O1956 (2)
f.\atty\munl\laws\barry\slgnamend-1 wpd
City Council Meeting 9-28-99
Santa MOnica, California
ORDINANCE NUMBER 1956(CCS)
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 9 52 250 AND AMENDING SECTIONS 9 52 120,952210 AND
952230 OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A
MERITORIOUS SlGN REVIEW BOARD, CRITERIA FOR THE DESIGNATION OF
MERITORIOUS SIGNS, THE PROCEDURE FOR THE REVIEW AND DESIGNATION
OF MERITORIOUS SIGNS, AND A LIMITATION ON THE PERIOD FOR FILING SIGN
ADJUSTMENT APPLICATIONS FOR NONCONFORMING SIGNS AND TO
CLARIFY THE PROCEDURES FOR ENFORCEMENT OF THE SIGN CODE
WHEREAS, Santa Monica MUnicipal Code Section 9 52.210(d) of the City's Sign
Code establishes a 15-year amortization penod for the removal of free-standmg, roof,
upper level, proJectmg, and off-premises slg ns, Includmg those signs which were previously
animated or emitting signs, If these signs were lawfully Installed pnor to the effective date
of Chapter 9.52 -- Apnl 11, 1985, and
WHEREAS, the 15-year amortization penod ends on Apnl 11, 2000, and
WHEREAS, In February 1998, the Planning CommissIon expressed concern that
certam of these nonconformmg sIgns should not be removed because these signs have
hlstonc, cultural, or aesthetiC ment, and
WHEREAS, the Planning Commission requested that the Architectural ReView
Board and the Landmarks Commission consider possible cntena for preservmg these
signs, commonly referred to as "mentorlous signs," and return to the Planning CommiSSIOn
With recommendations, and
1
WHEREAS, the Planning Commission subsequently considered the
recommendations of the Architectural RevIew Board and the landmarks Commission and
refined these proposals, and
WHEREAS, staff synthesized the recommendations of these three bodies as well
as approaches taken by other cities and presented Its recommendation to the City Council
In March 1999; and
WH EREAS, the City Council agreed that mentorlous signs should be preserved, and
WH EREAS, the City Cou nC11 approved the establishment of a MeritoriouS Sign Task
Force to formulate cntena for evaluating whether nonconforming signs should be
considered mentonous and directed staff to Initiate an amendment to the Sign Ordinance
to provide an exemption from Section 9 52.21 O(d) for mentonous signs, and
WH EREAS, on June 8, 1999, the City Council established the Mentonous Sign Task
Force and appomted five members to thiS body, and
WHEREAS, the Mentonous Sign Task Force held four publIc heanngs to discuss
and finalize recommended cntena for assessmg and deslgnatmg signs as mentorious, and
WHEREAS, thiS proposed ordmance reflects both the recommendations of the
MeritoriOus Sign Task Force and City staff
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
2
SECTION 1 Santa Monica Municipal Code Section 9.52.120 IS amended to read
as follows
9 52 120 Sign Adjustment.
In order to encourage quality, creatIVIty, and artistic expreSSion, or In
order to assure adequate business identification, a vanance from any non-
structural prOVISion of this Chapter maybe granted upon the filing of an
application for sign adjustment and subject to the following findings'
(a) That the stnct application of the provIsions of this Chapter
would result In practical difficulties or unnecessary hardships Inconsistent
With the general purpose and Intent of this Chapter or that there are
exceptional circumstances or conditions applicable to the proposed sign that
do not apply generally to other signs covered by this Chapter
(b) That the granting of a sign adjustment would not adversely
affect public safety or public welfare, and would not be detrimental or
inJUriOUS to property and improvements In the surrounding area, and that the
sign Will be harmonious With the site
A sign adjustment application shall be processed in accordance With
the procedures for a sign permit application
For the purposes ofthls Section, the prohibitions contamed In Section
9 52 150 shall be deemed to be non-structural proVISions of thiS Chapter
However, after February 1, 2000, no applications for sign adjustments may
be accepted to request retention of any nonconforming signs subject to
Section 9 52 210
3
SECTION 2 Santa MOnica MUnicipal Code Section 9.52.210 is amended to read
as follows.
