Pacific Grove City Council
May 1, 2024

2 (i) Low Vehicle Ownership Reduced Parking Requirement. For uses that serve tenants with low vehicle ownership rates, like special needs housing facilities, and that can demonstrate a reduced parking need, the review authority may allow for a reduction in parking spaces; (j) Shared parking may be permitted.
[Ord. 21-008 §4, 2021; Ord. 13-003 §18, 2013; Ord. 1715 N.S. §§1, 2, 1990; Ord. 1332 N.S. §1, 1983; Ord. 1194 N.S. §1, 1980; Ord. 1065 N.S. §12, 1979; Ord. 975 N.S. §1, 1977; Ord. 720 N.S. §7, 1972; Ord. 593 N.S., 1968; Ord. 459 N.S., 1964; Ord. 382 N.S., 1962; Ord. 210 N.S. §11-141(e), 1952].

RESOLUTION NO. 2023-_____

A RESOLUTION OF INTENTION OF THE PLANNING COMMISSION OF THE CITY

OF PACIFIC GROVE TO INITIATE AN AMENDMENT TO THE ZONING CODE (TITLE 23 OF THE PACIFIC GROVE MUNICIPAL CODE) RELATED TO HOTEL

PARKING STANDARDS
WHEREAS, Section 23.84.010 of the Pacific Grove Municipal Code (PGMC) provides that the Planning Commission by initiate a legislative amendment to the general plan, zoning code, zoning map, the local coastal program, specific plans, or other amendments whenever required by public necessity and general welfare; and
WHEREAS, Section 23.84.020 of the PGMC provides that the Planning Commission must adopt a Resolution of Intention to initiate a legislative amendment; and WHEREAS, the Planning Commission desires to initiate an amendment to the Zoning Code to increase the off-street garage parking requirements for hotels to one space per hotel room; and WHEREAS, the Planning Commission desires to have City staff support and City Attorney support in the preparation of the proposed legislative amendment and related documents.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of Pacific Grove does hereby:

1. Declare its intention to initiate a legislative amendment to the Zoning Code for the purpose of increasing the off-street garage parking requirements for hotels from one space for each four hotel rooms to one space for each hotel room.

2. Request the City Manager authorize City staff and the City Attorney’s Office to assist the Planning Commission in the preparation of the proposed legislative amendment.

PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE this 14th day December 2023, by the following vote:

AYES: ______________________
NOES: ______________________
ABSENT: ___________________
APPROVED:

STEVEN LILLEY, Chair
ATTEST:

Secretary

Agenda No.8 E

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: Steven Lilley, Planning Commission Chair

MEETING
DATE: 12/14/2023
SUBJECT: Adoption of a Resolution of Intention to Amend Selected Provisions of Chapter 23 of the Pacific Grove Municipal Code (PGMC) to clarify selected code provisions.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
It is recommended that the Planning Commission (PC) consider Adoption of a Resolution of Intention to Amend Selected Provisions of Chapter 23 of the Pacific Grove Municipal Code (PGMC) to clarify selected code provisions and requesting that the City manager authorize staff and legal resources necessary to assist the PC in preparing the final proposed legislative amendments for Council consideration.

DISCUSSION
Procedure for Legislative Amendments
Chapter 23.84 PGMC sets forth the procedure for legislative amendments to the general plan, Chapter 23 of the PGMC, the zoning map, the local coastal program, specific plans, or other amendments.

PGMC 23.84.020 authorizes the PC to initiate amendments through a Resolution of Intention (RoI).

Following adoption of the RoI and drafting of the proposed amendment and findings required under PGMC 23.84.060, the PC then holds a noticed public hearing on the proposed amendment and whether to recommend to the Council adoption of the amendment. The amendment and the Commission’s recommendation are then forwarded to the Council who shall approve, approve in modified form, or disapprove the proposed amendment based upon the findings in PGMC 23.84.060. For zoning code amendments, these findings require that the a) proposed amendment is consistent with the general plan and local coastal plan; b) the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and c) there is internal consistency with other applicable provisions of the code regulations.

In general, planning and legal staff support is recommended to assist the PC in preparation of the proposed legislative amendments. In particular, the City Attorney plays a crucial role in assisting in the drafting of all ordinances, including zoning amendments. Legal oversight and review of the proposed amendments ensures that proposed zoning amendments do not conflict with the City Code, State Constitution, and laws of California and the United States; appropriate findings are made;

internal code consistency is achieved; and that appropriate noticing and public hearings are conducted.

Further, the attorney confirms that the appropriate level of environmental review is determined and that CEQA compliance is achieved.

Depending on the complexity and/or number of proposed amendments by the PC, it is important to confirm that there are budgeted funds and adequate staff resources available to support the work of the PC. The City’s Boards, Committees, and Commissions Handbook provides that staff may accept assignments from a Committee given City management or Department Head concurrence.

Accordingly, it is recommended that the PC forward a request to City Manager, concurrent with the RoI for each proposed amendment, requesting legal and staff resources necessary to finalize and process the amendment proposed to be considered by the City Council.

Prior Consideration of this matter by the PC
On August 12, 2021, the Planning Commission established a Policy and Ordinance Subcommittee to review and propose revised ordinances and policies for recommendation to the Commission and subsequent action by the City Council. Initially, two commissioners volunteered to serve on the subcommittee. Subsequently, Commissioners Sawyer (chair), Murphy, and Aeschliman completed subcommittee work.

The subcommittee primarily focused on revisions of definitions in Chapter 23 PGMC, as requested by staff. The subcommittee selected items from a list of some 47 different subject areas provided by the Community Development Department (CDD) director and the Planning Commission chair. The subcommittee, which met multiple times, reviewed concepts and issues with staff on an ongoing basis.

On December 8, 2022, the subcommittee presented its recommendations to the Planning Commission.

At that meeting, a motion passed, “to direct staff to prepare a draft ordinance for Commission consideration.” To date, that draft ordinance has not been prepared, as staff requested that a legal review be completed.

At the November 9, 2023, Planning Commission meeting, staff stated that legal review would be requested by Thanksgiving (November 23). Initially, on November 12, 2023, with subsequent confirmation on December 2, 2023, Chair Lilley requested that staff place the Chapter 23 Amendments on the December 14, 2023, agenda, so that the Planning Commission could review the matter and determine how best to proceed. Therefore, it is recommended that to mitigate further delay in this process the PC should move forward with the recommended action.

Attachments
RoI Various Zoning Amendments
Draft Amendments Title 23

RESOLUTION NO. 2023-_____

A RESOLUTION OF INTENTION OF THE PLANNING COMMISSION OF THE CITY

OF PACIFIC GROVE TO INITIATE AN AMENDMENT TO THE ZONING CODE (TITLE 23 OF THE PACIFIC GROVE MUNICIPAL CODE) FOR THE PURPOSES OF

CLARIFYING VARIOUS EXISTING PROVISIONS
WHEREAS, Section 23.84.010 of the Pacific Grove Municipal Code (PGMC) provides that the Planning Commission by initiate a legislative amendment to the general plan, zoning code, zoning map, the local coastal program, specific plans, or other amendments whenever required by public necessity and general welfare; and
WHEREAS, Section 23.84.020 of the PGMC provides that the Planning Commission must adopt a Resolution of Intention to initiate a legislative amendment; and WHEREAS, the Planning Commission desires to initiate an amendment to the Zoning Code to clarify various provisions of the Zoning Code; and
WHEREAS, the Planning Commission desires to have City staff support and City Attorney support in the preparation of the proposed legislative amendment and related documents.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of Pacific Grove does hereby:

1. Declare its intention to initiate a legislative amendment to the Zoning Code for the purpose of clarifying various provisions of the Zoning Code.

2. Request the City Manager authorize City staff and the City Attorney’s Office to assist the Planning Commission in the preparation of the proposed legislative amendment.

PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE this 14th day December 2023, by the following vote:

AYES: ______________________
NOES: ______________________
ABSENT: ___________________
APPROVED:

STEVEN LILLEY, Chair
ATTEST:
_________________________________________
Secretary

1 Planning Commission Policy and Ordinance
Subcommittee Municipal Code Change/Additions
Recommendations Nov. 10, 2022
Key
BOLD = new language for PGMC Title 23
Strikethrough = language to be removed from PGMC Title 23

23.04.040(a) Interpretations
Authority. The chief planner has the authority to interpret any provision of these regulations. Whenever the chief planner determines that the meaning or applicability of any requirement of these zoning regulations is subject to interpretation, the chief planner may issue an official interpretation. The planning commission shall be notified of such official interpretations. The city manager may make exceptions to these regulations, with planning commission notification, where a substantial hardship or other unusual condition warrants.

23.08.020 Definitions
“Antiques” means objects that have an enhanced value because of their considerable age, collectability, attention to design and are generally more than one hundred years old.
“Appurtenance” means A non-structural portion of a roof system (includes heating and air conditioning equipment), elevator shaft housings, stair towers, other electrical mechanical building systems, chimneys, solar energy panels, railings, trellises, signs, antennas.
‘Architectural Features’ means Features that do not add floor area to a building but add architecturally to the design of the building or meet functional requirements:

Open porch, chimneys, mechanical equipment, elevator shaft housings, stair towers, parapets, wooden awnings, smoke and ventilation stacks, flag poles. These features may encroach on required setbacks and height limits PGMC 23.20.70(d) “Attached” means a structure connected to another structure by a common wall or roof.

