry
access and a small portion
currently providing access to
Zoomar's), facilitating
pedestrian access through the
area.
Additionally, the EIR included a
detailed analysis of all potential
environmental impacts of the
SPA; Mitigation was included
(where applicable) to reduce all
impacts to less-than-significant
levels.
Not Applicable; Ramos Street is
not located adjacent to the
Commercial Core Planning Area.
In an effort to help alleviate
congestion on Los Rios Street,
the Project includes a driveway
on Los Rios Street, just north of
Del Obispo Street. Visitors to the
Commercial Core Planning Area
would utilize this driveway and
have no reason to continue
northbound towards the
pedestrian plaza (appr oximately
1,000 feet northerly) or Ramos
Street (approximately 1,600 feet
northerly). Additionally, a ft affic
circle would be installed at the
intersection of Paseo Adelanto
and River Streel providing an
opportunity to turn around and
travel southbound toward Del
Obispo Street instead of
continuing northbound to
Goal6 Consider implementing one-way traffic flow on Los
Rios Street'between Ramos Street and the pedestrian
plaza to reduce pedestrian and motor vehicle
conflicts and reduce overall traffic congestion.
Convert a segment of Los Rios Street to exclusive
pedestrian use, if practical and functional.
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Ramos Street. As such,
development within the
Commercial Core Planning Area
would not affect traffic flow on
Los Rios Street, between Ramos
Street and the pedestrian plaza.
Consisten! The SPA includes a
number of circulation
improvements, as identified at
Circulation Element Goal 5,
presented previously. Each of
these modifications to the
circulation of the area will
improve the system as a whole.
GoalT Circulation improvements will be phased
incrementally and assessed to determine the need
for subsequent phases so that circulation system
changes are the minimum necessary to achieve the
goals of safe and convenient traffic and pedestrian
circulation. Specifically, prior to implementing any
final phase involving significant changes including
the expansion of the pedestrian plaza into Los Rios
Street, restricting access to Los Rios Street via
automated gates, or designating streets with one-
way lraffic, the City will comprehensively assess the
advantages and disadvantages of such
improvements and conduct public meetings on their
preliminary design.
Design Element
Not Applicable; Development
within the Commercial Core
Planning Area would not affect
the pedestrian entry plaza.
Goal l The City will seek to maintain and enhance the
pedestrian entry plaza to serve as the principle
pedestrian connection between the planning area
and the downtown and will emphasize non-
motorized transportation modes in the District.
Consistenf The proposed design
highlights and preserves historic
River Street as a major
component of pedestrian
circulation. No historically
significant structures are located
within the site.
Goal2 The City will promote the preservation of
historically significant structures and sites, those
within the National Register Historic District or on
the City's Inventory.
Consistent. The River Street
Marketplace has been designed
for architectural compatibility
with existing historically
significant structures. Please
refer also the discussion
provided previously at Land Use
Element Goal 5.
Goal3 The City will assure that new development is
architecturally compatible with existing historically,
significant structures.
Consistent; The SPA has been
designed to be sensitive to
nearby residential uses.
Goal4 The City will seek to buffer non-residential
development and uses from residential uses, and
buffer the National Register Historic District from
incompatible new development.
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Goals and Policies Ptoiect Consistency
The Development Regulations
(Section 3.0) and Design
Guidelines (Section 4.0)
established for the Commercial
Core Planning Area have been
specifically crafted to protect the
Los Rios Historic District and to
minimize impacts that
commercial development may
have on the surrounding uses.
Development standards
applicable to all uses within the
Commercial Core Planning Area
are presented at Table 3.6-2. As
presented thereiry buildings
along the easterly property
boundary are required to
provide a minimum 25' setback.
Additionally, the strategic
placement of buildings (facing
away from the properly line and
adjacent uses), as illustrated at
Figure 2.2-2, Site PIøn, acts to
shield adjacent residential uses
from operational activity
associated with land uses
proposed under the SPA. All
buildings located in the easterly
portion of the site, nearest
adjacent uses/ are single story.
The only 2-story building
proposed, the Mercantile, has
been placed the furthest from
adjacent residential uses.
Additionally, utilizing City
standards created for this
purpose/ the EIR included a
detailed analysis of all potential
environmental impacts of the
SPA, including those to adjacent
sensitive receptors; Mitigation
was included (where applicable)
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to reduce all impacts to less-
than-simificant levels.
The City will encourage new buildings in the
Specific Plan area to respect natural site features
including existing terrain and landscaping, in
particular mature specimen trees.
Consistent; The site is generally
flat and absent any significant
natural features. As discussed at
Section 2.2.8, Landscaping, a
mature Peruvian Torch Cactus
and a Coast Live Oak are
considered healthy and will
remain in place on the site.
Additionally, five Jacaranda
trees currently located along the
properly line (which overhang
the site) will remain in place,
unaffected by development of
the site. Further, approximately
158 new trees will be added to
the site to enhance the
appearance of parking areas,
provide shade and visual
interest, define entry/access
points, accentuate site and
architectural features, and
provide screeninq.
Policy 1
Policy 2 Where feasible, the City will expect the architectural
style of new buildings and additions to existing
buildings to be consistent with existing styles
including but not limited to Monterey, Adobe,
Craftsman bungalow, Victoriary and California
vemacular board-and-batten.
Consistenf Section 4.0, Design
Guidelines, presents the
following objectives for
development within the
Commercial Core Planning Area:
¡ Interpret architectural
styles that are authentic and
reflect the historical character of
the region.
. Utilize materials and
colors that reinforce the overall
design theme.
. Reinforce the visual
importance of building entries
and gathering areas.
. Provide an overall
character that is compatible with
the adjacent residential uses.
Further, the vision for the
Commercial Core Planning Area
is encapsulated by the proposed
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River Street Marketplace Project.
Project elevations and
renderings depict styles
consistent with existing
architecture represented along
Los Rios Street. Designs include
hip and gabled roofs, the use of
mixed building materials,
exposed rafters, decorative
brackets, and board-and-batten
siding, consistent with
Craftsman bungalow and
California vernacular board-
and-batten styles. Please also
refer to Project elevations,
presented as Figures 2.2-3
throueh 2.2-9.
Poliry 3 The City will assure that new buildings and
additions to existing buildings are compatible in
terms of mass, form, scale, color, materials, textures
and architectural style, with existing historically
si gnif icant buildings.
Consisten! The SPA has been
designed to be architecturally
compatible with proximate
existing historically significant
buildings. Project elevations and
renderings depict styles
consistent with existing
architecture represented along
Los Rios Street. Designs include
hip and gabled roofs, the use of
mixed building materials,
exposed rafters, decorative
brackets, and board-and-batten
siding, consistent with
Craftsman bungalow and
Califomia vernacular board-
and-batten styles. Please also
refer to Project elevationt
presented as Figures 2.2-3
through 2.2-9. Addilionally, all
buildings located in the easterly
portion of the site, nearest
adjacent uses, are single story.
The only 2-story building
proposed, the Mercantile, has
been placed the furthest from
adjacent residential uses.
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Poliry 4 In order to maintain the rural character of the area,
the City will promote single-story structures in the
National Register Historic District. A combination of
one and two-story structures will be allowed
outside the National Register Historic District,
however, two-story structures shall comprise no
more than one-third of the total number of new'
structures.
Consistent; The SPA proposes a
mixture of one and two-story
structuret outside of the
Historic District. Of the five
structures proposed onsite, only
one is two story. Please refer to
Section 2.2.2, Proposed Land Uses.
Policy 5 The City will assure that the roof form (hip, shed,
gable, etc.) of new structures will be compatible with
existing historically significant structures.
Consisten! As detailed at Section
4.6.5, Roof FormlPitch, primary
roof forms within the
Commercial Core Planning Area
would be gable or hip designs.
These styles are commonly
found on bungalows and
cottages and are representative
of styles currently evidenced
along Los Rios Street.
Policy 6 The City will encourage pedestrian-scaled
architectural features including overhanging eaves,
and arcades.
ConsistenÐ The SPA has been
planned as a pedestrian-oriented
development. Parking areas
have been placed along the
periphery of the site, with
inviting pathways leading into
the core of the development.
Pathways feature attractive
accent lighting, fountains, and
ample shaded seating for
pedestrians. Each building has
been carefully designed to relate
to pedestrians through the use of
expansive main entrances,
interesting textured building
materials, porches for sitting and
relaxing, oversized, low
windows, and overhanging
eaves for shade.
PoIicy 7 The City will promote architectural details
consistent with the details of historically-significant
structures.
Consistenf Project design details
have been crafted to be
consistent with area historically-
significant structures. Project
elevations and renderings depict
hip and gabled roofs, the use of
mixed building materials,
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exposed rafters, decorative
brackets, and board-and-batten
siding, consistent with
architecture currently
represented along Los Rios
Street. Please also refer to Project
elevations, presented as Figures
2.2-3 throus,h2.2-9.
Policy 8 The City will encourage the proportions (scale,
balance, etc.) of new windows and doors to conform
with those of historically-significant structures.
Consisten! The Project exhibits a
mix of window types and sizes
that are regarded as consistent or
compatible with those found in
nearby historic buildings,
including smaller multi-lite
types, which have several
smaller divided glass panes for a
historic aesthetic.
Policy 9 The City will discourage the relocation of otherwise
historic[ally] significant structures from outside the
Specific Plan area to the National Register Historic
District in order to preserve the historic integrity of
that District. However, the City may allow the
relocation of such structures to the National Register
Historic District which are in danger of imminent
demolition and subject to State (OHP) review and/or
consultation.
Not Applicable; The Commercial
Core Planning Area is not
located within the Historic
District, nor is the relocation of
historic structures proposed. No
historic structures are currently
located on the site.
Policy 10 With the exception of the on-street parking
permitted along Paseo Adelanto, the City will
encourage off-street parking as opposed to on-street
parking in the Historic District. Off-street parking
and garages should be sited so that they are not
within direct view of public rights-of-way, and
should be compatible in terms of scale and
materialg with the rural character of the historic
District.
Not Applicable; The Commercial
Core Planning Area is not
located within the Historic
District.
Poliry 11 Within the National Register Historic District the
City will require new development (within the
Specific Plan area but outside the National Historic
District) to be served with under-ground utilities to
provide a clear contrast with the historical context
and integrity of the National Register Historic
District.
Consisten! The SPA requires
that all utilities installed in the
Commercial Core Planning Area
be undergrounded. Please refer
to Sections 2.2.\2.4, Electricity,
2.2.12.6, Communications Seraices,
and Table 3.6-2.
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Housing Element
Policy 1 The Agency will administer all applicable housing
programs for qualifying households and properties
in the Los Rios District including but not limited to
the Single Family Rehabilitation Program, the
Section 8 Rental Voucher Program, the Section 8
Rental Certificates Program, the Mortgage Credit
Certificate Program, and the First-time Homebuyers
Program.
Not Applicable; Housing is not a
permitted use within the
Commercial Core Planning Area.
Poliry 2 The Agency will grant funding priority to qualifying
households occupying historic structures over those
qualifying households occupying non-historic
structures for the Single Family Rehabilitation
Program.
Not Applicable; Housing is not a
permitted use within the
Commercial Core Planning Area.
Policy 3 The Agency should consider partnering with a non-
profit housing corporation to manage the property
or should solicit a non-profit housing group to retain
ownership and/or stewardship of the Little
Hollywood area.
Not Applicable; Housing is not a
permitted use within the
Commercial Core Planning Area.
The site is not located within the
Little Hollywood area.
Poliry 4 The City will limit the total number of affordable
residences in the Little Hollywood area to fourteen
(1a). The City will retain the ability to construct ten
(10) new affordable housing units in the Little
Hollywood neighborhood for a total of twenty-four
(24) residences with a combination of detached and
duplex structures with a gross density of four
dwelling units per acre. However, prior to
proceeding with the development of any additional
dwelling units, the City must exhaust all available
opportunities to develop such housing outside the
Specific Plan District.
Not Applicable; Housing is not a
permitted use within the
Commercial Core Planning Area.
The site is not located within the
Little Hollywood area.
Policy 5 The Agency will limit new affordable home
construction within the Los Rios Specific Plan area
to the Little Hollywood neighborhood.
Not Applicable; Housing is not a
permitted use within the
Commercial Core Planning Area.
The site is not located within the
Little Hollywood neishborhood.
Policy 6 New home construction in the Little Hollywood
area may include a combination of three bedroom,
single-family detached homes no larger than one-
thousand (1000) square feet, and two bedroom
duplexes no larger than seven- hundred and fifty
(750) square feet, fifteen-hundred (1,500) square feet
combined, consistent with the development
Not Applicable; Housing is not a
permitted use within the
Commercial Core Planning Area.
The site is not located within the
Little Hollywood area.
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standards of the "LDR" (Low Density Residential)
District.
Attachment A
Master Sign Program
Proiect DescriotionTenant signage ìs expected to enhance and extend the spirit of the architectural character of River Street Marketplace, expressing clearly the retail tenant name andfunction,-whiì-ealsoiervingasanexpressionofthehighqualityofthecommercial anddiningenvironmentswithin. RiverStreetMarketplace'sarchitectural styleìsthat of San Juan Capistrano agrarian, with rustic referånces, intimate pedestrian spaces and an emphasis on landscape and graphic details. River Street Marketplaceembodies the unique blend of the eclectìc aesthetìc and relaxed style that reflects the community around it.Graphic design shåll be imaginative, simple and clear. Creative and expressive signage solutions using a variety of materials are strongly encouraged as a means ofenhäncing viiitor expdrien..i. Signug" shall be limited to the logo and/ãr name of the Tenant. Additional icon/imagery will be considered, at.the sole discretion ofthe Landlord, provided it contri[utes to the overall identity and design of the store..Tenants shall retain the services of a professionally trained graphic designertocreate their idåntity and sign program. The design of signs shall be harmonious with the materials, colo¡ texture, size, scale, shape, height, placement and designofTenantpremiseiandthãLandlordbuildings. Str¡.tudh"r"n."tothesesigndesigncriteriashall insurethatthecharacterofRiverStreetMarketplaceismaintainedand that a lively and evocative env¡ronment is created.Purpose of Tenant Signage Design CriteriaThis Signage Design Criteria is provided to guide designers, architects, and tenants in the development of tenant identity signs at River Street Marketplace.A. The objectives are:1. To genérate varied and creative tenant signage through application of imaginative des¡gn treatments and distinctive logos and type styles.2. To ãstablish signage as a design element that contributes to the unique environment of River Street Marketplace3. To provide standards of acceptability for signs ìn order to facilitate the review and approval Process.B. A map of designated areas is located on the Tenant Signage Area Plan. Tenants and their designers are to re{er to that map and select a combination of at leasttwo s¡gn types, and no more than four, from the designated area assigned to their store.C. Any signs fabricated and installed without prior approval in wrìting from the Landlord will be removed by the Landlord. All costs for removal, including but notlimited to patch and repair of the building, will be at the tenant! expense.D. The Tenant Signage Design Criteria is part of the Tenant's Lease and the Tenant is required to comply w¡th these requ¡rements.Tenant 9ígnage Wíthin River Street MarketPlaceThe tenant signage for River Street Marketplace is divided into distinct "areas" to assist the tenant in choosing the appropriate signage type, location,andquant¡tyiorìheirìdentity. All stores/restaurantsandtheircorrespondingelevationsfitwìthinaparticulararea. Pleaserefertotheincludedmapforthe location. These areas are defined by the character and/or site orientationRiver Street Marketplace is divided into the following sìgnage areas:THE MARKETPLACE OFFICE / RETAIL RETAIL / RESTAURANT
Tenant Signage Allowed Within Each ZoneThe tenants in each area must have the required sign types, as indicated below. ln addition to these two signs, tenants are allowed to have signs, selected from the "op-tional" signage. A maximum selection of three (3) signs are allowed per tenant, as noted in each area.Variations from these designated areas require approval from the Landlord priorto submittal to the C¡ty for permits. The maximum allowable square footage area,(max-imum sign area and dimensions) of each sign is áetermined based on the lineal frontage of the store front, its location in River Street Marketplace, and the City of SanJuan Capistrano signage ordinances.The overall quant¡ty of the brand or trademark identities used per tenant, through the primary secondary and optional signage, will be taken under conslderat¡on on acase-by-case basis per landlord's discretion.Note: Prior to fabrication, applicant shall receive approval of a separate sign permit from the City of San Juan Capistrano.Tenant Sionaoe Area Guìdelines:The primary viewing of the tenant signage will be from both the pedestrian areas and streets. As such, tenant signage should respond to the appropriate scale to boththe vehiculãr and pãdestrian v¡ews. Tenant logos will be encouraged and are recommended. To ensure variety in the Pedestrian Focused area, adjacenttenants will berequired to use diilerent sign types, mater¡als, and colors. The Pedestrian Signage Area, falls under the Pedestrian Focused Tenant Signage, and will follow all require-ments of this area with the exception that tenants will be required to suspend all blade signs from the canopy.Allowable Sign Types:primarysigntyp".uãryperareaoftheprojectthatfitwith¡nthelimìtationsandconditions. Thesigntypesinwhichthetenantislim¡tedtocanbechosenfromthefol-lowing;1. Primary Signage:.. Î".ãd" Mornted Sign - Limited to reverse pan channel halo lit indiv¡dual dimensional letters or dimensional letters, externally illuminated withexternal fixturesb. Wall Mounted Plaques - Mounted on the wall nearest the primary entry doors.2. Secondary Signage:a. Blade Sign - External illumìnation of blades will be considered on a case-by-case basis per landlord! discretion.3. Alternate Signage: (see size matrix for allowances)a. Applied Window Graphìcsb- Painted Wall MuralSHEE'T 3
Sion Area Calculation:Thã maximum sign area for each tenant shall be 1 square foot (aggregate total of all sign faces) for each lineal foot of each store frontage, but signage is limited by the maxi-mum sizes as noted on the sign matrix.Sionaoe Details and Soecifications:A. Address Signage:The suite numblr shall be applied to the exterior glass facade as determined by the Landlord. The suite number must be visible to the walkway and be applied as vinyl onglass.1. Numbers to be cut vinyl or hand painted on inside face of storefront.2. Numbers to be 2" high; in white oPaque vinyl and must be in project font; Gotham Bold.3. No numbers above door unless matching the architectural character and approved by landlord.4. Number to be placed on window adjacent to door on right s¡de. To be placed in lower left corner of glass panel.5. Unit Address signs are required for each Tenant and not included in sign area calculations or not counted towards the maximum numberof signs.B. Applied Window Graphics (excluding "Operational 5i9ns"):l.Onlytradenameorgraphiclogomaybeused. Storedescription,advertisements,ortaglinesnotallowed.2. Gold, white, or black vinyl graphics are to be used.3. All applied graphics to be adhered to interior side of glass.4. Applied window graphics not to exceed 2O% of the window area.S. npþlied window graphics are to be submitted to the Landlord and approved in writing prior to installation.C. Storefront Signs - Primary Signs1. lndividual letters - Reverse channel - halo illuminationa. Reverse channel letters are to be fabricated out of aluminum with a minimum metal thickness of .0ó0 with a painted finish.b. All seams are to be welded and ground smooth.c. Channel depth to be no more than 4".d. Letter channels are to be stud mounted 2" maximum from face of wall.e.- Stud mounts are to be threaded anchor bolts with round sleeves and are to be painted the color of the fascia.f. Sizewill belimitedbasedontheheightoftheavailablefacadearealoT5Tomax.ofthevertical he¡ghtoftheavailableareaandmaynot exceed 50% max. of the width of the available area. Not to exceed one (1) square foot per linear foot of frontage.
2. lndividual letters - External illuminationa. External illumination to be provided by a separate light fixture(s) of a design that ìs complimentary to the overall sign design concePtand the building architecture.b. Fixtures with arm extensions or gooseneck extensions are encouraged.c. "Light-bars" are prohibited.d. Pre-manufactured square or rectangle light boxes are not allowed.e. lndividual letters to be at least 1/2" thick metal. Letter thickness is subject to Landlord approval and based on thickness-to-heightProPort¡on.i. listud-mounted,theindividual lettersaretobestudmountedminimumll/2"Íromfaceofwall.g.its All light fixture designs are to be submitted to the Landlord for approval prior to purchase, submittal to the City of San Juan Capistranopermits and installation.h. Sizewill belimitedbasedontheheightoftheavailablefacadeareatoS0%max.ofthevertical heightoftheavailableareaandmaynot exceed 50% max. of the width of the available area. Not to exceed one (1) square foot per linear {oot of frontage'D. Tenants Located in Mult¡ple Sign AreasWhen a tenant's facade is located in multiple signage "areas" , each particular facade is dictated by the regulations for that area.E. Wall Mounted Plaque1. Wall mounted plaques shall have concealed fasteners. Exposed fasteners designed as a feature treatment require approval by Landlord-2. Allowable materials are cast metal, glass, or durable hard surface material.3. No plastics, acrylics or PVC materials.4. Non-illuminated or externally illuminated only.5. Size of plaque is subject to Landlord approval, per the sign matrix due to irregular project configurations.ó. Location to be adjacent to entry doors.7. No taglines, slogans, service or product descriptions allowed in text.F. Blade SignsA double-siãed sign mounted perpendicular to the building facade and suspended on a decorative metal bracket. Usually placed near the store{ront entrances.1. Each tenant is allowed to have one double - faced hanging sign per building entrance.2. The creative use o{ logo and shape is encouraged in the design ofthe blade sign'3. Tenants uru "n.orr.gãd to utilizé a variety of colors and graph¡c elements along with type style to create an energetic signing solution. Painted flat formslayered to give a 3-dimensional effect are encouraged.4. Applied acrylic lettering or shapes not allowed.5. Signs are to be wall mounted from a metal bracket, or suspended from the trellis with metal supports.ó. Placement to be reviewed with consideration of all adjacent signs.7. Trade name or logo only, no tagl¡nes,slogans, or advertising allowed.SHÊÊf 5
Prohibited Sion TvnesA. The following sign types and finishes shall be prohibited at River Street Marketplace:1. llluminated sìgn boxes (can signs).2. Signs with tag lines, slogans, phone numbers, service description, or advertising of products.3. Monument style signage.4. Temporary signage / comìng soon signs - other than barricade or window graphics.5. Signs located on the rear elevation. (except those signs required for delivery)ó. Signs wìth exposed raceways, conduit, junction boxes, transformers visible lamps, tubing, or neon crossovers of any type.7. Rotating, animated and flashing signs.8. Pole signs and other signs with exposed structural supports not intended as a design element, except for code-required signs.9. Pennants, banners, or flags identifying ìndividual tenants.10. Vehicle signs, except for the identificatìon of a business enterpr¡se or advertisement upon a vehicle used primarily for business PurPoses,provìded the identìfication is affixed ìn a permanent manner.i'1. Signr attached, painted on, or otherwise affixed to trees, other living vegetation, landscaping or natural materials.12. Any sign designed to be moved from place to place.13. Signs ãttached, painted or otherwise affixed to awnìngs (other than those indicated in criteria), tents or umbrellas, however, such signs maybe permitted ìn conjunction with special design review by the Landlord.14. Balloons and inflatable signs.15. Any signs, including freestanding signs, advertising the avaìlability of employment opPortun¡t¡es.1ó. Signs;h¡ch em¡t sound, odor or visible matter, or which bear or contaln statements, words or pictures of an obscene, pornographic orimmoral character.1 7. Back plates behind signage are typically prohibited, but maybe considered on a case-by-case basis. Not to exceed 2OY" larger thanoverall max sign dimension and must be an integral part of the sign design.Calculatino Sîonaoe Area:Gþy ur"u sñall ble computed by surrounding each graphic element with a rectangle or square, calculating the area conta¡ned within the square, and then comput-ing the sum of the areas. Elements such as swashes, simple lìnes, back plates or other decorative touches must be included within limits of the geometric shapeshall be included as part of the copy area. Area shall ìnclude the entire name, not individual letters or words.Letter height shall be determined by measuring the tallest letter of a tenant's identity, inclusive of swashes, ascenders, and descenders.
General Signage Design GuidelinesA. Design Objectivetlthe þrimary objective of the sign design criteria is to generate high quality, creative tenant signage. Tenants are encouraged to combine avarìety'of materials, lighting methãds, coiors, typestyles, and graphìc elements for unique storefront signage at River Street Marketplace.2. Primary and seconJary sìgns shall be located above or adjacent to entries or storefronts only; exceptions will be considered for corner tenants.3. All sigÁ concepts are io bã generated from "camera-ready" logo artwork prepared by a professional graphic desìgner, and submitted to theLandlord for approval prior to concept development of any sign.4. Signs that iÅcorporate creative logos or graphic elements along with the business identity are encouraged-5. Tenant signs to consist of "Trade Ñame" and/or logo only. Tag lines, bylines, merchandise or service descriptions are not. allowed. . ..ó. Signs, coþy and graphic elements shall fit comfortably into sign area, leaving sufficient margins_and.negatìve sPace on all sides. -Wall signsshall-appeai Salancãd ãnd in scale wìthin the context of the sign space and the building as a whole. Thickness, height, and color of sign letteringshall be'visually balanced and ¡n proport¡on to other signs on the buildìng. ln all cases, the copy area shall maìntain a margin at least ó" from anyedge of the sign face area.7. óimensional letters and plaques shall be affixed withoutvisible means of attachment, unless attachments make an intentional designstatement and are approved by the Landlord.8. Any special condltitns or dáviations from the guidelines in the sign criteria are to be approved in writing after submittal to the Landlord.B. Typestylest"nåÅt. may adapt established typestyles, logos and/or images that are in use on similar buildings operated by them, provided that said images are architecturallycompatible and åpproued by th;'Lanálord. Type may be arrãnged in multiple lines ol copy and may consist of upper and/or lower case letters.C. LightingThe use oicreative signage lighting is expected and encouraged with the following criterìa:1. Where signs are internally illuminated, light-transmitting surfaces shall be non-gloss, matte materials.2. Only lettãrs and logos shall transmit lighi while the back plate or background remains solid opaque. No illuminated backgrounds or boxesare allowed.3. Lighting for all tenant signs shall be turned off after closlng or reduced between the hours to be determined by Landlord.4. Exposeà fixtures, shades, or other elements are to contribute to the design of the sign5.Exposed raceways (unless design elements), condu¡t, junct¡on boxes, transformers, lamps, tubing, or neon crossovers of any type are prohibited.
MASTER SIGN PROGRAMD. Colors1 . Signs should be limited to a maximum of two colors per sign, but will be reviewed by the Landlord for approval on a case by case basis.2. The color of the letter face and letter return shall be the same and no multi-colored letter faces allowed.3. Color of letter face and returns are to contrast with bu¡ld¡ng colors for good daytime readability.4. The interior of open channel letters is to be paìnted dark when ag:inst light backgrounds.5. All sign colors aie subject to review and approval by the Landlord as part of the tenant s¡gnage submittal. Variations from these standardsmust be approved by the Landlord.E. Materials'1. Acceptable sign material treatments are:a. Dimens¡onal geometric shapes in metal coated or burnished for variety in coJor and textureb. Painted metalc. Woodd- Screens, grids, or meshe. Etched or brushed metalf. Cut, abraded, or fabricated steel or aluminumg. Dimensional letter forms with seamless edge treatmentsh. Glass2. The following materials are prohibited on all signs:a. Sintrab. Cardboardc. Colored plastics or acrylicsd. Simulated materials, i.e. wood-grained plastic laminate and waH coveringe. Trim cap retainersNIVEN SiNEET HANKETPLAßE I SITE S16ANGE PROGRAM
Constru di o n Re qui rem entsA. General1. All signs shall be designed, installed, ìlluminated, located, and maintained in accordance with the provisions set forth in these regulations andall other applicable codes and ordinances.2. All signs;ust meet all standards set forth by River Street Marketplace Tenant Sign Criteria and must be approved by the Landlord be{orepermit submittal.3. The tenant must submit one set of plans, with Landlord approval signature, to City for approval prior to receiving permitsfor fabrication'4. The Landlord does not accept the iesponsibility of checking for compliance with any codes having jurisdictlon over River Street Marketplace nor for thesafety of any sign, but only for aesthetic compliance with this sign criteria and its intent.B. Fabrication Requirements1 . All sign fabrication work shall be of excellent quality and ìdentical of Class A workmanship. All logo images and typestyles shall be accuratelyreprodLied. Lettering that approximates typestyies sÁall not be acceptable. The Landlord reseryes the right to reject any fabrìcation workdeemed to be below standard.2. Signs must be made of durable rust-inhib¡ting materials that are appropriate and complementary to the des¡gn of River Street Marketplace.3. A[formed metal, such as letterforms, shall be fabricated using full-weld construction with all joints ground smooth.4. All fenous and non-ferrous metals shall be separated with non-conductive gaskets to prevent electrolysis. ln addition to gaskets, stainless steelfasteners shall be used to secure ferrous to non-ferrous metals5. Threaded rods or anchor bolts shall be used to mount sign letters, which are spaced out from background panel and must be finished to blendwith the adjacent surface. Angle clips will not be Perm¡tted.ó. paint colors and finishes mr-Lt be'reviewed and approved by the Landlord. Color coatings shall exactly match the colors specified on theapproved plans.7. burfacei with color mixes and hues prone to fading (e.g., pastels, complex mixtures, ¡ntense reds, yellows and purples) shall be coated withultraviolet-inhibiting clear coat in a matte or semi-9loss finish.8. Joining of mateirals (e.g., seams) shall be finishãd in such a way as to be unnoticeable. Visible welds shall be continuous and ground smooth.Rivets, sclrews, and other lasteners that extend to visible surfaces shall be flush, filled, and finished so as to be unnoticeable.g.Finishedsurfacesof metal shall befreefromcanningandwarping. All signfinishesshall be{reeofdust,orangepeel,drips,andrunsandshallhave a uniform surface conforming to the highest standards of the industry.10. All lighting must match the exact specifications of the approved working drawings.ll.Surfa-cebightnessofall illuminatedmaterialsshall becãnsistentinall lettersandcomponentsofthesign. Lightleakswill notbepermitted.12. All conduit, raceways, crossovers¡ wiring, ballast boxes, transformers, and other equipment necessary for sign connection shall be concealed.SHEFT 9
All bolts, fastenings and clips shall consist of enameling iron with porcelain enamel finish; stainless steel, anodized aluminum, brass or bronze; orcarbon-bearing steel wìth painted finìsh. No black iron material will be allowed.l3.Underwriter'sLaboratory-approvedlabelsshall beaffixedtoall elearical{ixtures. Fabricationandinstallationofelectr¡cal signsshall complywith UBC, NEC, and local building and electrical codes.14. Penetrations into building walls, where required, shall be made waterproof by the tenant's sign contractor.15. Location o{ all openings ior conduit sleeves and support in sign panels and building walls shall be indicated by the sign contractor on theabove shop drawings submitted to the Landlord. Sign contractor shall install same in accordance with the approved drawings.1ó. ln no case shall any manufacturer's label be visìble from the street or from normal viewing angles.lT.Signsilluminatedw¡thneonshall use30m.a.transformers. Theballastforfluorescentlightingshall be430m.a. Fluorescentlampswill besingle pin (slimline) with l2" center-to-center lamp separation maximum.Approvals of Tenant SignageA. Artwork Submittals1. All sign concepts are to be generated from "camera-ready" logo artwork prepared by a professional graphic designer, and submìtted to theLandlord for approval prior to development of any signage.B. Preliminary Drawing Submittal1 . Prioi to shop ãrawings and sign fabrication, tenant shall submit for Landlord approval three sets of Preliminary drawings reflecting the design ofall sign types.2. Sign preliminary drawing shall show sign and building colors.3. Siin þreliminary drawinls are to be submitted concuirently with storefront design and awning design. Part¡ãl submittals will not be accepted.C. Shop Drawing Submittalì. Upon aþprou"l of concept plans in writing from Landlord, three complete sets of shop drawìngs are to be submitted for Landlord approval,including:alFully-dimensioned and scaled shop drawings @ 1/2"=1'-0" specifying exact dimensions, copy layout, typestyles, materials, colors,means of attachment, electrical specì{ications, and all other details of construction.b. Elevations of storefront @ 1/2';:1-O" showing design, location, size and layout of sìgn drawn to scale indicating dimensions,attachment devìces and construct¡on deta¡1.c. Sample board showing colors and materials including building fascia, letter faces, returns, and other details as requested by the Landlord.d. Section through letter and/or sign panel @ 1/2" =1'-O" showing the dimensioned projection of the face of the letter and/or sign paneland the illuminatìon.e. Cut-sheets of any external light fixtures, including color.f. Full-size line diagram of letters and logo may be requested for approval if deemed necessary by the Landlord.g. Colored elevatións showing represeniation of actual signage colors as well as actual building colors. Color call outs to be provided-
MASTËR SIGN PROGRAM2. All Tenant sign shop drawing submittah shall be reviewed by the Landlord for conformance w¡th the sign criteria and with the concept designas approved by the Landlord.S. ni¡ilr¡n ten (10) working days after receipt of Tenant's working sign drawings, Landlord shail either approve the submittal contingrent upon anyrequired modifications or disapprove Tenantt sign submittal, which approval or disapproval shall remaìn the.sole right and.d¡scretion of the Landlord. The Tenant must continue to resubmit revised plans until approval is obtained. A full set of final shop drawings must be approved andstamped by the Landlorrd prior to permit application or sign fabrication.4. Requests to establish signs that vary from the provisions of this sign criteria shaü be subrn¡tted to the Landord for approval. The Landlord mayapprove signs that depart from the specific provisions and constraints of this Sign Plan in order to:a. Encourage exceptional sign design and creativity.b. Accommodate imaginative, unique, and otherwise tasteful signage that is deemed to be within the spirit and intent of the sþn criteria.5. Following Landlord's approval of sign shop drawings and wìth a wet signature approval attached, Tenant or his agent shall submit to the Cityof San Juan Capistrano sign plans signed by the Landlord and applications for all permits for fabrication and instal{ation by Sign Contractor.Tenant shall furnish the Landlord with a copy of said approved permits prior to installation of Tenant! sign.ó. Signs shall be inspected upon installation to assure conformance. Any work unacceptable shall be corrected or modified at the Tenant'sexpense as required by the Landlord.NIVE¡ SI}NEET ËANKEI9LAEF I SITE SIGANGE PROGRAM
THE MARKETPLACEOFFICE SPACERETAIURESTAURANTSIGN TYPEl sqn /l lrnearn(50 sqft max)4sqtt3sqft2O"/" oÍ storefont glazinglnternal Halo or External36"30"36u2418"242sqft2sqft2O% of storefont glazingl sqn /l lrnearn(50 sqft max)ExternalOnlylnternal Halo or Externallllumination type noted above are suggested per each zone landlordapproval required per submitted.30"2430"4sqft3sqtt2Oo/o ol storefont glazinglsqn/rilnearn(50 sqft max)Sizes noted above are maximums for each sign type or letters.WallMounted PlaqueWindow GraphicsSign Max AreaMax. Sign Area Calculation(Sign Area / Linear Store Front)lllumination Allowances(lnternal or External lllumination)Fascia SignSign and Letter Max SizeSign Logo Max HeightMax sign height, if letters stackedBlade Sign (if space permits)SHEET 12
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ORDINANCE NO. 1072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT FOR CERTAIN REAL PROPERTY
LOCATED AT 31825 LOS RIOS STREET (ASSESSOR PARCEL
NUMBERS 121 -160-22, 28, 49) BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND RIVER STREET SJC, LLC PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET
SEQ. (APPLICANT: (DAN ALMQUIST, RIVER STREET SJC, LLC)
WHEREAS, the City of San Juan Capistrano ("City") has found that
development agreements will strengthen the public planning process, encourage
