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SR-401-030 PCD:SF:JT:SHK:f:\plan\share\council\strpt\signamend.doc Council Mtg: September 14, 1999 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Ordinance for Introduction and First Reading Adding Section 9.52.250 and Amending Section 9.52.120, 9.52.210 and 9.52.230 of the Santa Monica Municipal Code to Establish a Meritorious Sign 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. INTRODUCTION This report recommends that the City Council introduce for first reading an ordinance amending Section 9.52.210 and adding Section 9.52.250 to Article IX of the Santa Monica Municipal Code. This ordinance would modify the Sign Code to permit signs designated as meritorious to remain when they would otherwise be required to be removed by April 2000 per Section 9.52.210 (d) of the Sign Code. The ordinance establishes the criteria for designation of meritorious signs, the Meritorious Sign Review Board and the procedure for review and designation of meritorious signs. The proposed ordinance is contained in Attachment A. BACKGROUND Section 9.52.210(d) of the Citys existing Sign Code, adopted in 1985, establishes a = 15-year amortization period and time frame, for removal of signs that were lawfully installed before adoption of the code and which are not in conformance, as follows: “(d) Free-standing, roof, upper level, projecting and off-premises signs, including 1 those signs which were previously animated or emitting signs, shall be removed or modified to conform to the requirements of this Chapter within fifteen years from the effective date of this Chapter [April 11, 2000].” Over the last fourteen years, the Sign Code has successfully encouraged businesses to integrate signs that are harmonious with the buildings and sites where they are located. This effort had improved the City’s visual appearance and made Santa Monica an even better place to live, work, shop and do business. As April 11, 2000, the end of the amortization period approaches, staff has organized a multi-phase effort to implement this Code section. Phase I, an assessment of the existing conditions, was completed in January 1999. Phase II included initial notification of affected businesses and was completed in April 1999. Staff is in the process of completing Phase III, the development of review and enforcement procedures. Phase IV will include the review and processing of applications and enforcement procedures. In February 1998, the Planning Commission expressed concern that there may be nonconforming signs worthy of preservation due to their historic, cultural or aesthetic merit. In discussion, the Planning Commission referred to these potentially significant signs as “meritorious.” The Planning Commission requested that the Architectural Review Board and the Landmarks Commission consider possible criteria for a meritorious sign category and return to the Planning Commission with their recommendations. The preliminary recommendations of all three bodies, as well as review of several other cities’ regulations, were synthesized by staff and presented to 2 the City Council on March 23, 1999. These preliminary criteria suggest that a sign may be designated meritorious if it was installed prior to January 1, 1960, and either: 1. Exemplifies technology, craftsmanship or designs of the period when it was constructed, and may contain neon, unusual lighting techniques, hand painted lettering or graphics or sculpted elements. 2. Is an icon representative of a certain era or generation of popular culture that exemplifies the history, ideals, or particular aesthetic of the City of Santa Monica and/or southern California, including inventive representation of the use, name or logo of the building or business; or 3. Is integrated into the architecture of the building or enhances the architecture of the building. At the March 1999, meeting, the City Council approved the establishment of a Meritorious Sign Task Force (Task Force) and directed staff to initiate an amendment to the Sign Ordinance to provide an exemption from Section 9.52.210(d) for meritorious signs, finalize the selection criteria and create a designation process. On June 8, 1999, the City Council established the Meritorious Sign Task Force, which would become the Meritorious Review Board upon approval of the amendments, and appointed five members to the Task Force. Meritorious Sign Task Force With the assistance of City staff and RTKL (Rogers, Taliaferro, Lamb, and Kostritsky) Associates, the Task Force held four public meetings to discuss and finalize the recommended criteria for meritorious sign designation. The Task Force examined various criteria, distilling six potential categories into two: historically significant and contemporary cultural. Each is described as follows: 3 Historically Significant. This category includes signserected or created before 1970 which are representative of significant sign-making techniques or styles of a historic era. Signs may also be considered meritorious which represent entities or establishments that were an important part of Santa Monica’s history and culture. Contemporary Culture. This category considerssigns of exceptional significance erected or created between 1970-1985 that have been proven to be an important part of Santa Monica’s recent history of eclectic development. As Santa Monica has transformed from “sleepy beach town” to a diverse mix of businesses, cultures and economies, the art of sign evolved. Styles moved away from the uniform cabinet signs of the 60’s and 70’s into more complex and interesting solutions, integrating classic sign making techniques with contemporary design and innovative materials. As in category #1, signs will be considered both for their technical excellence as well as for the historical importance of the business they represent. The Task Force emphasized that elements of Santa Monica’s history and craftsmanship should be preserved through the signs. It was agreed that part of the mission of the Task Force was to help maintain the character of the Santa Monica community. As part of the discussion of historic significance, four eras or waves of Santa Monica history were identified along with highlighted sign styles and technologies representative of each era. The Task Force determined this historical information would be used as a reference in preparing and evaluating findings related to the historical significance of each potential meritorious sign. The Task Force also considered the issue of restoration of existing signs. Task Force members felt the criteria or findings should be clear about any alterations to a designated sign where the alteration causes the loss of the meritorious designation. The Task Force emphasized the need to define the difference between renovation and 4 restoration of historical signs. Renovation allows for alterations that would be unacceptable if the owner wished to maintain the meritorious designation. The Task Force determined that any restored sign must be consistent with the original design. The Task Force noted that signs should be considered for their relationship to the urban context and that issues such as surrounding building character, scale and types of uses should be considered. The Task Force thought the physical and historical integrity of the sign should be maintained so that the sign is consistent with the original design’s style. PROPOSED ORDINANCE The proposed ordinance will modify Section 9.52.210 (d) to exempt those signs designated as meritorious from the requirement for removal or modification by April 11, 2000. In addition, Section 9.52.250 will be added to establish the Meritorious Sign Review Board, establish the criteria and required findings for meritorious sign designation and the appeal process. In Section 9.52.250 (c)(1) of the ordinance, a meritorious sign must first meet one of the following findings: Historically Significant. A sign is historically significant if the sign was erected or created before 1970 and is either representative of significant sign-making techniques or styles of a historic era in Santa Monica’s history (Resort/Commuter Suburb Era, Early Motor Era, and Post War Era) or represents entities or establishments that are an important part of Santa Monica’s history. Artistically Significant. A sign is artistically significant if the sign 5 was erected or created between 1970 and 1985 is of contemporary design, uses innovative materials with technical excellence and represents entities or establishments that are an important part of Santa Monica’s history. If a sign meets one of the two findings, at least one of the following findings under Section 9.52.250 (c)(2) must be made: (A) The sign is visually significant in one of the following regards (i) The sign possesses a uniqueness and charm because it has visually aged. (ii) The sign remains a classic example of craftsmanship or style of the period when it was constructed using materials in an exemplary way. (iii) The sign is architecturally integrated 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 that have been designated as historic landmarks or have been listed in the City’s Historic Resources Inventory. Under Section 9.52.250(3), each sign found to be meritorious must also satisfy the following requirements: (A) Retention of the sign will not contribute to an undue proliferation of signage on the property or in one area. (B) The sign is compatible with the character and scale of the surrounding buildings and uses. If the character-defining features of a meritorious sign are altered, the sign will be deleted from the meritorious list and will be required to be removed or where applicable, modified to comply with the Sign Code. In the case of historically significant signs, however, the owner may restore parts of the sign back to original working order (e.g., replacement of neon tubes). 6 Process The ordinance contains a four step designation process, outlined as follows: 1. Staff Prepares Recommended List of Meritorious Signs – Staff, together with the consultant, will review the approximately 1100 nonconforming signs based on the adopted criteria, resulting in a draft list of meritorious signs. 2. Public Review of Draft List – The draft list of signs will be made available for public review and comment prior to the first meeting of the Meritorious Sign Review Board. At its first meeting, the Review Board will take public testimony and direct staff to revise the draft list and provide further analysis as necessary. 3. Review Board Considers Final Draft – At its next meeting, the Review Board will again take public testimony, close the public hearing and discuss the final draft list of meritorious signs. 4. Final Action by Review Board – The Review Board will deliberate on the final list of meritorious signs and make its final designation of meritorious signs, subject to appeal to the City Council within fourteen consecutive calendar days and the standard appeal fee. The Council will hear and review all appeals at the earliest practical date. The Meritorious Sign Review Board will be dissolved once the final designations are certified. LIMITATIONS ON TIME FOR SIGN ADJUSTMENT REQUESTS Many business and property owners have already complied or are in the process of complying either by removal or modification of their non-conforming sign. Still others who wanted to maximize use of their non-conforming sign, or who waited to see if their 7 sign would be designated as meritorious, have less time to comply. This creates a shorter period of time to process any sign applications. Staff recommends, therefore, that the ordinance include a provision requiring any request for a sign adjustment to retain a nonconforming sign be filed no later than February 1, 2000. This will enable sign adjustment applications to be reviewed by the Architectural Review Board prior to the April 11, 2000 conformance date. ENFORCEMENT OF THE SIGN CODE The ordinance includes a modification to Section 9.52.230 to clarify the procedures for enforcement of the Sign Code. This section will allow the Building Officer to cause the removal of a nonconforming sign in accordance with any abatement procedure set forth in the Municipal Code. BUDGET/FINANCIAL IMPACT Designation of meritorious signs will have no budget/financial impact. PUBLIC PROCESS The Task Force held public meetings on July 1, July 20, July 29 and August 3, 1999 to formulate criteria and findings for evaluating meritorious designation. At each public meeting, approximately 18 members of the public attended. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.20.050, notice of the public hearing was published in The Los Angeles Times at least calendar ten days prior to the hearing. A 8 copy of the notice is contained in Attachment B. In addition, notice of the public hearing was mailed to all business and property owners with the five nonconforming sign types. RECOMMENDATION Staff respectfully recommends that the City Council adopt the attached ordinance for first reading. Prepared by: Suzanne Frick, Director Jay Trevino, AICP, Planning Manager Susan Healy Keene, AICP, Acting Senior Planner Planning and Community Development Department City Planning Division Exhibit A: Proposed Ordinance Exhibit B: Meritorious Sign Task Force Final Sign Criteria Exhibit C: Notice of Public Hearing f:plan/share/council/stfrpt/signamend.doc 9