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SR-072308-7A~-r Supplemental Santa ninn,~a City Council Report City Council Meeting: July 23, 2008 Agenda Item: ~° "° To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Proposed Changes to Sign Code and Sign Policy Issues Recommended Action Staff has received some comments on the proposed ordinance which would amend the sign code. Those comments have been considered;. and, in some instances, staff has modified its recommendations. This information sheet is intended to summarize the revisions to staffs. proposal: Staff recommends approval of the revised, proposed ordinance, which is attached. Executive Summary & Discussion The additional revisions to the proposed ordinance would: • Add new language making clear that the "substitution clause", which allows a sign owner to replace a sign's text .with a noncommercial message, does not abrogate requirements of any approved sign program. This proposed amendment is a clarification of existing law, not a change; • Add new language clarifying the exemption for building identification signs. This would not change City policy which allows for building identification; • Limit the number of exempt signs on or adjacent to entrances, exits, restrooms, etc.; • Revise and improve the definitions of "public signs", which are exempt from obtaining a sign permit if they are not of a prohibited sign type. This change effectuates existing City policy; • Revise the definition of "temporary" sign and add a definition of "permanent" sign; to clarify the regulations governing temporary and permanent signage; 1 • Revise the definition of emitting sign to be consistent with. controlling case law; • Delete the exemption for traffic sign replicas because it is content based; • Restore language on temporary window signs, which is in the current law but was inadvertently omitted from the proposed ordinance; The revised, proposed ordinance is not intended to change City sign policy. However, comments received by staff suggest that the Council may wish to cohsider issues relating to real estate signs and signs visible through windows. As to real estate signs, there is an ambiguity in the current law. The number of temporary signs is limited to four. However, it is not clear whether this numeric limit applies to the number of signs at a single location or the total number of signs (at various locations) advertising a particular property. This should- be clarified. Additionally, Council may wish to clarify the language in the proposed draft which allows signage in "close proximity" that is for sale. Finally, current law is ambiguous as to installing or placing temporary real estate signs on public property, including parkways and sidewalks. And, insofar as current law imposes a prohibition, that prohibition has not been enforced. Consistent with current practice, the revised proposed ordinance would allow temporary signs at intersections within "close proximity" to properties available for sale or lease. Council may wish to consider and articulate a clear prohibition against temporary signs on public property. As to signs visible through windows, current practice counts signs within three feet of windows as window signage. Council may wish to address this as a policy issue. Prepared by: Marsha Jones Moutrie 2 Approved: Forwarded to Council: f:\atty\muni\laws\barry\signcodeamend08 7-23-08.doc City Council Meeting 07-23-08 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) 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, AND 9.52.150 AND ADDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.52.125, AND 9.52.135 RELATING TO SIGNS AND DELETING SECTION 4.08.700 RELATING TO HANDBILLS 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 1 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, Inca v. City of Beaumont, 506 F.3d 895 (9th Cir. 2007); 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: 2 SECTION 1. Santa Monica Municipal Code Section 9.52.020 is hereby amended to read as follows: Section 9.52.020. FindingsS ar~d purposes, and olp ivies. 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. 3 ~}~ 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. {-~}~ 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. 4&3L2 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 4 maintenance of al(signs and sign structures exposed to public view within the City. The visual appearance and traffic safety of the City cannot be achieved by measures less restrictive than the procedures and standards of this Chapter. (fl The City has extensive and wide-ranging programs regulating the aesthetics of its public streetscape and private development. fEN~ 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 Sian 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 anv duly permitted or allowed commercial message or anv 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 anv additional approval or permitting. This provision prevails over anv more specific provision to the 5 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 reauirement 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. 6 (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 Sipn. 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 any one 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 byenclosing 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. 7 (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. Alighter-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 line. 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. 8 (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. entrance," "restreems," "manager," "°~~+ ~~ °.,,+ +~n I'4n h + (o) Emittirig. 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. (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. (~~ Illegal Sign. Any sign placed without proper approval or permits as required by the Santa Monica 10 Municipal Code at the time of sign placement. Illegatsign 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. {~}~ 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. {~rv-}iu Light Bulb String. A display consisting of a row or rows of bare light bulbs. (~}~ Logo, Logogram, or Logotype. An emblem, letter, character, pictograph, trademark, or symbol used to represent the firm, organization, entity, or product. ~~ 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 right-of-way. (~~ Marquee Sign. Any sign painted on or attached to or supported by a marquee. 11 (-aa}~ Monument Sign. A ground sign having a horizontal dimension greater than its vertical dimension. (-bbj as Mural. A picture on an exterior surface of a structure. o .~, .,~ •~ .,~„ .f ;+ .~ ~o~^+o,+ +,,, ~,,,,., ., e (-e~}~ 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. {~d-} 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. feej f~f Off-Premises Sign. "^~~ °°^^ ^ ^,^"•• ~ ~°^~' ,.,N^.^ ++,^ ~~,.., ;~ ~^,..,+o,+ A commercial-sign which displace 12 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. {#g{gg~ On-Premises Sian. °^~~ °~^^ °°~' +^• o^ +~,° ., ..~ti°r° +~° ~ ~ ~°°°+°~+ A commercial sign that is other than an.off-premises sign. (hh) Permanent Sipn. 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 Sipn. Afree-standing sign. 13 (-+f}~ Portable Sign. Any movable sign not permanently attached to the ground or a building. ~}j-}~(kkj Proiecting Sign. A sign which, projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. (ID Public Sign. A sign on public property open to the public which is erected or maintained by a public agencv or which serves to fulfill a permit condition imposed by a public agencv 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. ner#o'n n #n the c.~le avnh.~nne le~ncn nn+ni oihhil'h~ N ~ ~ ~ ~ ~rl rlrocc nr'no on (! o n'#ioc 'rlen#'#v of 'caller nr hrn Ler ~nrl 14 }(nn) Revolving or Rotating Sign. An animated sign. (-an3(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. ~ee}jpp~ 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 with the frame, background, and supports or anchoring thereof. ~~ 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. 15 (~} 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. {ss) tt Site. All the contiguous ground area legally assembled into one development location {##} uu Special Event Sign. ^^~~ F°^~^^~^^~ ^~ ^^^ ,~.,+: ..+t.. ., .~I ^ ..+..F ..^.,^r^I ., hli.. '.,+^~^o+ A sign authorized through a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68 {tom} vv Statue. Athree-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. 16 (vv}~ Super Graphic. A painted design which covers all or a major portion of a wall, building or structure. ~$FL.^-..ear nr.~^hin "^ ^n ~nhi if { ~~ r°IHt°d h„ Iu^n, n^° } xx Temporary Sign. Any sign, not permanently attached to the ground or a structure, which is installed or Ip aced for a per+ed n^++^ °~^°°^' +"~~*•~ ^'^••° limited duration. f~lYY1 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. {yy} 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, buf does not include a high rise sign. (zz) aaa Vehicle Sign. Any sign permanently or temporarily attached to or placed on a vehicle or trailer. {aaa}(bbbl 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. 