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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 12/5/2023 F14 City Council Agenda Report December 5, 2023 Page 2 of 3 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 11/7/23, 3:48 PM Document-26009514-Page-1 about:blank 1/1 Attachment 1 Page 1 of 21 Attachment 1 Page 2 of 21 Attachment 1 Page 3 of 21 Attachment 1 Page 4 of 21 Attachment 1 Page 5 of 21 Attachment 1 Page 6 of 21 Attachment 1 Page 7 of 21 Attachment 1 Page 8 of 21 Attachment 1 Page 9 of 21 Attachment 1 Page 10 of 21 Attachment 1 Page 11 of 21 Attachment 1 Page 12 of 21 Attachment 1 Page 13 of 21 Attachment 1 Page 14 of 21 Attachment 1 Page 15 of 21 Attachment 1 Page 16 of 21 Attachment 1 Page 17 of 21 Attachment 1 Page 18 of 21 Attachment 1 Page 19 of 21 Attachment 1 Page 20 of 21 Attachment 1 Page 21 of 21 Attachment 2 Page 1 of 7 Attachment 2 Page 2 of 7 Attachment 2 Page 3 of 7 Attachment 2 Page 4 of 7 Attachment 2 Page 5 of 7 Attachment 2 Page 6 of 7 Attachment 2 Page 7 of 7