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CC SR 20240716 D - Multiple Application and Sign Code Updates 01203.0005/996252.1 CITY COUNCIL MEETING DATE: 07/16/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to adopt Ordinance No. 683 and 684 amending 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 an d/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) Adopt Ordinance No. 683, 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. (2) Adopt Ordinance No. 684, 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. FISCAL IMPACT: NONE Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Amy Seeraty, Senior Planner REVIEWED BY: Brandy Forbes, AICP, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager 1 01203.0005/996252.1 ATTACHED SUPPORTING DOCUMENTS: A. Proposed Ordinance No. 683 (Multiple Applications) (page A-1) B. Proposed Ordinance No. 684 (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 F. July 2, 2024, City Council Report BACKGROUND AND DISCUSSION: On July 2, 2024, Ordinance Nos. 683 (Attachment A) and 684 (Attachment B) were introduced by the City Council. Ordinance No. 683 amends Chapter 17.78 (Miscellaneous) of the Rancho Palos Verdes Municipal Code (RPVMC) to prohibit the submittal of multiple applications for conflicting projects on the same property . Ordinance No. 684 amends Chapter 17.75 (Sign Code) of the RPVMC to allow for the remodeling and/or reconstruction of existing legal non-conforming freestanding monument, directory and pole signs. The intent of Ordinance No. 683 is to eliminate public confusion and prevent Staff from being overburdened when required to review several projects for the same site at the same time. The intent of Ordinance No. 684 is to provide specific requirements that will allow legal nonconforming freestanding directory and monument signs, and pole signs to be modernized. This evening, Ordinance Nos. 683 and 684 are being presented to the City Council for their second reading and formal adoption. If adopted, these Ordinances will go into effect on August 16, 2024, which is 31 days from adoption. 2 01203.0005/990404.1 Ordinance No. 683 Page 1 of 4 ORDINANCE NO. 683 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. 683 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. 683 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. 683 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. 683 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. 683 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. 684 Page 1 of 5 ORDINANCE NO. 684 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. 684 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 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. 684 that included additional 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 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 B-2 01203.0005/990385.1 Ordinance No. 684 Page 3 of 5 alteration of existing structures and CEQA Guidelines, section 15311, placement of 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 thi s 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. 684 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 po rtion 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. B-4 01203.0005/990385.1 Ordinance No. 684 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. 684 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