private participation in comprehensive planning by providing a greater degree of
certainty in that process, reduce the economic costs of development, allow for
the orderly planning of public improvements and services, allocate costs to
achieve maximum utilization of public and private resources in the development
process, and ensure that appropriate measures to enhance and protect the
environment are achieved; and,
WHEREAS, pursuant to California Government Code Sections 65864 ef
seg., the City of San Juan Capistrano is authorized to enter into development
agreements providing for the development of land under terms and conditions set
forth therein; and,
WHEREAS, Dan Almquist, River Street SJC, LLC, 610 Newport Center
Drive, Newport Beach, CA 92660 (the "Applicant"), has requested approval of a
General Plan Amendment (GPA) 16-03 and Flood Plain Land Use Permit (FP)
16-003 to develop a 59,067 square foot office/commercial development at31825
Los Rios Street, which is General Plan-designated Specific Plan/Precise Plan
and Specific Plan/Precise Plan on the Official Zoning Map and regulated by the
Los Rios Specific Plan 78-01 (the "Project"); and,
WHEREAS, Sheree & Doug lto are the owners of the real property located
at 31825 Los Rios Street (Assessor Parcel Numbers 121-160-22,28,49); and,
WHEREAS, on April 3, 2018, the City Council 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 requested for the proposed commercial
development project located on 5.86 acres; and,
WHEREAS, the Project has been processed pursuant to Section 9-2.307,
General Plan Amendment 17-002, Section 9-2.309, Code Amendment 16-003,
Section 9-2.321, Flood Plain Land Use Permit 16-003, of Title 9, Land Use Code
of the City of San Juan Capistrano to establish the land use policies and zoning
1 ATTACHMENT 2
regulat¡ons; and pursuant to Government Code Section 65864 et. seq.,
Development Agreement 18-002, for the project site, in the 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., t¡t. 14, $ 15000 et
seq.), the City of San Juan Capistrano is the lead agency for the proposed
Project; and,
WHEREAS, consistent with CEQA (Pub. Resources Code, $ 21000 et
seq.) and the State CEQA Guidelines (Cal. Code Regs., t¡t. 14, S 15000 et seq.),
the City prepared a Draft Environmental lmpact Report ("Draft E¡R") and
circulated that DEIR for public review and comment; and,
WHEREAS, consistent with CEQA and the State CEQA Guidelines, the
City prepared a Final Environmental lmpact Report ("Final EIR'), consisting of
the Draft ElR, all technical appendices prepared in support of the Draft ElR, all
comment letters received on the Draft ElR, written responses to all comment
letters received on the Draft ElR, and errata to the Draft EIR and technical
appendices; and,
WHEREAS, the "ElR" 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, the City has approved the all necessary entitlements for the
Project to provide for the orderly growth and quality development of the Project in
accordance with the General Plan; and,
WHEREAS, because of the logistics, magnitude of the expenditure and
considerable lead time prerequisite to planning and developing the Project,
Developer has proposed to enter into a development agreement concerning the
Project ("Development Agreement") to provide assurances that the Project can
proceed without disruption caused by a change in the City's planning policies and
requirements except as provided in the Development Agreement, which
assurance will thereby reduce the actual or perceived risk of planning for and
proceeding with development of the Project; and,
WHEREAS, the City desires the timely, efficient, orderly and proper
development of the Project in furtherance of the goals of the General Plan and
the Specific Plan; and,
WHEREAS, the City Council has found that this Development Agreement
is consistent with the City's General Plan and the Specific Plan; and,
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WHEREAS, the City Council has determined that by entering into the
Development Agreement: (i) the City will promote orderly growth and quality
development on the Property in accordance with the goals and policies set forth
in the General Plan and the Specific Plan; (ii) significant benefits will be created
for City residents and the public generally from increased employment and the
public gathering opportunities created by the Project; and,
WHEREAS, the City and Developer have reached mutual agreement and
desire to voluntarily enter into the Development Agreement to facilitate
development of the Project subject to conditions and requirements set forth
therein; and,
WHEREAS, the terms and conditions of the Development Agreement
have undergone review by the City Council at a publicly noticed hearing and
have been found to be fair, just and reasonable and consistent with the General
Plan and Specific Plan; and,
WHEREAS, on July 2,2019, the City Council held a duly advertised public
hearing on the Development Agreement and continued consideration; and,
WHEREAS, on August 6, 2019, the City Council held a duly advertised
public hearing on the Development Agreement and continued consideration; and,
WHEREAS, on August 20,2019, the City Council held a duly advertised
public hearing on the Development Agreement and continued consideration; and,
WHEREAS, on October 15,2019, the City Council held a duly advertised
public hearing on the Development Agreement; and,
WHEREAS, the City Council considered the Staff Report, all other
relevant documents, all recommendations by staff, and public testimony.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAP¡STRANO DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to Resolution No. 19-10-15-01, the City Council
has adopted Environmental Findings of Fact, a Statement of Overriding
Considerations, a Mitigation Monitoring and Reporting Program, and certified the
EIR prepared for the Project, including approval of Development Agreement (DA)
18-002 for the River Street Marketplace Project.
Section 2. Pursuant to California Government Code Section 65865, the
City Council hereby approves the development agreement attached hereto as
Exhibit "4", entitled "River Street SJC, LLC Development Agreement" (the
"Development Agreement").
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Section 3. Pursuant to California Government Code Section 65867.5(b),
and based on the entire record before the City Council, including all written and
oral evidence presented to the City Council, the City Council hereby finds that the
Development Agreement is consistent with the General Plan and the Specific
Plan because the Development Agreement will result in the development of the
Property at the intensity and density allowed under the General Plan and
consistent with the restrictions and standards in the Specific Plan.
Section 4 Based on the entire record before the City Council and all
written and oral evidence presented to the City Council, the City Council finds the
Development Agreement is in the best interests of the City and good land use
practices as it ensure the orderly development of the Property with amenities and
infrastructure that will be beneficial to the community.
Section 5. Based on the entire record before the City Council and all
written and oral evidence presented to the City Council, the City Council finds
this Ordinance promotes the public health, safety and welfare of the community
because the Development Agreement will permit land uses that best reflect
community needs, including the need for office, commercial and retail spaces,
and will allow for the most efficient and logical development of the real property
governed by the Development Agreement in the City.
Section 6. Based on the entire record before the City Council and all
written and oral evidence presented to the City Council, the City Council finds
that: (i) the economic interests of San Juan Capistrano citizens and the public
health, safety and welfare will be best served by entering into the Development
Agreement; (i¡) this Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the area in which the Property
is located; (iii) the Development Agreement is in conformity with the public
convenience, general welfare and good land use practice; (iv) the Development
Agreement will not be detrimental to the public health, safety and general
welfare; and (v) the Development Agreement will not adversely affect the orderly
development or the preservation of property values for the property it governs or
any other property.
The City Council further finds that among the public benefits to accrue to
the residents of the City as a result of the Development Agreement are:
1. The revitalization of an underdeveloped site
2. The development of onsite infrastructure upgrades that would not occur
othenruise.
3. The generation of additional sales and property tax
4. The stimulation of adjacent areas in the downtown area of the City by
introducing unique shopping, dining and entertainment experiences.
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5. The implementation of numerous City planning and economic
development policies which benefit the health and fiscal welfare of the
City and its residents.
6. The provision for the creation of public gathering spaces
Section 7. Pursuant to California Government Code Section
65867.5(b), and based on the entire record before the City Council, including all
written and oral evidence presented to the City Council, the City Council hereby
finds that the Development Agreement is consistent with the General Plan and
the Specific Plan because the Development Agreement will result in the
development of the Property at the intensity and density allowed under the
General Plan and consistent with the restrictions and standards in the Specific
Plan.
Section 8 Based on the entire record before the City Council and all
written and oral evidence presented to the City Council, the City Council finds
that 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 S 65865.2 and does not
include any provisions that are not authorized by the Development Agreement
Act.
Section 9. The provisions of the Development Agreement pertaining to
the uses, density and intensity of use, and development standards for the
Subject Property are intended to be and shall be consistent with those same
provisions of the Specific Plan.
Section 10. The City Clerk shall certify the adoption of this Ordinance
and shall cause the same to be posted as required by law. Pursuant to
Government Code Section 65868.5, within 10 days following the entering into of
the Development Agreement, as evidenced by the full execution thereof, the
Secretary shall record with the Orange County Recorder a copy of the
Development Agreement.
PASSED, APPROVED, AND ADOPTED this 5th day of November 2019.
BRIAN L. MARYOTT, MAYOR
ATTEST
MARIA MORRIS, CIry CLERK
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EXHIBIT "A"
RIVER STREET SJC, LLC DEVELOPMENT AGREEMENT
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EXHIBIT A
Recorded at request of:
City Clerk
City of San Juan Capistrano
V/hen recorded return to:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92675
Attention: City Clerk
)
)
)
)
)
)
)
)
)
)
Exempt from filing fees pursuant to Government Code $6103
DEVELOPMENT AGREEMENT NO. 18-OO2
A DEVELOPMENT AGREEMENT BET\ilEEN
CITY OF SAN JUAN CAPISTRANO
River Street SJC, LLC, a California limited liability company
and
DEVELOPMENT AGREEMENT NO.
This Development Agreement (hereinafter "Agreement") is entered into as ofthis
-day
of
2019 by and between the City of San Juan Capistrano, California (hereinafter
"CITY"), and River Street SJC LLC, a California limited liability company (hereinafter
..O'WNER''):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements withpersons
having legal or equitable interests in real property for the development of such property, pursuant to
Section 65864, et seq. of the Government Code; and
WHEREAS, This Agreement constitutes a current exercise of City's police powers to provide
predictability to Owner in the development approval process by vesting the permitted uses, density,
intensity of use, and timing and phasing of development consistent with the Development Plan in
exchange for Owner's commitment to provide significant public benefits to City as set forth in
Section 4, below.
V/HEREAS, OWNER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and
welfare will be served by entering into this Agreement; and
V/HEREAS, the City Council hereby finds and determines that this development agreement
is of major significance because it will enable the City to provide a rich and diverse retail,
entertainment and dining experience to the citizens of the City and will therefore implement
numerous general plan and other public policies of the City; and
WHEREAS, the provision by Owner of these aforementioned public benefits allows the City
to realize significant economic, and social benefits.
