Part 9 — PUBLIC RIGHT-OF-WAY SIGNS

A.

This part shall govern standards for signage in public rights-of-way.

B.

Signs in parks and plazas shall only be subject to these regulations if such signs are visible from an abutting street or alley.

(Ord. 24201.)

A.

Unless otherwise expressly allowed in this part, no one may post public right-of-way signs except the city.

B.

The redevelopment agency may post signs in public rights-of-way in the downtown sign zone, but only after the review required by Section 23.04.820.A.

C.

Nothing in this part shall prohibit the painting or applying of street address numbers on curbs otherwise expressly allowed in this Code.

(Ord. 24201.)

A.

Unless otherwise expressly provided in this title, all public right-of-way signs shall be reviewed in advance by the director. To the extent applicable, encroachment permits may be required.

B.

All traffic control devices in the public right-of-way shall be approved in advance by the director.

C.

All signs in public streets or public alleyways must comply with state traffic guidelines.

D.

Public right-of-way signs which create traffic or pedestrian safety hazards are prohibited.

E.

Unless expressly allowed in this part, public right-of-way signs may be illuminated only with continuous external or internal lighting.

F.

Permanent architectural elements installed by the city or the redevelopment agency in the public right-of- way, such as, but not limited to, architectural gateways, monument gateway signs or other street furniture, shall not be subject to these regulations.

G.

Temporary signs posted at events for which a city permit has been issued for the exclusive use of a specified location in the public right-of-way shall not be subject to these regulations, to the extent posted during the event and within the approved boundaries of the event.

(Ords. 24201, 24757.)

A.

Safety or directional signs. Safety or directional signs may be posted by public entities or public utilities as necessary for public safety or welfare. Such signs may be animated.

B.

Automobile parking lot signs.

Operators of automobile parking lots may apply to the director of the department of planning and building for a permit to place up to two safety or directional signs in the public right-of-way per lot entrance. The director may authorize such signs, and additional safety or directional signs, if the director determines they are necessary for direction of vehicular traffic.

Each such sign:

a.

Shall not exceed nine square feet in sign area for each sign face.

b.

Shall be clearly legible to parking lot vehicular traffic; letters shall be at least four inches in height.

c.

Shall be located so as not to block or interfere with pedestrian or vehicular traffic, or parking or loading areas. A minimum width of unobstructed sidewalk clearance of four feet must be maintained for pedestrian traffic.

d.

Shall be located only in the public right-of-way abutting the automobile parking lot.

C.

Public information signs. Public information signs may be displayed in the public right-of-way by the city or redevelopment agency subject to the following:

Freestanding public information signs.

a.

Freestanding public information signs:

i.

Shall not exceed sixteen feet in maximum height of sign face.

ii.

Shall not exceed thirty-two square feet in sign area for each sign face.

b.

Freestanding public information signs shall not be located within twenty-five feet of another freestanding public information sign. However, multiple freestanding public information signs may be located on the same supporting structure.

Banner public information signs.

a.

Banner public information signs shall be either cable-hung banners or vertical banners.

b.

Banner public information signs shall not be located within forty feet of another banner public information sign; however, multiple banner public information signs may be located on the same supporting structure.

c.

No vertical banner public information sign shall exceed twenty-eight square feet in size.

d.

No cable-hung banner public information sign shall be less than sixteen feet in height at mid-span or at its lowest point.

e.

All cable-hung and vertical banner public information signs shall be attached to supporting structures capable of withstanding sixty miles per hour continuous wind loads without deflections or rotations that would cause deformation, failure or other damage to such structures.

D.

Parks. In addition to signs allowed by subsection C. above, public parks also shall be allowed the following signs:

Flat-mounted public information signs that do not exceed thirty-two square feet in sign area.

Portable public information signs that do not exceed thirty-six square feet in sign area for each sign face.

Educational displays shall not be subject to these regulations.

E.

Kiosks. Public information signs also may be displayed by the city or redevelopment agency on kiosks or kiosk-like structures located in the public right-of-way, subject to the following regulations:

Sign area on kiosks shall not exceed thirty-six square feet per kiosk face and shall not be located more than seven feet in height above grade.

Signage may be animated and/or may be illuminated with continuous external or internal lighting.

Signs shall not be displayed on kiosks located within forty feet of another kiosk upon which signs are displayed.

A minimum width of unobstructed sidewalk clearance of four feet shall be maintained for pedestrian traffic.

F.

