, |mm|. , san ipse memorandum

COUNCIL AGENDA: 06/14/16 ITEM: a.'Wo

CITY OF

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.... , SAN IPSE Memorandum CAPITAL OF SILICON VALLEY

TO: HONORABLE MAYOR AND FROM: Harry Freitas AND CITY COUNCIL

SUBJECT: SEE BELOW DATE: June 1, 2016

APTQved g (.\l\fr

SUBJECT: FILE NO. PP16-019. AN ORDINANCE AMENDING TITLE 23 OF THE SAN JOSE MUNICIPAL CODE (THE SIGN CODE) TO ALLOW ADDITIONAL SIGNAGE IN THE AIRPORT SIGN ZONE AND TO MAKE MINOR NONSUBSTANTIVE CHANGES TO CHAPTERS 23.02 AND 23.04

RECOMMENDATION

Approval of an ordinance amending Title 23 of the San Jose Municipal Code to amend Section 23.02.870 of Part 2 of Chapter 23.02 to identify the Director of Aviation as the administrative authority for signs located within the Airport Sign Zone; and to amend Sections 23.04.200, 23.04.210, 23.04.220, 23.04.230, 23.04.240, 23.04.250 and 23.04.260, and add anew Section 23.04.215 of Part 3 of Chapter 23.04 to amend provisions related to temporary signs, delete allowed time and temperature signage, allow up to three free-standing programmable electronic signs at each vehicular entrance to the Norman Y. Mineta San Jose International Airport; and to make nonsubstantive, ministerial, technical, or typographical changes to various sections of Chapters 23.02 and 23.04 of Title 23.

OUTCOME

If the ordinance is approved, the City Council would adopt new provisions in the Sign Code for the Airport Sign Zone to allow: 1) up to three free-standing programmable electronic signs at each vehicular entrance to Mineta Airport; 2) the Director of Aviation as the administrative authority to approve or deny any sign within the Airport Sign Zone; and 3) to delete obsolete sections or provisions relating to provisions for temporary signs and regulation on time and temperature. Additionally, non-substantive, ministerial, technical, or typographic changes would be made to various Sections of Chapters 23.02 and 23.04 of Title 23 of the San Jose Municipal Code.

HONORABLE MAYOR AND CITY COUNCIL June 1, 2016 Subject: Amendments to the Sign Code to Allow Additional Signage in the Airport Sign Zone

BACKGROUND

Previous Sign Code Amendments The City Council has approved many changes to the Sign Code in the last decade to promote economic development, facilitate way-finding, and to help activate areas in San Jose that are identified in the General Plan for growth and intensification. These changes have allowed additional signage, including programmable electronic signs and larger signs in specific geographic areas and for certain types of land uses such as large outdoor stadiums, large shopping centers, assembly spaces, and office/research and development sites.

Most recently, Council approved Sign Code amendments in May 2015 that created a new ninth Special Sign Zone called the North San Jose Signage Area, added provisions for freeway signs for office/research and development, and modified sign regulations for large multi-family residential developments.

Mineta Airport Expansion The Envision San Jose 2040 General Plan and the City's economic development strategy support expansion of aviation services and facilities serving the needs of San Jose as well as surrounding Silicon Valley businesses, residents, and visitors. In 2010 the City completed a billion-dollar modernization of Mineta Airport that included the new Terminal B, Consolidated Rental Car Garage, and associated improvements. Air passenger volume has since increased by nearly 20 percent and continues to grow.

To better reflect the economic vitality of the modernized Airport, staff is currently recommending changes to the Sign Code to facilitate more contemporary and dynamic programmable electronic signs at key roadway entrances to Mineta Airport. These signs are intended to serve as attractive site-identification markers to provide pertinent public information regarding vehicular access, parking, passenger amenities, and airline services.

ANALYSIS

A primary purpose of the existing provisions of the Sign Code is to provide opportunities for signage to promote commerce and prevent visual clutter. The Sign Code has specific regulations for the quantity, size, and location of signs, and the Code allows a variety of sign types to be used for a single business-tenant or building, subject to specific criteria.

The "Commercial and Industrial Zoning Districts and Neighborhood Business Districts" section of the Sign Code allows for different types of signs to cater to the needs of diverse business establishments. Additionally, the "Residential, Open Space and Agriculture Zoning Districts" section of the Sign Code allows for signage for residential developments and business establishments in those zoning districts.

The Sign Code also has sign regulations for defined geographic areas called "Special Sign Zones." There are nine special sign zones in the City including the Downtown Sign Zone, San

HONORABLE MAYOR AND CITY COUNCIL June 1,2016 Subject: Amendments to the Sign Code to Allow Additional Signage in the Airport Sign Zone

Pedro Square Signage Area, Capitol Expressway Auto Mall Signage Area, Urban Mixed-Use Sign Zone, Oakridge/Blossom Hill Urban Village Signage Area, North San Jose Signage Area, and the Airport Sign Zone.

The Sign Code is content-neutral, in that signs can be on-site commercial speech as defined in the Sign Code (e.g., the sign cannot be the functional equivalent of a billboard with general commercial advertising unrelated to the on-site use), or can be non-commercial speech. This means that only businesses that are physically located on the premises where the sign is situated can advertise their products and services on-site.

Consisting of approximately 1,000 acres of land subject to the City of San Jose's Airport Master Plan, the Airport Sign Zone comprises airport parcels that are exclusively leased to tenants, and an area that is considered as one parcel that includes airport terminals, associated buildings, and uses related to the operations of Mineta Airport. The Sign Code contains provisions for signs for all parcels that are located within the Airport Sign Zone and visible from the public right-of-way that are not internal airport roadways.

Free-standing Signs The Sign Code categorizes two distinct types of signs: attached signs, which are typically located on a building, and free-standing signs, which are typically located along public rights-of-way.

Under the existing Airport Sign Zone regulations, the Airport can have either one free-standing sign or attached sign that is visible from the public-right-of-way.

The proposed ordinance would allow up to three additional free-standing signs that are programmable electronic signs including one sign at each of the following locations: 1) the northeast quadrant of Coleman Avenue at Airport Boulevard; 2) the west side of Airport Boulevard at Skyport Drive; and 3) the west side of Airport Boulevard at Airport Parkway.

As recommended by staff, the proposed ordinance would allow up to 350 square feet of sign area for each sign. Additionally, each sign could have a programmable electronic component of no more than 70 square feet provided that the component is integrated with the design of the sign to form a cohesive unit. The maximum allowable height of each sign would be limited to ten feet above grade.

In compliance with the current Sign Code regulations, all of the programmable electronic freestanding signs in the Airport Sign Zone would be required to conform to the operational standards as set forth in Section 23.02.905. Consistent with the goals and policies of the General Plan and the Riparian Corridor Policy Study (as revised in 1999), these proposed signs in the Airport Sign Zone would be required to be set back at least 100 feet from the vegetative edge or the top of bank of a riparian corridor, whichever is greater. Additionally, the recommended ordinance would include provisions for these signs to comply with all applicable Federal Aviation Administration (FAA) regulations.


Other Modifications Under the current Sign Code regulations, the Director of Aviation has the authority to approve signs that are oriented toward internal airport roadways. All other signs require the approval of the Director of Planning, Building and Code Enforcement. The proposed ordinance would authorize the Director of Aviation to approve or deny any sign located within the Airport Sign Zone.

Other changes to the Sign Code include clarifying language, the elimination of obsolete terminology, and the correction of typographic errors, such as incorrect cross references.

EVALUATION AND FOLLOW UP

Staff intends to return to the City Council with additional revisions to the Sign Code consistent with prior City Council direction.

POLICY ALTERNATIVES

Alternative #1: Do not approve the ordinance.

Cons: By not approving the ordinance, the City would not be able to install attractive programmable electronic signs at vehicular entrances to support the image and growth of Mineta Airport. Pros: Potentially, fewer signs could be approved within the Airport Sign Zone than if the ordinance were approved. Reason for not recommending: This alternative does not support the City's economic development strategy for continued development of aviation services.

PUBLIC OUTREACH

Public outreach for this proposal is consistent with the City Council Public Outreach Policy. Prior to the City Council hearing, a notice of the public hearing for this ordinance will be emailed to a list of community groups, other organizations, business interests, sign industry representatives, interested individuals, published in the newspaper, and posted on the City's website.

A community meeting on the recommended amendments to the Sign Code was held on May 2, 2016, in San Jose at City Hall. Planning Staff presented the recommended amendments to the Sign Code and received positive feedback. Staff has continued to correspond with stakeholders who are interested in the proposed amendments.


COORDINATION

This report and the proposed ordinance were coordinated with the Airport and the City Attorney's Office.

CEOA

Exempt per CEQA Guidelines Section 15311 for Accessory Structures.

/s/ HARRY FREITAS, DIRECTOR Planning, Building and Code Enforcement

For questions please contact Steve McHarris, Planning Official, at 408-535-7819.

Attachment: Rendering of the proposed signage at the Airport

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Appendix

Site Plan

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