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CC SR 20211102 01 - Sign Code Ordinance Update PUBLIC HEARING Date: November 2, 2021 Subject: Consideration and possible action to repeal Section 17.76.050 (Sign Permit) and to add Chapter 17.75 (Sign Code) to Article VII (Development Application and Review) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code, to update the City’s sign regulations (PLCA2021 -0003). Recommendation: 1) Introduce Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REPEALING SECTION 17.76.050 (SIGN PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS), AND ADDING CHAPTER 17.75 (SIGN CODE), TO ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW) OF TITLE 17 (ZONING). 1. Report of Notice Given: City Clerk 2. Declare Public Hearing Open: Mayor Alegria 3. Request for Staff Report: Mayor Alegria 4. Staff Report & Recommendation: Amy Seeraty, Senior Planner 5. Council Questions of Staff (factual and without bias): 6. Testimony from members of the public: The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of spea kers who intend to speak. 7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Alegria 8. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter. 9. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional testimony; continue the matter to a later date for a decision. CITY COUNCIL MEETING DATE: 11/02/2021 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action to repeal Section 17.76.050 (Sign Permit) and to add Chapter 17.75 (Sign Code) to Article VII (Development Application and Review) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code, to update the City’s sign regulations (PLCA2021-0003). RECOMMENDED COUNCIL ACTION: (1) Introduce Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REPEALING SECTION 17.76.050 (SIGN PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS), AND ADDING CHAPTER 17.75 (SIGN CODE), TO ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW) OF TITLE 17 (ZONING). FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Amy Seeraty, Senior Planner REVIEWED BY: Ken Rukavina, P.E., Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No.__ (page A-1) B. Planning Commission Resolution No. 2021-15 (page B-1) To view the July 27, August 10, September 14, and September 28, 2021 , Planning Commission staff reports, click on the following links: July 27: https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3978&meta_id=96138 August 10: https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3986&meta_id=96542 September 14: https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4016&meta_id=97404 September 28: https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4028&meta_id=97671 1 BACKGROUND: On November 17, 2018, the City Council initiated code amendment proceedings for a comprehensive update to Title 17 (Zoning Code) of the Rancho Palos Verdes Municipal Code (RPVMC) and the Zoning Map. The sign code update is one element of an extensive process to update numerous Chapters of Title 17 of the RPVMC. This process required that the Planning Commission review the proposed code language and forward a recommendation to the City Council for its consideration. The City’s current sign ordinance was originally enacted in 1976 via Ordinance No. 78, and while some amendments were made through the years, most recently in 1997, a major update is long overdue and necessary. Additionally, the current sign ordinance vests too much discretion in City officials and does not have appropriate timelines. Such discretion by decision-makers and missing or too-long timelines can operate as de facto censorship, and, therefore, clear guidelines and deadlines are required in modern sign codes. Signs are speech protected by the First Amendment, and specific procedures are needed to ensure that permits are approved or denied based on objective criteria and in accordance with the law. For these reasons, the City’s current sign ordinance must be revised to bring it in line with current free speech laws and not inadvertently, or otherwise, infringe on its citizens’ First Amendment right to freedom of speech. A city is not powerless to regulate signs within its jurisdictions, but the standards in the proposed sign code need to be as clear and objective as can reasonably be made. Of course, absolute precision is impossible. For example, provisions relating to uniformity with the neighborhood (color, architectural style) must be clarified in the code, but imposing requirements that a sign not being a detriment to the health, safety, and welfare may be considered too vague. The proposed sign code articulates specific permit application procedures to address these issues, including appropriate timelines for City response, adds objective grounds for denial or revocation of a permit, add s a shorter time period for appeals, and adds objective standards for signs in both residential and non - residential zones. There is a standard of review that provides that content-based regulations of noncommercial speech are subject to strict scrutiny, the highest level of scrutiny and that any content-based regulation is presumptively unconstitutional. This level of scrutiny is almost impossible to pass. However, it should be noted that content-based regulation of commercial speech is permitted on a limited basis and is subject to a lesser level of scrutiny. Thus, in a few places, some commercial content regulation has been included in the proposed sign code. One such regulation is the distinction between on -premises and off-premises signs, the latter being prohibited (except under some narrow circumstances). What this means practically is that the City can lawfully require that businesses only advertise the business, goods, or service provided at the location of the sign. Otherwise, the proposed sign code has largely provided for content-neutral 2 regulations (i.e. time, place, and manner limitations such as size, height, lighting, location, number). Another requirement of free speech law is that if objective standards are met, permits must be issued. This change has been included in the proposed sign code as well. Also added to this proposed sign code is known as a “substitution clause,” which allows the sign owner to switch commercial copy with noncommercial copy. This is because free speech law prohibits an ordinance that allows for more commercial than noncomme rcial signage – this would turn the First Amendment on its head. The City Attorney’s Office worked with Staff and the Planning Commission’s Zoning Code Update Subcommittee (Commissioners Chura, Hamill and Saadatnejadi), as directed by the Planning Commission on February 9, 2021, to develop a working draft of a new code section, taking into consideration the General Plan goal of maintaining strict sign standards to ensure that signs are harmonious with the buildings, neighborhood, and other signs in the area, yet also be enforceable under constitutional law. The sign standards and definitions in the current draft are the result of significant input by the Subcommittee, and then the full Planning Commission, both of which were critical in assisting Staff to draft and edit a sign code that is tailored to the uniqueness of Rancho Palos Verdes. Accordingly, after considering all testimony at duly-noticed public hearings on July 27, August 10, and September 14, 2021; on September 28, 2021, the Planning Commission adopted P.C. Resolution No. 2020-15 (Attachment B), recommending to the City Council to repeal Section 17.76.050 (Sign Permit) and to add Chapter 17.75 (Sign Code) to Article VII (Development Application and Review) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to update the City’s sign regulations. DISCUSSION: Summary of Proposed Code Amendments As it has been some time since the sign code section was last updated, Staff and Planning Commission recommend a comprehensive update to the Sign Permit section of the RPVMC, which includes removing the entire existing “Sign Permit” section from the “Miscellaneous Permits and Standards (Section 17.76) of Title 17 (Zoning) and creating a new “Sign Code” Chapter (Chapter 17.75). The recommended Sign Code was developed to balance aesthetics, traffic and pedestrian safety, and identification of businesses and activities through a comprehensive system of reasonable, effective, consistent, content-neutral, and non-discriminatory sign standards. The updated code applies to any sign, sign structure, or display erected, constructed, attached, affixed, or altered on any private property that is visible from public property, private streets, or properties and structures adjacent to the parcel where the sign is located. 3 The recommended Sign Code includes, but is not limited to, the following salient items: 1. A focus on commercial speech (business signs) on private property, avoiding any content distinctions for noncommercial speech. Regulations of commercial speech affords the City some greater regulatory authority. 2. For signs that do not fall under the commercial speech category, the recommended Sign Code is being updated to be content-neutral, addressing only time, place, and manner issues. This approach is recommended for signs on residential properties, for example. 3. Minimum discretion in approving or conditioning sign permits. 4. Shortened timelines for review and approval (or denial) of permit applications and a priority appeal process put in place. 5. Regulations of murals (separating out commercial vs. noncommercial murals), mobile billboards (not vehicle signs), human signs, and billboards. 6. In-house designed graphics for the different types of signs. 7. Combined temporary and permanent residential signs into one single category, and temporary and permanent non-residential signs into another single category, and as a result, reduced duplication of figures and text. 8. Guidelines pertaining to murals. It should be noted that the revised Sign Code does not include an amortization period for existing nonconforming signs; as under state law, removal of legally erected signs typically requires payment of just compensation. Additionally, following consultation with Code Enforcement Division Staff, and based on their recent conversations with realtors, the recommended Sign Code includes clarifications to the provisions that regulate property owners’ and realtors’ placement of signs on private property and in the right-of-way. The new proposed sub-sections of the new Sign Code Chapter are listed below: • 17.75.010 Declaration of Legislative Intent; Purpose. • 17.75.020 Applicability. • 17.75.030 Interpretation; Substitution Clause; Severability. • 17.75.040 Sign Permit or Sign Program Required. • 17.75.050 Signs and Sign Activities Allowed Without a Permit. • 17.75.060 Sign Permit and Sign Program application procedures; Minor exception; Permit denial or revocation; Appeal. 4 • 17.75.070 Sign Permit implementation; Permit expiration; Extensions. • 17.75.080 General Requirements for All Signs • 17.75.090 Standards for Permanent Signs on Non-Residential Properties • 17.75.110 Standards for All Signs On Residential Properties • 17.75.120 Signs on Public Property. • 17.75.130 Murals • 17.75.140 Prohibited Signs. • 17.75.150 Removal Without Compensation. • 17.75.160 Abatement. • 11.75.170 Definitions A draft version of the recommended ordinance is attached to this report as Attachment A. Included in the recommended Sign Code are reference tables, which will allow the code- user to obtain a quick understanding of the guidelines more easily for each type of specific sign. The requirements for each sign type are also written out, and illustrations are included to assist applicants. Staff and the Planning Commission are of the opinion that the recommended Sign Code is consistent with the goals and policies of the City’s Coastal Specific Plan. The proposed Sign Code will not impact public access to the sea and will not allow imp rovements that could obstruct the public’s use of sidewalks or public streets, as a section has been added to the new sign code that states any sign placed within the Coastal Zone shall not obstruct views to or along the coast from publicly accessible plac es, adversely impact public access to and use of the water, nor adversely impact public recreation, access, or the visual resources of the coast. At this meeting, Staff intends to review the basic standards for residential and non- residential signs, including maximum number of signs, maximum sign area, height, illumination, etc., as well as review the procedural aspects of the proposed sign code. For the City Council’s convenience and reference, this report includes the above- mentioned reference tables for temporary and permanent signs on non-residential property and all signs on residential property. It should be noted that several of the maximum allowable sign heights that were in the draft ordinance recommended by the Planning Commission have been reduced to be in line with what is allowed per the current sign ordinance, including the construction signs, electronic readerboards, and freestanding signs in the non-residential section, and freestanding signs and subdivision signs in the residential section. 5 Non-Residential Properties Table 17.75.090-1 Signs on non-residential properties. Maximum Number Maximum Sign Area Maximum Sign Structure Height Illumination 17.75.080(C) Minimum Setback Other requirements Architectural sign (permanent) 1 per fence, decorative etc. wall - Width: max 75% of wall - Lettering height minimum 6 inches maximum 12 inches - Must not project more than 8 inches from wall n/a Internal or external n/a - Permit required Awning or canopy sign (permanent) - 1/canopy - 1/valance - 1 sq ft per horizontal lineal foot of valance or canopy - Max 75% valance coverage Not to be displayed above 2nd story Internal or external n/a - Permit required - Width: max 60% of canopy or valance - Vertical clearance 8 ft from grade - Min 2 ft setback from outer curb Banners (temporary) 1 per business Greater of 30 sq ft or 10% of business frontage - Not above story of business - Shall not project above edge of the roof Not allowed n/a - Permit required - Must be attached to structure - Max 30 days per banner, collectively no more than 120 days per calendar year. New business may have, additionally, one banner for up to the earlier of 90 consecutive days or until new sign is installed 6 Construction signs (temporary; see subdivision signs for definition) 1 sign per entrance 20 sq ft per sign 6 ft External 5 ft from property line - Permit required - Max 12 months Electronic readerboards (permanent) 1 sign per entrance 40 sq ft 6 ft Internal 5 ft from property line - Permit required Institutional uses only Flags (permanent/ temporary) n/a 30 sq ft per business; max 24 sq ft per flag 12 ft External 5 ft from property line - Permit required - Vertical clearance min 8 ft from bottom of flag to grade - Must be securely attached to a flagpole - flag pole height may be extended to 16 ft with a site plan review. Freestanding signs (permanent; monument/ ground mounted directory) - 1 per entrance - 1 additional sign on corner, if applicable 40 sq ft 6 ft Internal or external 5 ft from property line - Permit required - Min. 30 ft separation between signs - Monument signs base width: 40% of sign structure width if structure is 4 sq ft or 3 ft tall Parking lot signs (permanent) 1 sign per spot 4 sq ft 3 ft Internal or external n/a n/a Pole signs (permanent) 1 sign per entrance 40 sq ft 6 ft Internal 5 ft from property line - Permit required - Institutional uses only Portable signs (temporary) 1 per business 6 sq ft 3 ft Not allowed 5 feet from property line - Max 10 ft from business entrance - Must be removed daily at close of business Projecting signs / Suspended signs (permanent) 1 per business entrance 12 sq ft 14 ft from grade; not higher than floor where business is located Internal or external Can encroach up to 3 ft into PROW with City Engineer approval and encroachmen t permit - Permit required - Width: max 10 inches - Vertical clearance: 8 ft from bottom of sign to grade - Max 5 ft extending from structure wall - Must be double sided 7 Wall signs (permanent; includes building- mounted directory signs) n/a 1 sq ft per lineal foot of business frontage Second story but not more than 25 ft from grade Internal or external n/a - Permit required - Projection: Max 10 inches from wall; 2 inches from wall for wall-mounted directories - Width: Max 75% of building façade or business frontage - Vertical clearance: 10 ft from grade; not applicable for directories Window signs/ Permanent n/a 30% of window area (including temporary window signs) n/a Internal n/a n/q Window Signs/ Temporary n/a 30% of window area (combined with permanent window signs) n/a Not allowed n/a n/a - Maximum 60 days per calendar year Yard Signs (temporary) 1 per business/ use frontage 5 sq ft/ sign - Inverted L: 6 ft from lowest grade - Other yard signs 3 ft from lowest grade Not permitted 5 ft from property line - Maximum 90 days each calendar year 8 Residential Properties Table 17.75.100-1 Signs on residential properties. Maximum Number Maximum Sign Area Maximum Sign Structure Height Illumination per 17.75.080(C) Setback Other requirements Architectural sign (permanent) 1 per wall n/a n/a Internal or external n/a - Permit required - Width: max 75% of wall - Lettering height minimum 6 inches maximum 12” - Must not project more than 8 inches from wall - Only for housing developments of 6 or more units Flags (permanent/ temporary) n/a 15 sq ft/flag 30 sq ft total 12 ft External 5 ft from property line - Securely attached to flagpole - flag pole height may be extended to 16 ft with a site plan review. Freestanding signs (permanent; monument and ground- mounted directory signs) 1 per entrance 40 sq ft 6 ft Internal or external 5 ft from property line - Permit required - Subdivision housing developments 60 or more units only - Max. width: 6 ft, including structure. Sign structures larger than 4 sq ft or taller than 3 ft shall include a sign base with an aggregate width of at least 40% of the width of the sign face Subdivision signs (temporary) 1 sign per 15 units 20 sq ft per 15 units 6 ft External 5 ft from property line - Permit required - Max 12 months - Only for housing developments of 6 or more units 9 Yard Signs (temporary) 3 signs 5 sq ft/ sign - Inverted L: 6 ft from lowest grade - Other yard signs 3 ft from lowest grade Not permitted Min 2 ft from vehicular right of way - No encroachment or overhang onto public property Wall Signs (permanent) 1 per property 4 sq ft Not above building height External n/a - Permit required - Cannot protrude more than 2 inches from wall of structure Based on the above, Staff recommends the City Council review the proposed draft Sign Code language, and if deemed acceptable, introduce the draft ordinance (Attachment) this evening for second reading on November 16, 2021. ADDITIONAL INFORMATION: Planning Commission Representation The Chair of the Planning Commission has been asked to participate in the public hearing on November 2 to provide the City Council with added background on their recommendations. If the Chair is unavailable, the Vice-chair or another Commissioner will be asked to participate. Public Notice On October 14, 2021, a public notice was published in the Palos Verdes Peninsula News, announcing that the City Council would consider the sign code ordinance at its November 2, 2021, meeting. As of the date that this report was completed, Staff has received no correspondence in response to the public notice. Public Outreach Staff has completed several methods of outreach which included updates on the progress of the sign code update in several weekly reports as well as mailing a letter to all business owners holding a business license in the City. Staff also sent the draft sign code to a local realtor who stated he would be able to distribute it to other realtors in the community for their reference. Environmental Assessment The proposed repeal and replacement of RPVMC Section 17.76.050 with Chapter 17.75 is exempt from the California Environmental Quality Act (CEQA) pursuant t o Section 21080 because it consists only of minor revisions and clarifications to an existing zoning 10 code to align with First Amendment requirements and will not have the effect of deleting or substantially changing any regulatory standards or findings. In addition, amending the code language is an action that does not have the potential to cause significant effects on the environment because it only updates the code section for signs to be consistent with First Amendment requirements, which does not have a significant impact on the environment. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Identify issues or modified language to consider in the draft ordinance and continue the public hearing to a date certain. 2. Direct Staff to take no action at this time. 11 01203.0005/740691.1 EQG 1 ORDINANCE NO. 2021-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, REPEALING SECTION 17.76.050 (SIGN PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS), AND ADDING CHAPTER 17.75 (SIGN CODE), TO ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW) OF TITLE 17 (ZONING) WHEREAS, the City of Rancho Palos Verdes, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs. Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981). WHEREAS, the City Council of the City of Rancho Palos Verdes recognizes that signs constitute speech protected by the First Amendment of the United States Constitution, and by Art. 1, Sec. 2, of the Constitution of the State of California, and that its regulation of signs must be consistent with these protections. WHEREAS, the City Council makes the following findings. 1. An excessive amount of signs, both in terms of number and size, as well as improper shape or design, can be distracting to motorists and pedestrians and this condition adversely effects the public safety by creating a potential traffic hazard. 2. Excessive and poorly designed signs are confusing and reduce the effectiveness of all signs; this condition reduces the ability of residents and v isitors to readily locate public facilities, as well as businesses and services. Consequently, this condition not only adversely affects public safety by interfering with safe travel but also affects the public welfare by reducing convenience to residents and visitors and the viability of commercial districts. 3. Businesses have an interest in having signs that effectively advertises goods or services, and that is visible to potential customers. 4. Further, signs provide important information to the public for a variety of purposes: excessive and poorly designed signs interfere with the effective transmitting of this information to the detriment of the public welfare. 4. Excessive and poorly designed signs detract from the City’s appearance and visual environment: this fact is recognized both in the City’s General Plan as well as its Coastal Specific Plan. The visual environment is important to property values and pleasant quality of life for residents and, therefore, signs which degrade that environment adversely affect the public welfare. Furthermore, the visual quality of the coastal zone is recognized in the California Coastal Act as a resource of statewide importance and, therefore, regulation of the size, shape, design and other features of signs, which become A-1 01203.0005/740691.1 EQG 2 part of the visual environment, and which can detract from it if not carefully controlled, is important for protecting this public resource. WHEREAS, the City has a substantial interest in regulating signs in the manner set forth in this ordinance and the regulations modified and adopted hereby further the City’s substantial interests in traffic safety and aesthetics, in particular. World Wide Rush, LLC v. City of Los Angeles, 606 F.3d 676 (9th Cir. 2010); Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998). WHEREAS, the City Council finds that the City can balance its interests in aesthetics and traffic safety with the interests of businesses and consumers by prohibiting all off-premises commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots. WHEREAS, commercial speech can be regulated more stringently than noncommercial speech; however, the City Council does recognize the need of businesses in the City to reasonably advertise their goods and services visibly and effectively. WHEREAS, regulations of commercial speech that is neither misleading nor related to unlawful activity are subject to intermediate scrutiny and will withstand a constitutional challenge if the regulations directly advance the asserted substantial interests of the City and the restrictions are not be more extensive than is necessary to serve that interest. Central Hudson Gas & Elec. Corp. v. Pub. Serv. Comm’n of N.Y., 447 U.S. 557 (1980). WHEREAS, this ordinance relating to the regulation of signs includes a statement of purpose regarding the City’s substantial interest sought to be implemented by the regulations. Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 103 F.3d 814, 819 n.2 (9th Cir. 1996); Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980). WHEREAS, the City intends, by adoption of these regulations, to eliminate impermissible content-based regulations of noncommercial speech. Reed v. Town of Gilbert, AZ, 135 S. Ct. 2218 (2015); see also, National Advertising Co. v. City of Orange, 861 F.2d 246 (1987) (content based exemptions rendered the entire ordinance content based because the content of the sign’s message determines whether or not a particular sign is prohibited or permitted); Simon & Schuster, Inc. v. Members of N.Y. State Crime Victims Bd., 502 U.S. 105 (1991); Police Department of the City of Chicago v. Mosley, 408 U.S. 92 (1972). WHEREAS, these regulations allow on-site commercial signs while prohibiting off- site advertising signs, the City Council having found that onsite commercial speech is more valuable than offsite commercial speech, as permitted by Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981); see also, Citizens for Free Speech, LLC v. County of Alameda, 114 F.Supp.3d 952 (N.D. Cal. 2015) (County ordinance banning billboards displaying offsite A-2 01203.0005/740691.1 EQG 3 commercial messages was a facially valid regulation of commercial speech under First Amendment; ban was narrowly tailored to advance substantial government interest in community aesthetics, pedestrian and driver safety, and the protection of property values.). WHEREAS, the City Council finds that noncommercial murals constitute a public benefit by providing daily access to artistic works. The placement of murals without a regulatory framework, however, is likely to result in aesthetic harm to the City. The regulation of murals is a complex subject matter including issues relating to First Amendment protections such as time, place, and manner regulations as well as the appropriate and most beneficial locations and contexts for the placement of murals within the City. The City desires to aid artists, property owners. and others in understanding issues surrounding the creation of a mural and to apprise parties involved in mural projects. WHEREAS, the City Council finds that, because signs are speech protected by the United States and the California Constitutions, specific procedures are necessary to ensure that permits are issued or denied based on objective criteria and expeditiously with the due process of law. WHEREAS, a message substitution provision is included in the City ’s sign regulations, allowing any sign regulated by the new provisions of this Ordinance to display a noncommercial message, so that the City ’s regulations satisfy the constitutional mandate that it not restrict noncommercial signage to a greater degree than commercial signage. See Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993). WHEREAS, the City Council finds that a proliferation of temporary signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences. WHEREAS, the City Council finds that human signs constitute a traffic hazard by their conduct, and these signs divert the attention of drivers away from the road and to a business or service. WHEREAS, the City Council finds that prohibiting commercial conduct, such as human signs, that is intended to, or that does in fact, attract the attention of drivers, furthers the City’s substantial interest in traffic safety. See, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862 (2003) (protected First Amendment speech can be restricted if it interferes with traffic). WHEREAS, the City Council finds that the sign code is consistent with the City of Rancho Palos Verdes’ General Plan, Policy No. 11 of the Visual Resources Element: “Maintain strict sign standards to ensure that signs are harmonious with the buildings, neighborhood, and other signs in the area.” A-3 01203.0005/740691.1 EQG 4 WHEREAS, the City Council finds that the publication of the entire text of this ordinance in a newspaper of general circulation would cost significantly more than the cost of publishing other ordinances and it is infeasible to prepare a fair and accurate summary of the ordinance. WHEREAS, pursuant to subdivision (c) of Section 36933 of the California Government Code, the City Council may publish a summary of this ordinance in lieu of the entire text. WHEREAS, the City Council previously ordered that a display advertisement of at least one-quarter of a page be published in a newspaper of general circulation in the City, and that such publication occurred at least five days prior to the City Council meeting at which the ordinance was adopted. WHEREAS, on July 27, 2021 the Planning Commission of the City of Rancho Palos Verdes held a duly noticed public hearing to review the draft ordinance, provided recommendations to the City Council, and found the ordinance to be consistent with the General Plan. The hearing was continued to the August 10, 2021, and September 14, 2021 Planning Commission Meetings. WHEREAS, on September 14, 2021, the Planning Commission held a duly-noticed public hearing, during which the Planning Commission provided additional input and requested final modifications and changes to the proposed code la nguage and approved recommending the sign code with the changes be adopted by City Council, and directed the staff to place this item on the September 28, 2021 Planning Commission Consent Calendar for final review of the proposed ordinance and adoption of the resolution recommending to the City Council to repeal Section 17.76.050 (Sign Permit) and to add Chapter 17.75 (Sign Code) to Article VII (Development Application and Review) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code. WHEREAS, on September 28, 2021, the Planning Commission adopted P.C. Resolution No. 2021-15, recommending that the City Council adopt the same. WHEREAS, on October 14, 2021, a Public Notice was published in the Palos Verdes Peninsula News, providing notice of a public hearing before the City Council on November 2, 2021. WHEREAS, on November 2, 2021, the City Council held a public hearing on this Ordinance and all testimony received was made a part of the public record . WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2021-15, written staff reports, and any testimony provided at the public hearing. WHEREAS, this ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) because it consists only of minor revisions A-4 01203.0005/740691.1 EQG 5 and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will provide guidance regarding permitted signage in the City. WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council finds that the recitals set forth above are true and correct, and material to the adoption of this ordinance, and are incorporated herein by reference. Section 2. Section 17.76.050 (Sign Permit) of Chapter 17.76 (Miscellaneous Permits and Standards) of Article VII (Development Application and Review) of Title 17 (Zoning) is repealed in its entirety. Section 3. Chapter 17.75 (Sign Code) of Article VII (Development Application and Review) of Title 17 (Zoning) is added to read: “Chapter 17.75 Sign Code. 17.75.010 Purpose. A. The purpose of this ordinance is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content- neutral, and nondiscriminatory sign standards and requirements to balance the City’s interests in aesthetics and traffic safety, on the one hand , the interest of non- residential uses and their patrons to provide visible information relating to the services or goods provided, on the other hand. B. The purpose of this ordinance is, further, to p rovide clear and unambiguous sign standards that enable fair and consistent enforcement. 17.75.020 Applicability. A. The provisions of this chapter apply to: 1. Any sign, sign structure, or display erected, constructed, attached, affixed, or altered on any private property that is visible from public property, private streets, or properties and structures adjacent to the parcel where the sign is located. 2. Privately-owned signs in the public right of way, as allowed by Section 17.75.120. A-5 01203.0005/740691.1 EQG 6 B. This chapter shall not apply to: 1. Signs or displays that are not visible (i.e., capable of being seen, whether or not capable of being read) by the general public from any public right -of-way or public area, or from an adjacent private property. 2. Any sign, posting, notice or similar signs placed, installed, or required by law by the City, Los Angeles County, or a Federal or State governmental agency in carrying out its responsibility to protect the public health and safety including, but not limited to, the following: a. Emergency and warning signs necessary for public safety or civil defense; b. Traffic and parking signs erected and maintained by an authorized public agency or approved by an authorized public agency; c. Numerals and lettering identifying the address from the street to fac ilitate emergency response and compliant with City requirements; d. Signs directing the public to points of interest (e.g., wayfinding signs ) erected by the City or other governmental agency; and e. Signs showing the location of public facilities. 3. Signs neatly and permanently affixed to a vehicle, which do not project or deviate above or from the vehicle profile. 4. Signs that constitute an integral part of a permitted vending machine or similar facility located outside of a business. 17.75.030 Interpretation; Substitution Clause; Severability. A. This chapter is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. To the extent any provision of this chapter is ambiguous, the term shall be interpreted not to regulate on the basis of the noncommercial content of the message. B. No part of this chapter shall be construed to favor commercial speech over non - commercial speech. A non-commercial message may be substituted for any commercial message displayed on a sign, or the content of any non -commercial message displayed on a sign m ay be changed to a different non-commercial message, without the need for any approval or permit, provided that the sign otherwise complies with the provisions of this chapter. C. Where a particular type of sign is proposed, and the type is not expressly allowed, restricted, or prohibited by this chapter, the application shall be approved, conditionally approved, or denied based on the most similar sign type that is expressly regulated by this chapter. D. This sign ordinance provides for the maximum allowable signage. E. In the event of any conflict between this chapter and any law, rule, or regulation of the State of California, the requirement that establishes the higher standard of safety shall govern. A-6 01203.0005/740691.1 EQG 7 F. The provisions of this chapter shall not require alteration of the display of any registered mark, or any trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the sign permit or Sign Program applicant to establish that a proposed sign includes a registered mark. G. If any provision of this chapter becomes illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 17.75.040 Sign Permit or Sign Program Required. A. Sign Permit. A Sign Permit is required to erect, move, alter, replace, suspend, display, or attach a sign, whether permanent or temporary, unless otherwise specified in Section 17.75.050. B. Sign Program. The purpose of a Sign Program is to facilitate harmonious signs on multi-tenant commercial properties. 1. A Sign Program approved by the Planning Commission is required for any parcel with four or more businesses or commercial tenant spaces, regardless of whether the tenant spaces are occupied. A Sign Program may be requested by an applicant for a parcel with fewer than four businesses or tenant spaces, but is not required. 2. Individual signs within each Sign Program must comply with the provisions of this chapter. 3. Once a Sign Program is approved, Sign Permits are not required for individual business signs that are installed in compliance with the Sign Program: individual signs in compliance with an approved Sign Program can be approved by the Director through a Sign Program compliance review. 17.75.050 Signs and Sign Activities Allowed Without a Permit. A. Signs that do not require permits as may be indicated in Sections 17.75.090 (Standards for Permanent Signs on Non-Residential Properties), 17.75.100 (Standards for Temporary Signs on Non-Residential Properties), and 17.75.110 (Standards for All Signs on Residential Properties). B. Governmental or other legally required notices or signs, including any City-required window signs for businesses. C. The following sign activities, subject to any applicable technical permits. 1. The normal maintenance of a sign, including cleaning, repainting, or repairing, except when prohibited for a nonconforming sign. A-7 01203.0005/740691.1 EQG 8 2. A change in copy or sign face in the same style and color scheme as the existing sign. 3. Changes to the copy of a changeable copy sign. 4. Signs that have completed a compliance review by the Director and are installed in conformance with an approved Sign Program. 17.75.060 Sign Permit and Sign Program Application Procedures; Minor Exception; Permit Denial or Revocation; Appeal. A. Sign Permit and Sign Program review shall be performed solely for compliance with this chapter. B. Application requirements. An application for a Sign Permit or Sign Program shall be filed with the Director on a City-approved form and shall include the following information. 1. Sign Permit Application Requirements. a. Property owner permission for the applied-for Sign Permit or Sign Program, in writing. b. A scaled site plan indicating location of all signs (existing and proposed). c. Elevations indicating placement of all proposed signs, as well as color photographs no smaller than 4” x 6” clearly showing the elevation, placement, and sign area of all existing signs, including with relation to neighboring properties and structures. c. Written descriptions of proposed colors, font styles, materials, fabrication methods, and letter sizes for each sign for which a permit is being requested. d. The address where the proposed sign(s) will be located, including the assessor’s parcel number. 2. Sign Program. Two copies of the following information. Approved Sign Programs will be kept by the Planning Division and used in the review of any and all sign applications made by the owner or tenants of the subject property. a. Overall sign design, location, placement, and sizes of all signs proposed within the center, and any existing signs. b. Fully-dimensioned and detailed site and elevation plans, colored renderings that clearly show lettering design, including a colors and materials board, and written descriptions of each individual proposed sign, and any existing signs. d. For any application involving the revision or addition to an existing Sign Program, the applicant must submit a new Sign Program application to include details of the proposed revision as well as a mailing list of the current tenants at the subject site. e. The application must include the address where the proposed sign(s) will be located, including the assessor’s parcel number. A-8 01203.0005/740691.1 EQG 9 C. Other permits required. In addition to the requirements of this chapter, all signs shall comply with applicable building permit and/or electrical permit requirements. D. Review and appeal authority. Table 17.75.060-1 identifies the responsible review and appeal authority for each type of sign approval. The appeal authority’s decision shall be final. Table 17.75.060-1 Permit Type Review Authority Appeal Authority Sign Permit Director Planning Commission Sign Program Planning Commission City Council D. Sign Permit findings. The Director shall approve a Sign Permit application, with or without conditions, after making the following findings: 1. The sign complies with the standards of this chapter, any applicable specific plan, and any applicable previously approved Sign Program. 2. The sign will not impair pedestrian and vehicular safety. 3. The sign’s design or proposed construction will not threaten public safety. E. Sign Program required findings. The Planning Commission shall approve a Sign Program application, with or without conditions, after making the following findings: 1. The Sign Program complies with the standards of this chapter, and any applicable specific plan requirements; or 2. A Sign Program that does not comply with the standards of this chapter, shall be approved only if findings consistent with subsection H (Minor Exception), below, can be made. 3. The Sign Program standards will result in signs that are visually related or complementary to each other and to the buildings and/or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments. 4. The Sign Program will not result in signs that would impair pedestrian and vehicular safety. 5. The signs’ design or proposed construction will not threaten public safety. F. Application timelines. 1. Sign Permit. a. Completeness. The Director shall determine completeness of a Sign Permit application within 15 days of submission. If the application is deemed incomplete, the Director shall inform the applicant in writing, stating the A-9 01203.0005/740691.1 EQG 10 reasons therefor. If the application is deemed incomplete a second time, it shall be denied without prejudice and a new applicatio n shall be required. b. The Director shall grant, conditionally grant, or deny a Sign Permit application within 10 days after it has been deemed complete. In the event of an application being conditionally granted, or denied, the Director shall provide in writing the reasons therefor. 2. Sign Program. a. The Director shall determine completeness of a Sign Program application within 30 days of submission. If the application is deemed incomplete, the Director shall inform the applicant in writing, stating the reasons therefor. A Sign Program application may be resubmitted up to three times following a determination of incompleteness. Thereafter, an incomplete application shall be denied without prejudice and a new application shall be required. b. The Director shall set for public hearing before the Planning Commission a completed Sign Program application on the next available Commission meeting, but in no event later than 45 days following a determination of completeness. G. Sign Permit or Sign Program conditions. Any condition imposed on a Sign Permit or Sign Program will be limited to protecting the public health and safety, or to ensure compliance with view preservation requirements of this code, and will not affect the sign message, or have the intent or effect of reducing allowable signage for a property. H. Minor Exception. A minor exception to the limitations in this chapter may be obtained as follows: a. There are special circumstances applicable to the property including size, shape, topography, location, surroundings, building placement, or architectural style that warrant modified standards to afford the property privileges enjoyed by other properties in the vicinity and in the same zone. b. The modified standards do not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zone. c. The maximum exception allowed is a 10% increase in sign area and/or 10% increase in sign height for any individual sign, and only to the extent necessary to mitigate the special circumstances at the property d. A minor exception may not be used to apply for or erect prohibited signs, or signs that would otherwise violate the provisions of this chapter. d. An application for a minor exception may be filed pursuant to Section 17.66.030 of this Code. The Director shall grant or deny the application within 10 business days of receipt. The Director’s decision may be appealed to the Planning Commission in writing, stating the reasons therefor, within 10 calendar days of the date of the decision. The Planning Commission shall hear the appeal as a noticed public hearing no later than 30 days following the date A-10 01203.0005/740691.1 EQG 11 of the City’s receipt of the appeal. The Planning Commission’s decision is final. The time for a challenge to the decision in a court of law shall be governed by California Code of Civil Procedures Section 1094.8. Notice of the Planning Commission’s decision shall include citation to California Code of Civil Procedure Section 1094.8. I. Modifications to Sign Permits or Sign Programs. An approved Sign Permit or Sign Program may be modified or amended through the same procedure as the original approval. However, minor amendments to a Sign Permit or Sign Pro gram may be approved by the Director if it is determined the intent of the original approval, required findings, and any conditions attached thereto, are not affected. J. Permit Denial or Revocation. 1. A Sign Permit or Sign Program may be denied by that p ermit’s review authority on the following grounds: a. One or more of the required findings to grant a Sign Permit or Sign Program cannot be made. b. The applicant has made material misrepresentations on the application. 2. A Sign Permit or Sign Program may be revoked by that permit’s review authority on the following grounds: a. Any condition of the Sign Permit or Sign Program has not been complied with. b. Uncorrected violations of this chapter. c. The sign is being operated in a manner that constitutes a public nuisance or is a threat to the public health and safety. K. Appeals. A review authority’s permit decision may be appealed in compliance with Chapter 17.80; provided that, the appeal must be submitted in writing within seven days of the reviewing authority’s decision, and the appeal hearing shall be set no later than 30 days after the appeal is received by the City. When a final decision is issued by the Planning Commission or City Council, the time for a challenge to the decision in a court of law shall be governed by California Code of Civil Procedure Section 1094.8. Notice of the reviewing body’s decision shall include citation to California Code of Civil Procedure Section 1094.8. 17.75.070 Permit Expiration; Extensions. A. Sign Permits. 1. A Sign Permit expires 12 months after the date of approval unless the sign has been installed or a different expiration date is stipulated in the approval. 2. A Sign Permit expires when the activity, product, business, service, or other use that is being advertised or identified has ceased for a period of not less than 90 days or has moved from the location where the sign was allowed. 3. A Sign Permit expires when a sign is removed from the approved location for more than 90 days or a new permit is approved for a replacement sign. A-11 01203.0005/740691.1 EQG 12 4. Upon written request by the applicant, the Director may extend a Sign Permit up to an additional 12 months from the original date of expiration based on parcel specific conditions justifying the original approval and whether or not those conditions have changed (e.g., physical site changes such as a new building or effects of a natural disaster, change in applicable sign regulations, etc.). The Director may make the extension subject to new conditions of approval should parcel-specific conditions warrant revised or new conditions to meet the required findings. 5. Notwithstanding any expiration date that may be applicable to a Sign Permit, the expiration date of that Sign Permit shall be the same as the latest expiration date of the Building Permit or other applicable permits for the project for which the Sign Permit was issued. B. A Sign Program has no expiration date, but will become moot if the project’s entitlements expire. 17.75.080 General Requirements For All Signs A. Sign Readability. A sign’s message should be clearly legible for the intended audience (e.g., vehicular traffic, pedestrians, etc.). B. Sign Measurement Criteria. 1. Sign area. The surface area of a sign is calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, element, or other display within a single square or rectangle. Unless otherwise indicated, temporary signs are not counted toward total (permanent) allowable sign area or number. 2. Sign structure. Supporting sign frame and support structures that are clearly incidental to the display itself are not computed as sign area, except for portable signs. 3. Double-sided signs. The area of a double-sided sign that has no more than 24 inches separating the outer surfaces of the sign’s two parallel planes is computed by multiplying the total height by the total length of only one side of the sign area. 4. Three-dimensional objects. Where a sign consists of one or more three dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue - like trademarks), the sign area is measured at their maximum project ion upon a vertical plane. 5. Multiple objects. When signs are composed of individual elements, the area of all sign elements, which together convey a single complete message, are considered a single sign. 6. Sign height. Sign height is measured as the vertical distance from the lowest elevation of the finished grade below or surrounding the base of the sign to the top of the highest element of the sign. In cases where substantial fill is proposed, “finished grade” shall be established by the Director consistent with properties in the immediate vicinity, and shall not be artificially raised to gain additional sign A-12 01203.0005/740691.1 EQG 13 height. If highest finished grade surrounding the sign is lower than the grade of an adjacent road, the height of the sign shall be measured from the top of curb elevation nearest to the sign. C. Sign Illumination. Sign illumination shall be designed to minimize light and glare on surrounding rights-of-way and properties, according to the following standards: 1. LED/neon lighting is encouraged for energy conservation purposes and to allow for creatively designed and attractive signs. 2. Sign illumination shall be limited to avoid light projection or reflection into residential properties. 3. Sign illuminations shall not blink, flash, flutter, or cha nge light intensity, brightness. Illuminated window signs that are no greater than 2.5 square feet in area are exempt from this standard. 4. Neither the direct nor reflected light from primary light sources may create hazards for pedestrians or operators of motor vehicles. 5. Internal and external illumination is permitted provided that any external illumination is directed at the sign only and is pointed away from nearby properties. 6. The approval of any illuminated sign shall not be final until 30 days after installation, during which period the director may order the dimming of any illumination found to be excessively brilliant and no sign permit shall be valid until such order has been carried out to an extent satisfactory to the director. Illumination shall be considered excessive when it prevents normal perception of objects or buildings beyond or in the vicinity of the sign. D. Sign Design and Materials. 1. Design and construction. a. All signs shall comply with any applicable provisions of the uniform codes of the City. b. The size of the structural members (e.g., columns, crossbeams, and braces) shall be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports. c. Temporary signs shall be of sufficient weight and durability to withstand wind gusts, storms, etc., and shall be removed if weather conditions are such that the sign may be knocked over or blown away. d. Signs shall not include attachments, including, but not limited to, balloons, pennant flags, ribbons, loudspeakers, etc. 2. Materials. a. Sign materials (including framing and supports) shall be characteristic of or compatible with the type and scale of materials used on the parcel of the sign. b. Reflective materials shall not be included on signs. A-13 01203.0005/740691.1 EQG 14 c. Sign materials shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance. E. Sign Placement. 1. No sign located within the intersection visibility triangle may exceed 2.5 feet in height. 2. Signs shall not be placed so as to obstruct ingress and egress into any private or public property, including ADA access. 3. No sign shall be placed so as to obstruct pedestrians’ or motorists’ view of signs erected by a local, state, or federal governmental agency, including, but not limited to, traffic signs, public directional signs, parking signs, and street address signs. 4. No sign shall be placed so as to obstruct or hinder sidewalk or street access or visibility by pedestrians and vehicles. 5. All signs shall be placed securely and or built in accordance with building code requirements. 6. Temporary signs shall not be located in any landscaping area and shall not encroach into required parking areas, interfere with pedestrian traffic or ADA access, create traffic hazards, or cause a nuisance or hazard. 7. Signs within the coastal zone: Any sign placed within the Coastal Zone, shall not: (a) Obstruct views to or along the coast from publicly accessible places; (b) Adversely impact public access to and use of the water; (c) Adversely impact public recreation, access, or the visual resources of the coast. 8. Except as may be permitted by this code, signs shall not be placed on property fences or walls. F. Sign Maintenance. All signs, both temporary and permanent, shall be continuously maintained in compliance with the following standards: 1. Each sign and supporting hardware shall be maintained in good repair so that it is able to function properly at all times. This includes the replacement of burned out or broken light bulbs and repair or replacement of faded, peeled, cracked, or otherwise damaged parts of a sign. 2. Signs that have structural or electrical components shall be maintained in a safe condition, in accordance with applicable technical codes. 3. Signs that have been physically damaged by weather or physical impact shall be reviewed by a competent engineer or qualified building inspector, contractor, or sign professional within 24 hours after the damage occurs. 4. Any repair to a sign shall be of materials and design of equal or better quality as the original sign. A-14 01203.0005/740691.1 EQG 15 5. When an existing sign is replaced, all brackets, poles, and other supports that are no longer required shall be removed. 6. Landscaping required by this chapter shall be maintai ned in a neat, clean and healthy condition, which includes pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings. 17.75.090 Standards for All Signs on Non-Residential Properties All signs on non-residential properties shall comply with the standards provided in this section and, as applicable, in Section 17.75.080. Table 17.75.090-1 Signs on non-residential properties. Maximum Number Maximum Sign Area Maximum Sign Structure Height Illumination 17.75.080(C) Minimum Setback Other requirements Architectural sign (permanent) 1 per fence, decorative etc. wall - Width: max 75% of wall - Lettering height minimum 6 inches maximum 12 inches - Must not project more than 8 inches from wall n/a Internal or external n/a - Permit required Awning or canopy sign (permanent) - 1/canopy - 1/valance - 1 sq ft per horizontal lineal foot of valance or canopy - Max 75% valance coverage Not to be displayed above 2nd story Internal or external n/a - Permit required - Width: max 60% of canopy or valance - Vertical clearance 8 ft from grade - Min 2 ft setback from outer curb A-15 01203.0005/740691.1 EQG 16 Banners (temporary) 1 per business Greater of 30 sq ft or 10% of business frontage - Not above story of business - Shall not project above edge of the roof Not allowed n/a - Permit required - Must be attached to structure - Max 30 days per banner, collectively no more than 120 days per calendar year. New business may have, additionally, one banner for up to the earlier of 90 consecutive days or until new sign is installed Construction signs (temporary; see subdivision signs for definition) 1 sign per entrance 20 sq ft per sign 6 ft External 5 ft from property line - Permit required - Max 12 months Electronic readerboards (permanent) 1 sign per entrance 40 square feet 6 ft Internal 5 ft from property line - Permit required - Institutional uses only Flags (permanent/ temporary) n/a 30 sq ft per business; max 24 sq ft per flag 12 ft External 5 ft from property line - Permit required - Vertical clearance min 8 ft from bottom of flag to grade - Must be securely attached to a flagpole - flag pole height may be extended to 16 ft with a site plan review. A-16 01203.0005/740691.1 EQG 17 Freestanding signs (permanent; monument/ ground mounted directory) - 1 per entrance - 1 additional sign on corner, if applicable 40 sq ft 6 ft Internal or external 5 ft from property line - Permit required - Min. 30 ft separation between signs - Monument signs base width: 40% of sign structure width if structure is 4 sq ft or 3 ft tall Parking lot signs (permanent) 1 sign per spot 4 sq ft 3 ft Internal or external n/a n/a Pole signs (permanent) 1 sign per entrance 40 sq ft 6 ft Internal 5 ft from property line - Permit required - Institutional uses only - Portable signs (temporary) 1 per business 6 sq ft 3 ft Not allowed 5 ft from property line - Max 10 ft from business entrance - Must be removed daily at close of business Projecting signs / Suspended signs (permanent) 1 per business entrance 12 sq ft 14 ft from grade; not higher than floor where business is located Internal or external Can encroach up to 3 ft into PROW with City Engineer approval and encroachment permit - Permit required - Width: max 10 inches - Vertical clearance: 8 ft from bottom of sign to grade - Max 5 ft extending from structure wall - Must be double sided A-17 01203.0005/740691.1 EQG 18 Wall signs (permanent; includes building- mounted directory signs) n/a 1 sq ft per lineal foot of business frontage Second story but not more than 25 ft from grade Internal or external n/a - Permit required - Projection: Max 10 inches from wall; 2 inches from wall for wall- mounted directories - Width: Max 75% of building façade or business frontage - Vertical clearance: 10 ft from grade; not applicable for directories Window signs/ Permanent n/a 30% of window area (including temporary window signs) n/a Internal n/a n/q Window Signs/ Temporary n/a 30% of window area (combined with permanent window signs) n/a Not allowed n/a n/a - Maximum 60 days per calendar year Yard Signs (temporary) 1 per business/ use frontage 5 sq ft/ sign - Inverted L: 6 ft from lowest grade - Other yard signs 3 ft from lowest grade Not permitted 5 ft from property line - Maximum 90 days each calendar year A-18 01203.0005/740691.1 EQG 19 A. Architectural Signs. The following standards apply to permanent architectural signs on non-residential properties (see Figure 17.75.090.1) Figure 17.75.090.1 1. Permit required. 2. Maximum Number. One sign per decorative, fence, or retaining wall. The purpose of this limitation is to ensure that signs can be erected at all entrances to a so as to be visible to vehicles arriving at the property. 3. Maximum Area. Not applicable. 4. Maximum Height. Signs shall not project above the wall on which they are placed. 5. Maximum width. Sign lettering shall not cover more than 75% of the width of the wall. 6. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 7. Lettering height: Minimum 6”; Maximum 12”. 8. Must not project more than 8” from wall B. Awning or canopy signs. The following standards apply to permanent awning or canopy signs on non- residential properties (see Figure 17.75.090.2). A-19 01203.0005/740691.1 EQG 20 Figure 17.75.090.2 1. Permit required. 2. Maximum Number. One sign per awning or canopy, and one per valance. 3. Maximum Area. One square foot per one lineal foot of awning or canopy width, and 75% maximum coverage per valance. 4. Maximum Height. Sign is not to be displayed above the second story. 5. Maximum width. Sign copy on an awning or canopy shall not exceed 60% of awning or canopy width. 5. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 6. Vertical clearance. Minimum 8 feet from bottom of the awning, including valance, or canopy to finished grade. 8. Setback and projection into public right-of-way. A minimum of 2 feet between the edge of the awning or canopy and outer curb face shall be maintained. A-20 01203.0005/740691.1 EQG 21 C. Banners. The following standards apply to temporary banner signs on non-residential properties (see Figure 17.75.090.3). Figure 17.75.090.3 1. Permit required. 2. Maximum Number. One per business frontage. 3. Maximum Area. 30 square feet or 10% of business frontage on which the banner is placed, whichever is greater. 4. Maximum Height. Banners shall not be placed above the story of the business to which they apply, and shall not project above the edge of the roof of the structure to which they are attached. 5. Illumination. Not allowed. 6. Maximum Duration: Maximum 30 days per banner, collectively no more than 120 days per calendar year. A new business is allowed to have one banner for up to 90 consecutive days to allow time for a permanent sign to be installed; this initial time period shall not count towards the total allowable time the business may have banners. 7. Banners shall be affixed to a permanent structure (i.e., cannot be freestanding, such as mounted on temporary posts). A-21 01203.0005/740691.1 EQG 22 D. Construction signs (see Subdivision signs for definition). The following standards apply to temporary construction signs on non-residential properties (see Figure 17.75.090.4) Figure 17.75.090.4 1. Permit required. 2. Maximum Number. One per entrance. 3. Maximum Area. 20 square feet. 4. Maximum Height. 6 feet. 5. Illumination. External. 6. Setback: Minimum 5 feet from property line. 7. Construction signs are limited to 12 months. E. Electronic readerboards. The following standards apply to permanent electronic readerboards on non- residential properties (see Figure 17.75.090.5). Figure 15.75.090.5 1. Permit required. 2. Maximum Number. One per entrance. A-22 01203.0005/740691.1 EQG 23 3. Maximum Area. 40 square feet. 4. Maximum Height. 6 feet. 5. Setback: Minimum 5 feet from property line. 6. Illumination. May be internally illuminated consistent with Section 17.75.080.C. 7. Electronic readerboards are permitted only for institutional or assembly uses. F. Flags. The following standards apply to flags on non-residential properties (see Figure 17.75.090.6). Figure 17.75.090.6 1. Permit not required. 2. Maximum Number. One per business. 3. Maximum Area. 24 square feet per flag. 4. Maximum total flag area per property: 30 square feet. 5. Maximum Height. 12’ unless increased to 16’ with approval of a site plan review. 6. Vertical clearance. Minimum 8 feet from bottom of the flag to finished grade. 7. Setback: Minimum 5 feet from property line. 8. Illumination. May be externally illuminated consistent with Section 17.75.080.C. 9. A flag shall be securely attached to a flag pole. A-23 01203.0005/740691.1 EQG 24 G. Freestanding signs. The following standards apply to permanent freestanding signs (ground-mounted directory signs and monument signs) on all non-residential properties (see Figures 17.75.090.7 and 17.75.090.8). Figure 17.75.090.7 Figure 17.75.090.8 1. Permit required. 2. Maximum Number. 1 per entrance. Corner lots may have one additional freestanding sign on the corner. 3. Maximum Sign Area. 40 square feet. 4. Maximum Structure Height. 6 feet. 5. Maximum Width. 10 feet, including structure. Sign structures larger than 4 square feet or taller than 3 feet shall include a sign base with an aggregate width of at least 40% of the width of the sign face. 6. Setback. Minimum 5 feet from a property line; the setback may be increased to ensure safe motorist visibility. A-24 01203.0005/740691.1 EQG 25 7. Separation. Freestanding signs must be separated from other freestanding signs by at least 30 feet. 8. Illumination. Internally or externally illuminated consistent with Section 17.75.080.C. H. Parking lot signs. The following standards apply to permanent parking lot signs on non-residential properties (see Figure 17.75.090.9). Figure 17.75.090.9 1. Permit not required. 2. Maximum Number. 1 sign per parking spot. 3. Maximum Area. 4 square feet. 4. Maximum Height. 3 feet. 5. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. A-25 01203.0005/740691.1 EQG 26 I. Pole signs. The following standards apply pole signs on non-residential properties (see Figure 17.75.090.10). Figure 17.75.090.10 1. Permit required. 2. Maximum Number. One per entrance. 3. Maximum Area. 40 square feet. 4. Maximum Height. 6 feet. 5. Vertical clearance. none 6. Illumination. May be internally illuminated consistent with Section 17.75.080.C. 7. Pole are permitted only for institutional or assembly uses. J. Portable signs. The following standards apply to temporary portable signs on non-residential properties (see Figure 17.75.090.11). Figure 17.75.090.11 A-26 01203.0005/740691.1 EQG 27 1. No permit required. 2. Maximum Number. One per business. 3. Maximum Area. 6 square feet. 4. Maximum Height. 3 feet. 5. Illumination. Not allowed. 6. Setback: Minimum 5 feet from property line. 7. Signs shall be located maximum of 10 feet from the primary business entrance. 8. Signs shall be removed at the close of business. K. Projecting signs/Suspended signs. The following standards apply to projecting and suspended signs on non-residential properties (sometimes also referred to as “blade signs“) (see Figure 17.75.090.12 and 17.75.090.13). Figure 17.75.090.12 A-27 01203.0005/740691.1 EQG 28 Figure 17.75.090.13 1. Permit required 2. Maximum Number. 1 per business entrance. 3 Maximum Area. 12 square feet. 4. Maximum Height. 14 feet above finished grade. 5. Maximum Width: 10 inches. 6. Vertical clearance. Minimum 8 feet from bottom of the sign to finished grade below. 7. Projecting signs shall not extend more than 5 feet from a structure wall. 8. Projecting into public right-of-way. May encroach into the City right-of-way a maximum of 3 feet if approval is obtained from the City engineer and a City Encroachment Permit is issued. Approval shall only be withheld if the proposed sign cannot be installed safely. Signs may not encroach into State right-of-way unless authorized by the State. 9. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 10. Projecting signs shall be double-sided. A-28 01203.0005/740691.1 EQG 29 L. Yard signs. The following standards apply to temporary yard signs on non-residential properties (see Figures 17.75.090.14, 17.75.090.15 and 17.75.090.16). Figure 17.75.090.14 Figure 17.75.090.15 A-29 01203.0005/740691.1 EQG 30 Figure 17.75.090.16 a. No permit required. b. Maximum Number. One per business/use frontage. c. Maximum Area. 5 square feet. d. Maximum Height. Inverted L: 6 feet from lowest grade; other yard signs: 3 feet from lowest grade. e. Illumination. Not allowed. f. Setback: Minimum 5 feet from property line. g. Duration: Maximum 90 days per calendar year. M. Wall signs. The following standards apply to permanent wall signs on non-residential properties (see Figures 17.75.090.17 and 17.75.090.18). Figure 17.75.090.17 A-30 01203.0005/740691.1 EQG 31 Figure 17.75.090.18 1. Permit required. 2. Includes directories mounted on building walls. 3. Maximum Area. 1 square foot per lineal foot of building façade or business frontage. 4. Maximum Height. Sign is not to be displayed above the second story , but no higher than 25 feet from grade. 5. Sign width. Maximum 75% width of building façade or business frontage. 6. Projection. Maximum 10 inches from the wall to which it is attached. 7. Vertical clearance. Minimum 10 feet from bottom of the sign to finished grade below; not applicable for directories. 8. Illumination. Internally or externally illuminated consistent with Section 17.75.080.C. A-31 01203.0005/740691.1 EQG 32 N. Window signs, permanent. The following standards apply to permanent window signs on non-residential properties (see Figure 17.75.090.19). Figure 17.75.090.19 1. Permit required. 2. Maximum Area. 30% of window area (including temporary window signs). This is a per-window limitation, not total window area. Each window shall not be covered by window signs that are larger than 30% of the area of the window. 3. Illumination. May be internally illuminated consistent with Section 17.75.080.C. O. Window signs, temporary. The following standards apply to temporary window signs on non -residential properties. 1. Maximum Area. 30% of window area. In no event shall more than 30% of the total window area be covered by signage, permanent or temporary. 2. Maximum Height. Not applicable. 3. Illumination. Not allowed. 4. Duration. Temporary window signs may be displayed for no longer than 60 days per calendar year. A-32 01203.0005/740691.1 EQG 33 17.75.100 Standards For All Signs On Residential Properties Signs on residential properties shall comply with the standards provided in this section and, as applicable, in Section 17.75.080. Unless otherwise indicated, all signs require a Sign Permit or an approved Sign Program. Table 17.75.100-1 Signs on residential properties. Maximum Number Maximum Sign Area Maximum Sign Structure Height Illumination per 17.75.080(C) Setback Other requirements Architectural sign (permanent) 1 per wall n/a n/a Internal or external n/a - Permit required - Width: max 75% of wall - Lettering height minimum 6 inches maximum 12” - Must not project more than 8 inches from wall - Only for housing developments of 6 or more units Flags (permanent/ temporary) n/a 15 sq ft/flag 30 sq ft total 12 ft External 5 ft from property line - Securely attached to flag pole - flag pole height may be extended to 16 ft with a site plan review. A-33 01203.0005/740691.1 EQG 34 Freestanding signs (permanent; monument and ground- mounted directory signs) 1 per entrance 40 sq ft 6 ft Internal or external 5 ft from property line - Permit required - Subdivision housing developments 60 or more units only - Max. width: 6 feet, including structure. Sign structures larger than 4 square feet or taller than 3 feet shall include a sign base with an aggregate width of at least 40% of the width of the sign face Subdivision signs (temporary) 1 sign per 15 units 20 sq ft per 15 units 6 ft External 5 ft from property line - Permit required - Max 12 months - Only for housing developments of 6 or more units Yard Signs (temporary) 3 signs 5 sq ft/ sign - Inverted L: 6 ft from lowest grade - Other yard signs 3 ft from lowest grade Not permitted Min 2 feet from vehicular right of way - No encroachment or overhang onto public property Wall Signs (permanent) 1 per property 4 sq ft Not above building height External n/a - Permit required - Cannot protrude more than 2” from wall of structure A. Architectural signs. The following standards apply to permanent architectural signs on residential properties (see Figure 17.75.100.1). Figure 17.75.100.1 A-34 01203.0005/740691.1 EQG 35 1. Permit required. 2. Maximum Number. One sign per decorative, fence, or retaining wall for developments of 6 units or more. The purpose of this limitation is to ensure that signs can be erected at all entrances to a development so as to be visible to vehicles arriving at the property. 3. Maximum Area. Not applicable. 4. Maximum Height. Signs shall not project above the wall on which they are placed. 5. Maximum width. Sign lettering shall not cover more than 75% o f the width of the wall. 6. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 7. Lettering height: Minimum 6”; Maximum 12”. 8. Must not project more than 8” from wall. B. Flags. The following standards apply to flags on residential properties (see Figure 17.75.100.2). Figure 17.75.100.2 A-35 01203.0005/740691.1 EQG 36 1. No permit required. 2. Maximum Area. Individual flags shall not exceed 15 square feet; total flag area per property shall not exceed 30 square feet per property. 3. Maximum Height. Maximum 12 feet from highest point of the pole to finished grade. Flag pole height may be extended to 16 ft with a site plan review. 