Flags. Flags may be displayed in the public right-of-way by the city or redevelopment agency subject to the following regulations:

Flags, other than U.S. flags, shall be displayed on flagpoles or attached securely to lampposts.

U.S. flags shall be displayed in accordance with all applicable federal laws and regulations.

Location of flags shall not create visual clutter or visual blight in combination with other permanent signage within a thirty-foot radius of such flags.

More than one flag may be displayed on a flagpole.

G.

Construction signs.

Temporary construction signs may be posted in connection with construction projects in the public right-of- way.

Such signs may be displayed up to sixty days prior to the commencement of construction and during construction and shall be removed within thirty days after completion of construction.

Such signs shall not be illuminated unless required for public safety and shall be limited in size and number to those required for public safety and information.

H.

Temporary A-frame signs in residential zoning districts.

Temporary portable A-frame signs may be displayed in public rights-of-way in residential zoning districts as provided in Section 23.04.340 of this Code.

Such temporary A-frame signs shall not require review and advance approval.

I.

Temporary A-frame signs. In the downtown sign zone and in the Willow Glen and Alameda neighborhood business districts, as defined by the San José 2020 general plan as amended from time to time, adjacent property owners may allow temporary portable A-frame signs in public rights-of-way, subject to the following conditions and all other applicable provisions of this Code:

One temporary A-frame sign may be allowed per each separate nonresidential occupancy frontage having an entryway on the public right-of-way.

Each such sign:

a.

Shall not exceed eight square feet in sign area per side.

b.

Shall have a minimum height of three feet and a maximum height of any part of the sign of four feet, subject to the provisions of Section 23.02.1160 of this Code.

c.

Shall have a maximum width of any part of the sign of two feet.

d.

Shall be displayed only during the daylight business hours of the adjacent occupancy frontage.

e.

Shall not be illuminated.

f.

Shall be constructed of durable materials that are weather- and rust-resistant and shall have a neat and professional appearance.

g.

Shall be located as follows:

i.

Subject to all other requirements of this Code, a temporary A-frame sign shall be located only in that area between eighteen inches and four feet from the curb face, except that on any sidewalk area where light rail transit mall tracks are located, a temporary A-frame sign shall be located only in that area between four feet six inches and seven feet from the light rail track nearest the buildings.

ii.

No temporary A-frame sign shall be located:

Within fifteen feet of any bus stop zone or light rail stop zone, or within fifteen feet, of any bus stop furniture or light rail stop furniture, whichever distance is greater;

Between light rail tracks and curb;

Within two feet of any driveway or curb cut access ramp;

Adjacent to or within four feet of any disabled parking zone;

Attached in any manner to any other structure on the sidewalk, such as, but not limited to, trees, lampposts, utility poles, street or traffic signs, benches, hydrants, utility cabinets, and/or mailboxes;

On streets where light rail transit mall is located, within three feet of any other structure on the sidewalk, such as, but not limited to, trees, lampposts, utility poles, street or traffic signs, benches, hydrants, utility cabinets, and/or mailboxes; or

On any median strip.

iii.

In the case of a temporary A-frame sign on a sidewalk that is adjacent to a street parking space (other than a disabled parking zone), the sign may be located only in that area on the sidewalk that is within five feet of the beginning or end of the parking space, as indicated by the lines on the street that mark the parking space.

iv.

Sign shall not obstruct the normal flow of pedestrian traffic.

v.

Anything in this subsection I. to the contrary notwithstanding, if the sidewalk adjacent to the occupancy frontage is not wide enough to display the temporary A-frame sign and there is a parkstrip, such sign may be displayed on the parkstrip, subject to all other conditions in this subsection I.

Temporary A-frame signs which conform to this subsection I. shall not require advance review and approval.

J.

Temporary directional signs in parkstrips by permit.

A transitory use may apply to the director of the department of planning and building for a permit to place temporary directional signs in parkstrips.

For purposes of this subsection J., a "transitory use" shall mean a use that is not a permanent or regular use at a location and is distinct and different from the continuing use at the location.

Each sign permit:

a.

May be for up to fifty signs directing traffic to the transitory use.

b.

May be issued either (1) in conjunction with a development permit issued pursuant to Chapter 20.100, or (2) as a separate sign permit issued pursuant to Section 23.02.1330 for one year and renewable upon application for renewal within thirty days prior to expiration and payment of a new permit fee.

c.

Shall require insurance naming the city as an additional insured, in coverage amounts and types as required by the city risk manager.

d.

Shall require indemnification of the city by the permittee.

e.

Shall provide that any sign may be removed by city if necessary for maintenance activities or safety considerations.

f.

Shall provide (1) that any sign may be placed on a parkstrip only with the consent of the property owner and/or occupant of the parcel adjacent to the parkstrip where the sign is placed, and (2) that the property owner and/or occupant of the parcel adjacent to the parkstrip where the sign is placed may remove such sign.

g.

Shall be revocable by the city upon ninety days notice, or at any time for safety considerations.

Each sign:

a.

Shall consist of a sign area no larger than four square feet per side.

b.

Shall be constructed of flexible and weatherproof plastic or reinforced paper material that is firmly affixed to a plastic or wooden stake. The top end of the stake shall be flat or rounded and shall not be pointed.

Signs may be displayed in the period from 5:00 p.m. on Friday to 8:00 a.m. on Monday, and on holidays from 5:00 p.m. on the day prior to the holiday to 8:00 a.m. on the day following the holiday. Stakes must be removed when signs are removed.

Signs shall be securely positioned and shall be either:

a.

Staked into the ground; or

b.

Attached to poles or posts by means of at least two plastic strips that are a minimum of one-quarter inch wide (commonly known as "cable ties"), provided however that no sign may be attached to any traffic signal light post or to any pole or post displaying a traffic sign.

Signs shall not be located:

a.

Within one hundred feet, on the same public right-of-way and facing in the same direction, of another sign directing traffic to the same transitory use, except that two signs may be located on the same public right- of-way and facing in the same direction within fifty feet of an intersection if the signs are directing traffic to turn at the intersection.

b.

Within eighteen inches of curb along any curb where parking is allowed.

c.

In any bus stop zone.

d.

So that any part of sign extends into any bus stop zone or sidewalk area.

e.

Within two feet of a driveway or curbcut access ramp.

f.

On medians.

g.

Along state or county rights-of-way without state or county approval.

h.

In the downtown sign zone or airport sign zone.

i.

Attached in any manner to any other structure on the parkstrip, such as, but not limited to, trees, lampposts, utility poles, utility cabinets, street or traffic signs, benches, hydrants, and mailboxes, except as expressly allowed in subsection 5. above.

Other regulations:

a.

Maximum height of any part of sign while displayed shall be four feet.

b.

Signs may contain only messages directing vehicular or pedestrian traffic to the transitory use.

c.

Signs shall not be illuminated.

(Ords. 24201, 24757, 25997.)

A.

Signage may be displayed on bus shelters installed at bus stops by the Santa Clara county transit district, as follows:

Signage as necessary to convey transit information; and

Other signage of up to forty-eight square feet in sign area per bus shelter.

B.

Such signage:

May be displayed only in accordance with terms and conditions set forth in a contractual agreement between the city and the transit district; and

Shall not otherwise be subject to this title.

(Ord. 24973.)

A.

Each of the following persons is presumed to be responsible for the posting of an illegal sign, including without limitation an election sign, on public property:

Any person whose name appears on the sign; and

Any person retained to post or distribute such signs.

B.

More than one person may be deemed responsible for the placement of the same sign.

(Ord. 24835.)

A.

All persons responsible for an illegal sign posted on public property, as well as any person who actually posted the sign, shall be jointly and severally liable for the costs of the city for the removal of such sign from public property, plus late payment penalties and interest, as set forth in the schedule of fees adopted by resolution of the city council. Such charges shall be in addition to all other legal remedies, criminal, civil, and administrative, which may be pursued by the city to address any violation of this Code.

B.

A bill of charges shall be served upon a responsible party by the director of the city department which removed the sign in accordance with Sections 1.04.140 of this Code within thirty days after the removal of the sign(s) from the public property.

C.

Payment shall be due as provided in the bill of charges.

D.

The total amount of the bill of charges, plus late payment penalties and interest, if any, shall be deemed to be a civil debt to the city and the city may take such action to recover such charges as the city is authorized to do by law for the recovery of a civil debt.

(Ord. 24835.)

A.

The bill of charges shall include a notice of the right of the person being charged to request a hearing before the appeals hearing board to dispute the imposition of the charges.

B.

Any request for a hearing to dispute the imposition of charges must be in writing and received by the secretary of the appeals hearing board within ten days of the date of service of the bill of charges and shall include a statement of the reasons and grounds upon which the dispute is based.

C.

The hearing shall be conducted in conformance with Part 29 of Chapter 2.08 of Title 2 and the rules and regulations of the appeals hearing board.

D.

The decision of the appeals hearing board shall be final.

(Ord. 24835.)