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Reso 6569 MCA-2009-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6569 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE THE PROPOSED MUNICIPAL CODE AMENDMENT TO CHAPTER 17 FOR A COMPREHENSIVE SIGN ORDINANCE UPDATE. The Planning Commission finds the proposed amendments to Chapter 17: Signs as presented in Attachment 1. PASSED AND ADOPTED this 22nd day of September 2009, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Brophy, Miller, Kaneda NOES: COMMISSIONERS: Lee ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPRO � (, � __.__ . �:__-- � Aarti Shrivastava '� ' , h rperso Director of Community Development Planning Commission G:�Planning�PDReport�Res�2009�MCA-2009-01.doc City of Cupertino Draft(Revised 9/16/09) 1 ORDINANCE NO. 09-20XX TTI�CITY COUNCIL OF THE CITY OF CUPERTINO DOES�iEREBY ORDAIl�T that the following sections of the Cupertino Municipal Code shall be amended to read as follows TITLE 17: SIGNS�' Chapter 17.04 General Provisions 17.08 Definitions � 17.12 Administrative Procedures 17.16 Exempt Signs 17.20 Prohibited Signs 17.24 Sign Regulations . 17.32 Temporary Signs-Regulations 17.44 Sign Exceptions 17.52 Compliance and Enforcement * Prior Ordinance History: Ords. 746, 894, 1208, 1320 and 1414. CHAPTER 17.04: GENERAL PROVISIONS Section . 17.04.010 Short title. � 17.04.020 Purpose and intent. 17.04.010 Short Title. Chapters 17.04 through 17.54 of this title, shall hereafter be known and cited as the "sign ordinance." (Ord. 1624, (part), 1993) � 17.04.020 Purpose and Intent. A. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic appearance of the City. B. A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the _ community. C. The City has adopted this title, with the intent to: 2-12 � City of Cupertino Draft(Revised 9/16/09) _ 2 1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping; 2. Provide 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; 3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify; 4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses; 5. Provide procedures which will facilitate the efficient processing of sign applications; and 6. Provide design criteria which will promote attractive and effective signs for Cupertino residents,businesses, employees and visitors. (Ord. 1624, (part), 1993; Ord. 1987, (part), 2006) CHAPTER 17.08: DEFINITIONS Section 17.08.010 Definitions. 17.08.010 Definitions. . "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service,but without name identification. "Alteration" means any permanent change.to a sign. "Animated sign" means any sign which projects action,motion or the illusion thereof, changes intensity of illumination or changes colors, including the likes of balloons,barulers and flags, and blowing or air-powered attractions,but excluding electronic readerboard signs and signs that.display the current time or temperature. "Architectural projection" means any permanent extension from the structure of a building, including the likes of canopies, awnings and fascia. "Banner" means a temporary advertising display consisting of fabric, canvas,plastic or paper material which is attached to a building,vehicle,pole or other form of support. "Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face , of the sign in a plane perpendicular to the plane of the building wall. "Building frontage" means the length or the surface of the building wall which faces, and is visible to the general public from, a public right-of-way. 2-13 City of Cupertino Draft(Revised 9/16/09) ' 3 "Changeable copy sign" means any sign, or portion thereof,which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs,but excluding electronic readerboard signs and signs which display the current time or temperature. "Change of face" means any changes to the letter style, size, color,background, or message. "Commercial district" means an area of land designated for commercial use in the current Cupertino General Plan. "Community organization" mearis a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses located therein. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. "Corner triangle" means a triangular-shaped area of land adjacent to an intersection of public rights-of-way,as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. Unobstructed views over these areas are essential to the public safety for bicyclists, motorists and pedestrians. (See Appendix A-4,Cupertino Standard Detail 7-2;Corner Triangle--Controlled Intersections, and A-5, Cupertino Standard Detail7-4; Corner Triangle--Uncontrolled Intersections for details.) _ "Decorative statuary" means any structure or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Development Identification Sign" means a ground sign at the major entry to a residential development with tweniy units or more meant to identify the name and address of the development. "Directional sign" means any sign which primarily displays directions to a particular area, location or site. "Director" means the Director of Community Development for the City or any authorized representative thereof. "Directory sign" means any outdoor listing of occupants of a building or group of buildings. ' "Driveway" means any driveway that provides a business direct access across the subject properties property lines to a public or private street. "Electronic readerboard sign" means an electronic sign intended for a periodically- changing advertising message. "Flag" means any fabric,banner, or bunting containing distinctive colors,patterns, or symbols,used as a symbol of a government,political subdivision, or other entity. "Flag lot" means a lot having access to a street by means of a driveway or parcel of land not otherwise meeting the requirements of Title 19 of the Cupertino Municipal Code for lot width. 2-14 City of Cupertino Draft.(Revised 9/16/09) 4 "Foot-lambert" means a unit measurement of the brightness of light transmitted through or reflected from an object or surface. "Freeway" means any public roadway so designated by the State of California. "Freeway oriented sign" means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. "Gasoline service station" means any place of business which offers for sale any motor vehicle fuel to the public. "Ground sign" means any sign permanently affixed to the ground and not supported by a building structure.The height of such sigrts shall be measured from the grade of the adjoining closest sidewalk to the top of the sign including trim. "Identification sign" means any sign whose sole purpose is to display the name of the site and the names of the occupants, their products or their services. "Illegal sign" means any sign or advertising statuary which was not lawfully erected, maintained, or was not in conformance with the provisions of this title in effect at the time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. "Illuminated sign" means any sign utilizing an artificial source of light to enhance its visibility. "Industrial district" means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Informational sign" means any sign which promotes no products or services,but displays service or general information to the public, including the likes of hours of operation,rest room identifications and hazardous warnings. "Institutional district" means all BQ,PR,FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan. "Interior lot" means a lot other than a corner lot. "Landmark sign" means an existing, legal non-conforming ground sign that has a distinctive architectural style. "Nonconforming sign" means any sign or advertising statuary that was legally erected and had obtained a valid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title. "Obsolete sign" means any sign that displays incorrect or misleading information, � ' promotes products or services no longer available at that site or identifies departed occupants. 2-15 City of Cupertino Draft(6.�vised 9/16/09) 5 "Off-site sign" means any sign not located on the premises of the business or entity ` indicated or advertised by the sign. This definition shall include billboards, poster panels,painted bulletins and other similar advertising displays. "Office district" means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA zone or which are designated for offices on the general plan. "On-site sign" means a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. "Pennant" means any lightweight plastic, fabric, or other material,whether or not containing a message of any kind, suspended from a rope, wire, or string,usually 'v.z a series, designed to move in the wind. "Political sign" means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. "Portable Sib or Display" means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, flower carts, statues, and other similar devices used for advertising as determined by the Director. _ "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of con.struction, including the likes of the project name, developers,owners and operators, completion dates, availability and occupants. "Projecting sign" means any sign other than a wall sign that is attached to and projects from a structure or building face or wall. "Promotional