NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 1
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO. ____
AN ORDINANCE OF TH E CITY OF SAN JOSE
AMENDING CHAPTER 23.04 (SIGN CODE) OF TITLE 23
OF THE SAN JOSE MUNICI PAL CODE TO MODIFY
SECTION 23.04.032 (LARGE OUTDOOR STADIUM
SPACES) TO INCREASE TH E MAXIMUM NUMBER OF
SIGNS ALLOWED TO BE ATTACHED TO AN OUTDOOR
STADIUM FROM A TOTAL OF FOUR SIGNS TO SIX
SIGNS
WHEREAS, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that this Ordinance is pursuant to, in furtherance of and within the scope of the previously approved progr am evaluated in the Final Program Environmental Impact Report for the Envi sion San José 2040 General Plan (the “FEIR”), for which findings were adopted by City Council through its Resolution No. 76041 on November 1, 2011 and Supplemental Environmental Impact Report (the “SEIR”), through Resolution No. 77617, adopted by City Council on December 15, 2015, and Addenda thereto, and does not involve new significant effects beyond those analyzed in the FEIR and SEIR; and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council of the City of San Jo sé has reviewed and considered the information contained in the FEIR and related City Council Resolution No. 76041 and the determination of consistency therewith prior to taking any approval actions on this Ordinance;
NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 2
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
Section 23.04.032 of Chapter 23.04 of Title 23 of the San José Municipal Code is amended to read as follows:
23.04.032 Large outdoor stadium spaces
A. Allowable signs. In lieu of all other si gns that may be allowed under this title, except for parking garage signs allowed under Section 23.04.020.F, a large outdoor stadium space may be permitted to have the following signs displaying on-site commercial speech or commercial speech displayed in accordance with a sponsorship marketing plan:
1. Attached signs.
a. Quantity. A large outdoor stadium space may be permitted to have up to four six attached signs with no more than two signs per occupancy frontage.
b. Size.
i. The sign area for each attached sign shall not exceed one and one-half (1.5) square feet for each linear foot of occupancy frontage; and
ii. Any one such attached sign shall not exceed five hundred forty square feet in sign area; and
iii. The aggregate sign area of all such attached signs shall be no greater than seven hundred fifty square feet per occupancy frontage.
NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 3
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
c. Height.
i. No attached sign shall be placed above the finished roofline of the stadium structure.
ii. An attached sign may be displayed over, under or on a permanent projecting canopy that is architecturally integrated with the design of the stadium, and subject to the following criteria:
1. If such attached sign is designed and constructed to be located over a permanent projecting canopy, then such
sign shall not project more than seven feet above the
structure.
2. If such attached sign is designed and constructed to be located under a permanent projecting canopy, such sign
shall be displayed at least seven feet above grade.
3. Not more than one attached sign shall be placed on the same permanent projecting canopy.
d. Setbacks. All attached signs sha ll conform to setback requirements in accordance with Section 23.04.020.D.
e. Other. Attached programmable elec tronic signs are not allowed.
2. Freestanding signs.
a. Quantity. One freestanding sign may be permitted on a parcel for each street frontage of the parcel which measures one hundred linear feet or more in length; provided, however that only two freestanding signs may be permitted per street frontage.
NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 4
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
b. Size.
i. The aggregate sign area of all freestanding signs allowed pursuant to the provisions of this section along one single public right-of-way shall not exceed a total sign area of one and fifteen one-hundredth (1.15) square feet per linear foot of street frontage along that one public right-of-way; and ii. The maximum sign area of any one such freestanding sign shall not exceed one thousand two hundred square feet; and iii. The aggregate sign area of all freestanding signs on a parcel(s) shall not exceed two thousand square feet.
c. Height. The height of a frees tanding sign shall not exceed the maximum allowable height for the zoning district where the sign is located or a maximum height of sixty feet above grade, whichever is less.
d. Sign base.
i. All freestanding signs shall have a base of at least eighteen inches in height. The height to the top of the base shall not be more than twenty feet above grade.
ii. The base shall be architectura lly consistent with the main building of the parcel and the freestanding sign it supports.
The base shall be constructed of durable materials to reduce the likelihood of unsightly signs and blighted conditions. iii. Landscaping shall be in accordance with Section 23.04.030.F. iv. Setback, general. Front, side and rear setbacks shall be in accordance with Section 23.04.030.D.1.
NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 5
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
e. Other. One freestanding sign allow ed in accordance with this section may be permitted to have a programmable electronic sign component, subject to all of the following criteria:
i. The programmable electronic sign component shall constitute no more than seventy-five percent of the sign area of that freestanding sign up to a maximum of nine hundred square feet; and
ii. The freestanding programmabl e electronic sign shall be set back at least one hundred fifty feet from a residentially zoned parcel.
3. Scoreboard sign.
a. Quantity. One scoreboard sign may be permitted for each large outdoor stadium space.
b. Size. The aggregate sign area of a scoreboard sign shall not exceed four thousand three hundred fifty square feet.
c. Height. The height of the scor eboard sign shall not exceed the height limit in the zoning district in which the sign is located, or a maximum of sixty feet in height above grade, whichever is less. d. Setback. The scoreboard sign shall be set back at least one hundred seventy-five feet from the public right-of-way and shall be set back at least five hundred feet from a residentially zoned parcel. e. Other. A scoreboard sign may have a programmable electronic sign component, subject to all of the following criteria:
NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 6
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
i. The programmable electronic sign component may be
permitted only along the back panel of a scoreboard that faces away from the permanent fixed seating arrangement.
ii. The sign area of the progr ammable component shall not exceed seventy-five percent of the scoreboard sign area up to a maximum of three thousand square feet.
4. Banner signs.
a. Quantity.
i. A maximum of twenty banner signs may be permitted per parcel.
ii. A maximum of two such banner signs may be permitted per freestanding pole.
b. Size. The sign area of any such banner shall not exceed thirty square feet.
c. Height. The overall height of the pole, including all supporting structures and banner signs, shall not exceed sixty feet in height above grade.
d. Setback. Banner signs attac hed to freestanding poles may be allowed along the plaza or perimeter of the stadium parcel, and may be located at the parcel line.
5. Flat roof-top sign.
a. Quantity. A maximum of two flat roof-top signs may be permitted on the stadium structure.
NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 7
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
b. Size. Each flat roof-top sign s hall not exceed a maximum of eight thousand two hundred square feet in sign area.
c. Height. The flat roof-top signs sh all be installed flat on the roof with no stations to elevate or tilt the signs in either direction. d. Illumination. A flat roof-top sign may be externally or internally illuminated with continuous lighting between the hours of 6:00 a.m. and 12:00 a.m., but shall not be illuminated by any means after 12:00 a.m. and before 6:00 a.m.
B. Illumination standards.
1. Large outdoor stadium signs may be illuminated only with continuous external or internal lighting, unless otherwise specifically allowed in this section.
2. All large outdoor stadium signs t hat have a programmable electronic sign component shall also conform to the requirements of Section 23.02.905, except that a scoreboard sign with a programmable electronic sign component may be allowed to display animation video between the hours of 6:00 a.m. and 12:00 a.m., but the display must be changed to a static illumination between 12:01 a.m. and 5:59 a.m.
3. All signs located withi n the airport influence area or larger than three hundred square feet shall utilize automatic dimming technology as specified in Section 23.02.905.F.
C. Other provisions - Programmable electronic signs.
1. No more than one sign with a pr ogrammable electronic sign component shall be in use except during events that are open to the general public, NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 8
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
including sports events, and private events with an attendance of one hundred or more persons.
2. Where multiple signs with a progr ammable electronic sign component are visible to motorists, the signs shall be changed at the same refresh rate to limit driver distraction.
D. Other provisions - General.
1. Notwithstanding the provisions of Section 23.02.1300.C, a development permit, or development permit amendment, shall be required for the following types of large outdoor stadium space signs:
a. Programmable electronic signs;
b. Flat roof-top signs; and
c. Any large outdoor stadium sign la rger than three hundred square feet within an airport influence area.
2. Any application for large outdoor st adium sign shall include the following information in addition to any other information that the director may require: evidence of Federal Aviation Administration (FAA) "no hazard" determination where the sign is subject to Title 49 Code of Federal Regulations Part 77; a lighting study to determine appropriate lighting standards for signs within an airport influence area, signs larger than three hundred square feet and programmable electronic signs; and a copy of a draft sponsorship marketing plan agreement for display of commercial speech pursuant to a sponsorship marketing plan.
3. Any permit authorizing a sign locat ed at a large outdoor stadium space shall be subject to the following conditions, in addition to any other conditions which may otherwise be imposed:
NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 9
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
a. All permits. If notice is received by the city, the permittee or property owner that a large outdoor stadium sign is not in compliance with any law or regulation of the United States or the State of California, the sign shall be removed or modified to eliminate the cited noncompliance within thirty days of the date of such notice. b. Permit for signs within airport influence area. Either a ceilograph machine (a mechanism which tracks cloud bases, measures fog and can be tied into the sign dimming system) shall be provided to activate automatic dimming based on cloud cover or fog level, or a contact person shall be available by telephone at all times and able to respond onsite to activate automatic dimming technology as directed by the airport control tower responsible for air traffic control in the airspace above the airport influence area in which the sign is located.
E. Additional provisions - Signage subject to the California Outdoor Advertising Act.
To the extent allowed by law, the following additional requirements shall apply to any signage that may be allowable pursuant to this Section 23.04.032, if such signage is also subject to the permitting requirements of the California Outdoor Advertising Act (the "Act"; Business and Professions Code Section 5200):
1. Such signage shall not advertise products, goods or services related to tobacco, firearms, or sexually explicit material.
2. If such signage is a message center display as defined in the Act, space shall be made available as required by the Act for public service messages.
3. The application for a permit for such signage shall be accompanied by the certification of the California Department of Transportation that the NVF:TLC:JMD
3/15/2022
T-11832.002\ 1905408.doc 10
Council Agenda: 04-05-2022
Item Number: 10.1(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ordinance(s) or proposed ordinance(s) authorizing the proposed signage meet(s) the minimum requirements set forth in the Act.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Ma
yor
ATTEST:
TONI J. TABER, CMC
Cit
y Clerk