TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Christopher Burton
SUBJECT: See Below DATE: February 3, 2025
Approved Date:
2/12/2025
CO
UNCIL DISTRICT: Citywide
S
UBJECT: PP24-006 – Amendment to Chapter 23.04, Section 23.04.038 (North San José Signage Area) and Section 23.04.124 (Downtown Sign Zone) of Title 23 of the San José Municipal Code to Modify Permit Provisions for Supergraphic Signs Related to Large Events
RECOMMENDATION
Appr
ove an ordinance amending Section 23.04.038 (North San José Signage Area) and Section 23.04.124 (Downtown Sign Zone) of Chapter 23.04 of Title 23 of the San José Municipal Code to modify permit provisions for Supergraphic Signs related to Large Events to: (a) eliminate existing sunset clause, (b) increase display duration, and (c) alter height and size allowances, and to make other technical, non-substantive, or formatting changes within those sections.
SUMMARY AND OUTCOME
A
pproval of the proposed ordinance will amend Section 23.04.038 (North San José Signage Area) and Section 23.04.124 (Downtown Sign Zone) of Chapter 23.04 of Title 23 (Sign Code) to remove the existing sunset clause, increase display duration, and alter height and size allowances within the Downtown Sign Zone and North San José Signage Area.
BACKGROUND
I
n 2016, the City Council adopted regulations implementing Supergraphic Signs with Ordinance No. 29850. These regulations allowed the installation of temporary, large building-mounted signs to further the City’s objectives for visually vibrant signs that support North San José and Downtown businesses. North San José and Downtown San José are key business centers within San José. Additionally, Downtown San José COUNCIL AGENDA: 2/25/25
FILE: 25-157
ITEM: 10.2
HONORABLE MAYOR AND CITY COUNCIL
February 3, 2025
Subject: PP24-006 – Amendment to Chapter 23.04, Section 23.04.038 (North San José Signage Area) and Section 23.04.124 (Downtown Sign Zone) of Title 23 of the San José Municipal Code to Modify Permit Provisions for Supergraphic Signs Related to Large Events
draws visitors and residents to conventions, large-scale sporting events, and cultural activities, and is therefore most suited for Supergraphic Signs.
Supergraphic Signs are large static signs on a flexible material (generally vinyl-based) attached to a building with adhesive or anchor bolts. Additionally, Supergraphic Signs are limited to on-site or non-commercial advertising, which may include event sponsors where these signs are installed in a designated event zone. An example would be the “Oracle” sign displayed on the building at 488 S. Almaden Ave. during the 2019 College Football Playoff National Championship.
Under the Sign Ordinance, the most flexible allowance for Supergraphic Signs was in conjunction with “Large Events.” A “Large Event” is defined by the Sign Code as either of the following:
(a) A Large Downtown Convention - a convention or other event held in the downtown core area with 700 or more San José hotel rooms booked on a single night by the San José Convention and Visitor’s Bureau or by the convention or event sponsor; or
(b) A Large Downtown Special Event - an outdoor public or private event occurring in downtown and which is declared to be a downtown special event as determined by the City Manager designee authorized to declare such events with a projected attendance of 10,000 people or more and a permit for such event has been issued pursuant to Chapter 13.14 of the San José Municipal Code.
Examples of past large events include the National Football League (NFL) Super Bowl 50 in 2016 and the College Football Playoff National Championships in 2019. The return of the NFL Super Bowl and downtown activities related to the Fédération Internationale de Football Association (FIFA) World Cup in 2026 are expected to meet the definition of a “Large Event.”
In 2020, based on experience with Supergraphic Signs from the NFL Superbowl 50 and the College Football Playoff, staff proposed an amendment to the Sign Code to streamline the permit process for approval of the Supergraphic Signs to an administrative permit process rather than a development permit to reduce permitting duration, associated costs and promote newer signage opportunities. The Supergraphic Sign ordinance was originally adopted with a sunset date of January 1, 2020, after which it no longer had any force or effect. Staff recommended the sunset period be extended three years to January 1, 2023. The City Council approved this ordinance, streamlining and extending Supergraphic Sign allowances on February 25, 2020 (Ordinance No. 30371).
HONORABLE MAYOR AND CITY COUNCIL
February 3, 2025
Subject: PP24-006 – Amendment to Chapter 23.04, Section 23.04.038 (North San José Signage Area) and Section 23.04.124 (Downtown Sign Zone) of Title 23 of the San José Municipal Code to Modify Permit Provisions for Supergraphic Signs Related to Large Events
In anticipation of the upcoming special events in 2026, staff evaluated the effectiveness of the now-invalid Supergraphic Sign ordinance. Staff is proposing to remove the sunset for Supergraphic Signs related to large events and make amendments to the number of signs, size, placement, and duration of such signs.
ANALYSIS
The City Council regularly approves changes to the Sign Code to promote economic development throughout the city by facilitating more on-site signage opportunities for businesses in San José. Prior changes incorporated allowances for Business Center Signs, Shopping Center Signs, Freeway Signs, and large-format Supergraphic Signs.
Major upcoming sports events in 2026 to be held throughout the San Francisco Bay Area, including the FIFA World Cup and the return of the NFL Super Bowl, are anticipated to bring large numbers of visitors to downtown San José and create significant interest among sponsors and business owners to invest in downtown. The City is already preparing to make the downtown area more engaging and accessible to visitors and residents in anticipation of significant economic impact.
Due to the anticipated interest from sponsors and business owners to advertise and display Supergraphic Signs in the Downtown Sign Zone and the North San José Signage Area during future large events, including the upcoming 2026 events, staff recommends that the City Council remove the sunset clause for the Supergraphic Sign ordinance. Staff is not proposing a new sunset date so that allowance for Supergraphic Signs related to events would remain in effect for all future events that meet the “Large Event” definition, unless amended or repealed by City Council in the future.
Prior to the 2023 sunset of the ordinance, Supergraphic Signs related to events were allowed for a limited period of time around a large event. Supergraphic Signs were limited to non-residential buildings of at least 125 feet in height. The signs were prohibited from covering any portion of a door or window less than 75 feet in height. "This requirement effectively established a minimum building height, since Supergraphic Signs large enough for effective messaging were difficult to install without covering windows below 75 feet." No more than one Supergraphic Sign was allowed per building.
In addition to removing the sunset clause, staff is recommending amendments to the number of signs, size, placement, and duration as discussed below.
Duration
Under the previous ordinance, Supergraphic Signs related to events were allowed to be displayed during the duration of the event, as well as 14 days before and up to 14 days
HONORABLE MAYOR AND CITY COUNCIL
February 3, 2025
Subject: PP24-006 – Amendment to Chapter 23.04, Section 23.04.038 (North San José Signage Area) and Section 23.04.124 (Downtown Sign Zone) of Title 23 of the San José Municipal Code to Modify Permit Provisions for Supergraphic Signs Related to Large Events
after the event. As there may be multiple special events per year, the Sign Code also limited any building from displaying Supergraphic Signs for a total of more than 120 calendar days in any year. This limit was included so that these very large signs that are designed and fabricated to be temporary do not become permanent.
For the approximately eight years that the Sign Code allowed Supergraphic Signs, only three Supergraphic Signs were approved. This was despite the great interest staff heard for such signage from many businesses and building owners. Staff received feedback that the short duration for displaying the signs made them infeasible, as they are expensive to design, fabricate, and install. Based on this feedback and discussion with the City Manager’s Office of Economic Development and Cultural Affairs, staff recommends an increased display duration of up to 75 days before and 75 days after an event, with a total maximum of 180 days (6 months) in any calendar year. The Sign Code includes provisions that the signage must be maintained in good condition, free of dirt, rips, and tears. This means that if a Supergraphic Sign suffers from any damage or excessive wear and tear during the extended display duration the City has the authority to order the sign to be repaired or removed.
Building Height
Event-related Supergraphic Signs were allowed on buildings of at least 125 feet in height. The signs could not cover any portion of a door or window less than 75 feet. The proposed change would remove the minimum building height to allow more flexibility on what buildings could display a Supergraphic Sign. As these are large signs that are intended to be viewed from afar, staff is proposing a minimum display height of 40 feet so that they do not visually compete with pedestrian oriented signage intended to be viewed from the street level. This will practically limit Supergraphic Signs to buildings that are at least four stories or more. Staff proposes to retain the prohibition on installing Supergraphic Signs on residential buildings or mixed-use buildings that incorporate residential units.
Number and Placement of Signs
The Sign Code had a limit of no more than one event-related Supergraphic Sign per building, although the sign could be wrapped on the building so that it was visible from up to two building facades. The proposed ordinance would change the allowance to up to two signs per building. This proposed change would potentially allow for a building to display a Supergraphic sign on all four facades of a building if two signs are installed with each sign wrapping around the corner of the building. However, area limitations would remain unchanged that require the total sign area for each sign is not greater than would otherwise be allowed on the larger of the two building facades, and thereby prohibit a building from being completely wrapped in signage.
HONORABLE MAYOR AND CITY COUNCIL
February 3, 2025
Subject: PP24-006 – Amendment to Chapter 23.04, Section 23.04.038 (North San José Signage Area) and Section 23.04.124 (Downtown Sign Zone) of Title 23 of the San José Municipal Code to Modify Permit Provisions for Supergraphic Signs Related to Large Events
Staff also proposes allowing flat Supergraphic installations on building roofs, visible only from the air. This is intended to potentially capture the attention of passengers arriving at and departing from San José Mineta International Airport.
Other Requirements
Staff is proposing to add a provision specifying that Supergraphic Signs shall not obstruct aerial access as required in conformance with California Fire Code section D105, with local amendments. This new language is based upon the San José Fire Department’s recommendation and will ensure that life safety requirements stay front of mind for applicants and staff as they plan for and evaluate these signs.
The streamlined review process for Supergraphic Signs previously approved by City Council in 2020 (Ordinance No. 30371) will remain unchanged. Staff recommends retaining the staff-level Administrative Permit approval process.
The recommendation in this memorandum has no effect on Climate Smart San José energy, water, or mobility goals. It does not propose any changes to service delivery, programs or staffing that has significant community/resource impacts.
EVALUATION AND FOLLOW-UP
If the City Council approves the proposed Sign Code amendments, the new ordinance will be effective 30 days after the second reading.
COORDINATION
This memorandum was coordinated with the City Attorney’s Office, the City Manager’s Office of Economic Development and Cultural Affairs, and the Fire Department.
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the February 25, 2025 City Council meeting.
Staff followed City Council Policy 6-30: Public Outreach Policy, in that notices for the public hearings were posted on the City’s website, published in the San Jose Post- Record, and emailed to a list of interested groups and individuals. Staff has been available to respond to questions from the public.
HONORABLE MAYOR AND CITY COUNCIL
February 3, 2025
Subject: PP24-006 – Amendment to Chapter 23.04, Section 23.04.038 (North San José Signage Area) and Section 23.04.124 (Downtown Sign Zone) of Title 23 of the San José Municipal Code to Modify Permit Provisions for Supergraphic Signs Related to Large Events
COMMISSION RECOMMENDATION AND INPUT
N
o commission recommendation or input is associated with this action.
CEQA
D
etermination of Consistency to the Envision San José 2040 General Plan EIR (Resolution No. 76041), Envision San José General Plan Supplemental EIR (Resolution No. 77617), and Addenda thereto (Attachment).
PUBLIC SUBSIDY REPORTING
T
his item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution. /
s/
Christopher Burton
Director, Planning, Building, and Code Enforcement
F
or questions, please contact Martina Davis, Division Manager, Planning, Building and Code Enforcement, at 408-535-7888.
AT
TACHMENT - Determination of Consistency with the Envision San José 2040 General Plan Final Environmental Impact Report and Supplemental Environmental Impact Report
Attachment