Device" means any sign, display,fixture,placard,vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Real estate sign" means a temporary sign indicating that a particular premises is for sale, lease or rent. "Residential district" means the R1, RHS, R2, R3, R1C,A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. "Roof sign" means a sign erected between the lowest and highest points of a roof. � "Shopping center" means a retail entity encompassing three or more tenants within a single building or group of buildings,but within which individual business located in defined tenant spaces are owned and managed separately from the shopping center management. � 2-16 City of Cupertino Draft(Revised 9/16/09) 6 "Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail 7-6. (See Appendix A-6, Cupertino Standard Detail; Sidewalk Site Triangle -- (Sidewalk Clearance at Driveway) "Sign" means any device, fixiure,placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. "Sign Area." The sign area for an individually lettered sign without a Uackground is measured by enclosing the sign copy with a continuous perimeter in simple rectilinear forms._(See Append.ix A-2 for examples of sign area calculation) The sign area for a sign with borders and/or background is measured by enclosing the exterior limits of the border or background with a single continuous perimeter. The necessary supports uprights and/ or the base, on which such sign is placed, shall be excluded from the sign area. When a sign is separated by thirty-six inches or more, the area of each part may be computed separately. ' "Site" means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map,which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event" means a temporary promotional event including,but not limited to, a special sale on merchandise or services, or grand openings. "Special Event Banner" means any temporary sign constructed of pliable materials such as canvas, fabric,vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. "Street frontage" means the length of a site along or fronting on a public or private street, driveway or other principal thoroughfare,but does not include such length along an alley, watercourse,railroad right-of-way or limited access roadway or freeway. "Temporary Sign" means any sign, display,banner or promotional device which is maintained only during the allowable business hours or for limited time periods as specified by the Director of Community Development. "Trim;' means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to the sign. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, wifih one common edge and which appears as the letter V when viewed - �� directly from above. 2-17 City of Cupertino Draft(Revised 9/16/09) 7 "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as having a valid license plate. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to the wall. "Window sign" means any sign displayed in or painted on a window facing a public street,parking lot,pedestrian plaza or walkway accessible to the public. Displayed in means a sign that is clearly intended to be vi.sible from an adjacent street. (Ord. 2030, (part),2008; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) CHAPTER 17.12: ADMINISTRATIVE PROCEDURES Section 17.12.010 Conformity with provisions required. 17.12.020 Permit-Required. 17.12.030 Signs requiring Planning Commission review. 17.12.040 Application-Form and contents. 17.12.060 Application-Review criteria. � 17.12.070 Sign modification-Authority. 17.12.080 Permit-Issuance by Building Division-Installation information. 17.12.090 Appeals and exceptions. _ 17.12.100 Inspection requirements. 17.12.110 Summary of application approval process. 17.12.120 Revocation of sign approval-Authority. 17.12.130 Grounds for r�vocation. � 17.12.140 Hearings—Notice. 17.12.010 Conformity with Provisions Required. It is unlawful for a sign to be placed,erected,moved, reconstructed or altered unless made to comply with the provisions of this title. (Ord. 1624, (part), 1993) 17.12.020 Permit—Required. All signs which are not exempted by Chapter 17.16 require a sign permit to be approved by the Director. The Director shall review and submit to the applicant a decision within thirty calendar days from receiving an application for a sign. (Ord. 1624, (part), 1993) . . 