SR 04-13-2021 7D
City Council Report
City Council Meeting: April 13, 2021
Agenda Item: 7.D
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction for First Reading of an Ordinance to Making Minor Changes,
Corrections and Clarifications to Santa Monica Municipal Code Sections
9.61.120, 9.61.150, and 9.61.200 Related to Administrative Approval, Exempt
Signs, and Signs for Establishments With Frontage Along the Third Street
Promenade
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
amending the text of the City’s Zoning Ordinance to make minor corrections to the Sign
Code related to administrative approval, exempt signs, and signs for establishments
with frontage along the Third Street Promenade.
Summary
On October 13, 2020, Council adopted Ordinance Number 2652 (CCS), which
increased administrative approval authority for certain signs, authorized special sign
standards for the Third Street Promenade, and removed the prohibition of digital
information kiosks.
Since the adoption of this Ordinance and through its implementation, City Planning staff
has identified three minor issues related to the size and number of information signs
that are exempt from sign permit review, the applicability of certain signage standards
within the Bayside Conservation District, and an incorrect Santa Monica Municipal Code
(SMMC) section reference that require corrections. The proposed amendments
identified in this report are intended to address these inadvertent errors.
Discussion
The proposed amendments to the Sign Code would correct the previous inadvertent
errors to clarify that the standards permitting certain portable and upper-level signs in
the Bayside Conservation (BC) district apply only to establishments with frontage on the
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Third Street Promenade. The Bayside Conservation district is comprised of two areas:
BC (Promenade) and BC (2nd & 4th Streets). The September 8, 2020 Council report
detailing the proposed amendments to the Sign Code is clear that the standards
permitting portable and upper-level signs were intended to apply to the BC (Promenade)
district for establishments with frontage on the Third Street Promenade. However, the
description in SMMC Section 9.61.200 did not make this distinction. The clarification to
this section is proposed as follows:
9.61.200 Bayside Conservation (Promenade) District
Notwithstanding anything to the contrary in this Chapter, the following signs approved
by the Review Body shall be permitted in the Bayside Conservation (Promenade)
District for establishments with frontage on the Third Street Promenade:
Clarifications are also required for SMMC Section 9.61.150 pertaining to the size and
number of information signs that are exempt from sign permit review. Specifically, the
current size limits of 24 inches by 42 inches for information signs affixed to an outdoor
dining barrier conflict with language in the Code that provides a maximum of either 24
inches by 42 inches or 2 square feet area limit for such signs. In addition, the previous
Council discussion also intended to allow for additional information signage, for a total
of four information signs per parcel, for outdoor dining areas and the rear of a building
for parcels located within the Bayside Conservation District; however, this language was
not captured in the prior Sign Code amendments. The proposed clarifications to this
section are as follows:
9.61.150 Permanent Signs Exempt from Sign Permit
The following permanent signs are exempt from the permit requirements of this
Chapter. 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 Santa
Monica Municipal Code:
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B. Information Sign. Information signs not to exceed 2 square feet in sign area
for each sign, except that any parcel may have one information sign affixed to an
outdoor dining barrier that shall does not exceed either 24 inches by 42 inches or 2
square feet and any parcel within the Bayside Conservation District may have one
information sign affixed to the rear of a building in the Bayside Conservation
District shall that does not exceed 4 square feet. The number of exempt exterior
information signs shall not exceed two2 per parcel for each street frontage, except
that in the Bayside Conservation District, the number shall not exceed or four4 per
parcel for each street frontage in the Bayside Conservation District.
In addition, an incorrect Municipal Code section is referenced in SMMC Section
9.60.120(A)(5). The correct section should be referenced as follows:
9.61.120 Administrative Approval of Sign Permits
A. Except as provided in Section 9.61.050 or if otherwise exempted from the sign
permit requirements of this Chapter, the Director, or where the sign or sign program
relates to a City-Designated Historic Resource the Secretary of the Landmarks
Commission, is empowered to review and approve the following signs and sign
programs by administrative approval:
5. Any signs authorized by Section 9.61.2009.61.260; or
Past Council Actions
Meeting Date Description
10/13/20 (attachment
A)
Adoption of Ordinance Number 2636 Increase the
Threshold for Administrative Approval for Design Review,
Establish Procedures for Administrative Approval, and
Make Other Minor Changes, Additions, and Corrections
Environmental Analysis
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation
Guidelines (common sense exemption). Based on the evidence in the record, it can be
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seen with certainty that there is no possibility that the proposed changes may have a
significant effect on the environment. The recommended amendments represent minor
corrections and clarifications to the Sign Code that do not substantively affect policy
decisions made with the City Council’s adoption of the Sign Code. Therefore, no further
environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Tony Kim, Principal Planner
Approved
Forwarded to Council
Attachments:
A. City Council Meeting - October 13, 2020 (Web Link)
B. Proposed Ordinance
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City Council Meeting: April 13, 2021 Santa Monica, California
ORDINANCE NUMBER_________(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MAKING MINOR CHANGES, CORRECTIONS AND
CLARIFICATIONS TO SANTA MONICA MUNICIPAL CODE SECTIONS 9.61.20,
9.61.150, AND 9.61.200 RELATED TO ADMINISTRATIVE APPROVAL, EXEMPT
SIGNS, AND SIGNS FOR ESTABLISHMENTS WITH FRONTAGE ALONG THE
THIRD STREET PROMENADE
WHEREAS, the City’s Sign Code was originally adopted in 1985 and as
detailed in the administrative record and in Santa Monica Municipal Code (“SMMC”)
Section 9.61.020, 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, on July 25, 2017, the City Council adopted the Downtown
Community Plan (“DCP”), which encompasses the Bayside Conservation District,
acknowledges that the Bayside Conservation District is the pedestrian and economic
heart of the City, and is a vibrant urban atmosphere supported by a broad mix of building
types, office space, entertainment, retail, restaurants, cafes, salons, and exercise
studios; and
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WHEREAS, the DCP sets forth the City’s vision of the Bayside Conservation
District as a lively mix of pedestrian-oriented uses with dynamic activity day and night
and promotes a 17 hour/7 day active district; and
WHEREAS, the DCP further sets forth a vision for the continued vitality of the
Third Street Promenade, located within the Bayside Conservation District, as a major
public space framed by a mix of retail, restaurant, and services that form unique
experiences enjoyable to both residents and visitors; and
WHEREAS, the Third Street Promenade is unique in both its function and layout,
with the sidewalk and roadway open to pedestrians and with co-planar façades that
make business visibility challenging for pedestrians to see; and
WHEREAS, the Sign Code recognizes the uniqueness of the Bayside
Conservation District, by allowing for an increase in the number of information signs,
which can be placed on outdoor dining barriers or on the rear of structures, and of the
Third Street Promenade, by permitting certain portable and upper-level signs, which will
increase business visibility and foster economic sustainability and the continued vitality
of the Third Street Promenade and the Bayside Conservation District as a whole; and
WHEREAS, on September 24, 2020, the City Council adopted Ordinance
Number 2652 (CCS), which amended Chapter 9.61 to increase administrative approval
of sign applications, establish standards for permitted signs on the Third Street
Promenade, exempt digital wayfinding kiosks placed in the public right-of-way or public
property pursuant to license, and make other minor changes, additions, or corrections;
and
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WHEREAS, since the adoption of Ordinance 2652, staff has become aware of
certain inconsistencies related to administrative approval of signs for establishments
with frontage along the Third Street Promenade, the size and number of information
signs exempt from sign permits, and the limited applicability of permitted portable and
upper-level signs for establishments with frontage along the Third Street Promenade;
and
WHEREAS, to correct these inconsistencies, the City desires to make minor
changes, corrections, and clarifications to Chapter 9.61.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.61.120 is hereby amended
to read as follows:
9.61.120 Administrative Approval of Sign Permits
A. Except as provided in Section 9.61.050 or if otherwise exempted from the
sign permit requirements of this Chapter, the Director, or, where the sign or sign program
relates to a City-Designated Historic Resource, the Secretary of the Landmarks
Commission, is empowered to review and approve the following signs and sign programs
by administrative approval:
1. Signs that are permitted under and compliant with Section 9.61.170,
except that administrative approval of permanent window signs is limited to such
signs that do not completely obstruct the lower five feet of a window on the first
floor;
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2. Signs that are consistent with a sign program that has been approved
by: (a) the Architectural Review Board, or Planning Commission on appeal, in
conjunction with the design review of the building to which the sign is affixed; or
(b) the Landmarks Commission, or Planning Commission on appeal, in conjunction
with review of a certificate of appropriateness for the City-Designated Historic
Resource to which the sign is affixed;
3. Sign programs in compliance with the requirements of this Chapter;
4. Alterations to signs and sign programs previously approved by the
Review Body, provided that the proposed alteration (a) is limited to the specified
colors, font types, lighting, and reductions in size of signs in a sign programs and
is consistent with the sign program’s intent and design, or (b) is to the sign face
and does not involve alterations to the frame, additional or altered illumination, or
physical relocation of the sign;
5. Any signs authorized by Section 9.61.200 9.61.260; or
6. Any other signs or sign programs that the Architectural Review
Board, by resolution, authorizes the Director or the Secretary of the Landmarks
Commission to administratively approve.
B. Any application for administrative approval pursuant to this Section shall
comply with the requirements of Section 9.61.070.
C. The administrative decision of the Director or the Secretary of the Landmarks
Commission shall be effective upon issuance and shall be final and not subject to
administrative appeal.
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SECTION 2. Santa Monica Municipal Code Section 9.61.150 is hereby amended
to read as follows
9.61.150 Permanent Signs Exempt from Sign Permit
The following permanent signs are exempt from the permit requirements of this Chapter.
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 Santa Monica Municipal Code:
A. Building Identification Signs. Building identification signs not to exceed two
square feet in sign area that are authorized based on the City’s compelling health and
safety interest in ensuring that safety personnel and members of the public can
immediately identify the name or location of the property, the hours of operation, and
emergency information.
B. Information Sign. Information signs not to exceed two square feet in sign
area for each sign, except that any parcel may have one information sign affixed to an
outdoor dining barrier that does shall not exceed either 24 inches by 42 inches or two
square feet, and any parcel within the Bayside Conservation District may have one
information sign affixed to the rear of a building that does not in the Bayside Conservation
District shall not exceed four square feet. The number of exempt exterior information
signs shall not exceed two per parcel for each street frontage, except that in the Bayside
Conservation District, the number of shall not exceed or four per parcel for each street
frontage in the Bayside Conservation District.
C. Public Signs. Public signs, provided that they are not of the type prohibited
by subsections (1) through (4) and (9) through (12) of Section 9.61.180(A).
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D. Tablets and Plaques. Tablets and plaques of metal or stone if authorized
pursuant to Santa Monica Municipal Code Section 9.56.060(F) and not exceeding 24
inches in any dimension.
E. Theatre Sign. Theatre sign copy or display changes on existing theatre
marquee signs or permanently affixed display cases.
F. Banners, Flags, and Pennants. Banners, flags, and pennants that do not
directly advertise the business or activity located on the building site, provided that no
more than three such banners, flags, or pennants for each site are exempt under this
Section.
G. Change of Copy. A change of copy on signs previously approved by the
Review Body. A change in the face of a cabinet sign is a change of copy, provided that
any such change 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 cabinet sign.
SECTION 3. Santa Monica Municipal Code Section 9.61.200 is hereby amended
to read as follows:
9.61.200 Bayside Conservation (Promenade) District
Notwithstanding anything to the contrary in this Chapter, the following signs approved by
the Review Body shall be permitted in the Bayside Conservation (Promenade) District for
establishments with frontage on the Third Street Promenade:
A. Portable Signs. A portable sign, provided that each such sign complies with
the following requirements:
1. Limited to one portable sign for each business;
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2. The sign is an A-frame or sandwich board type of portable sign;
3. The sign is placed within 12 feet directly in front of the building’s
frontage for the business utilizing such a sign, and so long as the sign is:
a. Not placed within five feet of a fire hydrant;
b. Not placed within five feet of a corner at an intersection;
c. Not secured to any existing City or public-utility owned facility,
including, but not limited to, poles or trees; and
d. Not placed so that less than a five-foot contiguous sidewalk
width is kept clear for pedestrian passage at all times.
4. The sign shall not be larger than 10 square feet in size;
5. The sign face shall be no wider than 2.5 feet and no taller than four
feet and limited on two sides/faces with a total square footage of sign area not to
exceed 20 square feet;
6. The sign is not of the type prohibited by subsections (1) through (7)
and (9) through (12) of Section 9.61.180(A);
7. The sign shall be removed when the business is closed; and
8. The sign is affixed with a decal in a manner that is clearly visible to
the public.
B. Upper-Level Signs. An upper-level sign that does not affect the total sign
area, provided that each such sign complies with the following requirements:
1. Limited to no more than two upper-level signs per business;
2. The sign is not placed above the third-floor floor line;
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3. The sign is either (a) a banner sign with a sign area not to exceed 10
square feet and a letter height not to exceed 24 inches or (b) a projecting sign not
more than five feet high and two feet wide with a letter height not to exceed 18
inches or logo height not to exceed 24 inches;
4. The maximum projection over the public right of way is no more than
42 inches; and
5. The sign is not of the type prohibited by subsections (1) through (9)
and (11) through (12) of Section 9.61.180(A).
SECTION 4. 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 5. 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 6. 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
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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:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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