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City Council Meeting: October 13, 2020 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 CHAPTER 9.61: SIGNS 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, AND CORRECTIONS

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, under SMMC Chapter 9.61, the Architectural Review Board (ARB) is required to review sign permit applications and issue sign permits unless a specific exemption applies; and

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WHEREAS, SMMC Section 9.61.120 authorizes staff approval of sign applications that conform to the requirements of Chapter 9.61 and written guidelines established by the ARB and approved by the Planning Commission; and

WHEREAS, in accordance with authority established by Section 9.61.120, in August 2004, the ARB adopted and the Planning Commission subsequently approved ARB Resolution Number 04-(Architectural Review Board Series) (“Resolution 04-001”), setting forth ARB guidelines authorizing staff approval of sign applications for certain signs that met specified sign area and letter height restrictions; and

WHEREAS, the ARB has approved the majority of sign projects for review on consent in recent years; and

WHEREAS, on September 25, 2019, the ARB discussed the expansion of staff approval authority on sign applications and was supportive of expanding staff approval authority for sign applications compliant with Chapter 9.61; and

WHEREAS, the economic impacts of the COVID-19 pandemic have devastated many of the City’s revenue streams, including sales tax, transient occupancy tax, parking revenue, and business license revenue; and

WHEREAS, after reviewing these impacts at its April 14, 2020 meeting, Council directed staff to develop a plan to restructure City operations to meet the challenges posed by COVID-19 and to balance the budget; and

WHEREAS, on May 5, 2020, the City Council adopted a restructuring plan (the “Restructuring Plan”) to: merge the Planning and Community Development Department and Building and Safety, City Planning, Economic Development, and Mobility divisions into the Community Development Department, and merge the Community & Cultural

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Services Department and the Housing Division into the Community Services Department; and

WHEREAS, the Restructuring Plan included a proposal to increase staff level review of projects and applications that otherwise would be reviewed by the ARB; and

WHEREAS, on June 23, 2020, the City Council adopted the FY 2020-21 through FY 2024-25 Five-Year Forecast, the FY 2020-21 Proposed Budget, and the FY 2020-22 Proposed Biennial Capital Improvement Program (CIP) Budget, and approved City staff’s recommendation regarding a restructured design review process for the ARB; and

WHEREAS, to begin restructuring the ARB’s review of sign projects, the City desires to increase the thresholds for administrative approval of sign permit applications compliant with Chapter 9.61 and to incorporate the sign area and letter height restrictions in Resolution 04-001 into Chapter 9.61; and

WHEREAS, this increase in administrative approval authority may shorten review timelines and reduce burdens for both staff and applicants while enabling the ARB to focus on larger and more complex projects; and

WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan, which sets forth a vision for the continued vitality of the Third Street Promenade 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, in 2018, the City and Downtown Santa Monica, Inc. commenced a planning effort, “Promenade 3.0”, to study the future of the Third Street Promenade; and

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WHEREAS, on November 5, 2019, the City Council held a “Promenade 3.0” study session at which review of restrictions relating to signage on the Third Street Promenade was identified as an objective; 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 to pedestrians; and

WHEREAS, the Sign Code has recognized the uniqueness of the Third Street Promenade by providing that the standards in the Bayside District Specific Plan prevail over certain conflicting provisions in Chapter 9.61; and

WHEREAS, the Bayside District Specific Plan is outdated and superseded by the Downtown Community Plan; and

WHEREAS, amending Chapter 9.61 to permit in the Third Street Promenade certain portable and upper-level signs and to increase the number of information signs, which can be placed on outdoor dining barriers, will increase business visibility and foster economic sustainability and the continued vitality of the Third Street Promenade; and

WHEREAS, exempting from Chapter 9.61 digital wayfinding kiosks installed in the public right-of-way or public property pursuant to a licensing agreement with the City will benefit the public health, safety, and general welfare because, among other reasons, information on such kiosks can be updated in real time and may generate revenue for the City; and

WHEREAS, in revising Chapter 9.61, the City Council has been mindful of legal principles relating to regulating signs and does not intend to suppress or

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infringe upon any expressive activities protected by the First Amendment of the United States and California Constitutions; and

WHEREAS, Chapter 9.61 has not been amended since the Supreme Court’s decision in Reed v. Town of Gilbert, 576 U.S. 155, 135 S. Ct. 2218 (2015) and revisions to Section 9.61.160 align the temporary sign restrictions with that decision; and

WHEREAS, the City further desires to make other minor changes, additions, and corrections to Chapter 9.61 to modernize and streamline language and to ensure consistency with the Zoning Ordinance and other administrative changes that have occurred since Chapter 9.61 was last updated.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Chapter 9.61 is hereby amended to read as follows:

Chapter 9.61 SIGNS

9.61.010 Applicability of Chapter

This Chapter, referred to as the Santa Monica Sign Code or Chapter, shall apply to any new sign proposed to be placed, changed, altered, or displayed in the City as of the effective date of this Ordinance. Unless Section 9.61.240(b) applies, any sign placed or displayed prior to the effective date of this Ordinance shall be subject to Santa Monica Municipal Code Chapter 9.61 as it existed on the date of the approval of the sign permit or, if the sign is exempt from the permitting requirements of this Chapter, the date of sign placement or display.

