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