2 “Benefit/thrift” means Nonprofit business or organization specializing in the sale of previously owned goods.
“Court” means an open, uncovered, unobstructed space on the same lot as a building. “Detached” means a structure that does not share a wall or roof with another structure, not joined to another structure.
“Fence” means any vertical structure, not integral to any building, used as a barrier to define boundaries, to prevent the passage of people and animals, and/or screen off or enclose a portion of property, not including structures, or portions of structures, designed to support a roof, awning, or other horizontal structure, such as the wall of a building. Wing walls or other extensions of a building wall that do not support the building shall be included in the definition of a fence for purposes of this title. A barrier for the purpose of enclosing space or separating lots, composed of masonry, concrete walls, wood, metal, or concrete posts connected by boards, rails, panels, wire, or mesh, and excluding retaining walls. Height limit as established by PGMC 23.64.130. Chain link fences not allowed except with use permit PGMC 23.64.135(b). “Grade” means
(1) “Existing Grade” means the surface of the ground as it exists prior to disturbance, established by a survey, in preparation for a project regulated by the Pacific Grove Municipal Code.
(2) “Natural grade” means the elevation of the ground in its natural state, before grading, excavation, or filling. See 23.08(G)(1)
(3) “Finished grade” means the final elevation of the ground level after grading, excavation, or filling along the perimeter of the building and may include the entire site.
“Height” means the vertical distance from any point on the top of a structure to a line connecting grades on opposite sides of a structure’s exterior. If finished, natural, or existing grades are different at the structure’s exterior, the lowest of these is used in applying this definition. the vertical distance measured from the top most portion of a structure (roof, ridge, or parapet wall) excluding appurtenances, to a line connecting legally established existing grades on opposite sides of a structure’s exterior. “Height limit “ means the measured vertical distance from the legally established existing grade of the site to a parallel plane determined by the maximum allowable height above the legal existing grade
(See following diagram.)

3 Change Diagram notation to: Plane parallel to legally established grade which determines maximum height

23.08.020(R) Definitions
“Retail, general” means a retail business selling merchandise directly to the end consumer. Examples of these stores and lines of merchandise include:

Apparel and
accessories
Food and grocery,
including convenience
markets with accessory
catering for
consumption offpremises, produce
markets, delicatessens,
bakeries, candy shops,
and cheese shops
Antiques Furniture, including
home and office
furniture, jewelry, art
“Setback” means the distance between any structure and property line, street or alley, right-of-way line, easement, building, or mean high tide line. (1)“Front setback” means a space measured from the edge of a private or public road right-of-way or front property line to nearest point of a structure.

4 (2)“Side setback” means a space measured between the side property line of a lot and the nearest line of structure.
(3)“Rear setback” means a space measured between the rear property line of a lot and the nearest point of a structure.
“Vintage/Collectibles” means items that are from an earlier age, generally more than twenty years old and less than one hundred years old, that are collected and considered to have value.
“Yard” means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in PGMC 23.64.150 to 23.64.180, inclusive. [Ord. 21-008 § 2, 2021; Ord. 20- 001 § 2 (Exh. A), 2020; Ord. 16-005 § 3, 2016; Ord. 13-008 § 2, 2013; Ord. 13-003 § 5, 2013].
(1)“Front Yard” means an area extending across full width of the lot between the front lot line and primary structure.
(2) “Rear Yard” means an area extending the full width of the lot between the rear lot line and the primary structure.
(3)“Side Yard” means an area between side lot line and the primary structure extending between the front and rear yards.

Diagram for further descriptions of yard.

5 23.16.060 Yards Yard Setbacks required – Garage openings – Architectural feature projections.
(a) Front Yards. Minimum of 15 feet.
(b)(1) Side Yards for Interior Sites. Each side yard shall be ten percent of site width, with minimum of three feet and maximum required 10 feet. Exception: with administrative approval the total of side yards may be 20 percent of site width with a minimum three feet required on each side; maximum required on each side is 10 feet. side yard setbacks may be averaged to total 20% of site width with a minimum three feet on one side.
(2 )Exception Side Yards for Corner Sites. The side yard setback abutting the street shall be 20 percent of site width, but need not exceed 10 feet. With administrative approval interior side yard coverage may be reduced with a minimum three feet required.

23.20.70 Yards Yard Setbacks required - Garage openings - Architectural Feature projections
(b) (2) Side Yard setbacks for corner sites. Ten percent of site width, with a minimum of three feet and maximum required 10 feet; provided, the except, a side yard abutting the street shall be 20 percent of the site width, but need not exceed 10 feet. Refer to 23.16.060(b)(2)
(c) Rear Yard setbacks. Minimum of 10 feet; provided, that except, a rear yard fronting on a street shall be a minimum of 15 feet. Refer to 23.16.060(b)(1)

23.34.020 Numerical and size limitations established.

Table 23.34.020 lists the numerical and size limitations for certain restricted uses consistent with the land use regulations for zoning districts in the city in which they may be located and the purposes of the chapter.

6 Table 23.34.020: Limitations on Restricted Commercial Uses Use Limit on the Number
Allowed Other Limitations Type of Permit Required
Benefit/resale/consignment 12 in total and only 2
permitted on Lighthouse
Avenue
Uses may be located on an upper
floor in the (C-D)(C-1-T) downtown
commercial zones
Occupancy permit
business license
Reserved
Reserved

23.56.015 R-H District: Special regulations
Except as specifically provided by this section, R-1 requirements shall apply in the R-H district.
(b) Roof Pitch. No portion of a roof above 18 feet shall have a pitch less than 3:12. (c) (b) Building Coverage. Maximum building coverage is 40 percent for one story or for buildings up to 16 feet high, and 35 percent for two stories or for buildings over 16 feet high.
(d) (c) Site Coverage. Maximum site coverage on all sites is 60 percent. (e) (d) Side Yards. For new single-family dwellings constructed after May 17, 1991 (effective date of the ordinance codified in this chapter) side yards shall be 10 percent of lot width but need not exceed 10 feet; provided, however, on corner lots, the side yard abutting the street shall be 20 percent of the width of the lot, but need not exceed 15 feet.

23.64.130 Height limits – Fences, hedges or other visual obstructions (d) Exceptions Pertaining to Deer Fencing. The purpose of this subsection is to allow for protection of property from deer.
(1) Deer fencing may be permitted up to six feet in height along the front property line to the front of any. dwelling if an administrative use permit is first obtained.

7 (2) The following materials, or materials of similar aesthetics and durability, shall be used: two-inch by four-inch or four-inch by four-inch galvanized metal wire, with wrapped (not welded) joints for durability, in black, green or metallic finishes, or transparent or semi-transparent aviary mesh screen, in black or green. (3) Deer fencing may be constructed with wood, metal, or fiberglass posts or attached at the top of an existing, and otherwise conforming, fence. (e) Exceptions Pertaining to Fences on Retaining Walls. Fences with elevation changes at property line.
(1) For elevation changes at property line, a fence shall be measured from grade level and shall meet requirements set forth in 23.64.130(a) Fences (1) For retaining walls located on a property line, a fence constructed on top of the wall shall be measured from the grade level on the higher side, as shown in Figure 3, with a combined height limited to four feet in height forward of the front yard setback line along the property lines, and six feet in height to the rear of the front yard setback along the property lines. From the lower side, the combined height shall be limited to six feet in height forward of the front yard setback line along the property lines and eight feet in height to the rear of the front yard setback along the property lines. (2) For retaining walls located entirely on a single property, a fence constructed on top of a retaining wall shall be measured from the grade level of the same property, with a combined height limited to four feet in height forward of the front yard setback line and six feet in height to the rear of the front yard setback. (3) (2) If a fence is on one property and the retaining wall on the abutting property, regardless of the retaining wall height, and as measured from the grade level on the property where the fence is located, the maximum fence height is limited to four feet in height forward of the front yard setback line and six feet in height to the rear of the front yard setback, as measured from the grade level of the property upon which the fence is located.

23.64.135 (b) Prohibited Fences
(a) Prohibition. It is unlawful for any person to erect or maintain a fence constructed completely or in part of any of the following: wires carrying an electric current of greater than 0.006 amperes (six milliamperes), razor ribbon, barbed wire, wooden fence spikes,

8 broken glass, protruding nails or spikes or any other like or similar material or device designed to cause trauma when touched. While not prohibited, Chain link fences are discouraged for aesthetic reasons prohibited.
(b) Exceptions. Fences constructed of materials described in subsection (a) of this section shall be allowed subject to first obtaining a use permit in the following cases: fences bordering public utility facilities or facilities in the C-2 and I districts. and fences in residential districts designed to protect private property.

23.70.012-1 Types of Review, Application and Roles of Review Authorities Historic Resources Committee: For the following applications:

Historic determination
(PGMC 23.70.070, 23.76.030)
Decision Appeal Appeal
Architectural permit for major alteration
– on HRI (PGMC 23.70.070)
Decision Appeal Appeal
Historic preservation permit
(PGMC 23.70.070, 23.76.060)
Decision Appeal Appeal
Historic demolition permit
(PGMC 23.70.070, 23.76.090)
Decision Appeal Appeal
Historic relocation permit – off-site
(PGMC 23.70.070, 23.76.100)
Decision Appeal Appeal
Initial historic screening
(PGMC 23.70.070)
Decision Recommend
Decision
Appeal Appeal

9 23.70.070 Historic Resources Committee
(c) Applicability
(2) Recommending Authority. As summarized in Table 23.70.012-1, the historic resources committee is the recommending authority for initial historic screening requests. The committee shall make a recommendation to the director decision as to whether a determination of ineligibility can be made or if a Phase 1 historic assessment is needed to determine the historicity of a structure. Phase I and Phase II historic assessments are reviewed by the Historic Resources Committee and are subject to 23.70.070 (e)(f).

23.86.040 Notice of Hearing for Architectural Permits
Notice of public hearings for architectural permits, and for administrative architectural permits if a hearing is necessary, shall be given as required by this section and by any additional noticing procedures adopted by council resolution. Such additional noticing requirements are available in the community development department and address, among other items, the applicant’s responsibilities to install story poles and netting. (4)Timeline. The notice shall be mailed and posted no later than 10 days 15 days following the submittal of a complete application to the department and seven days before the scheduled date of the initial review by the architectural review board or zoning administrator, including conceptual review.

23.64.180 Accessory buildings and structures
Table 23.64.180 – Accessory Buildings and Structures – R Districts Category 1 Category 2 Category 3
Description Detached nonhabitable
structures that are 70 square
feet or more in area (such
as garages, carports,
workshops, and gazebos)
Detached
nonhabitable
structures that are
less than 70 square
feet in area (such as
storage, garden or
utility sheds)
Portable or built-in
hot tubs (including
equipment)

10 Table 23.64.180 – Accessory Buildings and Structures – R Districts Category 1 Category 2 Category 3
Number
Allowed in
Each
Category
without
UP/AP1
1 1 1
Additional
Allowed in
Each
Category
with
UP/AUP1
120 sq. ft. or less:

Additional structure(s)
allowed subject to approval
of an administrative use
permit (AUP)
Larger than 120 sq. ft.:

Additional structure(s)
allowed subject to approval
of a use permit (UP)
Additional
structure(s) allowed
subject to approval
of an administrative
use permit (AUP)
Additional
structure(s)
allowed subject to
approval of an
administrative use
permit (AUP)
Design
Review
Required
120 sq. ft. or less: No
Larger than 120 sq. ft.: Yes,
see
PGMC 23.70.030(b)(2)(G)
and 23.70.060(c)(3)
No No
Counted in
Floor Area
and
Building
Coverage
120 sq. ft. or less: No
Larger than 120 sq. ft.: Yes
No No
Counted in
Site
Coverage
Yes Yes Yes
Use Permit
Required
for
Plumbing
Yes No Yes No Yes

11 Table 23.64.180 – Accessory Buildings and Structures – R Districts Category 1 Category 2 Category 3
Building
Separation
At least 3 1/2 feet from any
dwelling or building on the
same building site
Not required Not required
Front
Setback
As prescribed by the zoning
district
As prescribed by the
zoning district
As prescribed by
the zoning district
Rear
Setback
5 ft. Over 6 ft. in height:
5 ft.
6 ft. or less in height:

None required
Over 4 ft. in height:
5 ft.
4 ft. or less in
height: None
required
Side
Setback
As prescribed by the zoning
district
Over 6 ft. in height:

As prescribed by the
zoning district up to
a maximum
requirement of 5 ft.
6 ft. or less in height:

None required
Over 4 ft. in height:

As prescribed by
the zoning district
4 ft. or less in
height: None
required
Height 15 ft. maximum 8 ft. maximum Not regulated

23.70.020 Counter review and determination.
(a) Purpose. To comply with the zoning code, some specific projects require the chief planner or designee to verify facts or make determinations regarding such zoning standards as floor area percentages or visual significance. A counter review and determination is used by the city to determine if such projects comply with the zoning code and may proceed without further community development permits.
(b) Applicability. The following project types must receive a determination by the chief planner or designee before proceeding without further community development permits. Exceptions: If a new use permit, variance, or historic preservation
permit is also required, see instead PGMC 23.70.030 (Staff approvals), PGMC 23.70.040 (Zoning administrator), PGMC 23.70.060(Architectural review board), or PGMC 23.70.080 (Planning commission). If an administrative use permit or administrative variance is required, any of the projects listed under subsections (b)(1), (3), (4), (5) and (6) of this section, if located outside of the coastal zone, shall also require an administrative architectural permit, which shall be processed concurrently, pursuant to PGMC 23.70.030 (Staff approvals). If located within the coastal zone, an architectural permit shall be required for projects listed under subsections (b)(1)(A), (C) and (D), (b)(2)(F), and (b)(3)(A) and (C) of this section, pursuant to PGMC 23.70.060 (Architectural review board).
(1) For nonhistoric properties (buildings determined by the city to be ineligible for the historic resources inventory (HRI), or less than 50 years of age):
(A) In the R-1 zoning districts outside of the coastal zone:
(i) An exterior addition to a single-family home where the addition is less than 25 percent of existing floor area and does not enlarge or create a second story. Visual significance is not a factor;
(ii) Exterior modifications and additions to a single-family home, duplex or triplex, that are 25 percent or more of existing floor area and do not enlarge or create a second story, and that the chief planner determines to be “visually insignificant” as viewed from the adjacent street(s); and
(iii) Any new impervious surfaces.
(B) In the R-1 zoning districts, both within and outside the coastal zone:
(i) Replacement of chimneys, siding, doors, porches, decks, or other exterior feature(s) on a single-family home, duplex or triplex, if the replacement materials and design are either in-kind or matching the existing or original materials and

design, such that the change is determined by the chief planner to be “visually insignificant” as viewed from the adjacent street(s);
(ii) Replacement of windows (including change in window location of up to 12 inches from existing location) on a single-family home, duplex or triplex, if the replacement materials are either in-kind, matching or are considered an upgrade of the existing or original materials, which would meet the definition of “visually insignificant,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines; and
(iii) Roof material change and/or roof pitch change, such that the change is determined by the chief planner to be “visually insignificant” as viewed from the adjacent street(s) or is considered appropriate to the architectural style of the structure.
(C) In all other residential zoning districts outside of the coastal zone, exterior modifications or an exterior addition to a single-family home, duplex or triplex where the addition is less than 400 square feet or 10 percent of existing floor area, whichever is less, and where the alterations and/or addition is determined to be “visually insignificant” as viewed from the adjacent street(s) and does not enlarge or create a second story. (D) In all other residential zoning districts outside of the coastal zone, any new impervious surfaces.
(E) In all residential zoning districts outside of the coastal zone, deer fencing meeting the height limits of PGMC 23.64.130(d).
(F) In the C-D, C-FH, and C-V zoning districts, any exterior modifications that are 25 percent or less of a building’s front façade and do not enlarge the building and if the replacement materials and design are determined by the director to be “visually insignificant” as viewed from the adjacent street(s).

23.70.030 Staff approvals.
(2) Administrative Architectural Permits (Not on HRI). Administrative architectural permits may be granted for the following structures and the following alterations to a building that has been determined by the city to be ineligible for the historic resources inventory, or is less than 50 years of age:
(A) In the R-1 zoning districts outside of the coastal zone, any exterior modifications or additions to a single-family home, duplex or triplex that are 25 percent or more of existing floor area and do not enlarge or create a second story, if the director determines that the exterior modifications and additions are “visually significant” as viewed from the adjacent street(s);
(B) In the R-1 zoning districts outside of the coastal zone, any of the following modifications to a single-family home, duplex or triplex:
(i) Replacement of chimneys, siding, doors, porches, decks, or other exterior feature(s), if the replacement materials and design are determined by the director to be “visually significant” as viewed from the adjacent street(s); (ii) Replacement of windows (including change in window location of up to 12 inches from existing location), if the replacement materials meet the definition of “visually significant,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines; and
(iii) Roof material change and/or roof pitch change, such that the change is determined by the director to be “visually significant” as viewed from the adjacent street(s);
(C) In the C-D, C-FH, C-V zoning districts, any exterior modifications that are 25 percent or less of a building’s front façade and do not enlarge the building and if the replacement materials and design are determined by the director to be “visually significant” as viewed from the adjacent street(s);

Page left blank intentionally Page 398 of 419 PGCC 5-1-24

Agenda No.8 F

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: Claudia Sawyer, Planning Commissioner

MEETING
DATE: 12/14/2023
SUBJECT: Adoption of a Resolution of Intention to Amend Chapter 23 of the Pacific Grove Municipal Code (PGMC) related to Story Poles.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
It is recommended that the Planning Commission (PC) consider adopting the attached Resolution of Intention (RoI) and requesting that the City manager authorize staff and legal resources necessary to assist the PC in preparing the final proposed legislative amendment for Council consideration.

DISCUSSION
Procedure for Legislative Amendments
Chapter 23.84 PGMC sets forth the procedure for legislative amendments to the general plan, Chapter 23 of the PGMC, the zoning map, the local coastal program, specific plans, or other amendments.

