O2275f:\atty\muni\laws\barry\signcodeamend08 10-14-08 [2"d]Ord2d
City Council Meeting 10-14-08 Santa Monica, California
ORDINANCE NUMBER 2z~5 (CCS)
(City CounciLSeries)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.52.020, 9.52.030,
9.52.120, 9.52.130, 9.52.140, 9.52.150, AND 9.52.200 AND ADDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.52.125, AND 9.52.135 RELATING TO SIGNS
WHEREAS, the City's Sign Code was originally adopted in 1985 and as detailed
in the administrative record and in Santa Monica Municipal Code Section 9.52.020,
advances a variety of purposes and interests, including but not limited to, protecting the
health, safety, property, and welfare of the public; providing a neat, clean, orderly and
attractive appearance of the community, improving the effectiveness of signs, providing
for safe construction, location, erection, and maintenance of signs, preventing the
proliferation of signs and sign clutter, and minimizing adverse visual safety factors to
travelers of public streets and sidewalks; and
WHEREAS, in developing this ordinance and the currently proposed
amendments, the City Council has been mindful of legal principles relating to regulating
signs and the City Council does not intend to suppress or infringe upon any expressive
activities protected by the First Amendment of the United States and California
Constitutions; and
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WHEREAS, in assessing the proposed amendments to the Sign Code, the City
Council has considered decisions of the United States Supreme Court and the United
States Court of Appeals for the Ninth Circuit, including but not limited to: Metromedia,
Inc. v. City of San Diego, 452 U.S. 490 (1981); City of Ladue v. Gilleo, 512 U.S. 43
(1994); National Advertising Co. v. City of Orange, 861 F.2d 246 (9th Cir. 1988); Desert
Outdoor Advertising v. City of Moreno Valley, 103 F.3d 814 (9th Cir. 1996); Foti v. City of
Menlo Park, 146 F.3d 629, 635 (9th Cir. 1998); Clear Channel Outdoor Inc. v. City of Los
Angeles, 340 F.3d 810 (9th Cir. 2003); Lombardo v. Warner, 353 F.3d 774 (9th Cir.
2003); G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d 1064 (9th Cir. 2006); Desert
Outdoor Advertising v. Oakland, 506 F.3d 798 (9th. Cir.. 2007); .Get Outdoors II, LLC, v.
City of San Diego, 506 F.3d 886 (9th Cir. 2007); Outdoor Media Group, Inc. v. City of
Beaumont, 506 F.3d 895 (9th Cir. 2007); and
WHEREAS, the amendments to the Sign Code contained in this proposed
ordinance have been made to ensure that the Sign Code continues to comply with
evolving constitutional principles as set forth in these decisions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Section 9.52.020 is hereby amended
to read as follows:
Section 9.52.020. Findings, purposes, and
policies.
The City Council finds and declares:
(a) It is the intent of the Santa Monica Sign Code to
preserve and enhance the aesthetic, traffic safety and
environmental values of the city while at the same time
providing for channels of communication to the public;
including, but not limited to, identifying and advertising
businesses within the City. The purpose of this Code is to
provide minimum standards to safeguard life, health,
property and public welfare through the regulation and
control of the design, materials, construction, size, location
and maintenance of signs and sign structures.
(b) It is the City's policy to regulate signs in a
manner which is consistent with the free speech provisions
of the United States Constitution and the liberty of speech
provisions of the California Constitution, by enacting
regulations which. are content neutral.
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(c) An excess of large, ugly, intense signs causes a
visual blight on the appearance of the City by detracting from
views of structures and open space. This visual blight
adversely affects the aesthetic quality of life and traffic safety
in Santa Monica for residents, businesses, pedestrians,
tourists, and persons in vehicles. In order to promote the
appearance of the City, while protecting the rights of sign
owners to expression and identification, the regulation of
existing and proposed signs is necessary to protect the
public health, safety and general welfare.
(d) The purpose of the Santa Monica Sign Code is to
encourage signs which are integrated with and harmonious
to the buildings and sites which they occupy, to eliminate
excessive and confusing sign displays, to preserve and
improve the appearance of the City as a place in which to
live and to work and as an attraction to nonresidents who
come to visit or trade, and to restrict signs which increase
the probability of accidents by distracting attention or
obstructing vision.
