SR-092308-7Ac7~
ccror City Council Report
Santa Monica'
City Council Meeting: September 23, 2008
Agenda Item: ~-' "~}
To: Mayor and City Council
From: Marsha Moutrie, City Attorney
Subject: Proposed Amendments to Municipal Code Provisions Governing Signs
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 to conform to current legal
requirements and to clarify certain of the Sign Code's provisions.
Executive Summary & Discussion
At its meeting of July 23, 2008, the City Council reviewed the proposed ordinance which
would amend the City's Sign Code. The Council directed that Staff consider and
propose four modifications to the draft ordinance. In response to the Council direction,
Staff proposes the following additional revisions to the draft ordinance:
• Establish that in addition to exempting signs inside a structure or building
which are not visible through windows or building openings, signs which are located a
minimum of five feet from such windows or openings and from an adjacent window
merchandise display case, if any, shall also be exempt. Since the purpose of this
provision is to exempt interior signs that are not designed to attract attention outdoors,
there should be sufficient distance between the window/display and the sign to enable a
person within the building to read the sign. The minimum interior access required
pursuant to the American with Disability Act is five feet.
• Clarify that noncommercial signs are exempt from the Sign Code provided
they are not of a specified sign type otherwise prohibited by the Code including, but not
limited to, free-standing and pole signs, projecting signs, and upper level signs.
• Clarify that convenience signs are exempt from the requirement of obtaining
a permit from the ARB so long as the number of such exempt signs do not exceed two
per parcel for each street frontage. Staff believes that the proposed limitation on the
number of exempt convenience signage would still allow the vast majority of
convenience signage to be exempt since such signage is typically utilized to identify
entrances and exits for subterranean parking. Moreover, additional convenience
signage would not be prohibited; it would however require a sign permit or sign
adjustment.
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• Clarify that temporary signs, including real estate directional signage, may
not be placed on public property, including parkways and sidewalks. Such temporary
signage, including real estate directional signage, could be located on private property
so long as the signage is in close proximity to a property for sale or lease during .the
time that the property is open to the public and there are no more than four such signs
on the property.
Prepared by:
Marsha Jones Moutrie, City Attorney
Attachment: Proposed Ordinance
Sign Code Revision Comparison Table
July 23, 2008 Staff Report (without attachments)
July 23, 2008 Supplemental Staff Report (without attachments)
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Approved: Forwarded to Council:
f:\atty\muni\laws\barry\signcodeamerid08 9-23-08.doc
City Council Meeting 09-23-08 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, 9.52.150, AND 9.52.200 AND ADDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.52.125, AND 9.52:135 RELATING TO SIGNS
WHEREAS, the City's Sign Code was originally adopted in 1985 and as detailed
in the administrative record and in Santa Monica Municipal Code Section 9.52.020,
advances a variety of purposes and interests, including but not limited to, protecting the
health, safety, property, and welfare of the public; providing a neat, clean, orderly and
attractive appearance of the community, improving the effectiveness of signs, providing
for safe construction, location, erection, and maintenance of signs, preventing the
proliferation of signs and sign clutter, and minimizing adverse visual safety factors to
travelers of public streets and sidewalks; and
WHEREAS, in developing this ordinance and the currently proposed
amendments, the City Council has been mindful of legal principles relating to regulating
signs and the City Council does not intend to suppress or infringe upon any expressive
activities protected by the First Amendment of the United States and California
Constitutions; and
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WHEREAS, in assessing the proposed amendments to the Sign Code, the City
Council has considered decisions of the United States Supreme Court and the United
States Court of Appeals for the Ninth Circuit, including but not limited to: Metromedia,
Inc. v. City of San Diego, 452 U.S. 490 (1981); City of Ladue v. Gilleo, 512 U.S. 43
(1994); National Advertising Co. v. City of Orange, 861 F.2d 246 (9th Cir. 1988); Desert
Outdoor Advertising v. City of Moreno Vallev, 103 F.3d 814 (9th Cir. 1996); Foti v. Citv of
Menlo Park, 146 F.3d 629, 635 (9th Cir. 1998); Clear Channel Outdoor Inc. v. City of Los
Angeles, 340 F.3d 810 (9th Cir. 2003); Lombardo v. Warner, 353 F.3d 774 (9th Cir.
2003); G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d -1064 (9th. Cir. 2006); Desert
Outdoor Advertising v. Oakland, 506 F.3d 798 (9th Cir. 2007); Get Outdoors II, LLC, v.
City of San Diego, 506 F,3d 886 (9th Cir. 2007); Outdoor Media Group, Inc. v. City of
Beaumont, 506 F.3d 895 (9th Cir. 2007);
WHEREAS, the amendments to the Sign Code contained in this proposed
ordinance have been made to ensure that the Sign Code continues to comply with
evolving constitutional principles as set forth in these decisions,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Section 9.52.020 is hereby amended
to read as follows:
Section 9.52.020. Findings, as~d purposes, and
olicies.
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 advertisinc{
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 CitV'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.
{a}te 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.
Es)~ The Santa Monica Sign Code provides
minimum standards to safeguard life, safety, property and
public welfare by reviewing design and by regulating size,
construction, location, electrification, operation and
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maintenance of all signs and sign structures exposed to
public view within the City. The visual appearance and traffic
safety of the City cannot be achieved by measures less
restrictive than the procedures and standards of this
Chapter
(f) The Citv has extensive and wide-ranging
programs regulating the aesthetics of its public streetsca~e
and private development.
{d}am It is also the intent of the City to regulate signs
consistent with California Business and Professions Code
Section 5490-5497 to the maximum extent permitted by
state law.
(h) To ensure that the Santa Monica Sign Code is
neutral with respect to noncommercial messages, subiect to
the property owner's consent, a noncommercial message of
anv type may be substituted for anv duly permitted or
aflowed commercial message or any duly permitted or
allowed noncommercial message, provided that the sign
structure or mounting device is legal without cdnsideration 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 requirement that a sign
structure or mounting device be properly permitted does not
allow a change in the physical structure of a sign or its
mounting device' does not allow the substitution of an off-
premises commercial message in place of an on-premises
commercial message' does not a[Iow one particular on-
premises commercial message to be substituted for another
without otherwise complying with this Sign Gode• 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 Sign. Any sign which has any visible
moving part, flashing or osculating lights, visible mechanical
movement of any description, or other apparent visible
movement achieved by any means.
(d) Area of Sign. The area included within the outer
dimensions of a sign. On signs with more than one face, that
face or those faces visible from 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.
7
(f) Awnin . 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.
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(m) Commercial Sign. Any sign with wording, logo,
or other representation that directly or indirectly names
advertises or calls attention to a business, product, service,
profession, commodity, event, person, institution, or other
commercial activity or otherwise contains commercial
speech.
(n) Commercial speech. AnV message proposing a
commercial transaction or related to the economic interests
of the speaker and its audience.
'rinn+'f~i nn #hn nnrc nnc f'rm r hnc'n c rlirnn+iv nnnnnn#nrJ
infnr~vrFYr'nrmiorrSkf{Tr'aS-13v--par~~'err°'rg,-eirt~anFe,r~ ~~rJef~
ent;ance,~~ "restr®ems," "manager," ~~ev~at~d ;hr~e-IiL,«-;;~t
rPnac nn+ nnn#nin hr.~n,+ +rnrln r h nc.c 'rdnn#ifina#inn onr!
(o) Emitting Sign. A sign which emits sound, odor, or
visible matter such as smoke or steam.
9
(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.
{~r}(t Illegal Sign. Any sign placed without proper
approval or permits as required by the Santa. Monica
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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.
(~~ 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.
~1~2 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.
{y}j~ 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.
{-z}~i 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
(~} as Mural. A picture on an exterior surface of a
structure. ,
{c-~}~ Neon Signs. A sign with tubing that is
internally illuminated by neon or other electrically charged
gas.
jcc} 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-} e2 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.
(ea}~ff Off-Premises Sign.
inni i~ei rli wl rnrl~Vn+c .e il.~hle nn 4he n
~ ~ ~ e
^~"„~„~re~h°=,i~~sro~te~ A commercial sign which displays
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.
(~#}~ On-Premises Sign. ^^~~.
nn +hn n ~n,h(.r., +h.+ Winn 'c Innn+ F. A commercial
sign that is other than an off-premises sign.
{hh} Permanent Sign. Any sign that is a legally
placed sign which is intended to be and is so constructed as
to be of a lasting and enduring condition remaining
unchanged in character, condition tbeyond normal wear) and
position and in a permanent manner affixed to the ground,
wall, or building.
{~} ii Pole or Post Sign. Afree-standing sign.
13
(+i-}(jj~ Portable Sign. Any movable sign not
permanently attached to the ground or a building.
{{}}~ Projecting 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.
(II} Public Sign. A sign on public properly open to the
public which is erected or maintained by a public agency or
which serves to fulfill a permit condition imposed by a public
agency such as a sign erected to preserve the safe and
efficient control of traffic and parking or to provide notification
of essential governmental services.
{kk} mm Pylon Sign. A ground sign having a vertical
dimension greater than its horizontal dimension.
r+ar#~in'nn #n 4ha Coln avnhnnn lances ran#nl nr or+n'In hale#+~
14
{+-rtm)(nn) Revolving or Rotating Sign. An animated
sign.
~}(oo) Roof Sign. Any sign erected upon a roof,
parapet, or roofmounted equipment structure and extending
above a roof, parapet, or roofmounted equipment structure
of a building or structure.
{ee}~pp~ Sign. Any name, figure, character, outline,
display, announcement, or device, or structure supporting
the same, or any otherdevice 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}~~gj 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
{-g~-} 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.
{ss}~tt Site. All the contiguous ground area legally
assembled into one development location.
{##~ uu Special Event Sign.
...~+: ..+,. ~i a on+,.~..o.,o.~~ n~~hi'~ ~.,+oro~+ A sign
authorized through a community events permit issued
pursuant to Santa Monica Municipal Code Chapter 4.68
{mss} 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
{v~}~ Super Graphic. A painted design which
covers all or a major portion of a wall, building or structure.
A' nnor nr~. nL~'n is ~. o'nn nnl~i 'f 't ' re+I~.torJ by i~-.nn rv.no
{ter-} xx Temporary Sipn. Any sign, not permanently
attached to the ground or a structure, which is installed or
lap ced for aper-ied n^++^ ,..,^nn,+ +h'.+., ,+^.,~ limited duration.
{~jyy~ 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.
(-yp-} zz Upper Level Sign. Any sign mounted on a
building that is placed in whole or in part between thirty
inches above the second floor floor line and the top of a
parapet or roof line, but does not include a high rise sign.
~} aaa Vehicle Sign. Any sign permanently or
temporarily attached to or placed on a vehicle or trailer..
{aaa}jb~ 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
(-bbb} 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
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\ Thnra .~ an#'n ~I n me#.~n
18
+° n#h°r nrnn°.+~°~ •n +h° ,,;n;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)
nn# h° mo#°r'o li,i rJ °tr;m°nt^I M +ha n nn°ri,i n,nrn°rc ~n #hn
vic~+fjF 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 sign size and the size and style of
lettering.
(d) The granting of the variance would not be
its inconsistent with the ^°^°•°' ^"~°^+'~~° ^+*""s
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 9.52.1.50 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 Siqn Code:
ta) All signs which are placed inside a structure or
building and which are either not visible through windows or
building openings or are located a minimum of five feet from
such windows or openings and from an adjacent window
merchandise display base, if and
(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}, (d), {i), {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 -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
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
e..no~.~ +,.,,, .- ~ a~~+ ~r, ., ., fnr annh ~.,.., Exterior signs
erected on or immediately adjacent to an entrance, exit, rest
room, office door, telephone, or similar property feature
provided that the sign does not exceed two square feet in
area for each sign (which firpically contains information such
as "no parking," "entrance," "service entrance," "restrooms,"
"manager," and "exit") so long as the number of exempt
exterior signs do not exceed two per parcel for each street
frontage;
year;
22
F~
can+~nn n ti~ ~Fn~
c'+r_. nn+'II ~m'notaA fln nn} avnaar+ c v faa+'n +n+al ..
~.y~
:~Y:°"r° ~nsh h3=fear ineh riders~les sne~pe,. h~;~se
foot of c+raa+ frnn+nnn In n.-lA~+'nn fn ~r rn..l ac~+.~4a nfF
$1~@:
ord. r+'c+r'n+~nrhinh n a Innntar! nn tha narf'na nth il.+inn
nn+ ilh m'notarl .fn nn+ avnaarJ Kara n+v fn ~ nra foot a.,n h
~~ i
nni hinhar }hon #h'h~r innhaa nhnva +ha r nnrl finny. 1'n
nr! ~~rh inh .~ a I'm i+ar+ +n n n fnr annh h. ilrlinn -+nrd m c+
23
&Bn~leted;
{c) Public signs provided that they are not of the type
prohibited bV subsections (a), (b), (c), (h}; (i), (j), (k), (I), and
(m) of Section 9.52.150.
~{h-} Tablets and Plaques. Tablets and plaques of
metal or stone, installed by an-ressgei-zed historical agency
including names ofibuildings
and date of erection, and not exceeding twenty-four inches
in any dimension;
24
~~ Theatre Sign. Theatre sign copy or display
changes on existing theatre marquee signs or permanently
affixed display cases;
{~f {Ic} 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;
~~y Change of Copy of Billboards. The change of
copy of any off-premises sign;
'rlon4ih rinn o h tnrhnm r! r~ 4n nnnc+r n#inn on#'v 4'oc
Aln h.+n ner ch.~ll evnoorl heronfir nornn n+ of n h n' frnn+
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 Municpal 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, on or over the public right
of way of any stree# alley or other publicproperty.
26
tB) No temporary sign shall extend into the
hazardous visual obstruction zone as established by Santa
Monica Municipal Code Section 9.04.10.02.090.
t3} 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,
cohstitutes a hazard to the public or impairs accessibility
(6) Collection and Retrieval of Temporary Signs
Placed in the Public Right of Way:
tA) 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
(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.
The owner of a sign may retrieve a sign
collected by the City within 30 days of the collection date.
The owner must present proof of ownership of the sign and
pay a sign retrieval fee in an amount established by
resolution of the City Council
(b} Authorized Temporary Signage In Any
Residential Zone. In any residential zone temporary
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 usually and
customarily relates to an event such a real estate sale.
garage sale, home construction or remodeling etc. signaqe
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 b~ghteen inch pennant for each twenty
linear feet for street frontage provided the sign is removed
within fifteen days from the sale; lease or rental of the
property. An additional sign of the same size may be erected
if the property borders a second street and the signs are not
visible simultaneously. On tracts of land of more than 2
acres in residential zones the sign area may be increased to
32 square feet. In no case shall the sign or signs be erected
for more than twelve (12) months.
(2) One tempararV 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.
(3) One temporaN 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) Four temporary signs not exceeding six feet in
height ^'^^°~' ^+ ^+.^°+ ;^+^.^^^+'^^r placed on private
property in relatively close proximity to a property for sale or
lease during the hours that the properky is open to the public
for viewing.
(5) Public Signs provided that they are not of the type
prohibited by subsections (a), (b), (c), (i), Q), (k), (I}, or (m} of
Section 9.52.150.
(c) Authorized Temporary Signage In Any
Commercial Zone. fn 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
or type of signaqe otherwise allowed by thin Gode. This
signaqe sha(I not be restricted by content but is usually and
custamarily 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 on-premises sign which is
located on the building that is for sale, lease, or rehtaf nat
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
30
days from the sale, lease or rental of the property. Properties
with a lot width of fifty feet or Tess shall be limited to sixteen
square feet per site. An additional sign of the same size
may be erected if the property borders a second street and
the signs are not visible simultaneously.
(2) One temporary on-premises sign on property that
is ongoing construction or remodeling not exceeding twenty-
faur 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 dam
completion of any construction or remodeling.
{3) One temporary on-premises banner on a
business that is newly opened not exceeding twenty percent
of a business' front building 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.
(4) One temporary on-premises banner on a
business where due to construction activities the front
facade to the building is blocked from the street by
barricades or related construction materials or equipment,
not exceeding twenty percent of a business' front building
facade area or one hundred square feet, which ever is less
31
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 Gode Part 9.04.20.06 or
any successor legislation thereto. The signage shall be
allowed for the same duration as the temporary use.
(6} Temporary window signs not to exceed twenty
percent of the first floor's total frontage glass area and
limited to two thirty-day periods in any calendar year for each
site. Temporary window signs shall not extend above the
second floor line.
(7) Public Signs provided that they are not of the type
prohibited by subsections (a}, (b) (c), (i) (i), {k), (I) (m) or
{n) of Section 9.52.1fi0.
jd} Temporary signs are prohibited signs except as
provided by this Section or otherwise exempt pursuant to
Section 9.52.125.
SECTION 7. Santa Monica Municipal Code Section 9.52.140 is hereby amended
to read as follows:
32
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 ndt 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 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 surtace of the
33
marquee, nor provide less than eight feet of clearance above
ground level are permitted;
~f}-S~eeiat-€vent~:gns-ope~~a;-event s+gns--e'"~
.,...,,...,~qu~~....,.y .,.,,.~~vn..rN'~-ro
4~~ 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. Aa+t~aEe~' ^ ^^++ti^n^
(b) Balloon Signs.
(c) Emitting Signs. Emitting signs except that
^~°^~~ ^~^'^~+^'~'^^ °~^^° devices for communicating with
customers at drive-in restaurants, automated bank tellers,
and s+gas at drive-through banks may use sound
communication.
(d) Free-Standing and Pole Signs. c~tat~diag
(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.
35
(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 9.52.335.
(i) Projecting Signs.
Q) Roof Signs.
~aih'nh cim do#e, nr im'}.~#® 'rr cioa nnlnr la##orinn nr rl c~d.vn
{~}~ Upper Level Signs.
(ra~}~ 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
36
devices are painted on or permanently attached to a
business or commercial vehicle.
(n}~ High-Rise Signs.
SECTION 9. Santa Monica Municipal Code Section 9.52.200 is hereby amended
to read as follows:
9.52.200 Signs on street.
(a) No person shall erect, suspend or maintain a
sign on, across, or above any street, alley or public ~e
rp operty, or any portion thereof, except as may be allowed or
required by the Municipal Code, or the laws of the State or of
the United States.
(b) Nothing in the Santa Monica Sign Code shall.
be deemed or construed to prohibit, upon this issuance of
the permits required herein, the erection, suspension, or
maintenance of any such sign within or at the recognized
boundary of the City, on, across, or above any such streets,
alleys, or public places or any portion thereof, such signs to
bear exclusively the name of such City and any appropriate
words of welcome, or information concerning said City,
without the addition of any words, advertising, figure or
devices of any kind:
37
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.
APPROVED AS TO FORM:
MAR A J~I S MOU IE
City orne
38
_r
_ ~-
_ _ _
Existing Proposed
9.52.020 -Findings and Purpose Revised
9.52.020 -Findings, purposes, and policies
The City Council finds and declares: No Change
The City Council fnds and declares.•
Add
(a) It is the intent of the Santa Monica
Sign Code to preserve and enhance the
aesthetic, traffrc 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 qnd 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.
(a) An excess of large, ugly, intense No Change (except numbering)
signs causes a visual blight on the
appearance of the City by detracting from (c) An excess of large, ugly, intense signs
views of structures and open space. This causes a visual blight on the appearance of
visual blight adversely affects the aesthetic the City by detracting from views of
quality of life and trafficsafety in Santa structures and open space. This visual
Monica for residents, businesses, blight adversely affects the aesthetic
pedestrians, and persons in vehicles. In quality of life and traffac safety in Santa
order to promote the appeazance of the Monica for residents, businesses,
City, while protecting the rights of sign pedestrians, and persons in vehicles. In
owners to expression and identification, the order to promote the appearance of the
regulation of existing and proposed signs is City, while protecting the rights ofsign
necessary to protect the public health, owners to expression and identifzcation, 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
nomesidents who come to visit or trade,
and to restrict signs which increase the
probability of accidents by distracting
attention or obstructing vision.
(c) 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.
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 visitor trade,
and to restrict signs which increase the
probability of accidents 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
and standards ofthis
(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.
Add
(fl The City has extensive and wide-
rangingprograms regulating the aesthetics
of its public streetscape and private
Revised
(g) It is also the intent of the City to
regulate signs consistent with California
Business and Professions Code Section
5490-5497 to the maximum extent
permitted by state law.
Add
Attachment B
(h) To ensure that the Santa Monica Sign
Code is neutral with respect to
noncommercial messages, subject to the
property owner's consent, a
noncommercial message of any type may
be substituted for any duly permitted or
allowed commercial message or any duly
permitted or allowed noncommercial
message, provided that the sign structure
or mounting device is legal without
consideration of message content. Such
substitution of message may be made
without any additional approval or
permitting. This provision prevails over
any more specific provision to the 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; and does not excuse compliance
with an approved sign program.
Attachment B
5 5" ~ B ham' R„_ 'S a.. E 9( c~
3_ ~ ~~~~ q ~e"3. 4~~
2~~
~'
t „
?h
~
~
a
~ ._ ~t4 C 5 3~,. f ~C {! k~ ¢e k, Fdc .~~:, d~gp..g
lr ~.~ ~'y ~i ._. n' m:l
. ~ via u,;E
~~ £
~e
~~b
j~e
°sE
~'rv
~~
~
_._. __.....v±
.. _.
._.
~
..
,
.m®
am
_d ..
Existing _ _
_
.-._.
^n_
.. .
e
,
5
'' ''
Prolzosed
(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 arty
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 at one
counted at fifty percent of their area in time will be counted at one hundred
calculating total sign area. In 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
products provided on the site.
(t) Awning. A shelter extending from the No Chan e
Attachment B
exterior wall of a building and composed of
nonrigid materials except for the (~ 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 supported 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. Where 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.
(I) Changeable Copy Sign. An attraction No Change
or reader board.
(1) Changeable Copy Sign. An attraction
or reader board.
Add
(m) CommerciaZSign. Arty 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
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 defznition 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.
(q) Grade. The level of the site at the No Change
property line located at the closest distance
to the sign. (rv 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 air space 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 6
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
including lighting which are a
nonpermanent installation celebrating
national, state, and local holidays or
seasons.
(u) Illegal Sign.
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.
Refer to Section 9.52.030(dd), an added
defznition for "non-commercial speech"
Na 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 (except numbering)
(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
No 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
Izrm, organzzanon, enzzry, or proaucz.
(y) Marquee. A permanent rooflike shelter No Change (except numbering)
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 affixed
Decorations. Signs or displays This defznition will be deleted.
Attachment B 7
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 of some durable
material which may or may not project
over a public right-of--way.
(z) Marquee Sign. Any sign painted on or No Change (except numbering)
attached to or supported by a mazquee.
(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
ordinances 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, (f~ 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.
(ft) 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 a
legally placed sign which is intended to be
and is so constructed 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.
(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 ofNon-
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
permanently 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 display surface of the (klr) 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
Attachment B
(Il) Public Sign. A sign on public property
open to the public which is erected or
maintained by a public agency or which
serves to fulfill a permit condition imposed
by a public agency such as a sign erected
to preserve the safe and efficient control of
(kl=c) Pylon Sign. A ground sign having a
vertical dimension greater than its
horizontal dimension.
(11) 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 roofmounted equipment
structure and extending above a roof,
parapet, or roofmounted 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
al] parts, portions, units, and materials
composing the same, together with the
frame, background, and supports or
arichoring thereof.
(pp) Sign Cans. A sign with a metal can
and an internally illuminated plastic face. A
traffic and parking or to provide
notification of essential governmental
services.
No Change (except numbering)
(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 numbering)
(nn) Revolving or Rotating Sign. An
animated sign.
No Change (except numbering)
(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 ofsimilar 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 anchorine thereof.
Change (except numbering)
Attachment B 10
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.
(qq) Sign Face. An exterior display si
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 asculpture. A
statue that is related to the advertisement of
any product or service or the identification
of any business is a sign.
(q~ 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.
No Change (except numbering)
(rr) Sign Face. An exterior display surface
of a sign including non-structural trim
exclusive of the supporting structure.
Na Change (except numbering)
(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.
(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)
(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 anv business is a sign.
~ (w) Super Graphic. A painted design ~ Revised ~
Attachment B I I
which covers all or a maj or portion of a
wall; building or structure. A super graphic
is a sign only if it is related by language,
logo, or pictorial depiction to the
advertisement of any product or service or
the identification of any business.
(ww) Temporary Sign. Any sign which is
installed for a.period not to exceed thirty
days.
(xx) 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 parapet 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 parallel 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,
(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 a
limited duration.
No 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
6r 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
Attachment B 12
signs located inside a building but visible
primarily from the outside of the building.
Attachment B 13
ag1'M-tea~~ .° ° sF ~ -~-~.sp~.~;:: °~:.r ~~'":-.~e~
•r~~ ~~~ ~ ~~~ ~. '` ~a.„ae-=~~R~;pp~i~~'a""~`.0:;s_~'?~G~~°-_°--..'.°-___.~...'yn'__~`' ~~§'~ a~ m~e ~ y.?c,'sa~~ ~:~~53
.d .
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Existing Proposed
In order to assure adequate business No Change
identification, avariance from any
nonstructural provision of this Chapter may In order to assure adequate business
be granted upon the filing of an application identification, avariance from any
for sign adjustment and subject to the nonstructural provision of this Chapter
following findings: maybe granted upon the filing of an
application for sign adjustment and subject
to the following findings:
(a) The strict application of the provisions Revised
of this Chapter would result in practical
difficulties or unnecessary hardships for the (a) The strict application of the provisions
business or property owner; 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) There are exceptional circumstances or Revised
conditions unique. to the property that do
not apply generally to other properties in (b) The granting of the requested variance
the vicinity; 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.
(c) The granting of the requested variance Revised
would not be materially detrimental to the
property owners in the vicinity; (c) The granting of the requested variance
would not be incompatible with other
nearby signs, other elements ofstreet 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.
(d) The granting of the variance would not Revised
be contrary to the general objectives of this
Code and to the City's General Plan, (d) The granting of the variance would not
be inconsistent with the purposes of this
Chapter.
Attachment B 14
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 9.52.1 S0
shall be deemed to be nonstructural
provisions of this Chapter.
However, after February 1, 2000, no No Change
applications for sign adjustments may be
accepted to request retention of any However, after February 1, 2000, no
nonconforming signs subject to Section applications for sign adjustments may be
.9.52.210. accepted to request retention of any
nonconforming signs subject to Section
9.52.210.
Attachment B 15
~., +, .~ .a- ~~-~.... ~~ za ~` ~" a, ~l.. ~mE `-~~ '=m~: j~c, ~ Via. ~-a:.-a amGn~K ~c` -3s:, ~_= "' ~ ;.
Existing Proposed
Add the following new Section irc 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 a minimum of five
feet from such windows or openings and
from an adjacent window merchandise
display base, if any.
(b) Signs authorized by a Community
Events Permit issued pursuant to Santa
Monica Municipal Code Chapter 4.68.
(c) Pole Banners and Over-the-street
banners authorized pursuant to Santa
Monica Municipal Code Section 4.08.500.
(d) Noncommercial signs provided that
they are not of the type prohibited by
subdivisions (a), (b), (c), (d), (i), (j), (k), or
(l) of Section 9.52.150 and Section
9.52.200.
Attachment B 16
m~ 6 4"e. _ M.~ .'~-„~i!3 R' ~
,
h~f~~
~~~
a~
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Existing Proposed
9.52.130 -Signs Exempt from ARB Revised
approval
9.52.130 -Permanent Signs Exempt from
ARB approval
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 requirements 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
sguarefeetin area which are authorized.
based on the City's compelling health and
safety interest in ensuring that safety
personnel and members of the public can
immediately identify the name and/or
location of the property, the hours of
operation, and emergency information;
(b)Construction Signs. Construction signs Existing heading and text to be deleted
not to exceed twenty-four square feet each
in area 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 aze 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 square feet in area for
each sign;
Add
(b)Exteriors sign erected on or immediately
adjacent to an entrance, exit, rest room,
office door, telephone, or similar property
feature provided that the sign does not
Attachment B 17
exceed two square feet in area for each
sign (which typically contains. information
such as "no parking, " "entrance, "
"service entrance, " "restrooms, "
"manager, "and "exit" so long as the
number of exempt exterior signs do not
exceed two per parcel for each street
(d) Holiday Decorations. Holiday displays
not to exceed a total of six weeks of display
during any calendar year;
(e) Political and Noncommercial Signs. _
Political and noncommercial signs
provided that they aze not of the type
prohibited by Subdivisions (a), (b), (c), (h),
(il (kl. or (11 of Section 9.52.150;
Exisfing heading and text to be deleted.
Refer to Section 9.52.030(dd), an added
definition for "non-commercial speech"
Existing heading and text to be deleted
Refer to added Section 9.52.125(d)
(f) Real Estate Signs. Real estate signs in a Existing heading and text to be deleted.
residentially zoned district which are
located on the pertinent site, are not
illuminated, do not exceed six feet in total
area and not more than six feet in height;
plus no more than three twelve inch by four
inch riders, plus one "open house" sign not
exceeding three square feet in area, plus no
more than one six inch by eighteen inch
pennant for each twenty linear feet of street
frontage. In addition, four real estate off-
premises directional signs not exceeding
four square feet in area and not exceeding
six feet in height is permitted per site.
Refer to added Sections 9.52.135(b)(1)(A),
9.52.135(b)(I)(C), 9.52.135(b)(2)(A),
9.52.1-35(b)(I)(D)
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 aze non-permanent signs
and must be removed when the advertised
Attachment B 18
transaction has been completed;
(g) Regulated Signs. Signs regulated by or Existing heading and text to be deleted.
required by any governmental agency;
.Refer to added Section 9.52.130(c) below
Add
(e) Public signs provided that they are not
of the type prohibited by subsections (a),
(b), (c), (h), (i), (j), (k), (1), and (m) of
Section 9.52.150.
(h) Tablets and Plaques. Tablets and Revised
plaques of metal or stone, installed by a
recognized historical agency for the (d) Tablets and Plaques. Tablets and.
purpose of identification and not exceeding plaques of metal or stone, installed by an
twenty-four inches in any dimension; historical agency, including names of
buildings and dates of erection, and not
exceeding hventy four inches in any
dimension;
(i) Temporary Window Signs. Temporary Existing heading and text to be deleted
window signs not to exceed twenty percent
of the first floor's total frontage glass area Refer to added Section 9.52.135(b)(2)(E)
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 No Change
display changes on existing theatre
marquee signs or permanently affixed (e) Theatre Sign. Theatre sign copy or
display cases; display changes on existing theatre
marquee signs or permanently affixed
display cases;
(k) Banners, Flags and Pennants. No Change
Banners, flags, and pennants that do not
directly advertise the business or activity (n Banners, Flags and Pennants.
located on the building site, provided that Banners, flags, and pennants that do not
no more than three such banners, flags, or directly advertise the business or activity
pennants for each site are exempt under located on the building site, provided that
this Section;. no more than three such banners, flags, or
pennants for each site are exempt under
this Section;
(1) Change of Copy of Billboards. The No Change
change of copy of any off-premises sign;
(g) Change of Copy of Billboards. The
change of copy of any off-premises sign;
Attachment B 19
(m) Temporary Business Banners. Existing beading and text to be delete~G
Temporary banners either announcing the
opening of anew business or identifying a Refer to added Section 9.52.135(b)(2)(C)
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. No banner shall exceed twenty
percent of a business' front building fa9ade
area or one hundred square feet, whichever
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 20
. m.;,5Sa `K 'E ~ ~~}4-~ ~
C~ ' ' IGF ~1 ~"~
~
~~~
~ -Su 5 F~g~ ~-c P~ ~ 'F`a'~°~.m=i?uRf~
~ kS f$
-» 't~~icm'~i~
~ S11'ii
~
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.....___
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~
_____v__.,u ._.__...._?..k am e~s:
-. _.
_._...w_
Existing Pra used
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 Section 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 obstructor obscure primary
signs on adjacentpremises.
S. No temporary sign shall be erected or
maintained which, by reason of its size;
location or construction, constitutes a
Attachment B 21
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 ifthe-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 signretrieval fee in an amount
established by resolution of the Giry
Council.
(b) Authorized Temporary Signage In Any
Residential Zone.
In any residential zone, temporary
signage shall be allowed for each and
every lot without issuance of a permit and
shall not effect 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:
(I) 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 pennantfor 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
Attachment B 22
additional sign of the same size maybe
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.
(2) One temporary on premises sign
on property that is undergoing construction
or remodeling not exceeding twenty four
square feet each in area and not more than
six feet in height above grade and limited
to one sign for each street frontage
provided the sign is removed within seven
days of completion of any construction or
remodeling.
(3) 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.
(4) Four temporary signs not
exceeding six feet in height placed on
private properly in relatively close
proximity to a property for sale or lease
during hours that the property is open to
the public for viewing.
(5) Public signs provide that they are
not of the type prohibited by subsections
(a), (b)~ (eJ~ (iJ~ G), (kJ, (l), or (m) of
Section 9.52,1 S0.
(c) 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 ofsignage otherwise allowed by this
Code. This signage shall not be restricted
by content, but is usually and customarily
Pelated to an event such as a real estate
sale, construction or remodeling, etc. The
signage shall be allowed for each lot as
follows:
(1) One temporary sign which is
located on the building that is for sale,
Attachment B 23
square feet each, are not higher than thirty
inches above the second floor line, and
which are limited to one sign for each
building, and must be attached to the
building, provided said signs are removed
within fifteen days from the sale, lease or
rental of the property. Properties with a
lot width offifty 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 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.
(3) 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, whichever is less, not
extending above the second 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 business' front building facade area or
one hundred square feet, whichever is less,
not extending above the second floor floor
line, and limited to the time that the fronC
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
Attachment B 24
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 period in any calendar year for
each site. Temporary window signs shall
not extend above the second floor line.
(7) Public signs provided that they
are not of the type prohibited by
subsections (a), (b), (c), (i), (j), (k), (l), (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.
Attachment B 25
~~~,v ~~ -~
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3
Existing Proposed
When reviewed and approved by the No Change
Architectural Review Board, signs shall be
permitted under the following provisions: When reviewed and approved by the
Architectural Review Board, signs shall be
permitted under the followingprovisions.•
(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) LightBulb Strings;
(e) Marquee Signs. Mazquee signs that do No Change
not extend more than twelve inches from
the surface of the mazquee, 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 26
(g) Statues; No Change (except numbering)
(~ Statues;
(h) Wall Signs. Wall signs so long as the No Change (except numbering)
display surface of the sign does not exterid
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 may be 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 ofa 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 27
~£:: -g ~ ~~~~~~~. ~i W a~"
~
° ~~
~ ~g._..5 `~~' ~ ~'~~~'c.(~'3~~en?~'3 Fd ~G P c~°
hE '~' .n...
_~ c ~ c....m.. . ~.. mtcau_......_.._.... .
sF~ n.wl..iA ~
at _.v
Existing Pro pled
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
9.52.14Q 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 devices for communicating with
sound communication. customers at drive-in restaurants,
automated bank tellers, and drive-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
(fl Off-Premises Signs
(g) Faper, 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 Signs. Revised
(h) Portable Signs, except temporary signs
authorized pursuant to Section 9.52.135.
(i) Projecting Signs. No Chan e
Attachment B 28
(j) 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.
(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.
(n) High-Rise Signs.
No Change
Delete
(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
(k) Upper Level
No Change
(1) 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 ofproviding
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.
No Change
Attachment B 29
City Council Meeting:.r4yfiF;??~96>}-
Agenda Item: ~V~
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 in 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 sign
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
C. C. # 173
example, the definition of "rea! 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 owher'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 Taws
3
C. C. # 174
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 pertormed 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
C. C. # 175
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); Mclntvre v. Ohio
Elections Commission, 514 U. S. 334 (1995) And, the constitutionality 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
5
C. C. # 176
Approved: Forwarded to Council:
~® Supplemental
~~tY°, City Council Report
Santa Konica
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 cla~ificatioh 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 consider 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
Approved:
`~-~
Ma sha Jo s Moutrie
Cit /Attor
Forwarded to Council:
P. Lamont Ewell
City Manager
2