PGMC 23.84.020 authorizes the PC to initiate amendments through a Resolution of Intention (RoI).

Following adoption of the RoI and drafting of the proposed amendment and findings required under PGMC 23.84.060, the PC then holds a noticed public hearing on the proposed amendment and whether to recommend to the Council adoption of the amendment. The amendment and the Commission’s recommendation are then forwarded to the Council who shall approve, approve in modified form, or disapprove the proposed amendment based upon the findings in PGMC 23.84.060. For zoning code amendments, these findings require that the a) proposed amendment is consistent with the general plan and local coastal plan; b) the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and c) there is internal consistency with other applicable provisions of the code regulations.

In general, planning and legal staff support is recommended to assist the PC in preparation of the proposed legislative amendments. In particular, the City Attorney plays a crucial role in assisting in the drafting of all ordinances, including zoning amendments. Legal oversight and review of the proposed amendments ensures that proposed zoning amendments do not conflict with the City Code, State Constitution, and laws of California and the United States; appropriate findings are made; internal code consistency is achieved; and that appropriate noticing and public hearings are conducted. Further, the attorney confirms that the appropriate level of environmental review is determined and that CEQA

compliance is achieved.

Depending on the complexity and/or number of proposed amendments by the PC, it is important to confirm that there are budgeted funds and adequate staff resources available to support the work of the PC. The City’s Boards, Committees, and Commissions Handbook provides that staff may accept assignments from a Committee given City management or Department Head concurrence.

Accordingly, it is recommended that the PC forward a request to City Manager, concurrent with the RoI for each proposed amendment, requesting legal and staff resources necessary to finalize and process the amendment proposed to be considered by the City Council.

Prior Consideration of this matter by the PC
At the June 8, 2023 Planning Commission meeting a Story Pole subcommittee was created in response to questions and concerns, regarding Story Pole application in the City of Pacific Grove, voiced by members of the public. Three members of the Planning Commission volunteered to serve on the subcommittee; Commissioners Sawyer (chair), Kubica and Nodzenski.

The subcommittee reviewed City of Pacific Grove municipal codes, resolutions, policies and city Story Pole Advisory Committee memos regarding the use of story poles. The subcommittee also reviewed four local and ten other cities Story Pole municipal codes, policies or guidelines. The subcommittee investigated use of Story Pole exceptions and waivers, liability and certification letters, Story Pole alternatives, and project signage utilized in these municipalities. Five local architects were interviewed regarding the application and use of Story Poles.

The subcommittee met ten times and reported monthly to the Planning Commission. Concepts and issues were reviewed with staff several times. A draft policy and draft Municipal Code were developed.

The city appears to have no single procedure, guideline or municipal code pertaining to the use of Story Poles, but rather a collection of resolutions, requirements, handouts, memos, and two notations regarding Story Poles in Chapter 23 of the City’s Municipal Code. The following examples illustrate the lack of a unified approach and clear guidelines for the public, applicants and staff to Story Poles in the City of Pacific Grove. It should be pointed out that 23.90.160(b)(1)(E) could be applied city wide.

Resolution No. 09-028 adopted by the City Council in July, 2009 approved procedures and requirements for mailing of legal notices, publishing and posting legal notices, story poles and netting. Attachment A of the Resolution, Section II Noticing and Netting Procedures for Architectural Approvals delineated Community Development Department responsibilities and Applicant responsibilities.

1. See attachment 1.

A slightly modified version of above Attachment A, Section II was adopted by Community Development Department as a handout entitled Applicant Requirements for Staking and Story Poles. This handout also includes Due dates for netting and submittal site plans which is not clearly explained and a netting sample depiction.

2. See attachment 2.

A memo dated Feb. 19, 2020 addressed to the members of the City Manager’s Story Pole Advisory Committee noted the following determinations:

3. A. Story Poles should continue to be required for residential zoning districts with exceptions

Story Poles should continue to be required for residential zoning districts with exceptions for unusual circumstances or safety concerns
A.

B. Projects where story poles may pose safety concerns are delineated:

1. Multistory building without adequate space to brace poles

2. Projects with high voltage wire located nearby
Projects directly abutting the City’s right of way, CDD Director should require photo illustration of project

3. Applicant should continue to be required to certify story poles are at correct height and accurately portray the proposed construction

4. 5. Staking should not be codified

6. Requiring story poles for ADUs not recommended
The memo noted that the Committee’s observations do not require a change to City’s Staking Requirements.

See attachment 3.

4. Story Poles are noted twice in Chapter 23 of the City’s Municipal Code:

A. 23.86.040 Notice of hearings for architectural permits The first paragraph notes “the applicant’s responsibilities to install story poles and netting.”
B. 23.90.160(b)(1)(E) Scenic resources
This section refers to Site -Specific Visual Analysis which notes what should be included at a minimum to determine visual impacts.
“Any other information deemed necessary to determine the visual impact of the proposed project, including but limited to analysis of the heights of existing buildings within 150 feet of the proposed structure; story poles and netting showing proposed ridgelines; and visual simulations to help identify potential visual impacts”.

See attachment 4 and 5.

The Draft Story Pole Policy and proposed Draft Municipal Code represent definitive delineation of Story Pole purpose, procedures, exceptions and exemptions. The public, applicants and staff are provided clear guidance in the application and installation of Story Poles.

Attachments
Reso 09-028
Handout Story Poles
Memo 2-19-20
PGMC 23.86.040
PGMC 23.90.160
Final SP Policy
ROI Story Poles

5 ATTACHMENT #1

6

7

8

9 ATTACHMENT #1

10 ATTACHMENT #2

11 ATTACHMENT #2

12 ATTACHMENT #3

13 ATTACHMENT #3

14

15

1 Story Pole Policy Draft
Proposed Municipal Code
Purpose:

Story Pole placement is used to demonstrate proposed rooflines, ridgeline heights and locations, indicate massing and project placement on a site. They are intended to provide visual simulation of potential impact on views and privacy of surrounding properties. Story Poles are utilized to aid residents, city staff and members of decision-making bodies in their evaluation of the proposed project.

Story Pole and Netting Procedure

1. Story Pole installation:
a. Story Poles are installed when project application is deemed complete by assigned planner
b. Applicant is notified in writing of proposed project approval, sent story pole procedure, and provided with public hearing date by assigned planner c. Story Poles shall be erected ten (10) days prior to public hearing

2. Story Pole Materials, Netting and Placement:
a. Poles or other appropriate materials for example; 2x4 lumber, metal poles or other sturdy building material
b. Plastic orange snowdrift netting: one foot width minimum c. Placement will demonstrate corners, exterior wall lines, proposed ridgelines and rooflines
d. Story Poles and netting to be placed, braced and supported to ensure safety and general welfare of the public

3. Letter of Certification and Annotated Photos
a. Letter of Certification with annotated Story Pole photos must be submitted to CDD after Story Poles are installed and placed in CDD property file b. Annotated photos to include date, property address and location of photo.

Front, side(s), rear views of proposed project are required c. Certification Letter confirms Story Poles demonstrate proposed height, ridge lines at the highest peak of each roof line, locations of proposed structure or addition(s) on site
d. Certified by one of the following licensed in CA:
(1) Surveyor
(2) Civil Engineer
(3) Contractor

2 4. Liability Agreement
a. Applicant or its legal representative shall indemnify and hold the city harmless from any and all claims, damages, losses or legal actions associated with the use of or related to the installation, use, or removal of Story Poles b. When received, planner notes receipt of Signed Liability Agreement. Liability Agreement placed in CDD property file

5. Public noticing
As required by PGMC

6. Project Signage (Reference PGMC 20.04.020, 20.04.120) a. Sign Content includes the following:
(1) Project Address
(2) Project Description
(3) Proposed Project Drawing or Elevation
(4) Applicant Information – Contact number
(5) City of PG CDD contact information
b. Sign Material – Durable Weather-resistant material
c. Sign Maintenance required throughout life of project d. Size
Residential – 11 inches x 17 inches (minimum)
(1) Placement on main frontage road of property
(2) Four feet above existing grade
(3) Within Three feet of front property line
C-D district Remodel/ New Construction - One 2ft. x 3ft. (1) May be posted inside window if outside posting not
feasible
(2) Sign must be visible from public locations outside building Commercial/Industrial/Mixed Use - 4 ft. x 4 ft.
(1) Placed on each property frontage
(2) Visible to public right of way.
(3) Four feet above existing grade
(4) Within Three feet of front property line

7. Adjustment of Story Poles
May be required by decision making body (Architectural Review Board, Historic Resources Committee, Planning Commission, City Council) if significant change (20 %) of project height, site coverage or change of location on site.

