O2002
f:\atty\muni\laws\mjm\signamend2d-1.wpd
City Council Meeting 03-27-01
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ORDINANCE NUMBER..2.Q.Q2. (ees)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 9.52,010, 9.52,070, 9,52.080, 9,52.090, 9.52,120,
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SECTIONS 9.52,240 AND 9.52,250 OF THE CITY'S SIGN ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 9.52,010 is hereby amended
to read as follows:
9,52.010 Sign Code.
The Uniform Sign Code, 1997 Edition, three copies of which are on
file in the office of the City Clerk for use and examination by the public, is
hereby adopted as the structural sign code for the City of Santa Monica and
~h~1I be referred to. toaether with ~II ~e~tions of thi~ Ch~nter. ~!'; the S~nta
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Uniform Sign Code, i 997 Edition, and this Chapter, the provisions of this
Chapter shall control.
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SECTION 2, Santa Monica Municipal Code Section 9.52.070 is hereby amended
to read as follows:
9.52.070 Review of sign permit applications.
The Secretary of the Architectural Review Board shall review all sign
applications to determine if the application is complete. If the sign
application can be administratively approved pursuant to Section 9,52,110,
such administrative approval shall occur within ten (10) days after the
application is deemed complete, If the sign application cannot be
administratively approved, the application shall be reviewed by the
Architectural Review Board at its next regularly scheduled meeting unless
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is deemed complete, The sign permit application shall be processed in
accordance with the provisions of Section 9.32.130 of this Code,
SECTION 3. Santa Monica Municipal Code Section 9,52.080 is hereby amended
to read as follows:
9.52,080 Action on sign permit applications.
The Architectural Review Board_ or the Plannina Commission on
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sign permit application. A sign appiication for signs meeting the size,
construction, location, electrification, operation, and other applicable
provisions of this Chapter shall be approved without modifications or
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conditions unless the Architectural Review Board makes one or more of the
following findings:
(a) That the shape, design, placement, color, style or quantity of text,
illumination, or reflected light of a sign or signs conflicts or interferes with
traffic, both vehicular and pedestrian, from a public safety standpoint, by
distracting attention or obstructing vision.
(b) That the shape, design, placement, color, style or quantity of text,
illumination, or reflected light of a sign or signs is incongruous with or
detracts from the distinct architectural or historic design or character of the
building to which the sign is affixed or of the neighborhood in which the sign
is located,
(c) The sign or signs obscures other signs from primary view or
dominates its immediate vicinity to such an extent as to detract from the
visibility of other signs, buildings of architectural or historic significance, or
public view corridors.
If the Architectural Review Board denies, modifies, or conditionally
approves a sign application pursuant to this Section, it shall state with
particularity the factual bases justifying the findings and shall afford the
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inadequacies of the original sign application.
The Architectural Review Board shall not deny a sign application
because of the contents or message of a sign or direct that the contents or
message of a sign be altered or modified as a condition of approval.
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The Secretary of the Architectural Review Board shall certify the final
actiol"l ofthe Architectural Review Board, or Planning Commission on appeal,
on the sign permit application and when required, on any permit to be issued
by the Building and Safety Division.
Approval of the sign permit application does not im'ply approval by the
Building and Safety Division from which one or more permits may also be
required.
The Secretary of the Architectural Review Board shall maintain a
record of all applications filed under this Chapter and of all action of the
Architectural Review Board or Planning Commission of such applications.