(e) The Santa Monica Sign Code provides minimum
standards to safeguard life, safety, property and public
welfare by reviewing design and by regulating size,
construction, location, electrification, operation and
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maintenance of all signs and sign structures exposed to
public view within the City. The visual appearance arid traffic
safety of the City cannot be achieved by measures less
restrictive than the procedures and standards of this
Chapter.
(f) The City has extensive and wide-ranging
programs regulating the aesthetics of its public streetscape
and private development.
(g) It is also the intent of the City to regulate signs
consistent with California Business and Professions Code
Section 5490-5497 to the maximum extent permitted by
state law.
(h) To ensure that the Santa Monica Sign Code is
neutral with respect to noncommercial messages, subject to
the property owner's consent, a noncommercial message of
any type may be substituted for any duly permitted or
allowed commercial message or any duly permitted or
allowed noncommercial message, provided that the sign
structure or mounting device is legal without consideration of
message content: Such substitution of message may be
made without any additional approval or permitting. This
provision prevails over any more specific provision to the
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contrary within this Chapter. The purpose of this provision is
to prevent any inadvertent favoring of commercial speech
over noncommercial speech, This provision does not create
a right to increase the total amount of signage on a parcel,
lot, or land use; does not affect the. requirement that a sign
structure or mounting device be properly permitted; does not
allow a change in the physical structure of a sign or its
mounting device; does not allow the substitution of an off-
premises commercial message in place of an on-premises
commercial message; does not allow one particular on-
premises commercial message to be substituted for another
without otherwise complying with this Sign Code; and does
not excuse compliance with an approved sign program.
SECTION 2. Santa Monica Municipal Code Section 9.52.030 is hereby amended
to read as follows:
Section 9.52.030. Definitions.
The following words and phrases are used in the
.Santa Monica Sign Code shall have the following meanings:
(a) Abandoned Sign. A sign which no longer
advertises or identifies a legal business establishment,
product or activity.
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(b) Alteration. Any change in copy, color, size or
shape, which changes appearance of a sign, or a change in
position, location, construction or supporting structure of a
sign, except that a copy change on an attraction or reader
board is not an alteration.
(c) Animated Sign. Any sign which has any visible
moving part, flashing or osculating lights, visible mechanical
movement of any description, or other apparent visible
movement achieved by any means.
(d) Area of Sign. The area included within the
outer dimensions of a sign. On signs with more than one
face, that face or those faces visible from anyone direction
at one time will be counted at one hundred percent of visible
area; other faces will be counted at fifty percent of their area
in calculating total sign area. In the case of a sign placed on
a wall or other surface, without any border, the area shall be
computed by enclosing the entire sign within two sets of
parallel lines.
(e) Attraction or Reader Board. Any sign having
changeable copy for the purpose of advertising events,
sales, services or products provided on the site.
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(f) Awning. A shelter extending from the exterior
wall of a building and composed of nonrigid materials except
for the supporting framework.
(g) Awning Sign. Any sign painted on or attached
to or supported by an awning.
(h) Balloon Sign. A lighter-than-air gas-filled
balloon tethered in a fixed location.
(i) Billboard or Poster Panel. An off-premises
sign.
Q) Building Frontage. The linear dimensions of a
building which faces upon a public street, projected along.
the street property lihe. Where a building faces two or more
streets, the frontage containing the principal street address
shall be designated as the building frontage.
(k) Building Identification Sign. Any sign
containing the name or address of a building and may
include hours of operation and emergency information, such
sign being located on the same site as the structure.
(I) Changeable Copy Sign. An attraction or reader
board.
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(m) Commercial Sign. Any sign with wording, logo,
or other representation that, directly or indirectly, names,
advertises or calls attention to a business, product, service,
profession, commodity, event, person, institution, or other
commercial activity or otherwise contains commercial
speech.
(n) Commercial speech. Any message proposing a
commercial transaction or related to the economic interests
of the speaker and its audience.
(o) Emitting Sign. A sign which emits sound, odor,
or visible matter such as smoke or steam.
(p) Free-Standing Sign. Any sign which is
permanently affixed in or upon the ground, supported by one
or more structural members, with air space between the
ground and the sign face.
(q) Grade. The level of the site at the property line
located at the closest distance to the sign.
(r) Ground Sign. Any sign which is neither
attached to nor part of a structure and which is permanently
affixed in or upon the ground with no air space between the
ground and the sign face.
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(s) High Rise Sign. Any sign located on a building
four or more stories in height that is between the top of the
parapet or high point of the building, exclusive of penthouse
structures, and the horizontal line not more than fifteen feet
below the top of the parapet or high point of the building on
the side of the building to which the sign is affixed.
(t) Illegal Sign. Any sign placed without proper
approval. or permits as required by the Santa Monica
Municipal Code at the time of sign placement. Illegal sign
shall also mean any sign placed contrary to the terms or time
limits of any permit and any nonconforming sign which has
not been .brought into compliance with the provisions of
Sections 9.52.210 and 9.52.220 of this Chapter:
(u) Illuminated Sign. Any sign for which an artificial
source of light is used in order to make readable the sign's
message, including internally and externally lighted signs
and reflectorized, glowing or radiating signs.
(v) Light Bulb String. A display consisting of a row or
rows of bare light bulbs.
(w) Logo, Logogram, or Logotype. An emblem, letter,
character, pictograph,. trademark, or symbol used to
represent the firm, organization, entity, or product.
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(x) Marquee. A permanent rooflike shelter extending
from part or all of a building face and constructed of some
durable material which may or may not project over a public
rig ht-of-way.
(y) Marquee Sign. Any sign painted on or attached to
or supported by a marquee.
(z) Monument Sign: A ground sign having a
horizontal dimension greater than its vertical dimension.
(aa) Mutal. A picture on an exterior surface of a
structure.
(bb) Neon Signs. A sign with tubing that is internally
illuminated by neon or other electrically charged gas.
(cc) Noncommercial sign. Any sign which is not a
commercial sign as defined herein.
(dd) Noncommercial speech. Any message which is
not commercial speech as defined herein.
(ee) Nonconforming Sign. A sign which was validly
installed under laws or ordinances in effect at the time of its
installation, but which is in conflict with the provisions of the
Santa Monica Sign Code.
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(ff) Off-Premises Sign: A commercial sign which
displays any message directing attention to a business,
product, service; profession, commodity, activity, event,
person, institution, or other commercial message which is
generally conducted, sold, manufactured, produced, offered
or occurs elsewhere than on the premises where such sign
is located.
(gg) On-Premises Sign. A commercial sign that is
other than an off-premises sign.
(hh) Permanent Sign., Any sign that is a legally
placed sign which is intended to be and is so constructed as
to be of a lasting and enduring condition, remaining
unchanged in character, condition (beyond normal wear) and
position and in a permanent manner affixed to the ground,
wall, or building.
(ii) Pole or Post Sign. Afree-standing sign.
(jj) Portable Sign. Any movable sign not
permanently attached to the ground or a building.
(kk) Projecting Sign. A sign which projects from and
is supported by a wall or parapet of a building with the
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display surface of the sign in a plane perpendicular to or
approximately perpendicular to the wall.
(II) Public Sign, A sign on public property open to
the public which is erected or maintained by a public agency
or which serves to fulfill a permit condition imposed by a
public agency such as a sign erected to preserve the safe
and efficient control of traffic and parking or to provide
notification of essential governmental services.
(mm) Pylon Sign. A ground sign having a vertical
dimension greater than its horizontal dimension.
(nn) Revolving or Rotating Sign. An animated sign.
(oo) Roof Sign. Any sign. erected upon a roof,
parapet, or roofmounted equipment structure and extending
above a roof, parapet, or roofmounted equipment structure
of a building or structure.
(pp) Sign. Any name, figure, character, outline,
display, announcement, or device, or structure supporting
the same, or any other device of similar nature designed to
attract attention outdoors, and shall include all parts,
portions, units, and materials composing the same, together
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with the frame, background, and supports or anchoring
thereof.
(qq) Sign Cans. A sign with a metal can and an
internally illuminated plastic face. A change in the face of a
sign can is considered to be a change in copy and not
subject to review if it affects only the message of the sign,
and does not change the color of background or letters, size
or location of letters, or otherwise alter the general
appearance of the sign. Painted or panel signs shall be
reviewed similarly to sign cans.
(rr) Sign Face. An exterior display surface of a sign
including non-structural trim exclusive of the supporting
structure.
(ss) Sign Program. A coordinated program of all
signs, including exempt and temporary signs for a business,
or businesses if applicable, located on a development site.
The sign program shall include, -but not be limited to,
indications of the locations, dimensions, colors, letter styles
and sign types of all signs to be installed on a site.
(tt) Site. All the contiguous-ground area legally
assembled into one development location.
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(uu) Special Event Sign_ A sign authorized through
a community events permit issued pursuant to Santa Monica
Municipal Code Chapter 4.68
(vv) Statue. A three-dimensional representation,
including a sculpture. A statue that is .related to the
advertisement of any product or service or the identification
of any business is a sign
(ww) Super Graphic. A painted design which covers
all or a major portion of a wall, building or structure.
(xx) Temporary Sign. Any sign, not permanently
attached to the ground or a structure, which is installed or
placed for a limited duration.
(yy) Total Sign Area. The sum of the areas of all
externally viewable signs on a site, excluding the area of any
signs exempt from Architectural- Review Board approval
under Sections 9.52.125, 9.52.130, and 9.52..135.
(zz) Upper Level Sign. Any sign mounted on a
building that is placed in whole or in part between thirty
inches above the second floor floor line and the top of a
parapet or roof line, but does not include a high rise sign.
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(aaa) Vehicle Sign. Any sign permanently or
temporarily attached to or placed on a vehicle or trailer.
(bbb) Wall Sign. Any sign attached to or painted on
the wall of a building or structure in a plane- parallel or
approximately parallel to the plane of said wall.
(ccc) Window Sign. Any sign viewable through and/or
affixed in any manner to a window or exterior glass door
such that it is viewable from the exterior, including signs
located inside a building but visible primarily from the outside
of the building.
SECTION 3. 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 which would be
inconsistent with the purposes of this Chapter and which
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would arise from unique physical or topographic
circumstances or conditions of project design;
(b) The granting of the requested variance would
not constitute a grant of special privilege inconsistent with.
limitations imposed on similarly zoned properties or
inconsistent with the purposes of the zoning regulations;
(c) The granting of the requested variance would
not be incompatible with other nearby signs, other elements
of street and site furniture and with adjacent structures.
Compatibility shall be determined by the relationships of the
elements of form, proportion, scale, color, materials, surtace
treatment, overall sign size and the size and style of
lettering.
(d) The granting of the variance would not be
inconsistent with the purposes of this Chapter.
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
nonstructural provisions of this Chapter.
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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 4. Santa Monica Municipal Code Section 9.52.125 is hereby added to
read as follows:
Section 9.52.125. Exempt Signs.
The following signs are exempt from the provisions of
the Sign Code:
(a) All signs which are placed inside a structure or
building and which are either not visible through windows or
building openings or are located a minimum of five feet from
such windows or openings and from an adjacent window
merchandise display base, if any.
(b) Signs authorized by a Community Events
Permit issued pursuant to Santa Monica Municipal Code
Chapter 4.68.
(c) Pole Banners and Over-the-street banners
authorized pursuant to Santa Monica Municipal Code
Section 4.08.500.
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(d) .Noncommercial signs provided that they are
not of the type prohibited by subsections (a), (b); (c), (d), (i),
(j) (k), (I), or (m) of Section 9.52.150 or by Section 9.52.200.
SECTION 5. Santa Monica MunicipaC Code Section 9.52.130 is hereby amended
to read as follows:
Section 9.52.130. Permanent Signs exempt from
ARB approval.
The following signs are exempt from the- permit
requirements of this Code. The use of these signs does not.
affect the amount or type of signage otherwise allowed by
this Chapter. All signs listed in this Section 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
which are authorized based on the City's compelling health
and safety interest in ensuring that safety personnel and
members of the public can immediately identify the name
and/or location of the property, the hours of operation, and
emergency information;
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(b) Exterior signs erected on or immediately
adjacent to an entrance, exit, rest room, office door,
telephone, or similar property feature provided that the sign
does not exceed two square feet in area for each sign (which
typically contains information such as "no parking;"
"entrance," "service entrance," "restrooms," "manager," and
"exit") so long as the number of exempt exterior signs do not
exceed two per parcel for each street frontage.
(c) Public signs provided that they are not of the
type prohibited by subsections (a), (b), (c), (h), (i), Q), (k), (I),
and (m) of Section 9.52.150.
(d) Tablets and Plaques. Tablets and plaques of
metal or stone, installed by an historical agency, including
names of buildings and date of erection, and not exceeding
twenty-four inches in any dimension;
(e) Theatre Sign. Theatre sign copy or display
changes on existing theatre marquee signs or permanently
affixed display cases;
(f) 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
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than three such banners, flags, or pennants for each site are
exempt under this Section;
(g) Change of Copy of Billboards. The change of
copy of any off-premises sign;
SECTION 6. Section 9.52.135 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 9.52.135 Temporary Sign Regulations.
The following signs are exempt from the permit
requirements of this Code. The use of these signs does not
affect the amount or type of signage otherwise allowed by
this Chapter, All signs listed in .this Section must be in
conformance with all other applicable requirements of this
Chapter and the City's Municipal Code:
(a) Basic Requirements Governing Temporary
Signs.
(1) Illumination: No temporary sign .shall be
internally or externally illuminated.
(2) Location:
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(A) Except as provided by this section, no
temporary sigh shall extend into, on or over the public right
of way of any street, alley, or other public property.
(B) No temporary sign shall extend into the
hazardous visual obstruction zone as established by Santa
Monica Municipal Code Section 9.04.10.02.090.
(3) Maintenance: Temporary signs shall be kept
neat, clean and in good repair. Signs which are faded, torn,
damaged or otherwise unsightly or in a state of disrepair
shall be immediately repaired or removed.
(4) Placement: No temporary sign shall be
attached to trees, shrubbery, utility poles, or traffic control
signs or devices. They shall not obstruct or obscure primary
signs on adjacent premises.
(5) No temporary sign shall be erected or maintained
which, by reason of its size; location or construction,
constitutes a hazard to the public or impairs accessibility.
(6) Collection and Retrieval of Temporary Signs
Placed in the Public Right of Way.
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(A) The City may collect temporary signs placed in
the public right of way which are not authorized by this
Chapter.
(B) Each sigh collected will be stored for a
minimum of 30 days.
(C) Notice will be mailed or otherwise provided
within 3 business days of the date of collection to the owner
of each sign if the ownership is reasonably discernible from
the sign or is on file with the City's Community Maintenance
Department.
(D) The owner of a sign may retrieve a sign
collected by the City within 30 days of the collection date.
The owner must present proof of ownership of the sign and
pay a sign retrieval fee in an amount established by
resolution of the City Council.
(b) Authorized Temporary Signage In Any
Residential Zone. In any residential zone, temporary
signage shall be allowed for each and every lot without
issuance of a permit and shall not affect the amount of type
of signage otherwise allowed by this Code. This signage
shall not be restricted by content, but usually and
customarily relates to an event such a real estate sale,
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garage sale, home construction or remodeling, etc. Signage
shall be allowed for each lot as follows:
(1) One temporary on-premises sign on property
that is for sale, lease or rental not exceeding six square feet
in total area and not more than six feet in height; plus no
more than three twelve inch by four inch riders, plus no more
than one six inch by eighteen inch pennant for each twenty
linear feet for street frontage, provided the sign is removed
within fifteen days from the sale, lease or rental of the
property. An additional sign of the same size may be erected
if the property borders a second street and the signs are not
visible simultaneously. On tracts of land of more than 2
acres in residential zones the sign area may be increased to -
32 square feet. In no case shall the sign or signs be erected
for more than twelve (12) months.
(2) One temporary on-premises sign on property that
is undergoing construction or remodeling not exceeding
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 the sign is removed within seven
days of completion of any construction or remodeling.
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(3) One temporary on-premises sign not
exceeding four square feet in area which is erected a
maximum of two times per calendar year for a maximum of
two days each display and which is removed by sunset on
any day it is erected.
(4) Four temporary signs not exceeding six feet in
height placed on private property within five hundred (500)
feet of a property for sale or lease during the hours that the
property is open to the public for viewing
(5) Public Signs provided-that they are not of the type
prohibited by subsections (a), (b), (c), (i), Q), (k), (I), or (m) of
Section 9.52.150.
(c) Authorized Temporary Signage In Any
Commercial Zone. In any commercial or industrial zone,
temporary signage shall be allowed for each and every lot
without issuance of a permit and shall not affect the amount
or type of signage otherwise allowed by this Code. This
signage shall not be restricted by content, but is usually and
customarily related to an event such as a real estate sale,
construction or remodeling, etc. The signage shall be
allowed for each lot as follows:
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(1) One temporary on-premises sign which is
located on the building that is for sale, lease, or rental, not
exceeding 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, provided. said signs are removed within fifteen
days from the sale, lease or rental of the property. Properties
with a lot width of fifty feet or less shall be limited to sixteen
square feet per site. An additional sign of the same size
may be erected if the property, borders a second street and
the signs are not visible simultaneously.
(2) One temporary on-premises sign on property that
is ongoing construction or remodeling not exceeding 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 the sign is removed within seven days of
completion of any construction or remodeling.
(3) One temporary on-premises banner on a
business that is newly opened not exceeding twenty percent
of a business' front building fagade area or one hundred
square feet, which ever is less, not extending above the
second floor floor line, and limited to one sixty day period.
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(4) One temporary on-premises banner on a
business where, due to construction activities; the front
fagade to the building is blocked from the street by
barricades or related construction materials or equipment,
not exceeding twenty percent of a business' front building
fagade area or one hundred square feet, which ever is less,
not extending above the second floor floor line, and limited to
the time that the front fagade is blocked from the street.
(5) Temporary signs not exceeding 16 square feet
in-area erected at the same time as the temporary uses
allowed by Santa Monica Municipal Code Part 9.04.20.06, or
any successor legislation thereto. The signage shall be
allowed for the same duration as the temporary use.
(6) 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 for each
site. Temporary window signs shall not extend above the
second floor line.
(7) Public Signs provided that they are not of the type
prohibited by subsections (a), (b), (c), (i), Q), (k), (I), or (m);
of Section 9.52.150.
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(d) Temporary signs are prohibited signs except as
provided by this Section or otherwise exempt pursuant to
Section 9.52.125.
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
of total 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 ih
height above grade. A pylon type sign is permitted as long
as it does not exceed thirty inches in width and does not
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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;
(f) Statues;
(g) 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.
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(h) 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 is hereby amended to
read as follows:
9.52.150 Prohibited signs.
The following signs, and any sign not authorized by
Section 9.52.130 or Section 9.52.140, are prohibited:
(a) Animated Signs.
(b) Balloon Signs.
(c) Emitting Signs. Emitting signs except that
devices for communicating with customers at drive-in
restaurants, automated bank tellers, and drive-through
banks may use sound communication.
(d) Free-Standing and Pole Signs.
(e) Miscellaneous Signs and Posters.
Miscellaneous signs and posters tacked, painted, posted or
otherwise affixed on the walls of a building, or on a tree,
pole, fence or other structure, and visible from a public way.
(f) Off-Premises Signs.
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(g) Paper, Cloth or Plastic Streamers and
Bunting. Paper, cloth, or plastic streamers and bunting.
(h) Portable Signs, except temporary signs
authorized pursuant to Section 9.52.135.
(i) Projecting Signs.
Q) Roof Signs.
(k) Upper Level Signs.
(I) Vehicle Signs. No person shall park any
vehicle or trailer on a public right-of-way or public property or
on a private property so as to be visible from a public right-
of-way, which has attached thereto or located thereon any
sign or advertising device for the basic purpose of providing
advertisement of products or directing people to a business
or activity located on the same or nearby property. This
Section is not intended to apply to standard advertising or
identification practices where such signs or advertising
devices are painted on or permanently attached to a
business or commercial vehicle.
(m) High-Rise Signs.
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SECTION 9. Santa Monica Municipal Code Section 9.52.200 is hereby amended
to read as follows:
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
property, 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. 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.
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SECTION 11. 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 12. 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:
MA SfiA J S MOOT E
City ttorney
~.__
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Approved and adopted this 14th day of October,
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2275 (CCS) had its introduction on September 23`d, 2008, and
was adopted at the Santa Monica City Council meeting held on October 14th, 2008, by
the following vote:
Ayes: Council members:
Noes: Council members
Abstain: Council members
Absent: Council members
Genser, Holbrook, McKeown, Shriver
Mayor Katz
None
None
O'Connor
Mayor Pro Tem Bloom
A summary of Ordinance No. 2275 (CCS) was duly published pursuant to California
Government Code Section 408.06.
ATTEST:
Maria Stewart, City C rk