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
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• 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,
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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.
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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
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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
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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.
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(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.
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(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:
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(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
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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
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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,
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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:
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(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.
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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:
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