8. Story Pole Removal
Within ten (10 days) after all appeal and call-up periods have ended

3 9. Story Pole Exceptions
a. Written requests for an exception will be considered if the applicant demonstrates the reasons why an exception to the Story Pole requirement is warranted. Applicant must include a proposed alternative plan
b. Examples of alternative means of illustrating a project:
(1) Commercial grade balloons with pennant tape or netting (2) Boom lifts
(3) Poles with flags
(4) Hybrid mix of non-traditional and traditional story poles (5) Non-standard approaches that adequately show height and scale of the project
c. CDD director or Director’s designee will review requests for Story Pole exception within 10 days of receipt of request and place matter on the next Planning Commission agenda for discussion and decision

10. Exemptions to Story Poles (References PGMC 23.70.030, Resolution 09-028 July 15, 2009)
a. Projects that are deemed eligible for administrative approval by the CDD Director
b. Projects that are exempt from discretionary review, which includes ADUs.

4 DRAFT PROPOSED MUNICIPAL CODE
The following proposed code utilizes existing municipal ordinance code and resolution as noted.

1. New construction and building additions requiring ministerial approval must have story poles erected as part of the application process.
a. Corners, exterior wall lines of proposed project, rooflines, and ridgelines are delineated through the use of story poles and netting.

2. Exceptions
a. Request for Story Pole Exceptions will be considered if the applicant demonstrates in writing reasons for an exception and includes an alternative plan.
b. Community Development Department (CDD) director or the Director’s designee will review requests for Story Pole exceptions within 10 days of receipt of written request.
c. Exception requests shall be placed on the next Planning Commission agenda for discussion and decision.

3. Exemptions (Reference PGMC 23.70.030, Resolution 09-028 July 15, 2009) a. Story Poles and netting will not apply to projects deemed eligible for administrative approval by the CDD director or the Director’s designee.
b. Projects that are exempt from discretionary review, which includes ADUs.

5 DRAFT STORY POLE HEIGHT AND LOCATION

CERTIFICATION LETTER
Instructions:

The Story Pole Heights and Location Certification must be certified by a Licensed land surveyor, civil engineer or building contractor. This certification submitted to the City prior to public noticing.

Certification Statement:

I hereby certify that the story poles located on the referenced site are a true and correct representation of the design, height and locations of the proposed structure or addition.

I further certify that story pole heights and proposed maximum height elevations are true and correct. I acknowledge that the required story poles are for the purpose of informing the owner, architect, designer, City staff and the public of the accurate location and exterior dimensions of the proposed structure or addition(s). _________________________________________ Please stamp & sign below Signature of land surveyor,
Civil Engineer, or Building Contractor
________________________________________
Name (Printed or typed)
________________________________________
License No./Expiration Date
Date________________________________________

6 Suggested Definitions

1. Annotated Photographs – Photographs labeled with specified information e.g. date, street address, side of project

2. CDD – City of Pacific Grove Community Development Department

3. Decision Making Bodies – Architectural Review Board, Historic Resources Committee, Planning Commission, City Council

4. Development – Any property within the City of Pacific Grove where new construction, additions, renovation or alterations is proposed

5. PGMC – Pacific Grove Municipal Code

6. Property File – File in CDD which contains collection of documents regarding the plot of land together with the buildings and structures thereon.

7. Story Poles – Temporary structures erected on development site to represent height, mass, and overall dimensions of a proposed project

RESOLUTION NO. 2023-_____

A RESOLUTION OF INTENTION OF THE PLANNING COMMISSION OF THE CITY

OF PACIFIC GROVE TO INITIATE AN AMENDMENT TO THE ZONING CODE (TITLE 23 OF THE PACIFIC GROVE MUNICIPAL CODE) RELATED TO STORY POLES
WHEREAS, Section 23.84.010 of the Pacific Grove Municipal Code (PGMC) provides that the Planning Commission by initiate a legislative amendment to the general plan, zoning code, zoning map, the local coastal program, specific plans, or other amendments whenever required by public necessity and general welfare; and
WHEREAS, Section 23.84.020 of the PGMC provides that the Planning Commission must adopt a Resolution of Intention to initiate a legislative amendment; and WHEREAS, the Planning Commission desires to initiate an amendment to the Zoning Code to address requirements to install story poles for pending project applications; and WHEREAS, the Planning Commission desires to have City staff support and City Attorney support in the preparation of the proposed legislative amendment and related documents.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of Pacific Grove does hereby:

1. Declare its intention to initiate a legislative amendment to the Zoning Code for the purpose of requiring story poles to be installed for pending project applications consistent with a proposed story pole policy also proposed by the Planning Commission.

2. Request the City Manager authorize City staff and the City Attorney’s Office to assist the Planning Commission in the preparation of the proposed legislative amendment.

PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE this 14th day of December 2023, by the following vote:

AYES: ______________________
NOES: ______________________
ABSENT: ___________________
APPROVED:

STEVEN LILLEY, Chair
ATTEST:
_______________, Secretary

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RESOLUTION NO. 09-028

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE AMENDING RESOLUTION NO. 6-023 ADOPTING PROCEDURES AND

REQUIREMENTS FOR MAILING OF LEGAL NOTICES, PUBLISHING AND

POSTING LEGAL NOTICES, STORY POLES AND NETTING
WHEREAS, on October 4, 2006, the City Council adopted Resolution 6-023, specifying procedures and requirements for mailing of legal notices, publishing and posting legal notices, story poles and netting; and
WHEREAS, based on the Planning Commission’s review and the practicalities of implementing this resolution, the modifications to Resolution 6-023 clarify and improve the noticing procedures for all types of permits, including netting and story pole requirements for architectural approvals involving building additions or modifications to height and mass; and WHEREAS, due to budget constraints, streamlining of noticing procedures and requirements are necessary to reduce the time and cost associated with planning permit review and approval; and
WHEREAS, the procedures and requirements for noticing for use permits, variances, or equivalent permits are consistent with California Planning and Zoning Laws, as defined by Government Code Sections 65090, 65091 and 65905;
WHEREAS, the procedures and requirements for noticing of Architectural Approvals are consistent with Municipal Code Section 23.73.050 and the City of Pacific Grove Architectural Review Guidelines for Single-Family Residences.

WHEREAS, the Planning Commission reviewed this resolution and recommends the Council adopt it as presented; and
WHEREAS, adoption of this resolution is not defined as a project under the California Environmental Quality Act (CEQA), as set forth in CEQA Guideline Section 15378(B)(5)), organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE:

SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

SECTION 2. This council hereby adopts as City Policy the procedures specified in attachment “A,” attached hereto and incorporated herein by reference, regarding mailing legal notices, publishing and posting legal notices, story poles and netting and projects for which story poles and netting are required.

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Agenda No. 13 D

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Brian Pierik, City Attorney
MEETING DATE: May 01, 2024
SUBJECT: Direction to City Manager to Notify Candidates Regarding Posting of Signs Before Election
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Motion to direct City Manager to work with City Clerk on providing notice to candidates advising them there is no time limit in advance of an election for the posting of signs.

1. 2. Take Alternative Action Related to this item

DISCUSSION
A. Legal Background
Local agencies may regulate the placement of signs and billboards.[1] However, because signs and billboards involve speech, their regulation implicates First Amendment concerns. Regulation of political signs is a particularly sensitive area because “the constitutional guarantee has its fullest and most urgent application precisely to the conduct of campaigns for political office.”[2] B. City’s Sign Code Regarding Political Signs
PGMC Section 20.04.150(h) defines “political sign” as “a sign intended to draw attention to or communicate a position on any issue, candidate or measure in any national, state or local election.”

PGMC Section 20.04.020 (h) provides the following:
“The following signs shall be allowed without a sign permit under the noted conditions and shall not be included in the determination of type, number or area of signs allowed on premises.

However, exempt signs are subject to the provisions of PGMC 20.04.120 regarding maintenance of signs.
. . . .
(h) Any number of nonilluminated political signs limited to a combined sign area not exceeding 16 square feet in residential zones and 20 square feet in other zones; provided:
(1) There is no limit to the number or area of political window signs; and (2) Political signs shall be placed, posted or erected no earlier than six weeks before the election to which they pertain, and shall be removed within seven days following such election”
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election”
C. Location of Political Signs

1.  Private Property
On private property, no permits are required to post political signs. Provided that permission has been obtained from the property owner, any number of nonilluminated political signs are allowed. However, the signs are limited to a combined sign area not exceeding 16 square feet in residential zones and 20 square feet in other zones. There is no limit to the number or area of political window signs. All signs must be maintained in good condition; dilapidated signs will be repaired or removed upon order of the community development department.

2.  Public Property
On public property, no signs, including political signs, may be attached, maintained, painted, printed, or otherwise affixed to a curbstone, lamppost, hydrant, tree, shrub, tree stake or guard, utility pole, wire, bench, sidewalk, crosswalk, traffic signpost, traffic-control device, parking meter or structure in or upon any public street, alley, or upon any other public property, except by a duly authorized public employee or required or permitted by law.

D. Time Limits on Placement of Political Signs in advance of an Election As noted above, PGMC Section 20.04.020 (h) provides that political signs may not be placed earlier than six weeks before the election to which they pertain.

However, the City cannot enforce the time limits on placing political signs in advance of an election because Courts have struck down such time limits.[3]
Other restrictions, such as size and height of signs, total aggregate area of signs/total cumulative size limit (as long as not limited to one candidate), etc., have been upheld by courts.

