RPVCCA_CC_SR_2011_11_01_C_Ord_527_Temp_BannersCITY OF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Staff Coordinator:
HONORABLE MAYOR AND CITY C UNCIL MEMBERS
JOEL ROJAS,AICP,COMMUNITY DEV
NOVEMBER 1,2011
CODE AMENDMENT TO REVISE AND CLARIFY THE
REQUIREMENTS FOR THE PLACEMENT OF TEMPORARY
NONCOMMERCIAL BANNERS.WITHIN DESIGNATED AREAS
WITHIN THE PUBLIC STREET RIGHTS-OF-WAY.
CAROLYN LEHR,CITY MANAGER C!9--
Abigail Harwell,Assistant Planner~
RECOMMENDATION
Adopt Ordinance No.527,thereby amending Section 17.76.050.0 of the Rancho Palos
Verdes Municipal Code revising and clarifying the requirements for the placement of
temporary noncommercial banners within designated areas in the public street rights-of-
way.
DISCUSSION
On October 4,2011,the City Council conducted a public hearing,at which time they
introduced Ordinance No.527 to amend Section 17.76.050.0.4 of the Development Code
to revise and clarify the requirements for the placement of temporary banners advertising
noncommercial special events in the public street rights-of-way,and approved the three
new locations for the placement of 2 temporary banners at:1)the intersection of
Hawthorne Boulevard and Indian Peak Road;2)the intersection of Crenshaw Boulevard
and Indian Peak Road;and 3)the intersection of Palos Verdes Drive East and Miraleste
Drive.It should also be noted that the City Council directed Staff to bring back temporary
banner program in nine (9)to twelve (12)months from the date of ordinance adoption to
reassess the adopted code language and approved locations.
The public hearing was continued to October 18,2011,at which time the City attorney
recommended that the terms "commercial"and "noncommercial"not be defined in the
City's Municipal Code,but proposed additional amendment's to Section 17.76.050.0.4 of
the Development Code addressing the Council's direction for more clarification.At that
same hearing,Ordinance No.527 was reintroduced with the additional amendments.
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City Council Meeting
Ordinance No.527 -Temporary Banners in the Public Rights-of-Way
November 1,2011
Staff now presents Ordinance No.527 for its second reading and adoption.
CONCLUSION
In conclusion,Staff recommends that the City Council adopt Ordinance No.527,thereby
amending Section 17.76.0500 of the Rancho Palos Verdes Municipal Code to revise and
clarify the requirements for the placement of temporary noncommercial banners within
designated areas in the public street rights-of-way.
Attachment:
•Draft Ordinance No.527
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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.
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 sign 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
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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 17.76.050.0.4 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
p roced ures.
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 17.76.050.04 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 17.76.050.0.4 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 5C-4
4.Temporary speoial 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,speoial event signs shall be limited to
signs whioh a temporary banner shall be permitted only to advertise a
specific non-commercial aotivity event occurring on a partioular specific
datef§l;
b.~The advertiser of a special noncommercial event signs,'I/ritten
request shall submit an application to the director on the form provided
by the City for this purpose.The application shall be maGe filed te with
the director no sooner than ninety days prior to the speoial 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.~The temporary banner shall be installed by the applicant only be
plaoed at one of the locations in the City's street rights-of-way
identified and designated by the direotor that have been approved
previously by the City Council;
d.~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 publio City's street
rig hts-of-way;
e.For speoial event sfg-Rs,Each noncommercial organization advertiser
shall be limited to the placement of twa one temporary sfg-Rs banner
within the City's publio street rights-of-way per for each noncommercial
special event;
f.For signs other than speoial event signs,Each organization advertiser
of a noncommercial event shall be limited to the placement of two stIGR
sfg-Rs special event banners within the City's publio street rights-of-way
per during each calendar year,commencing on January 1st of each
year;
g.Eaoh sign shall not exoeed thirty two square feet in size;
Ordinance No.527
Page 3 of 5
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R..Q..Each si§R banner shall be displayed for a maximum period of thirty
(30)days;
th.The special event sigfls banner shall be removed by the applicant
within forty eight 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;anG
j.Applicants shall submit to the director a deposit fee established by the
city council in the form of cash,check or money order as security for
the placement of signs in accordance to these guidelines..Failure to
erect and/or maintain the signs in accordance '...lith guidelines (b)
through (h)of this subsection (subsections (D)(4)(b)through (D)(4)(h)
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 anyone 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 5C-6
Section 8:This Ordinance shall go into effect and be in full force and
effect at 12:01 AM on the 31 st day after its passage.
PASSED,APPROVED,AND ADOPTED this 1st day of November 2011.
Thomas D.Long,Mayor
ATTEST:
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:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Ordinance No.527
Page 5 of 5
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