San Jose Municipal Code Part 1 Co, Cp, Cn, Cg, Pqp, Cic, Tec, Ip, Li, and Hi Commercial and Industrial Zoning…

A. In addition to the provisions set forth in Chapter 23.02, this part shall govern standards for signage for all nonresidential uses in the CO, CP, CN, CG, and PQP commercial zoning districts; the CIC, TEC, IP, LI, and HI industrial zoning districts; the neighborhood business districts; the Capitol Expressway Auto Mall signage area; the Stevens Creek Boulevard signage area; the Oakridge/Blossom Hill Urban Village signage area; and the North San José signage area.

B. Signage for residential uses shall be governed by Part 4 of this chapter, subject to the provisions of Section 23.02.1000 regarding mixed uses.

C. Standards for temporary signs shall be governed by Parts 7 and 8 of this chapter.

D. Legal nonconforming signs located within the Capitol Expressway Auto Mall signage area shall be governed by Section 23.02.1220 of Part 3 of Chapter 23.02 of this title.

E. For purposes of this title, "neighborhood business district" shall mean any area so designated in the city general plan.

F. For purposes of this title, "Capitol Expressway Auto Mall signage area" shall mean that certain area encompassing those real property parcels adjacent to and fronting along Capitol Expressway within the city between Almaden Expressway and the private parcel boundary immediately adjacent to and to the west of State Highway 87 on the south side of Capitol Expressway and between the Guadalupe River and approximately one thousand three hundred feet east of the centerline of Pearl Avenue on the north side of Capitol Expressway.

G. For purposes of this title, "Stevens Creek Boulevard signage area" shall mean that certain area encompassing those real property parcels adjacent to and fronting along Stevens Creek Boulevard within the city between Winchester Boulevard and the City of San José limit line located approximate eight hundred fifty feet east of State Route 280 and those real properties located entirely within the area bounded by Stevens Creek Boulevard, Kiely Avenue and Saratoga Avenue.

H. For purposes of this title, "Oakridge/Blossom Hill Urban Village signage area" shall mean that certain area encompassing those real property parcels adjacent to and fronting along Blossom Hill Road and immediately adjacent parcels that are part of a contiguous shopping center functioning as a single unit fronting on Blossom Hill Road within the city and located within an urban village boundary area as indicated on the city general plan land use/transportation diagram and between Blossom River Drive and Thornwood Drive/Briar Ridge Drive.

I. For purposes of this title, "North San José signage area" shall mean that certain area addressed in the North San José area development policy as defined in the city's general plan.

J. For purposes of this chapter, where more than one parcel is subject to a single development permit issued pursuant to Chapter 20.100 of Title 20 of this Code, the term "parcel" as used in this chapter shall mean the entire site that is covered by that single development permit.

(Ords. 24201, 26942, 27375, 28569, 29013, 29223, 29558.)

A. Quantity.

1. No more than one attached sign shall be permitted for each separate ground-level occupancy frontage, except that:

a. Any ground-level occupancy with more than one occupancy frontage may have one attached sign on each occupancy frontage, not to exceed four frontages.

b. Any ground-level occupancy exceeding twenty thousand square feet but not exceeding fifty thousand square feet may have up to three attached signs on one of its occupancy frontages; any ground-level occupancy exceeding fifty thousand square feet may have up to five attached signs on one of its occupancy frontages.

c. Any building with a building footprint greater than one hundred thousand square feet which has interior tenant spaces with no occupancy frontages may have up to five additional signs in addition to those set forth in Subsections a. and b. above.

d. A building with a building footprint of at least three hundred thousand square feet which has interior tenant spaces with no occupancy frontages and which is located in a shopping center site with a total building floor area of at least five hundred thousand square feet and that is not within a special sign zone as set forth in Section 23.02.860, may have up to eight additional signs in addition to those set forth in Subsections a. and b. above.

e. Parcels located entirely within the Capitol Expressway Auto Mall Signage Area may have an unlimited number of attached signs; provided, however, that the attached signs shall otherwise meet all of the other size, height and setback requirements of this section, including, without limitation, that the aggregate sign area of all attached signs shall not exceed the size limitations set forth in this section.

f. A large assembly space may have up to two programmable electronic signs and those signs may be placed on the same occupancy frontage as set forth in Subsection E. below.

g. Any building with a single tenant ground level occupancy in a building footprint of at least one hundred thousand square feet which is located in a shopping center site that is at least twenty-five acres in size, has a general plan land use designation of regional commercial and is not situated within a special sign zone may have up to sixteen attached signs in addition to those allowed under Subsection a. above. Where attached signs are allowed under this Subsection g., all attached signs, including attached signs allowed under Subsection a. above shall be subject to the following regulations:

i. The number of attached signs shall not exceed seven attached signs per occupancy frontage for up to three occupancy frontages.

ii. The number of attached signs shall not exceed a total of nineteen attached signs on the total of the three occupancy frontages listed in Subsection 23.04.020.A.1.g.i. above.

iii. Additional signs shall only be under this Subsection g. in lieu of the attached signs allowed under Subsections b. through d. above.

2. One attached sign shall be allowed for each second-story occupancy frontage with direct exterior access to the ground from the second story.

3. Each second-story retail tenant space with at least sixty-five thousand square feet of contiguous retail space within a building having a building footprint of at least three hundred thousand square feet and interior tenant spaces with no occupancy frontages, which building is located in a shopping center site with a total building floor area of at least five hundred thousand square feet and that is not within a special sign zone as set forth in Section 23.02.860, shall be allowed to have up to one attached sign per occupancy frontage not to exceed two occupancy frontages.

4. A maximum of four canopy signs shall be allowed on a service station canopy with a maximum of two canopy signs allowed on any side of the service station canopy.