4. Illumination. May be externally illuminated consistent with Section 17.75.080.C. 5. Setback: 5 feet from property line; flag or flag pole shall not cross over the property line. 6. A flag shall be securely attached to a flag pole. C. Freestanding signs. The following standards apply to permanent freestanding signs (ground-mounted directory signs and monument signs) on all residential properties (see Figures 17.75.100.3 and 17.75.100.4). Figure 17.75.100.4 Figure 17.75.100.4 1. Permit required. A-36 01203.0005/740691.1 EQG 37 2. Maximum Number. 1 per entrance. 3. Maximum Sign Area. 40 square feet. 4. Maximum Structure Height. 6 feet. 5. Maximum Width. 6 feet, including structure. Sign structures larger than 4 square feet or taller than 3 feet shall include a sign base with an aggregate width of at least 40% of the width of the sign face. 6. Setback. Minimum 5 feet from a property line; the setback may be increased to ensure safe motorist visibility. 7. Only permitted for subdivisions of 60 or more units. 8. Illumination. Internally or externally illuminated consistent with Section 17.75.080.C. D. Subdivision and Construction Signs, Temporary. The following standards apply to temporary subdivision or construction signs on residential properties (see Figure 17.75.100.5) Figure 17.75.100. 5 1. Permit required. 2. Maximum number: 1 sign per 15 units. 3. Limited to housing developments of 6 or more units. 4. Maximum Structure Height. 6 feet. 5. Maximum Area. 20 square feet per 15 units. 6. Illumination. External. 7. Setback. 5 feet from property line. 8. Time limitation: 12 months (may be renewed). A-37 01203.0005/740691.1 EQG 38 E. Wall signs. The following standards apply to permanent wall signs (see Figure 17.75.100.6). Figure 17.75.100.6 1. No permit required. 2. Maximum Number. 1 per property. 3. Maximum Area. 4 square feet. 4. Maximum Height. Sign is not to be displayed above top of the structures. 5. Illumination. Limited, external, and away from other properties. 6. Projection. Maximum 2 inches from building surface. A-38 01203.0005/740691.1 EQG 39 F. Yard signs. The following standards apply to yard signs on residential properties (see Figures 17.75.100.7, 17.75.100.8, and 17.75.100.9). A permit is not required. Figure 17.75.100.7 Figure 17.75.100.8 A-39 01203.0005/740691.1 EQG 40 Figure 17.75.100.9 1. No permit required. 2. Maximum number: 3 per property. 3. Maximum Area: 5 square feet per sign. 4. Maximum Height. Inverted L signs: 5 feet measured from lowest grade. All other yard signs: 3 feet measured from lowest grade. 5. Illumination. Not allowed. 6. Setback: No part of the sign shall encroach upon or hang over a public walkway or trail, but in no event shall any part of the sign structure be placed less than 2 feet from any vehicular travel lane, including overhang. 17.75.110 Signs on Public Property. Signs in or on any public property are prohibited, except for temporary signs as follows: A. Only A-frame signs are permitted. B. Signs may be placed in parkways within the right-of-way only, which shall not include street medians. In the absence of parkways, signs may be placed on unimproved public property within the right-of-way, provided the signs do not obstruct passage of pedestrians or vehicles, and do not interfere with traffic visibility, and are a minimum of 2 feet from vehicular travel lanes. Signs placed on public property in violation of this subsection are subject to immediate removal. C. Signs shall be no taller than 36” from grade. D. Individual sign faces shall not be larger than 5 square feet. E. No flags, balloons, pennants or any other attachments are permitted. F. Signs must not block ingress or egress to any driveway or doorway, and must not be placed so as to block or impair motorists’ view. A-40 01203.0005/740691.1 EQG 41 G. Signs may be placed between 11:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends and holidays. All signs shall be removed by 6:00 p.m. each day. H. No signs that advertise the availability of any products, goods, or services may be placed in the public right-of-way without execution of a release of liability and indemnity agreement with the City, and proof of adequate insurance. This requirement shall be renewed annually. 17.75.120 Murals A. Applicability. The provisions relating to murals shall not be interpreted to violate the federal Visual Artists Rights Act, codified as 17 U.S.C. § 106A, or the California Art Preservation Act, codified as Civil Code § 987 et seq. B. General Requirements. 1. The general requirements for signs articulated in Section 17.75.080 do not apply to murals. 2. The placement of a mural on commercial premises will not be applied to the sign area allotment for those premises. 3. The property owner is responsible for compliance with these provisions. 4. Murals may be painted on, tiled, or affixed to a building. 5. Murals may not depict obscene or defamatory content. 6. Murals may not contain commercial messages; this prohibition shall include, but not be limited to, advertising for goods or services, corporate logos, sponsorship logos, the name and/or symbol of a recognizable entity, copyright, or trademark information related to a business or commercial enterprise of any kind, as well as artistic depictions of the business, goods, or services being provided on the premises. 7. Murals must comply with the following construction and placement requirements: a. The colors, construction materials and mediums to be used for the mural should be compatible with the architectural style of adjacent buildings and structures. This requirement is not intended to limit or dictate the con tent and/or message of the mural. b. Murals must be permanently affixed to the structure or building, and must be constructed of a permanent material or medium to be durable against graffiti, vandalism, fading, and weather. To this end, the material or medium to be used for construction of the mural shall be approved, prior to commencement of the mural, by the Director as constituting such permanent and durable nature. A-41 01203.0005/740691.1 EQG 42 8. Murals must be maintained in a safe, neat, and orderly manner. 9. No mural may consist of, or contain, electrical or mechanical components, or changing images; provided that, static illumination turned off and back on not more than once every 24 hours is permitted. 10. Murals may not contain fluorescent colors (i.e., colors that are strikingly bright, vivid, or glowing). 11. No part of a mural shall exceed the height of the structure on which it is placed. 12. No part of a mural shall extend more than 6 inches from the plane of the wall upon which it is placed. 13. No mural shall be placed so as to interfere with ingress or egress from any structure, or in any way obstruct doors, windows, doors, vents or any other similar building element that would threaten the public health and safety. 14. No mural shall be arranged and illuminated in a manner that will produce a light intensity of greater than three footcandles above ambient lighting, as measured at the property line of the nearest residentially zoned property. Illumination must be directed so that it only illuminates the mural and does not spill over into residential properties. 16. Murals on properties in specific plans and overlay districts shall, in addition to the requirements of this Chapter, meet any specific design requirements for murals set forth in the ordinance(s) establishing the specific plan or overlay district. 17. Murals that would result in a property becoming out of compliance with the provisions of the City’s Municipal Code or any land use conditions of approval for the property on which a mural is to be located, are prohibited. 17.75.130 Prohibited Signs. The following signs and/or sign structures, temporary or permanent, are prohibited: A. Off-premises signs, except as may be provided in Section 17.75.110 (Signs on Public Property). The on-premises/off-premises distinction only applies to commercial copy. B. Signs on public property, including signs placed on street signs and utility poles, except as may be provided in Section 17.75.110 (Signs on Public Property). C. Signs or sign structures which by color, wording, or location resemble or conflict with traffic control signs or devices. D. Signs which obstruct vehicular views of pedestrians or other vehicles or pedestrian views of vehicles, so as to affect the safety of the public. E. Human signs. F. Rotating, moving, scintillating, blinking or flashing illumination signs, except for randomly blinking Tivoli lights. Any sign which rotates, moves, scintillates, blinks or A-42 01203.0005/740691.1 EQG 43 flashes, shall be deactivated within 60 days from the effective date of this chapter, without compensation. G. Commercial advertising statuary or holograms. H. Airborne signs. I. Air dancers. J. Billboards. K. Mobile billboard advertising displays, and advertising signs on motor vehicles parked or left standing upon a public street. L. Signs on hillsides. Signs of any kind, including those created by the arrangement of vegetation, rocks or other objects on a hillside, which are visible from a public right- of-way or a neighboring property. M. Feather signs. N. Roof signs. O. Obscene messages or graphic representations. 17.75.140 Removal Without Compensation; Legal Nonconforming Signs. A. The city may require removal, without compensation, of the following signs: 1. Any sign installed without first complying with all ordinances and regulations in effect at the time of its construction and erection or use. 2. Any sign found posted, or otherwise affixed upon any public property contrary to the provisions of this chapter. Such signs shall be immediately removed by the city. B. Legal nonconforming signs. 1. Legal nonconforming signs shall be removed without compensation if the sign meets any of the following criteria: a. Any sign, including its supporting structure, whose use has ceased, or has been abandoned by its owner, for a period of not less than 90 days. Costs incurred in removing an abandoned sign shall be charged to the property owner. b. Any sign which has been more than 50% destroyed, and the destruction is other than facial copy replacement. c. Any sign that has been moved from its original location on the property, or any sign that has been enlarged by more than 5% sign area or whose height has been increased by 5% without the required approvals. d. Any temporary sign which is beyond the time limits set within this chapter for its category of temporary sign. e. Any sign which, in the determination of the City’s building official, is or may become a danger to the public or which is unsafe. A-43 01203.0005/740691.1 EQG 44 f. Any sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City or of Los Angeles County. 2. Legal nonconforming signs must be maintained in accordance with Section 17.75.080(F). 3. Reconstruction of a legal nonconforming sign where 30% or more of the sign structure is replaced must be brought into full compliance with this chapter. 17.75.150 Abatement. Signs which may be removed without compensation shall be abated pursuant to the following process: A. Director’s Order. The Director shall issue a written order of abatement, and give notice thereof. B. Notice. Upon issuance of an order, the Director must forthwith give written notice of the Order by depositing a copy of the order with the United States Postal Service, addressed to the owner of the business and to the owner of the property to which the order relates. Alternatively, the Director may have such person(s) served personally with copies of the order. 1. The order must contain a description of the property affected, the names of the owners and/or persons in possession thereof, the basis for the order, and the time within which the usage must terminate. 2. The order is deemed final 30 days after the date of the notice, unless an appeal is filed. C. The sign that is the subject of the order must be removed within the time specified in the order, which may not exceed 60 days from the date the order is placed in the U.S. mail. D. If the sign is not removed within the time provided for by the order, the Director will arrange for its removal, and the owner or person(s) responsible for the sign shall bear the cost of the sign’s removal. The owner of the business and the owner of the property may be jointly and severally responsible for the cost of abatement. E. Appeal. 1. The owner of property, or the owner of the business, to which an order relates may appeal the order, either in propria persona or through his or her authorized agent. The appeal must be in writing, and must articulate the grounds upon which the order is being appealed. The appeal must be filed before the order becomes final, and shall include an appeal fee as set by city council resolution. 2. The appeal shall be set for a de novo hearing before the Commission, and notice of the hearing shall be provided as specified below. 3. At the hearing, the Commission shall hear evidence to determine whether the sign falls within a category of signs that can be removed without compensation in A-44 01203.0005/740691.1 EQG 45 accordance with Section 17.75.140 (Removal Without Compensation; Legal Noncomforming Signs), and any other matter the Commission deems relevant for a just resolution. The Commission may hear any and all matters that it deems relevant, and is not be bound by rules of admissibility of evidence. The Commission may hear relevant hearsay evidence, but may not base its findings and decisions on hearsay evidence alone. 5. The Commission must make a decision at the conclusion of the hearing, which shall be the effective date of the decision. The decision of the commission is deemed final 10 days after the effective date, unless a timely appeal is made to the city council. 6. Notice. Upon a decision by the Commission either affirming or vacating an order, the secretary of the Commission shall forthwith give written notice of the same. The notice shall contain a description of the property affected, the names of the owners of the property and/or the business affected, the basis for the decision reached, and a timeline for removal of the sign. The notice of such decision must be given in the same manner as set forth in Subsection B, above. 7. Mobile billboards. Pursuant to the authority set forth in California Vehicle Cod e Section 22651, a mobile billboard advertising display may be removed by any police officer when left parked or standing in violation of this ordinance, if the registered owner of the vehicle was previously issued a warning citation for violation of this section, advising the registered owner that he or she may be subject to penalties upon a subsequent violation of this section, that may include removal of the vehicle. Alternatively, a mobile billboard advertising display may be removed without prior issuance of a warning citation, if the City has posted signs in accordance with California Vehicle Code Section 22507(a), giving notice that it is unlawful to park, stand or otherwise allow to remain upon any city street, any mobile billboard advertising display. 11.75.160 Definitions Building façade. Any exterior elevation of a building. Business frontage. The width of a building occupied by a single business tenant that fronts on a public way where customer access to the building is available. Width is measured as the widest point on an architectural elevation. Changeable copy. Sign copy designed to be used with removable graphics or letters which will allow changing of copy. Corporate sign standards. Standards for logo or sign design approved by a corporation. Dilapidated. In a state of disrepair or ruin as a result of age or neglect. Director. The Director of the Community Development Department of the City, including his or her designee. Illegal sign. A sign that includes any of the following: (a) A sign installed without complying with all regulations in effect at the time of its construction or use; A-45 01203.0005/740691.1 EQG 46 (b) A sign installed or maintained contrary to any applicable provision of this chapter. (c) A sign which is a danger to the public or is structurally unsafe; or (d) A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City. Illuminated. Signs or individual letters in which an artificial source of light is used to make the message readable and includes both internally and externally lit signs. Externally illuminated. A sign whose light source is external to the sign and which casts its light onto the sign from a distance; or where the light source is behind an opaque sign element and causes it to be outlined by light reflected from the surface to which the sign is mounted. Internally illuminated. A sign whose light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting are not considered internally illuminated signs for the purposes of this chapter. Intersection visibility triangle. See Section 17.48.070. Internally illuminated sign. A sign with a light source located in the interior of the sign so the light shines through the face of the sign, or with a light source which is attached to the face of the sign and is perceived as a design element of the sign. Mural. An original work of visual art which is composed, created or produced firsthand, and that is painted directly upon, tiled, or affixed directly to an exterior wall of a structure with the permission of the property owner. A mural is distinguishable from graffiti based on the property owner’s permission to paint or affix the mural onto the property, and compliance with the permit provisions of this chapter. Nonconforming sign. Any permanent or temporary sign, including its physical structure and supporting elements, which was lawfully erected and maintained in compliance with all applicable laws in effect at the time of original installation, but which does not now comply with the provisions of this chapter. Obscene speech. A message or graphic representation that is obscene, as that term is defined in Section 311 of the California Penal Code. Off-premises sign. A sign identifying a business activity, property, services, or product at some location other than where the sign is displayed, including human signs and hand-held commercial signs. On-premises sign. A sign identifying a business activity, property, services, or product provided at the location where the sign is located. Any sign displaying noncommercial copy shall be considered an on-premises sign. Neon lighting. Any sign illuminated by or utilizing in any way tubes filled with neon and/or related inert gases, or products that produce the same or similar effect as neon, such as flexible light-emitting diode (LED) neon-like tubing. Permanent sign. A sign constructed of durable materials and intended to exis t for the duration of time that the use or occupant is located on the premises. A-46 01203.0005/740691.1 EQG 47 Placed. Erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, affixed or made visible in any manner. Public area. An area that is accessible or visible to any member of the public. Public right-of-way. A public street, plaza, courtyard, pedestrian corridor or walkway, city- owned parking lot, or alley. Review authority. The individual or official City body identified by this chapter as hav ing the responsibility and authority to review, and approve or deny, a permit application. Sign. Any physical form of visual communication, including its structure and component parts, which is exposed to exterior view to attract attention to or provide information about the subject matter or premises, through use of any combination of words, letters, figures, or symbols. (See below for sign types.) Sign area. The surface space containing words, letters, figures or symbols, together with any frame or material forming an integral part of the display but excluding support structures, the face of the building, and incidental parts not drawing attention to the subject matter. Where freestanding or projecting signs have two sides or faces, but only one face is visible from any point, the surface area of only one side shall be applied to the total sign area permitted. Sign copy. All portions of a sign displaying a message, including text and symbols, not including the supporting structure or base of a sign. Sign height. The vertical distance from the uppermost point used in measuring the area of a sign to the normal grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest. Sign Program. A coordinated design plan of one or more signs for an individual business, a multi-tenant business center, or other site that specifies the number, size, description, and location of all signs located or to be located on the parcel or business site. Sign width. The measurement of a sign or base of a sign at its full extent from side to side, measured at the widest point. Sign types. Abandoned sign. Any lawfully erected sign that, for a period of 90 days or more, no longer advertises or identifies an ongoing business, activity, product, service, or other use available on the premise where the sign is located. A-frame sign. A freestanding portable sign ordinarily in the shape of an “A” or some variation thereof, which is readily moveable and not permanently attached to the ground or any structure; also, a sandwich board sign. Airborne sign. A sign that is tethered by free-floating, such as a balloon sign, inflatable sign, and/or kite. A-47 01203.0005/740691.1 EQG 48 Air dancer. A tall, inflatable model, usually of a person or animal, that appears to move around due to the flow of air through it; also known as tube man, fly guy, sky dancer, or wacky waving inflatable arm flailing tube man. Animated or moving sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement. Architectural sign. A sign placed on a retaining, fence/perimeter, or decorative wall, usually raceway mounted or with individual letters affixed to t he structure. Architectural signs are not affixed to buildings. Awning or canopy sign. Any sign that is painted or applied to the face, valance, or side panel of a projecting structure consisting of a frame and a material covering, attached to and wholly supported by a building wall and installed over and partially in front of doors, windows, or other openings in a building. Balloon or balloon sign. Any inflated or inflatable object, with or without copy. Banner. A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. Barber pole. A rotating or stationary cylindrical pole of the traditional red, white, and blue spiral striped design, identifying the premises as a barber shop. Billboard. An off-premises sign designed for changeable advertising copy, which is normally used for the advertisement of goods, products, or services. Bus bench sign. A temporary message located on the backres t of a City bus bench. Business information sign. Signs which provide business information including, but not limiting to credit card acceptance, business hours, open/closed, or menus. Changeable copy sign. A sign designed to allow the changing of copy th rough manual, mechanical, or electrical means including time and temperature. Community information bulletin board. A board or similar posting area installed and maintained by the City for the posting of community information. Construction sign. See definition of subdivision sign, below. Directory sign. A pedestrian oriented sign used to provide a directory of tenant locations within a multi-tenant building(s). Double-sided sign: A sign constructed to display its message on the outer surfaces of two parallel planes. Electronic readerboard. A sign that contains a video screen, rows of light bulbs or LEDs or other type of electronic display, which when activated forms messages, symbols, or graphics. Feather sign. A temporary sign constructed of cloth, canvas , plastic fabric, or similar lightweight, non-rigid material and supported by a single vertical pole mounted into the ground or on a portable structure. A-48 01203.0005/740691.1 EQG 49 Flag. A fabric sheet of square, rectangular, or triangular shape that is mounted on a pole, freestanding or attached to a structure or building. This sign type includes official flags of national, state, or local governments. This sign type does not include feather signs. Flashing sign. A sign that contains an intermittent or sequential flashing light