A requirement that political signs be removed 10 days after the election previously survived challenge in the 9th Circuit, with the court holding that signs supporting issues and candidates following an election do not raise significant First Amendment issues.[4] Therefore, the City may not enforce its requirement that political signs to be posted no earlier than six weeks before the election the recommended action is a motion to direct the City Manager to work with City Clerk on providing notice to candidates advising them there is no time limit in advance of an election for the posting of signs.

[1] Gov. Code, §§ 38774, 65850.
[2] Monitor Patriot Co. v. Roy (1971) 401 U.S. 265, 272. [3] See City of Antioch v. Candidates' Outdoor Graphic Serv. (N.D.Cal. 1982) 557 F.Supp. 52, 60 [60-day pre-election time limit invalidated]; Orazio v. Town of N. Hempstead (E.D.N.Y. 1977) 426 F.Supp. 1144, 1147 [6-week pre-election time limit invalidated]. [4] Baldwin v. Redwood City (9th Cir. 1976) 540 F.2d 1360, 1374; But see Whitton v. Gladstone (8th Cir. 1995) 54 F.3d 1400 [7 day removal rule held unconstitutional].)

OPTIONS
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1. Take Alternative Action Related to this item

2. Take no Action
FINANCIAL IMPACT:

None.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
1 - Signs Code PGMC Chapter 20.04
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Chapter 20.04
SIGNS
Sections:

20.04.010 Purposes.

20.04.020 Exempt signs – No permit required.

20.04.030 Prohibited signs.

20.04.040 Permit required.

20.04.050 Sign standards.

20.04.060 Exceptions to standards.

20.04.070 Staff sign approvals.

20.04.080 Permit applications.

20.04.090 Permit application fee.

20.04.100 Action on permit application.

20.04.110 Appeals.

20.04.120 Maintenance of signs.

20.04.130 Abatement of nonconforming signs.

20.04.140 Enforcement.

20.04.150 Definitions.

20.04.160 Inapplicability to U and O zone districts.

20.04.010 Purposes.

The city of Pacific Grove is a city possessed of natural beauty, distinctive architectural styles and historic character. The city’s economy is dependent on both a vigorous local business community and residential environment. The city acknowledges that signs and identification are important and necessary to the successful communication of business and commercial activities. Therefore, given Pacific Grove’s setting, the provisions of this chapter are intended to:
(a) Encourage the use of signs that:
(1) Protect and enhance the architectural character and harmony, and natural beauty of the community, its buildings and its various neighborhoods and districts; (2) Possess a satisfactory aesthetic effect and pleasing elements of design, which are form, proportion, material, surface treatment, and position; (3) Effectively communicate business identity and type to the public; PGCC 5-1-24

(4) Are as small in size and few in number as is consistent with their purpose of communicating identification and essential information; (b) Protect the city from sign clutter and visual blight resulting from excessive and redundant signs;
(c) Protect the right of the public to be directed, warned, advised and informed; (d) Provide the ability to utilize temporary signs for limited times with lesser visual impact than primary signs;
(e) Eliminate unnecessary distractions which may jeopardize pedestrian or vehicular traffic safety;
(f) Assure normal and necessary maintenance and repair of signs; (g) Implement applicable policies and objectives of the general plan. [Ord. 1664 N.S. § 2, 1989].

20.04.020 Exempt signs – No permit required.

The following signs shall be allowed without a sign permit under the noted conditions and shall not be included in the determination of type, number or area of signs allowed on premises.

However, exempt signs are subject to the provisions of PGMC 20.04.120 regarding maintenance of signs.
(a) Official federal, state or local government flags, emblems and historic markers; (b) Official federal, state or local government traffic, directional, regulatory and informational signs, and notices issued by any court, person or officer in performance of a public duty, or any other sign lawfully posted by any government agency;
(c) Temporary signs warning of construction, excavation or similar hazards so long as the situation exists;
(d) One or more temporary sign(s) not exceeding 24 square feet in combined area used to indicate owner, general contractor, architect and other pertinent data regarding building construction on a building site during construction only; (e) Temporary holiday decorations which do not display the name of a business or product or other advertising material;
(f) Directional signs not exceeding two square feet in area and containing no advertising material;
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(g) Signs, erected by recognized historical agencies, which show names of buildings, dates of erection and related information, provided the sign does not exceed two square feet in area; (h) Any number of nonilluminated political signs limited to a combined sign area not exceeding 16 square feet in residential zones and 20 square feet in other zones; provided:
(1) There is no limit to the number or area of political window signs; and (2) Political signs shall be placed, posted or erected no earlier than six weeks before the election to which they pertain, and shall be removed within seven days following such election;
(i) On each street frontage, for any lot or building, one single- or double-faced nonilluminated primary sign which serves solely to advertise the actual intent to sell, lease or rent or offer to build to suit on the premises where the sign is located, and two single- or double-faced nonilluminated secondary signs which serve solely to advertise information regarding the property or agent, such as but not limited to “do not disturb occupants” or an agent’s name, provided the maximum dimensions of each secondary sign are limited to six inches by 24 inches and the total combined area of the primary and secondary signs shall not exceed five square feet;
(j) Nonilluminated flat signs of not more than one square foot each which contain words protective of an occupant, such as “no trespassing,” “beware of dog,” “no circulars,” and the like, with a maximum of two such signs per premises;
(k) For each service station, not more than one freestanding sign not exceeding 20 square feet for each frontage, located on the property;
(l) Nonilluminated temporary window signs on commercially zoned property (C-1, C-FH, C-2, I, and V-C zoning districts); provided, that the total of permanent plus temporary window signs shall not exceed 25 percent of the window area of that business on any frontage. Temporary signs shall not be displayed for more than 30 consecutive days. The date of the first day of display shall be clearly indicated in the lowest left-hand corner of each sign; (m) Signs showing the location of public telephones and signs placed by utilities to show the location of underground and other public utilities;
(n) Street number signs not exceeding two per address and not exceeding one square foot per premises in commercial and industrial areas, nor 124 square inches in residential areas; (o) Menus on premises occupied by restaurants of the size normally used within the restaurants, provided such size does not exceed two square feet; PGCC 5-1-24

(p) One temporary commercial banner announcing a special event, such as a grand opening; provided, that such banner shall not exceed 20 square feet in area. The banner shall be maintained flat and against the building wall, and displayed no longer than 20 consecutive days. No more than one banner shall be displayed at any time. No more than two banners may be displayed on a premises during any 12-month period; provided, the applicant shall register with the community development department the date the banner is placed and removed; (q) Nonilluminated, off-site, portable signs, placed on private property, containing directions to the location of an open house which is for sale, unlimited in total number, but limited to one single-faced or double-faced sign per intersection corner; provided, the signs (1) shall not exceed two square feet or four feet in height, and (2) shall be removed daily immediately following a scheduled open house;
(r) Advertising devices which move in the wind (for example, stringers, pennants, pinwheels, balloons, etc.) when displayed for seven or fewer consecutive days or for fewer than 14 days in a 12-month period and when not displayed in or over the public way; (s) Banners for events of citywide importance conducted for noncommercial purposes; (t) On commercially zoned property (C-1, C-FH, C-2, I and V-C) and on property whereon a motel is an established legal use, one exposed luminary source neon tube sign of no more than three square feet, with an informational message (such as but not limited to “open,” “vacancy,” “no vacancy”). No other message or advertising of any kind may be carried on signs under this exemption. [Ord. 13-023 § 4, 2013; Ord. 13-003 § 14, 2013; Ord. 09-005 § 29, 2009; Ord. 99-08 § 1, 1999; Ord. 1875 N.S. §§ 1, 3, 1993; Ord. 1664 N.S. § 2, 1989].

20.04.030 Prohibited signs.

In addition to any sign not specifically in accordance with this chapter, the following signs are prohibited:
(a) Abandoned signs, including all structural, support, and other componential elements; (b) Flashing or blinking signs, except signal lights and other public safety signs maintained by government authority;
(c) Billboards;
(d) Advertising devices which move in the wind (for example, stringers, pennants, pinwheels, balloons, etc.) when displayed for more than seven consecutive days or for more than 14 days in a 12-month period;
(e) Flags, except the flag of any governmental entity;
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(f) Signs that rotate or move in any fashion, except barber poles; (g) Any sign which simulates or imitates any traffic sign or signal or which makes use of words, symbols or characters in such manner to interfere with, mislead or confuse pedestrian or vehicular traffic;
(h) Any sign, including a political sign, attached, maintained, painted, printed or otherwise affixed to a curbstone, lamppost, hydrant, tree, shrub, tree stake or guard, utility pole, wire, bench, sidewalk, crosswalk, traffic signpost, traffic-control device, parking meter or structure in or upon any public street, alley, or upon any other public property, except by a duly authorized public employee or required or permitted by law. Any sign prohibited by this subsection may be removed by city personnel, and persons responsible for placing the signs shall be liable for cost of removal;
(i) Any sign, except as may be required by law, placed or maintained so as to interfere with free ingress to or egress from any door, window or fire escape; (j) Signs located so as to obstruct the view of a traffic sign, signal or device, or located so as to confuse the viewers of same;
(k) Signs located on or extending over public property, except as otherwise provided in this chapter, without a valid license from the council to encroach; (l) Signs made wholly or partially of highly reflective material; (m) Signs not conforming with the following clearance requirements for communication lines, utility lines, provided further restrictions adopted by the Public Utilities Commission shall be adhered to:

Table 20.04.030 – Minimum Clearance of
Signs from Conductors
Less than
750 volts
More than 750
volts
Vertical Clearance
Above sign 3 feet 8 feet
Below sign 3 feet Prohibited
Horizontal Clearance
From conductors 3 feet 6 feet
From poles 4 feet 6 feet
(n) Signs temporarily affixed upon a vehicle parked so as to attempt to direct attention to a place of business. This shall apply to vehicles parked on either public or private property; PGCC 5-1-24

(o) Exposed luminary source signs, which are signs whose illumination source is the signing element to be read directly, without diffusion or reflection, such as exposed bulbs or tubes or neon, in any residentially zoned district;
(p) Off-premises advertising. [Ord. 1664 N.S. § 2, 1989].

