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CC SR 20240702 02 - Multiple Application and Sign Code Updates PUBLIC HEARING Date: July 2, 2024 Subject: Consideration and possible action to amend Chapter 17.78 (Miscellaneous) and Chapter 17.75 (Sign Code) in Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to prohibit the submittal of multiple applications for conflicting projects on the same property, and to allow for the remodeling and/or reconstruction of existing legal non-conforming freestanding monument, directory and pole signs (Case Nos. PLCA2024-0006 and PLCA2024-0005, respectively). Recommendation: (1) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.78.030 (CONSIDERATION OF MULTIPLE APPLICATIONS) OF CHAPTER 17.78 (MISCELLANEOUS) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE SUBMITTAL OF CONCURRENT OR SIMULTANEOUS PRELIMINARY APPLICATIONS AND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY EXCLUSIVE AND CONFLICTING PROJECTS AT THE SAME LOCATION, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALIT Y ACT (CASE NO. PLCA2024-0006) (2) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.75.140.B (LEGAL NONCONFORMING SIGNS) OF CHAPTER 17.75 (SIGN CODE) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ALLOW FOR THE REMODELING AND/OR RECONSTRUCTION OF EXISTING LEGAL NON-CONFORMING FREESTANDING MONUMENT AND DIRECTORY SIGNS, AND POLE SIGNS, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CASE NO. PLCA2024-0005). 1. Report of Notice Given: City Clerk 2. Declare Public Hearing Open: Mayor Cruikshank 3. Request for Staff Report: Mayor Cruikshank 4. Staff Report & Recommendation: Brandy Forbes, AICP, Director of Community Development 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 speakers who intend to speak. 7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Cruikshank 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. 01203.0005/992407.1 CITY COUNCIL MEETING DATE: 07/02/2024 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action to amend Chapter 17.78 (Miscellaneous) and Chapter 17.75 (Sign Code) in Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to prohibit the submittal of multiple applications for conflicting projects on the same property, and to allow for the remodeling and/or reconstruction of existing legal non -conforming freestanding monument, directory and pole signs (Case Nos. PLCA2024-0006 and PLCA2024-0005, respectively). RECOMMENDED COUNCIL ACTION: (1) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.78.030 (CONSIDERATION OF MULTIPLE APPLICATIONS) OF CHAPTER 17.78 (MISCELLANEOUS) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE SUBMITTAL OF CONCURRENT OR SIMULTANEOUS PRELIMINARY APPLICATIONS AND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY EXCLUSIVE AND CONFLICTING PROJECTS AT THE SAME LOCATION, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CASE NO. PLCA2024- 0006) (2) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.75.140.B (LEGAL NONCONFORMING SIGNS) OF CHAPTER 17.75 (SIGN CODE) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ALLOW FOR THE REMODELING AND/OR RECONSTRUCTION OF EXISTING LEGAL NON-CONFORMING FREESTANDING MONUMENT AND DIRECTORY SIGNS, AND POLE SIGNS, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CASE NO. PLCA2024-0005). FISCAL IMPACT: NONE Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Amy Seeraty, Senior Planner 1 01203.0005/992407.1 REVIEWED BY: Brandy Forbes, AICP, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance No. __ (Multiple Applications) (page A-1) B. Draft Ordinance No. __ (Legal Nonconforming Signs) (page B-1) C. P.C. Resolution No. 2024-19 (page C-1) D. P.C. Resolution No. 2024-20 (page D-1) E. June 11, 2024 Planning Commission Report BACKGROUND: From time-to-time, the Rancho Palos Verdes Municipal Code (RPVMC) warrants code amendments to reflect current conditions, trends or to correct loopholes and/or code inconsistencies. Unlike other chapters in the RPVMC, code amendments proposed to the City’s Zoning Code (Chapter 17) requires that the City Council first initiate the code amendment proceedings followed by public hearings conducted by the Planning Commission, which then forwards a recommendation to the City Council for consideration at a duly noticed public hearing. On May 21, 2024, the City Council initiated code amendment proceedings to update the Zoning Code as it pertains to the submittal of multiple development applications on the same property and the remodeling/reconstruction of existing legal nonconforming signs. After the code amendment initiation, Staff worked with the Planning Commission’s Zoning Code Subcommittee, which consists of Chair Chura, and Commissioners Nulman and Saadatnejadi to develop a working draft of the section of the Sign Code regarding legal nonconforming signs. Please note that Commissioner Saadatnejadi was not available to participate in the subcommittee discussions regarding this code amendment. This draft code was then presented to the entire Planning Commission on June 11, 2024, which also included consideration of draft code for the amendments to Chapter 17.78 regarding multiple development applications on the same property. Accordingly, after considering all testimony, the Planning Commission adopted P.C. Resolution No. 2024-19 (Attachment C), and P.C. Resolution No. 2024-20 (Attachment D), recommending that the City Council adopt ordinances to amend Chapter 17.78 (Miscellaneous) to prohibit the submittal of concurrent or simultaneous preliminary applications and/or development applications for mutually exclusive projects at the same location, with staff to ensure specificity in the language to address the issue, and to amend Chapter 17.75 (Sign Code) to allow for the remodeling and/or reconstruction of existing legal non-conforming freestanding monument and directory signs, and pole signs, respectively. 2 01203.0005/992407.1 On June 13, 2024, notice of the proposed update s to Chapters 17.78 and 17.75 of the Zoning Code was published in the Palos Verdes Peninsula News announcing Code Amendment proceedings to be heard by the City Council on July 2, 2024. As of the date of distribution of this report, no written comments have been received. The City Council is now being asked to review the draft ordinance s and, if deemed acceptable, introduce the ordinances (with or without modifications) this evening, with a second reading adoption consideration at the July 16, 2024 City Council meeting as a Consent Calendar item. DISCUSSION: Multiple Applications RPVMC §17.78.030 The RPVMC requires that when more than one permit or approval is necessary for a single development project or use on the same site, the applications shall be submitted simultaneously and processed concurrently. It has come Staff’s attention that there are no clarifications for how to address multiple SB 330 preliminary applications and/or multiple applications for the same type of entitlement for different projects on the same site at a given time, when such applications are for projects that