PC Reso 6962
RESOLUTION NO. 6962
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A SIGN EXCEPTION ON TWO SEPARATE STORAGE FACILITY
BUILDINGS LOCATED AT 20565 VALLEY GREEN DR.
SECTION I: PROJECT DESCRIPTION
Application No.: EXC‐2022‐003
Applicant: David Ford (All Sign Services)
Location: 20565 Valley Green Dr.; APN: 326‐10‐044
SECTION II: FINDINGS FOR DENIAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Sign Exception (EXC‐2022‐003) to allow three (3) wall signs where two (2) are
permitted and to further allow two (2) freeway‐oriented signs on two separate buildings.;
and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the Planning Commission is the approval authority for this project and is
granted the authority by the Municipal Code to exercise its independent judgment, based
on the record before it, for purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Planning Commission of the City of Cupertino:
1. Denies the Sign Permit (EXC‐2022‐003) because the following findings pursuant to
CMC 19.104 cannot be made:
A. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title;
Although CMC 19.104 Signs in some circumstances allows multiple wall signs, and has
adopted standards for freeway‐oriented signage, allowing the latter in this specific
location, whether illuminated and non‐illuminated, would be contrary to the intent and
purpose of the adopted regulations. These regulations are adopted with the intent of
providing architectural and aesthetic harmony of signs as they relate to building design
and surrounding landscaping, as well as regulations of sign dimensions and quantity
which will allow for good visibility for the public and the needs of the business while
providing for the safety of the public by minimizing distraction to the motorist and
pedestrian. The proposed freeway facing signs, whether illuminated or not, serve only as
advertising rather than wayfinding/business identification and, if illuminated, would be
a distraction to freeway motorists.
B. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare; and
The location of Signs Two and Three along the north elevations of Buildings One and
Two could result in a situation that is materially detrimental to the public health, safety,
or welfare to the community by potentially precluding the City from designating this
portion of I‐280 as a scenic freeway, while also causing conflict with the Bird‐Safe
development requirements of CMC 19.102 Glass and Lighting Standards.
C. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose.
As the application requests are above the number of allowed freeway‐oriented signs, the
exception would require a greater modification and variance to CMC 19.104 Signs than
would typically be supported.
PASSED AND ADOPTED this 11th day of October 2022, at a regular Meeting of the
Planning Commission Committee of the City of Cupertino, State of California, by the
following roll call vote:
AYES: COMMISSIONERS: Scharf, Madhdhipatla, Kapil, Saxena, Wang
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMISSIONERS: None
ATTEST: APPROVED:
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission