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SR 04-27-2021 7A City Council Report City Council Meeting: April 27, 2021 Agenda Item: 7.A 1 of 1 To: Mayor and City Council From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law Subject: Second Reading And Adoption Of 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 Recommended Action Staff recommends that City Council waive reading in full and adopt the attached Ordinance. Summary At its meeting on April 13, 2021, the City Council introduced for first reading an ordinance 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. The ordinance is now presented to City Council for adoption. Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council Attachments: A. CDD-Ord-SignOrdCleanup-20210427-2d 7.A Packet Pg. 1086 1 City Council Meeting: April 27, 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 7.A.a Packet Pg. 1087 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance) 2 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 7.A.a Packet Pg. 1088 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance) 3 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; 7.A.a Packet Pg. 1089 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance) 4 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; 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. 7.A.a Packet Pg. 1090 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance) 5 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 not exceed 24 inches by 42 inches, and any parcel within the Bayside Conservation District may have one information sign affixed to the rear of a building that does not exceed four square feet. The number of exempt exterior information signs shall not exceed two per parcel, except that in the Bayside Conservation District, the number shall not exceed four per parcel. 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). 7.A.a Packet Pg. 1091 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance) 6 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; 7.A.a Packet Pg. 1092 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance) 7 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; 7.A.a Packet Pg. 1093 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance) 8 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 7.A.a Packet Pg. 1094 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance) 9 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 7.A.a Packet Pg. 1095 Attachment: CDD-Ord-SignOrdCleanup-20210427-2d (4545 : 2nd Reading - Sign Ordinance)