TO: DRIVING A STRONG FROM: Stephen M. Haase
SUBJECT: ORDINANCE AMENDING DATE: April 11, 2003
SIGNAGE REGULATIONS IN
RESIDENTIAL AREAS
COUNCIL DISTRICT: CITYWIDE
SNI AREAS:
ALL
RECOMMENDATION
Planning Staff recommends that the Driving a Strong Economy Committee recommend that the City Council adopt the proposed ordinance amending Title 23, the Sign Code, of the San Jose Municipal Code as it pertains to signage on residential parcels in all residential, agriculture, and open space zoning districts.
BACKGROUND
The Sign Code, Title 23 of the San Jose Municipal Code, contains regulations for signage in the A-Agriculture, OS-Open Space, and all Residential zoning districts, including regulations for permanent and temporary signage. The purpose of these regulations is to reduce visual clutter in the community.
The City's Code Enforcement Division has had recent cases involving signage on single-family lots. In working through the enforcement issues and understanding the current Code for residential signage, the signage allowances for residential properties could be enhanced to more effectively meet the purpose of the City's sign regulations to reduce visual clutter. For this reason, staff is proposing amendments to the sign provisions for residential properties.
On December 2, 2002, Planning staff presented proposed amendments to the residential sign provisions to the Economic Development and Environment Committee (EDEC). The EDE Committee discussed the proposed amendments and voted to forward the proposal to the City Council without a recommendation but for further discussion and action. This item was originally scheduled for the January 14, 2003 City Council meeting. Prior to that meeting, Councilmember Williams requested a deferral of the item so staff could meet with interested parties and address any outstanding issues. Upon further consideration of the issues involved, staff has developed a revised proposal that is presented in this memo.
ANALYSIS
Current Sign Allowances
Permanent Sign
Allowances
Generally, the current regulations for permanent signage allow for attached or free-standing signs of one square foot for each residential unit on a parcel. For residential developments of 100 units or less, only one sign is allowed. For residential developments of more than 100 units, the number of allowed signs is based on the number of units and street frontage.
Additionally, the height of attached signs is limited to twelve feet above grade under the existing regulations. Free-standing signs shall not be more than three feet in height and must be located within five feet from the primary residential building. Other setback regulations for free-standing signs include a setback of 25 feet from the side and rear property lines, and ten feet from the front property line. Residential uses with four or fewer units on a parcel are exempt from a permitting requirement. All other residential uses are required to obtain a permit from the Department of Planning, Building, and Code Enforcement before displaying signs.
Staff is not proposing to modify the permanent sign provisions at this time with the exception of one minor change related to window signs.
Temporary Sign
Allowances
In addition to the allowable permanent signage, a residential or non-residential parcel in a residential zoning district may also display up to two temporary signs at any time under the existing Code. The temporary sign allowances are described in the table on the next page. The current temporary sign provisions are organized by purpose of the sign (e.g., real estate, construction, and other). The size allowance ranges from ten square feet up to 64 square feet depending on the purpose. The size allowance for temporary signs can exceed that allowed under the permanent sign provisions depending on the number of units on the parcel.
Additionally, the time allowance for temporary signs varies by the sign’s purpose. The time allowances range from a total of two months in any calendar year to 10 days after the sale of a property. These time allowances make it difficult for enforcement since the City, in order to prove a violation, would need to document when the sign went up as well as the completion of any construction or sale, etc. of property. Temporary signs that comply with all the requirements of Title 23 are exempted from permit requirements. Because of this exemption, there is no documentation the City staff can use to prove the date of placement or duration of display of a temporary sign.
EXISTING TEMPORARY SIGN PROVISIONS
(Maximum number of temporary signs is limited to two at any given time)
|
Purpose of Sign |
Type |
Size (square
feet) |
Duration |
Height |
Setbacks |
|
Real Estate (residential parcel) |
Attached; Free-standing;
A-Frame |
8 |
To be removed within 10 days of sale or lease |
Attached: 12' Free-standing: 8' |
All: 25'
from side and rear property lines Free-Standing (including A-Frame): 10' from front property line |
|
Real Estate (non-residential parcel) |
Attached; Free-standing |
32 |
To be removed within 10 days of sale or lease |
Attached: 12' Free-standing: 8' |
All: 25' from side and rear property lines Free-Standing (including A-Frame): 10' from front property line |
|
Construction |
Attached to fences that
enclose construction site Free-standing |
No limit on number of signs
but aggregate total of 64 sq. ft. One per street frontage not
to exceed 32 sq. ft. |
Displayed 14 days prior to commencement and to be removed within 7 days after completion of construction |
10’ above finished grade |
Free-Standing: 10' |
|
Other (residential parcel) |
Attached; Free-standing;
A-Frame |
5 |
No more than a total of two months in any calendar year |
Attached:
12' Free-standing
within front setback: 4' Free-standing
behind front setback: 10' |
All: 25' from side and rear property lines Free-Standing (including A-Frame): 10' from front property line |
|
Other (non-residential parcel) |
Attached; Free-standing;
A-Frame |
10 |
No more than a total of two months in any calendar year |
Attached:
12' Free-standing
within front setback: 4' Free-standing
behind front setback: 10' |
All: 25' from side and rear property lines Free-Standing (including A-Frame): 10' from front
property line |
|
Corner Parcels Public
Right-of-Way (allowed in addition to
two other temporary signs) |
A-Frame |
5 |
6 daylight hours |
3' |
Located on parkstrip 15
feet from curb return. If no
parkstrip, on residential parcel adjacent to sidewalk. |
Proposed Sign Allowances
The current sign provisions raise two issues. First, a parcel in a residential district could have more temporary signage on a parcel than permanent signage. Second, there is no permit required for temporary signs, creating enforcement difficulties. To address these issues, staff is proposing substantive change to the temporary sign allowances. Proposed changes to the permanent sign allowances include allowing window signs, limiting attached signs to the primary structure, as well as clarifying sign illumination restrictions. A draft ordinance with the proposed changes should be distributed to the Committee under separate cover.
With respect to temporary signage in all residential, agriculture and open space zoning districts, staff proposes to restructure the provisions to distinguish between improved parcels, unimproved parcels and parcels under construction. Below are the proposed provisions related to each parcel type.
Temporary Signage on Improved Parcels
Staff is proposing to allow one temporary sign on improved parcels for both residential and nonresidential parcels. The size allowance would remain the same at thirty-two square feet for nonresidential parcels and eight square feet for residential parcels. The proposed height for attached signs would be the same as permanent signs, twelve feet, and free-standing signs would be limited to three feet with an exception up to 6 feet for a sign displayed from a "hangman" type post. To enable the enforcement of the temporary sign provisions, staff is proposing a limitation on the duration of time of ninety (90) consecutive days during a single calendar year. Staff is also proposing that all signs have posted on them the first date of display for enforcement purposes.
The existing temporary signage allowances for corner parcels is proposed to remain unchanged and is proposed to be inserted in the section pertaining to temporary signage on improved parcels. Planning Management and staff has met with the leadership of the Santa Clara County Association of Realtors and the Tri-County Apartment Association to present the revised proposal, and received feedback that the proposed regulations satisfy the needs of their respective industries.
Temporary Signage on Unimproved Parcels
As was discussed at the previous EDE Committee meeting, the primary need for signage on unimproved parcels is to advertise the property for sale. Understanding the need for signage and the requirement to remain content neutral, staff is proposing to allow one temporary sign per unimproved parcel. Staff proposes to define an unimproved parcel as a parcel with no physical improvements on it including pavement. Staff is proposing to limit the size of the sign to eight square feet and the height to three feet with an exception up to 6 feet if it is displayed from a hangman type post. For consistency, staff is proposing the same provisions related to duration, etc. as is proposed above for temporary signs on improved parcels.
Temporary Signs on Parcels Under
Construction
One area of concern brought out during the outreach discussions with the Tri-County Apartment Association was the need for signage serving a variety of purposes during the construction of a project. To accommodate the needs for this type of situation, staff proposes to define a parcel under construction as a parcel for which there is an active Building Permit but for which a certificate of occupancy has not yet been issued. For these parcels, staff is proposing to allow an aggregate of sixty-four square feet of signage, maximum thirty-two square feet per sign, if signs are on or attached to fences enclosing the construction site. The proposed height of such signs is limited to ten feet above finished grade. Additionally, staff proposes to allow one free-standing sign per street frontage not to exceed thirty-two square feet. The time provision for these temporary sign regulations would be tied to the issuance of a certificate of occupancy. Once a certificate of occupancy is issued for a project, the parcel is then considered an improved parcel and is subject the sign provisions, permanent and temporary, for improved parcels.
PUBLIC OUTREACH
In coordination with the City Manager's Office, staff is providing information on the proposed ordinance to local newspapers, including the San Jose Mercury News and the papers distributed by TimesMedia. The staff report and meeting schedule have also been posted on the Department's WebPage.
Staff attended the Santa Clara County Association of Realtors monthly meeting on November 14, 2002 to present the original proposal and receive feedback from the industry. Staff also presented the original proposal to the Tri-County Apartment Association at their meeting on Tuesday, December 10, 2002. Since the initial outreach, Planning Management and staff has met with leadership of both organizations to present the revised proposal, and received feedback that the proposed regulations satisfy the needs of their respective industries.
COORDINATION
Preparation of the proposed ordinance and this staff report have been coordinated with the City Attorney’s Office.
CEQA
The proposed ordinance, PP02-09-260 was found exempt from CEQA per Section 15307.
STEPHEN M. HAASE, DIRECTOR
Planning, Building and Code Enforcement