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sr-051011-7c;,~r City Council Report s~~c~ ~~~~a~~4 City Council Meeting: May 10, 2011 Agenda Item: 7~ G To: Mayor and City Council From: Eileen Fogarty, Planning and Community Development Department Director Subject: Introduction and First Reading of an Amendment to Santa Monica Municipal Code Chapter 9.52 Regarding Signs Recommended Action Staff recommends that the City Council introduce for 1St reading an ordinance amending the Sign Code, Section 9.52 of the Santa Monica Municipal Code, to allow businesses to use different types of signage to create a greater identity, including reader boards to market wares and/or services to the public that are not located within the public right-of way. Executive Summary This report provides information regarding outdoor merchandise displays and proposed revisions to the Sign Code that are intended to address the business community's stated need to increase their identity through signage. It also includes an analysis of the proposed revisions and describes the public outreach efforts undertaken to solicit input from the business community and the Architectural Review Board. Finally, this report provides examples of sign codes of neighboring and other communities for reference and recommends amendments to the Code to allow for the following: • Modify the definition of Area of Sign to calculate the area of a sign to better reflect the area of the commercial content • Include the RVC (Residential Visitor Commercial) District in the. provisions for Commercial Districts regarding the amount and type of signage for businesses to be the same as in commercial districts • Allow projecting signs that are 4 '/z square feet or less throughout the City, not limited to the Bayside Commercial District • Allow small attraction or reader boards that are affixed to a set location either on the exterior of the building or in a location that is visible through the window in addition to total allowable signage. The ordinance is included as Attachment A. Background The current Sign Code regulates the amount, placement, and type of signage that businesses may install. In response to concerns voiced by the public during a Council Discussion Item (13C) at the November 10, 2009 meeting, the Council directed staff to return with revisions to the Sign Code that would allow businesses to use different types of signage to create a greater identity without impeding the right of way, including temporary signs to market their wares and/or services to the public. Additionally, the Council directed staff to consider expanding opportunities for the outdoor display of merchandise. Public Outreach To solicit input regarding potential modifications to the Sign Code, the City's Economic Development Division contacted the Pico Improvement Organization, Buy Local Santa Monica businesses, Downtown Santa Monica, Inc., Montana .Avenue Business Improvement District and the Main Street Business Improvement Association. Through these organizations, over 800 businesses were contacted. Businesses were provided information regarding the types of signs currently allowed as well as sign types that are prohibited and were asked to provide feedback, specifically regarding the type of signs they feel are needed. The responses were similar throughout the different commercial districts. Businesses expressed a need for larger lettering and/or larger signs than currently allowed. Portable or A-frame sidewalk signs were identified as desirable and were noted to be effective for drawing in foot traffic, especially for businesses located off of "the main drag". There was consensus that projecting signs should be permitted; within the Bayside District where 4 '/2 square foot projecting signs are currently permitted, some businesses would like these signs to be larger. The desire to allow more space for window signage or to relax the rules regarding window signage was expressed by businesses within the Main Street and Pico Business Improvement Districts. Finally, some businesses felt that temporary banners and balloons should be permitted. 2 A follow-up community meeting was held jointly by the Economic Development Division and the City Planning Division on February 1, 2011 to present staffs preliminary approach to Sign Code revisions. Notices of the meeting were mailed to approximately 1400 businesses and posted on the Buy Local website. Approximately half of the 26 attendees were representatives of the Main Street Improvement District, several were Bayside District and Pico Improvement Organization business owners; the Montana Avenue Business Improvement District was not represented. There was general support for the proposed revisions; however, there was a consensus that additional revisions were needed to address their concerns. Specifically, the strong desire to change the Sign Code to allow sidewalk signs within the public right-of-way was expressed. This was the primary topic of discussion at the meeting. Additionally, although there was support for the use of projecting signs, several businesses expressed the need for additional sign area to allow these signs in addition to their existing signs. Additionally, the Architectural Review Board held discussion of potential modifications to the Sign Code at seven of its meetings in 2010. During these discussions the Board shared its thoughts and provided staff with general feedback regarding the methodology used to measure the areas of signs, the desire to allow more creative signage, the use of projecting signs throughout the City, and the broad issue of window signage. The Board is supportive of changing the methodology used to calculate sign area to allow for more creative design and to better measure the area devoted to the commercial content of the sign. Additionally, the Board has expressed support for the use of projecting signs throughout the City. The Board recognizes that temporary banners and window signs .are a significant enforcement issue and routinely refers cases to staff for enforcement. Additionally, the Board recognizes that enforcement of Sign Code provisions regarding temporary window signage are complicated by the interrelationship of signage with merchandizing (window displays) and the durational provisions for temporary signage. On February 23, 2011 and March 21, 2011 the Architectural 3 Review Board reviewed the proposed revisions to the Code and expressed general support. Additionally, staff researched the laws regulating signs within a number of similarly sized cities that value pedestrian orientation, including West Hollywood, Beverly Hills, Culver City, Santa Barbara, .Manhattan Beach, Hermosa Beach and Laguna Beach: Most of these cities have provisions to allow projecting signs, and most prohibit portable sidewalk signs (A-frame, or sandwich board). The amount of signage permitted and the method used to measure sign area varies between cities. Consideration of these codes helps identify reasonable and workable solutions that have been successful in other jurisdictions. Additionally, staff researched the laws in other jurisdictions that allow sidewalk signs as well as Americans with Disabilities publications regarding the sidewalk environment relative to accessibility. Outdoor Display and Sales of Merchandise In 2003 the City Council adopted an interim ordinance to allow outdoor merchandise displays within vestibules for retail establishments in limited areas of the City -the C2 District which encompasses the commercial areas along Montana Avenue between Sixth Street and Seventeenth Street, portions of Pico Boulevard, Ocean Park Boulevard, the commercial. area on Twenty-Sixth Street near San Vicente Boulevard, and the CM District which includes Main Street between Pico Boulevard and the southern City limits. These were adopted by the City Council in conjunction with other provisions to allow the placement of furniture, portable landscaping, and cigarette disposal receptacles both on private property and within the public right-of-way to create greater variety for pedestrians and thereby .enhance the pedestrian experience, generate broader interest among pedestrians to explore the commercial establishments, and enhance the economic viability of Santa Monica businesses. In March 2008 the City Council made these provisions a permanent part of the Zoning Code SMMC 9.04.10.02.340(1). 4 Discussion The proposed ordinance will modify the City's Sign Code to allow business owners additional options to provide business identification and to expand the application of the Sign Adjustment provisions to allow signs that would not otherwise be permitted by the Sign Code: The significant revisions which are discussed in greater detail below include: • Modify the definition of Area of Sign. to calculate the area of a sign to better reflect the area of the commercial content • Allow projecting signs that are 4 '/z square feet or less throughout the City, not limited to the Bayside Commercial District • Include the RVC (Residential Visitor Commercial) District in the provisions for Commercial Districts regarding the amount and type of signage for businesses to be the same as in commercial districts • Allow small attraction or reader boards that are affixed to a set location either on the exterior of the building or in a location that is visible through the window in addition to total allowable signage. In addition to the above substantive revisions, staff also took this opportunity to clarify the definition of public signs to include both signs on public property erected or maintained by a public agency and signs erected, on public or private property, by public or private entities, to fulfill a permit condition imposed by a public agency (e.g. traffic control signs). Definition of Area of Sign The proposed ordinance includes a revision to the definition of "Sign Area". The current definition of "Sign Area" is included in SMMC 9.52.030 (d) as follows: 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." As illustrated below in Figure A, this methodology using a single rectangle to define the perimeter of the sign often results in a calculated area that includes a large blank space without any commercial content. The proposed revision shown in Figure B would define 5 the sign area as the area completely enclosed by no more than eight line segments connected at right angles. This methodology would reduce the calculated area of signs that feature text or logos that extend above or below the primary copy of the sign or signs that include off-set lines of copy. This revision would allow businesses to install signs with copy or logos that extend above or below the primary body of the sign without requiring the sign to be reduced in size to accommodate the extremities of the sign. This will in part respond to the business community's request for larger lettering and/or larger signs. Furthermore, this methodology, which is the same method used by West Hollywood, is easy to illustrate and understand, and it will be relatively easy for Staff and the business community to calculate sign area. The Architectural Review Board expressed strong support for this proposed methodology to calculate sign area. Figure A Figure B RVC (Residential Visitor Commercial) District Sipnaae The current provisions of the Sign Code differentiate between residential and commercial/industrial zoning districts with regard to the total sign area permitted (SMMC 9.52.160). The RVC (Residential -Visitor Commercial) is located primarily along Ocean Avenue between California Avenue and Pico Boulevard, and on the Santa Monica Pier and Ocean Front Walk. The RVC permits a variety of uses including multi-family residential, hotels, restaurants, and retail uses that cater to the visiting public. The Sign Code allows commercial and industrial districts a maximum amount of sign area based 6 on the linear dimension of the building or store street frontage; whereas the maximum sign area within all multiple residential districts is limited to 25 square feet (SMMC 9.52.160(f)). While the RVC allows a variety of commercial uses, the Zoning Code considers it to be a residential district (SMMC 9.04.04.010). Consequently, the current sign code restricts signage to a maximum of 25 square feet per property. The proposed revisions would allow businesses within the RVC district to have the same amount of signage as their counterparts in the neighboring BSC (Bayside Commercial) District and the CM (Main Street Commercial) District. Additionally, existing signs for many businesses within the RVC, including several large hotels and restaurants, were apparently approved based on the standards for buildings within commercial districts; therefore, the proposed revisions would codify past practice. Proiecting Signs The current Sign Code prohibits projecting signs (SMMC 9.52.150(1)) except within the Bayside Commercial District (SMMC 9.52.170). A projecting sign is 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. Projecting signs less than 4 '/z square feet in size are permitted within the Bayside Commercial District and are specifically encouraged by the Bayside District Specific Plan and recognized as a pedestrian oriented form of signage. 7 The proposed revisions to the Sign Code would remove projecting signs from the list of prohibited signs and would add them to the list of permitted signs with the provision that the sign be no greater than 4 '/2 square feet. Projecting signs will allow businesses within all commercial and industrial districts to provide pedestrian oriented signage. The 4 '/2 square foot maximum size will help to ensure that the signs are pedestrian oriented. While, the regulations governing projecting signage vary, almost all of the other cities surveyed include provisions to allow projecting signs. Including projecting signs as a permitted sign type responds to the feedback from businesses in all of the business districts surveyed that expressed the desire to allow projecting signage. Additionally, projecting signs address visibility concerns expressed by businesses located "off the main drag". The Architectural Review Board supports the proposed revision to the Sign Code to allow projecting signs. At the community meeting businesses expressed a desire to be able to install these 4 '/ square foot projecting signs (7 square feet of calculated sign area fora 2-sided sign) in addition to the maximum amount of signage already allowed by the Code; however, staff is concerned that allowing additional sign area could be detrimental as it could lead to visual clutter. Staff does not recommend that additional permanent sign area be allowed. Portable Signs The use of portable sidewalk signs, including A-frame, or sandwich board, is prohibited by the current sign code; merchants expressed a strong desire to be able to employ these types of signs to generate business. The City Council direction to staff emphasized the need to ensure that these types of portable signage, if permitted, do not impede the public right-of-way. Many business owners express strong support for permitting portable signs. Not only did the business community express support for freestanding signs within entry vestibules or completely on private property, there was strong support to allow these types of signs on the public sidewalk or other public right-of-way. 8 Staff is concerned that any allowance for portable signs; on private property or within the public right-of-way, would likely result in obstructions on the public sidewalk that may impede the public right-of-way. Additionally, staff is concerned that there would be a proliferation of these signs resulting in visual clutter, potentially impacting the image of the impacted business district. Whereas, sidewalk signs may attract customers to an individual business, the pedestrian-friendly character of these business districts is paramount to their overall success. Staff believes that signs and other obstructions on the public sidewalk impede the public right-of-way and are to be avoided. A survey of the Main Street sidewalk(s) between Pico Boulevard and Marine Street was conducted to assess the existing conditions. Along Main Street, the distance between the curb face and the private property line is 10 feet. (Commercial areas of. Montana Avenue and Ocean Park Boulevard have a similar 10 foot configuration; the sidewalk/right-of-way dimension along Pico Boulevard is 8 feet.) There is not a parkway along this portion of Main Street and tree wells to support the street trees vary in dimension and composition. The smallest tree wells are 2 '/ feet square and feature brick paving. The largest tree wells are 5 3/< feet wide and accommodate the tree roots and occasionally low vegetation. As summarized in the following table, in addition to tree wells, this portion of the public right-of-way also accommodates bus benches, news racks, bike racks, trash and recycling receptacles, street lights, street and bus stop signs, and parking meters. 9 Additionally, the City is in the process of installing an additional 75 bike racks along Main Street. Typical Dimensions of Elements within the Public Right-of-Way (Main Street) Type of Fixture Width (from curb) Length (parallel to sidewalk) Tree Wells 2'-6" to 5'-9" (Average 4'/' to 5') Varies. 2'-6" to 9'-0" Bus stop bench 4'-6" 6'-0" News racks 2'-6" Varies. 3'-0" to 10'-0" Bike racks 3'-0" w/o bike 5'-0" w/bike Varies with bikes. Trash & recycling receptacles 2'-6" to 3'-0" 2'-6" to 3'-0" Consequently, although the public right-of-way accommodates street furniture and other elements while maintaining a clear pedestrian path of at least five feet along most portions of Main Street, there are not consistent or sizeable areas that can accommodate additional obstructions such as portable signs. 10 Sidewalk Conditions - 2900 Block of Main Street Not only must a clear pedestrian path be maintained along the sidewalk, but there must also be adequate space to allow pedestrian access to parking meters and cars parked along the street. Some merchants suggested placement of portable signs within the existing tree wells to address this concern. While some tree wells may have a flat surface, many are filled with tree roots and/or landscaping and would not provide a stable surface on which to place a portable sign. Additionally, staff believes that allowing signs or other elements to be placed atop the tree roots or against the tree trunk is potentially unsightly. Many of the buildings along Main Street are set back slightly from the property line or are designed with alcoves. The Main Street Master Plan (November 1991) supported the allowance of sandwich boards on private property; however, the City Council did not implement that particular goal in the subsequent Code modifications and portable signs remain a prohibited sign type throughout the City. Staff maintains the belief that due to the nature of portable signs and the ease of their relocation, any allowance for portable signs, on private property or within the public right-of-way, would likely result in obstructions on the public sidewalk that may impede the public right-of-way. 11 Sidewalk Conditions - 2300 Block of Main Street Additionally, staff has been advised that portable signs interfere with Public Works Department activities, including maintenance of the trash and recycling receptacles. To facilitate Council discussion of this particular topic, staff researched the codes of cities nationwide that allow sidewalk signs. The following are common components from various codes and are essential considerations for portable signs: • Size restrictions (generally 6 square feet to 7'/z square feet) • Placement restrictions, for example signs cannot be placed within the pedestrian access zone of the public right-of-way, generally a minimum unobstructed path of at least 5 feet wide, or be attached to trees, street furniture or light fixtures • .Permitted only during business hours of operation • Sign specifications (construction or materials) or a design review process required to ensure cohesive design • In addition to a sign permit, a permit to use the public right-of-way (encroachment permit) is required • Business owners must provide evidence of comprehensive public liability insurance with the City named as an insured party, insuring against liability from injury or damage resulting from the occupancy of or activities on the public right- of-way associated with the sidewalk sign(s). Authorizing portable signs would produce numerous legal concerns. Signs are considered protected speech under the First Amendment and under the California Constitution. In analyzing sign regulation, courts have consistently held that governmental regulations cannot treat commercial speech more favorably than non- commercial speech. Further, courts consistently apply heightened scrutiny when reviewing governmental sign regulations, indeed Santa Monica's Sign Code has been subject to successful legal challenges in the recent past. Accordingly, if businesses are authorized to deploy portable signs onto city sidewalks, then the City must also allow non-commercial portable signs (e.g. campaign signs, religious signs, etc...) to be placed on the sidewalk. 12 Further, governmental signage regulations could not discriminate based on content. Thus non-Main Street commercial speakers may claim that they have equal rights to place portable signs on Main Street. Moreover, state law significantly limits local governments' authority to regulate vending that occurs on public streets (e.g. food trucks, clothing trucks, etc...). Courts have held that any local regulation of vending on public streets that is aimed exclusively at regulating competition would be inconsistent with state law. Thus, mobile vendors would have the same rights to place portable signs on the sidewalks as their brick-and- mortar counterparts. In each case, the end result of authorizing portable signs would lead to further proliferation of such signs on the public sidewalk thereby magnifying the detrimental impacts described above. Although there is considerable support for portable signs from the business community, staff believes that portable signs will negatively affect the overall pedestrian environment for the reasons detailed within this report. Additionally, due to the nature of development within these neighborhood commercial districts, for example generally smaller parcels and/or storefronts, staff is concerned that there would be a proliferation of portable signs resulting in visual clutter, potentially impacting the image. of the impacted business district. Whereas, sidewalk signs may attract customers to an individual business, the pedestrian-friendly character of these business districts is paramount to their overall success. The goals of the recently adopted LUCE reflect the priority of the broader community with respect to this issue. Specifically, LUCE goals that address the pedestrian environment within the Main Street and the Moritana Avenue Districts are as follows: • Goal D31 to preserve and enhance the distinctive qualities of Main Street that allow it to be a vibrant local and regional shopping and dining destination and Policy D31.11 that the streetscape environment ...should be enhanced ...to create an inviting pedestrian environment. 13 • Goal D34 to protect and enhance the high-quality, pedestrian oriented environment of Montana Avenue and Policy D34.1 to enhance the streetscape environment to provide a more inviting and comfortable environment for pedestrians. For these reasons, Staff recommends consideration of alternate sign types to address the needs of the business community.. Attraction or Reader Boards Although staff does not support sidewalk signs, staff does recognize the desire for portable and/or changeable copy signage and proposes that such signs could be affixed to the building or displayed in the window to convey the desired information related to goods and services. Currently, the Sign Code allows attraction or reader boards, defined as "any sign having changeable copy for the purpose of advertising, events, sales, services or products provided on the site", so long as they do not exceed twenty percent of the total allowable sign area (SMMC Sections 9.52.030(e) and 9.52.140(a)). The area of these signs is considered as part of the total allowable sign area for the business. Staff recommends that the Sign Code be amended to allow businesses within the CM, BSC and C2 zoning districts to have additional small (1 ''/z' x 2') attraction or reader boards that are affixed to a set location either on the exterior of the building or in a location that is visible through the window. These signs would be subject to ARB review. 14 Changeable Copy Signs Additionally, staff recommends that these small attraction or reader board signs not be counted towards the total amount of signage permitted for a business. This may allow some businesses to increase the size of their primary signage slightly and would address the business community's desire for a sign type that will reflect the dynamic nature of their businesses and the services and products they provide. For buildings that abut the property line, these signs may project slightly into the public right-of way. An encroachment permit issued by the Public Works Department may be required to ensure that there is adequate clearance and to avoid obstructions. Outdoor Display and Sales of Merchandise For most commercial districts throughout the City, the Zoning Code prohibits the outdoor display of merchandise for most retail establishments with some exceptions (SMMC 9.04.10.02.340). The Zoning Code currently permits a single outdoor display of merchandise for retail establishments within the CM (Main Street Commercial) District or the C2 (Neighborhood Commercial) District provided that the display does not extend beyond the private, covered vestibule, arcade or colonnade area. Additionally the size of the single display cannot exceed 60-inches in height, 36-inches in width and 36- inches in depth, or 42-inches in height, 48-inches in width and 36-inches in depth. The display is required to be removed from the vestibule, arcade or colonnade when the business is closed, and garment racks are expressly prohibited by the current Code. The current provisions allow outdoor merchandise displays within a significant portion of the City's commercial areas. The CM and C2 Districts are neighborhood serving and pedestrian oriented commercial districts and were recognized by the City Council as the retail areas where this type of merchandizing is appropriate and desirable. Although the City's other commercial districts are all becoming more pedestrian oriented, pedestrian oriented retail uses will continue to emerge in specific areas as the LUCE's overall vision for the boulevards and activity centers is realized. At this time, staff does not support any increase in the size or types of displays permitted or extending these provisions to other commercial areas, and therefore does not recommend expanding 15 these Code provisions for outdoor merchandise displays. There are significant legal concerns with authorizing ongoing sidewalks sales on public sidewalks. If the City allows adjacent businesses to display and sell products on the public sidewalk, other individuals (even if they do not operate from an adjacent business) who wish to sell expressive merchandise protected by the First Amendment would have the same rights to do so on the public sidewalk (e.g. graffiti clothing and mass produced art work). The results of this would be to detrimentally impact the aesthetics of the City and cause further congestion of the City's sidewalks, making them potentially unsafe for pedestrians. Therefore, staff does not recommend expanding Code provisions to allow outdoor display and sales of merchandise to extend onto the public sidewalk. Alternatives As an alternative to adopting this ordinance, the City could leave the Sign Code as is and staff would continue to work with the business community to ensure that signage conforms to the Code. Environmental Analvsis The propose ordinance would not change the substance of current City regulations; therefore, it has no environmental impacts. 16 Financial Impacts & Budget Actions The proposed ordinance would not change the substance of current City regulations and therefore does not have any budgetary or financial impacts. Prepared by: Laura Beck, AICP, Associate Planner Approved: E~en P. Fogarty/ Director, Plannin & o unity Development ~ Forwarded to Council: ~~ Rod Gould City Manager Attachments: A. Proposed Ordinance F:\Cityplanning\Share\Council\Strpt\2011\Sign Code Revisions -Proposed\Sign Code Revisions May 10 Final.Doc 17 f:\atty\muni\laws\barry\signcodeamend 05-10-11(11) City Council Meeting 05-10-11 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 9.52.030, 9.52.140, 9.52.150, AND 9.52.160 RELATING TO SIGN AREA CACULATION, PERMITTED PROJECTING SIGNS, ATTRACTIONS OR READER BOARDS, AND TOTAL SIGN AREA AUTHORIZED IN THE RVC DISTRICT 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 ordirance and amendments thereto, the City Council has been mindful of legal principles relating to regulating signs and has adopted these regulations to ensure that the Sign Code continues to comply with evolving constitutional principles, and WHEREAS, the proposed revision to the methodology for calculating the area of signs would be more reflective of the actual area of the commercial content, thereby 1 allowing businesses to install signs with copy or logos that extend above or below the primary body of the sign without requiring the sign to be reduced in size to accommodate the extremities of the sign and would be easily understood, applied, and enforced: and WHEREAS, projecting signs are recognized as a pedestrian oriented form of signage but currently are only permitted in the Bayside Commercial District when less than 4'/2 feet in size; and WHEREAS, allowing similarly sized projecting signs throughout the City would be consistent with the City's significant efforts to promote pedestrian orientation and would provide businesses with more opportunities to promote their identity; and WHEREAS, the Sign code allows. commercial and industrial districts a maximum amount of sign area based on the linear dimension of the building or store street frontage whereas the maximum sign area within all multiple residential districts is limited to twenty-five square feet; and WHEREAS, while the RVC (Residential Visitor Commercial) District is considered a residential district, it allows for a variety of commercial uses and is located primarily along Ocean Avenue between California Avenue and Pico Boulevard and on the Santa Monica Pier and Oceah Front Walk; and WHEREAS, the proposed amendment would allow businesses with the RVC District to have the same amount of signage as their counterparts in the neighboring BSC (Bayside Commercial) District; and WHEREAS, attraction or reader boards are signs that have changeable copy; and 2 WHEREAS, the Sign Code allows such signage so long as it does not exceed twenty percent of the total allowable sign area; and WHEREAS, this ordinance would additionally allow small attraction or reader boards in the CM, BSC, and C2 zoning, districts-under specified circumstances without being included in the total sign area, thereby providing a sign type that reflects the dynamic nature of businesses and the service and products they provide while slightly increasing the amount of signage a business can have, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.52.030 is hereby amended to read as follows: Section 9.52.030. Definitions. The following words and phrases are used in the Santa Monica Sign Code shall have the following meanings: (a) Abandoned Sign. A sign which no longer advertises or identifies a legal business establishment, product or activity. (b) Alteration. Any change in copy, color, size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a 3 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. Tlle- #h f-. 'll h +erd -++ ff+v r~o r^cn+ ref +h o'r roa a,c , ....,..~_~., ..... _., ___..._ ~...., ~_.__.._ _...__.. _.__ ^la-vv ctti--orviiv wrF-. '+h +:: i~ h~r.d car the M,eM oh~ll ho r^r~'l~ The surface area of a sign calculated by enclosing the extreme limits' of all lettering background emblem logo representation or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. On sions 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 4 counted at fifty percent of their area in calculating total sign area. (e) Attraction or Reader Board. Any sign having changeable copy for the purpose of advertising events, sales, services or products provided on the site. (f) Awning. A shelter extending from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. - (g) Awning Sign. Any sign painted on or attached to or supported by an awning. (h) Balloon Sign. A lighter-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. 5 (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. (m) Commercial Sign. Any sign with wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, profession, commodity, event; person, institution, or other commercial activity. or otherwise contains commercial speech. (n) Commercial speech. Any message proposing a commercial transaction or related to the economic interests of the speaker and its audience. (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 permanently affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face. 6 (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. (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. (u) Illuminated Sign. Any sign for which an artificial source of light is used in order to make readable the sign's 7 message, including internally and externally lighted signs and reflectorized, glowing or radiating signs. (v) Light Bulb String. A display consisting of a row or rows of bare light bulbs. (w) Logo, Logogram, or Logotype. An emblem, letter, character, pictograph, .trademark, or symbol used to represent the firm, organization, entity, or product. (x) 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. (y) Marquee Sign. Any sign painted on or attached to or supported by a marquee. (z) Monument Sign. A ground sign having a horizontal dimension greater than its vertical dimension. (aa) Mural. A picture on an exterior surface of a structure. (bb) Neon Signs. A sign with tubing that is internally illuminated by neon or other electrically charged gas. 8 (cc) Noncommercial sign. Any sign which is not a commercial sign as defined herein. (dd) Noncommercial speech. Any message which is not commercial speech as defined herein. (ee) Nonconforming Sign. A sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the provisions of the Santa Monica Sign Code. (ff) Off-Premises Sign. A commercial sign which displays 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. (gg) On-Premises Sign. 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 a's to be of a lasting and enduring condition, remaining unchanged in character, cohclition (beyond normal wear) and 9 position and in a permanent manner affixed to the ground, wall, or building. (ii) Pole or Post Sign. Afree-standing sign. Qj) Portable. Sign. Any movable sign not permanently attached to the ground or a building. (kk) 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 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 traffic and parking or to provide notification of essential governmental services. (mm) Pylon Sign. A ground sign having a vertical dimension greater than its horizontal dimension. (nn) Revolving or Rotating Sign. An animated sign. 10 (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. (pp) Sign. Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. (qq) Sign Cans. A sign with a metal can and an internally illuminated plastic face. A change in the face of a sign can is considered to be a change in copy and not subject to review if it affects ,only the message of the sign, and does not change the color of background or letters, size or location of letters, or otherwise alter the general appearance of the sign._ Painted or panel signs shall be reviewed similarly to sign cans. (rr) Sign Face. An exterior display surface of a sign including non-structural trim exclusive of the supporting structure. 11 (ss) Sign Program. A coordinated program of all signs, including exempt and temporary signs for a business, or businesses if applicable, ocated 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. (tt) Site. All the contiguous ground area legally assembled into one development location. (uu) Special Event Sign. A sign authorized through a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68 (vv) Statue. A three-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. (ww) Super Graphic. A painted design which covers all or a major portion of a wall, building or structure. (xx) Temporary Sign. Any sign, not permanently attached to the ground or a structure, which is installed or placed for a limited duration. 12 (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. (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. (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. (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 2. Santa Monica Municipal Code Section 9.52.140 is hereby amended to read as follows: 9.52.140 Permitted signs. 13 When reviewed and approved by the Architectural Review Board, signs shall be permitted under the following provisions: (a) Attraction or Reader Boards. Attraction or reader boards so long as they do not exceed twenty percent of total allowable sign area or are otherwise authorized pursuant to Section 9.52.160{q). 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 surface of the 14 marquee, nor provide less than eight feet of clearance above ground level are permitted; (f) Statues; (g) Wall Signs. Wall signs so lohg 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. (h) Permanent Window Signs. Permanent wihdow signs so long as the sign area does not exceed twenty percent of the first floor's total frontage glass area: ji) Projecting Signs. Projecting signs so long as the sign is no greater than four and one half square feet. SECTION 3. Santa Monica Municipal Code Section 9.52.150 is hereby amended to read as follows: 15 9.52.150 Prohibited signs. The following signs, and any sign not authorized by Section 9.52.130 or Section 9.52.140, are prohibited: (a) Animated signs;.:: (b) Balloon signs; (c) Emitting Signs. Emitting signs except that devices for communicating with customers at drive-in restaurants, automated bank tellers, and drive-through banks may use sound communication; (d) Free-standing and pole signs; (e) Miscellaneous Signs and Posters. Miscellaneous signs and posters tacked, painted, posted or otherwise affixed on the walls of a building, or on a tree, pole, fence or other structure, and visible from a public way; (f) Off-premises signs; (g) Paper, Cloth or Plastic Streamers and Bunting. Paper, cloth, or plastic streamers and bunting; (h) Portable signs;-except temporary signs authorized pursuant to Section 9.52.135; 16 i'~ o.,.~o,.+., ~~ Roof signs; {-~(J.1 Upper level signs; {~}~ 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; {r>a}(~ High-rise signs. SECTION 4. Santa Mohica hliinicipal code Section _9.52.160 is hereby amended to read as follows: 9.52.160 Total sign area permitted by district. (a) The total sign area factors set forth in this Section govern the aggregate square footage of all nonexempt signs externally placed or externally visible at a 17 given site. The factors are related to the building or store F.: frontage measured along the site street address. (b) The total operative frontage dimension for structures located on a street corner site is one and one-half times the building's address frontage. For such corner locations, no more than two-thirds of the total allowable sign area shall be permitted facing on one or the other street. (c) For all multiple-use buildings in commercially or industrially zoned districts, the size of signs pertaining to each business or use is governed by that portion of the building frontage occupied by that business or use; the total sign program is governed by the total building frontage. If in addition to any entrance from public streets there is a public entrance from an alley or from a parking lot, additional sign area of one-half square foot per foot of that building frontage is allowed on that side of the premises, not to exceed twenty square feet. If there is no public entrance, signage on that side is limited to a business identification sign, not to exceed two square feet. ,;i (d) Notwithstanding the maximum sign area calculated by use of these factors, no single sign shall exceed one hundred square feet in area at any location. 18 (e) Notwithstanding the maximum sign area calculated by use of these factors, no business in a commercial or industrial district is required to have signage of less than twenty-five square feet in area. (f) The maximum sign area is as follows: (1) R1/OP1-One Family Residential District. Applicable exempt signs; (2) R2R/OPD-Duplex Residential District. Applicable exempt signs; (3) All Multiple Residential Districts except the RVC District. A maximum of one-fourth square foot of sign area for each linear foot of building frontage with the total nonexempt sign area not to exceed twenty-five square feet. Externally illuminated signs are permitted for the purpose of building name and address identification; (4) Hotels in R-4 Multiple Residential District. A maximum of one square foot of sign area for each linear foot of building frontage. Internally illuminated signs are permitted; (5) All BSC, C3, and C3C Commercial Districts, and the RVC District. For other than street corner locations, 19 a maximum of one square foot of sign area for each linear foot of building or store frontage. For street corner locations, a maximum of one square foot of sign area for each linear foot of building or store frontage for each street facing frontage. The provisions of Section 9.52.160(b) shall not apply; (6) All Other Commercial and Industrial Districts. A maximum of one square foot of sign area for each linear foot of building or store frontage; (7) A-Off-Street Parking Districts. The same as the sign requirements in the appropriate adjacent residential district. {q) In the CM BSC, and C2 Districts, one changeable copy sign that does not exceed 1 '/i X 2' affixed either to the exterior of the building or to a location visible through a window shall not be included as part of the total allowable sign area for a busiriess. SECTION 5. 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. 20 SECTION 6. 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 7. 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: MA H J NES UTRIE City tto n y 21 MEMORANDUM RECORDS & ELECTION SERVICES DEPARTMENT TO: Councilmembers FROM: City Clerk's Office RE: Item 7-C (Comment from the Public) DATE: May 10, 2011 Message from Ms. Mimoun Tracey Please allow businesses have rolling racks available on Main Street.