Malibu Municipal Code § 3.15 Signs

This Chapter shall apply to all signs within the City. The goals of these regulations include the following:

A. To preserve and enhance the unique character and visual appearance of the City.

B. To assure proper expression through visual communications involving signs that are compatible with the character and environment of this community.

C. To promote fairness in competition and retain identity in the business community while recognizing the importance of well designed business signs.

D. To enhance the visual quality of the City's scenic area, roads, and streets.

E. To recognize the integral part played by signs in the overall appearance of the City.

F. To reduce possible traffic and safety hazards by prohibiting signs that are distracting to motorists.

G. To recognize the functions and importance of signs for businesses and the benefit of well designed business signs to the community as a whole.

H. To provide guidance and direction for sign users and sign designers as to what constitutes appropriate signs in the City.

I. To establish standards that will encourage business signs to be used for the purpose of business identification.

J. To protect and provide for public access to and along the shoreline, inland trails and public parklands.

K. To develop a uniform signage program to assist the public in locating and recognizing shoreline and trail access points. In areas containing environmentally sensitive habitat or safety hazards, signs may be posted in English and in Spanish describing the habitat or safety hazard once the accessway or trail is opened by a public agency or private association.

Except for those signs allowed under the provisions of Section 3.15.4 (E) of the Malibu LIP, "Special permits," the following signs are prohibited:

A. Outdoor advertising displays, structures or signs.

B. Portable signs.

C. Exposed neon, flashing or scintillating signs, except for public service time and temperature signs, which shall not be flashing, animated or revolving in nature.

D. Revolving signs.

E. Devices dispensing bubbles and free floating particles of matter.

F. Any notice, placard, bill, card, poster, sticker, banner, sign, advertising or other device affixed or attached to or upon any public street, walkway, crosswalk, other rights-of-way, curb, lamppost, hydrant, tree, telephone booth or pole, lighting system or any fixture of the police or fire alarm system.

G. Devices projecting or otherwise producing the image of an advertising sign or message on any surface or object.

H. Projecting signs.

I. Signs which project or encroach into any existing or future street right-of-way.

J. Automatic changing signs or electronic message center signs, except for public service time and temperature signs, and public safety signs such as changeable traffic message signs.

K. Streamers, banners, balloons, flares, flags (other than national, state, or local government flags), pennants, propellers, twirlers, and similar attention-getting display or device with the exception of the following:

1. Holiday decorations, in season, displayed for an aggregate period not exceeding sixty (60) days in any one (1) calendar year, except no advertising of the business or products shall be permitted.

2. Grand opening and special event displays approved by the Manager in the manner hereinafter provided.

L. Except as hereinafter provided, freestanding or pole signs, except for onsite directional signs.

M. A vehicle related portable freestanding sign or any sign placed within, affixed or attached to any vehicle or trailer on a public right-of-way, or on public or private property, for the purpose of advertising an event or attracting people to a place of business, unless the vehicles or trailer is used in its normal business capacity and not for the primary purpose of advertising an event or attracting people to a place of business.

N. Signs or sign structures which by color, wording or locations resemble or conflict with traffic control signs or devices.

O. Signs that create a safety hazard by obstructing the view of pedestrian or vehicular traffic.

P. Sign structures and supports no longer in use, for a period of sixty (60) days by the owner, tenant, or lessee.

Q. Signs painted directly on an exterior wall, fence, fascia or parapet.

R. Signs that display a message or graphic representation that is lewd, indecent, or offensive to public morals.

S. Signs for the purpose of commercial advertising created by the arrangement of vegetation, rocks, or other objects such as on a hillside visible to pedestrians or motorists.

T. Roof signs.

U. Combination signs.

V. Signs which are enacted after this date that do not conform to the provisions of these section are prohibited.

W. Signs advertising off-site non-coastal related uses or services shall be prohibited in public beaches and parks.

X. [Repealed]

Y. Signs which obstruct or degrade public views to scenic areas from public viewing areas and scenic roads are prohibited.

Z. New billboards.

A. Application. No person shall place, erect, modify, alter or repaint, or permit the placement, erection, modification, alteration or repainting of any sign, unless otherwise specifically exempted by this Chapter, without first obtaining a sign permit in accordance with the provisions of this section. The application for such sign permit shall be made on the form provided by the Planning Department and shall be accompanied by the required fee. Such application shall set forth and contain the following information and materials:

1. The location and size of any existing or proposed buildings or structures on the property, which are or will be under the ownership or control of the applicant.

