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SR-02-26-2013-7DCity of City Council Report Santa Monica City Council Meeting: February 26, 2013 Agenda Item: ` _4_% To: Mayor and City Council From: David Martin, Planning & Community Development Director Subject: Introduction and First Reading of an Ordinance to Amend SMMC Section 9.52.135 to Eliminate the Sunset Provision in this Section Which Permits Temporary Portable Signs in the Main Street Commercial District. Recommended Action Staff recommends that the City Council introduce for first reading an ordinance making permanent the provisions of Ordinance 2936 (CCS) that established a new permitted temporary portable sign type for properties located within the Main Street Commercial zoning district. Executive Summary Ordinance 2359 (CCS), considered for First Reading on May 10, 2011 and adopted by the City Council on May 24, 2011, modified the City's Sign Code in response to the business community's stated need to increase their identity through signage. The Ordinance included a nine -month pilot program to allow the use of temporary portable signs by businesses located within the Main Street Commercial zoning district. This pilot program was extended on March 27, 2012 and will expire on March 31, 2013 unless made permanent or extended by City Council. Staff has solicited feedback on the use of temporary portable signs from the Main Street Business Improvement Association, Inc. (a.k.a. Main Street Merchants Association) and from the City's Code Compliance Division. The proposed ordinance would make these provisions permanent. Background In response to Council direction at the November 10, 2009 meeting, City staff introduced an ordinance to address the expressed needs of the City's business community for greater signage. Ordinance 2359 (CCS) was adopted by Council on May 24, 2011 and addressed many of the business owner's concerns by: O Modifying the procedure for calculating sign area, an important consideration for irregularly shaped signs and encouraging creativity it • Expanding the use of projecting signs to all commercial areas Citywide • Expanding the use of attraction and reader boards without decreasing a business's maximum amount of allowable signage • Re- defining the standards for the Residential Visitor Commercial (RVC) district (i.e. Santa Monica Pier and certain portions along Ocean Avenue) to be consistent with other commercial districts within the City. The Ordinance also introduced 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 that it complies with the following requirements: • No larger than 10 square feet in size • Maximum of two sign faces with each face not to exceed 2 '% feet in width and four feet in height, or 20 square feet total maximum sign area • Sign to remain portable and not attached or anchored to any public or private property • Sign must be removed when the business is closed. The pilot program was extended by Ordinance 2936 (CCS) and sunsets March 31, 2013 unless made permanent or extended by City Council. Discussion Staff recommends that Council make the provisions of the pilot program permanent. Staff has solicited feedback from the Main Street Business Improvement Association, Inc. to help determine the merits of the additional signage. Although only businesses with alcoves, building setbacks, and /or other open areas such as surface parking lots can take advantage of the provisions, and even though not all businesses that can put up portable signs do, the pilot program has received positive feedback. The Code Compliance Manager has indicated that, to date, there have not been any associated or discernible compliance issues resulting from or related to the pilot program. Further, 2 Code Compliance Inspectors have not seen a proliferation of illegal sign types or signs located in the public right -of -way as a result of the pilot program. Due to efficiencies associated with overall enforcement efforts within the Main Street District, Inspectors have been able to address portable sign issues in the normal course of enforcement without an impact on Division resources. Based on the success of the pilot program, staff recommends that these provisions to allow temporary portable signs on private property within the Main Street District be made permanent. Although other Business Improvement Districts have not specifically requested that these provisions be expanded to their respective areas, discussions with the City's Economic Development Division indicate that businesses within the Pico Boulevard Business Improvement District (BID) routinely cite the need for additional signage opportunities to enhance business. Although the issue of signage has not been a specific topic of interest raised by the Montana Avenue BID, City representatives contend that individual businesses would likely support additional signage opportunities. Staff feels that provisions to allow temporary portable signs on private property within the Main Street District would not be directly applicable to other commercial districts due to variances in the building setbacks, the number and location of surface parking lots, and different levels of visual clutter along the streetscape. Alternatives As an alternative to the recommended action introducing the proposed ordinance to make the provisions of the pilot program permanent, Council may elect to extend the interim ordinance again or allow the specified code provisions to expire, thereby prohibiting portable signs in the Main Street Commercial district and Citywide. 3 Environmental Analysis The proposed ordinance would not change the substance of current City regulations; therefore, it has no environmental impacts. Public Outreach Notice of the proposed ordinance extension and the Council hearing was published in the Santa Monica Daily Press a minimum of 10 days prior to the hearing. Financial Impacts & Budget Actions The recommendation presented in this report has no budget or financial impact. Prepared by: Steve Traeger, Principal Urban Designer Approved: Ll .. — David Martin, Planning & Community Development Department Forwarded to Council: Rod Gould City Manager ATTACHMENTS: A. Proposed Ordinance making provisions of Ordinance 2936 (CCS) permanent. C! ATTACHMENT A Proposed Ordinance F7 f: \atty \muni \laws \barry\signcodeamend 02 -26 -13 City Council Meeting 02 -26 -13 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 SECTION 9.52.135 TO ELIMINATE THE MARCH 31, 2013 SUNSET PROVISION IN THIS SECTION WHICH 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 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 E 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, in March 2012, the pilot program was extended by the Council for one year to enable staff to obtain feedback from the Main Street Business Improvement Association, Inc. to determine the merits of this additional signage and to continue to assess any code compliance issues; and WHEREAS, staff has solicited comments from the Main Street Business Improvement Association, Inc. and received positive feedback; and WHEREAS, the City's Code Compliance Manager has indicated that there have not been any compliance issues resulting from or related to this pilot program and there has not been a proliferation of illegal 'signs or sign types located in the public right -of- way as a result of this program; and WHEREAS, given the success of the pilot program and lack of Code enforcement issues, this Code provision should be made permanent, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: F. SECTION 1. 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: 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. 3 (B) No temporary sign shall extend into the hazardous visual obstruction zone as established by Santa Monica Municipal Code Section 9.04.10.02.090. (3) Maintenance. Temporary signs shall be kept neat, clean and in good repair. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed. (4) Placement. No temporary sign shall be attached to trees, shrubbery, utility poles, or traffic control signs or devices. They shall not obstruct or obscure primary signs on adjacent premises. (5) No temporary sign shall be erected or maintained which, by reason of its size, location or construction, constitutes a hazard to the public or impairs accessibility. (6) Collection and Retrieval of Temporary Signs Placed in the Public Right -of -Way. (A) The City may collect temporary signs placed in the public right -of -way which are not authorized by this Chapter. 0 (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. (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: 4? (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 maybe 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. (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 0 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), Q), (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 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 7 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. (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, E 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 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: Fl (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 '' /2) 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. (5) The sign shall be removed when the business is closed. (e) Temporary signs are prohibited signs except as provided by this Section or otherwise exempt pursuant to Section 9.52.125. W SECTION 2. 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 3. 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 4. 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: W