B. Size.

1. The aggregate sign area of all attached signs on a ground-level occupancy frontage shall not exceed one square foot for each linear foot of such occupancy frontage, except that:

a. For an individual retail tenant with a minimum of twenty thousand square feet of contiguous, occupied retail space with at least ten thousand square feet of ground-level occupancy frontage, the aggregate allowed sign area may be calculated based upon a combination of the area allowed for the ground-level occupancy frontage plus the second floor occupancy frontage, all to a maximum of three hundred square feet per occupancy frontage.

b. The aggregate sign area of the additional attached signs allowed pursuant to Subsection 23.04.020.A.1.c. shall be no greater than two hundred square feet per building and no single such sign shall exceed eighty square feet in sign area.

c. The aggregate sign area of the additional attached sign allowed pursuant to Subsection 23.04.020.A.1.d. shall be no greater than three hundred twenty square feet per building and no single such sign shall exceed eighty square feet in sign area.

d. Where signs are allowed pursuant to Subsection 23.04.020.A.1.g, the following size limits shall apply to all attached signs, including attached signs allowed under Subsection 23.04.020.A.1.a. above:

i. The aggregate sign area of all attached signs shall not exceed one and three-quarters square feet for each one linear foot of occupancy frontage; and

ii. The maximum sign area of all attached signs on an occupancy frontage shall not exceed one thousand square feet; and

iii. The maximum sign area of any one attached sign shall not exceed three hundred eighty square feet; and

iv. Size limitations shall apply to all attached signs, including pre-existing attached signs.

2. Second- or third-story attached sign(s) shall be limited to one-half the first-floor sign area allowances, except:

a. For an individual retail tenant with a minimum of twenty thousand square feet of contiguous, occupied retail space with at least ten thousand square feet of ground-level occupancy frontage, the second- or third-story attached sign(s) shall be limited to one square foot for each linear foot of occupancy frontage on the second floor.

b. For a second-story retail tenant space as described in Subsection 23.04.020.A.3. above, the sign area of such sign shall not exceed one square foot for each two linear feet of occupancy frontage on the second floor. The maximum sign area of any one such sign shall not exceed one hundred twenty square feet. The maximum sign area of all such signs combined shall not exceed two hundred square feet.

3. The sum of the sign area of the attached signs on any building frontage shall not exceed one square foot for each linear foot of building frontage, except as allowed in Subsections 23.04.020.B.1. and 23.04.020.B.2.b. above.

4. On a service station canopy, signage shall not exceed the following square footages:

a. One of the canopy signs shall have an aggregate sign area that does not exceed one square foot for each linear foot of the length of the side of the canopy on which the sign is placed, and the length of that canopy sign shall not exceed a maximum of forty percent of the length of that canopy side. The larger canopy sign shall be one contiguous sign.

b. The remaining canopy signs shall not exceed the following square footages:

i. For signs approved prior to November 9, 2012, the maximum square footage allowed for each remaining canopy sign shall be six and one-half square feet per sign; and

ii. For signs approved on or after November 9, 2012, the maximum square footage allowed for each remaining canopy sign shall be four square feet per sign.

5. The signage allowed for lightbox signs at service stations shall be limited to twenty percent of the surface area of the lightbox up to a maximum of eight square feet.

6. All signage at service stations shall conform to Section 23.02.1110.

C. Height.

1. Subject to the provisions of Subsection C.2. and Subsections C.4. through C.7. hereinbelow, no attached sign shall be displayed higher than the finished floor elevation of the fourth floor of a building.

2. For buildings less than eighty feet in height, no attached sign shall be displayed higher than the finished floor elevation of the building's third floor when that building has a skyline sign pursuant to other provisions of this part.

3. In neighborhood business districts for buildings constructed prior to May 1, 1992, upward extensions of building facades that are sloped from the vertical plane at an angle no greater than sixty degrees shall be treated as extensions of the wall of the building and not as roofs for purposes of signage regulation. A sign placed on such an upward extension may not extend in height to within six inches of the highest point of the upward extension. Only permanent signs may be placed on such upward extensions.

4. An attached programmable electronic sign shall not be displayed higher than thirty feet from grade for small assembly spaces.

5. An attached programmable electronic sign shall not be more than fifty feet above grade for large assembly spaces.

6. A service station canopy sign shall not exceed two and one-half feet in height.

7. For buildings located in an employment growth area as designated in the general plan's planned growth areas diagram, attached signs (except for permitted skyline signs) shall be displayed no higher than the finished floor elevation of the building's ninth floor when such building and the attached sign meets all of the following criteria:

a. The building has a total building floor area of one hundred thousand square feet or greater; and

b. The building is one hundred feet or greater in height above grade; and

c. The highest point of the attached sign shall be at least thirty feet lower in height than the lowest point of any skyline or roof sign permitted pursuant to other provisions of this part.

D. Setbacks.

1. Signs facing an abutting residential parcel shall be at least thirty feet from the property line of such residential parcel, unless it includes a programmable electronic sign, in which case the sign shall be at least one hundred fifty feet from the property line of such residential parcel.

2. Signs facing an abutting nonresidential parcel shall be at least ten feet from the property line of such nonresidential parcel, unless the abutting nonresidential parcel contains a parking lot or driveway at its nearest point to the sign, in which case, no setback is required.

E. Programmable electronic sign.

1. The attached sign allowed for a small assembly in accordance with Section 23.04.020.A. above may have a programmable electronic sign not to exceed seventy-five percent of the allowable sign area. No more than one sign (attached or detached) shall be a programmable electronic sign.

2. The attached sign allowed for a large assembly space in accordance with Section 23.04.020.A. above may have a programmable electronic sign not to exceed seventy-five percent of the allowable sign area.

3. Safety or directional signs for public parking garages.

a. A safety or directional sign that is an attached sign with a programmable electronic sign component is allowed subject to and so long as the sign fully meets the criteria set forth below in this Subsection 23.04.020.E., and such sign shall not reduce otherwise allowable signage for a public parking garage:

i. The programmable electronic sign component of the sign shall be integrated with the allowed attached sign; and

ii. The programmable electronic sign component of the sign shall not be greater than ten square feet in sign area.

b. A safety or directional sign that is a free-standing sign with a programmable electronic sign component is allowed subject to and so long as the sign fully meets the criteria set forth below in this Subsection 23.04.020.E., and such sign shall not reduce otherwise allowable signage for a public parking garage or for the parcel, as parcel is defined in Section 23.04.010, on which such sign is located:

i. A maximum of three such signs are allowed per parcel, as parcel is defined in Section 23.04.010; and

ii. Each such sign shall be no more than ten square feet in sign area.

4. Operation of a programmable electronic sign shall conform to the provisions of Section 23.02.905.

F. Additional allowed signage.

1. The following additional signs shall be allowed and shall not reduce the types and quantity of signage that are otherwise allowed under this title.

a. Fin signs.

i. Fin signs shall be allowed that:

1. Do not exceed twenty square feet in sign area per side;

2. Project no more than four feet from the wall to which a fin sign is attached;

3. Are located at least seven feet but not more than twenty feet above grade; and

4. Are not illuminated or are illuminated by external or neon tube lighting.

ii. Each ground-level occupancy frontage may have one such fin sign.

iii. Exception.

1. In neighborhood business districts, fin signs may project more than three feet from the wall to which they are attached.

b. Awning signs.

i. A maximum of two awning signs of no greater than ten square feet in sign area may be placed upon each discrete surface of an awning.

ii. Awning signs shall be located at least seven feet but not more than twelve feet above grade.

iii. Awning signs shall not be illuminated.

iv. Awning signs shall maintain a minimum three-inch clearance from the edge of the discrete surface of the awning on which the sign is placed.

c. Window signs.

i. Window signs consistent with Section 23.02.1060 of this title are allowed.

ii. Window signs shall not be allowed above the first floor, except as follows:

1. Window signs may be displayed by second-story occupancy frontages with no separate ground-level frontage.

2. In neighborhood business districts, window signs may be displayed on first- and second-story occupancy frontages.

d. Arcade signs.

i. Arcade signs shall be allowed [provided] that:

1. Do not exceed ten square feet in area per side; and

2. Are located at least seven feet above grade.

ii. Each ground-level occupancy frontage may display one such sign.

e. Vertical projecting signs are allowed when all of the following criteria are met.

i. The sign does not exceed twenty square feet in sign area; and

ii. The building to which the sign is attached is at least fifty feet in height; and

iii. The sign shall be located at least fifteen feet above grade; and

iv. The sign shall project no more than six feet from the building surface to which the sign is attached; and

v. The sign may project above the cornice or parapet of a building to which it is attached for a distance no greater than ten feet; and

vi. Each building occupancy frontage may display no more than one such sign.

f. Public parking garage signs.

i. Notwithstanding any other provisions of this title, one public parking garage sign per street frontage shall be allowed on any building containing a garage with two hundred or more parking spaces that are open and available for parking to the general public.

ii. Such a public parking garage sign shall meet all of the following criteria:

1. Shall be flat-mounted and limited to a maximum of one hundred square feet in sign area; and

2. Shall be located at least thirty feet but no higher than seventy feet above grade and shall not project above the cornice or parapet of the building.

g. Entryway signs.

i. Entryway signs are allowed on a building that has a building footprint of at least three hundred thousand square feet, and has interior tenant spaces with no occupancy frontages, and is located within a shopping center site that has a total building floor area of five hundred thousand square feet and that is not located within a special sign zone as set forth in Section 23.02.860. There are two types of entryway signs - primary entryway signs and secondary entryway signs.

ii. Primary entryway sign. A primary entryway sign is a sign located above a primary publicly-used entrance to the building and subject to the criteria below:

1. A building shall have no more than two primary entryway signs.

2. Each primary entryway sign shall be located above a public entryway and shall be no more than twenty feet in height above grade.

3. Each primary entryway sign shall not exceed five square feet for each linear foot of public entryway width, to a maximum square footage of one hundred eighty square feet.

4. A public entryway shall have no more than one entryway sign located above it.

iii. Secondary entryway sign. A secondary entryway sign is a sign located above a primary or secondary publicly-used entrance to the building and subject to the criteria below:

1. One secondary entryway sign is allowed over each public entryway, except that a secondary entryway sign shall not be placed above a public entryway with a primary entryway sign; and

2. Each secondary entryway sign shall not exceed three square feet for each linear foot of public entryway width, to a maximum square footage of eighty square feet.

3. Each secondary entryway sign shall be located above a public entryway and shall be no more than twenty feet in height above grade.

4. A public entryway shall have no more than one entryway sign located above it.

h. Shopping center corner signs. Shopping center corner signs are allowed on corner buildings subject to all of the following criteria.

i. Notwithstanding the provisions of Subsection 23.02.1300.C., a shopping center corner sign shall require approval of a development permit.

ii. A maximum of two shopping center corner signs are allowed on a corner building, with no more than one shopping center corner sign on a single building facade.

iii. The sign area for each shopping center corner sign shall not exceed one and one-half square feet for each linear foot of occupancy frontage and shall not exceed two hundred square feet per sign. For purposes of determining the sign area only that portion of the occupancy frontage located within two hundred fifty feet of the intersection of two public streets as specified in Section 23.02.125 shall be included in calculating the size of the occupancy frontage.

iv. The top of each shopping center corner sign shall be located no higher than twice the height of the corner building, up to a maximum height of fifty feet above grade, and further shall not project above the top of the cornice of the corner building if the sign is on a cornice, above the top of the parapet of the corner building if the sign is on a parapet, or more than twenty feet in height from the top of the roof plane of the corner building if the sign is not on a cornice or parapet. For a corner building with a sloped roof, the "top of the roof plane" as used herein means the midpoint of the slope of a pitched, gable or hip roof.

v. Each shopping center corner sign shall be integrated with the architecture of the corner building on which it is located to form a cohesive design and shall not have visible support structures such as poles that project the shopping center corner sign from the roof or walls of the building.

vi. The shopping center corner sign shall not be a programmable electronic sign.

vii. There shall not be both a skyline sign and a shopping center corner sign on the same corner building.

G. Marquees.

1. The maximum sign area of marquees and the maximum amount of other signage on an occupancy frontage with a marquee shall be subject to design approval and shall not be subject to other size and quantity restrictions in this part.

