PC 10-08-2024 Searchable PacketTuesday, October 8, 2024
6:45 PM
CITY OF CUPERTINO
10350 Torre Avenue, Council Chamber and via Teleconference
Planning Commission
DAVID FUNG, CHAIR
SEEMA LINDSKOG , VICE CHAIR
MUNI MADHDHIPATLA, COMMISSION MEMBER
TEJESH MISTRY, COMMISSION MEMBER
STEVEN SCHARF, COMMISSION MEMBER
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408) 777-3200 | www.cupertino.gov
AGENDA
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Planning Commission Agenda October 8, 2024
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00 p.m. on Tuesday, October 8 to the Commission at
planningcommission@cupertino.org. These e-mail comments will be received by the
commission members before the meeting and posted to the City’s website after the
meeting.
Members of the public may provide oral public comments in person during the meeting as
follows:
Comments may be made during “Oral Communications” for matters not on the agenda, and
during the public comment period for each agenda item. If you wish to provide oral
communications, please complete a speaker request card located in front of the
Commission and deliver it to staff prior to discussion of the item. When you are called,
proceed to the podium and the Chair will recognize you. Members of the public that wish
to share a document when providing oral comments may do so at the overhead projector at
the podium or email the document to planningcommission@cupertino.gov by 5:00p.m.
Documents received by email will be posted to the City website after the meeting. Please
limit your comments to three (3) minutes or less.
Teleconferencing Instructions
To address the Commission, click on the link below to register in advance and access the
meeting:
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Planning Commission Agenda October 8, 2024
Online:
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_iirlxX_VQvajrDG37DH-qg
Phone Dial: 669-900-6833 and enter WEBINAR ID: 934 5241 5784 (Type *9 to raise hand to
speak, *6 to unmute yourself). Unregistered participants will be called on by the last four
digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 934 5241 5784
SIP: 93452415784@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand,” or, if
you are calling in, press *9. Speakers will be notified shortly before their turn to speak.
4. When speaking, please limit your remarks to three (3) minutes or less and the specific
agenda topic.
5. Members of the public that wish to share a document when providing oral comments by
teleconference must email the document to planningcommission@cupertino.gov by 5:00
p.m. These documents will be posted to the City website after the meeting.
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Planning Commission Agenda October 8, 2024
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the September 10, 2024 Planning Commission minutes
Recommended Action: Approve the September 10, 2024 Planning Commission minutes
1- Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
CONSENT CALENDAR - None
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
2.Subject: Sign Exception Permit to consider a ground sign with LED lighting, and four
wall signs where only one is allowed, at an existing service station and associated
environmental review. (Application No(s): EXC-2024-002; Applicant(s): Ed Hadad;
Location: 19990 Stevens Creek Boulevard; APN: 369 05 007)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment A):
1. Approving the Sign Exception application (EXC-2024-002); and
2. Finding the project exempt from CEQA.
Staff Report
1 – Draft Resolution for EXC-2024-002
2 – Plan Set
OLD BUSINESS - None
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Planning Commission Agenda October 8, 2024
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the
Commission and for Commissioners to report on any Commission related activities they have taken part
in since the prior regularly scheduled meeting.
FUTURE AGENDA SETTING
This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future
agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be
brief and without discussion by the Commission.
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in
Planning packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100, written communications sent to the City Council, Commissioners or staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
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Planning Commission Agenda October 8, 2024
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
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CONDUCT OF BUSINESS
The Chair is the presiding officer of the Planning Commission. Any
member of the public may speak on any item on the agenda for up to
three minutes. All statements and questions must be addressed to the
Chair.
Planning Commission hearings serve as a venue for the discussion of
sometimes divergent points of view. Please respect the opinions of
others and refrain from cheering or clapping. That may delay the
meeting or intimidate other persons wishing to express alternate
views. Actions that disrupt the meeting will result in a warning,
followed by removal if disruption continues.
The proceedings of the meeting are recorded, therefore members of
the audience who address the Commission at an in-person meeting
must come to the lectern/microphone, and are requested to complete
a Speaker Card and identify themselves. Completion of Speaker Cards
and identifying yourself is voluntary and not required to attend the
meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Chair introduces
agenda item
Commissioners report any site
visits or outside communications.
Speakers submit a Request to Speak
card, and are allowed up to 3
minutes per individual.
Commissioners may ask questions of
speakers.
Chair invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
The Chair may request a motion and
a second after the close of the public
hearing. Commission then
deliberates and votes.
Chair closes the public hearing
Commissioners ask clarifying
questions.
PUBLIC HEARINGS
The Planning Commission is required by
law to hold public hearings on certain
matters prior to making its decision. Notice
to interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
Effective January 1, 2023, Government
Code Section 65103.5 (SB 1214) limits the
distribution of copyrighted material
associated with the review of
development projects. Members of the
public wishing to view plans that cannot
otherwise be distributed under SB 1214
may make an appointment with the
Planning Division to view them at City Hall
by sending an email to
planning@cupertino.org. Plans will also be
made available digitally during the hearing
to consider the proposal.
COMMISSION MEETINGS
The Planning Commission regularly meets
the second and fourth Tuesdays of each
month. Urgent business, holidays, or
election days may trigger special or
adjourned meetings. These meetings will
be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior Planning Commission meetings
are available at www.cupertino.org, or you
can purchase the items on CD.
PLANNING COMMISSION DECISION
In the event an action taken by the
Planning Commission is deemed
objectionable, the matter may be officially
appealed to the City Council in writing
within fourteen (14) days of the date of the
Commission’s decision. Said appeal is filed
with the City Clerk (CMC Section
19.12.170). Contact the City Clerk’s office
for more information or go to
www.cupertino.org/cityclerk for an appeal
form.
Chair invites
applicant/appellant
to respond to public
comments (2 min)
Commission votes
on the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Commissioners ask
questions of staff or
applicant/appellant
Chair opens the public hearing
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COMMUNICATING WITH COMMISSION
(408)777‐3308
All Commissioners:
David Fung
Seema Lindskog
Muni Madhdhipatla
Tejesh Mistry
Steven Scharf
Planning Division
City Hall
PlanningCommission@cupertino.gov
DFung@cupertino.gov
SLindskog@cupertino.gov
MMadhdhipatla@cupertino.gov
TMistry@cupertino.gov
SScharf@cupertino.gov
Planning@cupertino.gov
www.cupertino.gov (408) 777‐CITY
NEWS AND NOTICES FROM CITY HALL
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service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
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Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
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News and community information can also be found at:
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Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages,and emergency
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California Water (650) 917‐0152
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CITY OF CUPERTINO
Legislation Text
Subject: Approve the September 10, 2024 Planning Commission minutes
Approve the September 10, 2024 Planning Commission minutes
File #:24-13425,Version:1
CITY OF CUPERTINO Printed on 10/3/2024Page 1 of 1
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DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, September 10, 2024
At 6:45 p.m. Chair David Fung called the Regular Planning Commission meeting to order and
led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Chair David Fung, Vice Chair Seema Lindskog and Commissioners Muni Madhdhipatla,
Tejesh Mistry and Steven Scharf. Absent: None.
APPROVAL OF MINUTES
1. Subject: Approve the June 11, 2024 Planning Commission minutes
Recommended Action: Approve the June 11, 2024 Planning Commission minutes
MOTION: Scharf moved and Mistry seconded to approve the June 11, 2024 Planning
Commission minutes.
The motion carried with the following vote: Ayes: Lindskog, Madhdhipatla, Mistry and Scharf.
Noes: None. Abstain: Fung. Absent: None.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Jennifer Griffin discussed concerns regarding the proposal to eliminate a lane on NB De Anza
Blvd near Apple Infinite Loop Campus onto I-280.
San R asked to agendize a future agenda item to study the Palo Alto Planning and
Transportation Commission and commented about the builder’s remedy project at Vista
Heights, urging the Planning Commission to deny the project.
CONSENT CALENDAR- None
PUBLIC HEARINGS
2. Subject: Conditional Use Permit to allow an arcade use in a 1,955 square foot unit within
the Marketplace Shopping Center and associated environmental review. (Application
No(s).: U-2024-001; Applicant(s): Kiddleton, Inc.; Location: 19720 Stevens Creek
Boulevard; APN(s): 369-06-012)
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Planning Commission Draft Minutes September 10, 2024
Page 2
Recommended Action: That the Planning Commission adopt the proposed draft
resolution (Attachment 1) to approve the Use Permit (U-2024-001), which also finds the
project exempt from CEQA.
Luke Connolly, Assistant Director of Community Development introduced the item and
Senior Planner, Gian Martire gave a presentation.
Commissioners disclosed ex-parte communications prior to deliberation on this matter.
Applicant Yoshihide Murata, on behalf of Kiddleton, gave a presentation
Commissioners asked clarifying questions and made comments.
Chair Fung opened the public hearing and the following people spoke:
Jennifer Griffin
San R
Staff answered questions.
MOTION: Mistry moved and Lindskog seconded that the Planning Commission:
Adopt the proposed draft resolution (Attachment 1) to approve the Use Permit (U-2024-
001), which also finds the project exempt from CEQA.
The motion carried with the following vote: Ayes: Fung, Lindskog, and Mistry. Noes:
Madhdhipatla and Scharf. Abstain: None. Absent: None.
3. Subject: Proposed amendments to Municipal Code Chapters 19.04 (General
Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones).
(Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment 1) recommending that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
Senior Planner, Gian Martire introduced the item and gave a presentation.
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Planning Commission Draft Minutes September 10, 2024
Page 3
Commissioners asked clarifying questions and made comments.
Chair Fung opened the public hearing and the following people spoke:
Jennifer Griffin
Rhoda Fry
San R
Staff answered questions.
MOTION: Lindskog moved and Mistry seconded to:
Adopt the draft resolution (Attachment 1) recommending that the City Council adopt
an ordinance to:
1. Find that the proposed actions are exempt from the California
Environmental Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following pursuant to the Staff recommendation:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
With the following modifications:
1. Amend the proposed definition of “Farmer’s Market” to match the City of Palo
Alto’s Definition;
2. Permit outdoor seating with no limitation of 20% of authorized indoor seats, as long
as the business meets the parking requirements per Municipal Code requirements;
3. Permit entertainment uses within restaurants instead of requiring a conditional use
permit; and
4. Retain “convenience stores” as a “Use Permit - Planning Commission”
The motion carried with the following vote: Ayes: Fung, Lindskog, and Mistry. Noes:
Madhdhipatla and Scharf. Abstain: None. Absent: None.
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Luke Connolly, Assistant Director of Community Development announced a survey that the
Commission received regarding potential questions for future commissioners.
FUTURE AGENDA SETTING
None
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Planning Commission Draft Minutes September 10, 2024
Page 4
ADJOURNMENT
At 8:41 p.m., Chair Fung adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
_______________________________
Lauren Sapudar, Deputy City Clerk
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CITY OF CUPERTINO
Legislation Text
Subject:Sign Exception Permit to consider a ground sign with LED lighting, and four wall signs where only
one is allowed, at an existing service station and associated environmental review. (Application No(s): EXC-
2024-002; Applicant(s): Ed Hadad; Location: 19990 Stevens Creek Boulevard; APN: 369 05 007)
That the Planning Commission adopt the draft resolution (Attachment A):
1. Approving the Sign Exception application (EXC-2024-002); and
2. Finding the project exempt from CEQA.
File #:24-13411,Version:1
CITY OF CUPERTINO Printed on 10/3/2024Page 1 of 1
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PLANNING COMMISSION STAFF REPORT
Agenda Date: October 8, 2024
SUBJECT
Sign Exception Permit to consider a ground sign with LED lighting, and four wall signs
where only one is allowed, at an existing service station and associated environmental
review. (Application No(s): EXC-2024-002; Applicant(s): Ed Hadad; Location: 19990
Stevens Creek Boulevard; APN: 369 05 007)
RECOMMENDED ACTIONS
That the Planning Commission adopt the draft resolution (Attachment A):
1. Approving the Sign Exception application (EXC-2024-002); and
2. Finding the project exempt from CEQA.
DISCUSSION
Project Data:
General Plan Designation: Commercial /Office/ Residential
Special Area: Central Stevens Creek Blvd. (Heart of the City
Specific Plan)
Zoning Designation: P (CG, Res) Planned Development General
Commercial/Residential
Property Area: 19,917 s.f. / 0.46 acres
Building Area: 330 s.f.
Allowed Existing Proposed
Wall / Fuel Canopy Signs 1 1 3 (Canopy Signs)
1(Wall Sign)
Ground Sign 1 1 1 LED Price Sign
Project Consistency
General Plan: Yes
Zoning: Yes, with approval of exception
Environmental Assessment: Categorically Exempt
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Arco Gas Station October 1, 2024
EXC-2024-002 19990 Stevens Creek Boulevard Page 2
Background:
The project site is located at the
southeast corner of Stevens
Creek Boulevard and S. Blaney
Ave., within the Central
Stevens Creek Boulevard
Special Area within the Heart
of the City Specific Plan.
Design standards for
development on the site are
governed by the Heart of the
City Specific Plan.
The land uses surrounding the
project site consist mainly of
commercial and commercial
office uses, with medium and higher-density residential uses located south, north, and
west of the site (see Figure 1). Currently the service station is branded as Alliance Gas.
Applicant Request
The applicant/owner-operator, Ed Hedad, is requesting a Sign Exception to allow new
ground and fuel canopy signage at the soon to be rebranded Arco service station, as
follows (refer to Figure 1 above) and Plan set1 (Attachment 2):
1. One rebranded 42 square-foot, double-sided fuel price ground sign with light-
emitting diode (LED) price numerals and an internally illuminated “Arco” logo.
2. Two new 11 square-foot illuminated channel letter signs on the north and south
sides of the fuel canopy structure, each of which is accompanied by a 5.6 square-
foot logo.
3. One new 5.6 square-foot illuminated logo on the west side of the fuel canopy.
4. One new 7.5 square-foot illuminated channel letter sign on the north side of the
food mart.
The fuel canopy signs and fuel price sign require a Sign Exception since the City’s Sign
Ordinance prohibits more than one wall sign for this development and prohibits signs
1 Due to state law, the distribution of copyrighted material associated with the review of development
projects is limited. Plans have been emailed under separate cover to allow Commissioners to review the
proposed plans. Commissioners cannot share plans with outside parties, including community members.
The public may make an appointment with the Planning Division to view these plans at City Hall.
Figure 1 Satellite photo with project location identified with red
star, and locations of proposed signage.
-New Canopy
sign with logo
-LED Ground Sign
-New Logo
-New Channel
Letter Wall Sign
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Arco Gas Station October 1, 2024
EXC-2024-002 19990 Stevens Creek Boulevard Page 3
with directly visible light sources (which includes LED lighting), respectively (Section
19.104.140 and 19.104.220 (F)).
Analysis:
Wall Signs and Logos
While the City’s Municipal Code has regulations specific to gasoline station signs, when
canopy signs are proposed, these default to the wall sign provisions applicable to
commercial businesses in general. These latter regulations address the signage needs of
commercial businesses that are either on stand-alone pads or a part of a multi-tenant
shopping center. Increasingly, gas stations are demonstrating a need for signage different
from conventional commercial businesses, due to their location near street intersections,
the unique building/structure arrangements with regards to the fueling stations and
convenience stores, and to brand themselves similar to gasoline stations in adjoining
jurisdictions, where such signage is allowed.
As such, several other gas stations throughout the City have received Sign Exceptions or
approvals for additional wall and/or canopy signs like those requested here:
Company/Address
(Permit No.) Canopy Signs Wall Signs Ground
Sign
Arco/19990 Stevens Creek Blvd.
(EXC-2024-002) - Proposed 3 (illuminated) 1 (illuminated) Yes
76 / 10490 S. De Anza Blvd.
(EXC-2023-010) 1 (illuminated) 1 (illuminated) Yes
Valero / 1699 S. De Anza Blvd.
(EXC-2019-002) 3 (illuminated) 1 (non-illuminated)
1 (illuminated) Yes
Shell / 20999 Stevens Creek Blvd.
(EXC-2014-11) 2 (illuminated) 3 (illuminated) Yes
Chevron / 11010 N. De Anza Blvd.
(DIR-2007-09) 3 (illuminated) 1 (illuminated) Yes
76 / 10275 N. De Anza Blvd.
(EXC-2006-05) 2 (illuminated) 1 (non-illuminated) Yes
Chevron / 10023 S. De Anza Blvd.
(DIR-2007-10) 2 (illuminated) 1 (illuminated) Yes (2)
Chevron / 10023 S. De Anza Blvd.
(EXC-1998-02) 2 (illuminated) 1 (illuminated) Yes (2)
The applicant is requesting a Sign Exception to allow two new canopy signs (with logos)
on the north and south canopy faces, one new stand-alone illuminated logo on the west
side of the canopy, and one new 7.5 square-foot illuminated channel letter sign on the
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Arco Gas Station October 1, 2024
EXC-2024-002 19990 Stevens Creek Boulevard Page 4
north side of the food mart. The total of all new wall signs is 46.9 square feet, far below
the maximum allowed cumulative sign area of 200 square feet for wall signs for
commercial businesses per the City’s Municipal Code.
An exception is required to allow the three canopy signs and one wall sign proposed,
where only one is otherwise permitted. The proposed signs are located entirely on the
existing canopy and food mart and are well-proportioned to the scale of the structures.
Moreover, they are not excessively descriptive and are compatible with the overall design
aesthetic of the service station.
Conditions of approval have been added to ensure that the proposed signs meet the
illumination restrictions identified in Section 19.104.230 of the Municipal Code. These
standards include that the illumination of the signs does not exceed 250 foot -lamberts
and that, generally, the illumination of the signs will not result in offsite or excessive
glare. A condition of approval that requires the illumination levels be verified following
installation has been included as part of the proposed resolution.
Fuel Price LED Signage
The City’s Sign Ordinance does not specifically address exposed LED signage on fuel
price ground signs. Therefore, under current ordinance provisions, LED fuel price
signage is permitted only through a Sign Exception since it has a directly visible light
source and is not considered a permanent, durable material. The restrictions against
directly visible light sources are intended to limit glare, the intensity of illumination, and
to minimize distractions to motorists, bicyclists, pedestrians, and residents living in the
vicinity of the illuminated sign. The requirement for high quality, durable material in
changeable sign copy is intended to avoid unsightly, low-quality signage that would
diminish the City’s aesthetic appearance.
As proposed, the LED numerals would be equipped with an automatic brightness control
that would be adjusted based on ambient light conditions. The signs differ from electronic
reader board signs in that they do not include periodically (or frequently) changing or
animated messages. The proposed LED numerals would remain static, except for when
the price of gasoline changes (typically once or twice per day). The LED numerals will
enhance convenience by allowing the service station operator to automate fuel pric e
updates and not have to manually change individual numerals, like the existing plastic
numerals on the ground sign. The LED numerals feature crisp, energy efficient
illumination with similar lighting intensity as internally illuminated plastic letters. T he
proposed opaque background of the sign will further reduce light glare.
Four other gas stations, specified below, have obtained Sign Exceptions for similar LED
ground fuel signs and it is anticipated that the number of Sign Exception applications
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Arco Gas Station October 1, 2024
EXC-2024-002 19990 Stevens Creek Boulevard Page 5
will continue for this type of signage due to the convenience, sustainability and
readability of LED fuel price lighting, which has become the industry standard:
1. 76 Service Station (EXC-2023-010) – 10490 S. De Anza Blvd.
2. Valero (EXC-2019-002) – 1699 S. De Anza Blvd
3. Valero (EXC-2014-01) – 10002 N. De Anza Blvd
4. Shell (EXC-2014-11) – 20999 Stevens Creek Blvd
Conditions of approval have been added to the draft resolution to ensure that the
illumination guidelines in Section 19.104.230 of the Sign Ordinance for the cumulative
impacts of all illuminated ground and wall signs onsite are followed to reduce glare and
potential distraction to motorists, bicyclists, and pedestrians.
In summary, as set forth in the accompanying resolution, the reasons stated above
support the findings that are necessary for granting an exception to the Sign Ordinance.