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9.61.020 Findings, Purposes, and Policies The City Council finds and declares:

A. It is the intent of the Santa Monica Sign Code to preserve and enhance the aesthetic, traffic safety, and environmental values of the City while at the same time providing for channels of communication to the public, including, but not limited to, identifying and advertising businesses within the City. The purpose of this Code is to provide minimum standards to safeguard life, health, property, and public welfare through the regulation and control of the design, materials, construction, size, location, and maintenance of signs and sign structures;

B. It is the City’s policy to regulate signs in a manner that is consistent with the free speech provisions of the United States Constitution and the liberty of speech provisions of the California Constitution, by enacting regulations that are content neutral;

C. An excess of large, ugly, intense signs causes a visual blight on the appearance of the City by detracting from views of structures and open space. This visual blight adversely affects the aesthetic quality of life and traffic safety in Santa Monica for residents, businesses, pedestrians, tourists, and persons in vehicles. In order to promote the appearance of the City, while protecting the rights of sign owners to expression and identification, the regulation of existing and proposed signs is necessary to protect the public health, safety, and general welfare;

D. The purpose of the Santa Monica Sign Code is to encourage signs that are integrated with and harmonious to the buildings and sites that they occupy, to eliminate excessive and confusing sign displays, to preserve and improve the

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appearance of the City as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade, and to restrict signs that increase the probability of accidents by distracting attention or obstructing vision;

E. The Santa Monica Sign Code provides minimum standards to safeguard life, safety, property, and public welfare by reviewing design and by regulating size, construction, location, electrification, operation, and maintenance of all signs and sign structures exposed to public view within the City. The visual appearance and traffic safety of the City cannot be achieved by measures less restrictive than the procedures and standards of this Chapter;

F. The City has extensive and wide-ranging programs regulating the aesthetics of its public streetscape and private development; and

G. It is also the intent of the City to regulate signs consistent with California Business and Professions Code Sections 5490 through 5499 to the maximum extent permitted by State law.

9.61.025 Substitution Clause

To ensure that the Santa Monica Sign Code is neutral with respect to noncommercial messages, subject to the property owner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over

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noncommercial speech. This provision does not create a right to increase the total amount of signage on a parcel, lot, or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off-premises commercial message in place of an on-premises commercial message; does not allow one particular on-premises commercial message to be substituted for another without otherwise complying with this Sign Code; and does not excuse compliance with an approved sign program.

9.61.030 Definitions

The definitions in Section 9.52.020 apply to the words and phrases used in this Chapter, unless otherwise specified herein. In addition, the following words and phrases have the following meanings when used in this Chapter:

9.61.030.010 Abandoned Sign. A sign that no longer advertises or identifies a

legal business establishment, product, or activity.

9.61.030.020 Alteration. Any change in copy, color, size, or shape that changes the appearance of a sign, or a change in position, location, construction, or supporting structure of a sign, except that a copy change on an attraction or reader board is not an alteration.

9.61.030.030 Animated Sign. Any sign that has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means.

9.61.030.040 Attraction or Reader Board. Any sign having changeable copy for

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9.61.030.050 Awning Sign. Any sign painted on or attached to or supported by an awning.

9.61.030.060 Balloon Sign. A lighter-than-air gas-filled balloon tethered in a fixed location.

9.61.030.070 Billboard or Poster Panel. An off-premises sign.

9.61.030.080 Building Frontage. The linear dimensions of a building that faces upon a public street, projected along the street property line. Where a building faces two or more streets, the frontage containing the principal street address shall be designated as the building frontage.

9.61.030.090 Building Identification Sign. Any sign containing the name or

address of a building and may include hours of operation and emergency information, such sign being located on the same site as the structure.

9.61.030.0100 Cabinet Sign. A sign that contains all text, logo, or symbols within a single enclosed cabinet and may or may not be illuminated. The terms “cabinet sign” and “sign can” are used interchangeably.

9.61.030.0110 Changeable Copy Sign. An attraction or reader board.

9.61.030.0120 Commercial Sign. Any sign with wording, logo, symbol, image, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, profession, commodity, event, person, institution, or other commercial activity, or otherwise contains commercial speech.

9.61.030.0130 Commercial Speech. Any message, including, but not limited to, wording, logo, symbol, image, or other representation, proposing a commercial transaction or related to the economic interests of the speaker and its audience.

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9.61.030.0140 Decal. A nontransferable authorization, affixed to a sign by the City, for a portable sign to be displayed as authorized by this Chapter.

9.61.030.0150 Director. The Director of the City’s Community Development Department or designee.

9.61.030.0160 Emitting Sign. A sign that emits sound, odor, or visible matter such as smoke or steam.

9.61.030.0170 Free-Standing Sign. Any sign that is permanently affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face.

9.61.030.0180 Grade. The level of the site at the property line located at the closest distance to the sign.

9.61.030.0190 Ground Sign. Any sign that is neither attached to nor part of a structure and that is permanently affixed in or upon the ground with no air space between the ground and the sign face.

9.61.030.0200 High-Rise Sign. Any sign located on a building four or more stories in height that is between the top of the parapet or high point of the building, exclusive of penthouse structures, and the horizontal line not more than 15 feet below the top of the parapet or high point of the building on the side of the building to which the sign is affixed.

9.61.030.0210 Illegal Sign. Any sign placed without proper approval or permits as required by the Santa Monica Municipal Code at the time of sign placement. Illegal sign also means any sign placed contrary to the terms or time limits of any permit and

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any nonconforming sign that has not been brought into compliance with the provisions of Sections 9.61.240 and 9.61.250 of this Chapter.

9.61.030.0220 Illuminated Sign. Any sign for which an artificial source of light is used in order to make readable the sign’s message, including internally and externally lighted signs and reflectorized, glowing, or radiating signs.

9.61.030.0230 Information Sign. An exterior sign erected on or immediately adjacent to an entrance, exit, rest room, office door, telephone, outdoor dining barrier, or similar property feature.

9.61.030.0240 Light Bulb String. A display consisting of a row or rows of bare light bulbs.

9.61.030.0250 Logo, Logogram, or Logotype. An emblem, letter, character, pictograph, trademark, or symbol used to represent the firm, organization, entity, or product.

9.61.030.0260 Marquee. A permanent roof-like shelter extending from part or all of a building face and constructed of some durable material that may or may not project over a public right-of-way.

9.61.030.0270 Marquee Sign. Any sign painted on or attached to or supported by a marquee.

9.61.030.0280 Meritorious Sign. A freestanding, roof, upper level, projecting, or off-premises sign that was designated as a meritorious sign by City Council on March 22, 2000.

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9.61.030.0290 Mobile Billboard. Any sign with advertising that is attached to a mobile, nonmotorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising,

9.61.030.0300 Monument Sign. A ground sign having a horizontal dimension greater than its vertical dimension.

9.61.030.0310 Mural. A picture on an exterior surface of a structure that does not contain commercial speech.

9.61.030.0320 Neon Signs. A sign with tubing that is internally illuminated by neon or other electrically charged gas.

9.61.030.0330 Noncommercial Sign. Any sign that is not a commercial sign as defined herein. A mural is an example of a noncommercial sign.

9.61.030.0340 Noncommercial Speech. Any message that is not commercial speech as defined herein.

9.61.030.0350 Nonconforming Sign. A sign that was validly installed under laws or ordinances in effect at the time of its installation, but that is in conflict with the current provisions of the Santa Monica Sign Code.

9.61.030.0360 Off-Premises Sign. A commercial sign that displays any message directing attention to, or other commercial speech relating to, a business, product, service, profession, commodity, activity, event, person, or institution that is generally conducted, sold, manufactured, produced, offered, located, or occurs elsewhere than on the premises where such sign is located.

9.61.030.0370 On-Premises Sign. A commercial sign that is other than an off-premises sign or, if authorized pursuant to Section 9.61.200(A), displays any

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message directing attention to, or other commercial speech related to, a business, product, service, profession, commodity, activity, event, person, or institution, and is placed within 12 feet directly in front of the frontage of the premises where such business, product, service, profession, commodity, activity, event, person, or institution is generally conducted, sold, manufactured, produced, offered, located, or occurs.

9.61.030.0380 Permanent Sign. Any legally placed sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.

9.61.030.0390 Pole or Post Sign. A free-standing sign.

9.61.030.0400 Portable Sign. Any movable sign not permanently attached to the ground or a building.

9.61.030.0410 Projecting Sign. A sign that projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall.

9.61.030.0420 Public Sign. A sign on public property open to the public that is erected or maintained by a public agency or that serves to fulfill a permit condition imposed by a public agency, such as a sign erected to preserve the safe and efficient control of traffic and parking or to provide notification of essential governmental services.

9.61.030.0430 Pylon Sign. A ground sign having a vertical dimension greater than its horizontal dimension.

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9.61.030.0440 Review Body. The body responsible for making decisions on sign permit applications, which, depending on the circumstances, may be: the Architectural Review Board, or the Planning Commission on appeal of a decision by the Architectural Review Board; the Director for signs or sign programs subject to administrative approval; the Landmarks Commission, or the Planning Commission on appeal of a decision by the Landmarks Commission, for signs or sign programs on a City-Designated Historic Resource; or the Landmarks Commission Secretary for signs or sign programs on a City-Designated Historic Resource subject to administrative approval.

