SR-401-030 (5)
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Council Meeting: January 11, 2000 Santa Monica, California
To: Mayor and City Council
From: City Staff
Subject: Recommendation to Approve a Resolution Waiving the Application Fee Until
April 1, 2000 for Architectural Review Board Staff Approval of Modification
To or Replacement of Nonconforming Signs and Discussion of Designation
of Body to Hear Appeals of Meritorious Sign List.
INTRODUCTION
This staff report recommends that the City Council approve a resolution waiving the
application fee for Architectural Review Board staff approval of modification to or
replacement of nonconforming signs as specified in Section 9.52.210 (d) of the City’s Sign
Code until April1, 2000. This report also recommends that the City Council determine that
it will serve as the appeal body for any appeals of the Meritorious Sign list.
BACKGROUND AND DISCUSSION
The Citys existing Sign Code, which was adopted in 1985, includes Section 9.52.210 (d),
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which states that signs that have been lawfully placed before the effective date of this
Chapter [April 11, 1985] and are not in conformance with the provisions of this Chapter
shall be removed or where applicable, modified to conform to the requirements of this
Chapter, in accordance with the following schedule:
(d) Free-standing, 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 of this Chapter within
fifteen years from the effective date of this Chapter.
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This section of the Code requires compliance by April 11, 2000.
Staff has developed a streamlined process to assist business and property owners in
bringing their nonconforming signs into conformance prior to April 11, 2000. Following the
recommendation of the Architectural Review Board (ARB), the Planning Commission
approved a resolution on November 17, 1999 that allows certain types of replacement
signs or modifications to nonconforming signs to be approved administratively by staff. An
ARB staff approval can be processed more quickly since it is not reviewed by the Board
and there is no appeal period. Further, ARB staff approval requires less submittal material
on the part of the applicant resulting in less cost as well.
Prior to September 1, 1999, an ARB staff approval had no associated fee. On June 22,
1999, the City Council adopted Resolution 9408 (CCS), which established a fee of $184.00
for ARB staff approvals. Throughout the process, staff has encouraged property and
business owners to seek ARB staff approvals when replacing or modifying their
nonconforming signs. This process would move new signage through the system more
quickly. Staff is recommending the fee associated with staff approvals be waived to
encourage nonconforming sign owners to replace or modify signs prior to the conformance
date. Staff recommends that the fee be waived until April 1, 2000 to encourage applicants
to comply prior to the conformance date.
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APPEAL BODY
On September 28, 1999, the Council approved Ordinance 1956 to modify sections of the
Sign Code to retain certain nonconforming signs as meritorious signs. If not designated as
meritorious, removal of these signs is required by April 11, 2000. Ordinance 1956 includes
the procedure for designation of meritorious signs. Section 9.52.250(e) specifies the
appeal process for any appeal of the inclusion or exclusion of an individual sign from the
final list of designated Meritorious Signs. The Council or its designee is identified as the
appeal body.
There are between 850-900 nonconforming signs subject to conformance by April 11,
2000. The Meritorious Sign Review Board held its first meeting on December 8, 1999. At
this meeting staff presented a draft list of 21 signs for meritorious sign consideration. The
Review Board added another 77 signs to the draft list for consideration. The Meritorious
Sign Review Board will meet on January 26, 2000 to review the findings for the 98 signs on
the draft list and consider the final list of meritorious signs.
Staff currently anticipates that the Council serve as the appeal body to decide the
disposition of specific signs and plan for two meetings to hear appeals. However, the
number of appeals and the need to make timely decisions may necessitate Council
modifying the approach. If a change is necessary staff will return to Council with a
revision.
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FINANCIAL/BUDGETARY IMPACTS
Staff believes a relatively small percentage (11%) of the 850-900 nonconforming signs will
be retained as meritorious signs. Other proposed replacement signs may not meet the
criteria for staff approval. Staff estimates that as many as half of the replacements for
nonconforming signs may qualify for a staff approval. Waiving the fee for staff approved
non-conforming replacement signs will result in a revenue loss of about $82,800. No
adjustment to the City’s revenue budget is necessary because this fee was only
established September 1, 1999 and was therefore not reflected in the Adopted City Budget
for FY 1999/00.
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.
RECOMMENDATION
Staff respectfully recommends that the City Council adopt the attached resolution.
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 Resolution
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