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SR-400-007 f:\atty\muni\strpts\mjm\signamend.wpd City Council Meeting 3-6-01 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: An Ordinance Amending Sections 9.52.010, 9.52.070, 9.52.080, 9.52.090, 9.52.120, 9.52.130, 9.52.140, 9.52.160, 9.52.200, and 9.52.210 and Repealing Sections 9.52.240 and 9.52.250 of the Citys Sign Ordinance = Introduction The City is in the process of implementing the provisions of its sign ordinance. In conjunction with that work, staff is proposing amendments to the ordinance intended to modify variance standards, simplify the ordinance, protect property owners rights by = streamlining and expediting administrative review procedures, and clarify and update existing ordinance provisions. Background In 1985, the City Council adopted the Citys sign ordinance which is codified at Chapter = 9.52 of the Municipal Code. That ordinance serves to promote traffic safety, minimize driver confusion, eliminate visual blight, and enhance the appearance of City streets and neighborhoods by establishing minimum standards for the size, construction, location and operation of signs. The sign ordinance also protects the rights of property and business 1 owners in several ways. It does not regulate based upon the viewpoint or message expressed on a particular sign. It includes a variance procedure which safeguards individual owners against undue and unique hardship. Additionally, it provides for a lengthy amortization period of 15 years. That amortization period expired in April 2000. Prior its expiration and in response to concerns expressed by sign owners, preservationists, and other community members, the City Council amended the ordinance to provide additional protections to sign owners. This amendment established an exception to the ordinance allowing for the preservation of signs determined to be historically, culturally or aesthetically significant according to articulated standards and through an extensive, specified process. That process was completed in March 2000. Now, City staff is beginning to undertake enforcement efforts. In conjunction with that effort, legal and planning staff has reviewed the sign ordinance and determined that amendments should be considered to update, simplify and clarify the ordinance and to streamline and expedite the administrative review procedures which it creates. Discussion The attached proposed ordinance would protect property and business owners rights by = ensuring speedy processing and review of sign applications. Specifically, it would shorten the application review period from 30 to 10 days for signs that may be administratively 2 approved, ensure that Architectural Review Board (ARB) review occurs promptly, and specify time limits applicable to Planning Commission review of an ARB decision. The proposed ordinance would amend some provisions relating to standards for signs. The principal proposal in this category would revise standards applicable to a request for a sign adjustment or variance. Specifically, the proposal would authorize a variance if A@ strict application of the ordinance would result in practical difficulties or unnecessary hardships for the business or property owner, there are exception circumstances or conditions unique to the property, the requested variance would not be materially detrimental to the other owners in the vicinity, and the granting of the variance would not be contrary to the objectives of the sign ordinance or the General Plan. The present standards are somewhat unclear and include language which has been determined, in other contexts, to be legally insufficient. The other proposal in this category would eliminate a provision relating to signs over streets which is infirm because it includes no standards. The proposed ordinance would also repeal provisions relating to the exception for meritorious signs and establishing administrative procedures for determining merit and appealing determinations of merit. Those provisions may be repealed because the process is complete. The proposed ordinance contains a provision establishing that meritorious signs may be retained. 3 In addition, the proposed ordinance would clarify certain existing provisions of the sign ordinance, authorize temporary business banners for new businesses and businesses whose signage is blocked due to construction, and allow marquee signs to extend above the top of the marquee. 4 Fiscal Impact Staff does not anticipate that there will be any fiscal impact as a result of the adoption of the attached ordinance. Recommendation It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Marsha Jones Moutrie, City Attorney Barry Rosenbaum, Senior Land Use Attorney Suzanne Frick, Director of Planning and Community Development Susan Healy Keene, Senior Planner 5 f:\atty\muni\laws\mjm\signamend-1.wpd City Council Meeting 03-06-01 Santa Monica, California ORDINANCE NUMBER ____ (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, 9.52.130, 9.52.140, 9.52.160, 9.52.200 AND 9.52.210 AND REPEALING SECTIONS 9.52.240 AND 9.52.250 OF THE CITYS 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, 1982 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 shall be referred to, together with all sections of this Chapter, as the Santa Monica Sign Code. If there is any conflict between the provisions of the Uniform Sign Code, 1982 1997 Edition, and this Chapter, the provisions of this Chapter shall control. SECTION 2. Santa Monica Municipal Code Section 9.52.070 is hereby amended to 6 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 that meeting would occur less than fourteen (14) days after the application is deemed complete. Within thirty (30) days after receiving a completed application, the Secretary shall either approve the application pursuant to Section 9.52.110 or shall set the date for Architectural Review Board review of the application. 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 Planning Commission on appeal, shall approve, approve with modification or conditions, or deny the sign permit application. A sign application for signs meeting the size, 7 construction, location, electrification, and operation, and other applicable provisions of this Chapter shall be approved without modifications or 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 aspects of the sign program that justify findings and shall afford the applicant an opportunity to submit a revised application to remedy the inadequacies of the original sign 8 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. The Secretary of the Architectural Review Board shall certify the final action of the 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 imply 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. 9 Any decision of the Architectural Review Board under this Chapter may be appealed to the Planning Commission in accordance with the provisions of Section 9.32.160 of this Code. by the applicant, any interested person or any member of the 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 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 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 of the Commission upon such appeal, relative to any matter within the jurisdiction of the Board, shall be final. 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 encourage quality, creativity, and artistic expression, or in order to assure adequate business identification, a variance from any nonstructural 10 provision of this Chapter may be granted upon the filing of an application for sign adjustment and subject to the following findings: (a) That The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships for the business or property owner inconsistent with the general purpose and intent of this Chapter. or that (b) There are exceptional circumstances or conditions applicable unique to the proposed sign property that do not apply generally to other properties in the vicinity signs covered by this Chapter . (c) The granting of the requested variance would not be materially 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 Citys General Plan. = (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 purposes of this Section, the prohibitions contained in Section 9.52.150 shall be deemed to be nonstructural 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 11 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 not subject to approval of the Architectural Review Board under the provisions of this Chapter are exempt from the permit requirements of this Code but must be in conformance with all other applicable requirements of this Code: Building Identification Signs. (a) Building identification signs not to exceed two square feet in area. Construction Signs. (b) 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. Convenience Signs. (c) Convenience signs not to exceed two square feet in area for each sign. Holiday Decorations. (d) Holiday displays not to exceed a total of six weeks of display during any calendar year. Political and Noncommercial Signs (e) . Political and noncommercial signs provided that they are not of the type prohibited by Subdivisions (a), (b), (c), (h), (j), (k), or (l) of Section 9.52.150. 12 Real Estate Signs. (f) 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. Regulated Signs. (g) Signs regulated by or required by any governmental agency. Tablets and Plaques. (h) Tablets and plaques of metal or stone, installed by a recognized historical agency for the purpose of 13 identification and not exceeding twenty-four inches in any dimension. Temporary Window Signs. (i) 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. Theatre Sign. (j) Theatre sign copy or display changes on existing theatre marquee signs or permanently affixed display cases. Banners, Flags and Pennants. (k) 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. Change of Copy of Billboards. (l) The change of copy of any off- premises sign. Temporary Business Banners. (m) Temporary banners announcing the opening of a new business or identifying a business whose permanent signage is blocked due to construction activities, not to exceed twenty percent of the facade of the building upon which the banner is to be located, but in no event larger than one hundred square feet and limited to one such banner per business for one sixty day period. Temporary business banners shall not extend above the second floor floor line. These banners shall not be included in allowable sign area. 14 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: Attraction or Reader Boards. (a) 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. Awning Signs. (b) Awning signs painted or printed on the surface of the awning material. Ground Signs. (c) 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. Light Bulb Strings. (d) Marquee Signs. (e) Marquee signs that do not extend more than twelve inches from the surface of the marquee, nor extend above the top of the marquee, nor provide less than eight feet of clearance above ground level are permitted. 15 Special Event Signs. (f) Special event signs other than those that require City Council Approval pursuant to Section 4.08.490 of this Code. 16 Statues. (g) Wall Signs. (h) 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. Permanent Window Signs. (i) 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. 17 (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 of these factors, no single sign shall exceed one hundred square feet in area at any location. (e) Notwithstanding the maximum sign area calculated by use of these 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: 18 R1/OP1--One Family Residential District. (1) Applicable exempt signs; R2R/OPD--Duplex Residential District. (2) Applicable exempt signs; R2All Multiple Residential Districts. (3) A maximum of one- B fourth square 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 for the purpose of building name and address identification; R3--Multiple Residential District. (4) A maximum of one-fourth square 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 for the purpose of building name and address identification; R4--Multiple Residential District. (5) A maximum of one-fourth square 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 for the purpose of building name and address identification; Hotels in R-4 Multiple Residential District. (4) (6) A maximum of one square foot of sign area for each linear foot of building frontage. Internally illuminated signs are permitted; All BSC, C3, & C3C Commercial Districts. (5) For other than street corner locations, a maximum of one square foot of sign area for 19 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; All other commercial and industrial districts. (6) A maximum of one square foot of sign area for each linear foot of building or store frontage; CA--Commercial Administrative District. (7) A maximum of one square foot of sign area for each linear foot of building or store frontage; CP--Commercial Professional District. (8) A maximum of one square foot of sign area for each linear foot of building or store frontage; C2--Neighborhood Commercial District. (9) A maximum of one square foot of sign area for each linear foot of building or store frontage; C3--Central Business Commercial District. (10) 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; C4--Highway Commercial District. (11) A maximum of one square foot of sign area for each linear foot of building or store frontage; C4A--Limited Highway Commercial District. (12) A maximum of 20 one square foot of sign area for each linear foot of building or store frontage; CM--Main Street Special Commercial District. (13) A maximum of one square foot of sign area for each linear foot of building or store frontage; CR--Commercial Recreation District. (14) As determined by the Architectural Review Board; M1--Limited Industrial District. (15) A maximum of one square foot of sign area for each linear foot of building or store frontage; M2--Industrial District. (16) A maximum of one square foot of sign area for each linear foot of building or store frontage; R1A, R2A, R3A and R4AA--Off-Street Parking Districts. (17) 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: 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 provided in this Code. 21 (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. (c) The City Council may by motion grant a permit to erect a sign over any street within the City upon such terms and conditions as the permit may prescribe and the person receiving such permit may construct and maintain a sign in conformity with the terms and conditions of said permit. This subsection shall extend only to signs that benefit the property of more than one person. 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 or where applicable, modified to conform to the 22 requirements of this Chapter, in accordance with the following schedule: (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 of this Chapter within six months from the effective date of this Chapter. (d) Except as provided in Section 9.52.250, 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 of this 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 or where applicable, modified to conform to the requirements of this Chapter. 23 (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 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. 24 (6) If the sign is or may become a danger to 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 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 25 effect. SECTION 11. Santa Monica Municipal Code Section 9.52.240 is hereby repealed in its entirety. SECTION 12. Santa Monica Municipal Code Section 9.52.250 is hereby repealed in its entirety. 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. 26 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: _________________________ MARSHA JONES MOUTRIE City Attorney 27