SR-09-10-2013-7Brim
Report
City of it Council
Santa Monica°
City Council Meeting: September 10, 2013
Agenda Item:
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Proposed Ordinance Amending the Sign Code to Allow the City and
Schools to Use Animated Signs for Public Safety and School Purposes
Recommended Action
Staff recommends that the City Council approve amendments to the City's Sign Code to
allow the City to use animated signs for traffic circulation and public safety purposes
and to allow primary and secondary schools to use animated signs for school purposes.
Executive Summary
The City's Sign Code currently prohibits all animated signs. However, the City routinely
uses animated signs to direct traffic and minimize congestion; and many schools use
them to apprise the community about school operation and events. The proposed
ordinance would amend the Sign Code to legalize the use of animated signs for traffic
circulation and public safety purposes, a specific type of signage regulation that is
supported by First Amendment case law. Additionally, staff proposes an amendment
that would allow primary and secondary schools to use animated signs for school
purposes.
Background
The Santa Monica Sign Code regulates signage within the City in order to promote
aesthetic and environmental values and protect traffic safety, while allowing ample
opportunity for communication. The Sign Code expressly recognizes the first
Amendment rights of all to communicate through signage but regulates the place and
manner of such communication to avoid visual blight, decrease the risk of accidents
caused by distraction and confusion, and preserve the City's desirability as a place to
live, work and visit. Among other things, the Sign Code: exempts certain types of signs
from regulation; requires Architectural Review Board (ARB) review and permits for
certain other sign types; imposes sign area restrictions by district; and prohibits
specified types of signs.
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One category of prohibited signs is "animated signs", which are defined as signs with
"any visible moving part, flashing or osculating lights, visible mechanical movement of
any description, or other apparent visible movement achieved by any means." SMMC
Sections 9.52.150 and 9.52.030. However, despite this prohibition, there are animated
signs within the City. The City, which is subject to the restrictions of the Sign Code,
uses animated signs to direct traffic in order to promote traffic safety and ease
congestion. There is also an animated sign at the Civic Center, but it is allowed
pursuant to a "sign adjustment" granted through a variance procedure. In addition to
the City's animated signs, several public schools within the City have animated signs,
and at least one private school has notified the City that it wishes to install one.,
Discussion
Regulating signage is challenging because signage is legally classified as "speech"
and First Amendment protections apply. Thus, the City can regulate the place and
"manner" (type) of signs to advance certain governmental interests but cannot regulate
based on sign content. Legal challenges to sign ordinances are common and often
successful. Indeed, the City's own ordinance was challenged in federal court about
twenty years ago; and the City settled that case to preserve the ordinance. The Sign
Code itself has not been challenged since (though individual signage determinations
have been). However, any significant change to the ordinance potentially creates the
risk of another challenge — a noteworthy risk given the number of First Amendment
challenges that the City has faced in recent years.
The proposed ordinance would amend the Sign Code by exempting municipal roadway
signage used to protect traffic circulation and public safety from the prohibition against
animated signs. The City already uses animated signs on roadways to warn of hazards
and reduce congestion by directing traffic and providing parking information. And, the
City plans to increase usage of such animated signs. Thus, creating an exception to the
prohibition against animated signs for roadway signage used by the City to protect
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public safety will conform the law to the City's present and future practices. It will also
effectuate one of the express purposes of the Sign Code: enhancing traffic safety. Staff
believes that this proposed change does not entail significant legal risk. The City has a
compelling and indisputable interest in preserving traffic circulation and roadway safety,
and the case law affords support for this exemption.
The proposal to allow animated signs on schools is a somewhat different matter. At
present, several public schools within the City have animated signs. These signs exist,
despite the Municipal Code prohibition, partly because school districts are state entities
and are therefore exempt from local land use regulations in performing their educational
mission. Whether or not the Sign Code is a land use regulation may be debatable, but
because the School District is arguably exempt from the Sign Code, the City has not
challenged its use of animated signs.
In contrast, the private schools in Santa Monica are not state entities. Nonetheless, at
least one of them has requested the opportunity to utilize the same type of signage as
the public schools utilize to notify the community of school events, the school calendar,
and other matters related to their educational mission.
In the proposed ordinance language has been added to Section 9.52.140(a) stating
that: "primary and secondary schools may utilize animated signs on school property for
school purposes." Consistent with the safety and aesthetic purposes of the Sign Code,
staff recommends against any broader exemption.
Whether private schools should be authorized to use animated signs is mainly a policy
question for Council. There is some legal risk because creating an exemption for
schools communicating school -related information could be seen as regulation based
on content. On the other hand, arguably all schools in the community should have
similar opportunities.
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And, all schools, both public and private, fulfill vital functions in the City that are crucial
to the City's success and the public welfare. Schools provide unique services and
benefits in a number of ways. Most obviously, they forge the City's future by educating
its children. Beyond that, they strengthen the social fabric by creating connections
between school families and others. And, because they can make the City a better and
more desirable place to live, they enhance property values. Because of these benefits
and others, the City of Santa Monica has long partnered with the Santa Monica -Malibu
Unified School District and Santa Monica Community College on a variety of endeavors
and has also supported other entities and groups that serve the community through
education. In short, signage that allows the City's schools to communicate with the
community about their work is good for the schools and is therefore also good for the
community.
However, creating a special exemption to the prohibition against animated signs for
schools could create practical issues and legal risks. The City cannot control the
particular messages displayed on the signs though it can probably enforce the
requirement that signage relate to the school's educational mission. And, the exemption
could be challenged in court.
Alternatives
As proposed, the amendment would effectively exempt schools from all of the
restrictions in the Sign Code. That is, requirements relating to obtaining a permit, ARB
review, and area (size) limitations would not apply. An alternative would be modifying
the proposed amendment relating to schools so that the signs would be allowed but
regulated. For example, they could be allowed subject to a permitting requirement and
ARB review or subject to uniform restrictions on size or placement.
Alternatively, the City could limit the exemption to City traffic circulation and traffic safety
signage, and private schools could seek sign adjustments like the one granted for the
Civic Auditorium.
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Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: David Martin, Planning & Community Development Director
Approved:
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David Martin, Director
Planning and Community Development
Attachment: Proposed Ordinance
Forwarded to Council:
Rod Gould
City Manager
F:\Atty\Muni\Laws\MJ M\Amend ingSig nCodeOrd091013
City Council Meeting: 09-10-13 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE SIGN CODE ALLOWING CITY SCHOOLS USE OF
ANIMATED SIGNS FOR PUBLIC SAFETY AND SCHOOL PURPOSES
WHEREAS, the City's Sign Code, which was originally adopted in 1985 and has
been subsequently modified and clarified, advances a variety of purposes and
community values, which are expressly set forth in the Code. These purposes and
values include, but are not limited to: the protection of individual rights of expression;
the protection of public health, safety and welfare; the preservation of street safety for
drivers, pedestrians and others; the maintenance of community aesthetics; the
protection of economic interests, including the interests of business and property
owners; property values; and
WHEREAS, in developing the Sign Code and the currently proposed
amendment, the City Council has been mindful of legal principles governing sign
regulation; and the Council does not intend to infringe upon rights of expression
guaranteed by the federal and state constitutions — rights which are highly valued in this
community; and
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WHEREAS, in assessing the proposed amendments to the Sign Code, the City
Council has been advised of and has considered the legal principles enunciated in
decisions of the United States Supreme Court and United States Court of Appeals for
the Ninth Circuit, which explain parameters of First Amendment protection; and
WHEREAS, Santa Monica is a small and extremely densely populated beach
community with a workforce that far exceeds its residential population and visitors
number in the millions each year; and
WHEREAS, maintaining street safety and traffic circulation is very difficult
because the City's street infrastructure is old and the streets are crowded with
automobiles, buses, bicycles utilized by residents, workers, visitors and motorists who
pass through the City to access Interstate 10; and
WHEREAS, in order to keep streets safe, the City must take extraordinary traffic
control measures, including animated signage that can be moved and modified to meet
changing circumstances; and
WHEREAS, one of Santa Monica's primary values is education, a value that the
City honors by supporting local schools and the education community in a variety of
ways; and
WHEREAS, to help Santa Monica's schools succeed Council wishes to modify
the City's Sign Code to allow schools to communicate with the community through
animated signage; and
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WHEREAS, such signage is generally prohibited, but the Council finds that the
special role schools play in the present and future life of the community warrant an
exception to that prohibition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.52.150 is hereby amended
to read as follows:
9.52.150 Prohibited signs.
The following signs, and any sign not authorized by Section 9.52.130 or Section
9.52.140, are prohibited:
(a) Animated signs. Animated signs except that: (1) the CitV maV use
animated signs to preserve roadway safety and traffic circulation; and (2) primary and
secondary schools maV use animated signs on school property for school purposes.
(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.
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(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.
(i) Roof signs.
(j) Upper level signs.
(k) 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.
(1) High-rise signs. (Prior code § 9914; amended by Ord. No. 1333CCS,
adopted 3/12/85; Ord. No. 2275CCS § 8, adopted 10/14/08; Ord. No. 2359CCS § 4,
adopted 5/24/11)
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
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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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