PC Resolution-22-08-24-01PC RESOLUTION NO. 22-08-24-01
SIGN PERMIT (SP) 22-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING OF SIGN PERMIT (SP) 22-017, PEPPERTREE BEND
RESIDENTIAL SUBDIVISION MONUMENT SIGN, TO ALLOW FOR A 3' TALL,
EXTERNALLY-ILLUMINATED RESIDENTIAL SUBDIVISION MONUMENT SIGN,
PROPOSED TO BE WITHIN AN EXISTING LANDSCAPE MEDIAN AT THE
INTERSECTION OF CALLE ASPERO AND PEPPERTREE BEND, THE PRIMARY
ENTRANCE TO THE PEPPERTREE BEND SUBDIVISION. THE APPLICANT IS
SEEKING A SIGN EXCEPTION TO THE LAND USE CODE PROHIBITION OF
PERMANENT SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY (APPLICANT: OHAN
FILHANESSIAN, PACIFIC SIGN CENTER)
Whereas, Ohan Filhanessian with Pacific Sign Center, 24422 Del Prado,
Suite 2, Dana Point, CA 92629 (the "Applicant"), has requested approval of (SP) 22-017,
Peppertree Bend Residential Subdivision Sign, a proposal to allow for a 3' tall, externally-
illuminated residential subdivision monument sign, proposed to be within an existing
landscape median at the intersection of Calle Aspero and Peppertree Bend, the primary
entrance to the Peppertree Bend subdivision. The applicant is seeking a sign exception
to the Land Use Code prohibition of permanent signs within the public right-of-way (the
"Project"). This segment of the public right-of-way has a Zoning designation of Single-
Family-10,000 District (RS-10,000) and no General Plan Land Use Designation; and,
Whereas, the City of San Juan Capistrano is the owner of the public right-
of-way and has consented to such application by way of an Encroachment and
Maintenance Agreement, subject to City Council consideration and approval, for the
purpose of setting forth the terms and conditions of the HOA's encroachment on,
installation of, and maintenance of the sign and median; and,
Whereas, the City's Environmental Administrator has determined that the
Project is categorically exempt from further review under the California Environmental
Quality Act Guidelines 14 California Code of Regulations Section 15311, Accessory
Structures. Here, the entire Project is exempt per Section 15311 because it involves the
installation of a residential subdivision monument sign considered accessory to the
overall subdivision. Lastly, no exceptions to the exemption apply because there would not
be any potential significant effects on the environment due to unusual circumstances. If
the Project receives final approval, a Notice of Exemption would be filed with the County
Recorder's Office within 5 days of such approval; and
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and,
PC Resolution 22-08-24-01 2 August24.2022
Whereas, the Planning Commission conducted a duly-noticed public
meeting on August 24, 2022, pursuant to Municipal Code Section 9-2.302. The Planning
Commission has considered all public testimony on the proposed Project and all relevant
public comments and all documents and evidence submitted, including but not limited to
the staff report, attachments, and materials submitted by the Applicant; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
San Juan Capistrano does hereby find that the entire project is Categorically Exempt from
further review under the California Environmental Quality Act per State CEQA Guidelines
Section 15311, Accessory Structures. Here, the entire Project is exempt per Section
15311 because it involves the installation of a residential subdivision monument sign
considered accessory to the overall subdivision. None of the exceptions to the categorical
exemptions outlined in State CEQA Guidelines, section 15300.2 apply. Specifically, the
project:
a. Is not located in a particularly sensitive environment. The site is in the center of an
existing residential neighborhood where nearly every surrounding lot has been
developed.
b. Once the sign is constructed, there is no possibility of a cumulative impact of the
same type of project in the same place over time. The project involves the
construction of a single monument sign for an existing single family residential
neighborhood. Once the sign is installed, the likelihood of a successive project
(i.e., tear down and rebuild) on this site is low and probability of a cumulative impact
is low.
c. Is not marked by unusual circumstances. There is nothing unusual about the
installation of a monument sign for a residential subdivision.
d. 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. Is not located on a site which is included on any list compiled pursuant to Section
65962.5 of the Government Code.
The Planning Commission hereby directs staff to prepare, execute and file
a Notice of Exemption within five (5) working days of project's final approval and effective
date, further described herein below.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
pursuant to Municipal Code Section 9-2.343(k) of Title 9, Land Use Code of the City of
San Juan Capistrano in support of the Applicant's sign exception request, subject to the
conditions of approval identified in Exhibit A attached to this Resolution and incorporated
herein by reference:
PC Resolution 22-08-24-01 3 August24.2022
1. The proposed sign complies with all other applicable criteria in the
sign code because the 3'-tall, 2.1 sq. ft. freestanding residential
subdivision sign identifies the name of the subdivision, would be
located within an existing landscape median that serves as the
primary entrance to the subdivision. would be externally illuminated
by a low voltage single-bar flood light that would be integrated into
the landscape features and not generally visible to the general public
from the public right-of-way, and, would be the second subdivision
sign at this entry point (proposed monument sign and existing
pilaster sign) with an aggregate sign area of 5.5 sq. ft.