WHEREAS, the physical effects, if any, of the Project and this Agreement have been
analyzedpursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code section
21000 et seq.) and State CEQA Guidelines; and
V/HEREAS, this Agreement and the Project are consistent with the San Juan Capistrano
General Plan, as amended, and any specific plan, as amended, applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
1
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
V/HEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Project, and generally serve the
purposes for which development agreements under Section 65864, et seq. of the Government Code
are intended;
COVENANTS
NOV/, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
1
1.1
follows:
Definitions. The following terms when used in this Agreement shall be defined as
1.1.1 "Agreement" means this Development Agreement.
I.1.2 "CITY" means the City of San Juan Capistrano, a California municipal
corporation.
I .1.3 "City Council" means the duly elected city council of the City of San Juan
Capistrano.
1.I.4 "Commencement Date" means the date the Term of this Agreement
commences.
1.1.5 'oDevelopment" means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public facilities related to the Project
whether located within or outside the Property; the construction of buildings and structures; and the
installation of landscaping. "Development" does not includethe maintenance, repair, reconstruction
or redevelopment of any building, structure, improvement or facility after the construction and
completion thereof.
1.1 .6 "Development Approvals" means all permits and other entitlements for use
subject to approval or issuance by CITY in connection with development of the Property including,
but not limited to:
(a) general plan, general plan amendments, specific plans and specific
plan amendments;
.|
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits, public use permits, architectural review, and
plot plans;
(d) zoning;
(e) grading and building permits.
I.1.7 "Development Exaction" means any requirement of CITY in connection with
or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the
construction of improvements or public facilities, or the payment of fees in order to lessen, offset,
mitigate or compensate for the impacts of development on the environment or other public interests.
1.1.8 "Development Impact Fee" a monetary exaction other than a tax or special
assessment, whether established for a broad class of projects by legislation of general applicability or
imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in
connection with approval of a development project for the purpose of defraying all or a portion of the
cost of public facitities related to the development project, but does not include park "in lieu" fees
specified in Government Code Section 66477, fees for processing applications for governmental
regulatory actions or approvals, or fees collected under development agreements adopted pursuant to
Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4.
1.1.9 'oDevelopment Plan" means the plan for development of the Property as set
forth in Exhibit "C".
1 .1 .10 "Effective Date" means the date the ordinance approving and authorizing this
Agreement becomes effective.
1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
regulations and official policies of CITY governing fhe development and use of land, including,
without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation or
dedication of land for public pu{poses, and the design, improvement and construction standards and
specifications applicable to the development of the Property. "Land Use Regulations" does not
include any CITY ordinance, resolution, code, rule, regulation or offrcial policy, governing:
(a) the conduct ofbusinesses, professions, and occupations;
(b) taxes (special or general) and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and
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interests that provide for the use of or the entry upon public property;
(e) the exercise of the power of eminent domain.
l.l.I2 "OWNER" means the persons and entities listed as OWNER on page 1 of this
Agreement and their successors in interest to all or any part of the Property.
1.1.13 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of
trust or any other security-device lender, and their successors and assigns.
l.l.l4 "Project" means the development of the Property contemplated by the
Development Plan as such Plan may be further def,rned, enhanced or modified pursuant to the
provisions of this Agreement.
l.l.l5 "Property" means the real property described on Exhibit "A" and shown on
Exhibit "B" to this Agreement.
1.1.16 "Public Benefit" refers to those benefits provided to the City and the
community by Owner pursuant to Section 4 below.
I.I.I7 "Reservation of Rights" means the rights and authority excepted from the
assurances and rights provided to OWNER under this Agreement and reserved to CITY under
Section 3.3 of this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a part
of, this Agreement:
Exhibit ((A') - Legal Description of the Property
Exhibit ((8" - Map showing Property and its location.
Exhibit '(C)) - Development Plan.
Exhibit (6D" - Development Impact Fees
2, GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out in accordance
with the terms of the Development Plan and this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the owner ofthe
fee simple title to, or has an equitable interest in, the Property or a portion thereof.
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2.3 City Council Findings. The City Council finds that:
2.3.I This Agreement is consistent with the City's General Plan.
2.3.2 This Agreement ensures a desirable and functional community environment,
provides effective and efficient development of public facilities, infrastructure, and services
appropriate for the development of the Project, enhances effective utilization of resources within the
City.
2.3.3 This Agreement provides public benefits beyond those which are necessary to
mitigate the development of the Project.
2.3.4 This Agreement strengthens the public planning process, encourages private
participation in comprehensive planning and reduces costs of development and government.
2.3.5 The best interests of the citizens of the City and the public health, safety, and
welfare will be served by entering into this Agreement.
2.4 Term. The term ofthis Agreement shall commence on the date (the "Commencement
Date") that is the Effective Date, and shall continue for a period of Five (5) years thereafter, unless
this term is modified or extended pursuant to the provisions of this Agreement. Thereafter, the
OWNER shall have no vested right under this Agreement, regardless of whether or not OWNER has
paid any Development Impact Fee.
2.5 Assignment.
2.5.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map
Act, Government Code Section 66410, et Sgq.) to any person, partnership, joint venture, firm or
corporation at any time during the term of this Agreement; provided, however, that any such sale,
transfer or assignment shall include the assignment and assumption of the rights, duties and
obligations arising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of
the Property.
(b) Concurrent with any such sale, transfer or assignment, OWNER shall
notiS' CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an
executed agreement ("Assignment and Assumption Agreement"), in a form reasonably acceptable to
CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or
assignee expressly and unconditionally assumes all the duties, obligations, agreements, covenants,
waivers of OWNER under this Agreement, including, without limitation, the covenants not to sue
and waivers contained in Sections 7.2and 8.4 hereof.
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Any sale, transfer or assignment not made in strict compliance with the foregoing conditions
shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any
purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this
Subsection 2.5.l,the burdens of this Agreement shall be binding upon such purchaser, transferee or
assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee
until and unless such agreement is executed.
2.5.2 Release of Transferring Owner. Notwithstanding any sale, transfer or
assignment, a transferring OWNER shall continue to be obligated under this Agreement with respect
to the transferred Property or any transferred portion thereof, unless such transfening OWNER is
given a release in writing by CITY, which release shall be provided by CITY upon the full
satisfaction by such transferring OWNER of the following conditions:
(a) OV/NER no longer has a legal or equitable interest in all or any part of
the Property subject to the transfer.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agteement
required under Paragraph (b) of Subsection 2.5.1 above.
(d) The purchaser, transferee or assignee provides CITY with security
equivalent to any security previously provided by OWNER to secure performanie of its obligations
hereunder.
2.5.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an
initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and
conditions of this Section.
2.5.4 Utilities. The Project shall be connected to all utilities necessary to provide
adequate water, sewer, gas, electric, and other utility service to the Project, prior to the issuance of a
certificate of occupancy for any portion of the Project.
2.5.5 Sale to Public and Completion of Construction. The provisions of Subsection
2.5.1 shall not apply to the sale or lease (for a period longer than one year) of any lot that has been
finally subdivided and is individually (and not in "bulk") sold or leased to a member ofthe public or
other ultimate user. This Agreement shall terminate with respect to any lot and such lot shall be
released and no longer be subject to this Agreement without the execution or recordation of any
further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in
"bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate
user; and
(b) A certificate of occupancy has been issued for a building on the lot,
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and the fees for such lot set forth in this Agreement have been paid.
2.6 Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by written consent of all parties in the manner provided for in
Government Code Section 65868. This provision shall not limit any remedy of CITY or OWNER as
provided by this Agreement.
2.7 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occunence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.4.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) Completion of the Project in accordance with the terms of this Agreement
including issuance of all required occupancy permits and acceptance by CITY or applicable public
agency of all required dedications.
Termination of this Agreement shall not constitute termination of any other land use
entitlements approved for the Property. Uponthe termination of this Agreement, no party shall have
any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement that has occurued prior to such termination or with respect to any
obligations that are specifically set forth as surviving this Agreement.
2.8 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver,
appointment or other communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records ofthe telegraph company
after transmission by telegraph to the recipient named below. All notices shall be addressed as
follows:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Ca 9267 5
Attn: City Manager
If to CITY:
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Copy to:
If to OWNER:
Frontier Real Estate Investments
610 Newport Center Drive Suite 1520
Newport Beach, Ca92660
Attn: Dan Almquist
Telephone : Qa\ 800-8067
Copy to
Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA92694
Attn: John A. Ramirez
Telephone (7 I 4) 662-4610
(c) Either party may, by notice given at any time, require subsequent notices to be
given to another person or entity, whether aparty or an officer or representative of a party, or to a
different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservation
of Rights, OWNER shall have a vested right to develop the Property in accordance with, and to the
extent of, this Agreement. Except as expressly provided otherwise herein, the Project shall remain
subject to all Land Use Regulations ahd Development Approvals in effect on the Effective Date that
are required to complete the Project as contemplated by the Development Plan. Except as otherwise
provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the
maximum height and size of proposed buildings, and provisions for reservation and dedication of
land for public purposes shall be those set forth in the Land Use Regulations and Development
Approvals in effect on the Effective Date or, if consented to by OWNER, those subsequently adopted
or amended. OWNER shall comply with all mitigation measures required to be undertaken pursuant
to any document prepared in compliance with the California Environmental Quality Act with respect
to the Project.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement including the Reservation of Rights, the rules, regulations and offrcial
policies governing permitted uses of the Property, the density and intensity ofuse ofthe Property, the
maximum height and size of proposed buildings, and the design, improvement and construction
standards and specifications applicable to development of the Property shall be the Land Use
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Regulations and Development Approvals in effect on the Effective Date. In connection with any
subsequently imposed Development Approvals and except as specifically provided otherwise herein,
CITY may exercise its discretion in accordance with the Land Use Regulations then in effect, as
provided by this Agreement, including, but not limited to, the Reservation of Rights. CITY shall
accept for processing, review and action all applications for subsequent development approvals, and
such applications shall be processed in the same manner and the CITY shall exercise its discretion,
when required or authorized to do so, to the same extent it would otherwise be entitled in the absence
of this Agreement.
3.3 Reservation of Rights.
3.3.1 Limitations. Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following regulations shall apply to the development of the
Property:
(a) Processing fees and charges of every kind and nature imposed by
CITY to cover the estimated actual costs to CITY of processing applications for Development
Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions,
applications, notices, findings, records, hearings, reports, recommendations, appeals and any other
matter of procedure.
(c) Regulations, policies and rules goveming engineering and construction
standards and specifications applicable to public and private improvements, including, without
limitation, all uniform codes adopted by the City and any local amendments to those codes adopted
by the CITY, including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical
Code, Electrical Code, and Grading Ordinance.
(d) Regulations imposing Development Exactions; provided, however,
that no such subsequently adopted Development Exaction shall be applicable to development of the
Property unless such Development Exaction is applied uniformly to development, eitherthroughout
the CITY or within a defined area of benefit which includes the Property. No such subsequently
adopted Development Exaction shall apply if its application to the Property would physically prevent
development of the Property for the uses and to the density or intensity of development set forth in
the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the
same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall
allow a credit against such subsequently adopted Development Exaction for the fees paid under
Section 4 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations that may be in material conflict with this Agreement but
that are reasonably necessary to protect the residents ofthe project or the immediate community from
a condition perilous to their health or safety. To the extent possible, any such regulations shall be
applied and construed so as to provide OWNER with the rights and assurances provided under this
Agreement.
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(Ð Regulations that are not in material conflict with this Agreement or the
Development Plan. Any regulation, whether adopted by initiative or otherwise,limiting the rate or
timing of development of the Property shall be deemed to materially conflict with the Development
Plan and shall therefore not be applicable to the development of the Property.
(g) Regulations that are in material conflict with the Development Plan;
provided OWNER has given written consent to the application of such regulations to development of
that Property in which the OTVNER has a legal or equitable interest.
(h) Regulations that impose, levy, alter or amend fees, charges, or Land
Use Regulations relating to consumers or end users, including, without limitation, trash can
placement, service charges and limitations on vehicle parking.