source. Freestanding sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework or device erected primarily to support the sign. Includes monument signs and ground mounted directory signs. Does not include pole signs. H-frame sign. A freestanding portable sign ordinarily in the shape of a sideways “H” or some variation thereof, which is readily moveable and not permanently attached to the ground or any structure. Human sign. Any sign or costume held or worn by an individual for the purpose of advertising a business, goods, or services. Inflatable sign. A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure and equipped with a portable blower motor that provides a constant flow of air into the device. Mobile billboard advertising display. As defined in Section 395.5 of the Vehicle Code, including any amendments or successor statutes thereto. Mobile billboards do not include: (1) Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle. (2) If the license plate frame is installed in compliance with Vehicle Code Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame. “Permanently affixed” means any of the following: (i) Painted directly on the body of a motor vehicle. (ii) Applied as a decal on the body of a motor vehicle. (iii) Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Vehicle Code Section 672 and licensed pursuant to Vehicle Code Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign. Monument sign. An independent, freestanding sign supported on the ground having a solid base. Parking lot sign. A sign placed or displayed in parking lots to supply information to people using such lots, including information with respect to liability as well as entry, exit, and directional information, handicapped parking requirements, and other information to facilitate the safe movement of vehicles served by the parking area. Pennant. A triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands, or supported on small poles, intended to flap in the wind. A-49 01203.0005/740691.1 EQG 50 People sign. A person, live or simulated, who is attired or decorated with insignia, images, costumes, masks, or other symbols that display commercial messages with the purpose of drawing attention to or advertising for an on - premises activity. Such person may or may not be holding a sign. Also known as human mascots, sign spinner, or walking signs. Permanent vehicle sign. A sign that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle. Pole sign. An elevated freestanding sign, typically supported by one or two poles or columns. Portable sign. A sign that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground, including but not limited to A-frame and H-frame signs. Portable signs do not include pole or wooden post signs (see Yard sign). Projecting sign. A sign projecting from and supported by a wall or building with the display surface of the sign perpendicular to the wall or building. Public property. Public property means and includes the public rig ht-of-way, and any property that is owned or controlled by the City or by any other government agency or district, or private and public utilities. Public property includes City Hall and the Civic Center, parks, utility poles, lines, and infrastructure, street trees, traffic control devices, and privately or publicly owned signs. Roof sign. A sign constructed upon or over a roof or placed so that any portion of the sign extends above the edge of the roof. Subdivision or construction sign. A temporary sign placed at a construction site that provides information regarding the project architect, owner, contractors, etc. Suspended sign. A sign that is suspended from the underside of an eave, canopy, awning, arcade, or other covered walkway. Wall sign. A sign attached to or painted on the exterior wall of a building with the display surface of the sign approximately parallel to the building. Wall signs include directories mounted to the walls of a building. Window sign. A temporary or permanent sign placed on or behind a window facing a public way. Window signs do not include common wall windows on the inside of a building not visible by the general public from any public right -of-way or any public area. Yard sign. Any temporary sign placed in the ground or attached to a supporting structure, posts, or poles, that is not attached to any building, not including banners. A-50 01203.0005/740691.1 EQG 51 Subdivision housing development. A housing development entitled pursuant to the California Subdivision Map Act. Street frontage. The portion of the building or property which faces or abuts a street(s). Support structure. The structural portion of a sign securing the sign to the ground, a building, or to another structure. Temporary sign. A sign constructed of paper, cloth, or similar expendable material, which is intended for a definite and limited period of display , and which is not permanently affixed to a structure, sign area, or window. Window area. The area within the perimeter window frames and glass doors located on a business frontage or street frontage.” Section 4. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will provide guidance regarding permitted signage in the City. Section 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 6. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code section 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code section 36933 in a newspaper of general circulation which is hereby designated for that purpose. Section 7. Effective Date. This Ordinance shall go into effect on the 31st day after its passage. A-51 01203.0005/740691.1 EQG 52 PASSED, APPROVED AND ADOPTED this ___ day of _____, 2021. Eric Alegria, Mayor Attest: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, TERESA TAKAOKA, 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. passed first reading on____________, 2021, was duly adopted by the City Council of said City at a regular meeting thereof held on ________, 2021, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Teresa Takaoka, City Clerk A-52 P.C. RESOLUTION NO. 2021-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL REPEAL SECTION 17.76.050 (SIGN PERMIT} OF CHAPTER 17. 76 (MISCELLANEOUS PERMITS AND STANDARDS) AND ADD CHAPTER 17.75 (SIGN CODE) TO ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE ADOPTING NEW SIGN REGULATIONS WHEREAS, on November 17, 2018, the City Council of the City of Rancho Palos Verdes initiated code amendment proceedings for a comprehensive update to Title 17 (Zoning Code) of the Rancho Palos Verdes Municipal Code (RPVMC) and the Zoning Map. The current sign code update is one element of an extensive process to update numerous chapters of Title 17 of the RPVMC . WHEREAS, the City's current sign code was originally implemented via Ordinance No. 78 in 1976, and while some amendments were made through the years, most recently in 1997, the sign code needs an update to reflect modern sign standards and ensure that it complies with current free speech laws. WHEREAS, on July 8, 2021, a notice was published in the Palos Verdes Peninsula News, providing notice of a public hearing before the Planning Commission on July 27, 2021, pursuant to the requirements of the Rancho Palos Verdes Development Code. WHEREAS, on July 27, 2021, the Planning Commission held a duly-noticed public hearing, continued to August 10, 2021, at which time all interested parties were given an opportunity to be heard and present evidence. WHEREAS, on August 10, 2021, the Planning Commission held a duly-noticed public hearing, continued to September 14, 2021, at which time all interested parties were given an opportunity to be heard and present evidence. WHEREAS, on September 14, 2021, the Planning Commission held a duly-noticed public hearing, during which the Planning Commission provided additional input and requested final modifications and changes to the proposed code language and approved recommending the sign code with the changes be adopted by City Council, and directed the staff to place this item on the September 28, 2021 Planning Commission Consent Calendar for final review of the proposed ordinance and adoption of the resolution recommending to the City Council to repeal Section 17.76.050 (Sign Permit) and to add Chapter 17.75 (Sign Code) to Article VII (Development Application and Review) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code. B-1 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1: The facts set forth in the recitals of this Resolution are true and correct and incorporated herein by reference as though set forth in full. Section 2: The Planning Commission has reviewed and considered the proposed code amendments to repeal of Section 17.76.050 (Sign Permit) and the addition of a new Chapter 17.75 (Sign Code) to Article VII (Development Application and Review) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to update sign regulations, as presented in 'Exhibit A'. Section 3: The amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and not hinder, the goals and policies of those plans. Specifically, the proposed sign code is consistent with Policy No. 11 of the Visual Resources Element: "Maintain strict sign standards to ensure that signs are harmonious with the buildings, neighborhood, and other signs in the area." Section 4: Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, 14 C.C.R. § 15000 et. seq., the City's Local CEQA Guidelines, this ordinance is exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will provide guidance regarding permitted signage in the City. Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be adopted, entitled, "AN ORDINANCE OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES, REPEALING SECTION 17 .76.050 (SIGN PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS), AND ADDING CHAPTER 17 .75 (SIGN CODE), TO ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW) OF TITLE 17 (ZONING)." P .C. Resolution No. 2021-15 Page 2 of 4 B-2 PASSED, APPROVED, AND ADOPTED this 28th day of September, 2021, by the following vote: AYES: COMMISSIONERS CHURA, JAMES, SAADATNEJADI, SANTAROSA, VICE- CHAIR HAMILL, AND CHAIR PERESTAM NOES: NONE ABSTENTIONS: NONE RECUSALS: ABSENT: Ken Rukavina NONE COMMISSIONER LEON Director of Community Development; and, Secretary of the Planning Commission ~ Chair P.C. Resolution No. 2021-15 Page 3 of 4 B-3 EXHIBIT "A" DRAFT ORDINANCE NO. Please see attached. P.C. Resolution No. 2021-15 Page 4 of 4 B-4 ORDINANCE NO. 2021-XX AN ORDINANCE OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES, REPEALING SECTION 17.76.050 (SIGN PERMIT) OF CHAPTER 17 .76 (MISCELLANEOUS PERMITS AND STANDARDS), AND ADDING CHAPTER 17.75 (SIGN CODE), TO ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW) OF TITLE 17 (ZONING) WHEREAS, the City of Rancho Palos Verdes, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs. Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981). WHEREAS, the City Council of the City of Rancho Palos Verdes recognizes that signs constitute speech protected by the First Amendment of the United States Constitution, and by Art. 1, Sec. 2, of the Constitution of the State of California, and that its regulation of signs must be consistent with these protections. WHEREAS, the City Council makes the following findings. 1. An excessive amount of signage, both in terms of number and size, as well as improper shape or design, can be distracting to motorists and pedestrians and this condition adversely effects the public safety by creating a potential traffic hazard. 2. Excessive and poorly designed signs are confusing and reduce the effectiveness of all signs; this condition reduces the ability of residents and visitors to readily locate public facilities as well as businesses and services . Consequently, this condition not only adversely affects public safety by interfering with safe travel but also affects the public welfare by reducing convenience to residents and visitors and the viability of commercial districts. 3. Businesses have an interest in having signage that effectively advertises goods or services, and that is visible to potential customers. 4. Further, signs provide important information to the public for a variety of purposes: excessive and poorly designed signs interfere with the effective transmitting of this information to the detriment of the public welfare. 4. Excessive and poorly designed signs detract from the City's appearance and visual environment: this fact is recognized both in the City's General Plan as well as its Coastal Specific Plan. The visual environment is important to property values and pleasant quality of life for residents and, therefore, signs which degrade that environment adversely affect the public welfare. Furthermore, the visual quality of the coastal zone is recognized in the California Coastal Act as a resource of statewide importance and, therefore, regulation of the size, shape, design and other features of signs, which become part of the visual environment, and which can detract from it if not carefully controlled, is important for protecting this public resource. 01203.0005/740691.l EQG 1 B-5 WHEREAS, the City has a substantial interest in regulating signs in the manner set forth in this ordinance and the regulations modified and adopted hereby further the City's substantial interests in traffic safety and aesthetics, in particular. World Wide Rush, LLC v. City of Los Angeles, 606 F.3d 676 (9th Cir. 201 0); Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998). WHEREAS, the City Council finds that the City can balance its interests in aesthetics and traffic safety with the interests of businesses and consumers by prohibiting all off-premises commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots. WHEREAS, commercial speech can be regulated more stringently than noncommercial speech; however, the City Council does recognize the need of businesses in the City to reasonably advertise their goods and services visibly and effectively. WHEREAS, regulations of commercial speech that is neither misleading nor related to unlawful activity are subject to intermediate scrutiny and will withstand a constitutional challenge if the regulations directly advance the asserted substantial interests of the City and the restrictions are not be more extensive than is necessary to serve that interest. Central Hudson Gas & Elec. Corp. v. Pub. Serv. Comm'n of N. Y., 447 U.S. 557 (1980). WHEREAS, this ordinance relating to the regulation of signs includes a statement of purpose regarding the City's substantial interest sought to be implemented by the regulations. Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 103 F.3d 814, 819 n.2 (9th Cir. 1996); Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980). WHEREAS, the City intends, by adoption of these regulations, to eliminate impermissible content-based regulations of noncommercial speech. Reed v. Town of Gilbert, AZ, 135 S. Ct. 2218 (2015); see also, National Advertising Co. v. City of Orange, 861 F.2d 246 (1987) (content based exemptions rendered the entire ordinance content based because the content of the sign's message determines whether or not a particular sign is prohibited or permitted); Simon & Schuster, Inc. v. Members of N. Y. State Crime Victims Bd., 502 U.S . 105 (1991); Police Department of the City of Chicago v. Mosley, 408 U.S. 92 (1972). WHEREAS, these regulations allow on-site commercial signage while prohibiting off-site advertising signs, the City Council having found that onsite commercial speech is more valuable than offsite commercial speech, as permitted by Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981); see also, Citizens for Free Speech, LLC v. County of Alameda, 114 F.Supp.3d 952 (N.D. Cal. 2015) (County ordinance banning billboards displaying offsite commercial messages was a facially valid regulation of commercial speech under First Amendment; ban was narrowly tailored to advance substantial government interest in 01203.0005/740691.1 EQG 2 B-6 community aesthetics, pedestrian and driver safety, and the protection of property values.). WHEREAS, the City Council finds that noncommercial murals constitute a public benefit by providing daily access to artistic works. The placement of murals without a regulatory framework, however, is likely to result in aesthetic harm to the City. The regulation of murals is a complex subject matter including issues relating to First Amendment protections such as time, place, and manner regulations as well as the appropriate and most beneficial locations and contexts for the placement of murals within the City. The City desires to aid artists, property owners. and others in understanding issues surrounding the creation of a mural and to apprise parties involved in mural projects. WHEREAS, the City Council finds that, because signs are speech protected by the United States and the California Constitutions, specific procedures are necessary to ensure that permits are issued or denied based on objective criteria and expeditiously with the due process of law. WHEREAS, a message substitution provision is included in the City's sign regulations, allowing any sign regulated by the new provisions of this Ordinance to display a noncommercial message, so that the City's regulations satisfy the constitutional mandate that it not restrict noncommercial signage to a greater degree than commercial signage. See Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993). WHEREAS, the City Council finds that a proliferation of temporary signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences. WHEREAS, the City Council finds that human signs constitute a traffic hazard by their conduct, and these signs divert the attention of drivers away from the road and to a business or service. WHEREAS, the City Council finds that prohibiting commercial conduct, such as human signs, that is intended to, or that does in fact, attract the attention of drivers, furthers the city's substantial interest in traffic safety. See, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862 (2003) (protected First Amendment speech can be restricted if it interferes with traffic). WHEREAS, the City Council finds that the sign code is consistent with the City of Rancho Palos Verdes' General Plan, Policy No. 11 of the Visual Resources Element: "Maintain strict sign standards to ensure that signs are harmonious with the buildings, neighborhood, and other signs in the area." WHEREAS, the City Council finds that the publication of the entire text of this ordinance in a newspaper of general circulation would cost significantly more than the 01203 .0005/740691. l EQG 3 B-7 cost of publishing other ordinances and it is infeasible to prepare a fair and accurate summary of the ordinance. WHEREAS, pursuant to subdivision (c) of Section 36933 of the California Government Code, the City Council may publish a summary of this ordinance in lieu of the entire text. WHEREAS, the City Council previously ordered that a display advertisement of at least one-quarter of a page be published in a newspaper of general circulation in the City, and that such publication occurred at least five days prior to the City Council meeting at which the ordinance was adopted. WHEREAS, on July 27, 2021 the Planning Commission of the City of Rancho Palos Verdes held a duly noticed public hearing to review the draft ordinance, provided recommendations to the City Council, and found the ordinance to be consistent with the General Plan. The hearing was continued to August 10, 2021, and September 14, 2021. WHEREAS, on September 14, 2021, the Planning Commission held a duly-noticed public hearing, during which the Planning Commission provided additional input and requested final modifications and changes to the proposed code language and approved recommending the sign code with the changes be adopted by City Council, and directed the staff to place this item on the September 28, 2021 Planning Commission Consent Calendar for final review of the proposed ordinance and adoption of the resolution recommending to the City Council to repeal Section 17.76.050 (Sign Permit) and to add Chapter 17.75 (Sign Code) to Article VII (Development Application and Review) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code. WHEREAS, on September 28, 2021, the Planning Commission adopted P.C. Resolution No. 2021-_, recommending that the City Council adopt the same; and WHEREAS, on _____ , 2021, the City Council held a duly noticed public hearing etc. WHEREAS, this ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will provide guidance regarding permitted signage in the City. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council finds that the recitals set forth above are true and correct, and material to the adoption of this ordinance, and are incorporated herein by reference. 01203.0005/740691.l EQG 4 B-8 Section 2. Section 17.76.050 (Sign Permit) of Chapter 17.76 (Miscellaneous Permits and Standards) of Article VII (Development Application and Review) of Title 17 (Zoning) is repealed in its entirety. 01203.0005n40691.l EQG 5 B-9 Section 3. Chapter 17.75 (Sign Code) of Article VII (Development Application and Review) of Title 17 (Zoning) is added to read: "Chapter 17.75 Sign Code. 17.75.010 Purpose. A. The purpose of this ordinance is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content- neutral, and nondiscriminatory sign standards and requirements to balance the City's interests in aesthetics and traffic safety, on the one hand, the interest of non- residential uses and their patrons to provide visible information relating to the services or goods provided, on the other hand. B. The purpose of this ordinance is, further, to provide clear and unambiguous sign standards that enable fair and consistent enforcement. 17. 75.020 Applicability. A. The provisions of this chapter apply to: 1. Any sign, sign structure, or display erected, constructed, attached, affixed, or altered on any private property that is visible from public property, private streets, or properties and structures adjacent to the parcel where the sign is located. 2. Privately-owned signs in the public right of way, as allowed by Section 17.75.120. B. This chapter shall not apply to: 1. Signs or displays that are not visible (i.e., capable of being seen, whether or not capable of being read) by the general public from any public right-of-way or public area, or from an adjacent private property. 2. Any sign, posting, notice or similar signs placed, installed, or required by law by the City, Los Angeles County, or a Federal or State governmental agency in carrying out its responsibility to protect the public health and safety including, but not limited to, the following: a. Emergency and warning signs necessary for public safety or civil defense; b. Traffic and parking signs erected and maintained by an authorized public agency or approved by an authorized public agency; c. Numerals and lettering identifying the address from the street to facilitate emergency response and compliant with City requirements; d. Signs directing the public to points of interest (e.g., wayfinding signs) erected by the City or other governmental agency; and e. Signs showing the location of public facilities. 01203.0005/740691.l EQG 6 B-10 3. Signs neatly and permanently affixed to a vehicle, which do not project or deviate above or from the vehicle profile. 4. Signs that constitute an integral part of a permitted vending machine or similar facility located outside of a business. 