2. Exception. Marquees shall not be allowed in the CO commercial district or in the IP, LI, and HI industrial districts.

H. Skyline signs; roof signs.

1. General provisions and applicability.

a. Non-residential buildings may have skyline signs on buildings less than eighty feet in height, and skyline or roof signs on buildings eighty feet or greater in height citywide.

b. Unless otherwise specified in Section 23.01.020.H.b., the skyline sign area for non-residential buildings less than eighty feet in height shall not exceed five hundred square feet total per building and any one such skyline sign shall not be larger than half of the ground floor sign allowance up to two hundred fifty square feet.

c. Unless otherwise specified in Section 23.01.020.H.b., the skyline sign or roof sign area for non-residential buildings greater than eighty feet in height shall not exceed five hundred square feet total per building and any one such skyline sign or roof sign shall not be larger than two hundred fifty square feet.

d. Non-garage uses on the top floor of parking garages may have skyline signs.

e. Illuminated skyline or roof signs located on buildings within one thousand feet of a river or creek shall not directly face that river or creek.

f. Each skyline sign or roof sign shall be designed as an integral part of the building design and placed on a permanent architectural element which has been designed to accommodate it.

g. Skyline signs and roof signs may be illuminated with external lighting; halolighting; and internal lighting if only the letters or symbols are illuminated. Such signs shall be illuminated only with continuous lighting except that gradual color changes shall be allowed if there is no perception of flashing lights created.

h. Skyline signs and roof signs on buildings eighty feet or greater in height above grade shall not reduce otherwise allowable signage for the building.

2. Dimensions.

a. In the area bounded by State Highway 87, US 101 and Interstate 880:

i. The total amount of square footage of sign area for all skyline signs or roof signs on buildings eighty feet or greater in height above grade shall not exceed five hundred square feet per building and any one such skyline sign or roof sign shall not be larger than two hundred fifty square feet.

ii. The total amount of square footage of sign area for skyline signs for non-garage uses on the top floor of parking garages shall not exceed five hundred square feet per building and any one such skyline sign shall not be larger than two hundred fifty square feet.

b. In the area of the city north of US 101 and west of Interstate Highway 880:

i. The total amount of square footage of sign area for all skyline signs on buildings less than eighty feet in height shall be limited in size to an area equal to one-half of the first floor sign area allowances, except that the total amount of square footage of sign area for all skyline signs on buildings:

1. Of less than eighty feet in height above grade, and

2. With a building frontage on a public street of less than one hundred fifty linear feet,

shall not exceed one square foot for each linear foot of occupancy frontage, notwithstanding the provisions of Sections 23.040.020.B. and 23.04.020.H.1.h.

ii. The total amount of square footage of sign area for all skyline signs or roof signs on buildings eighty feet or greater in height above grade shall not exceed five hundred square feet per building and any one such skyline sign or roof sign shall not be larger than two hundred fifty square feet.

iii. The total amount of square footage of sign area for skyline signs for non-garage uses on the top floor of parking garages shall not exceed five hundred square feet per building and any one such skyline sign shall not be larger than two hundred fifty square feet.

c. In the area located in the Edenvale Industrial Redevelopment Area:

i. The total amount of square footage of sign area for all skyline signs on buildings less than eighty feet shall be limited in size to an area equal to one-half of the first floor sign area allowances.

ii. The total amount of square footage of sign area for all skyline signs or roof signs on buildings eighty feet or greater in height above grade shall not exceed five hundred square feet per building and any one such skyline sign or roof sign shall not be larger than two hundred fifty square feet.

iii. The total amount of square footage of sign area for skyline signs for non-garage uses on the top floor of parking garages shall not exceed five hundred square feet per building and any one such skyline sign shall not be larger than two hundred fifty square feet.

3. Quantity. A total of either two skyline signs or two roof signs are allowed per building; provided, however, that in the Edenvale Industrial Redevelopment Area a combination of skyline and roof signs are allowed not to exceed two signs in the aggregate per building.

4. There shall not be both a skyline sign and a roof sign on the same building or on connected buildings, subject to the provisions of Subsection 23.04.020.H.3. above.

(Ords. 24201, 25458, 26014, 26187, 26597, 26709, 26762, 26942, 27018, 27034, 27375, 27910, 28022, 29013, 29097, 29153, 29223, 29246, 29324, 29380, 29843.)

A. Quantity.

1. One freestanding sign shall be allowed on a parcel for each street frontage of the parcel which measures one hundred linear feet or more in length.

2. Exceptions.

a. Capitol Expressway auto mall signage area. Parcels located entirely within the Capitol Expressway auto mall signage area may have one freestanding sign per parcel, plus one additional freestanding sign for each automobile manufacturer sold on that parcel up to a maximum of two such additional freestanding signs, such that the total number of freestanding signs allowed on the parcel shall not exceed a total maximum of three freestanding signs.

b. Stevens Creek Boulevard signage area. In addition to the signs allowed in Section 23.04.030A.1., parcels located entirely within the Stevens Creek Boulevard signage area may have:

i. One additional freestanding sign for each one hundred linear feet of outdoor retail display frontage of that parcel up to a maximum of two additional freestanding signs, provided that the total number of freestanding signs allowed on any parcel shall not exceed a total maximum of three freestanding signs.

c. Stevens Creek Boulevard signage area. Only until March 16, 2015, parcels fronting onto the portion of Stevens Creek Boulevard between Henry Avenue and Richfield Drive (excluding parcels with Kiely Boulevard or Saratoga Avenue frontages), that either have a minimum of three hundred linear feet of street frontage along Stevens Creek Boulevard or are at least five acres in size, may have one freestanding programmable electronic sign that fully conforms to the following conditions and criteria at all times as part of a temporary pilot program to evaluate the safety and land use impacts of such signs:

i. The programmable electronic sign is a part of an otherwise permitted freestanding sign and constitutes no more than seventy-five percent of the area of that sign.

ii. The maximum area for the programmable electronic sign shall be ninety square feet.

iii. The maximum height for the programmable electronic sign shall be the lesser of forty feet or the area of the sign divided by 3.75.

vi. Operation of the programmable electronic sign shall conform to the provisions of Section 23.02.905.

v. Programmable electronic signs shall be located at a distance of at least one hundred feet from another programmable electronic sign, at least two hundred feet from residentially zoned parcels, and no more than one hundred fifty feet from Stevens Creek Boulevard.

vi. Programmable electronic signs shall be located in a manner that the director determines will not adversely interfere with the visibility or functioning of traffic signals and traffic signage, taking into consideration physical elements of the sign and the surrounding area, such as information analyzing physical obstruction issues, line of sight issues, brightness issues and visual obstruction or impairment issues.

vii. The programmable electronic signs may display only on-site commercial or noncommercial messages.

d. Oakridge/Blossom Hill urban village signage area.

i. Only until March 16, 2015, parcels fronting onto Blossom Hill Road, as described below, may have one freestanding programmable electronic sign that fully conforms to all of the conditions and criteria set forth in this Subsection d. at all times as part of a temporary pilot program to evaluate the safety and land use impacts of such signs:

1. A parcel fronting onto Blossom Hill Road that has a minimum of three hundred linear feet of street frontage along Blossom Hill Road; or

2. A parcel fronting onto Blossom Hill Road that is at least five acres in size; or

3. One or more parcels that are part of a contiguous shopping center functioning as a single unit with a minimum of three hundred linear feet of street frontage along Blossom Hill Road.

ii. Only until March 16, 2015, one or more parcels that are part of a contiguous shopping center functioning as a single unit with a minimum of three hundred linear feet of street frontage along Blossom Hill Road and a minimum of three hundred linear feet of street frontage along Santa Teresa Boulevard, and that are a minimum of five acres in size in the aggregate, may have a maximum of one freestanding programmable electronic sign on Blossom Hill Road and one freestanding programmable electronic sign on Santa Teresa Boulevard, provided that those signs fully conform with all of the conditions and criteria set forth in this Subsection d. at all times as part of a temporary pilot program to evaluate the safety and land use impacts of such signs.

iii. The programmable electronic sign is a part of an otherwise permitted freestanding sign and constitutes no more than seventy-five percent of the area of that sign.

vi. The maximum area for the programmable electronic sign shall be ninety square feet.

v. The maximum height for the programmable electronic sign shall be the lesser of forty feet or the area of the sign divided by 3.75.

vi. Operation of the programmable electronic sign shall conform to the provisions of Section 23.02.905.

vii. Programmable electronic signs shall be located at a distance of at least one hundred feet from another programmable electronic sign on the same street, at least two hundred feet from residentially zoned parcels, and no more than one hundred fifty feet from Blossom Hill Road.

viii. Programmable electronic signs shall be located in a manner that the director determines will not adversely interfere with the visibility or functioning of traffic signals and traffic signage, taking into consideration physical elements of the sign and the surrounding area, such as information analyzing physical obstruction issues, line of sight issues, brightness issues and visual obstruction or impairment issues.

ix. The programmable electronic sign may display only on-site commercial or noncommercial messages.

e. Parcels with more than five hundred linear feet of street frontage along one single public right-of-way and zoned CG General Commercial District, IP Industrial Park District, LI Light Industrial District, HI Heavy Industrial District, or Planned Development (PD) Overlay District (allowing for uses similar to the CG General Commercial District, IP Industrial Park District, LI Light Industrial District, or HI Heavy Industrial District) may have one additional freestanding sign for each four hundred linear feet of street frontage along that particular public right-of-way that is beyond the initial five hundred linear feet of street frontage on that particular public right-of-way, subject to those size limitations set forth in Section 23.04.030B.

3. Architectural sign cluster. Parcels that are fifteen acres or more in size may have, in lieu of a freestanding sign that would otherwise be allowed under this title, an architectural sign cluster that conforms to all of the following criteria:

a. The architectural sign cluster does not display more than a total of three separate attached or freestanding signs; and

b. All of the signs are integrated with landscape structures on the site to form a single cohesive design unit; and

c. No sign in the architectural sign cluster is located more than thirty feet from any other sign in the architectural sign cluster; and

d. The total area of all signs within the architectural sign cluster does not exceed the maximum sign area allowed for the freestanding sign that otherwise would have been allowed pursuant to Section 23.04.030B.1.; and

e. No sign freestanding or attached sign is displayed at a height greater than twenty feet; and

f. All freestanding signs conform to the setback requirements of Section 23.04.030C.1., and all landscape structures conform to the setback requirements of Title 20 of this code.

g. Notwithstanding the requirements of Section 23.02.910B.1., if the message surface of a sign in an architectural sign cluster is integral to the surface of a wall or landscape feature, the area of the sign shall consist of the area of the message only and not include the area of the wall or other landscape feature that does not display a message.

h. The total number of architectural sign clusters that may be allowed on any one parcel shall not exceed three.

4. For corner parcels, no more than one freestanding sign shall be located within one hundred feet of the corner intersection.

B. Size.

1. The aggregate sign area of all freestanding signs on a parcel shall not exceed a total area equal to one square foot per each five linear feet of street frontage of the parcel, and the aggregate sign area of all freestanding signs along one single public right-of-way shall not exceed a total area equal to one square foot per each five linear feet of street frontage along that one public right-of-way.

2. No freestanding sign shall have an area in excess of one hundred twenty square feet.

3. A freestanding sign shall have a maximum sign area of forty square feet when facing streets with residential uses or zoning districts across the street.

4. Exceptions.

a. Capitol Expressway Auto Mall signage area. For parcels located entirely within the Capitol Expressway Auto Mall signage area, one allowed freestanding sign on a parcel shall not exceed a maximum sign area of one hundred twenty square feet, and any remaining allowed freestanding sign on a parcel shall not exceed a maximum sign area of fifty square feet.

b. Stevens Creek Boulevard signage area. For parcels located entirely within the Stevens Creek Boulevard signage area:

i. The aggregate sign area of all freestanding signs allowed on a parcel pursuant to the provisions of this section shall not exceed a total area equal to three and thirty-five hundredths (3.35) square feet per each five linear feet of street frontage of the parcel, and the aggregate sign area of all freestanding signs along one single public right-of-way shall not exceed a total area equal to three and thirty-five hundredths (3.35) square feet per each five linear feet of street frontage along that one public right-of-way, except that any freestanding sign allowed for an outdoor retail display frontage shall not exceed a maximum sign area of seventy-five square feet and shall not be included in the calculation of aggregate sign area.

ii. No freestanding sign shall have an area in excess of one hundred and fifty square feet in any event.

c. Programmable electronic signs. For all assembly spaces, the sign area of a programmable electronic freestanding signs along one single public right-of-way shall not exceed a total area equal to one square foot per each two and one-half linear feet of street frontage along that one public right-of-way.

C. Height.

1. The maximum height of a freestanding sign shall be the square footage of the sign area divided by four. However, in no event shall the height of any sign exceed twenty feet.

2. Exceptions.

a. For parcels located entirely within the Capitol Expressway Auto Mall signage area, the maximum height of one freestanding sign on a parcel shall not exceed twenty-five feet and the maximum height of any other allowed freestanding sign on the parcel shall not exceed nine feet.

b. For parcels located entirely within the Stevens Creek Boulevard signage area, the maximum height of any one freestanding sign on a parcel shall not exceed the square footage of the sign area divided by three and seventy-five hundredths (3.75) and in no event shall the height of the sign exceed forty feet.

c. The height of a freestanding sign with a programmable electronic sign component shall not be more than fifty feet above grade for large assembly spaces.

D. Setbacks.

1. The required front setback of a freestanding sign on a parcel shall be a minimum of four feet for any sign that is six feet or less in height, six feet for any sign greater than six feet in height but less than ten feet in height, and ten feet for any sign that is ten feet or greater in height.

2. Exceptions.

a. For parcels located entirely within the Capitol Expressway Auto Mall signage area, the required front setback of any freestanding sign on the parcel shall be a minimum of four feet.

b. For assembly spaces, programmable electronic signs shall be at least one hundred and fifty feet from a residential zoned parcel.

3. Each freestanding sign shall be located at least twenty-five feet from the side and rear property lines of the parcel.

E. Programmable electronic signs.

1. The freestanding sign allowed for a small assembly space in accordance with Section 23.04.030A. above may have a programmable electronic sign component not to exceed seventy-five percent of the allowable sign area. No more than one sign (attached or freestanding) shall include a programmable electronic sign component.

2. The freestanding sign allowed for a large assembly space in accordance with Section 23.04.030A. above may have a programmable electronic sign component not to exceed seventy-five percent of the allowable sign area. No more than two sign (attached or freestanding) shall include a programmable electronic sign component.

3. Safety or directional signs for public parking garages.

a. A safety or directional sign that is a freestanding sign with a programmable electronic sign component is allowed subject to and so long as the sign fully meets the criteria set forth below in this Section 23.04.030E., and such sign shall not reduce otherwise allowable signage for a public parking garage or for the parcel, as parcel is defined in Section 23.04.010, on which such sign is located:

i. A maximum of three such signs are allowed per parcel, as parcel is defined in Section 23.04.010; and

ii. Each such sign shall be no more than ten square feet in sign area.

4. Operation of the programmable electronic sign shall conform to the provisions of Section 23.02.905.

F. Other provisions.

1. Sign base. All freestanding signs shall be placed on a base of at least eighteen inches in height that is architecturally 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.

2. Landscaping. All freestanding signs shall be located fully within a landscaped area extending from the supporting structure of the sign to a point on all sides that is at least four feet from vertical lines drawn from the outer edges of the sign. For purposes of this provision, "landscaped area'' shall mean an area containing live plant material including, but not limited to, ground cover, shrubs, grass and trees.

3. Time and temperature signs.

a. Any otherwise allowed freestanding sign may include a time and temperature sign not exceeding fifteen square feet in sign area.

b. A time and temperature sign not exceeding fifteen square feet in sign area, excluding any frame, may be located on the primary building on a parcel.

c. Any time and temperature sign meeting the requirements of Subsection a. or b. above shall not reduce otherwise allowable signage.

(Ords. 24201, 24331, 24332, 26942, 27034, 27375, 28022, 28569, 28582, 28754, 29013, 29097, 29153, 29223.)

A. Allowable signs. In lieu of all other signs 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 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.

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 shall conform to setback requirements in accordance with Section 23.04.020 D.

e. Other. Attached programmable electronic 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.

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 freestanding 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 architecturally 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.

e. Other. One freestanding sign allowed 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 programmable 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 scoreboard 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:

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 programmable 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 attached 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.

b. Size. Each flat roof-top sign shall not exceed a maximum of eight thousand two hundred square feet in sign area.

c. Height. The flat roof-top signs shall 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 that 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 within 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 programmable electronic sign component shall be in use except during events that are open to the general public, including sports events, and private events with an attendance of one hundred or more persons.

2. Where multiple signs with a programmable 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 larger than three hundred square feet within an airport influence area.

2. Any application for large outdoor stadium 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 located at a large outdoor stadium space shall be subject to the following conditions, in addition to any other conditions which may otherwise be imposed:

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 ordinance(s) or proposed ordinance(s) authorizing the proposed signage meet(s) the minimum requirements set forth in the Act.

(Ords. 29529, 30748.)

A. Quantity.

1. One freeway sign may be allowed on a parcel located not more than two hundred fifty feet from a freeway travel lane:

a. That is a shopping center site of at least fifteen acres in size, or

b. That is a parcel located in the North San José signage area that also meets the following criteria:

i. Is at least ten acres in size; and

ii. Has at least eight hundred linear feet of freeway frontage; and

iii. Is developed for research and development as defined in Section 20.200.1000 or office, research and development as defined in Section 20.200.818, and has a zoning and general plan land use designation that supports such uses.

B. Size.

1. No freeway sign shall have a total sign area in excess of five hundred square feet.

C. Height.

1. No freeway sign shall exceed sixty feet in height above surrounding grade.

2. Exception:

a. The height of a freeway sign may exceed sixty feet above grade if the director determines that all of the following conditions exist:

i. The elevation of existing grade immediately adjacent to the freeway sign is more than ten feet below the elevation of a freeway travel lane located no greater than five hundred feet from the freeway sign; and

ii. The difference in grade pursuant to Section 23.04.040.C.2 cannot be resolved by moving the sign and that difference in grade obscures visibility of the sign from the freeway; and

iii. The height of the freeway sign above surrounding grade does not exceed one hundred feet; and

iv. The height of a freeway sign located closer than four hundred feet from any residential dwelling unit does not exceed eighty feet in height above grade; and

v. The freeway sign conforms to all other provisions of this title.

D. Location.

1. A freeway sign shall be located as close as possible to the nearest freeway travel lane.

2. A freeway sign that includes a programmable electronic sign shall be located no closer than one hundred fifty feet from any residential dwelling unit.

3. Any location requirements applicable under state or federal law, including but not limited to separation requirements.

E. Other provisions.

1. A freeway sign may include a programmable electronic sign that does not exceed seventy-five percent of the total sign area and is integrated with the total sign to form a cohesive design unit. In no case shall a programmable electronic sign exceed three hundred seventy-five square feet in area.

2. The illuminated face of any freeway sign shall be oriented towards the freeway and shall be oriented away from nearby residential dwelling units to the maximum extent feasible.

3. Any programmable electronic sign shall conform to the requirements of Section 23.02.905.

4. For the North San José signage area freeway signs allowed in accordance with Section 23.04.035.A above, the following additional regulations shall apply:

a. No freeway sign shall be allowed within one hundred feet of the edge of a riparian corridor.

b. No freeway sign that is visible from a riparian corridor shall be illuminated between 12:01 a.m. and 5:59 a.m.

c. A freeway sign located within the airport influence area:

i. Shall utilize automatic dimming technology as specified in Section 23.02.905.F.

ii. Any application for a freeway 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, and a lighting study to determine appropriate lighting standards for signs within an airport influence area.

iii. 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.

5. Notwithstanding the provisions of Section 23.02.1300.C, a freeway sign shall require approval of a development permit.

6. Notwithstanding the provisions of Section 23.02.1010.A.9, a freeway sign may face and be visible from a freeway.

7. Sign base:

a. All freeway 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.

b. The base shall be architecturally consistent with the main building of the parcel and the freeway sign it supports. The base shall be constructed of durable materials to reduce the likelihood of unsightly signs and blighted conditions.

c. Landscaping shall be in accordance with Section 23.04.030.F.

(Ords. 28754, 29013, 29153, 29558.)

A. Quantity.

1. One (1) Business Center Sign may be allowed on a Business Center Site located within the North San José Signage Area and not more than three hundred (300) feet from a Freeway Travel Lane, if the Business Center Site also meets the following criteria:

a. Is at least six (6) acres in size; and

b. Has at least six hundred (600) continuous linear feet of Freeway Frontage or six hundred (600) continuous linear feet of Street Frontage that parallels and is visible to a Freeway Travel Lane; and

c. Is developed as a Destination Entertainment Facility and has a Zoning and General Plan Land Use Designation that supports such uses.

2. One (1) Business Center Sign may be allowed on a Business Center Site located within the North San José Signage Area or Alviso Master Plan Area, and not more than three hundred (300) feet from a Freeway Travel Lane, if the Business Center Site also meets the following criteria:

a. Is at least ten (10) acres in size; and

b. Has at least six hundred (600) continuous linear feet of Freeway Frontage or six hundred (600) continuous linear feet of Street Frontage that parallels and is visible to a Freeway Travel Lane; and

c. Is developed for Research and Development as defined in Section 20.200.1000 or for Office, Research, and Development as defined in Section 20.200.818 of Title 20 of this Municipal Code and has a Zoning and General Plan Land Use Designation that supports such uses.

B. Size. No Business Center Sign shall have a total Sign Area in excess of five hundred (500) square feet.

C. Height.

1. No Business Center Sign shall exceed sixty (60) feet in height above surrounding Grade.

2. Exception:

a. The height of a Business Center Sign may exceed sixty (60) feet above Grade if the Director determines that all of the following conditions exist:

i. The elevation of existing Grade immediately adjacent to the Business Center Sign is more than ten (10) feet below the elevation of a Freeway Travel Lane located no greater than five hundred (500) feet from the Business Center Sign; and

ii. The difference in Grade pursuant to Section 23.04.036.C.2 cannot be resolved by moving the Business Center Sign and that difference in Grade obscures visibility of the Business Center Sign from the Freeway; and

iii. The height of the Business Center Sign above Grade does not exceed one hundred (100) feet; and

iv. The height of a Business Center Sign located within four hundred (400) feet from any residential dwelling unit does not exceed eighty (80) feet in height above Grade; and

v. The Business Center Sign conforms to all other provisions of this Title.

D. Location.

1. A Business Center Sign shall be located as close as possible to the nearest Freeway Travel Lane.

2. A Business Center Sign that includes a Programmable Electronic Sign shall be located no closer than one hundred fifty (150) feet from any residential dwelling unit.

3. A Business Center Sign shall conform to any location requirements applicable under State or federal law, including but not limited to requirements related to separation between signs.

E. Other Provisions.

1. A Business Center Sign may include a Programmable Electronic Sign that does not exceed seventy-five percent (75%) of the total Sign Area and is integrated with the total Sign to form a cohesive design unit. In no case shall a Programmable Electronic Sign exceed three hundred and seventy-five (375) square feet in area.

2. The illuminated face of any Business Center Sign shall be oriented towards the Freeway and shall be oriented away from nearby residential dwelling units to the maximum extent feasible.

3. Any Programmable Electronic Sign shall conform to the requirements of Section 23.02.905.

4. A Business Center Sign shall be consistent with City Council Policy 6-34 "Riparian Corridor Protection and Bird Safe Design," as may be amended from time to time.

5. A Business Center Sign shall conform to Section 18.40.010 in Title 18 "Local Planning" of this Municipal Code pertaining to Santa Clara Valley Habitat Conservation Plan/Natural Communities Conservation Plan.

6. No Business Center Sign shall be allowed within one hundred (100) feet of the edge of a Riparian Corridor.

7. No Business Center Sign that is visible from a Riparian Corridor shall be illuminated between 12:01 a.m. and 5:59 a.m.

8. A Business Center Sign located within the Airport Influence Area:

a. Shall utilize automatic dimming technology as specified in Section 23.02.905.F.

b. Any application for a Business Center 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, and a lighting study to determine appropriate lighting standards for Signs within an Airport Influence Area.

c. 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.

9. Notwithstanding the provisions of Section 23.02.1300.C, a Business Center Sign shall require approval of a development permit.

10. Notwithstanding the provisions of Section 23.02.1010.A.9, a Business Center Sign may face and be visible from a Freeway.

11. Sign Base:

a. All Business Center Signs that are Freestanding Monument Signs shall have a base of at least eighteen (18) inches in height. The height of the base measured from Grade to the top of the base shall not be more than twenty (20) feet above Grade.

b. The base shall be architecturally consistent with the main building of the Parcel and the Business Center Sign it supports. The base shall be constructed of durable materials to reduce the likelihood of unsightly Signs and blighted conditions.

c. Landscaping surrounding the Business Center Sign shall be in accordance with Section 23.04.030.F.

12. A Business Center Sign shall display the name of the Business Center, if named.

13. Placement of the Business Center Sign must result in the consolidation of Signs within the Business Center Site, such that fewer Signs will be displayed on the Site than would otherwise be allowed.

14. Additional requirements for any Business Center Sign located within the Alviso Master Plan Area:

a. The Sign shall conform to the following requirements:

i. No sign shall be allowed within at least one hundred (100) feet of a state or federally protected wetland, a burrowing owl habitat as identified in the Santa Clara Valley Habitat Conservation Plan, or the vegetative edge of a Riparian Corridor or top of bank, whichever is greater.

ii. No Sign shall direct lighting onto a wetland or Riparian Corridor.

iii. No Sign shall include up-lighting or spotlights.

iv. Non-emergency lighting on the sign shall be turned off, or shielded, at night to minimize light from signage that is visible to birds, especially during bird migration season (from February through May and from August through November); and

b. Any Sign, visible from a wetland, burrowing owl habitat or Riparian Corridor, shall be dimmed automatically one hour after sunset to 5% of their daylight luminance setting; and

c. No sign, visible from a wetland, burrowing owl habitat or Riparian Corridor, shall be illuminated between 9:59 p.m. and 5:59 a.m.; and

d. Any Sign that includes a programmable electronic component shall utilize shaders, or shall utilize other shading alternative(s) that the City determines will provide equivalent attenuation of upward illumination to the satisfaction of the Director of Planning; and

e. No sign shall be allowed on the portion of a parcel that has an Open Space, Parklands and Habitat designation on the General Plan Land Use/Transportation Diagram, or in OS-Open Space and A-Agricultural Zoning Districts.

(Ords. 30189, 30250.)

Supergraphic Signs may be allowed within the North San José Signage Area subject to the following criteria and conditions:

A. On a Building that has no residential use and a Building Height, as defined in Section 17.82.210 of this Code, of at least one hundred (100) feet or on a Parking Garage with three (3) or more parking levels above grade, one (1) Supergraphic Sign per Building is permitted subject to the following:

1. No Supergraphic Sign shall cover any portion of a window or door; and

2. No Supergraphic Sign shall be displayed for more than one hundred twenty (120) consecutive days and no Building shall display a Supergraphic Sign for more than one hundred twenty (120) days in a calendar year.

B. On a Building with no residential use, no more than to two (2) Supergraphic Signs are permitted per Building in connection with Large Events, subject to all of the following:

1. A Supergraphic Sign shall be displayed only during a Large Event and for a period up to seventy-five (75) additional days before and/or after the Large Event. The Supergraphic Sign shall be promptly removed at the end of the Large Event plus seventy-five (75) day period. No Building shall be allowed to display a Supergraphic Sign under this subsection B. for more than one hundred eighty (180) days total in a calendar year.

2. No Supergraphic Sign shall be displayed at a height less than forty (40) feet above grade.

3. One additional flat-mounted Supergraphic sign attached to the roof of a Building shall be allowed.

4. No Supergraphic Sign shall obstruct Fire Department aerial access as required by California Fire Code Section D105 with local amendments.

C. All Supergraphic Signs shall conform to all of the following:

1. No Supergraphic Sign shall be located on an Historic Landmark Building;

2. A Supergraphic Sign shall be located on no more than one (1) Building Facade and the Sign Area shall not exceed the area of the Building Facade on which it is located, except that such Sign may be located on two (2) Building Facades provided the total Sign Area is not greater than would otherwise be allowed on the larger of the two (2) Building Facades;

3. A Supergraphic Sign may consist of non-contiguous segments;

4. No Supergraphic Sign shall be externally illuminated;

5. Except as provided in subsection (B)(3), no Supergraphic Sign shall be a Roof sign;

6. A Supergraphic Sign shall comply with all life safety requirements, including but not limited to all requirements of Titles 17 and 24 of this Code;

7. A Supergraphic Sign shall be maintained in good condition at all times and the Sign surface shall be free of dirt, rips and tears;

8. A Supergraphic Sign shall not reduce otherwise allowable Sign Area for a Building or Parcel;

9. A Supergraphic Sign shall be in conformance with any requirements applicable under state or federal law or regulations including but not limited to height, separation, or other location requirements;

10. A Supergraphic Sign authorized by subsection A. shall not be displayed on a Building concurrent with the display of a Supergraphic Sign authorized by subsection B.; and

11. In lieu of the requirements of Section 23.02.960, Supergraphic Signs are encouraged to have a translucent background, but may have an opaque background.

D. Notwithstanding the provisions of Section 23.02.1300 C. of this Code, a Supergraphic Sign shall require approval of an Administrative Permit.

(Ords. 29850, 30371, 31205.)

A. Unless otherwise expressly provided herein, signs may be illuminated only with continuous lighting.

B. Signs may be illuminated with:

1. Neon tube lighting.

2. External lighting.

3. Internal lighting.

4. Halolighting.

C. Lighting of programmable electronic signs shall conform to the requirements of Section 23.02.905.

(Ords. 24201, 27034, 28754.)