(i) Regulations of other public agencies, including Development Impact
Fees adopted or imposed by such other public agencies, although collected by CITY.
3.3.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on subsequent development approvals and to the same extent it would otherwise be
authorized to do so absent this Agreement, from applying subsequently adopted or amended Land
Use Regulations that do not materially conflict with this Agreement.
3.3.3 Modification or Suspension by State or Federal Law. In the event that State,
County or Federal laws or regulations, enacted after the Effective Date ofthis Agreement, prevent or
preclude compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such State or Federal
laws or regulations; provided, however, that this Agreement shall remain in full force and effect to
the extent it is not inconsistent with such laws or regulations and to the extent such laws or
regulations do not render such remaining provisions impractical to enforce.
3.3.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit certain aspects of its police power by contract and that the foregoing limitations,
reservations and exceptions are intended to reserve to CITY all of its police power that cannot be or
are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if
necessary, to reserve to CITY all such power and authority that cannot be or is not by this
Agreement's express terms so restricted.
3.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY may possess authority to regulate aspects of the
development ofthe Property separately from or jointly with CITY and this Agreement does not limit
the authority of such other public agencies.
3.5 Timing of Development. Because the Califomia Supreme Court held in Pardee
Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that
case to provide for the timing of development resulted in a later-adopted initiative restricting the
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timing of development to prevail over the parties' agreement, it is the specific intent of the Parties to
provide for the timing of the Project in this Agreement. To do so, the Parties acknowledge and
provide that Owner shall have the right, but not the obligation, to complete the Project in such order,
at such rate, at such times, and in as many development phases and sub-phases as Owner deems
appropriate in its sole subjective business judgment
3.6 Conditions. Covenants and Restrictions. Owner shall have the ability to reserve and
record such covenants, conditions, and restrictions (CC&Rs) against the Property as Owner deems
appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement
or the General Plan. Before recordin g any CC&Rs, Owner shall provide a copy of the CC&Rs to the
City for review and approval by the City Attorney. The City Attorney's review shall be limited to
determining if the CC&Rs substantially comply with this Agreement. Within thirty (30) days after
receiving a copy of the proposed CC&Rs from Owner, the City Attorney shall provide Owner with
either (i) a statement that the CC&Rs comply with this Agreement ("CC&R Approval") or (ii)
written comments identifying each aspect of the CC&Rs which the City Attorney believes not to be
in compliance with this Agreement (a "statement of Non-Compliance"). If the City Attorney fails to
provide Owner with either CC&R Approval or a Statement of Non-Compliance within thirty (30)
days following a written request by Owner, City shall be deemed to have approved the CC&Rs and
Owner may record the CC&Rs against the Property. If the City Attorney provides a Statement of
Non-Compliance, Owner shall have thirty (30) days in which to respond to the Statement of Non-
Compliance. Upon submittal of Owner's response, the procedure described above for the initial
submittal and City Attorney review of proposed CC&Rs shall again be followed. This procedure
shall be followed until Owner either (l) receives CC&RApproval, (2) submits the compliance issues
to binding arbitration pursuant to the rules of the American Arbitration Association, (3) files an
action for declaratory relief in Orange County Superior Court seeking a judicial determination ofthe
compliance of the proposed CC&Rs, or (4) agreement is otherwise reached between the Parties
allowing for the recording of the CC&Rs. The CC&Rs may run with the land and bind Owner's
successors and assigns. Except as provided above, any dispute between the Parties regarding the
City's approval or rejection of the CC&Rs shall be subject to immediate and binding arbitration
pursuant to the rules of the American Arbitration Association.
4. PUBLIC BENEFITS.
4.I Public Benefits. The Project will redevelop a 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 revitalize an under developed site, will provide on-site infrastructure upgrades and will
provide additional sales tax revenue 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.
4.2 Development Impact Fees.
4.2.1 Amount of Fee. The Development Impact Fees set forth in Exhibit "D" shall
be charged to the Project.
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4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid
to CITY prior to the issuance of building permits. No fees shall be payable for building permits
issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection
4.2.1 shall be paid prior to the re-issuance or extension of any building permit for which such fees
have not previously been paid.
4.2.3 Fee Credits. OWNER shall be entitled to credit against the fees required
pursuant to Subsection 4.2.1 for the dedication of land, the construction of improvements or the
payment of fees as specifically set forth in Exhibit "E".
4.2.4 Future Development Impact Fees: Increases. The Parties hereby agree that, in
addition to the Development Impact Fees included in Exhibit "D", the Project shall be subject to the
imposition of any Development Impact Fee that becomes effective after the Effective Date. In
addition, the Project shall be subject to any increase, amendment or alteration of any Development
Impact Fee that becomes effective after the Effective Date.
4.2.5 Prepayment. In no event shall the prepayment of any Development Impact
Fees required hereunder establish a vested right on the part of OWNER or any other owner of the
Property or any person or entity with an interest therein to develop the Project or the Property
following the expiration, cancellation or termination of the Term of this Agreement. Following the
expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect
shall be applicable to the Project and Property notwithstanding any provision of this Agreement and
notwithstanding the prepayment of the Development Impact Fees set forth in Exhibit '0D", arry
increase or amendment of any Development Impact Fee, or any combination thereof. Nothing
contained in this Subsection 4.2.5 shall be construed as limiting the right of OWNER to a credit
against any Development Impact Fees as set forth in Section 4.2.3 heteof'
4.4 Dedication of On-Site Easements and Rights of Way. OWNER shall dedicate to
CITY all on-site rights of way and easements deemed necessary for public improvements, in CITY's
sole discretion, within 15 days of receipt of written demand from CITY.
4.5 Timing of Construction of Off-Site Infrastructure. Approval of any building permits
on the Property shall be conditioned upon CITY's determination, in its sole discretion, that suffrcient
progress is being made on construction of ofÊsite infrastructure serving development of OWNER's
Property.
5. FINANCING OF PUBLIC IMPROVEMENTS. O\Ã/NER may propose, and if requested by
CITY shall cooperate in, the formation of any special assessment district, community facilities
district or alternate financing mechanism to pay for the construction andlor maintenance and
operation of public infrastructure facilities required as part of the Development Plan. To the extent
any such district or other financing entity is formed and sells bonds in order to finance such
reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates
land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and
agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY
or the City Council to form any such district or to issue and sell bonds.
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6, REVIEW FOR COMPLIANCE.
6.1 Periodic Review. The CITY shall review this Agreement annually, on or before the
anniversary of the Effective Date, in order to ascertain the compliance by OWNER with the terms of
the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the
City Manager, within thirty (30) days after written notice from the City Manager. The Annual
Monitoring Report shall be accompanied by an annual review and administration fee sufficient to
defray the estimated costs of review and administration ofthe Agreement during the succeeding year.
The amount of the annual review and administration fee shall be set annually by resolution of the
City Council.
6.2 Special Review. The City Council may order a special review of compliance with
this Agreement at any time. The City Manager, or his or her designee, shall conduct such special
reviews.
6.3 Procedure.
(a) During either a periodic review or a special review, OWNER shall be required
to demonstrate good faith compliance with the terms ofthe Agreement. The burden of proof on this
issue shall be on OV/NER.
(b) Upon completion of a periodic review or a special review, the City Manager,
or his or her designee, shall submit a report to the Planning Commission setting forth the evidence
concerning good faith compliance by OWNER with the terms of this Agreement and his or her
recommended finding on that issue.
(c) If the Planning Commission finds and determines on the basis of substantíal
evidence that OWNER has complied in good faith with the terms and conditions of this Agreement,
the review shall be concluded.
(d) If the Planning Commission f,rnds and determines on the basis of substantial
evidence that OWNER has not complied in good faith with the terms and conditions of this
Agreement, the Commission may recommend to the City Council modification or termination of this
Agreement. OWNER may appeal a Planning Commission determination pursuant to this Section
6.3(d) pursuantto CITY's rules for consideration of appeals in zoning matters then in effect. Notice
of default as provided under Section 7 .3 of this Agreement shall be given to OWNER prior to or
concurrent with proceedings under Section 6.4 and Section 6.5.
6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3,
CITY determines to proceed with modification or termination of this Agreement, CITY shall give
written notice to OWNER of its intention so to do. The notice shall be given at least ten (10)
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
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(b) A statement as to whether or not CITY proposes to terminate or to modify the
Agreement; and,
(c) Such other information that the CITY considers necessary to inform OWNER
of the nature of the proceeding.
6.5 Hearing on Modification or Termination. At the time and place set for the hearing on
modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be
required to demonstrate good faith compliance with the terms and conditions of this Agreement. The
burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial
evidence, that OWNER has not complied in good faith with the terms or conditions of the
Agreement, the City Council may terminate this Agreement or modify this Agreement and impose
such conditions as are reasonably necessary to protect the interests of the CITY. The decision ofthe
City Council shall be final.
6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special
Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by
O'WNER, issue a Certificate of Agreement Compliance ("Certificate") to OIVNER stating that after
the most recent Periodic or Special Review and based upon the information known or made known
to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) OWNER is
not in default. The Certificate shall be in recordable form, shall contain information necessary to
communicate constructive record notice of the finding of compliance, shall state whether the
Certificate is issued after a Periodic or Special Review and shall state the anticipated date of
commencement of the next Periodic Review. OWNER may record the Certificate with the County
Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or OWNER,
CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special
Review, but was concealed from or otherwise not known to the City Manager or City Council.
7. DEFAULT AND REMEDIES.
7.1 Remedies in General. It is acknowledged by the parties that CITY would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof. In general, each of the parties hereto may pursue any
remedy at law or equity available for the breach of any provision of this Agreement, except that
CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to
any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action that arises out of
this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or
provided under or pursuant to this Agreement; or
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(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement.
7.2 Release. Except for non-monetary remedies, OV/NER, for itself, its successors and
assignees, hereby releases CITY, its offrcers, agents and employees from any and all claims,
demands, actions, or suits of any kind or nature arising out of any liability, known or unknown,
present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to
Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the
United States Constitution, or any other law or ordinance which seeks to impose any other liability or
damage, whatsoever, upon CITY because it entered into this Agreement or because of the terms of
this Agreement. OWNER hereby acknowledges that it has read and is familiar with the provisions of
California Civil Code Section 1542, which is set forth below:
''A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
V/HICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERTALLY AFFECTED HIS OR HER SETTLEMENT
V/ITH THE DEBTOR.''
By initialing below, OWNER hereby waives the provisions of Section 1542 in
connection with the matters that are the subject of the foregoing waivers and releases.
Owner's Initials
7.3 Termination or Modification of Agreement for Default of OWNER. CITY may
terminate or modify this Agreement for any failure of OWNER to perform any material duty or
obligation of OWNER under this Agreement, or to comply in good faith with the terms of this
Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modi$
this Agreement pursuant to this Section only after providing written notice to OWNER of default
setting forth the nature of the default and the actions, if any, required by OWNER to cure such
default and, where the default can be cured, OWNER has failed to take such actions and cure such
default within sixty (60) days after the effective date of such notice or, in the event that such default
cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to
commence the actions necessary to cure such default within such sixty (60) day period and to
diligently proceed to complete such actions and cure such default.
7.4 Termination of Agreement for Default of CITY. OWNER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of the
default and the actions, if any, required by CITY to cure such default and, where the default can be
cured, CITY has failed to take such actions and cure such default within sixty (60) days after the
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effective date of such notice or, in the event that such default cannot be cured within such sixty (60)
day period but can be cured within a longer time, has failed to commence the actions necessary to
cure such default within such sixty (60) day period and to diligently proceed to complete such actions
and cure such default.