are mutually exclusive. For example, an application for a single-family dwelling and a multi-family dwelling on the same parcel where construction of one of the projects would physically conflict with the construction of the other project. Due to the tight review requirements of the State’s permit streamlining act in reviewing land use approvals, if an applicant submits multiple applications for alternative projects on the same site to be reviewed at the same time, this may cause confusion d uring the reviews and burden the workload of Planning Division Staff in having to review multiple proposals/projects for the same site with the expedited 30-day completeness review deadline. Certainly, there may be circumstances where an applicant may submit a proposal and then subsequently revise the application based on discussions with Staff and logistics of development. Due to the linear review of that application, that would be considered the same project with revisions with the same application number. The RPVMC amendments being considered would not apply in that circumstance. Rather the RPVMC amendments would apply to multiple projects with different details (i.e., number of dwelling units, height, massing, setbacks, parking) that physically conflict with each other, where each of those projects would warrant its own separate application and review. Specifically, RPVMC §17.78.030 Consideration of multiple applications currently reads as follows: A. When more than one permit, variance or other approval under title 16 (Subdivisions) and this title is necessary for a single development project or use, the applicant shall submit all the applications simultaneously and the applications shall be processed concurrently. Further, all the applications 3 01203.0005/992407.1 may be considered by a single officer or agency of the city pursuant to this section. In order to prevent unnecessary duplicative work, Staff presented the following proposed Code Amendment to the Planning Commission that would add subsection “B” to this section as follows: B. Notwithstanding subsection A, above, an applicant shall not submit concurrent or simultaneous preliminary applications, pursuant to Government Code Section 65913.4, as may be amended, or concurrent or simultaneous applications for development projects, for the same property or portion of a property, which are mutually exclusive, where development of one project pursuant to an application will foreclose development of another project at the same or overlapping location pursuant to a separate application. At its June 11, 2024 meeting, the Planning Commission expressed that the code amendment could be clarified to avoid the possible issue of one property owner with multiple corporations submitting multiple applications as different applicants. The Planning Commission directed Staff to add “or applicants” after “…an applicant…”, to address this concern. Staff also worked with the City Attorney’s Office to further clarify the proposed code amendments in accordance with the Planning Commission’s intent. The updated version of the proposed code amendments is as follows, with the proposed deletions shown as strikeout text and the new text shown as bolded and underlined text: B. Notwithstanding subsection A, above, an applicant or applicants shall not submit concurrent or simultaneous multiple preliminary applications, pursuant to Government Code Section 65913.4, as may be amended, or concurrent or simultaneous multiple applications, for development projects, for the same property, or portion of a property, which are mutually exclusive, where development of one project pursuant to an application will foreclose development of another project conflict with one another, such that the approval of one project would preclude the development of all or part of the projects proposed in the other submitted preliminary applications or applications. It is important to address this issue, as there is an immediate need for this added stipulation in the procedures of the RPVMC to ensure that there is not duplicative work being completed when an applicant has not determined which project they want to pursue. With the added deadline requirements instituted by the State, the proposed Code Amendment will eliminate confusion and prevent Staff from being overburdened when required to review several projects for the same site at the same time. Sign Code – Legal Nonconforming Signs RPVMC §17.75.140.B On November 16, 2021, the City Council approved a comprehensive update of the City’s Sign Code (Chapter 17.75 of the RPVMC). This update included regulations for both 4 01203.0005/992407.1 commercial and noncommercial (residential) signs. These regulations were intended to promote the public health, safety, and welfare and balance the City's interests in aesthetics and traffic safety, with the interest of nonresidential uses and their patrons to provide visible information relating to the services or goods provided. On April 9, 2024, the Planning Commission approved a Sign Program for the shopping center known as “Western Plaza” located at 29105 -29229 S. Western Avenue. This project initially included a Variance request to allow three legal nonconforming freestanding directory and monument signs and one legal nonconforming pole sign on the project site to be remodeled. These freestanding and pole signs exceed the maximum allowed height and/or square footage allowed for these types of signs, and also are located within the required 5-foot setback from the public right-of-way. However, based on further review of the project information, including jurisdictional and design considerations for these signs, the proposal to remodel the freestanding and pole signs was not included in the approved Sign Program. It was determined that the Variance section of the RPVMC cannot be utilized to accommodate the remodeling of legal nonconforming signage because the Sign Code is a stand-alone ordinance that is subject to the First Amendment. As such, another method that was investigated by which to consider the remodeling of existing legal nonconforming signs included code amendment proceedings. In coordination with the City Attorney’s Office , Staff reviewed other signs along Western Avenue in accordance with the City’s Sign Code and observed several other legal nonconforming signs. As a result of this observation, Staff determined that it may be difficult for businesses with legal nonconforming freestanding signs to remodel onsite signs and still adhere to the current freestanding and pole sign requirements, both of which include a maximum height of six feet and a maximum area of 40 ft 2. Staff believes that the proposed Code Amendment is needed to allow comme rcial businesses in the City, including those along the Western Avenue corridor, the ability to refurbish dilapidated signs, which may not meet current sign code requirements related to setbacks, height, length and width of various types of existing, legal nonconforming wall signs, freestanding signs, and hanging signs, etc. Specifically, RPVMC §17.75.140.B.3 currently states: 3. Reconstruction of a legal nonconforming sign where 30 percent or more of the sign structure is replaced must be brought into full compliance with this chapter. However, depending on the age and/or condition of the sign, it may be impossible for an applicant to maintain more than 70% of the original sign structure. While the code amendment was initiated because of the freestanding monument sign issue at Western Plaza described above, an updated nonconforming Sign Code section could also be helpful to property and business owners trying to update/modernize other types of signs, such as wall signs and projecting signs. Given that the City wishes to facilitate the enhancing the City’s aesthetics as well as its businesses, including the Western Avenue commercial corridor, as mentioned above, Staff worked with both the Planning Commission’s Zoning Code Update Subcommittee and the City Attorney’s Office to develop a working draft of the nonconforming signs section of the Sign Code. These 5 01203.0005/992407.1 proposed changes to the above code section would allow the remodeling and/or reconstruction of existing legal nonconforming signs, including, but not limited to, freestanding monument signs, by amending subsection No. 3 listed above, and adding subsection No. 4 with additional text noted as bolded and underlined, and deletions as strikethrough: 3. Reconstruction of a legal nonconforming sign (other than a freestanding monument or directory sign, or pole sign) where 30 percent or more of the sign structure is replaced must be brought into full compliance with this chapter. 4. The remodel and/or reconstruction of an existing nonconforming freestanding monument or directory sign, or pole sign may be permitted provided that all of the following requirements are met: a. The remodeled and/or reconstructed sign and sign structure and framework shall maintain the same type of sign structure and framework. b. The sign structure and framework height shall not exceed the current height. c. The remodeled and/or reconstructed sign structure and framework shall be located in the same general location as the existing. d. The dimensions and square footage of a remodeled and/or reconstructed sign area shall not exceed that of the existing sign area. e. The lowest portion of the sign area shall not be below the existing. f. The remodeled and/or reconstructed sign and sign structure do not extend into the public right of way, from ground to sky. g. The remodeled and/or reconstructed sign and sign structure do not create a public health and safety hazard with regards to sightlines for driveways, intersections, etc. This shall be confirmed by consultation with the Public Works Department. At the June 11, 2024, Planning Commission meeting the Commission expressed concerns that a reconstructed or remodeled freestanding monument or directory sign, or pole sign could possibly utilize lighting that would adversely affect the adjacent residents and/or anyone driving by on S. Western Avenue. To address this concern, the Planning Commission recommended that an additional requirement be added to the proposed code language, which Staff drafted as follows: h. If the existing lighting on a legal nonconforming sign and/or sign structure changes, that lighting shall comply with the illumination regulations set forth in RPVMC §17.75.080(C). 6 01203.0005/992407.1 It should be noted that while the term legal nonconforming is used throughout this report for illustrative purposes, the term “nonconforming” as defined in the Sign Code in RPVMC §17.75.160 Definitions has the same meaning: Nonconforming sign means 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. Each amended or proposed legal nonconforming sign requirement s is listed below in bold, including specificity for clarification, with Staff’s explanation in regular text following each requirement: 3. Reconstruction of a legal nonconforming sign (other than a freestanding monument or directory sign, or pole sign) where 30 percent or more of the sign structure is replaced must be brought into full compliance with this chapter. This section has been modified to make it clear that the nonconforming sign requirements for other types of signs besides freestanding monument or directory signs, or pole signs, are not being modified. 4. The remodel and/or reconstruction of an existing nonconforming freestanding monument or directory sign, or pole sign may be permitted provided that all of the following requirements are met: Subsection No. 4 has been added as a heading for the following proposed requirements for legal, nonconforming freestanding monument or directory signs, or pole signs. a. The remodeled and/or reconstructed sign and sign structure and framework shall maintain the same type of sign structure and framework. This requirement will ensure that the silhouette of any remodeled or reconstructed sign will remain substantially similar to the existing nonconforming sign. This will prevent any new impacts to neighboring properties, as the refurbished or rebuilt sign will appear to be substantially the same as the existing sign, albeit in a better condition. As described in the Sign Code in RPVMC §17.75.160 Definitions, freestanding signs are defined to be 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. Pole signs are defined in the same Sign Code section as an elevated freestanding sign, typically supported by one or two poles or columns. 7 01203.0005/992407.1 b. The sign structure and framework height shall not exceed the existing non- conforming sign’s current height. This requirement will ensure that the silhouette of any remodeled or reconstructed sign will remain substantially similar to the existing nonconforming sign. This requirement is also intended to prevent any new impacts to neighboring properties, as the refurbished or rebuilt sign will appear to be the same as the existing sign, albeit in a better condition. c. The remodeled and/or reconstructed sign structure and framework shall be located in the same general location as the existing non-conforming sign, as determined by the Director. This requirement will ensure that any remodeled or reconstructed sign remains in approximately the same location as the existing sign. Staff is not proposing that the remodeled or reconstructed sign remain in the exact same footprint as the existing, as minor shifts to the location may be required in order for an existing legal nonconforming sign that may extend into the public right -of-way, to be relocated completely onto the private property. The Director shall determine what is considered to be the “same general location” to ensure only minor shifts in location. d. The dimensions and square footage of a remodeled and/or reconstructed sign area shall not exceed that of the existing non-conforming sign area. This requirement will allow a property owner to repair, refurbish and/or even replace a legal nonconforming dilapidated sign, while not allowing the existing dimensions and square footage to change, other than being reduced in size. This will prevent any new impacts to neighboring properties, as the refurbished or rebuilt sign will appear to be the same or smaller as the existing sign, albeit in a better condition. e. The lowest portion of the sign area shall not be below the low point of the existing non-conforming sign. This requirement will also ensure that the silhouette of the remodeled or reconstructed sign will remain substantially similar to the existing nonconforming sign. This will prevent any new impacts to neighboring properties, as the refurbished or rebuilt sign will appear to be substantially the same as the existing sign, albeit in a better condition. f. The remodeled and/or reconstructed sign and sign structure do not extend into the public right of way, from ground to sky. Some existing nonconforming signage on commercial properties may currently 8 01203.0005/992407.1 extend into the public right-of-way, over the sidewalk. This requirement is proposed so that if any existing signs that currently extend into the public right -of-way are proposed to be remodeled or replaced, they will be required to be modified so that they remain entirely within the private property on which they are located. g. The remodeled and/or reconstructed sign and sign structure do not create a public health and safety hazard with regards to sightlines for driveways, intersections, etc., as determined by the Public Works Director. It is possible that when a legal, nonconforming freestanding or pole sign is remodeled or refurbished, a more substantial foundation may be required to be constructed due to structural issues. It is also possible that a dilapidated freestanding or pole sign structure could be proposed to be reconstructed in a different style for aesthetic reasons. However, if the existing legal, nonconforming sign is close to an existing driveway, there could be potential impacts to the public health and safety with regards to pedestrian and vehicular safety. Staff is proposing this requirement, including the consultation with the Public Works Department, to allow a sign to be improved and/or reconstructed with no impacts to pedestrian and vehicular safety. h. If the existing lighting on a legal nonconforming sign and/or sign structure changes, that lighting shall comply with the illumination regulations set forth in RPVMC §17.75.080(C). As stated above, this requirement was added to ensure that any remodeled and/or reconstructed legal nonconforming signs and sign structures are designed to minimize light and glare on surrounding rights-of-way and properties, according to several standards. These standards include, but are not limited to, requirements that the sign illuminations shall not blink, flash, flutter, or change light intensity, brightness, that neither the direct nor reflected light from primary light sources may create hazards for pedestrians or operators of motor vehicles, and that 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. ADDITIONAL INFORMATION: Public Correspondence No public correspondence was received in response to the June 13, 2024 public notice that was published in the Peninsula News and issued for the proposed code amendment. In the event Staff receives public comments after the transmittal of this report, all correspondence will be forwarded to the City Council as late correspondence. 9 01203.0005/992407.1 Environmental Assessment The Code Amendment related to the submittal of multiple preliminary applications and/or multiple applications is exempt from CEQA because the code amendment is not a “project” as that term is defined by California Environmental Quality Act (“CEQA”) Guidelines as these ordinance constitute general policy and procedure making (14 CCR §§ 15060 (c)(3), 15378 ); alternatively, the code amendments are exempt from CEQA’S requirements because there is no possibility that these Ordinances or their implementation would have a significant negative effect on the environment (14 CCR § 15061 (b)(3)). The Code Amendment related to the remodeling of existing legal non -conforming freestanding monument and directory signs and pole signs is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines, section 15301 as its regulates the alteration of existing structures and CEQA Guidelines, section 15311, placement of signage, and none of the exceptions to the use of a categorical exemption set forth in CEQA Guidelines, section 15300.2 apply to this code amendment and specifically this code amendment does not present any unusual circumstances. Next Steps If the City Council accepts Staff’s recommendation, the proposed code amendments will be presented to the City Council on July 16, 2024, as a consent calendar item, for second reading and adoption consideration. ALTERNATIVES: In addition to the Staff recommendation, the following alternatives are available for the City Council’s consideration: 1. Direct Staff to modify the language of the Ordinance(s) recommended by the Planning Commission and return to the City Council at a date certain future meeting for a new first reading and introduction. 2. Identify issues or concerns with the draft ordinance and remand it back to the Planning Commission for review. 10 01203.0005/990404.1 Ordinance No. __ Page 1 of 4 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.78.030 (CONSIDERATION OF MULTIPLE APPLICATIONS) OF CHAPTER 17.78 (MISCELLANEOUS) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE SUBMITTAL OF CONCURRENT OR SIMULTANEOUS PRELIMINARY APPLICATIONS AND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY EXCLUSIVE AND CONFLICTING PROJECTS AT THE SAME LOCATION, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CASE NO. PLCA2024-0006) WHEREAS, permit streamlining regulations in the State of California have strict review deadlines for deeming an application incomplete or complete and for taking action on an application; and WHEREAS, the Rancho Palos Verdes Municipal Code Section 17.78.030 specifies the process for concurrent review and consideration for a project that requires multiple entitlements for a single development project ; and WHEREAS, the Rancho Palos Verdes Municipal Code and State permitting regulations are silent regarding submittal of applications for multiple mutually exclusive and conflicting projects at the same location; and WHEREAS, due to the tight review requirements of the State’s permit streamlining act in reviewing land use approvals, if an applicant submits simultaneous or concurrent preliminary applications and/or development applications projects on the same property or portion of a property that are mutually exclusive and conflict with each other, this may cause confusion during the reviews and overburden Planning Division staff in having to review multiple proposals/projects for the same site within the strict timelines of the Permit Streamlining Act, the Housing Accountability Act and other laws regulating the timing and scope of reviews; and WHEREAS, on April 16, 2024 the City Council adopted the Revised Final 2021 - 2029 Housing Element and implementation measures, including 31 potential housing sites in the housing sites inventory to accommodate the City’s Regional Housing Needs Allocation; and WHEREAS, the rezoning to effectuate the Housing Element has been adopted so that preliminary applications and/or applications for development projects may be A-1 01203.0005/990404.1 Ordinance No. __ Page 2 of 4 considered for these sites to develop housing and it is critical to ensure that the application process is well-defined; and WHEREAS, on May 21, 2024 the City Council initiated code amendment proceedings to Chapter 17.78.030 (Consideration of Multiple Applications) of the Rancho Palos Verdes Municipal Code to prohibit preliminary applications and/or applications for mutually exclusive projects at the same location; and WHEREAS, on May 23, 2024, a public notice was published in the Palos Verdes Peninsula News informing the public of a public hearing by the Planning Commission to consider recommendations to the City Council related to the adoption of code amendments to Chapter 17.78.030 (Consideration of Multiple Applications) of Title 17 (Zoning) of the RPVMC; and WHEREAS, on June 11, 2024, the Planning Commission conducted the public hearing, at which time all interested parties were given an opportunity to be heard and present evidence on the proposed code amendments; and WHEREAS, on June 11, 2024, the Planning Commission adopted P.C. Resolution No. 2024-19 recommending that the City Council amend the RPVMC to prohibit concurrent or simultaneous preliminary applications and/or development applications for mutually exclusive projects at the same location, providing very specific clarifying language, and determine the amendment is exempt from the California Environmental Quality Act; and WHEREAS, on June 13, 2024, a public notice was published in the Palos Verdes Peninsula News informing the public of a public hearing by the City Council to consider introduction of code amendments to Chapter 17.78.030 (Consideration of Multiple Applications) of Title 17 (Zoning) of the RPVMC; and WHEREAS, on July 2, 2024, the City Council conducted the public hearing, at which time all interested parties were given an opportunity to be heard and present evidence on the proposed code amendments and introduced Ordinance No.__ that included specific clarifying language as recommended by the Planning Commission. NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does hereby ordain as follows: Section 1. Recitals. The above recitals are incorporated herein by this reference. Section 2. CEQA Compliance. The code amendments described below are not a “project” as that term is defined by California Environmental Quality Act (“CEQA”) Guidelines as this ordinance constitutes general policy and procedure making (14 CCR §§ 15060 (c)(3), 15378 ); alternatively, the code amendments are exempt from CEQA’S A-2 01203.0005/990404.1 Ordinance No. __ Page 3 of 4 requirements because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 CCR § 15061 (b)(3)). Section 3. Amendment to the Code. Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code Section 17.78.030 is hereby amended as follows (Note: Additions are noted as underlined and renumbering the subsequent sections accordingly): 17.78.030 Consideration of multiple applications. A. When more than one permit, variance or other approval under title 16 (Subdivisions) and this title is necessary for a single development project or use, the applicant shall submit all the applications simultaneously and the applications shall be processed concurrently. Further, all the applications may be considered by a single officer or agency of the city pursuant to this section. B. Notwithstanding subsection A, above, an applicant or applicants shall not submit multiple preliminary applications, pursuant to Government Code Section 65913.4, as may be amended, or multiple applications for development projects, for the same property, , which conflict with one another, such that the approval of one project would preclude the development of all or part of the projects proposed in the other submitted preliminary applications or applications. Section 4. The Code Amendment is consistent with the goals, policies, and objectives of the General Plan because the Code Amendment is in the public interest because it will eliminate confusion during reviews and reduce the burden on Planning Division staff in having to review multiple and duplicative proposals/projects for the same site with an expedited 30-day completeness review deadline. Section 5. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. Section 6. Posting. The City Clerk shall certify the passage and adoption of this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code section 36933 as required by law. Section 7. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. A-3 01203.0005/990404.1 Ordinance No. __ Page 4 of 4 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Rancho Palos Verdes, California on this 16th day of July, 2024. John Cruikshank, 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. was introduced by the City Council of said City at a regular meeting thereof held on July 2, 2024, was duly and regularly adopted by City Council of said City at a regular meeting thereof held on July 16, 2024, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Teresa Takaoka, City Clerk A-4 01203.0005/990385.1 Ordinance No. __ Page 1 of 5 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.75.B (LEGAL NONCONFORMING SIGNS) OF CHAPTER 17.75 (SIGN CODE) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ALLOW FOR THE REMODELING AND/OR RECONSTRUCTION OF EXISTING LEGAL, NON- CONFORMING FREESTANDING MONUMENT AND DIRECTORY SIGNS, AND POLE SIGNS, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CASE NO. PLCA2024-0005) WHEREAS, on November 16, 2021, the City Council approved a comprehensive update of the City’s Sign Code (Chapter 17.75 of the RPVMC), including regulations for both commercial and non-commercial (residential) signs, intended to promote the public health, safety, and welfare and balance the City's interests in aesthetics and traffic safety, with the interest of residential uses and nonresidential uses to provide visible information relating to the services or goods provided to existing and potential patrons; and WHERAS, the current Sign Code offers very limited capabilities for commercial sites to remodel existing legal Nonconforming signage, including freestanding directory and monument signs, and pole signs, requiring reconstruction of a legal Nonconforming sign where 30 percent or more of the sign and/or sign structure is to be replaced to be brought into full compliance with the Sign Code standards; and WHEREAS, depending on the age and/or condition of the existing Nonconforming signs on the larger commercial sites, it may be impossible for an applicant to maintain more than 70 percent of the original sign structure due to Building