ORD 527 ORDINANCE NO. 527
AN ORDINANCE AMENDING SECTION 17.76.050D OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO REVISE AND
CLARIFY THE REQUIREMENTS FOR THE PLACEMENT OF
•
TEMPORARY NONCOMMERCIAL BANNERS WITHIN
DESIGNATED AREAS WITHIN THE PUBLIC STREET RIGHTS-
O F-WAY.
WHEREAS, Section 17.76.050 of the City of Rancho Palos Verdes
Municipal Code (the "Municipal Code") sets forth various procedures and
regulations regarding the provision of signage on private and public property
within the City; and,
WHEREAS, since 1998, the City's Development Code allowed temporary
special event banners or other signs for noncommercial organizations to be
placed in the public right-of-way with City approval; and,
WHEREAS, on June 3, 2008, the City Council approved of the following
three locations for the posting of 2 banners per location: Silver Spur Road and
Deep Valley Drive; Hawthorne Boulevard and Locklenna Lane; and Palos Verdes
Drive South and Palos Verdes Drive East; and,
WHEREAS, on June 9, 2010, Staff began issuing permits for the three
locations; and,
WHEREAS, due to concerns raised by residents and applicants, on
December 7, 2010, the City Council initiated a code amendment to eliminate the
existing program that allows noncommercial organizations to place temporary
banners or other signs in the City's right-of-way; and,
WHEREAS, on February 8, 2011, after notice issued pursuant to the
requirements of the Rancho Palos Verdes Development Code, the Planning
Commission held a duly noticed public hearing, and recommended to the City
Council that the program be retained but that additional or alternative sig n sites
be identified, and that a more uniform sign program be created that would require
specific size and sign colors for temporary banners; and,
WHEREAS, on July 19, 2011, after notice issued pursuant to the
requirements of the Rancho Palos Verdes Development Code, the City Council
held a duly notice public hearing, at which time they denied Staff's request to
eliminate RPVMC Section 17.76.050.D.4, and adopted the Planning
Commission's recommendation to preserve the existing ordinance regarding the
temporary banner program with the inclusion of a limit of two banners at each
designated location where temporary banners are allowed, and the Council
Ordinance No. 527
Page 1 of 5
directed Staff to identify other suitable locations for the placement of temporary
banners; and,
WHEREAS, on September 2, 2011, a public notice was sent to property
owners within 500 feet of the proposed three new locations, the interested parties
list, and previous applicants for temporary banners; and,
WHEREAS, on September 2, 2011, notice of a public hearing on the
proposed amendments to Section 17.76.050.D.4 of the Municipal Code was
published in the Palos Verdes Peninsula News; and,
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act ("CEQA") Class 3 — New Construction or Conversion of Small
Structures, the code amendment is exempt from further CEQA analysis as this
Class of exemptions allows construction of new, small structures in the public
street rights-of-way where development for roads and sidewalks have already
altered the land, and the proposed structures will not be causing further
disruption outside of these areas; and,
WHEREAS, on September 20, 2011, the public hearing item was
continued to October 4, 2011 in order to accommodate other agenda items; and,
WHEREAS, on October 4, 2011, the City Council held a duly noticed
public hearing, at which time all interested parties were given an opportunity to
be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the amendments to Title 17 of the Municipal Code are
consistent with California Government Code Section 65853, zoning amendment
procedures.
Section 2: That the amendments to Title 17 are consistent with the
Rancho Palos Verdes General Plan and Coastal Specific Plan in that they
uphold, and do not hinder, the goals and policies of those plans. Specifically, the
modifications to Section 17.76.050.D4 will result in an aesthetically pleasing
manner in which banners are displayed within the City's street rights-of-way.
Section 3: The City Council finds that the amendments to Title 17 are
necessary to preserve the public health, safety, and general welfare in the area.