2-18 City of Cupertino Draft(Revised 9/16/09) _ 8 17.12.030 Signs Requiring Planning Commission Review. Electronic readerboard sign.s and freeway oriented signs shall require approval from the Planning Commission prior to the Director issuing a sign permit. In regard to these signs only, the Planning Commission's decision is final unless appealed in accordance � with Section 17.44.080. (Ord. 1987, (part),2006; Ord. 1624, (part), 1993) 17.12.040 Application-Form and Contents. An application for sign approval shall be made on a form specifying type,number of exhibits and filing fees by the Director and shall be signed by the property owner or a duly authorized agent. 'The application shall contain information regarding the size, color and samples,illumination intensity and type, materials,number, location, type of signs, and the location of the business on the site and any other additional information as may be deemed necessary by the Director. (Ord. 1624, (part), 1993) 17.12.060 Application-Review Criteria. The Director, Design Review Committee or the Planning Commission, as the case . may be, shall review the sign application to ensure: A. That the proposed sign meets the requirements of this title or any special conditions imposed in the development by the Planning Commission or City Council; B. That the proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets; and C. That the sign is in conformance with the Design Criteria in Section 17.24.180 of this Title. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) � 17.12.070 Sign Modification-Authority. The Director, Design Review Committee or Plarmuzg Commission, as the case may be, shall have authority to require modification of the sign to ensure that it meets the criteria stated in Section 17.12.060. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.080 Permit-Issuance by Building Division-Installation information. Upon approval by the Director, Design Review Committee or Planning Commission, as the case may be,the applicant shall obtain a building permit. Additional information related to the building code may be required by the Building Official concerning the installation of the sign. (Ord. 1987, (part}, 2006;Ord. 1624, (part), 1993) 2-19 City of Cupertino Draft(Revised 9/16/09) 9 17.12.090 Appeals and Exceptions. Applicants who wish to appeal a decision of the Director,the Design Review Committee or the Planning Commission, or those who wish to apply for an exception� shall do so under the provisions of Chapters 17.44 and 17.52 of this title. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.100 Inspection Requirements. , A. A person erecting, altering or relocating a sign shall notify the Director upon completion of the work for which permits have been issued to ensure that the sign has been installed as specified. B. The Building Inspector or Planner shall have the authority to review the light intensity of all illuminated signs with the power to require reduction of the light intensity to ensure that the sign's illumination does not exceed the illumination standards as regulated by Section 17.24.190. (Ord. 1624, (part), 1993) 17.12.110 Summary of Application Approval Process. � Appendix A-1, Sign Application Approval Process Flow Chart summarizes the application approval process. (Ord. 1624, (part), 1993) � 17.12.120 Revocation of Sign Approval A. The decision making Uody that originally approved the sign being considered for revocation shall have the authority to revoke it on the basis of one or more the following grounds: 1. Fraud or misrepresentation by the applicant with respect to any information contained in his or her approved application or with respect to any other information provided by the city. 2. Failure of the applicant to meet or abide by any condition imposed upon approval. 3. Failure of the applicant to utilize the approval within one year of its issuance. 4. Abandonment of the sign for a period of thi.rty days. (Ord. 1624, (part), 1993) B. Written notification shall be provided to the applicant of a sign approval being corisidered for revocation prior to holding a public hearing. (Ord. 1624, (part), 1993) CHAPTER 17.16: EXEMPT SIGNS Section . 17.16.010 Certain signs exempt from permit requirements. 2-20 City of Cupertino Draft (Revised 9/16/09) 10 17.16.010 Certain Signs Exempt from Permit Requirements. The following signs do not require a permit from the City,providing they comply with the following regulations: A. Directory Signs. Directories located within the interior of a project which are not oriented to a public street; B. Garage Sale Signs. Garage sale signs subject to the limitations in Section 17.32.030 and Chapter 5.16 of this code; C. Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; D. Identification Signs. Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, located on portions of a building, shopping mall or office complex; E. Information Signs. Informational or directional signs which are located entirely on the property to which they pertain and are less.than four square feet in area. No more than 33% of the sign area of each sign can be devoted toward business identification of the business located on the property; F. Temporary Political Signs. Temporary political signs subject to the limitations in Section 17.32.040; G. Public Notices. Public notices or posters as legally required by a government agency; H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs, subject to the limitations in Section 17.32.060; I. Sale, Rent or Leasing Si�ns. Sale, rent or leasing signs subject to the limitations in Section 17.32.070; J. Street Address Numbers. Address numbers in all districts,providing they are not meant as an advertising mechanism; K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religious orders or historical agencies,provided that such signs are placed on or cut into the structure are not internally illu.minated, and do not exceed nine square feet in area; L. Window Signs. Window signs subject to the limitafions in Sections 17.24.090 and 17.32.100. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations; M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus shelters; N. Civic Event Signs. Civic and/or City-sponsored events signs on City property; : 2-21 City of Cupertirto Draft(Revised 9/16/09) 11 O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including state lottery and certified smog station signs; P. Pedestrian Oriented Blade Signs. Blade signs that are not internally illuminated. Such signs shall be less than 6.5 square feet in area and installed at a height between eight feet and iwelve feet above pedestrian walkways. (Ord. 1987, (part), 2006; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993) CHAPTER 17.20: PROHIBITED SIGNS Section 17.20.010 Prohibited signs designated. 17.20.010 Prohibited Signs Designated. . � The following signs are not permitted in the City: A. Advertising Statuary; B. Animated Signs. Animated signs except for banners, flags, pennants and balloons permitted on a temporary basis as regulated in Chapter 17.32, and electronic readerboard signs as permitted in Section 17.24.080; C. Audible Signs. Advertising displays which emit audible sound, odor or visible matter; D. Off-site Signs. Any off-site sign except as may be permitted in Chapter 17.32; E. Portable Signs. Portable signs except as may be permitted in Chapter 17:32; F. Roof Signs. Any permanent roof sign; G. Traffic Conflict Signs. Signs which because of color,wording, design, location or illumination resemble or conflict with any traffic-control device or with the safe and efficient flow of traffic; H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private property which is visible from a public right-of-way,which has affixed to it a sign which is intended to attract or direct customers to a business on or near the property is prohibited. This subsection is not intended to apply to standard advertising or identification practices where such advertising displays are painted on or permanently attached to a business or commercial vehicle which is actively being used by the business unless the vehicle is in violation of the parking ordinance (Chapter 19.100 of the Cupertino Municipal Code). (Ord. 1624, (part), 1993) " 2-22 City of Cupertino Draft(Revised 9/16/09) 12 CHAPTER 17.24: SIGN REGULATIONS Section � 17.24.010 Intent and applicaUility of provisions. 17.24.020 Sign program � 17.24.040 Signs in special plaru�ing districts. 17.24.050 Wall signs 17.24.060 Permanent window signs, Blade signs & Logos, symbols or insianias 17.24.070 Ground signs 17.24.080 Gasoline station signs 17.24.090 Electronic readerboard signs, Changeable copy signs,Neon &light- emitting diode (LED) signs,Decorative statuary & Beverage container � recycling signs 17.24.100 Signs in or near residential districts 17.24.120 Landmark Sign.s 17.24.180 Design criteria. 17.24.190 Illumination restrictions. 17.24.210 Obstructions prohibited. 17.24.250 Construction and maintenance specifications. 17.24.260 Summary of regulations for signs according to districts. 17.24.010 Intent and Applicability of Provisions. The regulations in this chapter are intended to govern the number, size, location and design of signs within various land use districts of the City. (Ord. 1624, (part), 1993) 17.24.020 Sign Program A. Applicability. l. All developments in a commercial, office, industrial, institutional, or residential district,with four or more tenant spaces on the same parce�, shall adopt a comprehensive sign program to encourage creativity and ensure high quality in the design and display of multiple permanent. 2. The adoption of a sign program shall be required at the time of the initial construction of a new project. Existing developments in the City which do not have a comprehensive sign program shall be required to adopt one when the first tenant in the project requests a change of face as defined in this title. Thereafter, all subsequent changes of face in the project shall be required to conform to the adopted program. � 2-23 City of Cupertino Draft(Revised 9/16/09) 13 B. Application Requirements. On any commercial, office or industrial site, or building requiring a sign program, the owner shall submit to the Director a sign program application containing the following: 1. An accurate plot plan of the site showing the location of buildings,parking lots, driveways, and landscaped areas on the lot, at such scale as the Director may reasonably require; 2. Computation of the proposed maximum total sign area,the proposed maximum area of individual signs, allowed maximum total sign area, allowed maximum are of individual signs, the height of signs and the number of freestanding igns; and 3. Specifications with regard to: a. Sign type (individual channel letters,wood signs, etc.); b. Lighting; c. Location of each sign on the buildings; d. Materials; e. Sign proportions; f. Any other pertinent information as required by the Director. C. Findings. The Director of Community Development may approve a Sign Program � if the following findings are made: 1. The Sign Program complies with the purpose of this Chapter; 2. Proposed signs are creative, and are in harmony with the structures they identify, other signage on the site, and the surrounding development; 3. The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. D. Minor modifications to the requirements of this Chapter may be permitted, provided that the proposed Sign Program satisfies the following criteria in addition to 17.24.020C: 1. Special circumstances, unique to the site and building locations,exist that require a modification from the standards in this Chapter 2. Demonstrates unique design and exhibits a high degree of imagination, inventiveness, spirit, and thoughtfulness 3. Provides high quality graphic character through the imaginative use of color, graphics,proportion, quality materials, scale, and texture � (Ord. 1624, (part), 1993) 2-24 City of Cupertino Draft(Revised 9/16/09) _ 14 17.24.040 Signs in Special Planning Districts. Any business regulated by the Monta Vista Design Guidelines, Heart of the City � Specific Plan or any area regulated by a specific plan shall be subject to the sign regulations contained within those plans. For all sign regulations not addressed in the Special Planning District plans,the requirements of this chapter will apply. (Ord. 1624, (part), 1993) 17.24.050—Wall Signs. Table 17.24.050 sets forth the rules, regulatiorts and processing applicable to wall signs. 17.24.060—Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. Table 17.24.060 sets forth the rules, regulations and processing applicable to Permanent Window Signs,Blade Signs & Logos, Symbols or In.signias. 17.24.070— Ground Signs. Table 17.24.070 sets forth the rules,regulations and processing applicable to Ground Signs. 17.24.080— Gasoline Station Signs. � Table 17.24.080 sets forth the rules,regulations and processing applicable to Gasoline Station Signs. 17.24.090 - Electronic Readerboard Signs, Changeable Copy Signs, Neon &Light- emitting Diode (LED) Signs, Decorative Statuary and Beverage Container Recycling Signs. Table 17.24.090 sets forth the rules, regulations and processing applicable to Electronic Readerboard Signs, Changeable Copy Signs,Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. 17.24.100 - Signs in and near Residential Districts. Table 17.24.100 sets forth the rules, regulations and processing applicable to Signs in and near Residential Districts. 17.24.110—Freeway Orientation Table 17.24.110 sets forth the rules, regulations and processing applicable to Freeway Orientation of signs. 2-25 e-i � •� � �•� O 0�0 c�ri � � �� 6l � � '� � N � ,� -N-i V � Q U � � Cl� � � y �t' Q Q .� � Q Q � � � w Q I I � w � � � � � a-�+ N � .� � y ,�-' � � '++ O � V '� � � �+ � tir w � .G+ � � fd w � � [G R'' � � � p �� N r � � �' � .� � m � N � c�C � � � � � r��„� � � II � +, r� v �+; � � +� �y 4.�., � �.�., .�p � > � 9 c3 � O � 01 � � �' � tJ� N ,� �a vUj G� � 3 O U u�i �7 e�� ,� 3 � � °' � � � � � � w � �� , � � �°, � �. � � � 3 ; � �, •� � �. o u � � 3 �, 'o u ° � +' ° o . � � � � 'ow o �° �., � � �.