17.75.030 Interpretation; Substitution Clause; Severability. A. This chapter is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. To the extent any provision of this chapter is ambiguous, the term shall be interpreted not to regulate on the basis of the noncommercial content of the message. B. No part of this chapter shall be construed to favor commercial speech over non- commercial speech. A non-commercial message may be substituted for any commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different non-commercial message, without the need for any approval or permit, provided that the sign otherwise complies with the provisions of this chapter. C. Where a particular type of sign is proposed, and the type is not expressly allowed, restricted, or prohibited by this chapter, the application shall be approved, conditionally approved, or denied based on the most similar sign type that is expressly regulated by this chapter. D. This sign ordinance provides for the maximum allowable signage. E. In the event of any conflict between this chapter and any law, rule, or regulation of the State of California, the requirement that establishes the higher standard of safety shall govern. F. The provisions of this chapter shall not require alteration of the display of any registered mark, or any trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the sign permit or Sign Program applicant to establish that a proposed sign includes a registered mark. G. If any provision of this chapter becomes illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 17.75.040 Sign Permit or Sign Program Required. A. Sign Permit. A Sign Permit is required to erect, move, alter, replace, suspend, display, or attach a sign, whether permanent or temporary, unless otherwise specified in Section 17.75.050. 01203.0005/740691. l EQG 7 B-11 B. Sign Program. The purpose of a Sign Program is to facilitate harmonious signage on multi-tenant commercial properties. 1. A Sign Program approved by the Planning Commission is required for any parcel with four or more businesses or commercial tenant spaces, regardless of whether the tenant spaces are occupied. A Sign Program may be requested by an applicant for a parcel with fewer than four businesses or tenant spaces, but is not required. 2. Individual signs within each Sign Program must comply with the provisions of this chapter. 3. Once a Sign Program is approved, Sign Permits are not required for individual business signs that are installed in compliance with the Sign Program: individual signs in compliance with an approved Sign Program can be approved by the Director through a Sign Program compliance review. 17.75.050 Signs and Sign Activities Allowed Without a Permit. A. Signs that do not require permits as may be indicated in Sections 17.75.090 (Standards for Permanent Signs on Non-Residential Properties), 17.75.100 (Standards for Temporary Signs on Non-Residential Properties), and 17. 75.110 (Standards for All Signs on Residential Properties). B. Governmental or other legally required notices or signs, including any City-required window signs for businesses. C. The following sign activities, subject to any applicable technical permits. 1. The normal maintenance of a sign, including cleaning, repainting, or repairing, except when prohibited for a nonconforming sign. 2. A change in copy or sign face in the same style and color scheme as the existing sign. 3. Changes to the copy of a changeable copy sign. 4. Signs that have completed a compliance review by the Director and are installed in conformance with an approved Sign Program. 17.75.060 Sign Permit and Sign Program Application Procedures; Minor Exception; Permit Denial or Revocation; Appeal. A. Sign Permit and Sign Program review shall be performed solely for compliance with this chapter. B. Application requirements. An application for a Sign Permit or Sign Program shall be filed with the Director on a City-approved form and shall include the following information. 1. Sign Permit Application Requirements. 01203.0005/740691.l EQG 8 B-12 a. Property owner permission for the applied-for Sign Permit or Sign Program, in writing. b. A scaled site plan indicating location of all signs (existing and proposed). c. Elevations indicating placement of all proposed signs , as well as color photographs no smaller than 4" x 6" clearly showing the elevation, placement, and sign area of all existing signs, including with relation to neighboring properties and structures. c. Written descriptions of proposed colors, font styles, materials, fabrication methods , and letter sizes for each sign for which a permit is being requested. d. The address where the proposed sign(s) will be located, including the assessor's parcel number. 2. Sign Program. Two copies of the following information. Approved Sign Programs will be kept by the Planning Division and used in the review of any and all sign applications made by the owner or tenants of the subject property. a . Overall sign design , location , placement, and sizes of all signs proposed within the center, and any existing signs. b. Fully-dimensioned and detailed site and elevation plans, colored renderings that clearly show lettering design , including a colors and materials board, and written descriptions of each individual proposed sign, and any existing signs. d. For any application involving the revision or addition to an existing Sign Program, the applicant must submit a new Sign Program application to include details of the proposed revision as well as a mailing list of the current tenants at the subject site . e. The application must include the address where the proposed sign(s) will be located, including the assessor's parcel number. C. Ot her permits required. In addition to the requirements of this chapter, all signs shall comply with applicable building permit and/or electrical permit requirements. D. Review and appea l a uthority. Table 17.75 .060-1 identifies the responsible review and appeal authority for each type of sign approval. The appeal authority's decision shall be final. Table 17.75.060-1 Permit Type Review Authority Appeal Authority Sign Permit Director Planning Commission Sign Program Planning City Council Commission 01203.0005/740691.1 EQG 9 B-13 D. Sign Permit findings. The Director shall approve a Sign Permit application, with or without conditions, after making the following findings: 1. The sign complies with the standards of this chapter, any applicable specific plan, and any applicable previously approved Sign Program. 2. The sign will not impair pedestrian and vehicular safety. 3. The sign's design or proposed construction will not threaten public safety. E. Sign Program required findings. The Planning Commission shall approve a Sign Program application, with or without conditions, after making the following findings: 1. The Sign Program complies with the standards of this chapter, and any applicable specific plan requirements; or 2. A Sign Program that does not comply with the standards of this chapter, shall be approved only if findings consistent with subsection H (Minor Exception), below, can be made. 3. The Sign Program standards will result in signs that are visually related or complementary to each other and to the buildings and/or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments. 4. The Sign Program will not result in signs that would impair pedestrian and vehicular safety. 5. The signs' design or proposed construction will not threaten public safety . F. APPiication timelines. 1. Sign Permit. a. Completeness. The Director shall determine completeness of a Sign Permit application within 15 days of submission. If the application is deemed incomplete, the Director shall inform the applicant in writing, stating the reasons therefor. If the application is deemed incomplete a second time, it shall be denied without prejudice and a new application shall be required. b. The Director shall grant, conditionally grant, or deny a Sign Permit application within 10 days after it has been deemed complete. In the event of an application being conditionally granted, or denied, the Director shall provide in writing the reasons therefor. 2. Sign Program. a. The Director shall determine completeness of a Sign Program application within 30 days of submission. If the application is deemed incomplete, the Director shall inform the applicant in writing, stating the reasons therefor. A Sign Program application may be resubmitted up to three times following a determination of incompleteness. Thereafter, an incomplete application shall be denied without prejudice and a new application shall be required. 01203 .0005/740691.1 EQG B-14 b. The Director shall set for public hearing before the Planning Commission a completed Sign Program application on the next available Commission meeting, but in no event later than 45 days following a determination of completeness. G. Sign Permit or Sign Program conditions. Any condition imposed on a Sign Permit or Sign Program will be limited to protecting the public health and safety, or to ensure compliance with view preservation requirements of this code, and will not affect the sign message, or have the intent or effect of reducing allowable signage for a property. H. Minor exception. A minor exception to the limitations in this chapter may be obtained as follows: a. There are special circumstances applicable to the property including size, shape, topography, location, surroundings, building placement, or architectural style that warrant modified standards to afford the property privileges enjoyed by other properties in the vicinity and in the same zone. b. The modified standards do not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zone. c. The maximum exception allowed is a 10% increase in sign area and/or 10% increase in sign height for any individual sign, and only to the extent necessary to mitigate the special circumstances at the property d. A minor exception may not be used to apply for or erect prohibited signs, or signs that would otherwise violate the provisions of this chapter. d. An application for a minor exception may be filed pursuant to Section 17 .66.030 of this Code. The Director shall grant or deny the application within 10 business days of receipt. The Director's decision may be appealed to the Planning Commission in writing, stating the reasons therefor, within 10 calendar days of the date of the decision. The Planning Commission shall hear the appeal as a noticed public hearing no later than 30 days following the date of the City's receipt of the appeal. The Planning Commission's decision is final. The time for a challenge to the decision in a court of law shall be governed by California Code of Civil Procedures Section 1094.8. Notice of the Planning Commission's decision shall include citation to California Code of Civil Procedure Section 1094.8. I. Modifications to Sign Permits or Sign Programs. An approved Sign Permit or Sign Program may be modified or amended through the same procedure as the original approval. However, minor amendments to a Sign Permit or Sign Program may be approved by the Director if it is determined the intent of the original approval, required findings, and any conditions attached thereto, are not affected. J. Permit Denial or Revocation. 1. A Sign Permit or Sign Program may be denied by that permit's review authority on the following grounds: 01203.0005/740691.l EQG 11 B-15 a. One or more of the required findings to grant a Sign Permit or Sign Program cannot be made. b. The applicant has made material misrepresentations on the application. 2. A Sign Permit or Sign Program may be revoked by that permit's review authority on the following grounds: a. Any condition of the Sign Permit or Sign Program has not been complied with. b. Uncorrected violations of this chapter. c. The sign is being operated in a manner that constitutes a public nuisance or is a threat to the public health and safety. K. Appeals. A review authority's permit decision may be appealed in compliance with Chapter 17.80; provided that, the appeal must be submitted in writing within seven days of the reviewing authority's decision, and the appeal hearing shall be set no later than 30 days after the appeal is received by the City. When a final decision is issued by the Commission or Council, the time for a challenge to the decision in a court of law shall be governed by California Code of Civil Procedure Section 1094.8. Notice of the reviewing body's decision shall include citation to California Code of Civil Procedure Section 1094.8. 17.75.070 Permit Expiration; Extensions. A. Sign Permits. 1. A Sign Permit expires 12 months after the date of approval unless the sign has been installed or a different expiration date is stipulated in the approval. 2. A Sign Permit expires when the activity, product, business, service, or other use that is being advertised or identified has ceased for a period of not less than 90 days or has moved from the location where the sign was allowed. 3. A Sign Permit expires when a sign is removed from the approved location for more than 90 days or a new permit is approved for a replacement sign. 4. Upon written request by the applicant, the Director may extend a Sign Permit up to an additional 12 months from the original date of expiration based on parcel specific conditions justifying the original approval and whether or not those conditions have changed (e.g., physical site changes such as a new building or effects of a natural disaster, change in applicable sign regulations, etc.). The Director may make the extension subject to new conditions of approval should parcel-specific conditions warrant revised or new conditions to meet the required findings. 5. Notwithstanding any expiration date that may be applicable to a Sign Permit, the expiration date of that Sign Permit shall be the same as the latest expiration date of the Building Permit or other applicable permits for the project for which the Sign Permit was issued. 01203.0005/740691.l EQG 12 B-16 B. A Sign Program has no expiration date, but will become moot if the project's entitlements expire. 17.75.080 General Requirements For All Signs A. Sign Readability. A sign's message should be clearly legible for the intended audience (e.g., vehicular traffic, pedestrians, etc.). B. Sign Measurement Criteria. 1. Sign area. The surface area of a sign is calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, element, or other display within a single square or rectangle. Unless otherwise indicated, temporary signs are not counted toward total (permanent) allowable sign area or number. 2. Sign structure. Supporting sign frame and support structures that are clearly incidental to the display itself are not computed as sign area, except for portable signs. 3. Double-sided signs. The area of a double-sided sign that has no more than 24 inches separating the outer surfaces of the sign's two parallel planes is computed by multiplying the total height by the total length of only one side of the sign area. 4. Three-dimensional objects. Where a sign consists of one or more three dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue- like trademarks), the sign area is measured at their maximum projection upon a vertical plane. 5. Multiple objects. When signs are composed of individual elements, the area of all sign elements, which together convey a single complete message, are considered a single sign. 6. Sign height. Sign height is measured as the vertical distance from the lowest elevation of the finished grade below or surrounding the base of the sign to the top of the highest element of the sign. In cases where substantial fill is proposed, "finished grade" shall be established by the Director consistent with properties in the immediate vicinity, and shall not be artificially raised to gain additional sign height. If highest finished grade surrounding the sign is lower than the grade of an adjacent road, the height of the sign shall be measured from the top of curb elevation nearest to the sign. C. Sign Illumination. Sign illumination shall be designed to minimize light and glare on surrounding rights-of-way and properties, according to the following standards: 1 . LED/neon lighting is encouraged for energy conservation purposes and to allow for creatively designed and attractive signs. 2. Sign illumination shall be limited to avoid light projection or reflection into residential properties. 01203.0005/740691.1 EQG 13 B-17 3. Sign illuminations shall not blink, flash, flutter, or change light intensity, brightness. Illuminated window signs that are no greater than 2.5 square feet in area are exempt from this standard. 4. Neither the direct nor reflected light from primary light sources may create hazards for pedestrians or operators of motor vehicles. 5. Internal and external illumination is permitted provided that any external illumination is directed at the sign only and is pointed away from nearby properties. 6. The approval of any illuminated sign shall not be final until 30 days after installation, during which period the director may order the dimming of any illumination found to be excessively brilliant and no sign permit shall be valid until such order has been carried out to an extent satisfactory to the director. Illumination shall be considered excessive when it prevents normal perception of objects or buildings beyond or in the vicinity of the sign. D. Sign Design and Materials. 1. Design and construction. a. All signs shall comply with any applicable provisions of the uniform codes of the City. b. The size of the structural members (e.g., columns, crossbeams, and braces) shall be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports. c. Temporary signs shall be of sufficient weight and durability to withstand wind gusts, storms, etc., and shall be removed if weather conditions are such that the sign may be knocked over or blown away. d. Signs shall not include attachments, including, but not limited to, balloons, pennant flags, ribbons, loudspeakers, etc. 2. Materials. a. Sign materials (including framing and supports) shall be characteristic of or compatible with the type and scale of materials used on the parcel of the sign. b. Reflective materials shall not be included on signs. c. Sign materials shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance. E. Sign Placement. 1. No sign located within the intersection visibility triangle may exceed 2.5 feet in height. 2. Signs shall not be placed so as to obstruct ingress and egress into any private or public property, including ADA access. 3. No sign shall be placed so as to obstruct pedestrians' or motorists' view of signs erected by a local, state, or federal governmental agency, including, but not 01203.0005/740691. l EQG 14 B-18 limited to, traffic signs, public directional signs, parking signs, and street address signs. 4. No sign shall be placed so as to obstruct or hinder sidewalk or street access or visibility by pedestrians and vehicles. 5. All signs shall be placed securely and or built in accordance with building code requirements. 6. Temporary signs shall not be located in any landscaping area and shall not encroach into required parking areas, interfere with pedestrian traffic or ADA access, create traffic hazards, or cause a nuisance or hazard. 7. Signs within the coastal zone: Any sign placed within the Coastal Zone, shall not: (a) Obstruct views to or along the coast from publicly accessible places; (b) Adversely impact public access to and use of the water; (c) Adversely impact public recreation, access, or the visual resources of the coast. 8. Except as may be permitted by this code, signs shall not be placed on property fences or walls. F. Sign Maintenance. All signs, both temporary and permanent, shall be continuously maintained in compliance with the following standards: 1. Each sign and supporting hardware shall be maintained in good repair so that it is able to function properly at all times. This includes the replacement of burned out or broken light bulbs and repair or replacement of faded, peeled, cracked, or otherwise damaged parts of a sign. 2. Signs that have structural or electrical components shall be maintained in a safe condition, in accordance with applicable technical codes. 3. Signs that have been physically damaged by weather or physical impact shall be reviewed by a competent engineer or qualified building inspector, contractor, or sign professional within 24 hours after the damage occurs. 4. Any repair to a sign shall be of materials and design of equal or better quality as the original sign. 5. When an existing sign is replaced, all brackets, poles, and other supports that are no longer required shall be removed. 6. Landscaping required by this chapter shall be maintained in a neat, clean and healthy condition, which includes pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings. 01203.0005/740691.l EQG 15 B-19 17.75.090 Standards for All Signs on Non-Residential Properties All signs on non-residential properties shall comply with the standards provided in this section and, as applicable, in Section 17.75.080. Table 17.75.090-1 Signs on non-residential properties. Maximum Maximum Maximum Illumination Minimum Other Number Sign Area Sign 17. 75.0S0(C) Setback requirements Structure Height Architectural sign 1 per -Width: n/a Internal or n/a -Permit (permanent) fence, max 75% external required decorative of wall etc. wall -Lettering height minimum 6" maximum 12" -Must not project more than 8" from wall Awning or canopy -I/canopy - 1 sq ft Not to be Internal or n/a -Permit sign per displayed external required (permanent) -]/valance horizontal above 2nd lineal foot story -Width: max of valance 60%of or canopy canopy or valance -Max 75% valance -Vertical coverage clearance 8 ft from grade -Min 2 feet setback from outer curb Banners 1 per Greater of -Not Not allowed n/a -Permit (temporary) business 30 sq ft or above required 10%of story of business business to -Must be frontage attached to -Shall not structure project 01203 .0005/740691.l EQG 16 B-20 Table 17.75.090-1 Signs on non-residential properties. Maximum Maximum Maximum Illumination Minimum Other Number Sign Area Sign 17.75.0S0(C) Setback requirements Structure Height above edge -Max 30 days of the roof per banner, collectively no more than 120 days per calendar year. New business may have, additionally, one banner for up to the earlier of 90 consecutive days or until new sign is installed Construction signs 1 sign per 20 sq ft 25 feet but External 5 feet from -Permit (temporary; see entrance per sign in no even property line required subdivision signs for taller than definition) highest -Max 12 building months Electronic l sign per 40 square 16 feet Internal 5 ft from -Permit readerboards entrance feet property line required (permanent) Institutional uses only Flags n/a 30 sq ft Same as External 5 ft from -Permit (permanent/ per allowable property line required temporary) business; building max 24 sq height -Vertical ft per flag clearance min 8 feet from bottom of flag to grade -Must be securely attached to a flagpole Freestanding signs - 1 per 40 sq ft 25 ft, but Internal or 5 ft from -Permit (permanent; entrance in no event external property line required monument/ ground higher than mounted directory) -1 additional 01203.0005/740691.1 EQG 17 B-21 Table 17.75.090-1 Signs on non-residential properties. Maximum Maximum Maximum Illumination Minimum Other Number Sign Area Sign 17.75.0S0(C) Setback requirements Structure Height sign on max bldg -Min. 30 ft comer, if height separation applicable between signs -Monument signs base width: 40% of sign structure width if structure is 4 sq ft or 3 ft tall Parking lot signs 1 sign per 4 sq ft 3 ft Internal or n/a n/a (permanent) spot external Pole signs 1 sign per 40 sq feet 16 feet Internal 5 feet from -Permit (permanent) entrance property line required -Institutional uses only -Vertical clearance min 8 feet from bottom of sign to grade in pedestrian areas Portable signs 1 per 6 sq ft 3 ft Not allowed 5 feet from -Max 10 feet (temporary) business property line from business entrance -Must be removed daily at close of business Projecting signs / 1 per 12 sq ft 14 ft from Internal or Can encroach -Permit Suspended signs business grade; not external up to 3 ft into required (permanent) entrance higher than PROW with floor City Engineer -Width: max where approval and 10 inches business is encroachment located permit -Vertical clearance: 8 ft from bottom 01203.0005/740691.l EQG 18 B-22 Table 17.75.090-1 Signs on non-residential properties. Maximum Maximum Maximum Illumination Minimum Other Number Sign Area Sign 17.75.0S0(C) Setback requirements Structure Height of sign to grade -Max 5 ft extending from structure wall -Must be double sided Wall signs n/a I sq ft per Second Internal or n/a -Permit (permanent; lineal foot story but external required includes building-of business not more mounted directory frontage than 25 ft -Projection: signs) from grade Max IO inches from wall; 2 inches from wall for wall- mounted directories -Width: Max 75%of building fayade or business frontage -Vertical clearance: l 0 ft from grade; not applicable for directories Window signs/ n/a 30%of n/a Internal n/a n/q Permanent window area (including temporary window signs) Window Signs/ n/a 30%of n/a Not allowed n/a n/a Temporary window area 01203 .0005/740691.l EQG 19 B-23 Table 17.75.090-1 Signs on non-residential properties. Maximum Maximum Maximum Illumination Minimum Other Number Sign Area Sign 17.75.0S0(C) Setback requirements Structure Height (combined -Maximum with 60 days per permanent calendar year window signs) Yard Signs 1 per 5 sf/ sign -Inverted Not 5 ft from -Maximum (temporary) business/ L: 6 ft permitted property line 90 days each use from calendar year frontage lowest grade -Other yard signs 3 ft from lowest grade A. Archi te ctura l signs. The following standards apply to permanent architectural signs on non-residential properties (see Figure 17.75.090.1) Figure 17.75.090.1 1. Permit required. 