20.04.040 Permit required.

No sign shall be displayed, erected, installed, suspended, attached, moved, replaced or altered except pursuant to a sign permit obtained as provided in this chapter, unless the sign is specifically exempted from permit requirements. Except for sign approvals by staff pursuant to PGMC 20.04.070, the architectural review board shall determine whether the sign permit shall be issued. A separate sign permit shall not be required for any sign subject to architectural review board approval as part of an architectural permit application for a project when reviewed as part of that project.

As an exception to this section, signs that comply with Chapter 20.05 PGMC may be displayed, erected or installed within the C-D and C-1-T zoning districts. [Ord. 13-023 § 4, 2013; Ord. 11- 001 § 7, 2011; Ord. 1664 N.S. § 2, 1989].

20.04.050 Sign standards.

Except for signs within the C-D and C-1-T zoning districts where Chapter 20.05 PGMC applies, all signs requiring permit approval shall comply with the following standards and regulations, to the extent applicable, and these standards and regulations shall be considered in reviewing applications for sign permits:
(a) Within residential zones, one identification sign may be allowed on each frontage of a planned unit development, multiple-family building, condominium complex, or institution use. (b) An individual business shall be allowed one primary sign. Additional primary signs, generally smaller in scale, may be allowed on a case-by-case basis, consideration being given to building architecture, business frontage, building size, type of business and other factors deemed pertinent to allowing more than one primary sign.
(c) Signs mounted on a building shall be integrated into the building and designed so that the architectural features and expression of the building are not obscured. Signs mounted on a building include, among others, signs painted on or attached to awnings; window signs; wall signs; signs mounted on or above the roof of a building; projecting signs; suspended signs. The maximum allowed sign area on a primary business frontage is one square foot for each lineal foot of primary business frontage. One-half square foot of sign area for each lineal foot of secondary business frontage may be allowed on a secondary business frontage. No sign shall PGCC 5-1-24

exceed 150 square feet in area. The architectural review board may restrict sign size to a lesser size than the maximum standards pursuant to the purposes of this chapter. (1) Signs mounted on or above the roof of a building, or attached to the fascia but exceeding the height of the fascia, shall be discouraged unless no feasible alternative is available, or unless such signs clearly further the purposes of this chapter. (2) To encourage variety and interest, projecting signs on private property may extend up to four feet from a building face. Council approval of an encroachment permit shall be required for all signs projecting into the public right-of-way. (3) Projecting signs, marquee signs, awning signs, and suspended signs shall maintain a minimum eight-foot clearance between the lowest point of a sign and the grade immediately below.
(d) Freestanding signs and their support structures shall be designed to respond to building architecture and setting. Freestanding signs shall not exceed 12 feet in height. The architectural review board may restrict sign height to a lesser size than the maximum standard pursuant to the purposes of this chapter.
(e) A master signing program is generally required by the architectural review board for any buildings and projects containing two or more individual businesses. (1) When a master signing program is required, the property owner shall be responsible for permit application and maintenance of the master signing program. (2) The master sign program shall include location of signs, size, type, method of mounting, illumination, and an accurate graphic representation of the actual sign design, if available.
(3) Amendments to an approved master signing program may be considered by the architectural review board upon presentation of an application with the written consent of the property owner.
(4) Additional tenant signs shall be reviewed on an individual basis to conform to the master sign program.
(f) Use of illuminated signs shall be designed to respond to the following guidelines and regulations so as to correspond with the policies of this chapter:
(1) Illumination of nonprimary signs may be allowed on commercially zoned property (C-1, C-FH, C-2, I, and V-C zoning districts), subject to the following restrictions:
(A) No more than one illuminated nonprimary sign per business; and PGCC 5-1-24

(B) The area of an illuminated nonprimary sign shall not exceed three square feet. (2) Light sources for sign illumination shall be the least visibly obtrusive of the available installation options and shall not be visible beyond the premises. The order of preference for the type of illumination is as follows, beginning with the preferred method of illumination:
(A) Indirectly illuminated signs;
(B) Internally illuminated backlit signs;
(C) Internally illuminated face signs;
(D) Exposed luminary source signs;
(E) Reflecting signs.
(3) Sign illumination shall be designed so as not to display beyond the limits of the sign area or create excessive glare. Illuminated signs shall be subject to review by the architectural review board three months after approval to assure compliance with this standard.
(4) Adjacent or surrounding light sources are to be considered in evaluating illuminated signs to avoid the overall appearance of glare or competition. (g) In nonresidential and R-3-M zones, miscellaneous nonilluminated permanent information signs, with an aggregate not to exceed two square feet at each public entrance or 10 square feet total, indicating address, hours and days of operation, whether a business is open or closed, credit information and emergency address and telephone number, may be approved as part of the signs for an establishment and in addition to the sign area allowed in subsection (c) of this section.
(h) Portable signs, such as A-frame or sandwich signs, may be allowed on private property in the C-1, C-FH, C-2, and I zones. Only one portable sign, not to exceed three and one-half feet in height and two feet in width, may be allowed per business premises. Such signage may be displayed only during business hours and shall not impede safe pedestrian passage. They shall be weighted sufficiently to keep them upright in the wind and have legs with nonskid bases. (i) Menu board signs, either fixed or freestanding, may be allowed on private property in the C1, C-FH, C-2, or I zone. Only one menu board sign, not to exceed 18 inches by 24 inches, may be allowed per business premises. Freestanding signs shall not impede safe pedestrian passage and shall be weighted sufficiently to keep them upright in the wind and shall have legs with nonskid bases. [Ord. 13-023 § 4, 2013; Ord. 13-003 § 14, 2013; Ord. 09-005 § 30, 2009; Ord. 02- 32 § 1, 2002; Ord. 1875 N.S. §§ 4, 5, 1993; Ord. 1664 N.S. § 2, 1989].

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20.04.060 Exceptions to standards.

The standards and requirements pertaining to signs contained in PGMC 20.04.050 may be modified when the architectural review board finds that a sign of unique design provides an aesthetically beneficial impact that could not be obtained through strict adherence to the provisions of this chapter, or where unusual design of a building requires special consideration. [Ord. 1664 N.S. § 2, 1989].

20.04.070 Staff sign approvals.

Except for signs within the C-D and C-1-T zoning districts where Chapter 20.05 PGMC applies, an administrative sign permit shall be issued, pursuant to the procedures in PGMC 23.70.030, for the signs described in subsection (a) of this section without the requirement for architectural permit approval. The sign described in subsection (b) of this section may be reviewed by means of a counter review and determination, pursuant to the procedures in PGMC 23.70.020, without the requirement for architectural permit approval. (a) Any flat sign in the C-1, C-FH, C-2, or I zone which has a sign area of 25 square feet or less and which is attached to or is painted on a building so as not to project more than six inches from the building and which is the only permanent sign displayed on the premises; (b) A minor sign face change within an existing and approved sign frame and/or substantially conforming to the existing sign approval and which complies with the requirements of this chapter. [Ord. 13-023 § 4, 2013; Ord. 13-003 § 14, 2013; Ord. 11-001 § 7, 2011; Ord. 1875 N.S. § 2, 1993; Ord. 1664 N.S. § 2, 1989].

20.04.080 Permit applications.

Any person desiring to obtain a sign permit shall submit an application, signed by the property owner and the applicant, to the department of community development, on a form provided by the department director, accompanied by the following information:
(a) An elevation, perspective or photograph, to scale, showing the proposed sign as it will appear on the project and showing its relationship to its surroundings; (b) In the case of a freestanding sign, a site plan showing the location of the proposed freestanding sign;
(c) A drawing or illustration, to scale, of the sign, depicting the style of lettering and showing the complete lettering;
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(d) Dimensions of building, sign and letters;
(e) Sign materials – background and lettering;
(f) Color samples;
(g) Description of any proposed illumination:
(1) Applications for illuminated signs shall include sufficient technical data of all proposed illumination systems so as to allow evaluation of proposed light levels. (2) All fixtures, types, locations, mounting and wattages shall be shown on plans and elevations, as well as catalog cut sheets.
(3) Samples of sign materials related to light transmission or reflection shall be provided with the application, depicting finishes of proposed components; (h) Construction information, including method of attachment to building, and support and base when freestanding;
(i) The extent to which, if any, the sign is proposed to project into or over public property; (j) Any additional information the department deems relevant to the application. [Ord. 1664 N.S. § 2, 1989].

