1 City Council Meeting: April 14, 2026 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
CHAPTERS 4.08 (DISORDERLY CONDUCT, NUISANCES, ETC.),
4.12 (NOISE), 4.55 (PARK AND BEACH CODE), 4.68 (COMMUNITY EVENTS), 6.112 (STREET PERFORMERS), AND 9.61 (SIGNS) TO
FACILITATE MAJOR SPECIAL EVENTS
WHEREAS, over the next several years, the Los Angeles region will become a global stage for some of the world’s most watched sporting and cultural events, drawing millions of visitors, international media attention, and significant economic activity across the region; and
WHEREAS, Santa Monica’s coastline, public spaces, and established reputation as a world-class destination create a rare opportunity for the City to participate and help shape this regional movement on the global stage; and
Whereas, Santa Monica is preparing to host several high-profile sporting and cultural events that are expected to draw significant regional, national, and international attention; and
WHERAS, event activations include hosting international delegations, brands, and production agencies expressing interest in temporary installations, hospitality houses, and broadcast centers; and
WHEREAS, these events will bring global audiences, international exposure, cultural festivals, and hospitality activations throughout the region; and WHEREAS, these events will result in increased foot traffic and visitor activity for Attachment G
2 the Pier, Promenade, Bayside Conservation District, and other retail spaces, and economic benefits for nearby hotels, restaurants, and small business; and WHEREAS, with its iconic beachfront, strong transit connectivity, and established global reputation, Santa Monica is well positioned to engage in regional coordination and pursue strategic partnerships that maximize the benefits of this heightened period of visibility; and
WHEREAS, the upcoming major event cycle will begin in June 2026 with the FIFA World Cup, which includes multiple match days across the Los Angeles region, and, in Fall 2026, the City will partner with Goldenvoice to produce a new music and cultural festival on Santa Monica Beach; and
WHEREAS, the momentum will continue into Summer 2028, when the Olympic and Paralympic Games are expected to bring global audiences, cultural programming, and large-scale activations to sites throughout Southern California; and WHEREAS, the City Manager’s Office Major Events Division and a cross-departmental working group have been planning for the operational, logistical, and community impacts associated with such large scale activations in the City; and WHEREAS, these events foresee active uses of event space, including amplified sound, commercial sponsorships, and visible branding necessary for economic viability; and
WHEREAS, in line with these goals, this Ordinance introduces targeted amendments to several chapters of the Santa Monica Municipal Code to better accommodate major special events anticipated in the City over the next several years, including international sporting and cultural events; and 3 WHEREAS, the amendments are intended to provide operational flexibility, streamline permitting processes, clarify existing regulations, and allow the City to support community events and temporary activations; and
WHEREAS, the Ordinance includes amendments to Santa Monica Municipal Code Section 4.08.500, Street Banners Prohibited--Exceptions, which clarify and expand provisions related to temporary street banners to allow street banners for City-sponsored, produced, and co-produced events; and
WHEREAS, this amendment allows for greater use of banners to promote major events and enhance citywide activation; and
WHEREAS, the Ordinance includes amendments to Santa Monica Municipal Code Chapter 4.12, Noise, to provide exemptions for community events and activities on public property and adds exemptions for certain non-commercial daytime outdoor activities; and WHEREAS, this amendment allows for flexibility for event-related programming while maintaining core protections through retained enforcement provisions; and WHEREAS, the Ordinance includes amendments to Santa Monica Municipal Code Chapter 4.55, Park and Beach Code, which allow temporary structures and installations through community event permits and license agreements and authorizes drone shows conducted under agreement with the City; and
WHEREAS, this amendment enables modern event programming while ensuring safety and City oversight; and
WHEREAS, community events are, by definition, atypical and not necessarily anticipated or appropriately regulated by existing citywide ordinances; and WHEREAS, the City regulates community events for the same reasons that it 4 regulates land uses: to protect the health, safety, and public welfare by regulating traffic, noise, aesthetics, and other impacts;
WHEREAS, community events often require the provision of public services, including police, fire, transportation, and public works and additional maintenance of the facilities they use; and
WHEREAS, community events often use facilities that would otherwise be available to the public or generate revenue to the City; and WHEREAS, managing community events requires ensuring that they are compatible in size and type of use with their sites, adequate services are provided for the events, adequate cost recovery for these services is achieved, the events do not interfere with the City' s ability to provide services to the entire community, and the impacts on neighbors and others are minimized; and
WHEREAS, the Ordinance includes amendments to Santa Monica Municipal Code Chapter 4.68, Community Events, that refine definitions of “community event,” “open street event,” and “spontaneous event” and maintain the requirement for a community event permit for activities that may impact public spaces or infrastructure; and WHEREAS, the Ordinance also includes amendments to Chapter 4.68 that allow community events to include limited sponsor recognition on event signage and that provide for clear size, placement, and timing restrictions for directional signage; and WHEREAS, the Ordinance also includes amendments to Chapter 4.68 that allow Council, by resolution, to exempt certain special events from discrete Municipal Code requirements, or to authorize the City Manager to make exemptions, if the following findings are met: (1) Strict application of the Municipal Code would result in practical 5 difficulties or unnecessary hardships, which would frustrate the purposes of the event; (2) The proposed event is of extraordinary scope and will provide a significant benefit to the community, including, but not limited to, events that (a) generate significant indirect economic and community benefits; (b) attract both residents and visitors; and (c) promote Santa Monica on a regional, national, and global stage; (3) The requested exemption is limited to the event period and is otherwise temporary in nature; (4) The permittee or licensee agrees to restore the premises at which the event will be held to the original conditions in place prior to the requested exemption; and (5) The permittee or licensee has agreed to implement best practices and provide adequate procedures to minimize and respond to event impacts; and
WHEREAS, this provision is critical to accommodate large-scale events that are extraordinary in nature, while also maintaining public access and city operational needs; and
WHEREAS, street performers and street vendors of communicative materials enrich the ambiance of Santa Monica’s unique and stimulating public spaces and their presence in the City’s most popular spaces reflects Santa Monica’s commitment to the arts and to the free exchange of ideas; and
WHEREAS, despite their value to the community, street performance and vending of communicative materials occurring on crowded public thoroughfares can jeopardize public safety and welfare by blocking traffic, impairing emergency ingress and egress, causing nuisances from excessive sound, creating unfair competition, and adversely affecting aesthetics; and
WHEREAS, the City of Santa Monica has worked since the late 1980s to create 6 and refine street performance laws which recognize performers’ value to the community, respect constitutional rights, protect the free flow of pedestrian traffic and the safety of residents, workers, and visitors in crowded public spaces, shield local businesses from unfair competition, and preserve the aesthetic qualities of public space; and WHEREAS, the necessity of establishing, maintaining and enforcing regulations governing street performance in the City’s public spaces is exacerbated by certain of the City’s defining characteristics, including its extreme density and appeal to visitors; and WHEREAS, the City has observed performers located at the entrance to the Santa Monica Pier, specifically the northwest corner of Colorado Boulevard and Ocean Avenue, attracting crowds that spilled over from the sidewalk into the street, causing safety concerns; and
WHEREAS, the Ordinance includes amendments to Chapter 6.112, Street Performer Regulations, which update operational rules for street performers to address public safety by balancing performer activity with crowd management and event operations; and
WHEREAS, the Ordinance includes further amendments to Chapter 6.112 to ensure the safety of performers, their audience, and the general public and to prevent unreasonable interference with the ability of businesses to operate and conduct their operations; and
WHEREAS, the City’s Sign Code, Santa Monica Municipal Code Chapter 9.61, was originally adopted in 1985, and, as detailed in the administrative record and in Santa Monica Municipal Code 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 7 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, the Ordinance includes amendments to the Sign Code to accommodate upcoming event activations, support the City’s continued economic recovery efforts, and further the Sign Code’s goals as stated in Section 9.61.020 which:
(1) allow signs to be installed in the public right-of-way to support event-related branding and wayfinding when authorized by City agreements; (2); allow animated displays on the Santa Monica Pier Ferris Wheel; (3) remove exemptions for noncommercial signs that are temporary signs; and (4) allow temporary signs to be displayed for extended periods of time in the Bayside Conservation District so long as the tenant space has a complete building permit application or is undergoing active construction; and WHEREAS, the proposed amendments provide a content-neutral mechanism to regulate the size, duration, and circumstances of temporary signage citywide and also in the Bayside Conservation District without creating potential standards related to materials or sign construction that would be difficult to enforce; and WHEREAS, regulating all temporary signage consistently throughout the City, such that all temporary signage would be subject to the same time, place, and manner regulations as other signage, will further the City’s interests in preserving and enhancing the aesthetic, traffic safety, and environmental values of the City while at the same time providing for adequate channels of communication to the public; and WHEREAS, the amendments would further clarify that the 2024 temporary signage 8 flexibility in the Bayside Conservation District, bound by 2nd Court, 3rd Court, Broadway, and Wilshire Boulevard, was specifically intended to support economic revitalization efforts in the Downtown area; and
WHEREAS, in the Bayside Conservation District, by focusing on objective criteria, such as tenant occupancy status and construction activity, the proposed amendments align signage flexibility with economic revitalization goals, discourage the prolonged use of vacant storefronts solely for signage display, and support broader City objectives related to occupancy rates, active use of tenant spaces, aesthetics, and preservation of the character of the Promenade, while also providing for ample channels of communication to the public; and
WHEREAS, in order to effectuate these goals, the Council deems the below ordinance amendments necessary to facilitate upcoming major events and to update the City’s signage regulations in a uniform and consistent manner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.500 is hereby amended to read as follows:
4.08.500 Street banners prohibited—Exceptions.
Notwithstanding anything contained in Section 4.08.490 hereof, temporary City banners over, on or in any public right-of-way may be hung by the City or its agents for the purpose of promoting City-sponsored, City-produced or City co-produced events and activities or for the purpose of promoting or calling attention to the City and its economic vitality, celebrating holidays, and aesthetic enhancement. All other 9 temporary banners are prohibited.
A City-sponsored event is a non-City event that receives financial or in-kind assistance from the City, in accordance with adopted administrative guidelines. A City-produced event is developed and implemented in its entirety solely by a City department or departments. A City co-produced event is one that has significant City staff involvement in both the planning and the implementation of the event together with a non-City entity. To be considered an event co-produced by the City, City staff must be involved in all aspects of the event including creative direction, funding and fund development, marketing and media relations, and staffing and support services.
For purposes of this Section, events and activities produced by Downtown Santa Monica, Inc., and the Pier Restoration Corporation, or their successors, are classified as City-produced and may be promoted by banners hung along and over the Third Street Promenade and Pier, respectively.
The City Manager is authorized to adopt administrative guidelines that are consistent with and that further the terms and requirements set forth in this Section.
SECTION 2. Santa Monica Municipal Code Section 4.55.060 is hereby amended to read as follows:
4.55.060 Erection of structures.
No person shall, in any park, erect, maintain, use or occupy any tent, lodge, shelter, structure or unattended installation or display. The following are exempt from this prohibition:
(a) City structures and installations;
(b) Other displays or installations authorized by a community event permit 10 or license issued by the City.
Persons displaying or installing pursuant to the exemptions in subsection (b) of this Section must comply with applicable safety standards, cover any attendant costs to the City unless otherwise agreed to by license agreement with the City, if any, and agree to hold the City harmless as to injury or loss resulting from the installation or display. The City Manager may adopt administrative guidelines for allocating the space available for displays and installations.
SECTION 3. Santa Monica Municipal Code Section 4.55.110 is hereby amended to read as follows:
4.55.110. Park and beach – remote control models
(a) No person shall operate any model plane in any park, playground, beach, beach parking lot or public recreation area.
(b) No person shall operate any model car, truck or vehicle in any beach parking lot.
(c) For purposes of this Section, the following definitions shall apply:
(1) “Beach parking” includes all roadways providing access to or connecting beach parking lots.
(2) “Model plane” means any device, that flies, whether uncontrolled or controlled by radio, wire, or string, and is powered by internal combustion, electricity, gasoline, or any other type of fuel, and any device that flies by whatever means weighing more than eight ounces.
(3) “Model vehicle” means any model vehicle controlled by radio or wire and powered by internal combustion, electricity, gasoline, battery, or other type of fuel or 11 power.
(d) This Section shall not apply to models in any area designated by the City for the use of such models if the person using the model is in compliance with posted rules governing the use of the designated area.
(e) This Section shall not apply to drone shows performed pursuant to an agreement with the City.
SECTION 4. Santa Monica Municipal Code Section 4.68.040 is hereby amended to read as follows:
4.68.040 Permit Required
(a) Definitions. The following terms as used in this Chapter have the following meanings:
(1) “Block party” means a festive gathering primarily intended for the residents and businesses located on a street and their invitees, on a street classified as a “Neighborhood Street,” “Avenue: Industrial,” or “Shared Street” in the City’s Land Use and Circulation Element (LUCE), which requires the closure of a street, or a portion thereof, to vehicular traffic, and the use of the street for the festivity. (2) “Community event” means any of the following:
(A) Any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison for any purpose, on any sidewalk, street, pedestrian path, alley, or other public right-of-way that either: (i) is likely to impede, obstruct, impair or interfere with free use of a public street, highway, alley, sidewalk, or pedestrian path; or (ii) does not comply with normal or usual traffic regulations or controls. 12 (B) Any event on City-owned, -controlled, or -maintained property, involving one hundred fifty or more persons, or involving 75 or more persons on the Santa Monica Third Street Promenade.
(C) An event on City-owned, -controlled, or -maintained property, which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City's Fire Department or Building and Safety Division.
(D) An open street event as defined in this Section.
(E) Examples of community events may include, but are not limited to, concerts, parades, circuses, fairs, festivals, street fairs, athletic events, open street events, protests, counter-protests, demonstrations, rallies, and community celebrations.
(3) “Expressive activity” means conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinions, views, or ideas protected by the First Amendment of the United States Constitution and Article I of the California Constitution. (4) “Open street event” means a community event requiring the closure of a street, or portion thereof, to vehicular traffic, and the use of the closed street for the event, including, but not limited to, celebrations, street fairs, charitable events, ceremonies, events where a group of persons convene to promote walking, biking, or rolling, and other similar events, but excluding parades, athletic events, and block parties. (5) “Spontaneous event” means an event that is occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event. Events that 13 require advance planning, such as recreation events, competitions, contests, spectator sports, fairs, festivals, carnivals, ticketed events, sales or trade shows, or events that require a permit from Building and Safety or the Fire Department for the placement of structures shall not be considered spontaneous events.
(b) Permit Required. Except as otherwise provided by this Chapter or any other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the City Council, a community event permit shall be obtained from the Community Event Committee for all community events.
(c) Exceptions. The following events do not require a community event permit:
(1) Community events that occur on a public sidewalk or pedestrian path and are anticipated to have five hundred or fewer participants, and all participants: (i) assemble, march or walk in groups of less than fifty, two abreast, and give way to others they encounter on the public sidewalk or pedestrian path; (ii) do not obstruct traffic flow; (iii) obey all traffic regulations; and (iv) obey all applicable park regulations. (A) For any community event under this subsection (c)(1) where it is reasonably anticipated or for which the organizer becomes aware the number of participants will exceed one hundred fifty individuals, the organizer shall endeavor to provide notice to the Chief of Police at least forty-eight hours in advance of the activity, or as soon as the organizer becomes aware the event may exceed one hundred fifty people.
(B) Any event otherwise exempt from obtaining a community event permit under subsection (c)(1) may be terminated and participants ordered to 14 disperse by the Chief of Police if, after warning the participants and providing them with an opportunity to comply, participants are not in compliance with the regulations set forth in subsection (c)(1).
(2) Block parties, so long as they comply with the provisions of Section
4.68.190, below.
(3) Community events at the following City facilities:
(A) Facilities that are predominately used and approved by the Fire Department or the Building Department as public assembly spaces do not require a community event permit so long as such events do not require a street closure or traffic diversion or require the use of other public property that does not constitute a publicn assembly space. For purposes of this subsection, public assembly spaces include, but are not limited to, the publicly accessible areas of the Civic Auditorium, the Pier Carousel, City park buildings, Annenberg Community Beach House, and Miles Memorial Playhouse.
(B) The Woodlawn Cemetery for funerals and Memorial Day services. (4) Community events that occur on school grounds and other property owned by the Santa Monica-Malibu Unified School District and the Santa Monica College. (5) Spontaneous events may be conducted on the lawn of City Hall without organizers first having to obtain a community event permit. If practicable, the organizers should give notice to the City's Community Services Director at least four hours prior to the event informing the City of the date and time of the event and providing an estimate of the approximate number of persons who will be participating.
SECTION 5. Santa Monica Municipal Code Section 4.68.050 is hereby 15 amended to read as follows:
4.68.050 Application
(a) To receive a community event permit, a person must complete and file a community event application with the Community Event Committee, or a designated representative, on a form approved by the City. The applicant must provide the following information:
(1) A description of the proposed community event;
(2) The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed community event; (3) The manner in which the public property will be utilized; (4) The date or dates and the specific times thereof, including set-up and teardown, that the public property is to be utilized for the described community event; (5) The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed community event; (6) The name, address, email address, and telephone number of the person or persons to be contacted regarding the application or permit; (7) A zero waste plan; and
(8) Such other information as the City may require via administrative regulation. (b) For open street events, the application shall be reviewed in two phases:
preliminary conceptual approval, and then final approval upon submission of all requirements in this Section. The applicant shall submit the following:
(1) For preliminary approval by the City:
(A) Everything required in subsection (a), above.
16 (B) A site plan with a description of the location of the right-of-way requested to be closed and its association with the event, including maps and/or drawings which identify the streets that would be affected, describing the scope and design of the event, including illustrations of the location of the following, as applicable: staging, food booths, generators, portable toilets, trash/compost/recycling bins, seating, and bike valet operations, and including a diagram of an emergency access plan with a minimum unobstructed width of twenty feet and vertical clearance of at least thirteen and one-half feet, and accommodation for accessibility needs.
(C) Presence of amplified sound or alcohol in the right-of-way, and list of equipment that will be placed in the right-of-way.
(D) Evidence that the applicant owns, leases, or rents property within the proposed closure area, or a signed letter of co-sponsorship from someone who meets those criteria.
(E) A transportation management plan to minimize the parking and traffic impacts of event attendees that promotes transit and active modes of transportation to/from the event.
(2) Once the applicant receives preliminary approval, the following shall be submitted to complete the application:
(A) A petition indicating the occupants of at least fifty-one percent of residences and businesses within the closure area have no objection to and support the closure. For residential properties impacted by the closure, the petition must be signed by the resident(s). For commercial properties, the petition must be 17 signed by the owner, manager, assistant manager, or property manager of the business impacted by the closure. The petition must include the event name, date, time, location, and contact information of the event organizer. In the alternative, an applicant may elect to satisfy this requirement by providing a letter of support for the event from the business improvement district, Santa Monica Travel and Tourism, Chamber of Commerce, or neighborhood association associated with the proposed closure area.
(B) A temporary traffic control plan showing the necessary controls, including, but not limited to, signage and barricades required to safely close the right-of-way and detour traffic, and indication of bus and transit stops along the proposed closure area. Permit holders are responsible for procuring and placing all traffic control devices and temporary parking signs. (C) Copies of all other permits required to be issued from the City or any other external organization, including, but not limited to, the County of Los Angeles and the State of California, and divisions thereof. If such permits have not yet been obtained, the applicant shall submit a copy of any relevant application and a projected timeline for approval.
(c) The Community Event Committee may refer the application to such City departments or personnel as the Committee deems necessary from the nature of the application for review, evaluation, investigation and recommendations regarding approval or disapproval of the application.
(d) An application must be submitted and reviewed in accordance with the time limits established in administrative regulations and guidelines established pursuant to Section 18 4.68.200.
SECTION 6. Santa Monica Municipal Code Section 4.68.130 is hereby amended to read as follows:
4.68.130. Community event temporary signage.
Temporary or nonpermanent sign(s) identifying or pertaining to and occurring during the community event, including sponsors of the community event, may be installed by the permit holder, or designee, within the event site as defined in the community event permit, resolution, license, or, if a community permit is not required per Section 4.68.040(c), by written agreement with the City. At events on the City beach or at City parks, the logo of a commercial sponsor or vendor may be included on a small area of the temporary sign, not to exceed one square foot or five percent of the banner area, whichever is smaller, provided said sign(s) are internally oriented to the extent possible. At other event sites, the logo shall not exceed thirty percent of the banner area, provided the sign(s) are internally oriented to the extent possible. The logo of tobacco sponsors shall be prohibited.
Directional signs for walks, races, and open street events may be installed by the permit holder, or designee, provided that each sign is less than two square feet in size, attached to a street light or other utility pole at a height of between five and six feet without damaging the finish of the pole, placed without obstructing or obscuring other signage or traffic control devices, and installed less than two hours prior to the start of the event and removed within one hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the community event permit application and be approved by the City. The City may remove signs that do 19 not meet the installation and removal requirements of this Section and shall charge the permittee for the cost of this removal.
SECTION 7. Santa Monica Municipal Code, Section 4.68.210 is hereby amended to read as follows:
4.68.210 Other permits and licenses and compliance with all laws. (a) The issuance of a community events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this Code, or any other local, State, or Federal law or regulation.
(b) Community events shall comply with all local, State, and Federal laws and regulations.
(c) It shall be unlawful for any person to sponsor or conduct a community event requiring a community event permit unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with knowledge the sponsor of the event has not been issued the required permit.
(d) A community event permit authorizes the permittee to conduct only the event described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the permit.
(e) City Council, by Resolution, may exempt the permittee or licensee from any requirement of this Code, including, but not limited to, the requirements set forth in this Chapter, Chapter 4.12 (Noise), Chapter 9.61 (Signs), and other provisions of the Code as necessary to facilitate the specific needs of the Community Event, and may further 20 authorize the City Manager to exempt permittee or licensee from additional provisions of this Code as necessary. Any such exemptions from the Municipal Code shall be based on the following findings:
1. Strict application of the provisions of this Code would result in practical difficulties or unnecessary hardships, which would frustrate the purposes of the event;
2. The proposed event is of extraordinary scope and will provide a significant benefit to the community, including, but not limited to, events that: (a) generate significant indirect economic and community benefits; (b) attract both residents and visitors; and (c) promote Santa Monica on a regional, national, and global stage;
3. The requested exemption is limited to the event period and is otherwise temporary in nature;
4. The permittee or licensee has agreed to restore premises at which the Community Event will be held to the original conditions in place prior to the requested exemption; and
5. The permittee or licensee has agreed to implement best practices and provide adequate procedures to minimize and respond to event impacts.
SECTION 8. Santa Monica Municipal Code Section 6.11.030 is hereby amended as follows:
6.112.030 Rules and regulations.
(a) Subject also to Sections 6.112.050 and 6.112.060, no performer may perform:
(1) Within ten feet of any bus stop;
(2) Within ten feet of any street corner or a marked pedestrian crosswalk; (3) Within ten feet of the outer edge of any entrance of any business, 21 including, but not limited to: doors, vestibules, driveways, outdoor dining area entries on the Promenade, and emergency exits, during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises;
(4) Within twenty feet of the outer edge of an outdoor dining area; (5)(4) Within ten feet of the outer edge of any entrance to any residence; (6)(5) Within twenty feet of the outer edge of any stairs or ramp on the south side of the Pier;
(7)(6) Within ten feet of the outer edge of the roadway leading to the Pier or within one hundred feet of the northwest corner of Colorado Blvd and Ocean Ave; (8)(7) On the wooden landing or wooden walkways immediately north of the Pier.
(b) No person may perform on the Third Street Promenade, the Pier, the Transit Mall, or in the Buffer Zone without first obtaining a performance permit issued by the City pursuant to Section 6.112.040 unless the performance is conducted on Monday through Friday prior to twelve noon and that day is not a holiday as defined in subsection (q) of this Section.
(c) A performer and the performer's equipment may not block or obstruct the free and safe movement of pedestrians. If a sufficient crowd gathers to observe a performer such that the passage of the public through a public area is blocked or obstructed, a Police Officer or Fire Official may disperse that portion of the crowd that is blocking or obstructing the passage of the public. If a performer cannot conduct a performance in a location without blocking or obstructing the passage of the public, a 22 Police Officer or Fire Official may cause the performer to leave the location or require that the performer relocate his or her equipment, but shall not prevent the performer from occupying another location in compliance with this Chapter. (d) There shall be no charge for a performance. Money given for a performance shall be on a donation only basis. A performer shall perform whether or not the performer receives compensation for the performance. A performer may not charge a set fee for the performance or use aggressive measures to solicit donations. For purposes of this subsection, aggressive measures shall include: blocking or impeding the passage of the solicitee intentionally; touching the solicitee with the intent to intimidate or coerce; following the solicitee, going behind, ahead or alongside of him or her, with the intent to intimidate or coerce; threatening the solicitee, by word or gesture, with physical harm; or abusing the solicitee with words which are offensive and inherently likely to provoke an immediate violent reaction.
A performer shall not be required to obtain a vendor permit pursuant to Chapter 6.36 or a business license pursuant to Chapter 6.04. Other Federal, State, and local laws may apply to this activity and to sales, including, without limitation, local, State, and Federal tax laws. It is each performer's sole responsibility to ensure that he or she is familiar with and complies with such laws.
(e) No performer shall construct, erect, or maintain any stage, platform, or similar structure for use during any performance unless the stage or platform:
(1) Is integral to the performance and the performance only takes place on the stage;
(2) Does not exceed four feet by four feet and one-quarter inch in height; 23 (3) Is removed from the public way when the performer is not performing; (4) Has beveled edges.
(f) No performer shall use any knife, sword, torch, flame, axe, saw, or other object that can cause serious bodily injury to any person, or engage in any activity, including, but not limited to, acrobatics, tumbling, or cycling, that can cause serious bodily injury to any person.
(g) No performer shall use any generator, wet cell battery with removable fill caps, or any other power source that poses a fire or public safety hazard. No performer shall connect or maintain an electrical cord to an adjacent building or to a City power source. (h) No performer may litter his or her performance site. (i) No performer shall utilize or prevent the public from utilizing any public benches, waste receptacles, or other street furniture during the performance. (j) No minor under the age of sixteen can perform unless the minor is at all times accompanied by a responsible adult eighteen years of age or older, has obtained an entertainment work permit issued by the Department of Industrial Relations of the State of California and maintains the permit in his or her possession at the time of the performance.
(k) No performer shall place any object on a public sidewalk which causes less than a four-foot contiguous sidewalk width being kept clear for pedestrian passage. (l) No performer shall perform with more instruments, props, equipment, merchandise, or other items than the performer can reasonably transport and remove all at once within three minutes.
(m) No performer shall place his or her instruments, props, equipment, 24 merchandise, or other items on a public sidewalk, public street, or public right-of-way for more than two hours without performing in accordance with the provisions of this Chapter.
(n) A performer shall stay with his or her instruments, props, equipment, merchandise, or other items at all times that these items are on a public sidewalk, public street, or public right-of-way.
(o) No performer shall perform in contravention of the allowable noise standards established by Chapter 4.12 and Chapter 6.116 of this Code. (p) No performer shall block or obstruct a curb cut.
(q) The following formula establishes the special performance hours that apply during specified holidays on the Third Street Promenade, the Buffer Zone, the Transit Mall, and the Pier:
(1) If the holiday follows a weekend and the next day is a workday, then the holiday shall be treated as if it were Sunday and the day preceding the holiday shall be treated as if it were Saturday.
(2) If the holiday precedes a weekend, then the holiday shall be treated as if it were Saturday and the preceding day shall be treated as if it were Friday. (3) If the holiday occurs during midweek, and is surrounded by workdays, then the holiday shall be treated as if it were Sunday and the day preceding the holiday shall be treated as if it were Friday.
The following is a list of holidays which trigger the application of this subsection: New Year's Day, President's Day, Memorial Day, Independence Day, Columbus Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. The City Council 25 may by resolution add to this list of holidays.
(r) No performer shall perform outside designated performance zones on the Third Street Promenade and the Pier, as established by resolution of the City Council.
SECTION 9. Santa Monica Municipal Code Section 6.112.050 is hereby amended to read as follows:
6.112.050 Special Regulations for Third Street Promenade and Transit Mall In addition to the requirements of Sections 6.112.030 and 6.112.040, no performer shall perform in the Third Street Promenade or the Transit Mall outside of an enclosed building in violation of the following requirements:
(a) Except as provided in subsection (q) of Section 6.112.030, no performer shall perform except during the following time periods:
(1) Nine a.m. to eleven p.m. daily.
(2) Eleven p.m. on Friday and Saturday to one-thirty a.m. of the following day.
(b) No performer shall perform within sixty feet from of a community event boundary. unless the If the community event encompasses one or more City blocks, the City may, in its sole discretion, designate one or more performance spaces per block. in which case the performance shall be conducted according to any administrative regulations issued under this Chapter.
(c) No performer shall:
(1) Perform on the Third Street Promenade in any specific location or within that same block, for more than two hours in any six-hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be 26 considered part of the performance for purposes of this subdivision and subdivision (2) of this subsection (c).
(2) Perform on the Third Street Promenade on an even hour at the same location that he or she was performing on the preceding hour, or within that same block.
(3) Perform on the Transit Mall in any specific location or within that same block, for more than two hours in any six-hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision and subdivision (4) of this subsection (c).
(4) Perform on the Transit Mall on an even hour at the same location that he or she was performing on the preceding hour, or within that same block. (5) Perform on the Buffer Zone in any specific location or within that same block, for more than two hours in any six hour period. The time required to set up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision and subdivision (6) of this subsection (c).
(6) Perform in the Buffer Zone on an even hour at the same location that he or she was performing on the preceding hour, or within that same block. (7) Perform within ten feet of a vendor operating pursuant to or under the authority of an approved license agreement or within forty feet of any other vendor or performance.
(8) Perform on the Transit Mall or in the Buffer Zone at a distance greater 27 than five feet from the outer wall of any building or any permanent extension of the building such as a planter box.
(9) Perform on the Santa Monica Boulevard segment of the Transit Mall within twenty feet of the Third Street Promenade.
SECTION 10. Santa Monica Municipal Code Section 9.61.140, Exempt Signs, is hereby amended to read as follows:
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, provided that they are not of the type prohibited by Section
9.61.180(A)(1)—(4) and (9) through (12) or by Section 9.61.230; C. Pole banners and over-the-street banners authorized pursuant to Santa Monica Municipal Code Section 4.08.500;
D. Noncommercial signs provided that they are neither not: (1) Temporary Signs under Section 9.61.160; nor (2) signs of the type prohibited by Section
9.61.180(A)(1)—(4) and (9) through (12) 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 28 public right-of-way or public property pursuant to a license agreement with the City.
H. Displays or activations on the Santa Monica Pier Ferris Wheel authorized by a permit or agreement with the City.
SECTION 11. Santa Monica Municipal Code Section 9.61.160 Temporary Signs is hereby amended to read as follows:
9.61.160 Temporary Signs
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 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 Section
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.
29 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 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 nonconsecutive) 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 Section
9.61.180(A)(1)—(4) and (9) through (12).
30 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;
2. Up to 120 days (consecutive or nonconsecutive) per calendar year, up to two additional freestanding 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% of the front building façade area or one 100 square feet, whichever is less, not extending above the second-floor floor line;
4. For two 30-day periods in any calendar year, a temporary window signs not to exceed 20% of the first floor's total frontage glass area and that do not extend above the second-floor floor line; or
5. Public signs, provided that they are not of the type prohibited by Section
9.61.180(A)(1)—(4) and (9) through (12).
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 31 and limited on two sides/faces with a total square footage of sign area not to exceed 20 square feet;
3. The sign shall be a portable sign;
4. The sign is not of the type prohibited by Section 9.61.180(A)(1)—(4), (6), (7), and (9) through (12) or by Section 9.61.230; and
5. The sign shall be removed when the business is closed.
E. Within the Bayside Conservation District bound by 2nd Court, 3rd Court, Broadway, and Wilshire Boulevard, notwithstanding anything to the contrary in this Section, a temporary sign permitted by this Section may be displayed for up to 12 consecutive months. The Director may grant one six-month extension for each 12- month period if a request is filed prior to the expiration of the initial 12-month period.
F. Temporary signs are prohibited signs, except as provided by this Section or otherwise exempt pursuant to Section 9.61.140.
SECTION 12. Santa Monica Municipal Code Section 9.61.200 is hereby amended to read as follows:
9.61.200 Bayside Conservation District
Notwithstanding anything to the contrary in this Chapter, all non-prohibited signs approved by the Review Body shall be permitted in some limited areas of the Bayside Conservation District, bound by 2nd Court, 3rd Court, Broadway, and Wilshire Boulevard, on the following terms:
A. There shall be no limit on the maximum total sign area of permitted signs for signs that face the Third Street Promenade and signs on mid-block buildings with frontage on the Third Street Promenade that wrap an upper-level building corner. 32 B. Signs that cover windows that service an occupied tenant space shall be required to have 50% visual transparency. Areas of glazing above 15 feet on single story buildings are exempt from this requirement.
C. Temporary signs on buildings, where the ground floor tenant space is occupied, may be displayed for up to 12 consecutive months. The Director may grant one six-month extension for each 12-month period if a request is filed prior to the expiration of the initial 12-month period. For purposes of this paragraph, “occupied” means that a complete permit application for the tenant space has been submitted to the City or that the tenant space is undergoing active construction pursuant to a valid building permit. Temporary signs shall be allowed in conformance with Section 9.61.160(E).
D. Projecting signs that face the Third Street Promenade must be placed at least 10 feet above the sidewalk, and may not project more than 42 inches from the building façade. Three-dimensional signs are projecting signs and sign area shall not exceed 10 square feet. Sign area for three-dimensional signs shall be measured as viewed from the Third Street Promenade elevation.
E. Notwithstanding anything to the contrary in this Chapter, the following prohibited signs are allowed in the Bayside Conservation (Third Street Promenade Area) District:
1. Subject to Section 9.61.200(F), below, animated signs, including, but not limited to, digital display signs composed of a sign face, building face, and/or any building or structural component that displays still images, scrolling images, moving images, or flashing images, including video and animation, through the use of grid lights, cathode ray projections, light emitting diode displays, plasma screens, liquid crystal displays, fiber optics, or other electronic media or technology that is either independent of or attached 33 to, integrated into, or projected onto a building or structural component, and that may be changed remotely through electronic means.
2. On façades facing the Third Street Promenade, supergraphic signs consisting of an image projected onto a wall or printed on vinyl, mesh, or other material with or without written text, supported and attached to a wall by an adhesive and/or by using stranded cable and eye-bolts and/or other materials or methods.
3. For establishments with frontage on the Third Street Promenade, Portable signs not of the type prohibited by subsections (1) through (7) and (9) through (12) of Section 9.61.180(A). The sign shall be removed when the business is closed.
4. For establishments with frontage on the Third Street Promenade, Upper Level signs are allowed on façades facing the Third Street Promenade, so long as they are not of the type prohibited by subsections (1) through (9) and (11) through (12) of Section 9.61.180(A).
F. Animated signs permitted pursuant to this Section are allowed on the following conditions:
1. Sign must be located only on a façade facing the Third Street Promenade.
2. Maximum allowable sign area shall be the area above the storefront up to 5'0" in height for the width of the tenant space. The sign may be placed anywhere on the building façade so long as the sign does not project above the roofline and the maximum allowable sign area is not exceeded.
3. Signs may not cover windows.
4. Sign lighting shall not be of an intensity or brightness that will create a nuisance for properties in direct line of sight to the sign. Illumination is limited to 0.3 foot 34 candles above ambient lighting at the property line, and a maximum brightness of 300 candelas per square meter at night (from sunset to sunrise), and 5,000 candelas per square meter during the day (sunrise to sunset).
5. Signs must be dimmable.
6. The sign luminance contrast ratio shall not exceed 30:1.
7. The City may require a sign illumination plan in accordance with any adopted administrative regulations pursuant to this Section as part of the application process to demonstrate compliance with all applicable standards.
8. Animated sign faces shall operate only between the hours of 6:00 a.m. and 2:00 a.m., and shall be turned off between the hours of 2:00 a.m. and 6:00 a.m.
9. Signs are not eligible for a sign adjustment under Section 9.61.130.
G. The City Manager shall have authority to adopt administrative regulations governing the specifications of signs permitted by this Section, including, but not limited to, regulations on brightness, refresh rate, and approval of a sign illumination plan including illumination testing protocols.
H. Nothing this Section would supersede the façade alteration requirements set forth in Santa Monica Municipal Code Chapter 9.55.
SECTION 13. Santa Monica Municipal Code Section 9.61.230 is hereby amended to read as follows:
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 required by resolution, license agreement, or other permit issued by the City, by the Santa Monica 35 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.
SECTION 14. Existing temporary and non-commercial signs in the Bayside Conservation District shall have 12 months to comply with the regulations set forth herein. Existing temporary and non-commercial signs located outside the Bayside Conservation District shall have 120 days for compliance.
SECTION 15. 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 16. 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 36 unconstitutional.
SECTION 17. 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:
_____________________________
HEIDI VON TONGELN
CITY ATTORNEY