Code requirements; and WHEREAS, the Sign Code design standards are limited to a maximum height of six feet and a maximum area of 40 square feet for larger commercial sites, limiting the ability of commercial sites with multiple access points and multiple tenants to provide effective informational directory signage, which may impact the commercial businesses and cause confusion and conflicts for traffic trying to locate the businesses; and WHEREAS, the Variance section of the RPVMC cannot be utilized for nonconforming signage, and another method by which to allow remodeling of existing legal, non-conforming signs would need to be added to the RPVMC in order to address existing commercial properties; and B-1 01203.0005/990385.1 Ordinance No. __ Page 2 of 5 WHEREAS, given that the City Council’s goals of maintaining and improving the quality of life for Rancho Palos Verdes residents and supporting the viability and growth of local businesses, including enhancing the aesthetics and businesses along the Western Avenue commercial corridor, and many of these larger commercial sites in that vicinity; and WHEREAS, on May 21, 2024, the City Council initiated code amendment proceedings to Chapter 17.75 (Sign Code) of the Rancho Palos Verdes Municipal Code to allow the remodeling and/or reconstruction of existing, legal, non -conforming freestanding monument and directory signs subject to certain requirements; and WHEREAS, on May 23, 2024, a public notice was published in the Palos Verdes Peninsula News informing the public of a public hearing by the Planning Commission to consider recommendations to the City Council related to the adoption of code amendments to Chapter 17.75 (Sign Code) of Title 17 (Zoning) of the RPVMC; and WHEREAS, on June 11, 2024, the Planning Commission held a duly noticed public hearing, considered the information provided by City staff, public testimony and other evidence regarding the Project., and adopted Resolution No. P.C. 2024 -20, and its findings, based upon the evidence presented to the Planning Commission at its hearing, to recommend that the City Council amend §17.75.B.3 (Removal without compensation; legal Nonconforming signs) of Chapter 17.75 (Sign Code) in Title 17 (Zoning) of the RPVMC to allow for the remodeling and/or reconstruction of existing, legal, Nonconforming freestanding monument and directory signs, and pole signs, and determine the code amendment is exempt from CEQA requirements; and WHEREAS, on June 13, 2024, a public notice was published in the Palos Verdes Peninsula News informing the public of a public hearing by the City Council to consider adoption of code amendments to Chapter 17.75 (Sign Code) of Title 17 (Zoning) of the RPVMC; and WHEREAS, on July 2, 2024, the City Council held a duly noticed public hearing, considered the information provided by City staff, the Planning Commission recommendation, public testimony, and other evidence regarding the Project. NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does hereby ordain as follows: Section 1. Recitals. The facts set forth in the recitals of this Ordinance are true and correct and incorporated herein by this reference as though set forth in full. Section 2. CEQA Compliance. The City Council determines that the code amendment described below is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines, section 15301 as they regulate the alteration of existing structures and CEQA Guidelines, section 15311, placement of B-2 01203.0005/990385.1 Ordinance No. __ Page 3 of 5 signage and that none of the exceptions to the use of a categorical exemption set forth in CEQA Guidelines, section 15300.2 apply to this code amendment and specifically this code amendment does not present any unusual circumstances. Section 3. Amendment to the Code. Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code Section 17.75.140.B (Legal nonconforming sign) of the Sign Code is hereby amended as follows (Note: Additions are noted as bolded and underlined and deletions as strikethrough): 17.75.140.B. Legal nonconforming signs. 3. Reconstruction of a legal nonconforming sign (other than a freestanding monument sign or directory sign, or pole sign) where 30 percent or more of the sign structure is replaced must be brought into full compliance with this chapter. 4. The remodel and/or reconstruction of an existing nonconforming freestanding monument or directory sign, or pole sign, may be permitted provided that all of the following requirements are met: a. The remodeled and/or reconstructed sign and sign structure and framework shall maintain the same type of sign structure and framework. b. The sign structure and framework height shall not exceed the existing non-conforming sign’s current height. c. The remodeled and/or reconstructed sign structure and framework shall be located in the same general location as the existing non- conforming sign, as determined by the Director. d. The dimensions and square footage of a remodeled and/or reconstructed sign area shall not exceed that of the existing non- conforming sign area. e. The lowest portion of the sign area shall not be below the low point of the existing non-conforming sign. f. The remodeled and/or reconstructed sign and sign structure do not extend into the public right of way, from ground to sky. g. The remodeled and/or reconstructed sign and sign structure do not create a public health and safety hazard with regards to sightlines B-3 01203.0005/990385.1 Ordinance No. __ Page 4 of 5 for driveways, intersections, etc., as determined by the Public Works Director. h. If the existing lighting on a legal nonconforming sign and/or sign structure changes, that lighting shall comply with the illumination regulations set forth in RPVMC §17.75.080(C). Section 4. The Code Amendment is consistent with the goals, policies, and objectives of the General Plan because the Code Amendment is in the public interest in that it will allow existing dilapidated freestanding monument and directory signs, and pole signs to be remodeled and improve the aesthetics of the City. Specifically, the Code Amendment is consistent with the following Goals and Policies of the City’s General Plan: 1. Land Use Element Policy No. 15: “Require that scenic view preservation by commercial and institutional activities be taken into account not only in the physical design of structures and signs, but also in night lighting of exterior grounds.” Land Use Element, pg. L-8. 2. Visual Resources Element Policy No. 11: “Maintain strict sign standards to ensure that signs are harmonious with the buildings, neighborhood, and other signs in the area.” Visual Resources Element, pg. V-3. Section 5. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion ther eof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. Section 6. Posting. The City Clerk shall certify the passage and adoption of this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code section 36933 as required by law. Section 7. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. B-4 01203.0005/990385.1 Ordinance No. __ Page 5 of 5 PASSED, APPROVED and ADOPTED on this 16th day of July, 2024. John Cruikshank, 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. was introduced by the City Council of said City at a regular meeting thereof held on July 2, 2024, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on July 16, 2024, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Teresa Takaoka, City Clerk B-5 P.C. RESOLUTION NO. 2024-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL AMEND THE RANCHO PALOS VERDES MUNICIPAL CODE TITLE 17 (ZONING) TO PROHIBIT CONCURRENT OR SIMULTANEOUS PRELIMINARY APPLICATIONS AND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY EXCLUSIVE PROJECTS AT THE SAME LOCATION, AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, permit streamlining regulations in the State of California have strict review deadlines for deeming an application incomplete or complete and for taking action on an application; and WHEREAS, the Rancho Palos Verdes Municipal Code Section 17.78.030 specifies the process for concurrent review and consideration for a project where multiple applications for a single development project are submitted; and WHEREAS, the Rancho Palos Verdes Municipal Code and State permitting regulations are silent regarding submittal of applications for multiple mutually exclusive projects at the same location; and WHEREAS, due to the tight review requirements of the State's permit streamlining act in reviewing land use approvals, if an applicant submits simultaneous or concurrent preliminary applications and/or development applications projects on the same property or portion of a property that are mutually exclusive, this may cause confusion during the reviews and overburden Planning Division staff in having to review multiple proposals/projects for the same site within the strict timelines of the Permit Streamlining Act; and WHEREAS, on April 16, 2024 the City Council adopted the Revised Final 2021-2029 Housing Element and implementation measures, including 31 potential housing sites in the housing sites inventory to accommodate the City's Regional Housing Needs Allocation; and WHEREAS, the rezoning to effectuate the Housing Element has been adopted so that preliminary applications and/or applications for development projects may be considered for these sites to develop housing and it is critical to ensure that the application process is well-defined; and WHEREAS, on May 21, 2024 the City Council initiated code amendment proceedings to Chapter 17.78.030 (Consideration of Multiple Applications) of the Rancho Palos Verdes Municipal Code to prohibit preliminary applications and/or applications for mutually exclusive projects at the same location; and WHEREAS, on May 23, 2024, a public notice was published in the Palos Verdes Peninsula P.C. Resolution No. 2024-19 Page 1 of 3C-1 News informing the public of a public hearing by the Planning Commission to consider recommendations to the City Council related to the adoption of code amendments to Chapter 17.78.030 (Consideration of Multiple Applications) of Title 17 (Zoning) of the RPVMC; and WHEREAS, on June 11, 2024, the Planning Commission conducted the public hearing, at which time all interested parties were given an opportunity to be heard and present evidence on the proposed code amendments. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Recitals. The Planning Commission finds the above recitals are true and correct and are incorporated herein by reference. Section 2: CEQA Compliance. The Planning Commission finds that the code amendments described below are not a "project" as that term is defined by California Environmental Quality Act ("CEQA") Guidelines as this ordinance constitutes general policy and procedure making (14 CCR §§ 15060 (c)(3), 15378 ); alternatively, the code amendments are exempt from CEQA'S requirements because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 CCR § 15061 b)(3)). Section 3: The Planning Commission recommends the City Council adopt the amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code Section 17.78.030(A) as follows (Note: Additions are noted as underlined): 17.78.030 Consideration of multiple applications. A. When more than one permit, variance or other approval under title 16 (Subdivisions) and this title is necessary for a single development project or use, the applicant shall submit all the applications simultaneously and the applications shall be processed concurrently. Further, all the applications may be considered by a single officer or agency of the city pursuant to this section. B. Notwithstanding subsection A, above, an applicant or applicants shall not submit concurrent or simultaneous preliminary applications, pursuant to Government Code Section 65913.4, as may be amended, or concurrent or simultaneous applications for development projects, for the same property or portion of a property, which are mutually exclusive, where development of one project pursuant to an application will foreclose development of another project at the same or overlapping location pursuant to a separate application. Section 4: The Code Amendment is consistent with the goals, policies, and objectives of the General Plan because the Code Amendment is in the public interest because it will eliminate confusion during reviews and reduce the burden on Planning Division staff in having to review P.C. Resolution No. 2024-19 Page 2 of 3C-2 multiple and duplicative proposals/projects for the same site with an expedited 30 day completeness review deadline. FINALLY RESOLVED, that the Planning Commission forward a copy of this resolution to the City Council so the Council will be informed of the action and recommendations of the Planning Commission. PASSED, APPROVED, AND ADOPTED this 11 'day of June, 2024 by the following vote: AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, SAADATNEJADI, VICE- CHAIR SANTAROSA, & CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Prrf , on Santarosa, Vice-Chair Bra y)Wbes, Director if Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2024-19 Page 3 of 3C-3 P.C. RESOLUTION 2024-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PAWS VERDES RECOMMENDING THAT THE CITY COUNCIL AMEND §17.75.B.3 (REMOVAL WITHOUT COMPENSATION; LEGAL NONCONFORMING SIGNS) OF CHAPTER 17.75 (SIGN CODE) IN TITLE 17 ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ALLOW FOR THE REMODELING AND/OR RECONSTRUCTION OF EXISTING, LEGAL, NON- CONFORMING FREESTANDING MONUMENT AND DIRECTORY SIGNS, AND POLE SIGNS, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS (CASE NO. PLCA2024-0005). WHEREAS, on November 16, 2021, the City Council approved a comprehensive update of the City's Sign Code (Chapter 17.75 of the RPVMC), including regulations for both commercial and non-commercial (residential) signs, intended to promote the public health, safety, and welfare and balance the City's interests in aesthetics and traffic safety, with the interest of nonresidential uses and their patrons to provide visible information