SECTION 4. Santa Monica Municipal Code Section 9,52,090 is hereby amended
to read as follows:
9.52.090 Appeal.
Any decision of the Architectural Review Board under this Chapter
may be appealed to the Planning Commission by the applicant or any
interested person, or by any member of the City Council or Planning
Commission, Notice of any appeal from the ruling of the Board must be filed
within ten (10) calendar days of the date that such ruling is made, and must
be accompanied, except in the case of a review by request of a member of
the City Council or the Commission, by the fee established by Section 9151
of Chapter 9.04. Article 9 of the Santa Monica Municipal Code, When such
an appeal is made from a ruling of the Board, the Commission shall hear the
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appeal within thirty (30) days of the receipt of said notice of appeal unless
unique and unforeseeable circumstances prevent the hearing of the appeal
at that time. The Commission shall base its decision on the evidence
submitted to it at said hearing, and upon the record from the Board and such
other records as may exist in the case, The decision ofthe Commission upon
such appeal, relative to any matter within the jurisdiction of the Board, shall
be fmal.
SECTION 5. Santa Monica Municipal Code Section 9,52.120 is hereby amended
to read as follows:
9,52,120, Sign adjustment.
In order to assure adequate business identification, a variance from
any nonstructural provision of this Chapter may be granted upon the filing of .
an application for sign adjustment and subject to the following findings:
(a) The strict application of the provisions of this Chapter would
result in practical difficulties or unnecessary hardships for the business or
property owner.
(b) There are exceptional circumstances or conditions unique to the
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(c) The granting of the requested variance would not be materiaiiy
detrimental to the property owners in the vicinity,
(d) The granting of the variance would not be contrary to the general
objectives of this Code and to the City's General Plan.
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A sign adjustment application shall be processed in accordance with
the procedures for a sign permit application.
For purposes of this Section, the prohibitions contained 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.
SECTION 6. Santa Monica Municipal Code Section 9.52.130 is hereby amended
to read as follows:
9.52.130 Signs exempt from ARB approval.
The following signs are exempt from the permit requirements of this
Code but must be in conformance with all other applicable requirements of
this Code:
(a) Building Identification Signs. Building identification signs not to
exceed two square feet in area.
(b) Construction Signs. Construction signs not to exceed twenty-four
square feet each in area and not more than six feet in height above grade
and limited to one sign for each street frontage, provided that such signs are
related to a current building permit and are removed upon completion of
construction.
(c) Convenience Signs. Convenience signs not to exceed two square
feet in area for each sign.
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(d) Holiday Decorations. Holiday displays not to exceed a total of six
weeks of display during any calendar year.
(e) Political and Noncommercial Signs. Political and noncommercial
signs provided that they are not of the type prohibited by Subdivisions (a),
(b), (c), (h), U), (k), or (I) of Section 9.52.150.
(f) Real Estate Signs. Real estate signs in a residentially zoned
district which are located on the pertinent site, are not illuminated, do not
exceed six feet in total area and not more than six feet in height; plus no
more than three twelve inch by four inch riders, plus one "open house" sign
not exceeding three square feet in area, plus no more than one six inch by
eighteen inch pennant for each twenty linear feet of street frontage. In
addition, four real estate off-premises directional signs not exceeding four
square feet in area and not exceeding six feet in height is permitted per site.
Real estate signs in a commercially or industrially zoned district which
are located on the pertinent building, are not illuminated, do not exceed
twenty-four square feet each, are not higher than thirty inches above the
second floor line, and which are limited to one sign for each building and
must be attached to the building. Properties with a lot width of fifty feet or
less shall be limited to sixteen square feet per site for real estate signs.
Real estate signs are non-permanent signs and must be removed
when the advertised transaction has been completed.
(g) Regulated Signs. Signs regulated by or required by any
governmental agency.
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(h) Tablets and Plaques. Tablets and plaques of metal or stone,
installed by a recognized historical agency for the purpose of identification
and not exceeding twenty-four inches in any dimension.
(i) Temporary Window Signs. Temporary window signs not to
exceed twenty percent of the first floor's total frontage glass area and limited
to two thirty-day periods in any calendar year each site. Temporary window
signs shall not extend above the second floor line. Temporary window signs
are not included in allowable sign area.
U) Theatre Sign. Theatre sign copy or display changes on existing
theatre marquee signs or permanently affixed display cases.
(k) Banners, Flags and Pennants. Banners, flags, and pennants that
do not directly advertise the business or activity located on the building site,
provided that no more than three such banners, flags, or pennants for each
site are exempt under this Section.
(I) Change of Copy of Billboards. The change of copy of any off-
premises sign.
(m) Temporary Business Banners. Temporary banners either
announcing the opening of a new business, not to exceed twenty percent of
the facade of the building upon which the banner is to be located, or
identifying a business whose permanent signage is blocked due to
construction activities, not to exceed the dimensions of the blocked signage.
However, in no event shall a temporary business banner be larger than one
hundred square feet or extend above the second floor floor line. There shall
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be a limit of one such banner per business for one sixty day period. These
banners shall not be included in allowable sign area.
SECTION 7. Santa Monica Municipal Code Section 9.52.140 is hereby amended
to read as follows:
9.52.140 Permitted signs.
When reviewed and approved by the Architectural Review Board,
signs shall be permitted under the following provisions:
(a) Attraction or Reader Boards. Attraction or Reader Boards so
long as they do not exceed twenty percent oftotal allowable sign area. Copy
must be changed periodically during each calendar year.
(b) Awning Signs. Awning signs painted or printed on the surface of
the awning material.
(c) Ground Signs. One ground sign for each site in the commercial
and industrial districts. A monument type sign is permitted so long as it does
not exceed six feet in height above grade. A pylon type sign is permitted as
long as it does not exceed thirty inches in width and does not exceed sixteen
feet in height above grade. The maximum area of one side of a ground sign,
including its base, is forty square feet.
(d) Light Bulb Strings.
(e) Marquee Signs. Marquee signs that do not extend more than
twelve inches from the surface of the marquee, nor provide less than eight
feet of clearance above ground level are permitted.
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(f) Special Event Signs. Special event signs other than those that
requir:e City Council Approval pursuant to Section 4.08.490 of this Code.
(g) Statues.
(h) Wall Signs. Wall signs so long as the display surface of the sign
does not extend more than twelve inches from the wall, is parallel with the
wall, does not project above the top of the wall or parapet or more than thirty
inches above the second floor floor line in multistoried buildings, and does
not contain copy or lighting on any surface parallel with the wall other than
the sign face. A wall sign may be located on the sloping surface of a roof,
with no air space between the roof and the sign, may not project above the
high point of the roof and may not be more than twelve inches in depth.
(i) Permanent Window Signs. Permanent window signs so long as
the sign area does not exceed twenty percent of the first floor's total frontage
glass area.
SECTION 8. Santa Monica Municipal Code Section 9.52.160 is hereby amended
to read as follows:
9.52.160 Total sign area permitted by district.
(a) The total sign area factors set forth in this Section govern the
aggregate square footage of all nonexempt signs externally placed or
externally visible at a given site. The factors are related to the building or
store frontage measured along the site street address.
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(b) The total operative frontage dimension for structures located on a
street corner site is one and one-half times the building's address frontage.
For such corner locations, no more than two-thirds of the total allowable sign
area shall be permitted facing on one or the other street.
(c) For all multiple-use buildings in commercially or industrially zoned
districts, the size of signs pertaining to each business or use is governed by
that portion of the building frontage occupied by that business or use; the
total sign program is governed by the total building frontage. If in addition to
any entrance from public streets there is a public entrance from an alley or
from a parking lot, additional sign area of one-half square foot per foot of that
building frontage is allowed on that side of the premises, not to exceed
twenty square feet. If there is no public entrance, signage on that side is
limited to a business identification sign, not to exceed two square feet.
(d) Notwithstanding the maximum sign area calculated by use ofthese
factors, no single sign shall exceed one hundred square feet in area at any
location.
(e) Notwithstanding the maximum sign area calculated by use ofthese
factors, no business in a commercial or industrial district is required to have
signage of less than twenty-five square feet in area.
(f) The maximum sign area is as follows:
(1) R1/0P1--0ne Family Residential District. Applicable exempt
signs;
(2) R2R10PD-Duplex Residential District. Applicable exempt signs;
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(3) All Multiple Residential Districts. A maximum of one-fourth
squar.e foot of sign area for each linear foot of building frontage with the total
nonexempt sign area not to exceed twenty-five square feet. Externally
illuminated signs are permitted forthe purpose of building name and address
identification;
(4) Hotels in R-4 Multiple Residential District. A maximum of one
square foot of sign area for each linear foot of building frontage. Internally
illuminated signs are permitted;
(5) All BSC, C3, & C3C Commercial Districts. For other than street
corner locations, a maximum of one square foot of sign area for each linear
foot of building or store frontage. For street corner locations, a maximum of
one square foot of sign area for each linear foot of building or store frontage
for each street facing frontage. The provisions of Section 9.52.160(b) shall
not apply;
(6) All other commercial and industrial districts. A maximum of
one square foot of sign area for each linear foot of building or store frontage;
(7) A--Oft-Street Parking Districts. The same as the sign
requirements in the appropriate adjacent residential district.
SECTiON 9. Santa Monica Municipal Code Section 9.52.200 is hereby amended
to read as follows:
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9.52.200 Signs on street.
. (a) No person shall erect, suspend or maintain a sign on, across, or
above any street, alley or public place, or any portion thereof, except as may
be allowed or required by the Municipal Code, or the laws of the State or of
the United States.
(b) Nothing in the Santa Monica Sign Code shall be deemed or
construed to prohibit, upon this issuance of the permits required herein, the
erection, suspension, or maintenance of any such sign within or at the
recognized boundary of the City, on, across, or above any such streets,
alleys, or public places or any portion thereof, such signs to bear exclusively
the name of such City and any appropriate words of welcome, or information
concerning said City, without the addition of any words, advertising, figure or
devices of any kind.
SECTION 10. Santa Monica Municipal Code Section 9.52.210 is hereby amended
to read as follows:
9.52.210 Removal or modifications .of prohibited
nonconforming signs.
Signs that have been lawfully placed before the effective date of this
Chapter and are not in conformance with the provisions of this Chapter shall
be removed orwhere applicable, modified to conform to the requirements of
this Chapter, in accordance with the following schedule:
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(a) Animated signs and emitting 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 bunting;
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 ofthis Chapter within six months from the effective date of this
Chapter.
(d) Freestanding, roof, upper level, projecting and off-premises signs,
including those signs which were previously animated or emitting signs shall
be removed or modified to conform to the requirements ofthis Chapter within
fifteen years from the effective date of this Chapter unless the sign was
designated a meritorious sign by the Santa Monica City Council on March
22,2000. Notwithstanding the preceding sentence, if the character defining
features of a meritorious sign are altered, the sign shall be removed orwhere
applicable, modified to conform to the requirements 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:
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(1) If the owner, outside of a change in copy, requests permission to
remoc~el a sign, including the replacement of electrical 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) If the 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) 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 period of not less
than ninety days.
(6) If the 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.
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(f) The time period to conform to the requirements of this Chapter
shall Rot 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 period
commensurate with the investment involved. An application for an extension
under this subsection shall be made within two years after the effective date
of this Chapter.
(h) Notwithstanding any other provision of the associated enterprise
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
Code Section 5412.5 but only during the period of time that Business and
Professions Code Section 5412.5 remains in force and effect.
SECTION 11. Santa Monica Municipa! Code Section 9.52.240 is hereby repealed
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1I11l;,:) CIILllt:ay.
SECTION 12. Santa Monica Municipal Code Section 9.52.250 is hereby repealed
in its entirety.
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SECTION 13. 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 14. If any section, subsection, sentence, clause, or phrase of this
Ordinance.is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 15. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. 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:
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MARSHA JONES MOUTRIE .
City Attorney
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