Removal or modification of prohibited
nonconforming signs
Signs that have been lawfully placed before the effective date of thIs
Chapter and are not m conformance with the provisions of thiS Chapter shall
be removed orwhere applicable, modified to conform to the requirements of
thiS Chapter, m accordance with the followmg schedule.
(a) Animated signs and emlttmg signs shall be stopped from such
actIvity Within SIX months from the effective date of thiS Chapter
(b) Balloon signs; temporary signs and posters that are VISIble from a
public way, paper, cloth or plastiC streamers, flags, pennants and buntmg,
portable signs, vehicle signs that are not In conformance With Section
9.52.150(m) of thiS Chapter, and temporary Window signs above the first
story level shall be removed Within SIX months from the effective date of thIS
Chapter.
(c) Traffic sign replicas shall be removed or modIfied to comply With
the proVIsions of thiS Chapterwlthm SIX months from the effective date of this
Chapter
9.52.210
(d) Except as proVided In Section 952250, free-standing, roof,
upper level, projecting and off-premises signs, including those signs which
were previously ammated or emitting signs shall be removed or modIfied to
4
conform to the requirements of this Chapter wIthin fifteen years from the
effectlve date of thiS Chapter.
(e) Notwithstanding any other provIsion of thiS Section, any
nonconforming sign that would otherwise be prohibited by thiS Chapter shall
be removed or modified to conform to the requirements of thiS Chapter upon
any of the following
(1) If the owner, outside of a change In copy, requests permission to
remodel a sign, Including the replacement of electncal parts and tubing of a
neon sign involving a change In the external appearance or Intensity of
IlluminatIon of the sign, or expands or enlarges the bUilding or land use upon
which the sign IS located, and the sign IS affected by the construction,
enlargement, or remodeling, or the cost of construction, enlargement, or
remodeling of the sign exceeds fifty percent of the cost of reconstruction of
the building For purposes of thiS subsection, remodel does not include
normal repair or maintenance of a sign
(2) If the owner seeks relocation of the sign
(3) Ifthe sign has been more than fifty percent destroyed, and the
destruction IS other than facial copy replacement, and the display IS not
repaired Within ninety days of the date of ItS destruction
(4) If the CIty and the owner of the sIgn agree to its removal on a
given date
5
(5) If the use of the sign has ceased, or the structure upon which
the sign IS located has been abandoned by ItS owner, for a penod of not less
than ninety days
(6) Ifthe sign IS or may become a dangerto the public or IS unsafe
as determined by the Building Officer.
(7) If the sign constitutes a traffic hazard not created by relocation
of streets or highways or by acts of the City, as determined by the Director
of General Services
(f) The time period to conform to the requirements of this Chapter
shall not be extended because of any repair, maintenance or other permitted
remodeling or alteration of a sign
(g) An extension of time to remove or modify any nonconforming sign
subject to this Section may be requested by filing an application on the form
approved by the Secretary of the Architectural Review Board and In
accordance with the procedures for a sign permit application. The
application may be granted only upon a finding that the time for removal or
modification set forth In this Section does not provide for a reasonable
amortization penod commensurate with the investment Involved. An
application for an extension under this SubdivIsion shall be made within two
years after the effective date of thiS Chapter.
(h) Notwithstanding any other provIsion of the associated enterpnse
or occupant has thiS Section, thiS Section shall not apply to any sign that
may not be removed pursuant to the provIsions of Business and Professions
6
Code Section 5412 5 but only dunng the penod of time that Business and
Professions Code Section 5412.5 remains In force and effect
SECTION 3 Santa Monica MUnicipal Code Section 9 52.230 IS hereby amended
to read as follows
9.52.230. Enforcement.
(a) The BUlldmg Officer and ZOning Inspector are hereby granted the
power and authonty to Issue a Notice of Violation to the sign owner or to the
sign owner's agent or manager for any sign malntamed In violation of any
provision ofthls Chapter Action to correct such violation Issued by either the
BUilding Officer or Zoning Inspector shall be commenced by the sign owner
or the sign owner's agent or manager wlthm thirty days of the issuance of the
Notice of Violation. Proof of the commencement of action to correct the
violation must be furnished to the officer Issumg the notice or his or her
representative within thirty days of the issuance of the Notice of Violation
(b) If the sign owner, or any person responsible for the sign, falls to
respond to the Notice of Violation within thirty days or falls to correct the
violation wlthm sixty days, the owner of the premises upon which the sign IS
located shall be responsible for the removal ofthe sign and the work shall be
done wlthm sIxty days followIng the NotIce of ViolatIon The BuildIng Officer
may cause the removal of the sign In accordance With the abatement
procedures set forth m the Municipal Code
(c) Any signs In conformance With this Code pertalnmg to enterpnses
7
or occupants that are no longer utlllzmg the site shall be removed from the
site or shall have the copy/text oblIterated from such signs upon the
expiration of ninety days after the associated enterpnse or occupant has
vacated the premises Any such sign not removed or modified wlthm the
required penod shall be considered as abandoned and shall be removed by
the BUilding Officer m accordance with the abatement procedures set forth
In the MUniCipal Code
(d) Any nonconforming signs pertaining to enterpnses or occupants
that are no longer utilizing the site shall be removed from the site upon the
expiration of ninety days after the associated enterpnse or occupant has
vacated the premises Any such sign not removed wlthm the required penod
shall be considered as abandoned and shall be removed by the BUilding
Officer in accordance with the abatement procedures set forth In the
MUniCipal Code.
(e) A sign removed by the City shall be held for not less than thirty
days by the City dunng which time It may be recovered by the owner upon
payment to the City for removal and storage costs If not recovered pnor to
the expiration of the thirty day period, then the sign shall be sold m
accordance With the procedures for sale of unclaimed property. The
proceeds of the sale, less removal, storage, and sale costs, shall be paId to
the owner thereof
(f) The provIsions of thiS Section may be utilized separately from, as
an alternative to, In addition to. or In conjunction With any other remedy
8
provided by law
SECTION 4 Section 9 52 250 IS hereby added to the Santa MOnica Municipal Code
to read as follows
9.52.250 Meritorious Signs
(a) Purpose. The desIgnation of a sign as a mentonous sign IS
Intended to allow nonconformmg signs that otherwise would be required to
be removed pursuant to Section 95221 O(d) to remain if the sign or the
establishment associated with the sign are determIned to have hlstoncal or
artistiC significance to the City of Santa Monica In accordance With the
standards established m this Section.
(b) Meritorious Sign Review Board A Mentonous Sign ReView
Board IS hereby established which shall consist of five (5) members
apPointed by the City Council Of the five members, one member shall be
a member of the Planning Commission, one member shall be a member of
the Landmarks CommIssion, one member shall be a member of the
Architectural ReView Board, one member shall be a representative of the
local bUSiness communrty, and one member shall be from the community at-
large In the event a vacancy occurs dunng the eXistence of Board, the
CounCIl shall appoint a replacement member. The Board's sole functIon
9
shall be the creation of a MeritoriouS Sign List pursuant to Subsection (d) of
this Section and the Board shall dissolve once this list IS finalized
(c) Meritorious Sign Criteria The Board may designate a sign as
a mentorious sign If the sign IS the type of sign that would be subject to
removal pursuant to Section 9 52.21 O(d) and it meets the following cntena:
(1) The sign IS either historically significant or artistically significant as
defined herein
(A) Hlstoncally Slgmflcant A sign IS historically significant if the sign
was erected or created before 1970 and IS either representative of a
significant sign-making techmque or style of a hlstonc era In Santa MOnica's
history (ResorUCommuter Suburb Era, Early Motor Era, and Post War Era)
or represents entities or establishments that are an Important part of Santa
Momca's history
(B) Artistically Significant A sign IS artistically slgmficant if the sign
was erected or created between 1970 and 1985 and IS of contemporary
design, uses mnovatlve matenals with technical excellence, and represents
entities or establishments that are an Important part of Santa MOnica's
history.
