22-1114_31791 LOS RIOS STREET, LLC_Agenda Report_E12City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Thomas Toman, Public Works Director
PREPARED BY: Joe Parco, City Engineer
Jeremy Hohnbaum, Senior Civil Engineer
DAT E: November 14, 2022
SUBJECT: License Agreement with 31791 Los Rios Street LLC for Construction
and Maintenance of Improvements on Public Property (APNs 649-
191-04 and 121-160-21); and, Finding Said Action is Categorically
Exempt from California Environmental Quality Act Pursuant to State
CEQA Guidelines, Section 15301
RECOMMENDATION:
1.Approve and authorize the City Manager to execute a License Agreement with
31791 Los Rios Street LLC (Applicant) for the construction and maintenance of
landscape, irrigation, and hardscape improvements located on public property that
serves as public right-of-way on Paseo Adelanto; and,
2.Find that the proposed License Agreement with 31791 Los Rios Street LLC is
categorically exempt from California Environmental Quality Act pursuant to State
CEQA Guidelines, Section 15301.
EXECUTIVE SUMMARY
The Applicant, 31791 Los Rios Street LLC, is seeking approval to install and maintain
landscape, irrigation, and hardscape improvements within an existing City-owned
landscaped parkway along Paseo Adelanto. The area is adjacent to the Zoomars Petting
Zoo, located at 31791 Los Rios Street. A location map is included as Attachment 1. The
Applicant’s intent is to create an improved frontage and enhance the aesthetic
appearance of the parkway. The existing trees, currently maintained by the City, would
be maintained by the Applicant under the proposed License Agreement (Attachment 2).
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Additionally, any existing utilities would be protected in place and maintained by the
respective owner (City or Applicant). The proposed improvements are shown in
Attachment 3.
DISCUSSION/ANALYSIS:
In 2021, the Applicant applied for multiple entitlements to construct a new two-story
manufactured barn located at 31791 Los Rios Street. The building is 4,928 square feet
consisting of a 2,592 square foot first floor and 2,336 square foot second floor with a
height of 27’-5”. The entitlements were required to comply with the City’s General Plan,
Los Rios Specific Plan, and the Municipal Code, and included a Code Amendment (CA
21-003), Architectural Control (AC 21-013), amendment to the Los Rios Specific Plan (SP
78-01), and a Site Plan Review (SPR 21-000). The Applicant received approval for the
entitlements associated with the barn.
Upon submittal of the building permit application, the proposed barn improvements
included landscape and hardscape improvements on the private property within 31791
Los Rios Street, as well as adjacent to the private property on the City-owned parkway.
To allow the Applicant to construct and maintain the proposed improvements on City
property, the City must approve a License Agreement (Attachment 2) that details the
various maintenance obligations, such as debris and litter removal, watering and trimming
vegetation, weed removal, and trimming trees.
FISCAL IMPACT:
The Public Works Department is currently responsible for the landscape maintenance in
this area. With the approval of the proposed License Agreement, the Applicant would
become the responsible party for that maintenance (as outlined in the agreement). As a
result, the City would experience cost savings with respect to irrigation, landscape and
tree trimming maintenance. Additionally, the Applicant would be required to provide
general liability insurance and name the City as an additional insured on an annual basis.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), the recommended
action would be exempt from CEQA, per Section 15301, Class 1 (h), Maintenance of
Existing Landscape. Here, the entire project, including the proposed License Agreement,
is exempt per Section 15301 because it involves installation and maintenance of
landscape, irrigation, and hardscape improvements with negligible or no expansion of
existing or former use. Lastly, none of the exceptions to the exemptions in State CEQA
Guidelines, section 15300.2, apply.
a. The location exception only applies to Class 3, 4, 5, 6 and 11 exemptions, none of
which are being utilized here.
b. Once the improvements are constructed, there is no possibility of a cumulative
impact of the same type of project in the same place over time. Once the
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November 14, 2022
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improvements are installed, the likelihood of a successive project on this site is
low, and probability of a cumulative impact is low.
c. The project is not marked by unusual circumstances. There is nothing unusual
about the installation of landscape and hardscape improvements for this type of
development.
d. The improvements would not damage scenic resources, including but not limited
to, trees, historic buildings, rock outcroppings, or similar resources, within a
highway officially designated as a state scenic highway.
e. The improvements are not located on a site which is included on any list compiled
pursuant to Section 65962.5 of the Government Code.
f. The improvements will not cause a substantial adverse change in the significance
of a historical resource.
PRIOR CITY COUNCIL REVIEW:
• On September 7, 2021, the City Council approved the first reading and introduction
of an ordinance approving an amendment to the Los Rios Specific Plan to increase
the maximum allowed building height and create new permitted uses and
definitions for the Historic Commercial District and clean up the land use
designation on the City-owned Los Rios Park parcel.
• On June 1, 2021, the City Council initiated a Code Amendment study to amend
the Los Rios Specific Plan 78-01 to increase the building height standards and
create new permitted uses and definitions for the Historic Commercial District of
the Los Rios Specific Plan. The proposed amendments to the Specific Plan would
facilitate the construction of a proposed barn on the 1.48-acre Zoomars property.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On July 14, 2021, Planning Commission adopted Resolution No. 21-07-14-03
recommending that the City Council approve Code Amendment (CA) 21-003. CA
21-003 allowed increased building height standards and created new permitted
uses and definitions for the Historic Commercial District of the Los Rios Specific
Plan.
• On July 14, 2021, Planning Commission adopted Resolution No. 21-07-14-04
approving Architectural Control (AC) 21-013, contingent on the City Council’s
approval of Code Amendment (CA) 21-003 and finding that the proposed project
is categorically exempt from the California Environmental Quality Act.
• On June 22, 2021, the Cultural Heritage Commission (CHC) reviewed the
Applicant’s SPR application to allow related improvements within historic River
Street. The CHC approved the Site Plan Review (SPR 21-000) application on a
5-0 vote. In addition, the CHC made a finding that the proposed land use
improvements are of physical and aesthetic compatibility with adjacent Inventory
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of Historical and Cultural Landmarks (IHCL) structures and places, as described
in City Council Policy 603.
• On June 10, 2021, the Design Review Committee (DRC) reviewed the proposed
development plans and unanimously forwarded a recommendation of approval to
the Planning Commission with recommendations related to the roof material and
design as well as exterior landscape and hardscape.
NOTIFICATION:
Dan Almquist, 31791 Los Rios Street LLC
Douglas Dumhart, 3-D Advisors, LLC
ATTACHMENT(S):
Attachment 1: Location Map
Attachment 2: Proposed License Agreement
Attachment 3: Proposed Improvement
ATTACHMENT 1, Page 1 of 1
LOCATION MAP
PASEO ADELANTO CITY-OWNED PUBLIC RIGHT-OF-WAY
ATTACHMENT 3, Page 1 of 1
PROPOSED IMPROVEMENTS