17 (~bb3 ccc Window Sign. Any sign viewable through and/or affixed in any manner to a winddw 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, avariance 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 would arise from unique physical or topographic circumstances or conditions of project design; 18 ±., ..#+.°~ nrnn°h'°c :^ +1,° .,,^~n,+~,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) n^# h° m^#°r'n llv rJc+rim°nMl +~ +h° n °r#v ^ n +h° v+cy; 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, surface treatment. overall Sian size and the size and style of lettering. (d) The granting of the variance would not be eaaErary-te inconsistent with the ^°^°~°' ^" °^+,,,°~ ^++h.~ purposes of this Chapter, A sign adjustment application shall be processed in accordance with the procedures for a sign permit application. 19 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 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 at least three feet from such windows or openings. (b) Signs authorized by a Community Events Permit issued pursuant to Santa Monica Municipal Code Chapter 4.68. 20 (c) Pole Banners and Over-the-street banners authorized pursuant to Santa Monica Municipal Code Section 4.08.500. (d) Noncommercial signs provided that they are not of the type prohibited by subsections (a), (b), (c), (h), (i) (k), or (I) of Section 9.52.150 or by Section 9.52.200; SECTION 5. Santa Monica Municipal 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 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 which are authorized based on the City's compelling health and safety interest in ensuring that safety personnel and 21 members of the public can immediately identify the name and/or location of the property the hours of operation; and emergency information; b One exterior sian 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"); yeaF ~I n ~/.d~iJ 4hn++hev .~ o nn+ of+hc hinc 22 ce..+i..n o G~ ~Gn~ ( f~-~23~ ~~3s2 ~ ; 5 ~ 221~ S~2~SI „ S IR B - - - ,~+ , - Q ~- - ci+o ore nr.+ illy ~minn+orl rli. nr.+ o o rl c v feo+ in 4nMI o nr7 nn+ m o +hon c v fee+ in hoir . h#• n L m n o +hon #h roo ~f~@ IRC kl G,•• f v' '=mE~ i v2f i r S 6 = ° -v 2R r = vdS2~i = - - -vy-r rn - ~r .a~ p nn+ ovn.~nrlin.r 4h r.~.~ n n f.,.,+ i v - i n r v p - ..h .n n r 9 ~ r nro +hnn nno n nnh by o nh+oen innh n ono fr.r vonh fiuo n+v Iinoor or7 rti~+rin+~ahinh o o Ir.no+orl nn +ho norFinen+ hnilydiniv ~ i on.J ~..hinh n n Gmi+o.+ +n n n f.,r oo nh hnilrlinn onr! m r ~+ f~.o+ nr Ic.~. c. oholl he Iimi+erl +.. oiv+oen ~. c. fee4 n ~. i+n f i,r nl ooto+o 23 ~~ (c) Public signs provided that thev are not of the type prohibited by subsections (a) (b), (c). (h), (i) (i), (k), (I), and (m) of Section 9.52.150. by n on+nl n ~{#} Tablets and Plaques. Tablets and plaques of metal or stone, installed by any historical agency including names of buildings and date of erection, and not exceeding twenty-four inches in any dimension; nc nn++n cvneviJ fiuo n+v nornon+ of +hc firc+ flnnrb +n+ol i 24 ~fj} 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 than three such banners, flags, or pennants for each site are exempt under this Section; ~{l3 Change of Copy of Billboards. The change of copy of any off-premises sign; irlor.i'fi.'r, n h ~ ...h ore rl a in n Heir ni'r. nni'. rii'e . Ali. hnnr. ear nhnll ~ ~e~iJ h..~nh. n ..ni ..f .. hncinocd fr.,nf 25 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. f2) Location: (A) Except as provided by this section, no temporary sign shall extend into on or over the public right of way of any street alley, or other public property. 26 (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: (A) The City may collect temporary signs placed in the public right of way which are not authorized by this. Chapter. (B} Each sign collected. will be stored for a minimum of 30 days. 27 ~) 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 may a sign retrieval fee in an amount established by resolution of the City Council. (b) Authorized Temporary Signageln 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, 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 28 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 sguare 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 underq-oing 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 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. 29 (4) Temporary signs placed at street intersections in relatively close proximity to a property for sale or lease during the. time of the display of the property so long as accessibility is not impaired and there are not more than four such sighs in a four square feet area and not exceeding six feet in height persite. (5) Public Signs provided that they are not of the type prohibited by subsections (a) (b), (c), (i) (I) (k), (q, 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 of type of signaqe otherwise allowed by this Code. This s~nage 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 signaqe shall be allowed for each lot as follows: (1) One temporary 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 30 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 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 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. (4) One temporary 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 31 business' front building facade 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 facade 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. f7) Public Signs provided that they are not of the type prohibited by subsections (a), fb), (c), (i), (i); (k), (I), (m), or (n) of Section 9.52.150. (d) Temporary signs are prohibited signs except as provided by this Section or otherwise exempt pursuant to Section 9.52.125. 32 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 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 aground sign, including its base, is forty square feet; (d) Light Bulb Strings; 33 (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~S~ 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. (+)~ 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. 34 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 signs atdrive-through banks may use sound communication. (d) Free-Standing and Pole Signs. ~•°°,~ta„a:~~g (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. 35 (f) Off-Premises Signs. (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. ..,t,'..ti ~ ~ ~i~+e ., .,.ate+e '.. ...,i.,, ie++er~.,., .,, ao~~.... fH~ Upper Level Signs. (m}j11 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 36 identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle. {+~}~ High-Rise Signs. SECTION 9. Santa Monica Municipal Code Section 4.08.700 is hereby deleted in its entirety as follows: Na-Persea shal~d+stra ~ .~ ~ ,+ „r r'rn me+.~nnec. ~.,h'nh ~Jnec. nn+ hn.,o nri nter! nn fhe n rJ is+r'h #erl .n fin+i+'n nl h there c.h..il .. io ~ rn..., ..r r .. ...~ ~_.._____, ._ ~ ..__. _.___ r_.__.. _. _.__ ..._._ _....... ...rp....,.. .... 37 f~..+~+?r.._ n~n'~e the ±r;:° ^w„ ~., cf th° o ~ ~u~ ..,... ~uy~.,~ 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. 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. !/ // // 38 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: i MA SHA J E MOUTRI City ftorne 39 ~_ City Council Report City of Santa Monica' U~°~ ',~~ Ci Council Meetin ^--~' ^' ^^88~- tY 9:.~,... --~ -- Agenda Item: ~~~ To: Mayor and City Council From: Marsha Moutrie, City Attorney Subject: Proposed Amendments to Municipal Code Provisions Governing Signs and Handbills Recommended Action This report recommends that the City Council introduce for first reading the attached ordinance updating the form of the City's Sign Code and deleting a provision requiring attribution on handbills to conform the code to the requirements of current case law. Executive Summary Since the Council last amended the City's Sign Code, the courts have assessed the constitutionality of several cities' sign regulations. The decisions in those cases establish the legal framework which would be used to determine whether any city sign ordinance, including Santa Monica's, conforms to First Amendment requirements. Accordingly, in order to protect Santa Monica's sign ordinance against any legal challenge, legal staff recommends that Council revise and clarify the City's ordinance to comport with case law. Additionally, staff recommends deleting a code provision, which was adopted ih 1950, that requires attribution on handbills because it conflicts with case law. The attached ordinance would accomplish these purposes by revising the form of the present Sign Code without substantially altering its substance and by deleting Municipal Code Section 4.08.700. Background Council adopted the Sign Code, SMMC Sections 9.52.020 and following, in 1985. Its adoption occurred after amulti-year extensive public process involving the City's residents and business community and multiple legislative hearings. The Sign Code serves to protect public safety, property values and quality of life by ensuring that signage does not create circulation hazards or degrade community aesthetics. It also protects the rights of all persons to communicate through signage. In 2000, the Sign Code was challenged in a lawsuit filed by the U-Haul Corporation which.claimed that the 1 restrictions imposed by the City impaired the corporation's First Amendment and statutory rights. Council amended certain of the Sign Code's provisions in response. In the years since the Sign Code's adoption and the U-Haul litigation, the courts have considered many First Amendment challenges to various sign regulations. For instance, the Ninth Circuit alone has decided challenges to sign restrictions adopted by the State of Oregon, the California cities of Los Angeles, San Diego, Oakland and Beaumont, and the City of Lake Oswego, Oregon. This large body of recent case law establishes the current legal requirements for sign regulations. Legal staff has reviewed these decisions and the current Sign. Code and concluded that the Sign Code should be updated in form to protect the Council's sign policies against legal challenges. Discussion The proposed ordinance would conform code provisions on signs and handbills to the current case law. As to the Sign Code, it would continue and insulate the City's sigri policies and simplify and clarify the City's sign regulations in several ways. First and foremost, recent case law demonstrates that the First Amendment requires content neutrality in sign regulations. That is, the City's Sign Code cannot impose any restrictions based on sign content. In the Ninth Circuit, a regulation of speech is content-based if a law enforcement officer must read a sign's message to determine if the sign is regulated. Accordingly, the proposed ordinance would amend sections of the code establishing definitions, creating exemptions for permanent .signs, governing permitted signs and prohibiting certain types of-signs to eliminate direct references to content. These proposed amendments have been drafted to mirror examples of other codes approved in published court decisions. They accomplish their purpose by using - examples and references to time, place and manner, rather than content. Thus, for 2 example; the definition of "real estate sign", which refers to content, would be eliminated. In place of the current ..content references, the proposed ordinance contains new provisions allowing .temporary signage in both residential and commercial neighborhoods, including for instance, signage relating to property sales. Thus, proposed section 9.52.135(b)(1) authorizes temporary signs in residential neighborhoods and says: "This signage shall not be restricted by content, but usually and customarily relates to an event such as a real estate sale, garage sale, home construction or remodeling, etc." This is the approach approved by the Ninth Circuit Court of Appeals in-cases challenging local sign restrictions: There is also a new remedy for temporary signs placed in the public right of way, which are not allowed. This remedy allows the City to collect the signs but requires the City to notify the owner of the signs of the collection if ownership is ascertainable. This process will protect the owner's rights by allowing retrieval of the signs. In addition to insulating the Sign .Code by removing content-based references, the proposed ordinance expressly provides that noncommercial messages may be substituted for commercial messages without City approval. This provision ensures compliance with the legal requirement that the City not favor commercial over noncommercial messages. Additionally, the proposed law affords additional insulation in the form of new findings and statements of purpose. They express the City's intent to follow First Amendment requirements as explained in recent court decisions, preserve public safety and welfare by regulating the time, place and manner of speech, and protect the individual. right to communicate through the medium of signage. The ordinance also. contains proposed changes which harmonize existing provisions of the Sign Code without changing its substance. For instance, the proposed ordinance would clarify that signage authorized under the City's Community Events Law or laws 3 on street banners are not governed by the Sign Code. Similarly, there is an exemption for interior signage, which is not visible from the street; that exemption also clarifies existing law. Another clarification on sign adjustments (variances) adds language to the adjustment standards to safeguard the Sign Code from a claim that the ordinance is infirm. because it confers standardless discretion. For instance, new language states that compatibility will be considered and specifies how compatibility is assessed. This change is consistent with existing practice, The structure of the Sign Code would also be revised to make clear that the sign regulations fall into basic categories: commercial and non commercial, permanent and temporary. This revised structure tracks the guidance supplied by recent court decisions, and it reflects both the impacts of classes of signage on the community and the importance of signage to those using the medium to communicate. Additionally, provisions on temporary signs have been added, but they do not significantly alter current policy on the location, size and duration of such signage. Also, the definition of commercial signage would be revised to conform to current case law. The proposed ordinance would also modify and clarify the sign types that are exempt noncommercial signs from Architectural Review Board review, but otherwise subject to the Code's provisions. Because the main purpose of the proposed ordinance is to conform to City's Sign Code to recent case law, this report and the proposed amendments were prepared by legal staff. However, to ensure that local policy would not be inadvertently impacted, legal staff and planning staff worked closely to ensure preservation of the substance of current City law. Planning staff has performed a detailed analysis and concurs that the proposed ordinance would not alter City policy. Also, .legal staff worked to make the ordinance as clear and simple as possible. This was a challenge. The local ordinances approved by the Ninth Circuit rely upon some amount of circumlocution and verbage to avoid referencing sign content. To the extent 4 possible, legal staff has tried to both follow the model approved by the federal appellate court and simplify it. Finally, the ordinance would delete Section 4.08.700 requiring attribution on handbills, because Supreme Court precedent makes clear that the constitution ,protects anonymous political speech. Talley v. California, 362 U. S. 60 (1960); McIntyre v. Ohio Elections Commission, 514 U. S. 334 (1995) And, the cohstitutionality of that code section has been challenged in a pending law suit. Environmental Analysis Because the proposed law would not change the substance of current City regulations it has no environmental impacts. Financial Impacts & Budget Actions Because the proposed law would not change the substance of current City regulations, no financial impacts are anticipated. Prepared by: Marsha Jones Moutrie, City Attorney Attachment: Proposed Ordinance Sign Code Revision Comparison Table Approved: Forwarded to Council: 5 f:\atty\m u ni\l aws\barry\s igncodeamend08. doc City Council Meeting 4-22-08 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) 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, AND 9.52.150 AND ADDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.52.125, AND 9.52.135 RELATING TO SIGNS AND DELETING SECTION 4.08.700 RELATING TO HANDBILLS WHEREAS, the City's Sign Code was originally adopted in 1985 and as detailed 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 1 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. Citv of Orange, 861 F.2d 246 (9th Cir. 1988); Desert Outdoor Advertising v City of Moreno Vallev, 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. Citv of Lake Oswego, 436 F.3d 1064 (9~" Cir. 2006); Desert Outdoor Advertising v. Oakland, 506 F.3d 798 (9th Cir. 2007); Get Outdoors II, LLC, v. Citv of San Diego, 506 F.3d 886 (9`" Cir. 2007); Outdoor Media Groua. Inc. v. Citv of Beaumont, 506 F.3d 895 (9th Cir. 2007); 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: 2 SECTION 1. Santa Monica Municipal Code Section 9.52.020 is hereby amended to read as follows: Section 9.52.020, FindingsZ a~td 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 as to noncommercial messages. 3 ~~ 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, 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. (-b}~ 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. {~je~ The Santa Monica Sign Code provides minimum standards to safeguard life, safety, property and public welfare byYeviewing design and by regulating size, construction, location, electrification, operation and 4 maintenance of all signs and sign structures exposed to public view within the City. The visual appearance. and traffic safety of the City cannot be achieved by measures less restrictive than the procedures and standards of this Chapter. {d~~ 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. (q) To ensure-that the Santa Monica Sian Code is neutral with respect to noncommercial messages, subject to the property owner's consent a noncommercial message of anv type may be substituted for any duly permitted or allowed commercial message or anv 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 anv additional approval or permitting. This provision prevails over anv more specific provision to the 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, 5 lot or land use' does not affect the requirement that a sign structure or mountinq device be properly permitted does not allow a change in the physical structure of a sign or its mountinq device does not allow the substitution of an off- premises commercial message in place of an on-premises commercial message- and does not allow one particular on- premises commercial messaae to be substituted for another without otherwise complyina with this Sign Code. 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. (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 6 sign, except that a copy change on an attraction of reader board. is not an alteration. (c) Animated Sian. 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 Sian. The area included within the outer dimensions of a sign. Oh signs with more than one face, .that face or those faces visible from any one 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. (f) Awnin . A shelter extending from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. 7 (g) Awning Sign. Any sign painted on or attached to or supported by an awning. (h) Balloon Sign. Alighter-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 line. Where a building faces two or more streets, the frontage containing the principal street address shall be designated as the building frontage. (k) Buildihg 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. (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 8 (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. (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. ¢~}~ 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. 10 (~(uj Illuminated Sian. 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. {w~~ Light Bulb String. A display consisting of a row or rows of bare light bulbs. (~~ Logo, Logogram, or Loaotvpe. An emblem, letter, character, pictograph, trademark, or symbol used to represent the firm, organization, entity, or product. {~~ Marauee. 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 right-of-way. ~~ Marauee Sign. Any sign painted on or attached to or supported by a marquee. (aa}~ Monument Sian. A ground sign having a horizontal dimension greater than its vertical dimension. {~ as Mural. A picture on an exterior surface of a structure. 11 (-ss~ bb Neon Signs. A sign with tubing that is internally illuminated by neon orother electrically charged gas. (cc) Noncommercial sign Anv sign which is not a commercial sign as defined herein. (dd) Noncommercial speech Anv 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. ~~ Off-Premises Sian. .~ h +h ,~ ~^^~+o,+ A commercial sign which displays any message directing attention to a business product, service profession commodity activity event, person, institution orother commercial messaae which is aenerallV conducted sold manufactured produced offered or occurs elsewhere than on the premises where such sign is located. 12 r .~.. (#~jgg~ On-Premises Sign. An `?" +~ h~-~ +~~ ~~~n '~ i~~t~. A commercial N sign that is other than an off-premises sign. (hh) Permanent Siqn. Any sign that is not a temporary sign. {-gg-} ii Pole or Post Siqn. Afree-standing sign. {+y~jj~ Portable Sign. Any movable sign not permanently attached to the ground or a building. kk Projecting Siqn. A sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. 13 (II) Public Sign A sign erected and maintained by a public agency within the right-of-way of a street or alley or on other public property. {~} mm Pylon Sign. A ground sign having a vertical dimension greater than its horizontal dimension. rlrf r! ' +' 'rl +'h, i.f oe llor n r hn+ ~Q ~M 4-~~(nn) Revolving or Rotating Sipn. An animated sign. (m(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. (~(~ 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, 14 portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. {~igg~ 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. ¢r-~} 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. (~~ Site. All the contiguous ground area legally assembled into one development location. 15 {t#~ uu Special Event Sign. . A sign authorized through the issuance of a community events g_ermit issued pursuant to Santa Monica Municipal Code Chapter 4.68 {-~ vv Statue. Athree-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. (-vv~~ Super Graphic. A painted design which covers all or a major portion of a wall, building dr structure. { xx Temporary Sign. Any sign, not permanently attached to the ground or a structure, which is installed or lap ced for a ~eried limited duration. (-~jyy1 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. 16 {y~~ 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. ~ aaa Vehicle Sign. Any sign permanently or temporarily attached to or placed on a vehicle or trailer. (-aaa~ 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. (-b~3 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, avariance from any Nonstructural provision of 17 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 would arise from unique physical or topographic circumstances or conditions of project design; (b) + +ti h•o~ •~ +ho .,:~~n;+,~The arantina of the r r 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 re~ulations;- (c) v+sin+ty; The grantiriq 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 surface 18 treatment overall sign size and the size and style of lettering. (d) The granting of the variance would not be seatra+~g-te inconsistent with the .,,,.~! "'°^+~"°~ ^.+"'- ~ a~ a + +" r+. ~^ r_°.,^r~i ~i~n 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 cohtained 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 9.52.210. 19 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 at least three feet from such windows or openings. (b) Signs authorized by a Community Events Permit issued pursuant to Santa Monica Municipal Code Chapter 4.68. ~~) Pole Banners and Over-the-street banners authorized pursuant to Santa Monica Municipal Code Section 4.08.500. (d) Noncommercial sighs provided that then are not of the tvpe prohibited by subdivisions (a) (b) (c), (h) (ice or (I) of Section 9 52 150 and Section 9.52.200; 20 SECTION 5. Santa Monica Municipal 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-bat 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 so as to ensure that safety personnel- and members of the public can immediately identify the name and/or location of the property; f 4 # f 4 'rl a #h.+# c rnh c nc ore ~-ola}G~} 21 b rl +, + + ~ ^ +nr o^nl, An exterior h sign erected next 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" ; ~91it+6Rl-aF1H-~: I c• onl•+~,-^I ^r,ra c +~ n ~~ a Gn~ + - +h f + ' +. 4. +• I nn mnrc th..n +hre 22 ' +' + h' h I + r7 +h ohir~on4 h ~'la'r +'ll + .! 4 A + + f o feat-aa~ j- Fq + I h II h I' '+ rl + ~~ f 4 '+~+ +~r cv'r~r'~ ~ (c) Public signs. ~(~ Tablets and Plaques. Tablets and plaques of metal or stone; installed by an-r~^~^r~~ historical agency including names. of buildings 23 and date of erection, and not exceeding twenty-four inches in any dimension; ej~(t3-~ Theatre Sian. Theatre sign copy or display changes on existing theatre marquee signs or permanently affixed display cases; Banners, Flaas 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; ~,q~{t-} Chanae of Cogv of Billboards. The change of copy of any off-premises sign; 24 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 sianaae otherwise allowed by this Chapter All signs listed in this Section must be in conformance with all other applicable requirements of this Code: {a) Basic Requirements Governing Temporary Signs• 25 (1) Illumination No temporaN sign shall be internally or externally illuminated. (2) Location: rn) Except as provided by this section, no temporary Sian shall extend into or over the public right of way of any street. (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 Thev shall not obstruct or obscure primary signs on ad'lacent premises. r~) 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. 26 (6) Collection and Retrieval of Temporary Signs Placed in the Public Right of Way: (A) The City may collect temporary signs placed in the public right of way which are not authorized by this Chapter. (B) Each sign 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. (1) In any residAntial zone, temporary signaqe shall be allowed for each and every lot without issuance of a permit and shall not affect the amount of type of signaqe 27 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 garage sale, home construction or remodeling etc Signage shall be allowed for each lot as follows: (A) One temporary on-premises sign,on propertv 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 propertv An additional sign of the same size may be erected if the propertv 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. (B) One temporary on-premises sign on propertv 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 28 street frontage provided the sign is removed within seven davs of completion of any construction or remodeling. (C) 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 davs each display and which is removed by sunset on any day it is erected. (D) Temporary signs placed at street intersections in relatively close proximity to a property for sale or lease during the time of the display of the property so long as accessibility is not impaired and there are not more than four such signs in a four square feet area and not exceeding six feet in height per site. (2) In any commercial or industrial zone, temporary signaqe shall be allowed for each and every lot without issuance of a permit and shall not affect the amount of type of signaqe otherwise allowed by-this Code. This signaqe 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. Thesianage shall be allowed for each lot as follows: 29 (A) One temporary sign which is located on the buildihg 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 withinfifteen 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. (B) One temporary 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. {C) One temporary banner on a business that is newly opened not exceeding twenty percent of a business' front building facade 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. 30 (D) 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. (E) Temporary window sians not to exceed twenty percent of the first floor's total frontage glass area. (c) Temporary signs are prohibited signs except as provided by this Section. 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; 31 (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 feef in height above grade. A pylorrtype 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; fg}~ Statues; 32 {k.~~ Wall Signs. Wall signs solong 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 ho 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. 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: 33 (a) Animated Signs. All' + ~± ~ -~°°°++ti°°° ... y.... ~ _ ~_ _. (b) Balloon Signs. (c) Emitting Signs. Emitting signs except that menu order taking signs at drive-in restaurants,. automated bank tellers, and signs atdrive-through banks may use sound communication. (d) Free-Standing and Pole Signs. ~~°,-^.g (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. (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. 34 Q) Roof Signs. (k) Traffic Sign Replicas. Traffic sign replicas which simulate or imitate in size, color, lettering or design, any traffic control sign or signal. (I) Upper Level Signs. (m) 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. (n) High-Rise Signs. 35 SECTION 9. Santa Monica Municipal Code Section 4.08.700 is hereby deleted in its entirety as follows: ~~r(~1~1'~ ~ I~S+rih~ ~+° c^n++°r honrl ni ~+ r~ ~~ +nr+ ir'H°n nil°rl fo ^fi r ccv°r m'rmm~m~' cvccr e.. r 36 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. 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. 37 APPROVED AS TO FORM: ;952 ©~0 . F~ndrn~s andPurpas Existing 9.52.020 -Findings and Purpose The City Council finds and declares: (a) 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, 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, 'Proposed Revised 9.52.020 -Findings, purposes, and policies No Change The City Council finds and declares: Add (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 regulation and control of the design, materials, construction, size, location and maintenance of signs and sign structures. Add (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 as to noncommercial messages. No Change (except numbering (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, 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 Attachment B safety and general welfare. (b) 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. The Santa Monica Sign Code provides minirnum standards to safeguard life, safety, property and public welfare by reviewing design and by regulating size, construction, location, electrification, operation and maintenance of all signs and sign structures exposed to public view within the City. The visual appearance and traffic safety of the City cannot be achieved by measures less restrictive than the procedures and standards of this Chapter. (d) It is 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. regulation of existing and proposed signs is necessary to protect the public health, safety and general welfare. No Change (except numbering) (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 ofaccidents by distracting attention or obstructing vision. No Change (except numbering (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 maintenance of all signs and sign structures exposed to public view within the City. The visual appearance and traffic safety of the City cannot be achieved by measures less restrictive than the procedures and standards of this Chapter. Revised (~ 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. Add (g) 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 Attachment B 2 allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration ofinessage content. Such substitution ofinessage may be made without any additional approval or permitting. This provision prevails over any more specific provision to the 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; and does not allow one particular on premises commercial message to be substituted for another without otherwise complying with this Sign Code. Attachment B . .. .ice ~) . Existing Proposed (a) Abandoned Sign. A sign which no No Change longer advertises or identifies a legal business establishment, product or activity. (a) Abandoned Sign. A sign which no longer advertises or identifies a legal business establishment, product or activity. (b) Alteration. Any change in copy, color, No Change size or shape, which changes appearance of a sign, or a change in position, location, (b) Alteration. Any change in copy, color, construction or supporting structure of a size or shape, which changes appearance sign, except that a copy change on an of a sign, or a change in position, location, attraction or reader board is not an construction or supporting structure of a alteration. sign, except that a copy change on an attraction or reader board is not an alteration. (c) Animated Sign. Any sign which has No Change any visible moving part, flashing or osculating lights, visible mechanical (c) Animated Sign. Any sign which has any movement of any description, or other. visible moving part, flashing or osculating apparent visible movement achieved by lights, visible mechanical movement of any any means. description, or other apparent visible movement achieved by any means. (d) Area of Sign. The area included within No Change the outer dimensions of a sign. On signs with more than one face, that face or those (d) Area of Sign. The area included within faces visible from any one direction at one the outer dimensions of a sign. On signs time will be counted at one hundred with more than one face, that face or those percent of visible area; other faces will be faces visible from any one direction atone counted at fifty percent of their area in time will be counted at one hundred calculating total sign area. hi the case of a percent of visible area; other faces will be sign placed on a wall or other surface, counted at fifty percent of their area in without any border, the area shall be calculating total sign area. In the case of a computed by enclosing the entire sign sign placed on a wall or other surface, within. two sets of parallel lines. 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 No Change having changeable copy for the purpose of advertising events, sales, services or (e) Attraction or Reader Board. Any sign products provided on the site. having changeable copy for the purpose of advertising events, sales, services or roducts provided on the site. (f) Awning. A shelter extending from the No Chan e Attachment B 4 exterior wall of a building and composed of nonrigid materials except for the {fl Awning. A shelter extending from the supporting framework. - exterior wall of a building and composed of nonrigid materials except for the . supporting framework. (g) Awning Sign. Any sign painted on or No Change attached to or supported by an awning. (g) Awning Sign. Any sign painted on or attached to or su ported by an awning. (h) Balloon Sign. Alighter-than-air gas- No Change filled balloon tethered in a fixed location. (h) Balloon Sign. Alighter-than-air gas- filled balloon tethered in a fixed location. (i) Billboard or Poster Panel. An off- No Change premises sign. (i) Billboard or Poster Panel An off- premises sign. (j) Building Frontage. The linear No Change dimensions of a building which faces upon a public street, projected along the street (j) Building Frontage. The linear property line. Where a building faces two dimensions of a building which faces upon or more streets, the frontage containing the a public street, projected along the street principal street address shall be designated property line. YYhere a building faces two as the building frontage. or more streets, the frontage containing the principal street address shall be designated as the building frontage. (k) Building Identification Sign. Any sign No Change containing the name or address of a building and may include hours of (k) Building Identification Sign. Any sign operation and emergency information, such containing the name or address of a sign being located on the same site as the building and may include hours of structure. operation and emergency information, such sign being located on the same site as the structure. (1) Changeable Copy Sign. An attraction No Change or reader board. (1) Changeable Copy Sign. An attraction or reader board. Add (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 Attachment B 5 activity or otherwise contains commercial speech. Add (n) Commercial Speech. Any message proposing a commercial transaction or related to the economic interests of the speaker and its audience. (m) Construction Sign. A nonpermanent This definition will be deleted. sign identifying the persons, firms or business directly connected with a Refer to added Section 9.52.135(b)(1)(B) construction project. (n) Convenience Sign. A sign which This definition will be deleted. conveys information such as "no parking," "entrance," "service entrance," Refer to revised Section 9.52.130(b) "restrooms," "manager," "exit," and the like, but does not contain brand, trade, or business identification and is designed to be viewed on-site or adjacent to the site by pedestrians or motorists. (o) Emitting Sign. A sign which emits No Change sound, odor, or visible matter such as smoke or steam. (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 No Change permanently affixed in or upon the ground, supported by one or more structural (p) Free-Standing Sign. Any sign which is members, with air space between the permanently affixed in or upon the ground, ground and the sign face. supported by one or more structural members, with air space between the ground and the sign face. (c~ Grade. The level of the site at the No Change property line located at the closest distance to the sign. (~ 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 No Change neither attached to nor part of a structure and which is permanently affixed in or (r) Ground Sign. Any sign which is neither upon the ground with no air-space between attached to nor part of a structure and the ground and the sign face. which is permanently affixed in or upon the ground with no airspace between the ground and the sign face. (s) High Rise Sign. Any sign located on a No Change building four or more stories in height that Attachment B 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) Holiday Decorations. Signs or dis including lighting which are a nonpermanent installation celebrating national, state, and local holidays or aav seasons. (u) 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. (v) 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. (w) Light Bulb String. A display consisting of a row or rows of bare light bulbs. (x) Logo, Logogram, or Logotype. An emblem, letter, character, pictograph, trademark, or symbol used to represent the firm, organization, entity, or product. (y) Marquee. A permanent rooflike shelter extending from part or all of a building face (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 axed. This definition will be deleted Refer to Section 9.52.030(dd), an added definition for "non-commercial speech" No Change (except numbering) (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. No Change (exceptnumbering) (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 Change (except numbering (v) Light Bulb String. A display consisting of a row or rows of bare light bulbs. No Change (except numbering) (w) Logo, Logogram, or Logotype. An emblem, letter, character, pictograph, trademark, or symbol used to represent the firm, organization, entity, or pro No Change (except numbering) Attachment B and constructed of some durable material (x) Marquee. A permanent rooflike shelter which may or may not project over a public extending from part or all of a building right-of--way. face and constructed ofsome durable material which may or may notproject over a ublic right-of--way. (z) Marguee Sign. Any sign painted on or No Change (except numbering) attached to or supported by a marquee. (y) Marquee Sign. Any sign painted on or attached to or supported by a marquee. (aa) Monument Sign. A ground sign No Change (except numbering having a horizontal dimension greater than its vertical dimension (z) Monument Sign. A ground sign having. a horizontal dimension greater than its vertical dimension (bb) Mural. A picture on an exterior Revised surface of a structure. A mural is a sign only if it is related by language, logo, or (aa) Mural A picture on an exterior pictorial depiction to the advertisement of surface of a structure. any product or service or the identification of any business. (cc) Neon Signs. A sign with tubing that is No Change (except numbering) internally illuminated by neon or other electrically charged gas. (bb) Neon Signs. A sign with tubing that is internally illuminated by neon or other electrically charged gas. Add (cc) Noncommercial sign. Any sign which is not a commercial sign as defined herein. Add (dd) Noncommercial speech. Any message which is not commercial speech as defined herein. (dd) Nonconforming Sign. A sign which No Change (except numbering) was validly installed under laws or ordmances in effect at the time of its (ee) Nonconforming Sign. A sign which installation, but which is in conflict with was. validly installed under laws or the provisions of the Santa Monica Sign ordinances in effect at the time of its Code. installation, but which is in conflict with the provisions of the Santa Monica Sign Code. (ee) Off-Premises Sign. Any sign Revised normally used for promoting an interest other than that of a business, individual, (ffJ Off-Premises Sign. A commercial sign products, or service available on the which displays any message directing Attachment B premises where the sign is located. 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. (ff) On-Premises Sign. Any sign used for Revised promoting a business, individual, product or service available on the premises where (g~ On Premises Sign. A commercial sign the sign is located. that is other than an off-premises sign. Add (hh) Permanent Sign. Any sign that is not a temporary sign. (gg) Pole or Post Sign. Afree-standing No Change (except numbering sign. (ii) Pole or Post Sign. Afree-standing sign. (hh) Political and Noncommercial Signs. This definition will be deleted. Any sign designed for the purpose of supporting or opposing a candidate, Refer to revised Section 9.52.130(d) and proposition or other measure at an election 9.52.030(cc), an added definition of Non- or for any other noncommercial expression Commercial Sign not related to the advertisement of any product or service or the identification of any business. (ii) Portable Sign. Any movable sign not No Change (except numbering) permanently attached to the ground or a building.. (jj) Portable Sign. Any movable sign not pernxanently attached to the ground or a building. (jj) Projecting Sign. A sign which projects No Change (except numbering) from and is supported by a wall or parapet of a building with the displaysurface of the (kk) Projecting Sign. A sign which projects sign in a plane perpendicular to or from and is supported by a wall or parapet approximately perpendicular to the wall. of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. Add (IZ) Public Sign. A sign erected and maintained by a public agency within the right-of--way of a street or alley or on other public property. (kk) Pylon Sign. A ground sign having a No Change (except numbering) vertical dimension greater than its Attachment B 9 dimension. (ll) Real Estate Sign. Any nonpermanent sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information. (mm) Revolving or Rotating Sign. An animated sign. (nn) Roof Sign. Any sign erected upon a roof, parapet, or roofinounted equipment structure and extending above a roof, parapet, or roofinounted equipment structure of a building or structure. (oo) 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 with the frame, background, and supports or anchoring thereof. (pp) 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. (mm) Pylon Sign. A ground sign having a vertical dimension greater than its horizontal dimension. This definition will be deleted. Refer to added Sections 9.52.135(b)(1)(A), 9.52.135(b)(1)(C), 9.52.135(b)(2)(A), 9.52.135(b)(1)(D) No Change (except numberinp~ (nn) Revolving or Rotating Sign. An animated sign. No Change (except numberinp~ (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. No Change (except numbering) (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 with the frame, background, and supports or ancnormg tneieu~. No Change (except numbering (qrV 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. Attachment B 10 (qq) Sign Face. An exterior display surface No Change (except numbering) of a sign including non-structural trim exclusive of the supporting structure. (rr) 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. (ss) Site. All the contiguous ground area legally assembled into one development location. (tt) Special Event Sign. Any temporary or non-permanent sign advertising or pertaining to any civic, patriotic or special event of general public interest. (uu) Statue. Athree-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. (w) Super Graphic. A painted design which covers all or a major portion of a wall, building or structure. A super graphic is a sign only if it is related by language, logo, or pictorial depicfion to the advertisement of any product or service or the idenfification of any business. (ww) Temporary Sign. Any sign which is installed for a period not to exceed thirty days. (rr) Sign Face. An exterior display surface of a sign including non-structural trim exclusive of the supporting structure. No Change (except numberinp~ (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. No Change (except numbering) (tt) Site. All the contiguous ground area legally assembled into one development location. Revised (uu) Special Event Sign. A sign authorized through the issuance of a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68. No Change (except numbering (w) Statue. Athree-dimensional representation, including a sculpture. A statue that is related to the advertisement of any product or service or the rden8ficatinn ofanv business is a Revised (ww) Super Graphic. A painted design which covers all or a major portion of a wall, building or structure. Revised (xx) Temporary Sign. Any sign, not permanently attached to the ground or a structure, which is installed or placed for Attachment B 11 (xxj 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 Section 9.52.130. (yy) 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 pazapet or roof line; but does not include a high rise sign. (zz) Vehicle Sign. Any sign permanently or temporarily attached to or placed on a vehicle or trailer. (aaa) Wall Sign. Any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately pazallel to the plane of said wall. (bbb) 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. Na Change (except numbering) (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. No Change (except numbering (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 line and the top of a parapet or roof line, but does not include a high rise sign. No Change (except numbering) (aaa) Vehicle Sign. Any sign permanently or temporarily attached to or placed on a vehicle or trailer. No Change (except numbering) (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. No Change (except numbering) (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. Attachment B 12 Qf52:~Q~ S~gu Adu~~m~ats Existing In order to assure adequate business identifcafion, 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 property that do not apply generally to other properties in the vicinity; (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 City's General Plan, Proposed No Change In order to assure adequate business identification, avariance 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: Revised (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 would arise from unique physical or topographic circumstances or conditions of project j design; Revised (b) The granting of the requested variance would not constitute a grant of special privilege inconsistent with the limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning regulations. Revised (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 relationship of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering. Revised (d) The granting of the variance would not be inconsistent with the purposes of this Chapter. Attachment B 13 A sign adjustment application shall be processed in accordance with the procedures for a sign permit application. No Change A sign adjustment application shall be processed in accordance with the procedures for a sign permit application. For purposes of this Section, the No Change prohibitions contained in Section 9.52.150 shall be deemed to be nonstructural For purposes of this Section, the provisions of this Chapter. prohibitions contained in Section 9.52.150 shall be deemed to be nonstructural provisions of this Chapter. However, after February 1, 2000, no No Change applications for sign adjustments maybe ted to request retention of any acce However, after February 1, 2000, no p nonconforming signs subject to Section applications for sign adjustments may be 210. 52 9 accepted to request retention of any . . nonconforming signs subject to Section 9.52.210. Attachment B 14 .~~~~ ~~5 ems .~~ ~ ~ ... ~:~ ~ -~.~ . ~ ;, ` ; ..Existing. Proposed Add the following new Section in its entirety 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 at least three feet from such windows. or openings. (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. >(d) 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 and Section 9.52.200. Attachment B 15 Existng Proposed 9.52.130 -Signs Exempt from ARB Revised approval 9.52.130 -Permanent Signs Exempt from ARB a pr•oval The following signs are exempt from the Revised permit requirements of this Code but must be in conformance with all other applicable The following signs are exempt from the requirements of this Code: 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 re uirements of this Code: (a) Building Identification Signs. Revised Building identification signs not to exceed two square feet in area; (a) Building Identification Signs. Building identification signs not to exceed two square feet in area so as to ensure that safety personnel and members of the public can immediately identify the name and/or location of the property; (b)Construction Signs. Construction signs Exisfing heading and text to be deleted not to exceed twenty-four square feet each in azea and not more than six feet in height Refer to added Section 9.52.I35(b)(1)(B) 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 Existing heading and text to be deleted. not to exceed two squaze feet in area for each sign; Add (b) An exterior sign erected next 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, Attachment B 16 "exit "; (d) Holiday Deeorations. Holiday displays Existing not to exceed a total of six weeks of display and text to be deleted. Refer to Section 9.52.030(dd), an added 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), (j) (k), or (1) of Section 9.52.150; (f) Real Estate Signs. Real estate signs in a residentially zoned district which are located on the pertinent site, aze 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; Existing heading and text to be deleted Refer to added Section. 9.52.125(d) Existing heading and text to be deleted Refer to added Sections 9.52.I35(b)(1)(A), 9.52.135(b)(I)(C), 9.52.135(b)(2)(A), 9.52.135(b)(1)(D) Existing heading and text to be deleted. Refer to added Section 9.52.130(c) below Add Attachment B 1 ~ Public (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; (d) Tablets and Plaques. Tablets and plaques of metal or stone, installed by an historical agency, including names of buildings and dates of erection, and not exceeding twenty four inches in any (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; (j) 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; (1) 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 or identifying a business where, due to construction activities, the front fagade to the building is blocked from the street by barricades or related construcfion materials or equipment. No banner shall exceed twenty percent of a business' front building facade area or one hundred square feet, whichever Existing heading and text to be deleted. Refer to added Section 9.52.135(b)(2)(E) No Change (e) Theatre Sign. Theatre sign copy or display changes on existing theatre marquee signs or permanently affixed No Change (~ 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; No Change (g) Change of Copy of Billboards. The Existing heading and text to be deleted Refer to added Section 9.52.135(b)(2)(C) Attachment B 18 is less. No banner shall extend above the second floor floor line. There shall be a limit of one such banner per new business for one sixty day period or one such banner per impacted business until completion of construction activity. These banners shall not be included in allowable sign area. Attachment B 19 Ja~~~ ~~ ~~~ ~~~ y ~ -:. ~~QuS Existing Proposed Add the following new Section in its entirety 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 the Chapter. All signs listed in this Seetion must be in conformance with all other applicable requirements of this Code: (a) Basic Requirements Governing Temporary Signs. 1. Illumination: No temporary sign shall be internally or externally illuminated. 2. Location: (A) Except as provided by this Section, no temporary sign shall extend into or over the public right-of-way of any street. (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 adjacentpremises. 5. No temporary sign shall be erected or maintained which, by reason of its size, location or construction, constitutes a Attachment B 20 hazard to the public or impairs accessibility 6: Collection and Retrieval of Temporary Signs Placed in the Public Right-of--way: (A) The City may collect temporary signs placed in the public right-of--way which are not authorized by this Chapter. (B) Each sign collected will be stored for a minimum of 30 days. (C) Notice will be mailed 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. 1. 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 or 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 as a real estate sale, garage sale, home construction or remodeling, etc. Signage shall be allowed for each lot as follows: (A) 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 maybe Attachment B 21 erected if the property borders a second street and the signs are not visible simultaneously. On tracts of land more than two 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. (B) 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. (C) One'temporary on premises sign not exceeding four square feet in area which is erected for 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. (D) Temporary signs placed at street intersections in relatively close proximity to a property for sale or lease during the time of the display of the so long as accessibility is not impaired and there are not more than four such signs in a four square feet area and not exceeding six feet in height per site. 2. 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.• (A) One temporary 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 Attachment B 22 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.. (B) One temporary 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. (C) One temporary banner on a business that is newly opened not exceeding twenty percent of a business' front buildingfa~ade area orone-hundred square feet, whichever is less, not extending above the second floor line, and limited to one sixty day period. (D) 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. (E) Temporary window signs not to exceed twenty percent of the first floor's total frontage glass area. (c) Temporary signs are prohibited signs except as provided by this Section. Attachment B 23 Existing Proposed When reviewed and approved by the No Change Architectural Review Board; signs shall be permitted under the following provisions: YVhen reviewed and approved by the Architectural Review Board, signs shall be permitted under the following provisions: (a) Attraction or Reader Boards. No Change Attraction or reader boards so long as they do not exceed twenty percent of total (a) Attraction or Reader Boards. allowable sign area. Copy must be changed Attraction or reader boards so long as they periodically during each calendar year; 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 No Change or printed on the surface of the awning material; (b) Awning Signs. Awning signs painted or printed on the surface of the awning material; (c) Ground Signs. One ground sign for No Change each site in the commercial and industrial districts. A monument type sign is (c) Ground Signs. One ground sign for permitted so long as it does not exceed six each site in the commercial and industrial feet in height above grade. A pylon type districts. A monument type sign is sign is permitted as long as it does not permitted so long as it does not exceed six exceed thirty inches in width and does not feet in height above grade. A pylon type exceed sixteen feet in height above grade. sign is permitted as long as it does not The maximum area of one-side of a ground exceed thirty inches in width and does not sign, including its base, is forty square feet; 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; No Change (d) Light Bulb Strings; (e) Marquee Signs. Marquee signs that do No Change not extend more than twelve inches from the surface of the marquee, nor provide less (e) Marquee Signs. Marquee signs that do than eight feet of clearance above ground not extend more than twelve inches from level are permitted; the surface of the marquee, nor provide less than eight feet of clearance above ground level are permitted; (f) Special Event Signs. Special event Existing heading and text to be deleted. signs other than those that require City Council approval pursuant to Section Refer to added Sections 9.52.125(b) and 4.08.490 of this Code; (c) Attachment B 24 (g) Statues; No Change (except numbering) (fl Statues; (h) Wall Signs. Wall signs so long as the No Change (except numbering display surface of the sign does not extend more than twelve inches from the wall, is (g) Wall Signs. Wall signs so long as the parallel with the wall, does not project display surface of the sign does not extend above the top of the wall or parapet or . more than twelve inches from the wall, is more than thirty inches above the second . parallel with the wall, does not project floor floor line in multistoried buildings, above the top of the wall or parapet or and does not contain copy or lighting on more than thirty inches above the second any surface parallel with the wall other .floor floor line in. multistoried buildings, than the sign face. A wall sign maybe and does not contain copy or lighting on located on the sloping surface of a roof, any surface parallel with the wall other with no air space between the roof and the than the sign face. A wall sign may be sign, may not project above the high point located on the sloping surface of a roof, of the roof and may not be more than with no air space between the roof and the twelve inches in depth. 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 No Change (except numbering) window signs so long as the sign area does not exceed twenty percent of the first (h) Permanent Window Signs. Permanent floor's total frontage glass area. window signs so long as the sign area does not exceed twenty percent of the, first floor's total frontage glass area. Attachment B 25 ~~~~~~~~~~~Li'4~ R•s~ ' ~3 vvS uF'S2: -.e... .~ cJ . ' P. Existing Proposed The following signs, and any sign not No Change authorized by Section 9.52.130 or Section 9.52.140, are prohibited: The following signs, and any sign not authorized by Section 9.52.130 or Section 9.52.140, are prohibited: (a) Animated Signs. Animated signs except Revised those displaying only cycling time or temperature. (a) Animated Signs. (b) Balloon Signs. No Change (b) Balloon Signs. (c) Emitting Signs. Emitting signs except No Change that menu order taking signs at drive-in restaurants, automated bank tellers, and (c) Emitting Signs. Emitting signs except signs at drive-through banks may use that menu order taking signs at drive-in sound communication. restaurants, automated bank tellers, and signs atdrive-through banks may use sound communication. (d) Free-Standing and Pole Signs. Revised Freestanding and pole signs except real estate signs. (d) Free-Standing and Pole Signs. (e) Miscellaneous Signs and Posters. No Change Miscellaneous signs and posters tacked, painted, posted or otherwise affixed on the (e) Miscellaneous Signs and Posters. walls of a building, or on a tree, pole, fence Miscellaneous signs and posters tacked, or other structure, and visible from a public painted, posted or otherwise affixed on the way. walls of a building, or on a tree, pole, fence or other structure, and visible from a public way. (f) Off-Premises Signs. No Change (~ Off-Premises Signs (g) Paper, Cloth or Plastic Streamers and Revised Bunting. Paper, cloth, or plastic streamers and bunting except holiday decorations and (g) Paper, Cloth or Plastic Streamers and special event signs. Bunting. Paper, cloth, or plastic streamers and bunting. (h) Portable Signa. Revised (h) Portable Signs, except temporary signs authorized pursuant to Section 9.52.135. (i) Projecting Signs. No Chan e Attachment B 26 G) (k) Traffic Sign Replicas. Traffic sign replicas which simulate or imitate in size, color, lettering or design, any traffic control sign or signal. (1) Upper Level Signs. (m) 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.. Signs. No Change No Change (k) Traffic Sign Replicas. Traffic sign replicas which simulate or imitate in size, color, lettering or design, any traffic control sign or signal. No Change (l) Upper Level No Change (m) Vehicle Signs. No person shall park any vehicle or trailer on a public right-of- way orpublic 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 ofproducts 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 identificaton practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle. No Change Attachment B 27