8. LITIGATION.
8.1 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense,
including attorneys' fees, indemnifu, and hold harmless CITY, its agents, offtcers and employees
from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set
aside, void, or annul the approval of this Agreement, or the approval of any permit granted pursuant
to this Agreement. CITY shall promptly notify OWNER of any claim, action, proceeding or
determination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY
fails to promptly notifu OWNER of any such claim, action, proceeding or determination, or if CITY
fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemni$, or
hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action,
proceeding or determination.
8.2 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation ofany federal, state or local law,
ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or
about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall
defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any
action based or asserted upon any such alleged act or omission. CITY may in its discretion
participate in the defense of any such action.
8.3 Reservation olRights. With respect to Section 8.1 and Section 8.2 herein, CITY
reserves, the right to either (1) approve the attorney(s) that the indemnifuing party selects, hires or
otherwise engages to defend the indemnified party hereunder, which approval shall not be
unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifuing
party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred
for such defense, including attorneys' fees, upon billing and accounting therefor.
8.4 Challenge to Existing Land Use Approvals. By accepting the benefits of this
Agreement, OWNER, on behalf of itself and its successors in interest, hereby expressly agrees and
covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect
as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant
against any direct suit by OWNER or its successor in interest, or any participation, encouragement or
involvement whatsoever that is adverse to CITY by OWNER or its successor in interest, other than
as part of required response to lawful orders of a court or other body of competent jurisdiction.
OWNER hereby expressly waives, on behalf of itself and its successors in interest, any claim or
challenge to any land use approval affecting the Property and in effect as of the Effective Date. In
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the event of any breach of the covenant or waiver contained herein, CITY shall, in addition to any
other remedies provided for at law or in equity, be entitled to:
(a) impose and recover (at any time, including after sale to a member of the public or
other ultimate user) from the party breaching such covenant or waivet, the full
amount of Development Impact Fees that the breaching party would have been
required to pay in the absence of this Development Agreement; and
(b) impose any subsequently adopted land use regulation on those land use approvals for
which the breaching party had not, as of the time of such breach, obtained a building
permit.
OWNER hereby acknowledges that it has read and is familiar with the provisions of
California Civil Code Section 1542, which is set forth below:
''A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
V/HICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.''
By initialing below, OWNER hereby waives the provisions of Section 1542 in
connection with the matters that are the subject of the foregoing waivers and releases.
Owner's Initials
8.5 Survival. The provisions of Sections 8.1 through 8.4, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEEPROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any
manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any
improvement thereon by any mortgage, deed of trust or other security device securing financing with
respect to the Property. CITY acknowledges that the lenders providing such financing may require
certain Agreement interpretations and modifications and agrees upon request, from time to time, to
meet with OWNER and representatives of such lenders to negotiate in good faith any such request
for interpretation or modification. CITY will not unreasonably withhold its consent to any such
requested interpretation or modification provided such interpretation or modification is consistent
with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to
the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
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defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or
any part thereof, which Mortgagee, has submiued a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of any
default by OWNER in the performance of OWNER's obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of any
notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of
that notice to the Mortgagee within ten ( 1 0) days of sending the notice of default to OWNER. The
Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure
period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any
other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty
under this Agreement to perform any of OWNER's obligations or other affirmative covenants of
OWNER hereunder, or to guarantee such performance; provided, howevér, that to the extent th at any
covenant to be performed by OWNER is a condition precedent to the performance of a covenant by
CITY, the performance thereof shall continue to be a condition precedent to CITY's performance
hereunder, and fuither provided that any sale, transfer or assignment by any Mortgagee in possession
shall be subject to the provisions of Section 2.5 of this Agreement.
10. MISCELLANEOUSPROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council within
ten (10) days after the City enters into the Agreement, in accordance with Section 65868.5 of the
Government Code. If the parties to this Agreement or their successors in interest amend or cancel
this Agreement, or if the CITY terminates or modifies this Agreement as provided herein for failure
of the OWNER to comply in good faith with the terms and conditions of this Agreement, the City
Clerk shall have notice of such action recorded with the Orange County Recorder.
I0.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements that are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall be
admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions
of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be
determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
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consideration the pu{poses of this Agreement. Notwithstanding the foregoing, the provision of the
Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development
Impact Fees set forth therein, are essential elements of this Agreement and CITY would not have
entered into this Agreement but for such provisions, and therefore in the event such provisions are
determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of
no force and effect whatsoever.
10.4 Interpretation and Goveming LaW. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California. This
Agreement shall be construed as a whole according to its fair language and common meaning to
achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not be employed in interpreting
this Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience
only and shall not affect any construction or interpretation of this Agreement.
10.6 Sineular Plural. As used herein, the singular of any word includes the plural
10.7 Joint and Several Obligations. If at any time during the Term of this Agreement the
Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS
under this Agreement shall be joint and several, and the default of any such OWNER shall be the
default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot that has
been finally subdivided and sold to such OWNER as a member of the general public or otherwise as
an ultimate user shall have any obligation under this Agreement except as expressly provided for
herein.
10.8 TimeofEssence. Timeisoftheessenceintheperformanceoftheprovisionsofthis
Agreement as to which time is an element.
10.9 V/aiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party's right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
10.1 1 Force Majeure. Neither party shall be deemed to be in default where failure or delay
in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other
Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the
party's control, (including the party's employment force), govemment regulations, court actions (such
as restraining orders or injunctions), or other causes beyond the party's control. If any such events
-19-
shall occur, the Term of this Agreement and the time for performance by either party of any of its
obligations hereunder may be extended by the written agreement of the parties for the period oftime
that such events prevented such performance, provided that the Term of this Agreement shall not be
extended under any circumstances for more than flve (5) years.
10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby of
the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the
benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement.
All provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land. Each covenant to do or refrain from doing some act hereunder with
regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of
the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party
and each successor in interest during ownership of the Property or any portion thereof.
1 0. 14 Counterparts. This Agreement may be executed by the parties in counterparts, which
counterparts shall be construed together and have the same effect as if all of the parties had executed
the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by aparty hereto for the purpose of enforcing, construing or determining the validity of
any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Orange, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereundet, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in this
Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and OWNER is that of a government entity
regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each ofthe parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the performance of all
obligations under this Agreement and the satisfaction ofthe conditions of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute and file or record such
required instruments and writings and take any actions as may be reasonably necessary under the
terms of this Agreement to carry out the intent and to fulflll the provisions of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
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10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of
California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of Califomia, or it is a foreign corporation, then in any such event,
OWNER shall file with the City Manager, upon its execution of this Agreement, a designation of a
natural person residing in the State of California, giving his or her name, residence and business
addresses, as its agent for the purpose ofservice ofprocess in any court action arising out oforbased
upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall
constitute valid service upon OV/NER. If for any reason service of such process upon such agent is
not feasible, then in such event OWNER may be personally served with such process and such
service shall constitute valid service upon OWNER. OWNER is amenable to the process so served,
submits to the jurisdiction of the Court so obtained and waives any and all objections and protests
thereto.
10.20 Authorit]¡ to Execute. The pefson of pef sons executing this Agreement on behalf of
OWNER warrants and represents that he or she/they have the authority to execute this Agreement on
behalf of his or her/their corporation, partnership or business entity and warrants and represents that
he or she/they has/have the authority to bind OWNER to the performance of its obligations
hereunder.
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IN V/ITNESS V/HEREOF, the parties hereto have executed this Development
Agreement on the last day and year set forth below.
O\ryNER
zuVER STREET SJC LLC,
a California limited liability company
By
Dan Almquist Manager
Dated
CITY
CITY OF SAN JUAN CAPISTRANO, A
California municipal corporation
Mayor
Dated:
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By:
.t1
City Attorney
EXHIBIT "4"
(Legal Description of the Property)
6 l 147.80009\3202s416.4
Exhibit A
Order Number: 05A-4864665 (50)
EXHIBIT A
LEGAL DESCRIPTION
Real propefi in the City of San Juan Capistrano, County of Orange, State of California,
described as follows:
THAT PORTION OF LOT 56 OF TRACT NO. 103, AS SHOWN ON A MAP THEREOF RECORDED IN
BOOK 11, PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF RIVER STREEI AS ABANDONED
BY ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE, A COPY OF WHICH
WAS RECORDED MAY 15, 1948 IN BOOK 1637, PAGE 220 OF OFFICIAL RECORDS AND RE-
RECORDED MAy 21, 1948 IN BOOK 1640, PAGE 545 OF OFFICIAL RECORDS, SHOWN ON A MAP
OF SAID TRACT NO. 103; AND TOGETHER WITH THAT PORION OF LOT 4, BLOCK 3 OF THE
TOWNSITE OF SAN JUAN CAPISTRANO, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK
3, PAGES 120 TO 125 INCLUSIVE OF MISCELI.ANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 56; THENCE NORTH 8o 52' 56'
WEST ALONG THE NORTHERLY PROLONGATON OF THE EASTERLY BOUNDARY OF SAID LOT
56,22,56 FEET TO AN INTERSECTION WITH THE CENTER LINE OF SAID RIVER STREET, AS
ABANDONED THENCE SOUTH 53O 31' 34' WEST ALONG THE CENTER LINE OF SAID RIVER
STREET 558.74 FEET TO AN ANGLE POINT IN SAID CENTER LINE; THENCE SOUTH 20o 4t' 34"
WEST CONÏNUING ALONG SAID CENTER LINE 21.91 FEET TO AN INTERSECTION WITH THE
NORTHERLY PROLONGAÏON OF THE WESTERLY BOUNDARY OF SAID LOT 56; THENCE SOUTH
14O 59' OO'' EAST ALONG THE WESTERLY BOUNDARY OF SAID LOT 56 AND THE NORTHERLY
PROLONGATON THEREOF, 482.07 FEET TO THE SOUTHWEST CORNER OF SAID LOT 56;
THENCE SOUTH 87o 34'00' EAST 385.35 FEETTO THE WESTERLY LINE OF LOS RIOS STREEI
AS SHOWN ON A MAP RECORDED IN BOOK 37 PAGE 1 OF RECORD OF SURVEYS OF SAID
ORANGE COUNTY; THENCE NORTH 20 04' 30" EAST ALONG THE WESTERLY LINE OF SAID LOS
RIOS STREET t02.62 FEET; THENCE NORTH 89" 33' 38" WEST 46.65 FEET; THENCE NORTH 2o
20' 38'WEST 86.98 FEET; THENCE SOUTH 89" 33' 38" EAST 16.00 FEET; THENCE NORTH 2o
20'38'WEST43.75 FEETTO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF SAID LOT 56,
SAID ANGLE POINT BEING ON THE NORTH LINE OF SAID LOT 4, BLOCK 3, TOWNSITE OF SAN
JUAN CAPISTRANO; THENCE NORTH 89" 33' 38" WEST 73.13 FEETTO ANOTHER ANGLE POINT
IN SAID EASTERLY BOUNDARY OF LOT 56; THENCE NORTH 20 20' 38" WEST 42.00 FEET TO
ANOTHER ANGLE POINT IN SAID EASTERLY BOUNDARY OF LOT 56; THENCE SOUTH 89o 33'
38" EAST 14.98 FEET; THENCE LEAVING SAID BOUNDARY OF LOT 56 AND RUNNING THENCE
NORTH 2O 20' 38" WEST PARALLEL TO THE WESTERLY BOUNDARY OF SAID LOS RIOS STREEI
214.62 FEET; THENCE NORTH 8o 52' 56" WEST 234.96 FEET TO AN INTERSECTON WITH A
LINE WHICH LIES PARALLEL TO AND 4O.OO FEET SOUTHWESTERLY OF, MEASURED AT RIGHT
ANGLES, SAID CENTER LINE OF RIVER STREET; THENCE NORTH 53" 31' 34" EAST PARALLEL
TO THE CENTERLINE OF RIVER STREET 113.87 FEET TO SAID WESTERLY LINE OF LOS RIOS
STREET; THENCE NORTH Bo 52' 56" WEST 22.57 FEET TO THE POINT OF BEGINNING.