2. The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs are proposed.

3. The position of the proposed sign and its relationship to existing or proposed adjacent buildings and structures which are or will be under the ownership or control of the applicant.

4. The proposed design, size, exact colors, materials and location of the sign or sign structure.

5. The method of attachment to any structure.

6. A statement showing sizes and dimensions of all other signs existing on the property under the ownership or control of the applicant.

7. A statement showing the size and color relationships of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property.

8. Photographs of all sides of any building or renderings of proposed buildings.

9. Such other information as the Planning Department may require to secure compliance with this Chapter.

B. Review. An application for a sign permit for the placement or erection of a new sign or the modification, alteration or repainting of an existing sign shall be reviewed by the Manager. The Manager shall approve the application if the Manager finds that such application satisfies the criteria set forth in subsection C of this Chapter. Any decision made by the Manager may be appealed in accordance with the provisions of the Malibu Zoning Ordinance.

C. Criteria. The following criteria shall be used in reviewing an application for a sign permit:

1. That any business sign is necessary for the applicant's enjoyment of substantial trade and property rights;

2. That the sign is consistent with the certified Local Coastal Program, general plan and the provisions of the Municipal Code;

3. That the sign is not detrimental to the public health, safety, or welfare;

4. That the size, shape, color, and placement of the sign is compatible with the building it identifies;

5. That the size, shape, color, and placement of the sign is compatible with the neighborhood and other lawful signs in the area;

6. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions are legible under normal viewing conditions prevailing where the sign is to be installed;

7. That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs;

8. That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value or quality of adjacent properties; and

9. That the location and design of a proposed sign in close proximity to any residential district does not adversely affect the quality or character of such residential area.

10. Signs shall be designed and located to minimize impacts to scenic areas from scenic roads and public viewing areas.

11. Signs approved as part of commercial development shall be incorporated into the design of the project and shall be subject to height and width limitations to ensure that signs are visually compatible with surrounding areas.

12. Signs shall not restrict public access to lands to which the public has a right of access (including, but not limited to, state tidelands, vertical or lateral public access easements, or deed restricted areas that grant public access). Signs on beachfront properties which purport to identify the boundary between lands to which the public has a right of access and private property over which there are no such rights must be accurate and not misleading, and where such boundary is ambulatory (such as where it is defined based on the location of the MHTL) the ambulatory nature of the boundary and the existence and nature of the applicable public rights must be clearly conveyed.

D. Exemptions to sign permit requirement.

1. The following signs, if not illuminated, shall be permitted without the requirement of a sign permit in all land use zones:

a. One (1) identification sign not exceeding two (2) square feet in area displaying only the name and/or address of the owner, occupant or use, except that agricultural uses may have one (1) identification sign not exceeding six (6) square feet in area.

b. Directional or safety signs required by law.

c. One (1) each national, state, and local governmental flag properly displayed upon a maximum of one (1) per pole, not to exceed twenty-eight (28) feet in height.

d. Holiday decorations, in season, displayed for an aggregate period not exceeding sixty (60) days in any one (1) calendar year.

e. Religious, charitable, civic, homeowners association, educational or cultural posters, affixed to a building wall or window area, not exceeding sixteen (16) square feet in area which are installed in a temporary condition.

f. Utility and telephone pay station signs.

g. Official traffic, fire and police related signs, temporary traffic control signs used during construction, utility facilities and substructure location and identification signs and markers required to protect said facilities, and other signs and markers required or authorized by the City of Malibu, the State Department of Transportation, or any other public agency.

h. Notices required to be posted by law.

i. Signs for public or quasi-public uses. Directional and public convenience signs for public and quasi-public uses may be permitted on public property. The design of such signs shall conform to standard directional sign specifications promulgated by the Manager and approved by the planning commission. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Manager.

j. Signs indicating the location of or directions to public access to the shoreline, trails or parklands.

2. Residential land use districts.

a. Nameplates. Each residential dwelling is permitted one (1) nameplate per street frontage indicating the names of the residence/occupants and/or the street address of the residence. The sign shall not exceed two (2) square feet in area.

b. Agricultural uses. Each agricultural use is permitted one (1) unilluminated sign indicating the name and address of such use. Such sign shall not exceed six (6) square feet in area and if located on a fence or stake, shall not be more than six (6) feet in height.

c. Real estate advertising signs. One (1) unilluminated, double-faced real estate advertising sign is permitted, not to exceed six (6) square feet in area and six (6) feet in height. Such sign shall contain information restricted to the sale or rental of the premises on which located. Such sign shall be situated no less than five (5) feet from the inside line of the sidewalk, or if there is no sidewalk, from the property line. Such sign shall remain on the premises only during the period of time that the premises are being offered for sale and in any event shall be removed seven (7) days after the property is sold or rented or the offer for sale or rent is terminated.

d. Open house signs. During the period when real estate is offered for sale or rent and while a salesperson is physically present on the premises, a sign indicating that an open house is being conducted is permitted. the sign shall not exceed three (3) square feet in area; and if located on a stake, no part of the sign shall exceed four (4) feet above ground level. Off-site directional signs may be permitted for an open house, subject to the following provisions:

i. Such signs shall not exceed three (3) square feet in area;

ii. No more than two pole flags not exceeding two square feet or five feet in height shall be used;

iii. Such signs shall be located on private property only;

iv. Such signs shall be allowed only during daylight hours;

v. Such signs shall be located not less than five (5) feet from the inside line of the sidewalk or, if there is no sidewalk, from the property line.

e. Signs for special events including temporary events exempt from CDP requirements. Temporary signs not exceeding sixteen (16) square feet in area pertaining to events of civic, philanthropic, educational or religious organizations may be permitted provided that such signs are posted for no more than thirty (30) days prior to and seven (7) days after such event.

f. Garage sale signs. One (1) non-illuminated double-faced sign is permitted during the time of a garage sale. Such sign shall not exceed six (6) square feet in area and, if located on a fence or stake, shall not be more than six (6) feet in height. In addition, off-site directional signs may be permitted during the same period subject to the following provisions:

i. Such signs shall not exceed three(3) square feet in area.

ii. Such signs shall be located on private property only; and

iii. Such signs shall be limited to four (4) in number.

3. Multiple residential districts

a. Purpose. In authorizing signs for this zone, it is recognized that larger residential complexes and other permitted uses require identification as separate identities. The intent of these regulations is to strive for a single sign per complex or use to eliminate clutter and to promote compatibility, proportion, simplicity and sign effectiveness.

b. Signs - Apartments. One (1) monument identification sign not exceeding forty-eight (48) square feet in area, including the base, and six (6) feet in height may be erected on the public street frontage upon which the apartment complex has access. Such sign shall be set back a minimum of five (5) feet from any property line. In addition, a directory sign not exceeding one (1) square foot of sign area per apartment and five (5) feet in height may be installed on each building wall facing a public street upon which the apartment complex has access.

c. Signs - Condominiums. One (1) monument identification sign not exceeding forty-eight (48) square feet in area, including the base, and six (6) feet in height may be erected on each public street frontage upon which the complex has public access. Such signs shall be set back from any property line at least five (5) feet. In addition, interior directional signs which are visible from any public right-of-way, may be approved by the Manager to identify special elements of such complexes such as clubhouses and other common area facilities provided that such signs do not exceed six (6) square feet in area and four (4) feet in height. Interior directional signs not visible from any public right-of-way shall not be subject to the requirements of this paragraph.

d. Other permitted uses. For each nonresidential use not more than one (1) monument identification sign per public street frontage upon which such use has public access may be erected to identify the use provided that such sign does not exceed forty-eight (48) square feet in area, including the base, and six (6) feet in height. Such signs shall be set back a minimum of five (5) feet from any property line.

e. Real estate advertising signs. One (1) real estate sign is permitted per unit being offered for sale, lease or rent. Such signs shall not exceed six (6) square feet in area and six (6) feet in height, and shall be designed and located in a manner approved by the Manager. Such sign shall be removed with seven (7) days after the property is sold or rented or the offer for sale or rent is terminated. Property shall be deemed to be sold upon the close of escrow.

f. Signs for special events. Temporary signs not exceeding sixteen (16) square feet in area pertaining to events of civic, philanthropic, educational or religious organizations may be permitted provided that such signs are posted for no more than thirty (30) days prior to and seven (7) days after the event.

E. Special permits. Nothing contained in this Chapter shall prohibit the City from granting a temporary special permit or otherwise permitting, on such terms as it deems proper, sign or like advertising pertaining to any civic, patriotic or special event of general public interest provided that the council finds that such signs or advertising will not be materially detrimental to the public health, safety or welfare, nor harmful to adjacent properties or uses. The Manager may grant minor special permits. Said signs shall be limited to a maximum of two (2) per parcel and shall not exceed sixteen (16) square feet in size. Said signs shall be located a minimum of ten (10) feet from any public right-of-way.

A. Entitlements strictly construed. Since the regulations provided by this Chapter are established to protect and promote the public health, safety, and general welfare, any sign entitlement authorized hereunder shall be strictly construed to further the purposes of this Chapter.

B. Sign integration requirement. All signs shall be designed as an integral part of the total building design.

C. Sign orientation. All signs shall face a public or private right-of-way, either on or abutting the property upon which such signs are located.

D. Number of colors. All permanent signs shall contain no more than four (4) different colors. For the purposes of this provision, white and black shall be considered colors. Different shades shall be considered separate colors. A logo is not subject to the four-color limitation.

1. Shopping Center Signs. All signs in shopping centers shall comply with each of the following.

a. Each sign shall contain one or two of the same four (4) colors as every other sign throughout the center.

b. All sign components shall have the same, subdued and uniform background in terms of color, illumination and material.

c. All lettering shall be the same style and color as other signs in the center.

d. A logo shall not be larger than 25 percent of the sign area and is not subject to the four-color limitation.

e. The sign structure and any related supports shall be the same color and material throughout the center.

E. Sign copy. Not more than twenty-five (25) percent of the total area of any sign shall include descriptive wording which is not a part of the name of the business.

F. Types of materials. The types of materials for sign structures shall, if possible and practicable, be similar to or the same as materials used in the related buildings.

G. Illumination of signs. Unless otherwise prohibited by this Chapter, signs may be illuminated subject to the approval of the Manager to ensure that such illumination does not interfere with the use and enjoyment of adjacent properties or create any public safety hazards. The approval of any illuminated sign shall not be final until thirty (30) days after installation during which period the Manager may order the dimming of any illumination found to be excessively brilliant, and no sign approval shall be valid until such order has been carried out to the satisfaction of the Manager. Illumination shall be considered when it prevents perception of objects or building beyond or in the vicinity of the sign. In no case shall an illuminated sign or lighting device be so placed or directed as to permit the beams and/or illumination therefrom to be directed or beamed upon a public street, walkway, or adjacent properties so as to cause glare or reflection that may constitute a traffic or safety hazard or interfere with the use and enjoyment of adjacent properties. Except for automated teller machines, no sign shall be illuminated after 11:30 p.m. or close of business, whichever occurs last.

1. In no event shall the following limits be exceeded:

a. Four (4) 430-milliamp tubes for fluorescent internal lighting,

b. 30-milliamp for neon internal lighting,

c. Two (2) 40-watt floods for external lighting.

H. Obstruction of public passage. No signs shall be installed so as to obstruct any window, door, fire escape or other emergency exit of any building.

I. Required information on signs. All permanent signs approved under these regulation shall have the name of the maker, the date of installation and the city sign permit number legibly placed on the lower right hand corner of the face of the sign in a conspicuous place. As an alternative, such information may be placed on the base of the sign at a location visible and readable from the adjacent public or private right-of-way.

J. Maintenance of signs. All signs shall be maintained in a neat and attractive, well-repaired condition.

The sign entitlements provided by this section shall be considered the maximum permitted sign entitlements under the Malibu LIP. Such sign entitlements may be reduced as a condition of approval for the sign permit for a particular sign or signs if necessary to satisfy the sign criteria set forth in the Malibu LIP.

A. Commercial Land Use Districts.

1. Purpose. The purpose of sign regulation in the commercial and business land use zones is to limit the number of signs per complex to eliminate clutter and to promote compatibility, proportion, simplicity and sign effectiveness.

2. Basic sign entitlement-Business park and retail uses. Each separate business shall be limited to one (1) primary sign integrated into the design of the building. Accessory signs shall be used only to improve the effectiveness of the sign program in relationship to the mass of the building or to indicate legitimate accessory uses. The signs permitted under this paragraph 2 shall be referred to as the "basic sign entitlement." Except as other provided by this Chapter, the following sign area limitations shall apply:

a. The total aggregate area of a primary sign and accessory signs for any business in a building located within one hundred (100) feet of any public or private right-of-way shall not exceed one (1) square foot of sign area for each foot of primary building frontage. In no event, however, shall sign area exceed fifty (50) square feet and such sign shall be located on primary frontage. In the event that one side of the building does not abut a street and exceeds one hundred twenty-five (125) feet in length, there shall be permitted a total of one (1) secondary sign on the building which shall not exceed twenty-five (25) square feet in sign area. The secondary sign may be increased up to fifty (50) square feet in lieu of a primary sign. Such sign shall advertise solely the name of the business center or primary tenant. No secondary sign shall be illuminated. Unless otherwise approved by the Planning Commission, no signs shall be closer than six (6) feet from any other sign permitted under this Chapter. The maximum of any one dimension shall not exceed twenty (20) percent of the building wall, or thirty (30) feet, whichever is less.

b. The total aggregate area of a primary sign and accessory signs for any business in a building located more than one hundred (100) feet of any public or private right-of-way shall not exceed one (1) square foot of sign area for each foot of primary building frontage. In no event, however, shall such sign area exceed seventy (70) square feet and such sign shall be located on the primary frontage. In the event that one (1) side of the building does not abut a street and exceeds one hundred twenty-five (125) feet in length, there shall be permitted a total of one (1) secondary sign on the building which shall not exceed thirty-five (35) square feet in sign area. The secondary sign may be increased up to seventy (70) square feet in lieu of a primary sign. Such sign shall advertise solely the name of the business center or primary tenant. No secondary sign shall be illuminated.

c. Unless otherwise approved by the Planning Commission, no signs shall be closer than six (6) feet from any other sign permitted under this Chapter. The maximum of any one dimension shall not exceed twenty (20) percent of the building wall, or thirty (30) feet, whichever is less.

d. For a single business totally occupying a commercial building, which is not part of a larger complex, project, center or park, or an outdoor display; and within the limitations of the provisions of subparagraphs a and b, above, a freestanding monument sign is permitted, subject to the following standards:

i. The sign shall be a maximum of forty-eight (48) square feet in area, including the base.

ii. The sign shall have a maximum height of six (6) feet.

iii. The sign shall be located a minimum of five (5) feet from any public or private right-of-way.

iv. The maximum length of any side of the sign shall not exceed two (2) times the dimension of any other side.

e. Major tenants in shopping centers which have a frontage greater than one hundred (100) feet are permitted to have a maximum sign area of two hundred (200) square feet.

f. Business maintained exclusively on the second floor of a two (2) story building may be allowed up to ten (10) square feet of sign area adjacent to the first floor entrance. Second floor businesses sharing a common entrance with one (1) or more first floor businesses shall be limited to a ten-square-foot directory sign at the first floor entrance.

3. Basic sign entitlement - Office uses. Office buildings shall be limited to one (1) primary sign solely to identify the name of the building, integrated into the design of the building. The signs permitted under this paragraph 3 shall be referred to as the "basic sign entitlement." Except as otherwise provided by this Chapter, the following sign area limitations shall apply.

a. The total aggregate area of a primary sign for any office building located within one hundred (100) feet of any public or private right-of-way shall not exceed one (1) square foot of sign area for each foot of primary building frontage. In no event, however, shall such sign area exceed fifty (50) square feet and such sign shall be located on the primary frontage. In the event that one side of the building does not abut a street and exceeds one hundred twenty-five (125) feet in length, there shall be permitted a total of one secondary sign on the building which shall not exceed twenty-five (25) square feet in sign area. The secondary sign may be increased up to fifty (50) square feet in lieu of a primary sign. Such sign shall advertise solely the name of the office center or primary tenant. No secondary sign shall be illuminated. Unless otherwise approved by the Planning Commission, no signs shall be closer than six (6) feet from any other sign permitted under this Chapter. The maximum of any one dimension shall not exceed twenty (20) percent of the building wall, or thirty (30) feet, whichever is less. The maximum height of the sign shall be determined by the Manager.

b. The total aggregate area of a primary sign and accessory signs for a building located more than one hundred (100) feet of any public or private right-of-way shall not exceed one (1) square foot of sign area for each foot of primary building frontage. In no event, however, shall such sign area exceed seventy (70) square feet and such sign shall be located on the primary frontage. In the event that one side of the building does not abut a street and exceeds one hundred twenty-five (125) feet in length, there shall be permitted a total of one (1) secondary sign on the building which shall not exceed thirty-five (35) square feet in sign area. The secondary sign may be increased up to seventy (70) square feet in-lieu of a primary sign. Such sign shall advertise solely the name of the office center or primary tenant. No secondary sign shall be illuminated. Unless otherwise approved by the planning commission, no signs shall be closer than six (6) feet from any other sign permitted under this Chapter. The maximum of any one dimension shall not exceed twenty (20) percent of the building wall, or thirty (30) feet, whichever is less. The maximum height of the sign shall be determined by the Manager.

c. In lieu of a sign on the building as specified in (a) and (b) above, an office building is permitted to have a freestanding monument sign. Said sign shall be a monument sign not exceeding forty-eight (48) square feet in area, including the base, and a maximum of six (6) feet from any public right-of-way and shall be used solely to identify the name of the office building.

4. Frontage on two or more streets. A business located in a building having frontage on more than one (1) public right-of-way may use the basic sign entitlement on one (1) frontage, and one-half of the allowance on the second public frontage. Said allowance shall only be utilized on the frontage on which the allowance is based. For the purposes of this paragraph, frontage shall include any entrance or exit to the premises upon which the subject business is located from a public right-of-way even though the subject business does not actually front such right-of-way. In addition, a business with a public entrance on a secondary frontage on a private right-of-way may have a sign located on such frontage which does not exceed ten (10) square feet in area.

5. Commercial and business complex, center or park. In addition to the basic sign entitlement, any commercial and business complex, center or park which has a common name and is in excess of two (2) acres in area is permitted one (1) complex identification sign per one thousand (1,000) feet of public right-of-way. Said sign shall be a monument sign not exceeding forty-eight (48) square feet in area, including the base, and a maximum of six (6) feet in height. Such signs shall be set back a minimum of five (5) feet from any public right-of-way and shall be used solely to identify the complex, center or park. Any commercial and business complex, center or park, in which buildings are located fifty (50) feet or more from public right-of-way, shall be allowed one (1) address monument sign, identifying solely the address of the property, per main driveway, not to exceed a total of one (1) sign per five hundred (500) feet of public right-of-way. Address monument signs shall not exceed a total of one (1) sign per five hundred (500) feet of public right-of-way. Address monument signs shall not exceed sixteen (16) square feet in area, including the base, and shall not exceed five (5) feet in height, and shall be set back a minimum of five (5) feet from any public right-of-way. Complex identification signs and address monument signs may be combined, provided that the combined complex/address sign not exceed sixteen (16) square feet in area, including the base, and shall not exceed five (5) feet in height, and shall be set back a minimum distance of five (5) feet from any public right-of-way.

6. Early review. An application for the first new sign in a commercial or business complex, center or park shall be accompanied by a sign program for the entire complex, center or park in order that all future signs are uniform and consistent with the requirements of this Chapter.

7. Prohibited locations. No signs shall be located in such a manner as to face in the direction of or be visible to property in a residential district when such sign would be less than two hundred (200) feet from such residential property unless such sign faces and is parallel to a public right-of-way.

8. Second-story businesses. Businesses maintained exclusively on the second floor of a two-story building may be allowed up to ten (10) square feet of the sign area adjacent to the first floor entrance.

9. Signs for pedestrian traffic. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed under this Chapter, is permitted. Such sign shall be no larger than three (3) square feet per side and shall be designed and located so as to not distract from the appearance of the building or violate the purposes of this Chapter.

10. Signs within window areas. Informational signs not to exceed a maximum of five (5) square feet of the window area of a business may be used. Such signs shall be located on the inside of the window and shall not require a sign permit, and shall not be used for the name of the business in excess of twenty (20) percent of said area.

a. Sale/special event signs. During the period of time that a sale of goods or services is being conducted, one (1) sale sign per window located on the inside of such window is allowed on each public street frontage. Such sign shall be in addition to the total authorized sign area but shall not exceed twenty-five (25) percent of the total window area. Said sign shall be compatible in terms of colors with the permanent signs, except fluorescent color shall be prohibited. Said sale/special event sign shall be limited to a maximum fourteen-day period, not to exceed a total of four (4) said events per year.

b. Listing of business associates. In addition to the basic sign entitlement, each separate business shall be allowed, without a sign permit, lettering on or behind windows facing the public view indicating the owners, operators, or business associates exercising the use, provided that such lettering shall be enclosed within a single area and shall not exceed a total of three (3) square feet.

c. Use of attraction boards by theaters. In addition to the basic sign entitlement, one (1) attraction board to advertise theater, or restaurant entertainment is permitted. The maximum permitted size for an attraction board shall be fifty (50) square feet if placed on a building wall facing a public street or twenty-five (25) square feet on each side if such board is incorporated into a monument sign otherwise permitted in this Chapter. The advertising on the attraction board shall be limited to coming and current entertainment only.

11. Gasoline service stations. In addition to the basic sign entitlement, gasoline service stations are allowed the following:

a. One (1) gasoline or fuel price sign per street frontage, placed either on the ground or on a pole, not to exceed twenty (20) square feet in area and six (6) feet in height, advertising the actual price per gallon or liter including all taxes at which regular, premium, and unleaded gasoline, are sold.

Any special conditions required for sale at such price including but not limited to "cash," "credit," "full-service," "mini-service," or "self-service," shall also be indicated.

b. One (1) wall sign advertising the company name and/or logo; the operator; and accessory uses, including but not limited to, "mini-mart," "car wash," not to exceed fifteen (15) square feet in area; or a monument sign advertising the information listed above, which does not exceed forty-eight (48) square feet in area, and complies with the provisions governing monument signs.

c. The restrictions imposed by this Chapter shall not be applicable to displays located on or above the actual fuel pumps, nor shall they apply to stand-up or other type displays of service related products such as motor oil, windshield wipers, credit card applications and similar items.

d. One (1) informational sign located on a building wall not to exceed ten (10) square feet in area.

12. Fast service restaurants. In addition to the basic sign entitlement, fast service restaurants with drive-up or walk through facilities are permitted two (2) menu or reader boards with a maximum area of twenty-five (25) square feet each. For the purposes of determining this maximum area, any pictures or photographs of food products on the perimeter of the board shall not be included within the computation of the maximum area for such board.

13. Automated or manual service facilities. Signs for drive-up or walk-up service windows or machines, whether freestanding or incorporated into a building, require special consideration which, because of their unlimited variety and character, a uniform sign entitlement cannot be established. Therefore, the sign allowance for such facilities shall be determined when the sign permit application is being reviewed on the basis of their function and use and such signs shall not be allowed as a method for increasing the basic sign entitlement for the principal use or to function as off-site advertising of the principal use. Examples of such facilities are drive-up or walk-up windows for banks, restaurants, liquor and grocery stores, and film processors.

14. Sale, lease and rental signs. Commercial and industrial properties may have sale, lease or rental signs on the following basis:

a. Under two and one-half (2 1/2) acres, one (1) sign;

b. Over two and one-half (2 1/2) acres, but less than five (5) acres, two (2) signs;

c. Over five (5) acres, one (1) sign per street frontage. Such permitted signs shall not exceed fifteen (15) square feet in area or six (6) feet in height and shall be designed and located in a manner satisfactory to the Manager. Such signs shall be removed within seven (7) days after the property is sold or rented or the offer for sale or rent is terminated. The property shall be deemed to be sold upon the close of escrow.

B. Special Purpose Signs.

1. Trade construction signs. One (1) non-illuminated sign per street frontage advertising the various construction trades is permitted on construction sites during the period that valid building permit approval exists. Such signs shall not exceed three (3) square feet per twenty thousand (20,000) square feet of land area with a maximum of thirty-two (32) square feet in sign area and shall be removed before a notice of completion is issued for the building being constructed. No trade construction sign shall exceed six (6) feet in height.

2. "No trespassing" signs. "No trespassing" or "no dumping" signs per one hundred (100) feet of street frontage not exceeding three (3) square feet in area or six (6) feet in height are permitted for each parcel of land. Such signs shall be designed and located on such parcel in a manner approved by the Manager.

3. Signs shall not restrict public access to lands to which the public has a right of access (including, but not limited to, state tidelands, vertical or lateral public access easements, deed restricted areas that grant public access, trails, or parklands). Signs on beachfront properties which purport to identify the boundary between lands to which the public has a right of access and private property over which there are no such rights must be accurate and not misleading, and where such boundary is ambulatory (such as where it is defined based on the location of the MHTL) the ambulatory nature of the boundary and the existence and nature of the applicable public rights must be clearly conveyed.

4. Land subdivision signs. Signs advertising land subdivisions shall be limited to one (1) double-faced sign of thirty-two (32) square feet per side, placed at a right angle to the street or two (2) thirty-two-square-foot signs facing the street. The maximum height shall be ten (10) feet. Such signs shall be at least two hundred (200) feet apart and shall be located within the subdivision. Such signs shall be removed within twelve (12) months or when all lots within the subdivision are initially sold, whichever is sooner. Such signs shall not be illuminated.

5. Lease potential signs. One (1) sign advertising lease potential for future development, not to exceed thirty-two (32) square feet in area and located a minimum of five (5) feet from any property line, is permitted for a single-parcel multiple-unit development. However, such sign shall not be erected until the architectural review approval is received for the proposed project, and all such signs shall be removed before a notice of completion for the development or upon expiration of the architectural review approval. Such signs shall face a public right-of-way and shall not be illuminated.

6. Community and neighborhood identification signs. For identifiable communities or neighborhoods, a forty-eight (48) square foot sign may be permitted for each public street entrance. Such sign may be placed on property line walls for a maximum of one (1) sign on each side of the entrance, or, as an alternative thereto such sign may consist of one (1) monument sign with a maximum height of six (6) feet.

7. Signs on awnings. Painted, non-illuminated signs may be permitted on the borders of marquees, canopies, awnings, arcades, or similar structures or attachments, if located and erected in a manner satisfactory to the Manager. Such signs shall be included in the basic sign area entitlement. Externally lighted signs shall be permitted on the upper or lower surface of fixed marquees and similar structures, the front face of which faces the public right-of-way; provided that the outer dimensions of such signs shall not exceed sixteen (16) inches in height; and provided further that each letter or image on such a sign does not exceed twelve (12) inches in height. The location and design of such signs shall be approved by the Manager. Such signs shall be included in the total basic sign area entitlement.

8. Grand opening signs. During an authorized grand opening event, temporary signs, not exceeding twenty (20) square feet in area may be approved by the Manager. Such signs may consist of one (1) banner on the exterior wall of the building within which the subject business is located. Such signs shall not be displayed more than thirty (30) days from the issuance of the sign permit.

In addition, during the first four (4) days of a grand opening event, captive balloons, without regard to number, may be permitted provided that such balloons do not extend beyond the lowest point of the roof line of the business, obstruct other business in the vicinity or interfere with pedestrian or vehicle traffic.

These restrictions shall not in anyway prohibit any person from handing out or giving away balloons as part of the normal activities of a business as long as such balloons are not in a captive state attached to a structure.

9. Directional signs. Directional signs shall be limited in number to the greater of five (5) signs or four (4) signs per frontage for any business premises that has more than one (1) frontage. The maximum area for such signs shall be three (3) square feet, and such signs shall not exceed three (3) feet in height. A directional sign may display a logo of a business located on the subject property as well as an arrow or other directional symbol and/or words, including but not limited to "parking," "enter," "exit," "do not enter," "drive-thru," "welcome" and other similar messages.

A. Duty to Enforce. The Manager shall have the duty to enforce the provisions of this Chapter.

B. Ambiguity. Whenever any ambiguity arises as to the interpretation of the provisions of this Chapter, the applicant for a sign permit may request that the Planning Commission make a determination as to the meaning and application of the ambiguous provision.

C. Minor Modifications. The Planning Commission may approve minor modifications to the regulations relating to the size, height, number and location of new or existing signs after a public hearing in those cases where an applicant is faced with exceptional circumstances related to the type or location of its business, or is trying to achieve a special design. The applicant shall have the burden of proving that:

1. The sign is or will be integrated into the architecture of the building;

2. The sign is or will not be detrimental to surrounding uses or properties or the community in general; and

3. The approval of such modification is consistent with the purposes of the Malibu Local Coastal Program and this Chapter.

D. Discontinuance of a Business. Within thirty (30) days after the discontinuance of a business in any commercial zone or before a new business occupies the premises, whichever comes first, all nonconforming signs and support structures shall be removed and the working or advertising relating to the discontinued business shall be removed from all conforming signs. This section shall not be applicable to the assignment, lease or sublease of an existing business which continues to conduct the same business on the same premises.

E. Nonconforming Sign Maintenance. Except for normal repair or maintenance not exceeding fifty (50) percent of the replacement cost of the sign, as determined by the building official, no nonconforming sign shall be modified or moved unless it complies fully with the provisions of this Chapter.

F. Removal of Illegal Signs on Public Property. The Manager shall remove or cause to be removed any temporary sign unlawfully placed or located on public property. The Manager shall notify in writing the owner of such sign, if such owner is known, that its sign is being held at city hall and that it will be destroyed if not claimed by the owner within ten (10) days after the date of such notice. In the event that the owner does not claim such sign within said ten-day period, the Manager may destroy or otherwise dispose of such sign.