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22-1206_PEPPERTREE BEND HOA_Staff MemoMEMORANDUM December 6, 2022 TO: Benjamin Siegel —� FROM: Thomas Toman, Public Works Director/ - SUBJECT: Peppertree Bend Monument Sign Maintenance Agreement The E10 Agenda Item for the City Council to approve and authorize the City Manager to execute and record the attached Encroachment and Maintenance Agreement (Agreement) with the Peppertree Bend HOA for the construction and maintenance of a proposed monument sign located within the intersection of Peppertree Bend and Calle Aspero was approved on 9-20-2022. The Agenda Report for this item is attached for reference. The Agreement is also attached and is ready for execution and recordation. Attachments – E10 Agenda Report Encroachment and Maintenance Agreement cc: City Clerk 0 City 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, City Engineer Jeremy Hohnbaum, Senior Civil Engineer DATE: September 20, 2022 9/20/2022 E10 SUBJECT: Encroachment and Maintenance Agreement for Monument Sign within Public Rights -of -Way at the Intersection of Peppertree Bend and Calle Aspero RECOMMENDATION: Approve and authorize the City Manager to execute an Encroachment and Maintenance Agreement with the Peppertree Bend Homeowners' Association for the construction and maintenance of a monument sign located within public rights-of-way at the intersection of Peppertree Bend and Calle Aspero. EXECUTIVE SUMMARY The Peppertree Bend Homeowners' Association (HOA) is seeking approval for the installation of a 3' tall, externally illuminated residential subdivision monument sign, proposed to be located within an existing landscape median at the intersection of Calle Aspero and Peppertree Bend. A location map is included as Attachment 1. The proposed location is the primary entrance to the Peppertree Bend subdivision. The HOA's intent is to create an improved entry statement which would provide a sense of arrival for the subdivision. In addition to the proposed monument sign, the private improvements would also include enhancements to landscaping and the existing stone pilasters (that flank Calle Aspero). The existing stone pilaster located on the north side of Calle Aspero has existing subdivision signage, which would also be updated as part of the overall improvements (Attachment 2). City Council Agenda Report September 20, 2022 Page 2 of 3 DISCUSSION/ANALYSIS: On August 24, 2022, the Planning Commission approved the HOA's sign permit and application to install the proposed monument sign. The HOA also received a "sign exception allowance" for the proposed sign to be located within the public right-of-way, as the City's Municipal Code prohibits permanent signs in the public right-of-way. The Planning Commission granted an exception to the standards in the Municipal Code as the following findings were made: (1) the sign complies with all other applicable criteria, (2) the scale of the sign will be in harmony with the architectural design for the building which it will serve, and (3) the sign will not create a hazard to other adjacent properties or tenants. To construct and maintain the proposed monument sign and supplemental improvements (hardscape and landscape) within the public right-of-way, the City must issue an Encroachment Permit and execute an Encroachment and Maintenance Agreement (Attachment 3) that requires the HOA to maintain the improvements in perpetuity, including, but not limited to, constructing the improvements themselves, maintaining landscaping, providing normal upkeep such as debris and litter removal, watering and trimming vegetation, and weed removal on the median. Staff is recommending that the City Council approve and authorize the City Manager to execute an Encroachment and Maintenance Agreement with the Peppertree Bend HOA for the construction and maintenance of the proposed monument sign to be located in the public right-of-way near the intersection of Peppertree Bend and Calle Aspero. FISCAL IMPACT: There is no fiscal impact associated with the construction of the proposed HOA improvements. The HOA will be required to pay all required encroachment permit fees. ENVIRONMENTAL IMPACT: This proposed project has been reviewed in accordance with the California Environmental Quality Act (CEQA). 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, none of the exceptions to the exemptions 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 City Council Agenda Report September 20, 2022 Page 3 of 3 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. The improvements 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. The improvements are not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. If the proposed project receives final approval, a Notice of Exemption would be filed with the County Recorder's Office within 5 days of such approval. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On August 24, 2022, the Planning Commission conditionally approved a Sign Permit (SP22-017) for a monument sign to be located in an existing landscape median at the intersection of Calle Aspero and Peppertree Bend. NOTIFICATION: Peppertree Bend Homeowners' Association ATTACHMENT(S): Attachment 1: Location Map Attachment 2: Sign Permit Plans and Hardscape & Landscape Improvement Plans Attachment 3: Proposed Encroachment and Maintenance Agreement