2. The proposed residential subdivision monument sign would be in
harmony with the architectural theme of the subdivision because the
sign is proposed to be provided with a design consistent with the
subdivision's common area features.
3. The proposed residential subdivision monument sign would not
impede vision of vehicular, bicycle, or pedestrian traffic as its
placement is located outside of the site visibility triangle referenced
in Section 9-3.559 of the SJCMC. Furthermore, the illumination of
the monument sign complies with Section 9-3.543 of the SJCMC. As
a result, the sign would not create a hazard to other adjacent
properties or tenants (i.e., residents).
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
pursuant to Municipal Code Section 9-2.343(b)(3) of Title 9, Land Use Code of the City
of San Juan Capistrano with respect to Sign Permit (SP) 22-007, subject to the conditions
of approval identified in Exhibit A attached to this Resolution and incorporated herein by
reference:
1 . The proposed sign is consistent with the design criteria of Section 9-
3.543. More specifically, the 3'-tall, 2.1 sq. ft. freestanding residential
subdivision sign: identifies the name of the subdivision; would be
located within an existing landscape median that serves as the
primary entrance to the subdivision; would be externally illuminated
by a low voltage single-bar flood light that would be integrated into
the landscape features and not generally visible to the general public
from the public right-of-way; and, would be the second subdivision
sign at this entry point (proposed monument sign and existing
pilaster sign) with an aggregate sign area of 5.5 sq. ft. Additionally,
the sign is consistent with the following General Plan Community
Design Element and Design Guidelines:
• General Plan Community Design Element Policy 1.2. Encourage
high-quality and human scale design in development to maintain
the character of the residential subdivision, and city as a whole.
PC Resolution 22-08-24-01 4 August24 ,2022
The sign would be constructed from durable industry standard
materials, and the size of the sign complies with the SJCMC,
which limits the size (height and area) to ensure a human scale.
• Policy 8.C.1 Colors. The proposed signage avoids the use of
multiple colors.
• Policy 8.C.3 Sign Copy/Lettering Style/Spacing. The signage
utilizes a consistent lettering style and avoids the use of overly
intricate typefaces and crowded text.
• Policy 8.C.4 Sign Illumination. The sign copy on the proposed
sign would be externally illuminated by a low-voltage, single-bar
flood light. The light source (LED) would be integrated into the
landscape features and would not be generally visible to the
general public from the public right-of-way.
• Policy 8.C.5 Placement. The sign would be placed in a manner
that complements the residential subdivision.
• Policy 8.0.5 Freestanding Signs. The sign would have a 12"
base, provided with colors and materials which are compatible
with the architectural theme of the subdivision. Additionally, the
sign text identifies the name of the subdivision, i.e., "Peppertree
Bend".
2. The proposed sign conforms to all other numerical size, height, and
other requirements of Section 9-3.543, other than the requested sign
exception. There is no sign program adopted for this development.
3. The proposed residential subdivision monument sign would not
impede vision of vehicular, bicycle, or pedestrian traffic as its
placement is located outside of the site visibility triangle referenced
in Section 9-3.559 of the SJCMC. Furthermore, the illumination of
the monument sign complies with Section 9-3.543 of the SJCMC and
the City's adopted Architectural Design Guidelines, as enumerated
in Finding #1 above. As a result, the sign would not be a detriment
to public health, safety, or will, nor would it have adverse impacts on
adjacent properties or rights-of-way or obstruct the view of other legal
signs.
4. The proposed sign is appropriate within the context of the
neighborhood and compatible with the surrounding area due to the
limited overall height and area of the signage. Furthermore, the sign
would not exceed the allowable size of signage for a subdivision sign.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves of Sign Permit (SP) 22-
017, subject to those conditions of approval established by Exhibit A, which is attached
hereto and incorporated herein by reference.
PC Resolution 22-08-24-01 5 August 24, 2022
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of
records for the record of proceedings.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations, or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 24th day of August, 2022.
~ wdfl
Tami Wilhelm, Chair
rvices Director/Secretary
Project#:
Project Name:
Approval Date:
Effective Date:
EXHIBIT A
RESOLUTION #: 22-08-24-01
CONDITIONS OF APPROVAL
SIGN PERMIT (SP) 22-017
Peppertree Bend Residential Subdivision Sign
August 24, 2022
September 9, 2022
These conditions of approval apply to a request to allow for a 3' tall, externally-
illuminated residential subdivision monument sign, proposed to be within an existing
landscape median at the intersection of Calle Aspero and Peppertree Bend, the primary
entrance to the Peppertree Bend subdivision and a sign exception to the Land Use
Code prohibition of permanent signs within the public right-of-way. Any proposed
changes to this approval shall be submitted to the City's Development Services
Department, along with the required application and deposit or fee, for review. For the
purpose of these conditions, the term "Applicant" shall also mean the owner or any
successor(s) in interest to the terms of this approval.
General Conditions:
This approval is granted to allow for a 3' tall, externally-illuminated
residential subdivision monument sign, proposed to be within an existing
landscape median at the intersection of Calle Aspero and Peppertree
Bend, the primary entrance to the Peppertree Bend subdivision and a sign
exception to the Land Use Code prohibition of permanent signs within the
public right-of-way. Approval is granted based on the development plans
submitted by Pacific Sign Center, on August 12, 2022. These plans,
materials and the proposed use of the site are approved as submitted and
conditioned herein, and shall not be further altered unless reviewed and
approved by the affected city departments. Minor modifications to this
approval which are determined by the Development Services Director to
be in substantial conformance with the approved plans, and which do not
intensify or change the use or require any deviations from adopted
standards, may be approved by the Development Services Director upon
submittal of an application and the required deposit or fee. If not appealed,
this approval shall become effective on the first business day following the
fifteenth (15th) day after the date of Planning Commission approval and
shall expire twelve (12) months after the effective approval date unless
each use or occupancy which is the subject of this action has taken place
and all conditions of approval have been met. No extensions of time may
be granted for sign permits. Upon expiration of a sign permit, submittal of
a new sign permit application shall be required.
Planning Commission Resolution 22-08-24-01
Peppertree Bend Subdivision Sign
Conditions of Approval
August 24, 2022
Page 2 of6
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Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and City regulations or
requirements.
All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services related
to the project of their responsibilities to comply with these conditions of
approval and all pertinent requirements in the San Juan Capistrano
Municipal Code, including the requirement that a business license be
obtained by all entities doing business in the City.
In the event that project plans and written conditions are inconsistent, the
written conditions shall prevaiL If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, then the conditions and/or plans as stipulated in the
later approval shall prevail.
The· use shall meet the standards and shall be developed within the limits
established by the Municipal Code. The Project shall comply with the
standards established by the Municipal Code related to emissions of
noise, odor, dust, vibration, wastes, and fumes. No nuisance arising or
occurring incidental to the project shall be maintained on site.
The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
Planning Commission Resolution 22-08-24-01
Peppertree Bend Subdivision Sign
Conditions of Approval
August 24, 2022
Page 3 of6
9.u
10.~
All applicable approvals, with exception of approvals of water and sewer
improvements, and clearance from other departments and agencies shall
be on file with the Building and Safety Division prior to issuance of any
permits, final inspections, utility releases or release of securities, as
specified in these conditions. Approval of water and sewer improvements
and inspections shall be on file with Santa Margarita Water District.
Pursuant to Section 8-1 .03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery or recovery of
materials, supplies or constnJction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday 7:00 a.m. to 6:00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
11. ~. Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons.
12.~ The applicant shall comply with all requirements from the Building &
Safety Division and all other City Departments.
13.J2J.f The applicant shall request approval from the City for any deviation from
the approved plans.
Public Works -Engineering
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY GRADING, BUILDING, AND/OR ENCROACHMENT PERMIT(S):
14.fil"
15.-8-f,,-
Plans. Prior to approval of the improvement plans, the applicant/sub-
divider shall submit concurrently with the StreeUSewer/Water/Drainage
Improvement Plans/Landscape Irrigation, all Electrical, Gas, Telephone
and Cable Television installation plans to the City Engineer for review and
approval, to ensure compatibility with existing and proposed
improvements. All utility lines with junction structures shall be
underground. Improvement plans shall include right of way and property
lines within the project area. Existing hardscape, utility, and any other
structure shall be shown on the plans. Landscape and/or monuments shall
not obstruct the line of site at the intersection of Peppertree Bend and
Calle Aspero. Any deviation from these requirements shall be subject to
prior City Engineer review and approval.
Payment of Fees. Prior to issuance of grading and Encroachment permits,
the applicant/subdivider shall pay all applicable fee requirements in
accordance with the City Municipal Code, as last revised and the City
Schedules of Rates and Charges, as last revised.
Planning Commission Resolution 22-08-24-01
Peppertree Bend Subdivision Sign
Conditions of Approval
August 24, 2022
Page 4 of 6
16._f)_t Permits Required. Prior to the commencement of any construction activity
not provided for in previously approved permits, a permit shall be required.
All improvement work, whether performed on-site or off-site, shall require
a permit to ensure the integrity and safety of a!! existing and proposed
improvements affected by construction activities.
17. -1!L f Encroachment Permit. An Encroachment Permit is required for work within
the public right of way. Submit the improvement plans for review and
approval by the City Engineer. If applicable, any existing easements shall
be shown on the improvement plans and disposition of the existing
easements in respect to the proposed development shall be determined. If
an easement is to be quitclaimed, a copy of the quitclaimed document
shall be provided to the City Engineer. An Encroachment Permit shall be
obtained from Santa Margarita Water District (SMWD) for any work within
an SMWD easement.
18. ~(, Erosion & Sediment Control Plans, Prior to issuance of encroachment
permits, the applicant shall submit an Erosion/Sediment Control Plan for
the regulation and control of pollutant run-off by using Best Management
Practices (BMPs), prepared by a California State Registered Civil
Engineer to the City for review ancl approval. The plan shall show all
temporary and permanent erosion control devices, effective planting of
graded slopes, practical accessibility for maintenance purposes and
proper precautions and fence.s to prevent public trespass onto certain
areas where impounded water may create a hazardous condition.
In order to control pollutant run-off, the applicant shall demonstrate that all
water quality best management practices shall be designed in accordance
with the National Pollutant Disch,3rge Elimination System (NPDES)
standards, and the requirements of California Regional Water Quality
Control Board (San Diego Region) Order No. R9-2009-0009 (As amended
by 2010-0014-DWQ and 2012-0006-DWQ) and City guidelines and
regulations, to the satisfaction of the City Engineer.
19. '£k_ Encroachment and Landscape Maintenance Agreement.
a. Prior to issuance of any permits, the applicant shall submit concurrently
with the building plans, erosion control plans, and improvement plans
an Encroachment and Landscape Maintenance Agreement
(Agreement) to the City Engineer for review and approval. The
Agreement shall be approved by City Council prior to any permits being
issued.
b. If the City determines that the Owner or Property Manager has not
inspected and maintained said facilities in accordance with the
Agreement requirements, and that, in such event, the Owner shall be
Planning Commission Resolution 22-08-24-01
Peppertree Bend Subdivision Sign
Conditions of Approval
August 24, 2022
Page 5 of 6
financially responsible to pay City for the costs the City incurs in such
inspection and maintenance role.
20. 0 .f Mitigation of Drainage and Grading Problems. Prior to issuance of building
and encroachment permits, the applicant shall adhere to the following
conditions during the entire construction operation:
a. If any drainage problem is anticipated or occurs during
construction, the applicant shall provide and implement a solution
acceptable to the City Engineer, at no cost to the City, and shall
submit a recorded instrument to ensure the durability of the
solution.
b. Any activity beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City
Engineer and shall be subject to a supplemental plan submittal and
additional fees.
21. Q..4-Construction Phasing and Mitigation Program. Prior to issuance of building
and encroachment permits, the applicant shall prepare and adhere to a
Construction Phasing and Mitigation program, approved by the
Development Services Director and Building Official containing, but not
limited to, the following controls:
a. Demolition and Building:
1. Traffic Control and staging as needed for construction of
improvements within the right of way.
2. Location of assembly and storage/service areas for construction
equipment and limits of hours of operation.
3. Control of worker access to site, including hours of work, limits
on noise sources, and dust and soil import/export.
4. Compliance with environmental mitigation measures, including
stockpil.es and dust impacts.
5. A schedule and the method of performing the grading,
stockpiling and construction of all improvements in each phase.
b. Enforcement: The Development Services Director and City
Engineer may modify the Construction Phasing and Mitigation
Program as they deem necessary if on-site and offsite observations
indicate that construction activities are creating a nuisance to
adjacent property. The applicant shall hire a project enforcement
person approved by the City Engineer to ensure compliance with
the Construction Phasing and Mitigation Program.
Planning Commission Resolution 22-08-24-01
Peppertree Bend Subdivision Sign
Conditions of Approval
August 24, 2022
Page 6 of6
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL CITY
PERMIT APPROVAL:
22. _!bf-. Completion of All Improvements to the City's Satisfaction. Prior to permit
finalization and City approval, or prior to acceptance of the Works of
Improvements and release of any performance and labor and materials
securities by the City, whichever occurs first, the applicant shall record the
Agreement with the County of Orange and complete, to the satisfaction of
the City Engineer, all Works of Improvements as defined within the
Agreement and related plans required of this project and necessary to
serve the community, including any required off-site improvements, in
accordance with the City approved Improvement Plans, and approved
exceptions, and at the sole cost of applicant.
Santa Margarita Water District (SMWD}
23.~ The applicant shall comply with all SMWD's Special Conditions of
Approval, as stated in the SMWD issued Encroachment Permit No. 22-
020.
24 . ....sL... v-Prior to the commencement of construction activities, the applicant shall
contact SMWD, at engcounter@smwd.com or 949.459.6505, to schedule
a meeting with the SMWD Inspector.
·tions of Approval:
By: