Article IV

It shall be the duty and authority of the community development department to administer, interpret and enforce the provisions of this chapter. In the furtherance of said authority, the community development department shall:

• A. Receive applications for sign permits, issue sign permits, and maintain permanent records therefor;

• B. Conduct such inspections of signs and sign structures as are necessary to obtain compliance with the terms of this chapter;

• C. Provide and maintain a continuing program of public information relating to signs;

• D. Enforce the sign regulations in accordance with the adopted policy of the city as set forth in the administrative code entitled "Code Enforcement Policies and Procedures";

• E. Order the abatement of violations of the Millbrae sign regulations and assist in the prosecution of such violations in accordance with the city of Millbrae Municipal and Administrative Codes;

• F. Receive, file and transmit to the planning commission all applications, appeals, and other communications upon which the planning commission is required by this chapter to act; and

• G. Identify and inventory illegal and abandoned signs, pursuant to Business and Professions Code Section 5491.1.

(1976 Code § 10-2.401; Ord. 626 § 2)

All departments, officers and public employees of the city vested with the duty or authority to issue sign permits, electrical permits, use permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for uses, structures or purposes in conflict with the provisions of this chapter. Any such permit or license issued in conflict with the provisions of this chapter shall be null and void.

(1976 Code § 10-2.402; Ord. 626 § 2)

Applications for sign approvals and permits shall be filed with the community development department on forms provided by the department. Both planning and building division review is required. The following information shall be provided at a minimum:

• A. Name, address and telephone number of the property owner, applicant, and sign contractor or erector;

• B. An accurate site plan with location of buildings, parking lots, driveways, landscaped areas and signs;

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City of Millbrae, CA

PLANNING AND ZONING

§ 10.10.130

§ 10.10.160

• C. An accurate indication of the proposed location of each proposed sign, including any signs which are to remain or be removed;

• D. Scaled drawings of the proposed signs shown on elevations of the building, advertising structure or base with sign dimensions, materials, lettering and graphic style, type of lighting, and color scheme;

• E. Computation of existing, proposed and total signage area in relation to maximum permitted sign area; and

• F. Such other information as the community development department may require to show full compliance with this and all other laws and ordinances of the city.

• (1976 Code § 10-2.403; Ord. 626 § 2)

A sign permit and a plans examination fee shall be paid in accordance with the schedule of fees and related provisions established by the city council. Wherever a permit and permit fee are required by this chapter and work is started prior to obtaining the permit, the applicant shall pay the required permit fee and additionally pay a penalty equal to the amount of the permit fee for a permit issued subsequent to the work having been started. (1976 Code § 10-2.404; Ord. 626 § 2)

• A. A sign permit shall be issued only when the sign is consistent with all sections of this chapter and the location, number, size, scale, design, lighting, materials and colors harmonize with their surroundings and are compatible with the architectural style of the building.

• B. Planning commission design review shall be required for any nonexempt sign on an internally illuminated canopy, awning or fascia panel and for any permanent sign which causes the total sign area to exceed fifty square feet. Signs of fifty square feet or less shall be reviewed and approved by the community development department in accordance with this chapter.

• C. Subject to design review and a sign permit, a business's maximum permitted sign area may be distributed on the building site as authorized by the property owner, provided that permanent signage does not exceed one and one-half square feet per linear foot for any building face. Additionally, permanent window signs in, on or within two feet of any glazed window or door area shall be limited to twenty-five percent window coverage.

• (1976 Code § 10-2.405; Ord. 626 § 2)

The planning commission may grant exceptions and variances to the regulations prescribed in this chapter relating to the height, area, location or number of signs under the following circumstances.

• A. Master Sign Program Exception. The planning commission may grant an exception in connection with the approval of a master sign program (see Article VII, Master Sign Program) if it finds that strict adherence to the requirements of this chapter would unduly

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City of Millbrae, CA § 10.10.160

MILLBRAE CODE

§ 10.10.180

impede or interfere with the ability of one or more businesses, facilities or enterprises to adequately identify themselves to the public, or a segment of the public likely to patronize them. The planning commission shall also find that the signage is harmonious and compatible with the development of the property on which it is proposed and with other development in the immediate vicinity.

• B. Exceptions to an Individual Sign. The planning commission, or community development department (in review of an individual sign or sign program of less than fifty square feet), may grant an exception to an individual sign if it finds that strict adherence to the requirements of this chapter would unduly impede or interfere with the ability of the business to adequately identify itself to the public. The planning commission (or the community development department) shall also find that the signage is harmonious and compatible with the development of the property on which it is proposed and with other development in the immediate vicinity.

• C. Variance. In all other cases which do not apply to a master sign program or exceptions to an individual sign, a zoning variance shall be required. The form of application, and the procedure of the planning commission concerning findings, failure to act, appeal period, acknowledgment, expiration or revocation, and suspension shall be the same as set forth in Chapter 10.05 MMC, Article XIII, except that a public hearing shall not be required.

• (1976 Code § 10-2.406; Ord. 626 § 2)

• A. Any applicant affected by any decision of the community development department, or other city official(s) under the provisions of this chapter, may appeal such decision to the planning commission within thirty days from the date of such decision. Such appeal shall be made in writing, setting forth the grounds therefor and shall be filed with the secretary of the planning commission.

• B. Where planning commission review is required for any sign, any person, including the applicant, may appeal the decision of the planning commission to the city council. Said appeal shall be in writing and filed with the city clerk within ten days after the issuance of the decision of the planning commission. A public hearing shall be held by the city council at the time and in the manner provided in Chapter 10.05 MMC, Article XIII, for appeals from actions taken in the matter of applications for variances and use permits.

• (1976 Code § 10-2.407; Ord. 626 § 2)

Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this code and by state law.

• A. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zoning district in which the sign is located;

• B. To install, create, erect or maintain any sign requiring a sign permit without such a permit;

• C. To fail to remove any sign that is installed, created, erected or maintained in violation of this chapter, or for which the sign permit has lapsed;

• D. To continue any such violation enumerated above. Each such day of a continued violation

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City of Millbrae, CA

PLANNING AND ZONING

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§ 10.10.200

shall be considered a separate violation when applying the penalty provisions of this chapter;

• E. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty provisions of this chapter.

• (1976 Code § 10-2.408; Ord. 626 § 2)

Any violation of this chapter or of any condition or requirement adopted pursuant thereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law and this code. A violation of this chapter shall be considered a violation of this code. The remedies of the city shall include any of the following:

• A. Issuing a stop-work order for any and all work on any sign(s) on the same property;

• B. Enforcing the sign regulations in accordance with the adopted policy of the city set forth in the administrative code entitled "Code Enforcement Policies and Procedures";

• C. Imposing any penalties that can be imposed directly by the city under this code;

• D. Seeking in court the imposition of any penalties that can be imposed by a court of law under this code;

• E. In the case of a sign that imposes an immediate danger to the public health or safety, taking such measures of summary abatement as are available to the city under the applicable provisions of the Uniform Building Code or the Community Preservation Ordinance for such circumstances.

All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. (1976 Code § 10-2.409; Ord. 626 § 2)

• A. Abatement or Removal of Unlawful Signs. Abatement and removal may be ordered for any sign, and other advertising structure regulated in this chapter, when the community development department determines the sign to be unsafe, insecure or a menace to the public. In addition, signs constructed, erected or maintained in violation of the provisions and regulations of this chapter, shall be determined to be a public nuisance and shall be subject to abatement and removal as set forth in the Community Preservation Ordinance, Chapter 6.25 MMC.

• B. Any sign, unless otherwise authorized in MMC § 10.10.360 through § 10.10.390, which because of changes in building or site occupancy or use does not comply with the requirements of MMC § 10.10.090, may be maintained for a period no longer than ninety days after which time any such sign shall be determined to be a nuisance and shall be subject to abatement or removal as set forth in the Community Preservation Ordinance, Chapter 6.25 MMC.

(1976 Code § 10-2.410; Ord. 626 § 2)

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City of Millbrae, CA

PLANNING AND ZONING

§ 10.10.210

§ 10.10.220