2. Maximum Number. One sign per decorative, fence, or retaining wall. The purpose of this limitation is to ensure that signs can be erected at all entrances to a so as to be visible to vehicles arriving at the property. 3. Maximum Area. Not applicable. 4. Maximum Height. Signs shall not project above the wall on which they are placed. 5. Maximum width. Sign lettering shall not cover more than 75% of the width of the wall. 6. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 01203.0005/740691.l EQG 20 B-24 7. Lettering height: Minimum 6"; Maximum 12". 8. Must not project more than 8" from wall 01203.0005/740691.l EQG 21 B-25 B. Awning or canopy signs. The following standards apply to permanent awning or canopy signs on non- residential properties (see Figure 17.75.090.2). Figure 17.75.090.2 LJ LJ u L AWN\NGS\GN ---~----vAlANCE-~- 1. Permit required. 2. Maximum Number. One sign per awning or canopy, and one per valance. 3. Maximum Area. One square foot per one lineal foot of awning or canopy width, and 75% maximum coverage per valance. 4. Maximum Height. Sign is not to be displayed above the second story. 5. Maximum width. Sign copy on an awning or canopy shall not exceed 60% of awning or canopy width. 5. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 6. Vertical clearance. Minimum 8 feet from bottom of the awning, including valance, or canopy to finished grade. 8. Setback and projection into public right-of-way. A minimum of 2 feet between the edge of the awning or canopy and outer curb face shall be maintained. 01203.0005/740691.l EQG 22 B-26 C. Banners. The following standards apply to temporary banner signs on non-residential properties (see Figure 17.75.090.3). Figure 17.75.090.3 -----------~---_____ _} BANNER SIGN l-- 1. Permit required. 2. Maximum Number. One per business frontage. 3. Maximum Area. 30 square feet or 10% of business frontage on which the banner is placed, whichever is greater. 4. Maximum Height. Banners shall not be placed above the story of the business to which they apply, and shall not project above the edge of the roof of the structure to which they are attached. 5. Illumination. Not allowed. 6. Maximum Duration: Maximum 30 days per banner, collectively no more than 120 days per calendar year. A new business is allowed to have one banner for up to 90 consecutive days to allow time for a permanent sign to be installed; this initial time period shall not count towards the total allowable time the business may have banners. 7. Banners shall be affixed to a permanent structure (i.e., cannot be freestanding, such as mounted on temporary posts). 01203.0005/740691.l EQG 23 B-27 D. Construction signs (see Subdivision signs for definition). The following standards apply to temporary construction signs on non-residential properties (see Figure 17.75.090.4) Figure 17.75 .090.4 CONSTRUCTION SIGN 555-5555 1. Permit required. 2. Maximum Number. One per entrance. 3. Maximum Area. 20 square feet. 4. Maximum Height. 25 feet, but in no event taller than the highest building . 5. Illumination. External. 6. Setback: Minimum 5 feet from property line. 7. Construction signs are limited to 12 months. E. Electronic readerboards. The following standards apply to permanent electronic readerboards on non- residential properties (see Figure 17.75.090.5). Figure 15. 75.090.5 1. Permit required . ELECTRONIC READERBOARD 2. Maximum Number. One per entrance . 01203.0005/740691.l EQG 24 B-28 3. Maximum Area. 40 square feet. 4. Maximum Height. 16 feet. 5. Setback: Minimum 5 feet from property line. 6. Illumination . May be internally illuminated consistent with Section 17.75.080.C . 7. Electronic readerboards are permitted only for institutional or assembly uses. F. Flags. The following standards apply to flags on non-residential properties (see Figure 17.75.090.6). Figure 17.75.090.6 F G 1. Permit not required. 2. Maximum Number. One per business. 3. Maximum Area. 24 square feet per flag. 4. Maximum total flag area per property: 30 square feet. 5. Maximum Height. The height of a flag is limited to the zone's allowable building height. 6. Vertical clearance. Minimum 8 feet from bottom of the flag to finished grade. 7. Setback: Minimum 5 feet from property line. 8. Illumination. May be externally illuminated consistent with Section 17 .75 .080 .C. 9. A flag shall be securely attached to a flag pole. 01203.0005/740691.I EQG 25 B-29 G. Freestanding signs. The following standards apply to permanent freestanding signs (ground-mounted directory signs and monument signs) on all non-residential properties (see Figures 17.75.090.7 and 17.75.090.8). Figure 17.75.090.7 r---n I GROUND MOUNTED DIRECTORY SIGN I SIGN TEXT l 1 l L Figure 17.75.090.8 0 U E T SIG 1. Permit required. 2. Maximum Number. 1 per entrance. Corner lots may have one additional freestanding sign on the corner. 3. Maximum Sign Area. 40 square feet. 4. Maximum Structure Height. 25 feet, but in no event higher than the maximum building height. 5. Maximum Width. 10 feet, including structure. Sign structures larger than 4 square feet or taller than 3 feet shall include a sign base with an aggregate width of at least 40% of the width of the sign face. 6. Setback. Minimum 5 feet from a property line; the setback may be increased to ensure safe motorist visibility. 01203.0005/740691.I EQG 26 B-30 7. Separation. Freestanding signs must be separated from other freestanding signs by at least 30 feet. 8. Illumination. Internally or externally illuminated consistent with Section 17.75.080.C. H. Parking lot signs. The following standards apply to permanent parking properties (see Figure 17.75.090.9). Figure 17.75.090.9 1. Permit not required. PARKING LOT SIGN 2. Maximum Number. 1 sign per parking spot. 3. Maximum Area. 4 square feet. 4. Maximum Height. 3 feet. lot signs on non-residential [ 5. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 01203.0005/740691.I EQG 27 B-31 I. Pole signs. The following standards apply pole signs on non-residential properties (see Figure 17.75.090.10). Figure 17.75.090.10 1. Permit required. POLE SIGN 2. Maximum Number. One per entrance. 3. Maximum Area. 40 square feet. 4. Maximum Height. 16 feet. 5. Vertical clearance. Minimum 8 feet from bottom of the flag to finished grade in pedestrian areas. 6. Illumination. May be internally illuminated consistent with Section 17.75.080.C. 7. Pole are permitted only for institutional or assembly uses. J. Portable signs. The following standards apply to temporary portable signs on non-residential properties (see Figure 17.75.090.11). Figure 17.75.090.11 A-FRAME H-FRAME ' ' 01203.0005/740691.1 EQG 28 B-32 1. No permit required. 2. Maximum Number. One per business. 3. Maximum Area. 6 square feet. 4. Maximum Height. 3 feet. 5. Illumination. Not allowed. 6. Setback: Minimum 5 feet from property line. 7. Signs shall be located maximum of 10 feet from the primary business entrance. 8. Signs shall be removed at the close of business. K. Projecting signs/Suspended signs . The following standards apply to projecting and suspended signs on non-residential properties (sometimes also referred to as "blade signs") (see Figure 17.75.090.12 and 17. 75.090.13). Figure 17.75.090.12 01203.0005/740691.1 EQG 29 B-33 Figure 17. 75.090.13 1. Permit required 2. Maximum Number. 1 per business entrance . 3 Maximum Area. 12 square feet. 4 . Maximum Height. 14 feet above finished grade . 5. Maximum Width : 1 O inches. 6 . Vertical clearance. Minimum 8 feet from bottom of the sign to finished grade below . 7. Projecting signs shall not extend more than 5 feet from a structure wall. 8 . Projecting into public right-of-way. May encroach into the City right-of-way a maximum of 3 feet if approval is obtained from the City engineer and a City Encroachment Permit is issued. Approval shall only be withheld if the proposed sign cannot be installed safely. Signs may not encroach into State right-of-way unless authorized by the State. 9. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 10. Projecting signs shall be double-sided. 01203.0005/740691.l EQG 30 B-34 L. Yard signs. The following standards apply to temporary yard signs on non-residential properties (see Figures 17.75.090.14, 17.75.090.15 and 17.75.090.16). Figure 17.75.090.14 Figure 17.75.090.15 01203.0005/740691.l EQG YARD SIGN YARD SIGN 31 B-35 Figure 17.75.090.16 YARD SIGN 6) '.,,, V V a. No permit required. b. Maximum Number. One per business/use frontage. c. Maximum Area. 5 square feet. d. Maximum Height. Inverted L: 6 feet from lowest grade; other yard signs: 3 feet from lowest grade. e. Illumination. Not allowed. f. Setback: Minimum 5 feet from property line. g. Duration: Maximum 90 days per calendar year. M. Wall signs. The following standards apply to permanent wall signs on non-residential properties (see Figures 17.75.090.17 and 17.75.090.18). Figure 17.75.090.17 [ WALL SIGN 01203.0005/740691.l EQG 32 B-36 Figure 17.75.090.18 1. Permit required. 2. Includes directories mounted on building walls. ___ J ON-BUILDING DIRECTORY SIGN 3. Maximum Area. 1 square foot per lineal foot of building fac;ade or business frontage. 4. Maximum Height. Sign is not to be displayed above the second story, but no higher than 25 feet from grade. 5. Sign width. Maximum 75% width of building fac;ade or business frontage. 6. Projection. Maximum 10 inches from the wall to which it is attached. 7. Vertical clearance. Minimum 10 feet from bottom of the sign to finished grade below; not applicable for directories. 8. Illumination. Internally or externally illuminated consistent with Section 17.75.080.C. 01203.0005/740691.l EQG 33 B-37 N. Window signs, permanent. The following standards apply to permanent window signs on non-residential properties (see Figure 17.75.090.19). Figure 17.75.090.19 LJ LJ 1. Permit required. LJ WINDOW SIGN LJ 2. Maximum Area. 30% of window area (including temporary window signs). This is a per-window limitation, not total window area. Each window shall not be covered by window signs that are larger than 30% of the area of the window. 3. Illumination. May be internally illuminated consistent with Section 17.75.080.C. 0. Window signs, temporary. The following standards apply to temporary window signs on non-residential properties. 1. Maximum Area. 30% of window area. In no event shall more than 30% of the total window area be covered by signage, permanent or temporary. 2. Maximum Height. Not applicable. 3. Illumination. Not allowed. 4. Duration. Temporary window signs may be displayed for no longer than 60 daysperca~ndaryea~ 01203.0005/740691.1 EQG 34 B-38 17.75.100 Standards For All Signs On Residential Properties Signs on residential properties shall comply with the standards provided in this section and, as applicable, in Section 17.75.080. Unless otherwise indicated, all signs require a Sign Permit or an approved Sign Program. Table 17.75.100-1 Signs on residential properties. Maximum Maximum Maximum Illumination Setback Other Number Sign Area Sign per requirements Structure 17.75.080(C) Height Architectural 1 per wall n/a n/a Internal or n/a -Permit required sign external (permanent) -Width: max 75% of wall -Lettering height minimum 6" maximum 12" -Must not project more than 8" from wall -Only for housing developments of 6 or more units Flags n/a 15 sf/flag 12 ft External 5 ft from -Securely attached (permanent/ 30 sf total property line to flag pole temporary) Freestanding 1 per 40 sf 10 ft Internal or 5 ft from -Permit required signs entrance external property line (permanent; -Subdivision monument and housing ground-developments 60 mounted or more units only directory signs) -Max. width: 6 feet, including structure. Sign structures larger than 4 square feet or taller than 3 feet shall include a sign base with an aggregate width of at least 40% of the 01203.0005/740691.1 EQG 35 B-39 width of the sign face Subdivision 1 sign per 20 sq ft -25 feet but External 5 ft from -Permit required signs 15 units per 15 in no event property line (temporary) units taller than -Max 12 months building height -Only for housing developments of 6 or more units Yard Signs 3 signs 5 sf/ sign -Inverted L: Not permitted Min 2 feet -No encroachment (temporary) 6 ft from from or overhang onto lowest grade vehicular public property right of way -Other yard signs 3 ft from lowest grade Wall Signs 1 per 4 sf Not above External n/a -Permit required (permanent) property building height -Cannot protrude more than 2" from wall of structure A. Architectural signs. The following standards apply to permanent architectural signs on residential properties (see Figure 17. 75.100.1 ). Figure 17.75.100.1 1. Permit required. 2. Maximum Number. One sign per decorative, fence, or retaining wall for developments of 6 units or more. The purpose of this limitation is to ensure that signs can be erected at all entrances to a development so as to be visible to vehicles arriving at the property. 3. Maximum Area. Not applicable. 4. Maximum Height. Signs shall not project above the wall on which they are placed. 01203.0005/740691.l EQG 36 B-40 5. Maximum width. Sign lettering shall not cover more than 75% of the width of the wall. 6. Illumination. May be internally or externally illuminated consistent with Section 17.75.080.C. 7. Lettering height: Minimum 6"; Maximum 12". 8. Must not project more than 8" from wall. B. Flags. The following standards apply to flags on residential properties (see Figure 17.75.100.2). Figure 17. 75.100.2 FLAG 1. No permit required. 2. Maximum Area. Individual flags shall not exceed 15 square feet; total flag area per property shall not exceed 30 square feet per property. 3. Maximum Height. Maximum 12 feet from highest point of the pole to finished grade. 4. Illumination. May be externally illuminated consistent with Section 17.75.080.C. 5. Setback: 5 feet from property line; flag or flag pole shall not cross over the property line. 6. A flag shall be securely attached to a flag pole. 01203.0005/740691.1 EQG 37 B-41 C. Freestanding signs. The following standards apply to permanent freestanding signs (ground-mounted directory signs and monument signs) on all residential properties (see Figures 17.75.100.3 and 17.75.100.4). Figure 17. 75.100.4 ----7 GROUND MOUNTED DIRECTORY SIGN SIGN TEXT I I I L Figure 17.75.100.4 U E T SlG 1. Permit required. 2. Maximum Number. 1 per entrance. 3. Maximum Sign Area. 40 square feet. 4. Maximum Structure Height. 10 feet. 5. Maximum Width. 6 feet, including structure. Sign structures larger than 4 square feet or taller than 3 feet shall include a sign base with an aggregate width of at least 40% of the width of the sign face. 6. Setback. Minimum 5 feet from a property line; the setback may be increased to ensure safe motorist visibility. 7. Only permitted for subdivisions of 60 or more units. 01203.0005/740691.l EQG 38 B-42 8. Illumination. Internally or externally illuminated consistent with Section 17.75.080.C . D. Subdivision and Construction Signs, Temporary. The following standards apply to temporary subdivision or construction signs on residential properties (see Figure 17.75.100.5) Figure 17.75.100. 5 . . - CONSTRUCTION SIGN . 555-5555 . ~ ........,, c -b 1. Permit required. 2. Maximum number: 1 sign per 15 units. 3. Limited to housing developments of 6 or more units . 4. Maximum Area. 20 square feet per 15 units. 5. Illumination. External. 6. Setback. 5 feet from property line. 7. Time limitation: 12 months (may be renewed). 01203.0005/740691.I EQG 39 B-43 E. Wall signs . The following standards apply to permanent wall signs (see Figure 17. 75.100.6). Figure 17.75.100 .6 ADD G RAPHIC 1. No permit required. 2. Maximum Number. 1 per property. 3. Maximum Area. 4 square feet. 4. Maximum Height. Sign is not to be displayed above top of the structures . 5. Illumination. Limited, external, and away from other properties. 6. Projection. Maximum 2 inches from building surface. F. Yard signs. The following standards apply to yard signs on residential properties (see Figures ·17.75.100.7, 17.75.100.8, and 17.75.100.9). A permit is not required. Figure 17.75.100.7 01203.0005/740691.l EQG YARD SIGN 40 B-44 Figure 17.75.100.8 Figure 17.75.100.9 1. No permit required. YARD SIGN YARD SIGN V V 2. Maximum number: 3 per property. 3. Maximum Area: 5 square feet per sign. 4. Maximum Height. Inverted L signs: 5 feet measured from lowest grade. All other yard signs: 3 feet measured from lowest grade. 5. Illumination. Not allowed. 6. Setback: No part of the sign shall encroach upon or hang over a public walkway or trail, but in no event shall any part of the sign structure be placed less than 2 feet from any vehicular travel lane, including overhang. 17.75.110 Signs on Public Property. Signs in or on any public property are prohibited, except for temporary signs as follows: A. Only A-frame signs are permitted. 01203.0005/740691.l EQG 41 B-45 B. Signs may be placed in parkways only, which shall not include street medians. In the absence of parkways, signs may be placed on unimproved public property, provided the signs do not obstruct passage of pedestrians or vehicles, and do not interfere with traffic visibility, and are a minimum of 2 feet from vehicular travel lanes. Signs placed on public property in violation of this subsection are subject to immediate removal. C. Signs shall be no taller than 36" from grade. D. Individual sign faces shall not be larger than 5 square feet. E. No flags, balloons, pennants or any other attachments are permitted. F. Signs must not block ingress or egress to any driveway or doorway, and must not be placed so as to block or impair motorists' view. G. Signs may be placed between 11 :00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends and holidays. All signs shall be removed by 6:00 p.m. each day. H. No signs that advertise the availability of any products, goods, or services may be placed in the public right-of-way without execution of a release of liability and indemnity agreement with the City, and proof of adequate insurance. This requirement shall be renewed annually. 17.75.120 Murals A. Applicability. The provisions relating to murals shall not be interpreted to violate the federal Visual Artists Rights Act, codified as 17 U.S.C. § 106A, or the California Art Preservation Act, codified as Civil Code§ 987 et seq. B. General Requirements. 1. The general requirements for signs articulated in Section 17. 75.080 do not apply to murals. 2. The placement if a mural on commercial premises will not be applied to the sign area allotment for those premises. 3. The property owner is responsible for compliance with these provisions. 4. Murals may be painted on, tiled, or affixed to a building. 5. Murals may not depict obscene or defamatory content. 6. Murals may not contain commercial messages; this prohibition shall include, but not be limited to, advertising for goods or services, corporate logos, sponsorship logos, the name and/or symbol of a recognizable entity, copyright, or trademark information related to a business or commercial enterprise of any kind, as well as artistic depictions of the business, goods, or services being provided on the premises. 7. Murals must comply with the following construction and placement requirements: 01203.0005/740691.l EQG 42 B-46 a. The colors, construction materials and mediums to be used for the mural should be compatible with the architectural style of adjacent buildings and structures. This requirement is not intended to limit or dictate the content and/or message of the mural. b. Murals must be permanently affixed to the structure or building, and must be constructed of a permanent material or medium to be durable against graffiti, vandalism, fading, and weather. To this end, the material or medium to be used for construction of the mural shall be approved, prior to commencement of the mural, by the Director as constituting such permanent and durable nature. 8. Murals must be maintained in a safe, neat, and orderly manner. 9. No mural may consist of, or contain, electrical or mechanical components, or changing images; provided that, static illumination turned off and back on not more than once every 24 hours is permitted. 10. Murals may not contain fluorescent colors (i.e., colors that are strikingly bright, vivid, or glowing). 11. No part of a mural shall exceed the height of the structure on which it is placed. 12. No part of a mural shall extend more than 6 inches from the plane of the wall upon which it is placed. 13. No mural shall be placed so as to interfere with ingress or egress from any structure, or in any way obstruct doors, windows, doors, vents or any other similar building element that would threaten the public health and safety. 14. No mural shall be arranged and illuminated in a manner that will produce a light intensity of greater than three footcandles above ambient lighting, as measured at the property line of the nearest residentially zoned property. Illumination must be directed so that it only illuminates the mural and does not spill over into residential properties. 16. Murals on properties in specific plans and overlay districts shall, in addition to the requirements of this Chapter, meet any specific design requirements for murals set forth in the ordinance(s) establishing the specific plan or overlay district. 17. Murals that would result in a property becoming out of compliance with the provisions of the City's Municipal Code or any land use conditions of approval for the property on which a mural is to be located, are prohibited. 17.75.130 Prohibited Signs . The following signs and/or sign structures, temporary or permanent, are prohibited: A. Off-premises signs, except as may be provided in Section 17. 75.110 (Signs on Public Property). The on-premises/off-premises distinction only applies to commercial copy. 01203.0005/740691.l EQG 43 B-47 B. Signs on public property, including street signs and utility poles, except as may be provided in Section 17.75.110 (Signs on Public Property). C. Signs or sign structures which by color, wording, or location resemble or conflict with traffic control signs or devices. D. Signs which obstruct vehicular views of pedestrians or other vehicles or pedestrian views of vehicles, so as to affect the safety of the public. E. Human signs. F. Rotating, moving , scintillating, blinking or flashing illumination signs, except for randomly blinking Tivoli lights. Any sign which rotates, moves, scintillates, blinks or flashes, shall be deactivated within 60 days from the effective date of this chapter, without compensation. G. Commercial advertising statuary or holograms. H. Airborne signs. I. Air dancers . J. Billboards. K. Mobile billboard advertising displays, and advertising signs on motor vehicles parked or left standing upon a public street. L. Signs on hillsides. Signs of any kind, including those created by the arrangement of vegetation, rocks or other objects on a hillside, which are visible from a public right- of-way or a neighboring property. M. Feather signs. N. Roof signs . 0. Obscene messages or graphic representations. 17.75.140 Removal Without Compensation; Legal Nonconforming Signs. A The city may require removal, without compensation, of the following signs: 1. Any sign installed without first complying with all ordinances and regulations in effect at the time of its construction and erection or use. 2. Any sign found posted, or otherwise affixed upon any public property contrary to the provisions of this chapter. Such signs shall be immediately removed by the city. B. Legal nonconforming signs. 