20.04.090 Permit application fee.

Each application shall be accompanied by payment of the appropriate fee as prescribed by resolution of the council. [Ord. 1664 N.S. § 2, 1989].

20.04.100 Action on permit application.

Action on sign permits by the architectural review board shall be in accordance with the provisions of PGMC 23.70.060. Action on sign approvals by staff shall be in accordance with the provisions of PGMC 23.70.020 and 23.70.030. [Ord. 11-001 § 7, 2011; Ord. 1664 N.S. § 2, 1989].

20.04.110 Appeals.

Any person not satisfied with the action of the architectural review board may appeal pursuant to Chapter 23.74 PGMC (Appeals and Call-Ups). All appeals shall be accompanied by payment of the appropriate fee as prescribed in the city’s approved schedule of fees, which is available PGCC 5-1-24

from the community development department and on the city’s website. [Ord. 11-001 § 7, 2011; Ord. 1664 N.S. § 2, 1989].

20.04.120 Maintenance of signs.

All signs and their supporting members shall be maintained in good condition. Dilapidated signs shall be repaired or removed upon order by the department of community development. [Ord. 1664 N.S. § 2, 1989].

20.04.130 Abatement of nonconforming signs.

Signs which do not conform to the provisions of this chapter, but which lawfully existed and were maintained prior to April 5, 1989, shall be removed or made to conform within 60 days following written notice by the department of community development, when:
(a) A sign is more than 50 percent destroyed, and the destruction is other than facial copy replacement, and the sign is not repaired within 30 days of its destruction; (b) A sign owner, outside a change of copy, requests permission to remodel and remodels that sign, or expands or enlarges the building or land use upon which the sign is located, and the sign is affected by the construction, employment or remodeling, or the cost of construction, enlargement or remodeling of the sign exceeds 50 percent of the cost of reconstruction of the building, or an owner seeks relocation of and relocates a sign; (c) A sign is or may become a danger to the public or is unsafe; or (d) A sign constitutes a traffic hazard not created by relocation of streets or by other action of the city. [Ord. 1664 N.S. § 2, 1989].

20.04.140 Enforcement.

It is unlawful, a misdemeanor, and a public nuisance for any person to construct, maintain, display or alter, or cause to be constructed, maintained, displayed or altered any sign except in conformance with this chapter. Violations of any provisions of this chapter may be prosecuted pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 76, 2008; Ord. 1664 N.S. § 2, 1989].

20.04.150 Definitions.

As used in this chapter the following terms and phrases shall have the indicated meanings:

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“Abandoned sign” means a sign, including all structural, support, and other componential elements on a premises or structure vacant for a period of 90 days, a sign pertaining to any occupant or business different from the present occupant or business, a sign pertaining to a past event, or an illuminated sign not capable of being illuminated due to its state of repair. “Ambient building light” means light from interior or exterior lighting fixtures installed on, in or about a building or premises for the purposes of illuminating areas of circulation or task activity, excluding fixtures used solely for decoration or advertising. “Area of sign” means the number of square feet enclosed within a perimeter composed of a maximum of six sides, all at right angles, within which a sign face can be enclosed. In determining the area of an individual sign which has more than one face, the greatest area of sign faces visible from any one point shall be used.
“Awning” means a shelter projecting from and supported by the exterior wall of a building, constructed of nonrigid materials on a supporting framework. In determining sign area, only the portion of an awning occupied by lettering and/or logo or other graphic representation shall be counted.
“Banner” means a flexible sign characteristically supported at two or more points and hung on a building or otherwise suspended down or along its face, or across a public street of the city.

The banner may or may not include copy or other graphic symbols. It is generally made of fabric or other nonrigid materials with no enclosing frame. “Billboard” means a sign structure which is made available for lease or rent. “Building face” means the whole of a building visible in an elevation of the building above the adjacent sidewalk level excluding sloped-roof surfaces. “Bulletin board” means a sign on a premises which accommodates changeable copy and which displays information on activities and events.
“Business frontage” means that portion of a building which faces a street, parking lot, pedestrian mall, arcade or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass-enclosed showroom facing the street. If a building has more than one business frontage with a customer entrance, the property owner must designate one of them as the primary business frontage. Unless otherwise stated, the phrase “business frontage” means “primary business frontage.” All other business frontage is secondary frontage. As used in this definition, “parking lot” means either a publicly owned and operated parking lot or a parking lot located on the same zoning parcel as the business frontage.

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“Channel letters” are fabricated or formed three-dimensional letters used as building signs that may accommodate an internal light source. Channel letters are typically greater than three inches in depth.
“Dilapidated sign” means a sign: (a) where the lettering or background material or any part of the sign has flaked, broken off, changed color; or (b) where structural supports or frame members are visibly corroded, stained, bent, broken, dented or where the sign or supports are twisted, leaning, or at angles other than those at which the sign was originally erected. “Directional sign” means a sign which facilitates traffic flow and safety, not erected by a governmental agency, containing generic information such as but not limited to entrance/exit, caution, parking, right or left turn only, stop, towaway zone. “Directory sign” means a sign identifying the location of occupants of a building or group of buildings which are divided into rooms, suites or similar subdivisions used as separate stores, offices, studios or similar tenancies.
“Exposed luminary source” means a sign whose illumination source is the signing element to be read directly, without diffusion or reflection, such as exposed bulbs or tubes or neon. “Fascia” is a horizontal band or broad fillet covering the joint between the top of a wall and the roof surface, capping or enclosing the ends of eaves or roof framing. “Freestanding sign” means a sign not attached to any building and having its own support structure.
“Height of sign” means the vertical distance from average adjacent ground level to the top of the sign, including the support structure and any design elements. “Illuminated backlit sign” means a sign that is illuminated by a light source that projects light on surfaces adjacent to the sign components in order to generate contrast with the nonlit sign components.
“Illuminated sign” means any sign which incorporates mechanisms that reflect or glow so as to generate an illumination level of the sign that is greater than the illumination level of the adjacent surface, or the surrounding area.
“Indirectly illuminated sign” means any sign that is illuminated from an external source that projects light onto the sign surface.
“Internally illuminated sign” means any sign that is illuminated by a concealed light source that projects light through the sign face.

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“Marquee sign” means a sign placed on the face of a permanent roofed structure projecting over the building entrance, which is an integral part of the building (usually a theater or hotel) and is not a fascia, extension of the roof, or eave.
“Master sign program” means and includes the location of a sign or signs for an overall building complex or a building identification, including individual business signs and their location, size, type, method of mounting, illumination, and the relationship among all these elements. “Nonresidential zone” means any zone other than any R zone. “Off-premises sign” means any sign which directs attention to a business, service, product or entertainment not sold or offered or only incidentally sold or offered on the premises on which the sign is located.
“Pennant” means a long, tapering flag, triangular or swallow-tailed in shape. “Permanent sign” means any sign which remains in use more than 30 days. “Person” means any individual, partnership, corporation, association or government or any other legal entity.
“Political sign” means a sign intended to draw attention to or communicate a position on any issue, candidate or measure in any national, state or local election. “Premises” is a building or unified complex of buildings on one lot or on two or more contiguous lots under common ownership.
“Price sign (fuel)” means a sign on the premises of a gasoline station, which contains information on the cost and type or grade of motor fuel only. “Primary sign” means the basic sign(s) containing the name and/or logo of a business, office or other establishment.
“Projecting sign” means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall. “Public entrance” is a place of entry at a premises which is accessible to the general public. “Reflecting sign” is a sign whose surface material reflects light so as to generate a contrast between the sign and adjacent surfaces or surrounding area. “Residential identification sign” means any sign identifying an institution in a residential zone, occupant, apartment, residence, school or church, and not advertising any product or service.

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“Roof sign” means any sign located on or attached to and extending above any portion of the roof of a building.
“Sign” means any visual device or representation designed or used for the purpose of communicating a message or identifying or attracting attention to a premises, project, service, person, organization, business or event, with or without the use of words, visible from outside the premises on which such device is located.
“Sign face” means the visible sign proper including all characters and symbols (excluding essential structural elements which are not an integral part of the display) and including nonstructural frame and any material or color forming an integral part of the display or used to differentiate the message from the background.

Sign Area. See “area of sign.”
“Suspended sign” means a sign attached to and located below any permanent eave, roof or canopy and not mounted to a wall in any way.
“Temporary sign” means any sign which remains in use not more than 30 consecutive days or such other period limited to the duration of a condition or activity specified in this chapter. “Wall sign” means a single-faced sign painted on or attached parallel to a building or wall. “Window sign” means a sign applied to or attached to the surface of a window or displayed inside a building and visible through a window or similar opening for the primary purpose of exterior visibility. Nonilluminated signs located within three feet of a window and illuminated signs located within five feet of a window are considered to be window signs and are subject to the provisions of this chapter. [Ord. 13-023 § 4, 2013; Ord. 1664 N.S. § 2, 1989].

20.04.160 Inapplicability to U and O zone districts.

The provisions of this chapter shall not be applicable to the erection or maintenance of signs in the U and O zone districts. (See Chapters 23.42 and 23.44 PGMC.) [Ord. 1664 N.S. § 2, 1989].

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