Cupertino Municipal Code Findings
The Cupertino Municipal Code includes ‘findings’ for approval of various permits
necessary to approve the proposed project. These provide a framework for making
decisions and facilitating an orderly analysis of the review of a project. Listed below are
the findings for the Sign Exception sought by the applicant that the City must make in
rendering a decision whether to grant a Sign exception on this project.
Sign Exception (CMC 19.104.290)
1. That the literal enforcement of the provisions of the Sign Ordinance will result in
restrictions inconsistent with the spirit and intent of the ordinance.
The project is consistent with the intent of the Sign Ordinance in that it provides
architectural and aesthetic harmony with the building/canopy design and provides good
visibility for the public and the needs of the business while minimizing distraction to the
pedestrian, bicyclist, and motorist. The LED numerals function similar to the existing plastic
numerals in that they change depending on fluctuations in fuel pricing. Additionally, the
City’s Municipal Code Chapter 19.104 Signs has allowances for multiple wall signs and non-
illuminated logos with a cumulative area of nine square feet.
2. That the granting of an exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare.
The proposed signs will not be detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety, or welfare. The project includes
automatic dimming technology to reduce glare and will not include animated messages.
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3. That the exception to be granted is one that will require the least modification of the
prescribed design regulations and the minimum variance that will accomplish the
purpose.
The strict application of the ordinance standards would not allow the new indus try-standard
of using LED technology similar to other service stations in the City and throughout the
region. The proposed additional signs are cumulatively smaller in area than the maximum
allowed for any one business and are similar to the previous sign exception approvals for gas
stations. The illumination intensity, appearance and location, relative to the public right-of-
way, of the proposed signs would not create distractions for pedestrians, bicyclists and vehicles
nor would it negatively impact the City’s aesthetic appearance.
Environmental Review
This project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) per Sections 15301: Existing Facilities
PUBLIC NOTICING AND COMMUNITY OUTREACH
The following table is a summary of the noticing done for this project:
Notice of Public Hearing and Intent, Site
Notice & Legal Ad
Agenda
Site Signage (14 days prior to the hearing)
Legal ad placed in newspaper (at least 10 days
prior to the hearing)
9 public hearing notices mailed to property
owners adjacent to the project site (10 days
prior to the hearing)
Posted on the City’s official notice
bulletin board (one week prior to the
hearing)
Posted on the City of Cupertino’s
website (one week prior to the
hearing)
No public comments have been received as of the date of production of this staff report
(October 3, 2024).
NEXT STEPS
Should the project be approved, the Planning Commission’s decision on this project is
final unless an appeal is filed within 14 calendar days of the date of the decision. All
approvals granted by the Planning Commission shall go into effect after 14 days.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved by: Luke Connolly, Assistant Director of Community Development
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ATTACHMENTS:
1 – Draft Resolution for EXC-2024-002
2 – Plan Set
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2024-
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A SIGN EXCEPTION TO ALLOW A GROUND SIGN
WITH LED LIGHTING AND THREE CANOPY WALL SIGNS AND
ONE WALL SIGN AT AN EXISTING SERVICE STATION
LOCATED AT 19990 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2024-002
Applicant: Ed Hedad
Location: 19990 Stevens Creek Boulevard; APN: 369 05 007
SECTION II: FINDINGS FOR A SIGN EXCEPTION:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Sign Exception (EXC-2024-002) to allow a ground sign with LED lighting, three
canopy signs (two with illuminated logos) and one wall sign where only one wall sign is
allowed at an existing service station;
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, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301: Existing
Facilities for the reasons set forth in the staff report dated May 28, 2024 and
incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application, with the modification of the scope to only allow for a ground sign with LED
lighting, three canopy signs (two with illuminated logos) and one wall sign, as detailed
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in the staff report and indicated in proposed plans and as discussed at the October 8,
2024 Planning Commission hearing; and
1. That the literal enforcement of the provisions of the Sign Ordinance will result in
restrictions inconsistent with the spirit and intent of the ordinance.
The project is consistent with the intent of the Sign Ordinance in that it provides
architectural and aesthetic harmony with the building/canopy design and provides good
visibility for the public and the needs of the business while minimizing distraction t o the
pedestrian, bicyclist, and motorist. The LED numerals function similar to the existing plastic
numerals in that they change depending on fluctuations in fuel pricing. Additionally, the
City’s Municipal Code Chapter 19.104 Signs has allowances for multiple wall signs and non-
illuminated logos with a cumulative area of nine square feet.
2. That the granting of an exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare.
The proposed signs will not be detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety, or welfare. The project
includes automatic dimming technology to reduce glare and will not include animated
messages.
3. That the exception to be granted is one that will require the least modification of
the prescribed design regulations and the minimum variance that will accomplish
the purpose.
The strict application of the ordinance standards would not allow the new indus try-standard
of using LED technology similar to other service stations in the City and throughout the
region. The proposed additional signs are cumulatively smaller in area than the maximum
allowed for any one business and are similar to the previous sign exception approvals for gas
stations. The illumination intensity, appearance and location, relative to the public right -of-
way, of the proposed signs would not create distractions for pedestrians, bicyclists and
vehicles nor would it negatively impact the City’s aesthetic appearance.
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 the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption applies
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Resolution No. 2024- EXC-2024-002 October 8, 2024
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to existing facilities that involve negligible or no expansion of existing or former use.
Therefore, the proposed project would not involve the expansion of the former use
(Section 15301, Class 1), will not significantly expand the use beyond the current use
that already exists or previously existed, and will not have a significant effect on the
environment.
2. Approves the application for a Sign Exception, Application no. EXC-2024-002 subject
to the conditions which are enumerated in this Resolution beginning on PAGE 3
thereof. The conclusions and sub conclusions upon which the findings and
conditions specified in this resolution are based, including those contained in the
Public Hearing record concerning Application no. EXC-2024-002 as set forth in the
Minutes of Planning Commission Meeting of October 8, 2024, are hereby
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, “Arco 19990 Stevens Creek Boulevard,
Cupertino California 95014” drawn by Trac, Inc., consisting of 4 sheets labeled SN1-
SN2, as well as plan set dated October 18, 2023 entitled “ARCO” drawn by Sign
Resource, Inc., consisting of 9 sheets labeled 1-9; except as may be amended by
conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or construction
records. Any misrepresentation of any property data may invalidate this approval
and may require additional review.
3. BUILDING PERMITS REQUIRED
The applicant shall consult with the City’s Building Division to obtain the necessary
sign permits for this project.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
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5. EXCEPTION APPROVAL
A Sign Exception is hereby granted to allow LED gasoline price signage to the
proposed fuel price ground sign, two illuminated canopy signs (with illuminated
logos), one illuminated logo on the canopy, and one illuminated wall sign at the
food store.
6. ILLUMINATION INTENSITY
The intensity of each sign shall not exceed 250 foot-lamberts. A note acknowledging
this condition of approval shall be incorporated in the building permit plans.
7. LED SIGN REQUIREMENTS
The following requirements shall apply to the LED fuel price signs:
a. The signs shall not display animated messages, including flashing, blinking,
fading, rolling, shading, dissolving, or any other effect that gives the
appearance of movement.
b. The signs shall not include any audio messages.
c. The signs shall utilize automatic dimming technology to adjust the brightness
of the signs relative to ambient light so that at no time shall a sign exceed a
brightness level of three-tenths foot candles above ambient light, as measured
using a foot candle (Lux) meter aimed directly at the sign face at a distance of
100 feet from the sign.
d. An ambient light measurement shall be taken using a foot candle meter at
some point between the period of time between 30 minutes past sunset and 30
minutes before sunrise with the sign turned off to a black screen.
e. Immediately following the ambient light measurement taken in the manner
required above, an operating sign light measurement shall be taken with the
sign turned on.
f. The difference between the ambient light measurement and the operating sign
light measurement shall be three tenths foot candles or less.
g. The signs shall contain a default mechanism that will cause the sign to revert
immediately to a black screen if the sign malfunctions.
h. The LED copy may only contain fuel price numerals.
i. The signs shall comply with Section 13532 of the State of California Business
and Professions Code and all other State regulations regarding LED signage.
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8. LIGHTING INTENSITY VERIFICATION
Prior to final inspections of sign permits, a licensed lighting engineer shall confirm
that the lighting intensity is in compliance with the conditions of approval in this
resolution and the requirements of Municipal Code Chapter 19.104.
9. HOURS OF SIGN ILLUMINATION
All exterior signage shall be on an automatic timer programmed to turn off at 11:00
p.m. This shall be demonstrated clearly on all building permit plans.
10. SIGN EXCEPTION REVIEW/ADDITIONAL RESTRICTIONS
If complaints are received related to the intensity of the signage under this Sign
Exception, and the complaints are not addressed immediately by the property
management, then the Planning Commission shall conduct a public hearing on the
Sign Exception at which time, the approval for signage may be modified or revoked.
The City reserves the right to require additional measures to reduce lighting
intensity of all other signage if deemed necessary.
11. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
12. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during the nighttime period as defined in Section 10.48.053(b)
of the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are
not allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
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Night time construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated.
13. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail to off-site businesses and residents within 500 feet
of the project site. The City will provide a template notice and mailing addresses for
the Applicant’s use. The notice must be approved by City staff prior to sending. The
project applicant shall provide the City with evidence of mailing of the notice, upon
request.
Please note that, if pile driving, the requirements for noticing and monitoring
outlined in City Code Section 17.04.050 G (3) shall apply.
14. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least four feet by six feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City’s and contractor’s authorized representatives
that are assigned to respond in the event of a noise or vibration complaint;
and
d. Contact information for City’s and contractor’s authorized representatives
that are assigned to respond in the event of a complaint related to fugitive
dust, pursuant to the requirements for compliance with BAAQMD’s CEQA
Air Quality Guidelines.
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If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
15. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a
Construction Noise Control Plan to the City’s Planning Department for
review and approval prior to issuance of the first permit. The Construction
Noise Plan shall demonstrate compliance with daytime and nighttime decibel
limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino
Municipal Code. The details of the Construction Noise Control Plan shall be
included in the applicable construction documents and implemented by the
on-site Construction Manager. Noise reduction measures selected and
implemented shall be based on the type of construction equipment used on
the site, distance of construction activities from sensitive receptor(s), site
terrain, and other features on and surrounding the site (e.g., trees, built
environment) and may include, but not be limited to, temporary construction
noise attenuation walls, high quality mufflers. During the entire active
construction period, the Construction Noise Control Plan shall demonstrate
that compliance with the specified noise control requirements for construction
equipment and tools will reduce construction noise in compliance with the
City’s daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior
to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use
of noise producing signals, including horns, whistles, alarms, and bells will be
for safety warning purposes only. The construction manager will use smart
back-up alarms, which automatically adjust the alarm level based on the
background noise level or switch off back-up alarms and replace with human
spotters in compliance with all safety requirements and law.
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16. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.040 Outdoor
Lighting Requirements. In the event changes are proposed from the approved plans,
said changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code.
17. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District’s
Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
18. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim, action,
cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively
referred to as “proceeding”) brought by a third party against one or more of the
indemnified parties or one or more of the indemnified parties and the applicant
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project. The indemnification shall
include but not be limited to damages, fees, and costs awarded against the City, if
any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel and shall include
City Attorney time and overhead costs and other City staff overhead costs and any
costs directly related to the litigation reasonably incurred by City. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified parties
from and against any damages, attorneys’ fees, or costs awards, including attorneys’
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Resolution No. 2024- EXC-2024-002 October 8, 2024
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fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded
against the indemnified parties. The Applicant shall cooperate with the City to enter
a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
19. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
PASSED AND ADOPTED this 8th day of October, 2024, 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:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh David Fung
Planning Manager Chair, Planning Commission
PC 10-08-2024
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Cupe rtino
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SIGNAGE SUMMARY
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SCOPE OF WORK:
Re -branding existing Alliance gas station to
ARCO gas station. Reface existing price sign
from Alliance to Arco pricer, re-brand Alliance
canopy to Arco canopy . Remove Snack shop
decal from C-store & add Food mart channel
letters. Change out existing Alliance valances
to Arco.
SITE PLAN:
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PC 10-08-2024
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