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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 2 . .a.s~ 3. ti 5._(µ 6 . .D.tl 7. Ji 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: