O2396ORDINANCE NUMBER 2396 (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 AND 9.52.135
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 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, in May 2011, the City Council adopted a limited term pilot program
that permits businesses located within the Main Street Commercial District to utilize a
single portable sign to promote their respective business provided the sign meets
specified requirements; and
WHEREAS, the pilot program sunsets on March 31, 2012 unless extended by
the Council; and
WHEREAS, extending this program for an additional year will enable staff to
obtain feedback from the Main Street Merchants Association to determine the merits of
this additional signage and to continue to assess any code compliance issues,
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
`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 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 signs with more than one face, that face or those
faces visible from any one direction at onetime 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.
(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.
3
(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.
sign.
(i) Billboard or Poster Panel. An off - premises
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.
board.
(1) Changeable Copy Sign. An attraction or reader
(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
4
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.
(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
5
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
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
0
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.
(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,
7
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 as
to be of a lasting and enduring condition, remaining
unchanged in character, condition (beyond normal wear) and
position and in a permanent manner affixed to the ground,
wall, or building.
Pole or Post Sign. A free - 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.
91
(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.
sign.
(nn) Revolving or Rotating Sign. An animated
(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,
E
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.
(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 limited to, indications
of the locations, dimensions, colors, letter styles and sign
types of all signs to be installed on a site.
10
(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.
(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
11
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 9.52.135 is hereby
amended to read as follows:
9.52.135 Temporary sign regulations.
The following signs are exempt from the permit
requirements of this Code. The use of these signs does not
affect the amount or type of signage otherwise allowed by
this Chapter. All signs listed in this Section must be in
conformance with all other applicable requirements of this
Chapter and the City's Municipal Code:
12
Signs.
(a) Basic Requirements Governing Temporary
(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 street, alley, or other public property.
(B) No temporary sign shall extend into the
hazardous visual obstruction zone as established by Santa
Monica Municipal Code Section 9.04.10.02.090.
(3) Maintenance. Temporary signs shall be kept
neat, clean and in good repair. Signs which are faded, torn,
damaged or otherwise unsightly or in a state of disrepair
shall be immediately repaired or removed.
(4) Placement. No temporary sign shall be
attached to trees, shrubbery, utility poles, or traffic control
signs or devices. They shall not obstruct or obscure primary
signs on adjacent premises.
13
(5) No temporary sign shall be erected or
maintained which, by reason of its size, location or
construction, constitutes a hazard to the public or impairs
accessibility.
(6) Collection and Retrieval of Temporary
Signs Placed in the Public Right -of -Way.
(A) The City may collect temporary signs placed in
the public right -of -way which are not authorized by this
Chapter.
(B) Each sign collected will be stored for a
minimum of thirty days.
(C) Notice will be mailed or otherwise provided
within three business days of the date of collection to the
owner of each sign if the ownership is reasonably discernible
from the sign or is on file with the City's Community
Maintenance Department.
(D) The owner of a sign may retrieve a sign
collected by the City within thirty 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.
14
(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 affect the amount of type
of signage otherwise allowed by this Code. This signage
shall not be restricted by content, but usually and
customarily relates to an event such a real estate sale,
garage sale, home construction or remodeling, etc. Signage
shall be allowed for each lot as follows:
(1) One temporary on- premises sign on property
that is for sale, lease or rental not exceeding six square feet
in total area and not more than six feet in height; plus no
more than three twelve -inch by four -inch riders, plus no more
than one six -inch by eighteen -inch pennant for each twenty
linear feet for street frontage, provided the sign is removed
within fifteen days from the sale, lease or rental of the
property. An additional sign of the same size may be erected
if the property borders a second street and the signs are not
visible simultaneously. On tracts of land of more than two
acres in residential zones the sign area may be increased to
thirty -two square feet. In no case shall the sign or signs be
erected for more than twelve months.
1s
(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 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 property within five hundred feet of
a property for sale or lease during the hours that the property
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), 0), (k), or (1) of
Section 9.52.150.
(c) Authorized Temporary Signage in Any
Commercial Zone. In any commercial or industrial zone;
temporary signage shall be allowed for each and every lot
without issuance of a permit and shall not affect the amount
16
or type of signage otherwise allowed by this Code. This
signage shall not be restricted by content, but is usually and
customarily related to an event such as a real estate sale,
construction or remodeling, etc. The signage shall be
allowed for each lot as follows:
(1) One temporary on- premises sign which is
located on the building that is for sale, lease, or rental, not
exceeding twenty -four square feet each, are not higher than
thirty inches above the second floor line, and which are
limited to one sign for each building, and must be attached to
the building, provided said signs are removed within fifteen
days from the sale, lease or rental of the property. Properties
with a lot width of fifty feet or less shall be limited to sixteen
square feet per site. An additional sign of the same size may
be erected if the property borders a second street and the
signs are not visible simultaneously.
(2) One temporary on- premises sign on property
that is ongoing construction or remodeling not exceeding
twenty -four square feet each in area and not more than six
feet in height above grade and limited to one sign for each
street frontage provided the sign is removed within seven
days of completion of any construction or remodeling.
M
(3) One temporary on- premises banner on a
business that is newly opened not exceeding twenty percent
of a business' front building fagade area or one hundred
square feet, which ever is less, not extending above the
second floor floor line, and limited to one sixty -day period.
(4) One temporary on- premises 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
fagade area or one hundred square feet, which ever is less,
not extending above the second floor floor line, and limited to
the time that the front fagade is blocked from the street.
(5) Temporary signs not exceeding sixteen
square feet in area erected at the same time as the
temporary uses allowed by Santa Monica Municipal Code
Part 9.04.20.06, or any successor legislation thereto. The
signage shall be allowed for the same duration as the
temporary use.
(6) . Temporary window signs not to exceed twenty
percent of the first floor's total frontage glass area and
limited to two thirty -day periods in any calendar year for each
in
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), Q), (k), or (1) of
Section 9.52.150.
(d) Within the Main Street Commercial Zoning
District, each business shall be allowed one temporary on-
premises sign, if the temporary sign complies with the
following requirements:
(1) The sign shall not be larger than ten (10)
square feet in size.
(2) The sign face shall be no wider than two and a
half (2 ' /z) feet and no taller than four (4) feet and limited on
two sides /faces with a total square footage of sign area not
to exceed twenty (20) square feet.
(3) The sign shall remain portable and shall not be
attached or anchored to any public or private property.
(4) The sign is not of the type prohibited by
subsections (a), (b), (c), (d), (e), (f), (g), (i), 0), (k), or (1) of
Section 9.52.150 or by Section 9.52.200.
19
(5) The sign shall be removed when the business
is closed.
This subsection (d) shall remain in effect only until
March 31, 2013 , and after that date, unless otherwise
extended, shall sunset and have no further force or effect.
(e) Temporary signs are prohibited signs except
as provided by this Section or otherwise exempt pursuant to
Section 9.52.125.
SECTION 3. 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 4. 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.
20
SECTION 5. 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:
MAk SHA J( ES MO TRIE
City�Attorne`y
L,
21
Approved and adopted this 10'" day of April, 2012.
Ri ar loom; Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2396 (CCS) had its introduction on March 27, 2012,
and was adopted at the Santa Monica City Council meeting held on April 10,
2012, by the following vote:
Ayes: Council members: Holbrook, , O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: McKeown
A summary of Ordinance No. 2396 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, ity Clerk