relating to the services or goods provided; and WHEREAS, the current Sign Code offers very limited capabilities for commercial sites to remodel existing legal Nonconforming onsite signage, including freestanding directory and monument signs, and pole signs, requiring reconstruction of a legal Nonconforming sign where 30 percent or more of the sign and/or sign structure is to be replaced to be brought into full compliance with the Sign Code standards; and WHEREAS, depending on the age and/or condition of the existing Nonconforming signs on the larger commercial sites, it may be impossible for an applicant to maintain more than 70 percent of the original sign structure due to Building Code requirements; and WHEREAS, the Sign Code design standards are limited to a maximum height of six feet and a maximum area of 40 square feet for larger commercial sites, limiting commercial sites with multiple access points and multiple tenants to provide effective informational directory signage, which may impact the commercial businesses and cause confusion and conflicts for traffic trying to locate the businesses; and WHEREAS, the Variance section of the RPVMC cannot be applied to Nonconforming signage, and another method by which to allow remodeling of existing legal, non-conforming signs would need to be added to the RPVMC in order to address existing commercial properties; and 01203 0005/990234 1 6/12/2024 P.C. Resolution No. 2024-20 Page 1 of 4D-1 WHEREAS, given that the City Council's goal for maintaining and improving the quality of life for Rancho Palos Verdes residents intends to support local businesses and grow businesses, including enhancing the Western Avenue commercial corridor, and many of these commercial sites are in that vicinity; and WHEREAS, on May 21, 2024, the City Council initiated code amendment proceedings to Chapter 17.75 (Sign Code) of the Rancho Palos Verdes Municipal Code to allow the remodeling and/or reconstruction of existing legal, non-conforming freestanding monument and directory signs subject to certain requirements; and WHEREAS, on May 23, 2024, a public notice was published in the Palos Verdes Peninsula News informing the public of a public hearing by the Planning Commission to consider recommendations to the City Council related to the adoption of code amendments to Chapter 17.75 (Sign Code) of Title 17 (Zoning) of the RPVMC; and WHEREAS, on June 11, 2024, the Planning Commission held a duly noticed public hearing, considered the information provided by City staff, public testimony and other evidence regarding the Project. This Resolution, and its findings, are based upon the evidence presented to the Planning Commission at its hearing. 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: CEQA Compliance. The Planning Commission finds that the code amendments described below are not a "project" as that term is defined by California Environmental Quality Act ("CEQA") Guidelines as this ordinance constitutes general policy and procedure making (14 CCR §§ 15060 (c)(3), 15378 ); alternatively, the code amendments are exempt from CEQA'S requirements because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 CCR § 15061 (b)(3)). Section 3: The Planning Commission has reviewed and considered recommending to the City Council that an ordinance be adopted to amend §17.75.B.3 Removal without compensation; legal Nonconforming signs) of Title 17 (Zoning) Of The Rancho Palos Verdes Municipal Code, to allow the remodeling and/or reconstruction of existing, legal, Nonconforming freestanding monument and director signs, and determine the amendment is exempt from the California Environmental Quality Act as follows (Note: Additions are noted as bolded and underlined and deletions as 01203 0005/990234 1 6/12/2024 P.C. Resolution No. 2024-20 Page 2 of 4D-2 17.75.140.B - Legal nonconforming signs. 3.Reconstruction of a legal nonconforming sign (other than a freestanding monument sign or directory sign, or pole sign) where 30 percent or more of the sign structure is replaced must be brought into full compliance with this chapter. 4. The remodel and/or reconstruction of an existing nonconforming freestanding monument or directory sign, or pole sign, may be permitted provided that all of the following requirements are met: a. The remodeled and/or reconstructed sign and sign structure and framework shall maintain the same type of sign structure and framework. b. The sign structure and framework height shall not exceed the current height. c. The remodeled and/or reconstructed sign structure and framework shall be located in the same general location as existing, as determined by the Director. d. The dimensions and square footage of a remodeled and/or reconstructed sign area shall not exceed that of the existing sign area. e. The lowest portion of the sign area shall not be below the existing. f. The remodeled and/or reconstructed sign and sign structure do not extend into the public right of way, from ground to sky. g. The remodeled and/or reconstructed sign and sign structure do not create a public health and safety hazard with regards to sightlines for driveways, intersections, etc. This shall be confirmed by consultation with the Public Works Department. h. If the existing lighting on a legal nonconforming sign and/or sign structure changes, that lighting shall comply with the illumination regulations set forth in RPVMC §17.75.0801C). Section 4: The Code Amendment is consistent with the goals, policies, and objectives of the General Plan because the Code Amendment is in the public interest in that it will allow existing dilapidated freestanding monument and directory signs, and pole signs to be remodeled and improve the aesthetics of the City. Specifically, the Code Amendment is consistent with the following Goals and Policies of the City's General Plan: 1. Land Use Element Policy No. 15: "Require that scenic view preservation by commercial and institutional activities be taken into account not only in the 01203 0005/990234 1 6/12/2024 P.C. Resolution No. 2024-20 Page 3 of 4D-3 physical design of structures and signs, but also in night lighting of exterior grounds." Land Use Element, pg. L-8. 2. Visual Resources Element Policy No. 11: "Maintain strict sign standards to ensure that signs are harmonious with the buildings, neighborhood, and other signs in the area." Visual Resources Element, pg. V-3. FINALLY RESOLVED, that the Planning Commission forward a copy of this resolution to the City Council so the Council will be informed of the action and recommendations of the Planning Commission PASSED, APPROVED AND ADOPTED on this 11 th day of June 2024, by the following vote: AYES: COMMISSIONERS NELSON, PERESTAM, SAADATNEJADI, VICE-CHAIR SANTAROSA, & CHAIR CHURA NOES: COMMISSIONERS BRACH & NULMAN ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE 00-) on Santarosa, Vice-Chair A, Br.' orbe, IC' Direct. of Community Development; and, Secretary of the Planning Commission 01203 0005/990234 1 6/12/2024 P.C. Resolution No. 2024-20 Page 4 of 4D-4