APN: 121-160-22, t2L-I60-28 and t2t-L60-49
First American Title
EXHIBIT "B''
(Map of the Property)
6 1 t47.80009\32025416.4
Exhibit B
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EXHIBIT "C''
(Development Plan)
6l 147.80009\32025416.4
Exhibit C
@ßæmpa@L G 121¡æ-2S r21¡6ù22 121rGe\*o? É-\o? ?TAncHGCrlFÊOÑîEÊ FAL €SIAIE ÑÑENTS BSELG&Þ A¡q]rcruÂE6rcÛËwrctsf cÈrrEÊmM,surE4ro @scHsr.swÉláÆ\/\ffiãd,ø60øIraO:MNALMOIFI æñTS:JM@æ.æ{ı500 *ðz8rlñmzdE r@GsÊciFc PUN -sÞ&rcpw 7&1*ffi PÂ: @ DENSñ CovMEFchlæ' ùmrfrTôlÀs &Ë.G$ rú36 acrroral Ló1 @É .9,374 SÊ n ,13 &lOrA OÞS @4,S1 $ i4.73 aC)Î@L SRrß@ ffial.æ $ útaqffi¡LNoffi&:ÀÐO51*S@ÂomþML N ¡fiÉcr PA¡Krs: 20 sr^LLsVÁLLEY CÙIL @N GtrCOMAO: MAÌ.Ifl L6AúGlMgCH, û#1@TÂd:WFfr@@CEfuIED GSIBÉ ÍÀ6: 7 5T[6 ¡ VAN TALUPBdtrD AøÊSSIåE SIALS 7 STALIS (? VAÑ STAIS)@4!!S.eq@sHOtrEÊM: 6¡oFìffiEeEPAüNôL(MmM:* oFëMMvHcGPffirNcsoFf EN:?42:.S:.6- rOæsHoaT EnM BlflcLÊ PAÂffi FzuFÐ; 1 1 BIKE ÊÀ*SLoNGTEaM:242¡.10 x,6 - ì.2rLÔßMV 8CYæ PAKIß rclFÐISITE PLANScale: 1'= 30'September 13,2019VICINITY MAPPROJECT SITEao0mroqú\-0o'$-1@çév"€ÞC-€oRIVER STREETPASEO ADELANTO & RIVER STSAN JUAN CAPISTRANO, CALIFORNIAcKERCHBL GROUPTECTURÊ¡,6!!æ c'oo( rrd ¿ ard srDcaodst*rw0illlttilltltilillt2b+Ëþ+klrrtfl{il€REEN ÉOUÉE1,O4A 5VMËR¿ANTILEAPPROX. 12,150 9r+qþ43 2NO 5lAel OFFTCEhV) ç=Iôôotr+MAR<ÉTPLA¿EREP BARNè.oào 9Fl3600 a¡FcH sTFE€r, s!¡rE 120
EXHIBIT "D"
(Development Impact Fees)
6 I 147.80009\320254t6.4
Pu6uant to Rssolution 12-05-01-02
(Unlsss Otheruise Noted)
Developer Impact Fees Summary
EXHIBIT D
Parks and on es
NOTE: BASED UPON ORDINANCE NO, 210 PASSED ON DECEMBER 77, 7972, UPDATED 1999
49 Units or Less
detached dwellinq units $ 11.600.00 Per Unit
$10,512.00 Per Unit
Attached units, including duplex, townhomes and
apartments
s6.525.00 Per UnitMobile Homes
5O Units or More
If there is no park or recreational facility designated in the Recreational Element to be located in whole or ¡n part
within the proposed subdivísion to sente the immediate and future needs of the residents of the subdivision, the
subdívided shall, in lieu of dedicating land, pay a fee equal to the value of the tand prescribed for dedication as
indicated in Section (1) below and in an amount determined in accordance with the provision of Section (2) below,
such fee to be used for a park which will serve the residents of the area being subdivided.
Section (7)
3.1 persons per dwelling
r rnif(b) Town houses and 4 bedroom apts.
2.4 persons per oweilrn9
rrnil(c) Multiple family dwelling units
1.9 persons per dwelllng
r rnif(d) Mobile home dwelling units
Section (2)
Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the
fair market value of the amount of land which would otherwise be required to be dedicated pursuant to
Section (1), The fee shall be paid pursuant to the provisions contained in Section (3). The "fair market
value" shall be determined by City Council prior to tentat¡ve map approval, based on an appraisal approved
by the City and paid for by the subdivider
Section
Time of commencement must be designated. At the time the final tract map is approved, the City council
shall designate the time when development of the park and recreational facilities shall be paid.
Agricultural Preservation
NOTE: BASED UPON ORDINANCE NUMBER 316 PASSED ON IANUARY 19, 1977
$s00.00 Per UnitResidential Development
s1.000.00 Per AcreCommercial or Industrial Development
Sewer Connection Fees note 1
NOTE: BASED UPON CSJC RESOLUTION NO. 04-11-16-05, Adopted November 16,2004
94.44t.69Per dwelling unit or per meter whichever is greater
s4.44t.69Per mobile home space
ç4,44L.69Per motel room with kitchen facility
ç4,44t.69
Per 1500 SF of
floor area or
fraction thereof
Non-residential- including commercial, industrial, public
buildings, schools, churches, motels, and hotels without
kitchen facilities;
on Fee ram m Feesnocrc
NOTE: BASED UPON.CSJC RESOLUTION NO. 02-05-21-02 Adopted May 21,2002
Residential
Land Use Category/Unit
s7,387.OOSingle DU r Primary and Secondary)/Dwelling Unit
$6,088.00Multiple DU/Dwelling Unit
Page 1 of4
Developer Impact Fees Summary
NOTE: BASED UPON ORDINANCE NUMBER 364 PASSED ON IUNE 1978
N)TE: BASED UPON ORDINANCE NUMBER 211 PASSED ON NOVEMBER 1 1972
Pursuant to Rêsolut¡on 12-05-0142
(Unlsss Oth€mise Notsd)
Commercial
Land Use Category/Unit
$228,000.00Auto DealershiP/Acre
$3.04Auto Repair/Service/sf of floor area
$3.s4Church/sf of floor area
$12.99Clinic/sf of floor area
$8.s1Commercial/sf of floor area
$170.00Elementary/Middle School/student
$76.00uestriable
$6,330.00uAcre
$520,00High School/student
$7.60Hospital/sf of floor area
$3,310.00Hotel/Room
$3.88Industrial/sf of floor area
$9.42Mortuary/sf of floor area
$3,870.00Motel/Room
$s.32Museum/sf of floor area
$2,280.00Nursing Home/bed
$6.40Office/R & D/sf of floor area
$360.00Private School/student
$15,200.00a/CourtRacquet Club/Health Sp
$150.00Self Storage/Unit
$35,625.00ervrce
$35,625.00onwServiceate
$680.00Theater/Seat
Ordinance 364
L o/o of estimated
building permit valuation
of a building or $1.00,
whichever is hiqher
Systems Development
nce 211onOrdNew
Schedule A - Fees for plans submitted to the A rchitectural
(1) Residential
$s0.00 Per UnitSinqle family llings
Per Unit$s0.00Duplexes
Per Unit$s0.00three or more units)Multi-family dwellings t
$2s.00 Per Unitroom
excludi
a en
bathrooms
or
$2s.00 Per PadMobile home park pads x
* Permanent buildings and landscape only need
conform to qualify.
Page 2 of 4
Pursuant to Rêsolut¡on12-05-01-02
(Unl6ss Othemiss Noted)
Developer Impact Fees Summary
(2) Commercial
$0.03 Per Sq Ft
For each commercial building unit in a building, per
square foot of gross floor area, including any area
within a building designed for the parking of vehicles
(3) Industrial
Per Sq Ft$0.03
For each commercial building unit in a building, per
square foot of gross floor area, including any area
within a building designed for the parking of vehicles
Schedule B - Fees for plans not submitted to the Architectural
Review Board for approval
(1) Residential
$75.00 Per UnitSingle family dwellings
plus $10 per bedroom over one
$75.00 Per UnitDuplexes
plus $10 per bedroom over one
$75.00 Per UnitMulti-family dwellinqs (three or more units)
plus $10 per bedroom over one
$3s.00 Per UnitFor each hotel or motel room without a kitchen
excluding bathrooms
$3s.00 Per PadMobile home park pads
(2) Commercial
$0.0s Per Sq FtFor each commercial building unit in a building, per
square foot of gross floor area, including any area
within a building designed for the parking of vehicles
(3) Industrial
$0.0s Per Sq FtFor each commercial building unit in a building, per
square foot of gross floor area, including any area
within a buildinq desiqned for the parkinq of vehicles
Housing In-Lieu Development
Valuation as determined
under the City of San
Juan Capistrano
Municipal Code Section 9
5.103
Housing In-Lieu Development
NOTE: BASED UPON ORDINANCE NUMBER 767 PASSED ON JULY 5, 1995
Drainage Area
Per Acre$1,170.00101
$860.00 Per AcreLO2
Per Acre$320,00103
$170.00 Per Acre105
$780.00 Per AcreM01
*1,470.00 Per Acre101S02
Page 3 of 4
Pursuant to Rsdution 12-05-01-02
(Unless Othêruise Noted)
Developer Impact Fees Summary
Domestic Water i note 1
Development Charqes
7.Lo/o of improvement
value or $1SO/sheet plus
a processing fee,
whichever is higher
Per ApplicationPlan Check & Inspection Fees
$311.92 Per AoolicationPreliminarv Processinq fee, Tract & Parcel Map
NOTE: BASED UPON CSJC RESOLUTION NO.04-05-18-04, Adopted Mav 18,2004
Water
ç3,975.94
Per Meter or
DUWater Capacity per meter or DU, whichever is greater
$0.6s4s
PeT SF
commercial
area.
Water Capacity for Commercial area per SF of building
area: the greater of the $/SF price or the $/DU for the
meter given above
Capital Improvement
Per Aoolication$3,060.47Per dwelling unit or per meter whichever is greater
Per Aoolication$ 1.53 1 .83Per mobile home space
PeT SF
commercial
area.
$0.s0
Water Capital Improvement for Commercial per SF of
building area: the greater of the $/SF price or the$/DU for
the meter given above.
$0.07
$/SF planted
agricultural
area
Water Capital Improvement for Agricultural per SF of
planted area: the greater of the $/SF price or the$/DU for
the meter given above.
Storase Charqe
$3.6s9.75 Per AoplicationPer dwelling unit or per meter whichever is greater
$1.830.94 Per AoolicationPer mobile home space
ç0.74
Per SF
commercial
area.
Water storage for Commercial and Industrial per square
foot of building area; the greater of the $/SF price or the
$/DU for the meter qiven above.
Non-Domestic Water
7.Lo/o of improvement
value Per ApplicationPlan Check & Inspection Fees
NOTE: BASED UPON CVWD RESOLUTION NO.00-9-5-1, Adopted September 5,2000
857,474.43 $/cfs maximum
day demand.
Recycled Water Capacity Charge: the greater of the $/ cfs
maximum day demand charge given or the $/AF charge
below.
13,858.55 $/AF of annual
demand.
Recycled Water Capacity Charge: the greater of the $/AF
demand charge given or the $/cfs charge above.
Per Application3LL.92Preliminary Processing fee, Tract & Parcel Map
Page 4 of 4