9.61.030.0450 Revolving or Rotating Sign. An animated sign.

9.61.030.0460 Roof Sign. Any sign erected upon a roof, parapet, or roof-mounted equipment structure and extending above a roof, parapet, or roof-mounted equipment structure of a structure.

9.61.030.0470 Sign. Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof.

9.61.030.0480 Sign Area. The surface area of a sign calculated by enclosing the extreme limits of all lettering, background, emblem, logo, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. On signs with more than one face, the sign area shall be calculated as the sum of: (a) 100 percent of the surface area, as

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calculated above, of that face or those faces visible from any one direction at one time, with the direction selected to be that which maximizes the sign area; and (b) 50 percent of the surface area, as calculated above, of all other faces.

9.61.030.0490 Sign Face. An exterior display surface of a sign, including non-structural trim exclusive of the supporting structure.

9.61.030.0500 Sign Program. A coordinated program of all signs, including exempt and temporary signs for a business or businesses, if applicable, located on a site. 9.61.030.0510 Special Event Sign. A sign authorized through a community events permit issued pursuant to Santa Monica Municipal Code Chapter 4.68.

9.61.030.0520 Statue. A three-dimensional representation, including a sculpture. A statue that contains commercial speech is a sign.

9.61.030.0530 Temporary Sign. Any sign, not permanently attached to the ground or a structure, which is installed or placed for a limited duration.

9.61.030.0540 Total Sign Area. The sum of the sign areas of all externally viewable signs on a site, excluding the area of signs exempt from sign permit requirements under Sections 9.61.140, 9.61.150, and 9.61.160.

9.61.030.0550 Upper Level Sign. Any sign mounted on a building that is placed in whole or in part between thirty inches above the second-floor floor line and the top of a parapet or roof line, but does not include a high rise sign.

9.61.030.0560 Vehicle Sign. A mobile billboard or any sign permanently or temporarily attached to or placed on a vehicle or trailer for the basic purpose of advertising products or directing people to a business or activity located on the same

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or nearby property where the vehicle or trailer is parked 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. 9.61.030.0570 Wall Sign. Any sign attached to or painted on the wall of a structure in a plane parallel or approximately parallel to the plane of said wall.

9.61.030.0580 Window Sign. Any sign viewable through or affixed in any manner to a window or exterior glass door such that it is viewable from the exterior, including signs located inside a building but visible primarily from the outside of the building. 9.61.040 Sign Permit

In addition to conforming with all other applicable requirements of the Santa Monica Municipal Code, including obtaining any other required permit, a sign permit shall be obtained from the Review Body prior to placing, changing, altering, or displaying any sign unless specifically exempted by this Chapter. No sign permit shall be required where the only work to be performed is the repair, maintenance, or replacement of a conforming sign, the repair or maintenance of a nonconforming sign, or the replacement or repair of a destroyed sign, except when such sign is required to be removed or modified to conform to the requirements of this Chapter in accordance with Section 9.61.240.

9.61.050 Landmarks Commission Review

In the case of any new sign or sign program proposed to be placed, changed, altered or displayed on a City-Designated Historic Resource, the Review Body shall be the Landmarks Commission, or where administrative approval is authorized in accordance with Section 9.61.120 the Landmarks Commission Secretary, through submission of a certificate of appropriateness application. Such applications as they relate to a sign or sign program shall be subject to the same standards specified in this Chapter. All sign or

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sign program decisions by the Landmarks Commission may be appealed to the Planning Commission. Administrative approvals by the Landmarks Commission Secretary are not subject to appeal.

9.61.060 Fees

The City Council shall from time to time amend by resolution following a public hearing a schedule of fees for applications, permits, sign adjustments, appeals, and other approvals under this Chapter.

9.61.070 Sign Permit Application Requirements

A. Applications for sign permits shall be accompanied by the following material: 1. Site Plan. Scale plans indicating the location of existing signs to be retained or removed and proposed new signs.

2. Existing Building Elevation. Scale drawings indicating locations of all existing signs on the site or building that are to be retained and indicating the location of all existing signs on the site or building that are to be removed. Dated and signed color photographs (not slide transparencies) at least three inches by three inches minimum in size of all existing signs.

3. Proposed Building Elevations. Scale drawings indicating locations of proposed signs and existing signs that are to be retained on the site.

4. Sign Illustration. Scale drawing indicating dimensions, colors, materials, copy, illumination, and exterior structural fixtures of each sign on the site.

5. Other Information. Other information required by the guidelines and standards of the Architectural Review Board, regulations promulgated pursuant

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to Section 9.61.290, and, for City-Designated Historical Resources, guidelines and standards of the Landmarks Commission.

B. For all new projects and building remodels that directly affect existing signs and for any change to a sign in a multiple-unit dwelling, a sign program shall be required and accompany the application for a sign permit. The sign program shall include, but is not limited to, indications of locations, dimensions, colors, letter styles, and sign types of all signs to be retained, removed, and installed on a site.

C. The Director shall prepare and issue the application form required by this Section.

9.61.080 Review of Sign Permit Applications for Completeness

The Secretary of the Architectural Review Board and, for sign applications relating to a City-Designated Historic Resource, the Secretary of the Landmarks Commission, shall review all sign applications to determine if the application is complete. .

9.61.090 Action on Sign Permit Applications

A. The Review Body shall approve, approve with modification or conditions, or deny the sign permit application. A sign application for a sign or sign program permitted by Section 9.61.170 that conforms to the total sign area provided by Section 9.61.190 and other provisions of this Chapter governing the size, construction, location, electrification, and operation of signs shall be approved without modifications or conditions, unless the Review Body makes one or more of the following findings:

1. That the shape, design, placement, color, style, or quantity of text, illumination, or reflected light of a sign or signs conflicts or interferes with traffic,

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both vehicular or pedestrian, from a public safety standpoint, by distracting attention or obstructing vision;

2. That the shape, design, placement, color, style, or quantity of text, illumination, or reflected light of a sign or signs is incongruous with or detracts from the distinct architectural or historic design or character of the building to which the sign is affixed or of the neighborhood in which the sign is located; or 3. The sign or signs obscures other signs from primary view or dominates its immediate vicinity to such an extent as to detract from the visibility of other signs, historic resources, or public view corridors.

B. If the Review Body denies, modifies, or conditionally approves a sign application pursuant to this Section, it shall issue its decision in writing and shall state the findings of fact and reasons relied upon to reach its decision. The applicant shall have an opportunity to submit a revised application to remedy the inadequacies of the original sign application identified in the decision of the Review Body.

C. The Review Body shall not deny a sign application because of the contents or message of a sign or direct that the contents or message of a sign be altered or modified as a condition of approval.

D. The decision of the Review Body shall be filed with the Secretary of the Architectural Review Board.

E. A copy of the decision of the Review Body shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.

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9.61.100 Appeals

Any decision of the Architectural Review Board or Landmarks Commission under this Chapter may be appealed to the Planning Commission by the applicant or any interested person. Notice of any appeal from the ruling of the Architectural Review Board or Landmarks Commission must be filed within 10 calendar days of the date that such ruling is made, and must be accompanied, by the fee established by the Santa Monica Municipal Code. When such an appeal is made, the Planning Commission shall hear the appeal within 30 days of the receipt of said notice of appeal unless the appellant has agreed to extend the hearing date. The Planning Commission shall base its decision on the evidence submitted to it at said hearing, and upon the record from the Architectural Review Board or Landmarks Commission and such other records as may exist in the case. Any such decision of the Planning Commission shall comply with Section 9.61.090 and shall be final.

9.61.110 Time for Exercising Sign Permit and Proof of Compliance

A sign permit shall become null and void if the sign for which the approval was granted and all conditions imposed in connection with the approval have not been completed within six months of issuance of the sign permit or, in the case of a sign approved for a building not yet completed, six months after the issuance of the certificate of occupancy. Within 30 days of the completion of the sign, the applicant shall file with the Community Development Department a color photograph at least three inches by three inches minimum in size showing completion of the sign or sign program in accordance with the sign permit.

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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; 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;

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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.

9.61.130 Sign Adjustment

A. In order to assure adequate business identification, a variance from any nonstructural provision of this Chapter may be granted by the Architectural Review Board, or the Planning Commission on appeal, or, for City-Designated Historic Resources, the Landmarks Commission, or the Planning Commission on appeal, upon the filing of an application for sign adjustment and subject to the following findings:

1. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships for the business or property owner, which would be inconsistent with the purposes of this Chapter and which would arise from unique physical or topographic circumstances or conditions of project design;

2. The granting of the requested variance would not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purposes of the Zoning Ordinance;

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3. The granting of the requested variance would not be incompatible with other nearby signs, other elements of street and site furniture, or with adjacent structures. Compatibility shall be determined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering; and

4. The granting of the variance would not be inconsistent with the purposes of this Chapter.

B. A sign adjustment application shall comply with the requirements of Section 9.61.070.

C. For purposes of this Section, the prohibitions contained in subsections (3) and (8) through (10) of Section 9.61.180(A) shall be deemed to be nonstructural provisions of this Chapter. No application for a sign adjustment may be accepted to request retention of any nonconforming signs subject to Section 9.61.240.

9.61.140 Exempt Signs

The following signs are exempt from the provisions of the Santa Monica Sign Code: A. All signs that are placed inside a structure and that are either not visible through windows or building openings or are located a minimum of five feet from such windows or openings and from an adjacent window merchandise display base, if any; B. A special event sign;

C. Pole banners and over-the-street banners authorized pursuant to Santa Monica Municipal Code Section 4.08.500;

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D. Noncommercial 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) or by Section 9.61.230;

E. Signs placed on bicycles or other shared mobility devices pursuant to and in compliance with a sponsorship agreement with the City relating to a bike share or shared mobility device system;

F Signs placed on public transit; or

G. Signs placed on and associated with a digital wayfinding kiosk installed in the public right-of-way or public property pursuant to a license agreement with the City. 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 information sign affixed to an outdoor dining barrier shall not exceed either 24 inches by 42 inches or two square feet and any information sign affixed to the rear of a building in the Bayside Conservation District shall not

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exceed four square feet. The number of exempt exterior information signs shall not exceed two per parcel for each street frontage 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).

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.

9.61.160 Temporary Sign Restrictions

The following 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

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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. Basic Requirements Governing Temporary Signs.

1. Illumination. No temporary sign shall be internally or externally illuminated, except if the sign is a light bulb string authorized by this Section.

2. Location.

a. Except as authorized by Santa Monica Municipal Code 4.08.490, no temporary sign shall extend into, on or over the public right-of-way of any street, alley, or other public property.

b. No temporary sign shall extend into the hazardous visual obstruction zone as established by Santa Monica Municipal Code Section 9.21.180, Hazardous Visual Obstructions.

3. Maintenance. Temporary signs shall be kept neat, clean, and in good repair. Signs that 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. Public Hazard. No temporary sign shall be erected or maintained that, by reason of its size, location, or construction, constitutes a hazard to the public or impairs accessibility.

6. Collection of Temporary Signs Placed in the Public Right-of-Way. The City may collect temporary signs placed in the public right-of-way that are not

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authorized by this Chapter. The recovery and disposition of any such sign is governed by Section 9.61.280.

B. Authorized Temporary Signage in Any Residential Zone. In any residential zone, temporary signage shall be allowed for each and every parcel without issuance of a permit and shall not affect the amount of type of signage otherwise allowed by this Code as follows:

1. At any time, up to two temporary signs of up to eight square feet in sign area or one temporary sign of up to 16 square feet in sign area and one window sign of no more than four square feet in sign area;

2. At any time, light-bulb strings;

3. Up to 120 days (consecutive or non-consecutive) per calendar year, up to two additional signs of up to eight additional square feet of sign area or one sign of up to 16 square feet in sign area; or

4. Public signs, provided that they are not of the type prohibited by paragraphs (1) through (4) and (9) through (12) of Section 9.61.180(A).

C. Authorized Temporary Signage in Any Commercial Zone. In any commercial or industrial zone, temporary signage shall be allowed for each and every parcel without issuance of a permit and shall not affect the amount or type of signage otherwise allowed by this Chapter as follows:

1. At any time, up to two temporary signs of up to 10 square feet in sign area or one temporary sign of up to 20 square feet in sign area;

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2. Up to 120 days (consecutive or non-consecutive) per calendar year, up to two additional free-standing signs of up to eight additional square feet of sign area or one sign of up to 16 square feet in sign area;

3. For one 60-day period per calendar year, one temporary on-premises banner not exceeding 20 percent of the front building façade area or one 100 square feet, whichever is less, not extending above the second-floor floor line; 4. For the duration of the temporary use authorized pursuant to Santa Monica Municipal Code Section 9.31.370, a temporary sign not to exceed 16 square feet in sign area;

5. For two 30-day periods in any calendar year, a temporary window signs not to exceed 20 percent of the first floor’s total frontage glass area and that do not extend above the second-floor floor line; or

6. 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).

D. Within the Main Street Commercial Zoning District, each business shall be allowed one temporary on-premises sign in addition to the temporary signs authorized by subsection (C), provided that the temporary sign complies with the following requirements:

1. The sign shall not be larger than 10 square feet in size;

2. 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;

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4. The sign is not of the type prohibited by subsections (1) through (4), (6), (7), and (9) through (12) of Section 9.61.180(A) or by Section 9.61.230; and 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 9.61.140.

9.61.170 Permitted Signs

A. Signs approved by the Review Body shall be permitted under the following provisions:

1. Attraction or Reader Boards. Attraction or reader boards so long as they do not exceed 20 percent of total sign area or are otherwise authorized pursuant to Section 9.61.190(G). Copy must be changed periodically during each calendar year.

2. Awning Signs. Awning signs painted or printed on the surface of the awning material so long as the sign area does not exceed 25 square feet and the letter height does not exceed 10 inches. The color of the copy on any awning sign shall be compatible with the awning and building color scheme.

3. Ground Signs. One ground sign for each site in the commercial and industrial districts. A monument sign is permitted so long as it does not exceed six feet in height above grade. A pylon sign is permitted as long as it does not exceed 30 inches in width and does not exceed 16 feet in height above grade. The maximum area of one side of a ground sign, including its base, is 40 square feet.

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4. Light Bulb Strings, if placed on a building in any commercial or industrial zone.

5. Marquee Signs. Marquee signs that do not extend more than 12 inches from the surface of the marquee, nor provide less than eight feet of clearance above ground level are permitted.

6. Statues.

7. Wall Signs. Wall signs so long as the display surface of the sign does not extend more than 12 inches from the wall, is parallel with the wall, does not project above the top of the wall or parapet or more than 30 inches above the second-floor floor line in multistoried buildings, and does not contain copy or lighting on any surface parallel with the wall other than the sign face. A wall sign may be located on the sloping surface of a roof, with no air space between the roof and the sign, but may not project above the high point of the roof or be more than 12 inches in depth. The letter height of a wall sign located 25 feet from the property line in a single tenant building shall not exceed 30 inches.

8. Permanent Window Signs. Permanent window signs, so long as the sign area does not exceed 40 percent of the first floor’s total frontage glass area and the letters are no higher than 12 inches.

9. Projecting Signs. Projecting signs so long as the sign is no greater than 4.5 square feet.

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11. Cabinet Signs. Cabinet signs so long as the sign area does not exceed more than four square feet and the number of such signs is limited to no more than one sign per floor of the building.

12. The sign falls under an express exception to Section 9.61.180.

B. The letter height on signs permitted pursuant to this Section shall not exceed 18 inches, unless a different letter height is specifically provided in subsection (A). C. Signs authorized through the sign adjustment process pursuant to Section 9.61.160 are permitted.

9.61.180 Prohibited Signs

A. The following signs, and any sign not authorized by Section 9.61.150, Section 9.61.160, or Section 9.61.170, are prohibited:

1. Animated Signs. Animated signs, except that:

a. The City may use animated signs to preserve roadway safety and traffic circulation; and

b. Primary and secondary schools may use animated signs on school property for school purposes.

2. Balloon Signs.

3. 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.

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5. 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.

6. Off-Premises Signs.

7. Paper, Cloth, or Plastic Streamers and Bunting. Paper, cloth, or plastic streamers and bunting.

8. Portable Signs, except signs authorized pursuant to Sections 9.61.160 or 9.61.200.

9. Roof Signs.

10. Upper Level Signs.

11. Vehicle Signs, except that this Section does not apply to any vehicle that displays an advertisement or business identification of its owner, so long as such a vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly, or primarily to display advertisements.

12. High-Rise Signs.

9.61.190 Total Sign Area Permitted by District

A. The total sign area factors set forth in this Section govern the aggregate square footage of all nonexempt signs externally placed or externally visible at a given site. The factors are related to the building or store frontage measured along the site street address.

B. The total operative frontage dimension for structures located on a street corner site is 1.5 times the building frontage. For such corner locations, no more than

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two-thirds of the allowable total sign area shall be permitted facing on one or the other street.

C. For all multiple-use buildings in commercially or industrially zoned districts, the size of signs pertaining to each business or use is governed by that portion of the building frontage occupied by that business or use; the total sign program is governed by the total building frontage. If in addition to any entrance from public streets there is a public entrance from an alley or from a parking lot, additional sign area of .5 square foot per foot of that building frontage is allowed on that side of the premises, not to exceed 20 square feet. If there is no public entrance, signage on that side is limited to a business identification sign, not to exceed two square feet. D. Notwithstanding the maximum total sign area calculated by use of these factors, no single sign shall exceed 100 square feet in sign area at any location.

E. Notwithstanding the maximum total sign area calculated by use of these factors, no business in a commercial or industrial district is required to have signage of less than 25 square feet in area.

F. The maximum sign area is as follows:

1. R1/OP1—Single Unit Residential District. Applicable exempt signs; 2. R2/OPD—Duplex Residential Districts. Applicable exempt signs;

3. All Multi-Unit Districts Except the Beachfront District. A maximum of one-fourth square foot of sign area for each linear foot of building frontage with the total nonexempt sign area not to exceed 25 square feet. Externally illuminated signs are permitted for the purpose of building name and address identification;

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4. Hotels in R4 High Density Residential District. A maximum of one square foot of sign area for each linear foot of building frontage. Internally illuminated signs are permitted;

5. All Downtown Districts and Beachfront Districts. For other than street corner locations, a maximum of one square foot of sign area for each linear foot of building or store frontage. For street corner locations, a maximum of one square foot of sign area for each linear foot of building or store frontage for each street facing frontage. The provisions of Section 9.61.190(B) shall not apply; 6. All Other Commercial and Industrial Districts. A maximum of one square foot of sign area for each linear foot of building or store frontage;

7. Off-Street Parking Districts. The same as the sign requirements in the appropriate adjacent residential district.

G. In the NC and Downtown Districts, one changeable copy sign that does not exceed 1.5 feet by two feet affixed either to the exterior of the building or to a location visible through a window shall not be included as part of the allowable total sign area for a business.

9.61.200 Bayside Conservation District

Notwithstanding anything to the contrary in this Chapter, the following signs approved by the Review Body shall be permitted in the Bayside Conservation District:

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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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;

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

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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).

9.61.210 Maintenance

A. All signs and sign support structures, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation.

B. The display surfaces of all signs shall be kept neatly painted or posted at all times.

C. Whenever an existing sign is removed as part of any approval granted pursuant to this Chapter, the building façade shall be patched and repaired in a manner consistent with the adjacent, undamaged finish surface.

9.61.220 Consent of Property Owner

No person, except a public officer or employee in the performance of a public duty, or a private person in the giving of a legal notice, shall paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, advertisement, or notice of any kind upon any property, without the written consent of the owner, holder, lessee, agent, or trustee thereof.

9.61.230 Signs on Street

A. No person shall erect, suspend, or maintain a sign on, across, or above any street, alley, public property, or any portion thereof, except as may be allowed or

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required by the Santa Monica Municipal Code, or the laws of the State or of the United States.

B. Nothing in the Santa Monica Sign Code shall be deemed or construed to prohibit, upon this issuance of the permits required herein, the erection, suspension, or maintenance of any such sign within or at the recognized boundary of the City, on, across, or above any such streets, alleys, public places, or any portion thereof, such signs to bear exclusively the name of such City and any appropriate words of welcome, or information concerning said City, without the addition of any words, advertising, figure, or devices of any kind.

9.61.240 Removal or Modifications of Nonconforming Signs

A. Except for meritorious signs, signs existing prior to April 11, 1985, which were made nonconforming by Ordinance No. 1333, may be removed by the Building Officer in accordance with the abatement procedures set forth in Chapter 8.96. B. All nonconforming signs, other than those subject to subsection (A) shall be removed or modified to conform to the requirements of this Chapter upon any of the following:

1. If the owner requests permission to remodel a sign, or expands or enlarges the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the sign exceeds 50 percent of the cost of reconstruction of the building. For purposes of this subsection, remodel does not include normal repair, maintenance of a sign, or a change in copy of the sign; 2. If the owner seeks relocation of the sign;

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3. If the sign has been more than 50 percent destroyed, and the destruction is other than facial copy replacement, and the display is not repaired within 90 days of the date of its destruction;

4. If the City and the owner of the sign agree to its removal on a given date; 5. If the use of the sign has ceased, or the structure upon which the sign is located has been abandoned by its owner, for a period of not less than 90 days; 6. If the sign is or may become a danger to the public or is unsafe as determined by the Building Officer;

7. If the sign constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City, as determined by the Director;

8. If the sign was erected without first complying with the ordinance in effect at the time of its construction and erection or use;

9. Prior to the issuance of a building permit or a permit for any new sign on the same building on which the nonconforming sign is located, unless the nonconforming sign is not owned or controlled by the permit applicant or the permit applicant is not the agent of the person who owns or controls the nonconforming sign; or

10. For a meritorious sign, if the character-defining features of such a sign are altered.

9.61.250 Revocation of Sign Permits

The Director is authorized to revoke any sign permit granted hereunder if the sign does not meet all specifications or requirements indicated on the approved permit application and on the approved plans.

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9.61.260 Enforcement

A. The Director is hereby granted the power and authority to issue a notice of violation to the sign owner or to the sign owner’s agent or manager for any illegal sign or any sign maintained in violation of any provision of this Chapter. Action to correct such violation issued by the Director shall be commenced by the sign owner or the sign owner’s agent or manager within 30 days of the issuance of the notice of violation. Proof of the commencement of action to correct the violation must be furnished to the Director within 30 days of the issuance of the notice of violation. B. If the sign owner, or any person responsible for the sign, fails to respond to the notice of violation within 30 days or fails to correct the violation within 60 days, the owner of the premises upon which the sign is located shall be responsible for the removal of the sign and the work shall be done within 60 days following the notice of violation. The Building Officer may cause the removal of the sign in accordance with the abatement procedures set forth in Chapter 8.96.

C. The provisions of this Section may be utilized separately from, as an alternative to, in addition to, or in conjunction with any other remedy provided by law.

9.61.270 Abandoned Signs

A. An abandoned sign shall be removed from the site or shall have the copy or text obliterated from such a sign by the owner or lessee of the premises upon which the sign is located following the expiration of 90 days after the associated enterprise or occupant has vacated the premises. Any such sign not removed or modified within this required period shall be removed by the Building Officer in accordance with the abatement procedures set forth in Chapter 8.96.

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B. Any nonconforming sign not modified or removed pursuant to Section 9.61.240(B)(5) shall be considered to be an abandoned sign and shall be removed by the Building Officer in accordance with the abatement procedures set forth in Chapter 8.96.

9.61.280 Recovery and Disposition of Removed Signs

A sign removed by the City pursuant to this Chapter shall be held by the City for not less than 30 days during which time it may be recovered by the owner upon presenting proof of ownership and payment to the City for removal and storage costs in an amount established by resolution of the City Council. If not recovered prior to the expiration of the 30-day period, then the sign shall be sold in accordance with the procedures for sale of unclaimed property. The proceeds of the sale, less removal, storage, and sale costs, shall be paid to the owner thereof.

9.61.290 Regulations

The Director may promulgate regulations to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.

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

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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:

_______________________ GEORGE S. CARDONA Interim City Attorney

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