Section 4: Section 17.76.050.D.4 of Chapter 17.76 (Miscellaneous
Permits and Standards) of Title 17 of the Municipal Code is hereby modified, to
read as follows (language shown in strikethrough text for text removed and with
underline text for new text):
Ordinance No. 527
Page 2 of 5
4. Temporary special event or other signs for banners advertising special
noncommercial organizations events may be placed in the public rights-of-
way, pursuant to the following guidelines requirements:
a. For purposes of this section, special event signs shall be limited to
signs which a temporary banner shall be permitted only to advertise a
specific non-commercial activity event occurring on a pfacticulac specific
d atej);
b. The advertiser of a special noncommercial event ,
request shall submit an application to the director on the form provided
by the City for this purpose. The application shall be made filed to with
the director no sooner than ninety days prior to the special event the
first date when the banner will be posted. Applications shall be,
processed and approved on a first come, first served basis. The
director shall approve the application for a particular location if it
complies with the criteria set forth in this Section, and shall not deny an
application based on the content of the noncommercial event that is
being advertised or the content of the banner advertising the
noncommercial event;
c. Signs The temporary banner shall be installed by the applicant only be
placed at one of the locations in the City's street rights-of-way
identified and designated by the director that have been approved
previously by the City Council;
d. Signs Banners shall be securely attached to the structures that have
been erected by the City for this purpose in a the manner prescribed
by the director so as not to pose a traffic hazard and/or impede
pedestrian or vehicular access or visibility within the public City's street
rights-of-way;
e. For special event signs, Each noncommercial organization advertiser
shall be limited to the placement of two one temporary signs banner
within the City's public street rights-of-way per for each noncommercial
special event;
f. For signs other than special event signs, Each advertiser
of a noncommercial event shall be limited to the placement of two suGh
signs special event banners within the City's public street rights-of-way
per during each calendar year, commencing on January 1st of each
year;
g. Each sign shall not exceed thirty-two square feet in size;
Ordinance No. 527
Page 3of5
kg. Each banner shall be displayed for a maximum period of thirty
(30) days;
i h. The special event signs banner shall be removed by the applicant
within twenty-four (24) hours of the event's after the
conclusion of the event that the banner is advertising or of the end of
the banner display period, whichever occurs first; and
jA -- - - - e--• e - - - - e - - -- - - - - --e - • -
the placement of signs in accordance to these guidelines. Failure to
- - - - - - - - - •- - - - -- . , - _ _ .
- - - - - - - - - - - - - -of this section) shall result in the forfeiture of the security deposit;
i. Each banner shall be four (4) feet in height by eight (8) feet in width
and shall be made only of vinyl with a #2 grommet in each corner,
which will allow for the banner to be securely affixed to the structure at
the Council-approved banner site location;
j. Each banner must have a solid white background with blue or green
letters.
k. Only one (1) logo or graphic design shall be allowed on each banner,
with no color restriction; and
I. Banners must be clean and in good repair at all times.
Section 6: Severability. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this ordinance or the application thereof to
any person or place, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remainder of this ordinance. The City Council hereby declares that
it would have adopted this ordinance, and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
Section 7: The City Clerk shall cause this Ordinance to be posted in
three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The
City Clerk shall further certify to the adoption and posting of this Ordinance, and
shall cause this Ordinance and its certification, together with proof of posting, to
be entered in the Book of Ordinances of the Council of this City of Rancho Palos
Verdes.
Ordinance No. 527
Page 4 of 5
Section 8: This Ordinance shall go into effect and be in full force and
effect at 12:01 AM on the 31st day after its passage.
PASSED, APPROVED, AND ADOPTED thi 1St •a, of Nov:mber 2011.
9`
Mayor
ATTEST:
fr"
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the whole number of members of the City Council of said City
is five; that the foregoing Ordinance No. 527 passed first reading on October 18,
2001, was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on November 1, 2011, and that the same was passed and
adopted by the following roll call vote:
AYES: Misetich, Stern, Wolowicz and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
• C&
City Clerk
Ordinance No. 527
Page 5of5
Ajil
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on November 3, 2011, she caused to be posted the following document
entitled: ORDINANCE NO. 527, AN ORDINANCE AMENDING SECTION
17.76.050D OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
REVISE AND CLARIFY THE REQUIREMENTS FOR THE PLACEMENT OF
TEMPORARY NONCOMMERCIAL BANNERS WITHIN DESIGNATED
AREAS WITHIN THE PUBLIC STREET RIGHTS-OF-WAY, a co py of which
is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
(..ditiitEtAtA-e-i-gc--
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.526.doc