23-1205_RIVER STREET MARKETPLACE, LLC_Agenda Report_F14City 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, P.E., City Engineer
Jeremy Hohnbaum, P.E., Senior Civil Engineer
DATE: December 5, 2023
SUBJECT: Amendment No. 1 to License Agreement with Whittier and Sorensen
LLC (River Street Marketplace Project) for Construction and
Maintenance of Improvements on Public Property (APNs 649-201-
02 and 649-201-03); and, Finding Said Action is Categorically
Exempt from the California Environmental Quality Act Pursuant to
State CEQA Guidelines, Section 15303
RECOMMENDATION:
1.Approve and authorize the City Manager to execute Amendment No. 1 to the
License Agreement with Whittier and Sorensen LLC for the improvement and
maintenance of vehicular gates associated with the River Street Marketplace
Project located on public right-of-way on Los Rios Street;
2.Direct the City Clerk to record the proposed Amendment No. 1 to the License
Agreement with the County of Orange; and,
3.Find that the recommended action is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, Section
15303.
DISCUSSION/ANALYSIS:
The River Street Marketplace Project is a 5.86-acre mixed-use development located at
31825 Los Rios Street. The project includes a variety of landscape and hardscape
improvements. These enhancements are not only limited to private properties but extend
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City Council Agenda Report
December 5, 2023
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to adjacent City-owned parcels along Paseo Adelanto and portions of the public right of
way along Los Rios Street at the River Street intersection.
To facilitate improvements on City property and public right of way, it is necessary for the
City and developer to enter into a License Agreement, which defines the installation and
maintenance responsibilities associated with any proposed improvements. Whittier and
Sorensen LLC, the applicant for this project, has proposed the installation and ongoing
maintenance of vehicular access gates at the intersection of Los Rios Street and River
Street. This proposal follows an earlier City Council approval, dated August 15, 2023,
wherein the applicant was granted permission to undertake various enhancements,
including landscaping, irrigation, hardscape, vehicular access gates, and water quality
improvements on City-owned parcels along Paseo Adelanto. These initial improvements
were formalized through a License Agreement (Attachment 1).
The applicant is now seeking to expand the scope of work to include an additional
vehicular access gate within the public right of way on Los Rios Street, which can be
accomplished via an amendment to the approved License Agreement (Attachment 2).
Exhibit B-2 of the proposed Amendment No. 1 to the License Agreement provides a
detailed location map and an overview of this new proposed enhancement. The
applicant’s goal is to enhance, secure, and manage vehicular access to the River Street
development more effectively. Consequently, staff is recommending that the City Council
approve and authorize the City Manager to execute Amendment No. 1 to the License
Agreement with Whittier and Sorensen LLC.
FISCAL IMPACT:
The Public Works Department is currently responsible for the right of way maintenance
in the general vicinity of the proposed improvements (i.e., vehicular access gates).
Pending approval of Amendment No. 1 to the License Agreement, the applicant would
become the responsible party for maintenance of the proposed improvements and
adjacent area. As a result, the City would experience minor cost savings with respect to
maintenance of these areas. 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 15303, Class 3 (e), new construction or
conversion of small structures, specifically accessory structures including fences. Here,
the entire project, including the proposed Amendment No. 1 to the License Agreement,
is exempt per Section 15303 because it involves installation and maintenance of a new
vehicular gate, which acts as a barrier fence to vehicular access. Establishing a vehicular
gate is similar in nature to a fence and therefore is Categorically Exempt from CEQA.
City Council Agenda Report
December 5, 2023
Page 3 of 3
PRIOR CITY COUNCIL REVIEW:
• On August 15, 2023, the City Council approved and authorized the City Manager
to execute the License Agreement with Whittier and Sorensen LLC for the
improvement and maintenance of landscape, irrigation, and vehicular gates, and
water quality Best Management Practices (BMPs) associated with the River Street
Marketplace Project located on public property that serves as public right-of-way
on Paseo Adelanto.
• On October 15, 2019, the City Council adopted a Resolution (19-10-15-01)
Certifying the Final Environmental Impact Report, Adopting the Mitigation
Monitoring Reporting Program, Approving General Plan Amendment (GPA) 18-
002 and Approving Flood Plain Land Use Permit (FP) 16-003. The City Council
also adopted Ordinance No. 1071 Approving Code Amendment (CA) 16-003; and
Ordinance No. 1072 Approving Development Agreement (DA) 18-002 (Assessor
Parcel Numbers 121-160-22, 28, 49).
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On September 24, 2019, the Planning Commission adopted two Resolutions
recommending that the City Council certify the Final Environmental Impact Report (FEIR),
adopt the Mitigation Monitoring Reporting Program, a code amendment, and approve an
Architectural Control, Grading Plan Modification, and Sign Program.
NOTIFICATION:
Dan Almquist, 31791 Los Rios Street LLC
Douglas Dumhart, 3-D Advisors, LLC
Interested Parties Notification List
ATTACHMENT(S):
Attachment 1: License Agreement
Attachment 2: Amendment No. 1 to the License Agreement
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