(2) In addition to bemg historically or artistically significant, the sign
also meets the reqUIrements of (A), (8), or (C) of thiS subdivision
(A) The sign IS Visually Significant In one of the follOWing regards
(I) The sign possess a uniqueness and charm because it has Visually
aged
10
(II) The sign remains a classIc example of craftsmanship or style ofthe
penod when It was constructed and uses matenals In an exemplary way
(III) The sign IS architecturally mtegrated Into the structure
(B) The sign IS an inventive representation of the use, name, or logo
of the building or business
(C) The sign IS located on bUildings or properties with bUildings that
have been designated as historic landmarks or have been listed in the City's
Histone Resources Inventory.
(d) Procedure for Designation of Meritorious Signs.
City staff shall review each nonconforming sign subject to removal
pursuant to Section 95221 O(d) to assess whether the sign meets the
cntena for deSignation as a mentonous sign. Based on this reView, staff
shall prepare a draft list of mentorious signs This list shall be made
available for public review and comment prior to the first meeting of the
Mentonous Sign ReView Board This Board shall review the draft list of
meritorious signs at a public heanng conducted in a manner similar to City
Councilor Board and Commission hearmgs Any member of the public may
nominate a sign for consideration that does not appear on the list The
Board may, by majority vote of the Boardmembers present, direct staff to
undertake additional analysIs to assess whether a sign should be added to
the draft list The Board may also direct staff to undertake additional
analysIs of any sign already appearing on the list Staffs additional analyses
and recommendations shall be available for public review and comment pnor
11
to the next meeting of the MeritoriouS Sign Review Board The Board may,
by maJonty vote of the Boardmembers present, approve additions to or
subtractions from the draft list After due consideration of the draft list and
any add]tlonal signs nominated by members of the public, the MeritOriOUS
Sign Review Board shall adopt a final list of designated Mentorious Signs
(e) Appeals. A business or property owner or any other Interested
person may appeal the inclusion or exclUSion of Individual signs from the
final I]st of designated Mentonous Signs to the City CouncIl. Any appeal
must be filed Within 30 days of the date that the final list IS established by the
Mentorlous Sign ReView Board and must be accompanied by a Fifty Dollar
($50 00) filing fee The Councilor Its deSignee shall hear/review all appeals
at the earliest practical date. The deCISion of the Councilor its deSignee
upon such appeal shall be final
(f) Alteration of Meritorious Signs. If the character definmg features
of a meritorious sign are altered, the sign shall be removed or where
applicable, modified to conform to the requirements of this Chapter.
SECTION 5 Any provIsion of the Santa MOnica MUniCipal Code or appendices
thereto InconSistent with the prOVisions of this Ordinance, to the extent of such
inCOnSIstencIes and no further, IS hereby repealed or modIfied to that extent necessary to
effect the proVISions of this Ordinance.
SECTION 6. If any sectIon, subsection, sentence, clause, or phrase of this
12
Ordinance IS for any reason held to be invalid or unconstitutional by a decIsion of any court
of competent jUriSdIction, such decIsion shall not affect the validity of the remammg
portions of this Ordmance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared Invalid or unconstitutional Without regard to whether any portion ofthe ordmance
would be subsequently declared Invalid or unconstitutional.
SECTION 7 The Mayor shall sign and the City Clerk shall attest to the passage of
thIS Ordmance The City Clerk shall cause the same to be published once In the offiCial
newspaper Within 15 days after ItS adoption. ThiS Ordinance shall become effective 30
days from its adoption
APPROVED AS TO FORM.
!llIfALLd~~v<<U-
MARSHA JONES1MOUTRI E
City Attorney J
13
Adopted and approved thIS 28th day of September, 1999.
~~,11~ ()2t -
1~ O'Connor, Mayor
State of CalIfornia )
County of Los Angeles) SS.
CIty of Santa MOnIca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the
foregomg Ordmance No 1956 (CeS) had Its fIrst readmg and was adopted on September 28,
1999, by the following vote:
Ayes:
CouncIl members: Holbrook, Bloom, McKeown,
Mayor Pro Tern Genser, Mayor O'Connor
Noes:
CouncIl members: Feinstem, Rosenstem
Abstam
CouncIl members: None
Absent.
CouncIl members: None
A TTF,ST: ~
~Ilh'-_ \~ ~.,~
Mana M. Stewart, CIty - OLerk