Unwelcome Changes : Preservationists worry that centuries-old Los Rios Historic District is losing its charm as it attracts more businesses.

To those who walk its paved corridor lined with overhanging jacaranda and pepper trees, San Juan Capistrano’s Los Rios Historic District epitomizes Old California.

Still standing are historic Montanez and Rios adobes, two of the original 40 adobe homes in a three-block neighborhood that makes up the Los Rios settlement, which was established by Mission San Juan Capistrano back in 1776.

But within an 18-month period, an upscale restaurant has opened on Los Rios Street, a gift shop now sits along the railroad tracks near the 100-year-old Capistrano Depot and a local family has plans to move a historic Victorian home into the neighborhood and convert another ramshackle structure into a teahouse.

Preservationists look at it all and shake their heads. They fear that elected officials who are bringing in new businesses are compromising the area’s charm.

They believe Los Rios should remain a place where men dressed in cowboy garb hardly get a second glance and turn-of-the-century farmland still serves as a community gathering spot; on Saturday it was the site of a Halloween party for twins and triplets.

“We don’t need to commercialize Los Rios,” said David Belardes, a preservationist and member of the city’s Cultural Heritage Commission. “There are certain things that can work there, but when you don’t have the parking and it’s a very narrow street, it’s better to just let the residents live there and leave it alone.”

At the center of the controversy is David Chorak, 55, a self-styled individualist who some residents believe carried the anti-commercialization battle to extremes.

On Friday, Chorak won acquittal in Orange County Municipal Court on criminal charges of assault, making annoying phone calls to elected officials and fighting with neighbors.

His attorney, Marshall M. Schulman, successfully argued in court that Chorak was only exercising his right to express his opinion and only acted in self-defense after others started fights.

While preservationists say they do not condone violence or illegal activities to get their point across, they say the case underscores the battle brewing in City Hall for the heart and soul of San Juan Capistrano.

Mayor David M. Swerdlin said that part of Los Rios’ uniqueness has always included a historic blend of businesses and residences, and he insisted that city officials are mindful of preservationists’ concerns.

He pointed to many of the district’s businesses that have existed for years, including the law offices of Steve Rios, whose ancestor Feliciano Rios was a Spanish soldier who helped Father Junipero Serra found the mission.

“The City Council is extremely sensitive to the issue,” said Swerdlin, who noted that Chorak himself once tried to profit from the district by opening a bed and breakfast there, which later went out of business.

Achieving a blend of old and new is difficult--and costly, Swerdlin said.

Business owners must pay large sums to convert otherwise broken-down buildings and, by City Council mandate, must live at their establishments.

Renovations are not cheap, Swerdlin said. The price tag for one business was $200,000, and at another, the Rodman House, where termites “owned a lot of it,” costs have skyrocketed to nearly $1 million--an amount that no civic preservation group or city budget could have provided, he said.

Chorak could not be reached for comment after his acquittal, which surprised many in Los Rios, including fellow preservationists who believe he hurt their fight.

“The way he promoted that stance really wasn’t in the best interests of the neighborhood,” Swerdlin said. “His tactics were considered bullying.”

After one raucous telephone conversation with Chorak, Councilwoman Collene Campbell said she had no choice but to call police.

“He sounded scary,” said Campbell, who testified against Chorak.

But Schulman said such concerns were overblown. He said Chorak’s prosecution had taken on the tone of a vendetta in which city officials wanted to punish Chorak for speaking out.

“The jury didn’t buy any” of the allegations against Chorak, Schulman said.

Although Chorak won his criminal case, the proceedings dragged on for so long that he was forced to sell off his collection of valuable antique gasoline pumps to help pay his legal expenses.

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District Duel

David Chorak’s anger at commercialization of the historic Los Rios District has landed him in court. City officials say the development is needed to keep the district viable. Here’s how his property is situated vis-a-vis new and existing district structures:

1. Artistas Studio

2. Chorak property

3. Chorak property

4. Ramos House cafe (new)

5. Moonrose gift shop (new)

6. Tea house (opens next month)

7. Railroad station

8. Existing Restaurant