City Council Meeting: January 13, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING MUNICIPAL CODE SECTION 9.61.205 TO ESTABLISH A DIGITAL DISPLAY
DISTRICT TO PERMIT DIGITAL DISPLAYS TO BE APPROVED BY DEVELOPMENT
AGREEMENT IN SPECIFIED LOCATIONS ALONG THIRD STREET PROMENADE
AND SANTA MONICA PLACE
WHEREAS, the City of Santa Monica Municipal Code currently does not permit off-premises advertising via static or digital billboards in the City; and WHEREAS, in 1985, the City Council adopted Ordinance Number 1333 (CCS) adopting the City’s Sign Code, which, in part, prohibited off-premises advertising, including billboards, and signs were deemed meritorious or removed over a 15-year amortization period, and since that time, off-premises advertising has remained prohibited; and
WHEREAS, the ordinance proposes creation of a Digital Display District within Downtown Santa Monica, which is considered the pedestrian and economic heart of the City, and specifically at the Third Street Promenade and the adjacent Santa Monica Place shopping mall which anchors the south end of the Promenade; and WHEREAS, the Downtown Community Plan uniquely identifies the area for its lively mix of pedestrian-oriented uses with dynamic activity day and night, with land use regulations that support a diversity of entertainment and cultural options, in particular cultural amenities such as museums, theaters, and cinemas; and WHEREAS, the Third Street Promenade and adjacent Santa Monica Place shopping mall are an essential component of the City’s economic sustainability,
generating 15% of sales tax revenue citywide, and are one of the top destinations for tourists, making it vital that the area remain attractive and exciting to residents and visitors alike; and
WHEREAS, recently, in the interest of economic development, the City has allowed digital advertising in the form of digital wayfinding kiosks on City right-of-way property (approved in January 2023), and on the Third Street Promenade for on-premises advertising, on facades facing the interior of the Promenade (approved in March 2025); and
WHEREAS, the installation of digital displays in the proposed Digital Display District is supported by numerous General Plan and Downtown Community Plan goals and policies, which recommend short- and medium-term policy and procedural changes to continue promoting the stabilization and economic vitality of the Promenade to make it a successful and economically sustainable retail environment; and WHEREAS, the ordinance implements various goals and policies of the City’s Local Coastal Program Land Use Plan including complementing and supporting the Downtown district’s retail and visitor-serving commercial uses consistent with LUP Policy 70 and enhancing the visual experience in the coastal zone including with public works of art consistent with LUP Policy 46; and
WHEREAS, the proposed ordinance will foster a lively pedestrian-oriented urban environment with unified aesthetic by setting standards for uniform digital displays, and providing well-planned placement of digital displays with consideration for surrounding uses, by carefully regulating the placement, design, and operation of the digital displays, and standardization of community benefits; and
WHEREAS, other jurisdictions including the cities of West Hollywood, Los Angeles and San Jose have permitted digital displays on private and public properties in exchange for community benefits including financial benefits; and WHEREAS, the Promenade and Santa Monica Place shopping center is the City’s only pedestrian-only outdoor shopping esplanade and center, lined with a diverse mix of retail, restaurants, bars, businesses, cultural, and entertainment uses, and it is worldrenowned for its vibrancy and lively street entertainment; and WHEREAS, buildings located on the Promenade but with corner frontage along traffic-bearing cross-streets, and the exterior facades of Santa Monica Place facing Second Street, Fourth Street, Broadway, and Colorado Avenue act as a gateway to the pedestrian-only Promenade and mall, which contributes to its activation, and draws patrons arriving on foot as well as by car or transit; and WHEREAS, establishing uniform standards for the proposed Digital Display District would build on the success of this distinct activity area and would be complementary to the Promenade’s recent designation as an Entertainment Zone; and WHEREAS, the high visitation levels in the proposed Digital Display District create valuable and focused opportunities for the digital advertising market; and WHEREAS, in addition to the expanded animated sign regulations already approved for the Promenade, the further expansion of the City’s regulations to allow for off-premises digital displays in the proposed Digital Display District will continue to transform the area into a vibrant destination comprised of creative and innovative digital displays, world-class entertainment, historic buildings, and regional attractions, with a distinct demographic and aesthetic identity; and
WHEREAS, the proposed ordinance will foster a lively urban environment with unified aesthetic by setting uniform standards with consideration for surrounding uses, and by carefully regulating the placement, design, and operation of the off-premises digital displays; and
WHEREAS, the nature of the District helps to achieve the City’s aesthetic and traffic safety goals by limiting off-premises digital displays to an area uniquely suited for them, and avoiding over-proliferation citywide; and
WHEREAS, the Third Street Promenade and Santa Monica Place continue to suffer from the economic downturn resulting from the COVID 19 pandemic, despite the City's intention for this unique area to be a vibrant, thriving, hub of economic activity including shopping, dining, and entertainment for residents and visitors to the City; and WHEREAS, permitting on and off-premises advertising via exterior digital displays in this area will promote economic activity and provide additional revenue to the owners and tenants of buildings located there and for the City, as well as community benefits for the City; and
WHEREAS, there are very limited residential uses on the upper floors of existing commercial buildings because the Promenade is predominantly commercial and has historically been developed for commercial uses, and as such, limiting large-format, offpremises digital displays to the proposed Digital Display District will minimize potential environmental effects on sensitive residential uses; and WHEREAS, it is necessary and appropriate to limit the location of digital displays to this unique area for many reasons, to initially test and obtain community feedback as to both positive effects and best practices of the displays before consideration of
permitting these displays in other areas of the City; and WHEREAS, the Council desires to amend the Municipal Code to add section
9.61.205 to provide for approval of a Digital Display District to allow limited installation of large format, off-premises digital displays on the Third Street Promenade and Santa Monica Place shopping mall pursuant to Council approved Development Agreements; and
WHEREAS, the ordinance will protect adjacent residential uses as well as roadway safety, from potential adverse impacts by concentrating digital displays within this district, and setting standards for digital display numbers, size, illumination, and motion/animation, as well as coordinating the location, type, and display so as to enhance the pedestrian realm, minimize potential traffic hazards, protect public safety, and maintain compatibility with surrounding uses; and
WHEREAS, the Digital Display District Ordinance has been determined to be categorically exempt from the provisions of the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. (CEQA), pursuant to Section 15301 (Existing Facilities), Section 15303 (Construction of Small Structures), Section 15311 (Accessory Structures), Section 15331 (Historical Resources), and Section 15332 (In-fill Projects) of the CEQA Guidelines; and
WHEREAS, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of these CEQA exemptions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.61.205 of the Santa Monica Municipal Code is hereby added as follows:
Section 9.61.205 Digital Display District
The purpose of this Section is to identify the area of the Third Street Promenade and Santa Monica Place as an appropriate district for digital displays and provide regulations pertaining to digital displays to ensure digital displays do not create visual clutter or create other operational impacts on surrounding uses, or the public health, safety, or general welfare of the City.
A. Definitions: The following words or phrases as used in this Section shall have the following meanings:
1. “Annual Gross Revenues” means Gross Revenues received in a calendar year.
2. “City Manager” means the City Manager or his or her designee.
3. “Digital Advertising Services” means advertisement services on a Digital Display, including advertisements in the form of banner advertising, search engine advertising, interstitial advertising, and other comparable advertising services.
4. “Digital Display” means a display utilizing digital sign technology with a display face to broadcast a message containing static or animated (full motion) content, including on-premises and off- premises advertising; provided however, on Landmark Buildings, the City Manager may approve a double-sided Digital Display to ensure conformance with the requirements of Section 9.61.205(G)(7) so long as: (a) the
cumulative total display area (sum of the area of both display faces) is consistent with Section 9.61.205.G.4.a; and (b) both display faces show the same content/advertisement at any given moment.
5. “Digital Display Commencement Date” means the date that a Certificate of Occupancy or final building permit signoff, as applicable, for the Digital Display is/has been issued.
6. “Digital Display District” or “District” means the area that collectively includes the Third Street Promenade and the Santa Monica Place shopping center. The Third Street Promenade area is bound by Wilshire Boulevard on the north, Broadway on the south, Third Court on the east, and Second Court on the west. The Santa Monica Place shopping center is bound by Broadway on the north, Colorado Avenue on the south, Fourth Street on the east, and Second Street on the west.
7. “Existing Building” means building to which the Digital Display is affixed.
8. “Gross Revenues” means income or revenue generated by the Digital Display from all sources, before any expenses (including lease or license payments to Owner) or taxes, computed according to generally accepted accounting principles.
9. “Occupancy” means leasable space in the Existing Building is physically occupied by a tenant (not vacant) and open for business, based upon the applicable use classification of the Existing Building.
10. “Landmark” has the same meaning as “Landmark” in Section 9.56.030.
11. “Operator” means the party responsible for operating the Digital Display.
12. “Owner” means the owner of the property upon which the Digital Display is mounted.
13. “Qualified Historic Preservation Professional” means an architectural historian and/or historic architect with at least seven (7) years of relevant experience who satisfies The Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, and/or Architecture pursuant to 36 CFR part 61.
B. Digital displays may be allowed in the Digital Display District, subject to the conditions stated herein.
C. Digital displays in the District shall be subject to this Section 9.61.205 and a Development Agreement between the City and the Digital Display applicant, the procedure for which shall be governed by Chapter 9.60 of this Code. Nothing herein shall require the City to negotiate and/or approve a Development Agreement on terms that are unacceptable to the City, in its sole and absolute discretion.
D. No installation or construction of a new Digital Display shall occur until after the City Council approval of a Development Agreement authorizing such installation or construction.
E. Owner shall comply with all terms and conditions of this Section or cause Operator to comply with all terms and conditions of this Section, with the same force and effect as if performed by Owner. Operator’s failure to comply with the terms of this Section shall not be deemed to excuse Owner’s obligations to comply with this Section
9.61.205 and City shall have no obligation to seek any remedies against Operator for any violation of this Section.
F. The Development Agreement shall include and enumerate the obligations for the following:
1. Financial community benefits to be paid to the City, based upon the following components:
a. One-Time Community Benefit Contribution. Within thirty (30) Days of the Digital Display Commencement Date, as applicable, for each Digital Display, Owner shall pay a one-time community benefit contribution to the City in the amount of Five Hundred Thousand Dollars ($500,000) per Digital Display, which amount shall escalate by three percent (3%) annually commencing on June 30, 2027, and thereafter. For any Digital Display installed with a display area of less than 1,000 square feet, the one-time community benefit contribution to the City shall be reduced proportionately based on square footage up to a maximum of fifty percent (50%) reduction, which would apply after the three percent (3%) annual escalation (e.g. on June 30, 2026, for a 700 square foot Digital Display, the one-time community benefit contribution would be $350,000; on June 30, 2027, for a 700 square foot Digital Display, the one-time community benefit contribution would be $360,500, etc.).
b. Annual Community Benefit Contribution. Commencing on the Digital Display Commencement Date and continuing for each calendar year during the remainder of the term of the Development Agreement, Owner shall pay to the City an amount equal to the greater of:
i. Revenue Share Contribution. An amount equal to
twenty percent (20%) of the Annual Gross Revenues received for Digital Advertising Services (the “Revenue Share Contribution”), or
ii. Minimum Annual Guaranteed Contribution. A minimum
annual guaranteed payment (“MAG Contribution”) to be paid in quarterly installments to the City as detailed in the Development Agreement for each Digital Display, as follows:
(1) Five Hundred Thousand Dollars ($500,000) per
Digital Display, which amount shall escalate by three percent (3%) commencing on June 30, 2027 and annually by three
percent (3%) each June 30 thereafter. For any Digital Display with a display area less than 1,000 square feet, the MAG Contribution shall be reduced proportionately based on
square footage up to a maximum of fifty percent (50%)
reduction, which would apply after the three percent (3%) annual escalation (e.g., on June 30, 2026, for a 700 square foot Digital Display, the MAG Contribution would be $350,000; on June 30, 2027, for a 700 square foot Digital Display, the MAG Contribution would be $360,500, etc.)
(2) Upon the Digital Display Commencement Date
for the tenth (10th) Display in the Digital Display District, the MAG Contribution (after any escalation and pro rata
adjustments) shall be reduced by three percent (3%) per Digital Display more than nine (9) (e.g., 3% reduction at the Digital Display Commencement Date for the 10th digital
display, additional 3% reduction at the Digital Display
Commencement Date for the 11th digital display, etc.). The Development Agreement for each Digital Display shall detail implementation specifics of how to account for the MAG
Contribution reduction so that in no event will the City be required to pay or refund any sum to Owner as a result of the MAG Contribution reduction. For the avoidance of doubt, any double-sided Digital Display approved by the City Manager on a Landmark Building shall count as one Digital Display for purposes of this Section.
Nothing in the Digital Display District Ordinance precludes the Development Agreement for any Digital Display from
providing for temporary reductions or increases in the MAG Contribution for any Digital Display based on specified events as set forth in the Development Agreement (e.g., abatement events, temporary removal of signs, failure to meet any occupancy thresholds, etc.).
2. A minimum allocation of twenty percent (20%) of the total annual operating display time for City and Art Content, which may include, but is not limited to, civic announcements, community interest content, public safety information, public art programming, public art, community events information, story telling on local history, and local business spotlights. City and Art Content shall be displayed in accordance with Subsection J.
3. Emergency programming, including emergency announcements,
instructions, and broadcasts in the event of an emergency, or disaster, or as otherwise reasonably deemed necessary by the City to protect public safety.
4. Quality and maintenance standards for the Digital Displays.
5. Occupancy standards, including standards for the ground floor, to ensure normal occupancy during the term of the Development Agreement. The Development Agreement shall provide for quarterly reporting of any new vacancies of leasable space in the Existing Building.
6. Advertising content standards.
7. Rights for the City to audit compliance with Sections F.1 (financial community benefits) and F.2 (City and Art Content), above.
8. Any such other terms that promote public health, safety, and welfare.
G. City and Art Content. Owner shall participate in a City-administered Digital Display City Content Program, which would serve as the framework for the curation and display of City and Art Content. The program will be implemented through established administrative guidelines that address technical requirements, selection, licensing, scheduling, and operations of City content and arts programing for Digital Display. Such guidelines may be amended periodically depending on factors such as the number of participating advertisers, cultural events, technological updates, City priorities, or Owner input.
1. Schedule. The display of City and Art Content shall occur for at least 12 minutes per hour in accordance with a scheduling framework (the “Scheduling Framework”) that will be developed by the City on an annual basis. The Scheduling Framework will include but is not limited to defining content rotation intervals such as
weekly, daily, hourly, or by the minute. Modifications to the scheduling of City content may be requested in writing in advance and shall be mutually agreed upon between City and Owner. City shall make a reasonable good faith effort to provide Scheduling Framework one year in advance, and in any case shall provide such schedule to the Owner as soon as reasonably possible in advance of the applicable time period for the City Content Allocation, but in no case shall this be less than one (1) month in advance. With at least thirty (30) days prior written notice, the City has the unilateral right to elect to aggregate its City and Art Content Allocation into multiple blocks per hour to facilitate special promotional activities in the City.
2. Delivery. Owner shall facilitate and coordinate with the City for the display of the City and Art Content. Owner must provide technical specifications that are necessary for the display of City and Art Content, including, but not limited to, an image of the display, physical dimensions, content area dimensions, pixel resolution, pixel pitch, color mode, aspect ratio, frame rate, motion file duration, motion file format, maximum file size allowed, and file data rate. The City shall provide proposed content no later than five (5) business days prior to the date the proposed content is to be displayed on the Digital Display. All such content must meet the specific screen specifications of the Digital Display. City-provided content may only be altered by the Owner to ensure that the content is in a compatible file-type or other formatting standard that is necessary for display.
H. General Standards
1. Display Type – Digital Displays shall be installed only on buildings and shall not be freestanding.
2. Location – Digital Displays are permitted only:
a. On corner buildings located on the Third Street Promenade with a maximum of one Digital Display at the corner of each building; provided, however, that on corner Landmark Buildings, the City Manager may approve placement other than wrapping the corner to ensure conformance with the requirements of Section 9.61.205(G)(7). b. On the exterior facades of the Santa Monica Place shopping center with a maximum of four Digital Displays.
3. Projections/Encroachment
a. Except for Landmark properties, Digital Displays shall not be installed on any roof of a building and shall not project more than five feet above the roofline or five feet above the façade of the building to which it is mounted, whichever is higher. Architectural or structural elements associated with the Digital Display shall not be counted towards the height projection limit. b. Digital displays shall be placed at least (i) 14.5 feet above a vehicular roadway surface, and (ii) 14.5 feet above a sidewalk; provided, however, that the City Council may approve a lesser height, no lower than 11.5 feet, above a sidewalk through the Development Agreement. Digital displays may not project more than 3 feet beyond the property line, unless otherwise approved by the City’s Public Works Department through the issuance of an encroachment permit. c. To obtain an encroachment permit, the applicant must demonstrate that the proposed encroachment will be designed to maintain adequate line of sight for vehicles, and will not constitute a hazard to public streets, infrastructure or
property, private property, and/or persons lawfully using an adjacent sidewalk, alley, street or other right-of-way.
d. The encroachment permit shall require the permittee to procure and maintain in full force and effect insurance pursuant to the requirements of the City's Risk Manager.
e. The encroachment permit shall require the permittee to defend, indemnify and hold harmless the City, its agents, officers, officials, employees and volunteers from any and all: (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings (“claims”) brought against the City or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the City’s approval of the permit; and (2) other claims, any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’, or customers' acts or omissions in connection with the permit; provided, however, the permittee shall not be required to defend, indemnify, or hold harmless the City, agents, officers, officials, employees and volunteers due to the active negligence, gross negligence, or willful misconduct of the City, agents, officers, officials, employees, and volunteers. In the event the City becomes aware of any claims, the City shall use best efforts to promptly notify the permittee and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel
providing the City’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
4. Maximum Display Area
a. Except for subparagraph (b), the total display area of a Digital Display on a building shall not exceed 1,000 square feet. b. For the Santa Monica Place shopping center, the total display area of a single Digital Display shall not exceed 1,000 square feet and the total combined display area of multiple Digital Displays shall not exceed 4,000 square feet.
c. Architectural features not utilized for display shall not be counted in the total display area.
d. The Digital Display(s) shall not count toward any sign area limits in any other section of this Chapter including Section 9.61.190.
5. Content - Off-premises advertising is permitted for Digital Displays provided that only one advertisement may be displayed at any given time.
6. Energy –Owner shall contract with an energy provider that will utilize 100% renewable energy resources for electrical service at all times if such service is offered as an option by the electric utility provider. To the extent that photovoltaic is available onsite, Digital Displays may also utilize solar power to satisfy a portion of its energy demand.
7. Landmark Buildings
a. For Development Agreement applications seeking solely to install a Digital Display on a Landmark Building, which is filed prior to December 16, 2025,
a Digital Display may be permitted if, prior to Council’s approval of a Development Agreement that would allow the installation of a Digital Display, the City Manager certifies that:
i. The Digital Display is installed in a manner that is reversible as defined by the Secretary of the Interior Standards for the Treatment of Historic Properties;
ii. The Digital Display will not materially alter the Existing Building such that its significance would be materially impaired; and iii. All physical characteristics that convey the Existing Building’s significance will remain intact behind the Digital Display screen, as determined by a Qualified Historic Preservation Professional. b. For Development Agreement applications seeking solely to install a Digital Display on a Landmark Building, which is filed on or after December 16, 2025, a Digital Display may be permitted if, prior to Council’s approval of a Development Agreement that would allow the installation of a Digital Display, the City Manager certifies, after non-binding consultation with the Landmarks Commission at a duly noticed public hearing, that:
i. The Digital Display is installed in a manner that is reversible as defined by the Secretary of the Interior Standards for the Treatment of Historic Properties;
ii. The Digital Display will not materially alter the Existing Building such that its significance would be materially impaired; and iii. All physical characteristics that convey the Existing Building’s
significance will remain intact behind the Digital Display screen, as determined by a Qualified Historic Preservation Professional. c. The installation of a Digital Display shall not require a Certificate of Appropriateness pursuant to the City’s Landmarks Ordinance, Chapter 9.56 and/or Section 9.61.050.
8. Hours of Operation – Hours of operation for Digital Display programming are seven days per week and limited to:
April 1 – September 30 of each year: 6:00 a.m. to 2:00 a.m. October 1- March 31 of each year: 7:00 a.m. to 2:00 a.m.
9. Emergency Use – The Digital Display shall be made immediately available to the City for emergency announcements, instructions, and broadcasts in the event of an emergency or disaster, or as otherwise reasonably deemed necessary by the City to protect public safety.
10. Maintenance – Digital Displays, including underside portions that project or encroach into the public right of way, shall be continually maintained in good, operable condition and free from graffiti, rust, or other blight conditions. The Digital Display’s individual light emitting diodes (LEDs) shall be maintained in an attractive condition and be continuously operable, except during periods of required maintenance, casualty, or as otherwise required by this Section 9.61.205. In the event one or more LEDs malfunction or become damaged or otherwise requires repair, it shall be repaired or replaced as soon as practicable.
11. Audio – Audio, sounds effects, speakers, music, and spoken dialogue are prohibited to accompany operation of the Digital Display. Notwithstanding the foregoing,
on-site sound may be allowed from time to time as part of a community event or community programming- if approved by the City and compliant with City regulations related to noise.
12. Utilities – All utilities in connection with the Digital Displays shall be installed and maintained at Owner’s cost and hidden or covered from public view and/or placed underground.
13. Malfunction – Each Digital Display shall be designed and operated with a control system and monitoring in place to either turn the display off or show full black screen in the event of a malfunction. An emergency shutoff switch shall be provided.
14. No Duty by City to Maintain Landscaping and/or Tree Removal – Unless otherwise expressly agreed to in writing pursuant to a Development Agreement, City shall have no duty to remove, cut, trim, prune, plant, injure, or interfere with any tree, shrub, or plant upon any street, sidewalk, parkway, alley or other public property for purposes of facilitating visibility of a Digital Display, at any time prior to or during the term of a Development Agreement. Any Owner seeking to remove, cut, trim, prune, plant, injure, or interfere with any tree, shrub, or plant upon any street, sidewalk, parkway, alley or other public property, must obtain permission from the City by obtaining a permit pursuant to Chapter 7.40.
15. Design Review – The design of a Digital Display shall be approved as part of the Development Agreement approval and no subsequent review pursuant to Chapter
9.55 or Section 9.61.050 shall be required unless required pursuant to the terms and conditions of the Development Agreement.
16. Required Findings. In addition to the findings required in Section 9.60.110,
the City Council shall make the following findings to approve a Development Agreement for a Digital Display(s):
a. The Digital Display is consistent with the goals, objectives, purposes and provisions of the Santa Monica Land Use and Circulation Element and the Downtown Community Plan in effect at the time of City Council approval. b. The Digital Display complies with the regulations established herein. c. The Digital Display would not otherwise result in a threat to the general health, safety, and welfare of City residents, based on factors including but not limited to such factors as distracted driving, pedestrian and driver safety, light and glare, or aesthetics; and
d. The Digital Display provides substantial economic and public benefits that would not otherwise accrue to the public in the absence of its installation.
17. Good Neighbor Policy – No later than 60 days prior to installation of the Digital Display, the Owner shall provide the City with contact information for a single individual appointed to communicate with residents, businesses, and commuters with questions, comments, and/or concerns regarding the Digital Display.
I. Illumination Standards:
1. Digital Displays must be light emitting diodes (LEDs), with a power supply efficiency of 80 percent or greater.
2. Digital Displays, including architectural lighting elements (if any), shall adhere to the following lighting standards:
a. Daytime: From start time set forth in the hours of operation (6:00 am
or 7:00 a.m.) until sunset, luminance shall not exceed 6,000 candelas per meter squared (cd/m2).
b. Evening: From sunset until 10:00 p.m., luminance shall not exceed 300 candelas per meter squared.
c. Nighttime: From 10:00 p.m. to 2:00 a.m., luminance shall not exceed 200 candelas per meter squared.
d. After Hours: From 2:00 a.m. until start time, Digital Display shall be powered off.
e. Maximum luminance shall transition smoothly over a period of no less than 45 minutes from 1) daytime maximum luminance to evening maximum luminance and from 2) nighttime maximum luminance to daytime maximum luminance.
f. Illuminance from any Digital Display or architectural lights of the display, shall not exceed 3.0-foot candles (fc) at any nearby residential uses to limit light trespass.
3. Digital Displays shall be dimmable and shall have a light sensing device that provides the ability to automatically reduce power by a minimum of 65 percent.
4. Digital Displays shall have a photocontrol device that will automatically adjust the brightness to less than 300 cd/m2 when ambient sunlight conditions are less than 100 footcandles, in addition to an automatic time-switch control or an astronomical time-switch control.
5. Digital Displays shall be designed and operated with systems and monitoring in place to either turn the display off or show full black screen in the event of
a malfunction.
6. Digital Displays shall not simulate or imitate any directional, warning, danger, or information sign, or any other display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning or direction to traffic, for example using such words or phrases as “stop” or “slow down.”
7. Digital Displays shall not display any red, flashing, blinking, or intermittent lighting that may be mistaken for warning or danger signals nor shall the displays' illumination impair the vision of travelers on the adjacent roadways.
8. Each static image displayed on a Digital Display shall not be refreshed more often than once every twelve seconds.
9. Each static or animated image displayed on a Digital Display shall fade in from the previous image over no less than one second and shall fade out over no less than one (1) second to the image of the immediately succeeding content.
10. Digital Displays shall not use stroboscopic or flashing images, text, or lighting which rapidly change direction, oscillate, flash or reverse in contrast.
11. Digital Displays shall not use scrolling text in any direction.
12. Animated text is permitted.
13. Luminance must be less than 30 to 1 contrast ratios.
14. Photometric Report and Illumination Testing Protocol – A Photometric Report prepared by a lighting professional shall be submitted to the Director upon installation prior to issuance of a certificate of occupancy or commercial operation of the display, and at two-year intervals thereafter to confirm conformance with the lighting requirements above. The report shall include:
a. Luminance measured in nits (candelas per square meter).
Measurements shall be conducted at the property line of the Digital Display site, or in the nearest adjacent public right of way, perpendicular to the Digital Display face.
b. Illuminance measured in foot candles. Measurements shall be conducted perpendicular to the Digital Display face, at the property line containing the Digital Display, and at adjoining residential use property or properties. The illuminance meter shall be aimed toward the display face from the measurement location.
c. All measurements shall include both luminance and illuminance for two conditions:
i. The display off.
ii. The display illuminated using an all white display , or the sign configuration demonstrating the maximum possible lighting intensity. d. Complaints about violations of lighting standards shall be reported to the City Manager for investigation and if determined necessary by the City Manager, an updated Lighting Monitoring Report shall be prepared by the Owner to confirm compliance.
J. City and Art Content. The City Manager is authorized and may develop guidelines for City and Art Content, as required under subparagraph G, above, to be displayed on the Digital Displays as well as the transmittal process for such content to be delivered to the Digital Display Owner . If adopted by the City Manager, the guidelines shall be posted on the City’s website and updated, from time to time.
SECTION 2. Section 9.61.050 of the Santa Monica Municipal Code is hereby amended as follows:
9.61.050 Landmarks Commission Review.
Except as provided in Section 9.61.205, 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 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.
SECTION 3. Section 9.61.180 of the Santa Monica Municipal Code is hereby amended as follows:
Section 9.61.180 Prohibited Signs
A. Except as may be expressly authorized elsewhere in this Chapter, the following signs, and any sign not authorized by Section 9.61.150, 9.61.160, or 9.61.170, are prohibited:
1. Animated Signs. Animated signs, except that:
i. The City may use animated signs to preserve roadway safety and traffic circulation; and
ii. 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.
4. Freestanding and pole signs.
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 Section 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.
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, are 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 once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
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HEIDI VON TONGELN
Interim City Attorney