1. Legal nonconforming signs shall be removed without compensation if the sign meets any of the following criteria: 01203 .0005/740691.1 EQG 44 B-48 a. Any sign, including its supporting structure, whose use has ceased, or has been abandoned by its owner, for a period of not less than 90 days. Costs incurred in removing an abandoned sign shall be charged to the property owner. b. Any sign which has been more than 50% destroyed, and the destruction is other than facial copy replacement. c. Any sign that has been moved from its original location on the property, or any sign that has been enlarged by more than 5% sign area or whose height has been increased by 5% without the required approvals. d. Any temporary sign which is beyond the time limits set within this chapter for its category of temporary sign. e. Any sign which, in the determination of the City's building official, is or may become a danger to the public or which is unsafe. f. Any sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City or of Los Angeles County. 2. Legal nonconforming signs must be maintained in accordance with Section 17.75.080(F). 3. Reconstruction of a legal nonconforming sign where 30% or more of the sign structure is replaced must be brought into full compliance with this chapter. 17.75.150 Abatement. Signs which may be removed without compensation shall be abated pursuant to the following process: A. Director's Order. The Director shall issue a written order of abatement, and give notice thereof. B. Notice. Upon issuance of an order, the Director must forthwith give written notice of the Order by depositing a copy of the order with the United States Postal Service, addressed to the owner of the business and to the owner of the property to which the order relates. Alternatively, the Director may have such person(s) served personally with copies of the order. 1 . The order must contain a description of the property affected, the names of the owners and/or persons in possession thereof, the basis for the order, and the time within which the usage must terminate. 2. The order is deemed final 30 days after the date of the notice, unless an appeal is filed. C. The sign that is the subject of the order must be removed within the time specified in the order, which may not exceed 60 days from the date the order is placed in the U.S. mail. D. If the sign is not removed within the time provided for by the order, the Director will arrange for its removal, and the owner or person(s) responsible for the sign shall bear 01203.0005/740691.l EQG 45 B-49 the cost of the sign's removal. The owner of the business and the owner of the property may be jointly and severally responsible for the cost of abatement. E. Appeal. 1. The owner of property, or the owner of the business, to which an order relates may appeal the order, either in propria persona or through his or her authorized agent. The appeal must be in writing, and must articulate the grounds upon which the order is being appealed . The appeal must be filed before the order becomes final, and shall include an appeal fee as set by city council resolution . 2. The appeal shall be set for a de nova hearing before the Commission, and notice of the hearing shall be provided as specified below. 3. At the hearing, the Commission shall hear evidence to determine whether the sign falls within a category of signs that can be removed without compensation in accordance with Section 17.75.140 (Removal Without Compensation; Legal Noncomforming Signs), and any other matter the Commission deems relevant for a just resolution. The Commission may hear any and all matters that it deems relevant, and is not be bound by rules of admissibility of evidence. The Commission may hear relevant hearsay evidence, but may not base its findings and decisions on hearsay evidence alone. 5. The Commission must make a decision at the conclusion of the hearing, which shall be the effective date of the decision. The decision of the commission is deemed final 10 days after the effective date, unless a timely appeal is made to the city council. 6. Notice. Upon a decision by the Commission either affirming or vacating an order, the secretary of the Commission shall forthwith give written notice of the same. The notice shall contain a description of the property affected, the names of the owners of the property and/or the business affected, the basis for the decision reached, and a timeline for removal of the sign. The notice of such decision must be given in the same manner as set forth in Subsection B, above. 7. Mobile billboards. Pursuant to the authority set forth in California Vehicle Code Section 22651, a mobile billboard advertising display may be removed by any police officer when left parked or standing in violation of this ordinance, if the registered owner of the vehicle was previously issued a warning citation for violation of this section, advising the registered owner that he or she may be subject to penalties upon a subsequent violation of this section, that may include removal of the vehicle . Alternatively, a mobile billboard advertising display may be removed without prior issuance of a warning citation, if the City has posted signs in accordance with California Vehicle Code Section 22507(a), giving notice that it is unlawful to park, stand or otherwise allow to remain upon any city street, any mobile billboard advertising display. 11. 7 5.160 Definitions Building fac;ade. Any exterior elevation of a building . 01203 0005/740691.J EQG 46 B-50 Business frontage. The width of a building occupied by a single business tenant that fronts on a public way where customer access to the building is available. Width is measured as the widest point on an architectural elevation. Changeable copy. Sign copy designed to be used with removable graphics or letters which will allow changing of copy. Corporate sign standards. Standards for logo or sign design approved by a corporation. Dilapidated. In a state of disrepair or ruin as a result of age or neglect. Director. The Director of the Community Development Department of the City, including his or her designee. Illegal sign. A sign that includes any of the following: (a) A sign installed without complying with all regulations in effect at the time of its construction or use; (b) A sign installed or maintained contrary to any applicable provision of this chapter. (c) A sign which is a danger to the public or is structurally unsafe; or (d) A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City. Illuminated. Signs or individual letters in which an artificial source of light is used to make the message readable and includes both internally and externally lit signs. Externally illuminated. A sign whose light source is external to the sign and which casts its light onto the sign from a distance; or where the light source is behind an opaque sign element and causes it to be outlined by light reflected from the surface to which the sign is mounted. Internally illuminated. A sign whose light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting are not considered internally illuminated signs for the purposes of this chapter. Intersection visibility triangle. See Section 17.48.070. Internally illuminated sign. A sign with a light source located in the interior of the sign so the light shines through the face of the sign, or with a light source which is attached to the face of the sign and is perceived as a design element of the sign. Mural. An original work of visual art which is composed, created or produced firsthand, and that is painted directly upon, tiled, or affixed directly to an exterior wall of a structure with the permission of the property owner. A mural is distinguishable from graffiti based on the property owner's permission to paint or affix the mural onto the property, and compliance with the permit provisions of this chapter. Nonconforming sign. Any permanent or temporary sign, including its physical structure and supporting elements, which was lawfully erected and maintained in compliance with all applicable laws in effect at the time of original installation, but which does not now comply with the provisions of this chapter. 01203.0005/740691.l EQG 47 B-51 Obscene speech. A message or graphic representation that is obscene, as that term is defined in Section 311 of the California Penal Code. Off-premises sign. A sign identifying a business activity, property, services, or product at some location other than where the sign is displayed, including human signs and hand-held commercial signs. On-premises sign. A sign identifying a business activity, property, services, or product provided at the location where the sign is located. Any sign displaying noncommercial copy shall be considered an on-premises sign. Neon lighting. Any sign illuminated by or utilizing in any way tubes filled with neon and/or related inert gases, or products that produce the same or similar effect as neon, such as flexible light-emitting diode (LED) neon-like tubing. Permanent sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises. Placed. Erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, affixed or made visible in any manner. Public area. An area that is accessible or visible to any member of the public. Public right-of-way. A public street, plaza, courtyard, pedestrian corridor or walkway, city- owned parking lot, or alley. Review authority. The individual or official City body identified by this chapter as having the responsibility and authority to review, and approve or deny, a permit application. Sign. Any physical form of visual communication, including its structure and component parts, which is exposed to exterior view to attract attention to or provide information about the subject matter or premises, through use of any combination of words, letters, figures, or symbols. (See below for sign types.) Sign area. The surface space containing words, letters, figures or symbols, together with any frame or material forming an integral part of the display but excluding support structures, the face of the building, and incidental parts not drawing attention to the subject matter. Where freestanding or projecting signs have two sides or faces, but only one face is visible from any point, the surface area of only one side shall be applied to the total sign area permitted. Sign copy. All portions of a sign displaying a message, including text and symbols, not including the supporting structure or base of a sign. Sign height. The vertical distance from the uppermost point used in measuring the area of a sign to the normal grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest. Sign Program. A coordinated design plan of one or more signs for an individual business, a multi-tenant business center, or other site that specifies the number, size, description, and location of all signs located or to be located on the parcel or business site. 01203.0005/740691. l EQG 48 B-52 Sign width. The measurement of a sign or base of a sign at its full extent from side to side, measured at the widest point. Sign types. Abandoned sign. Any lawfully erected sign that, for a period of 90 days or more, no longer advertises or identifies an ongoing business, activity, product, service, or other use available on the premise where the sign is located. A-frame sign. A freestanding portable sign ordinarily in the shape of an "A" or some variation thereof, which is readily moveable and not permanently attached to the ground or any structure; also, a sandwich board sign. Airborne sign. A sign that is tethered by free-floating, such as a balloon sign, inflatable sign, and/or kite. Air dancer. A tall, inflatable model, usually of a person or animal, that appears to move around due to the flow of air through it; also known as tube man, fly guy, sky dancer, or wacky waving inflatable arm flailing tube man. Animated or moving sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement. Architectural sign. A sign placed on a retaining, fence/perimeter, or decorative wall, usually raceway mounted or with individual letters affixed to the structure. Architectural signs are not affixed to buildings. Awning or canopy sign. Any sign that is painted or applied to the face, valance, or side panel of a projecting structure consisting of a frame and a material covering, attached to and wholly supported by a building wall and installed over and partially in front of doors, windows, or other openings in a building. Balloon or balloon sign. Any inflated or inflatable object, with or without copy. Banner. A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. Barber pole. A rotating or stationary cylindrical pole of the traditional red, white, and blue spiral striped design, identifying the premises as a barber shop. Billboard. An off-premises sign designed for changeable advertising copy, which is normally used for the advertisement of goods, products, or services. Bus bench sign. A temporary message located on the backrest of a City bus bench. Business information sign. Signs which provide business information including, but not limiting to credit card acceptance, business hours, open/closed, or menus. Changeable copy sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature. Community information bulletin board. A board or similar posting area installed and maintained by the City for the posting of community information. 01203.0005/740691.1 EQG 49 B-53 Construction sign. See definition of subdivision sign, below. Directory sign. A pedestrian oriented sign used to provide a directory of tenant locations within a multi-tenant building(s). Double-sided sign: A sign constructed to display its message on the outer surfaces of two parallel planes. Electronic readerboard. A sign that contains a video screen, rows of light bulbs or LEDs or other type of electronic display, which when activated forms messages, symbols, or graphics. Feather sign. A temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material and supported by a single vertical pole mounted into the ground or on a portable structure. Flag. A fabric sheet of square, rectangular, or triangular shape that is mounted on a pole, freestanding or attached to a structure or building. This sign type includes official flags of national, state, or local governments. This sign type does not include feather signs. Flashing sign. A sign that contains an intermittent or sequential flashing light source. Freestanding sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework or device erected primarily to support the sign. Includes monument signs and ground mounted directory signs. Does not include pole signs. H-frame sign. A freestanding portable sign ordinarily in the shape of a sideways "H" or some variation thereof, which is readily moveable and not permanently attached to the ground or any structure. Human sign. Any sign or costume held or worn by an individual for the purpose of advertising a business, goods, or services. Inflatable sign. A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure and equipped with a portable blower motor that provides a constant flow of air into the device. Mobile billboard advertising display. As defined in Section 395.5 of the Vehicle Code, including any amendments or successor statutes thereto. Mobile billboards do not include: (1) Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle. (2) If the license plate frame is installed in compliance with Vehicle Code Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame. "Permanently affixed" means any of the following: (i) Painted directly on the body of a motor vehicle. (ii) Applied as a decal on the body of a motor vehicle. (iii) Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Vehicle Code Section 672 and licensed pursuant to Vehicle Code Section 11701, in 01203.0005/740691.l EQG 50 B-54 compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign. Monument sign. An independent, freestanding sign supported on the ground having a solid base. Parking lot sign. A sign placed or displayed in parking lots to supply information to people using such lots, including information with respect to liability as well as entry, exit, and directional information, handicapped parking requirements, and other information to facilitate the safe movement of vehicles served by the parking area. Pennant. A triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands, or supported on small poles, intended to flap in the wind. People sign. A person, live or simulated, who is attired or decorated with insignia, images, costumes, masks, or other symbols that display commercial messages with the purpose of drawing attention to or advertising for an on- premises activity. Such person may or may not be holding a sign. Also known as human mascots, sign spinner, or walking signs. Permanent vehicle sign. A sign that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle. Pole sign. An elevated freestanding sign, typically supported by one or two poles or columns. Portable sign. A sign that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground, including but not limited to A-frame and H-frame signs. Portable signs do not include pole or wooden post signs (see Yard sign). Projecting sign. A sign projecting from and supported by a wall or building with the display surface of the sign perpendicular to the wall or building. Public property. Public property means and includes the public right-of-way, and any property that is owned or controlled by the City or by any other government agency or district, or private and public utilities. Public property includes City Hall and the Civic Center, parks, utility poles, lines, and infrastructure, street trees, traffic control devices, and privately or publicly owned signs. Roof sign. A sign constructed upon or over a roof or placed so that any portion of the sign extends above the edge of the roof. Subdivision or construction sign. A temporary sign placed at a construction site that provides information regarding the project architect, owner, contractors, etc. 01203 .0005/740691.l EQG 51 B-55 Suspended sign. A sign that is suspended from the underside of an eave, canopy, awning, arcade, or other covered walkway. Wall sign. A sign attached to or painted on the exterior wall of a building with the display surface of the sign approximately parallel to the building. Wall signs include directories mounted to the walls of a building. Window sign. A temporary or permanent sign placed on or behind a window facing a public way. Window signs do not include common wall windows on the inside of a building not visible by the general public from any public right-of-way or any public area. Yard sign. Any temporary sign placed in the ground or attached to a supporting structure, posts, or poles, that is not attached to any building, not including banners. Subdivision housing development. A housing development entitled pursuant to the California Subdivision Map Act. Street frontage. The portion of the building or property which faces or abuts a street(s). Support structure. The structural portion of a sign securing the sign to the ground, a building, or to another structure. Temporary sign. A sign constructed of paper, cloth, or similar expendable material, which is intended for a definite and limited period of display, and which is not permanently affixed to a structure, sign area, or window. Window area. The area within the perimeter window frames and glass doors located on a business frontage or street frontage." SECTION 4. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will provide guidance regarding permitted signage in the City. SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City 01203.0005/740691. l EQG 52 B-56 Council by Government Code section 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code section 36933 in a newspaper of general circulation which is hereby designated for that purpose. SECTION 7. Effective Date. This Ordinance shall go into effect on the 31 st day after its passage. PASSED, APPROVED AND ADOPTED this __ day of __ , 2021 . Eric Alegria, Mayor Attest: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, TERESA TAKAOKA, 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. ___ passed first reading on _____ , 2021, was duly adopted by the City Council of said City at a regular meeting thereof held on ___ _ 2021, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN : Teresa Takaoka, City Clerk 01203 0005/740691.1 EQG 53 B-57 October 12, 2021 Marina Simes 22 Sea Cove Dr. Rancho Palos Verdes, CA 90275 ANCHO PALOS VERDES Code Enforcement Department CORRECTED COURTESY NOTICE CASE ID# CPM2021-0124 RE: RPVMC §17.76.030(C)(1)(a) Fences, walls and hedges located within the front yard setback and §8.24.060(A)(1) Inadequately Maintained Landscape Dear Property Owner(s): The Code Enforcement Division of the Community Development Department previously mailed a courtesy notice with photos containing a neighboring property foliage blocking city signage. My apologies for the error. I have adjusted the error with the necessary corrections and attached the correct photos of your foliage also blocking city signage. A follow-up inspection was conducted on October 12, 2021, and confirmed the foliage located in your front yard setback exceed the maximum forty-two inches in height, requires landscape maintenance, and impedes visibility of City parking signage and the public right-of-way (street). Please see attached photos and directives for corrective action below. This notice serves as a corrected courtesy notice advising you of the violation(s) observed : Pursuant to RPVMC §17.76.030(C)(a), Fences, walls, and hedges located within the front yard setback area shall meet the following standards: Up to 42 inches in height shall be permitted. RPVMC §8.24.060(A)(1 }, Inadequately maintained landscaping visible from the public right-of-way or adjoining property, which shall include an unsightly appearance due to lack of trimming, treatment, or similar maintenance. Vegetation that interferes with or impedes the flow of traffic, whether vehicular or pedestrian, or obstructs visibility on streets, intersections, sidewalks, or other public rights-of-way. As such, the following actions will be necessary to bring your property into compliance : • Trim foliage so that it does not impair the visibility of City signage and the public right-of- way (street). • Trim and maintain landscaping in accordance with Rancho Palos Verdes Municipal Codes. 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES, CA 90275-5391 PLANNING: (310) 544-52871 BUILDING: (310) 544-5280 I DEPT. FAX: (310) 544-5293 MAIN CITY HALL: (310) 544-5200 11Page B-58 The City strives to gain voluntary compliance from property owners regarding code violations reported and confirmed on a property. A re-inspection of your property and review of this case will be conducted on October 20, 2021. If the violations on your property continue to exist, and no attempts are made to contact this office by the voluntary compliance date to resolve this matter, further code enforcement action will occur. City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department or division and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please contact me at if you need additional information regarding the nature of the violation or if you have questions regarding the contents of this notice. Sincerely, Gerri Whitten Code Enforcement Officer D: (310) 544-5299 E: gwhitten@rpvca .gov Encl: Inspection Photos Inspection Date: September 27, 2021, by Officer G. Whitten " ' I 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES, CA 90275-5391 PLANNING : (310) 544-52871 BUILDING : (310) 544-5280 I DEPT. FAX: (310) 544-5293 MAIN CITY HALL: (310) 544-5200 21Page B-59 Trim hedge/brush away from public right-of-way (street) and city signage. Sign must remain visible. Inspection Date: October 12, 2021, by Officer G. Whitten Trim foliage to prevent blocking signage. Red broken line represents suggested trim line. I will gladly meet with you to discuss this matter and assist where the violation is present and recommend corrective action. 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES, CA 90275-5391 PLANNING : (310) 544-52871 BUILDING : (310) 544-5280 I DEPT. FAX: (310) 544-5293 MAIN CITY HALL: (310) 544-5200 31Page B-60