�� U v � p.. � r' N � �v 'w � v � .� ,� � G O P. 0 �p F'' �i v �+ >, N � � � �1 � Q s.�� u �''~ vi v � � .,� � `C -N-i O � ,,,� bA,0� O � � ;� > � � � ��+ C Zi C!) � +� � -�, �.,�r N O cC � � ia b0 • • � .� C1. • cC .a � c�C � c~C '?�, Cn �n � Q � 1 � � N w Q .� � o v� �-, � N � � O � � .'. d � 0 � «, CV �O o � 4,, � v.'''"'., � O II �,.a +� � O O r >, c� r� °J u �n ,� U � v � v � Cn eti t., � u ,-, .-+ bA � t-�+ �„� � � � y � bD p r-� a� ,� � � +�. b0 p � � .�+ � h�0 � � O G `U � � o � � O � U � ,� w '� � � � �,A � II � o � t.., ,� � � II ,� O a� � O a f� 0 'v� o p0 b0.'S'^�' p .� C?'' � �m O b�0 pp � p � � � � v � � � a � vi .� � o � a�, '� ,� U �+ T� O r-ri � O a p � .�,i 4y `� .� '�i � O� a O � �'-+ . � � • � • � � • � • � 3 • 4. • � � � 0 r '� .� 'd � N � � � .� O O �. � � N �' �., O � v�i � O ¢' �� -+ �' � vi � O � O � � w Q .� � � O .�-, r � 3 'd p .� � O p � .� � a � v a.. y � `�+ � � � �0 .� O � � � ,.�� G � :, '� O � � O. a ,� � �a �, G o �, � .,_, a a �c � ;... •., o � --� .� > � � a� � � o � � > � o � b0 � •., a� � c� 'd �' ,� �+-' � s, � � ... e� ,., a� � +� r � � � � .� o � � a°�i � °� � •bA � `r° �., � o � � � a�i v G 'i a�i �D �� ., � � � r o � a> '� b v a� 'Z3 � z � � `� `n •� � � ;� .� � bD w � � � `n b0 .'� G ;� Q � '� c., � a� "� v -� 'tf � ..� a� � 'v� �. �a v � � .� 't3 � .s] .�' � .� � � � ~ r +' � ~ a� .� a� .� � O p., C u � "�� '� � �' � � �A'� �'' � r G � � � � � �' tiA,v � � O .�., p � � � � v� � � �n :� O X O a � `� � �n � � X ... r N ,� •� , � � � v • � v� � U � �, «S �� • N • i a� ++ V� Qr cC � �� O � C%] . pp � � O Q � � \OJ .� N � � � (� (� 'y� � 0 � 'L� V � U � N � ;�, � . �°n U �i O � � o a� d; �- N U e�-� ^'�" .�. b4 ,}�' e'�C L—L6 � U E-+ � .� .v � � � •� o � > O � + �7"+-i 4J � r '�i � r�,/ .�-CJi O a.+ e-a V] F�-1 � U N '� � � O b�0 O � O V �� N y ,v� G � '� �cI� Q c!� � � _� '� Q � �� '� .� � � •� o o a C-�i � Uj ,9 ,4; Q '}.��-+., `""� �" •� � � w v a�i � � y � '�' � a; d' � I I � •� � �, N � � N � .�.� � C� O �"r V r�-+ C� U c�-� .'�,..�' � � +� �+ w � � v a � � � . � X X � ,� Q � QW � d�' q Q v Q °' w i � � � vi 3 v � .� � .� � v � v v � .� � � � � � � o � o � � Z � Z V � .� ao � o � o � � � o � � G �b w °� � � � o � � �� 3 � > � �' v� � 'm u N � p .� � cd N aJ ►.' ,� -°d � °' c��a � � � `� Q .� � � `� U a: � � w°' � R. 3 "' � � Q � � ... � 3 .o � � �, '� � -d >, o •� .� � � � � �„ � � .� .� w; � � � �' �i � .� O � O � da � U p x � v �+ O I I .� � �, N � O Z �Q v � � � � � � •� � � � � . +� o " x �a, z � � U �„a Q +' '" � W ,s� � ,�, �; ,� +U cC � +� X w ;,,� � 67 d .� � y 0 � � � O y '� �"'� f-. 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O p � .`l, "L� .� �, G1 � � v v 1+ °`� `� '.�G' Q � V U � v � ,�� "� '� �,� � � v �-+� � p �., cC � v � � aJ V a � � cG .""�— di O .,�, 4J QJ � �� C� 4J ..'�''. �+ � � � v � � � �" � N V v � Q v � � a1 d� U �" .�.� .. � P7 m �1,'� Q O � '� C�I] e-�� '� ccf • W �i • cJ � • :-� 'CS � bA Cn � � +' U � � � � N •~ � X � a � � U�, v � � � v �� ¢ U Q U�, '� p v � a � a � � v 0 3 �-' C� l> o �, U a� � � �� .� Ll, .v v � � � ° �'" ° ^,°' v � � Q � Ca i�, �., � � ,� Q .. � v � .� ~ '� � o � .� � � � • 'cn • � �, � • � U '� � w Q .+�� w G �bA p c�C N �O ~ � -�. � � � p � � � •� '� � �r ~ � � � � V � R � � � v � v °: � .� � U O � � +.+ � o b0 � a � � o v � � � b�A Z o � v � N � � ,�; L� .--� � • w 'CS m • � �'-i A�, � u '� G a. � ,� � .�.� � v � � � � y � � o .� � •� � o ... � � v v � � � � � � � �; v v �n x � u �" u � � � a� o � bA � Cf) Cn r�-+ � � � � � � Q � � � N () O cC � � O � � � i v� v cn O � O � � � O � � O � � �� •�a L� '� � > O � � � 3 � O � •�� G � � Q � � Z �� 3 � � � � � G � � � � � p � � p �� p � � � � .L' l!� O t-+ � � � � � v � � bA � � U] � � C1� � � � � � � � � � � � � ai � �� °; v U � '� v.G v v � X � � a� � +, C m � � �i � � 'LS � '�' 0 Q Q � �"� N O O Q � -� � � Q W (, U ;L o .� � � � Q � � � bA �" G� Q- N � O � bA � �„W,1 •�i �.�i � f'.,, � .i..� .� v ^� �, ��.. �' �+' c1 .S'�'�' '^ O v ~ � �" � i1.i -�. x" .�'�' O � � '''' W �i V � U F+ � �+ U) W U U U �7 v Q �v� A Q C!] W U C.i City of Cupertino Draft(Revised 9/16/09) 21 17.24.120 Landmark Signs. Existing ground signs that have been designated by the City as Landmark Signs (see Appendix A-8: Landmark Signs) are exempt from the Nonconforming Sign regulations in Section 17.52.020. A. Such signs may be structurally reinforced or rebuilt after damage or destruction to its original design and specifications. B. Minor modifications to such signs may be allowed such that they do not distract from or alter the unique architectural style of the sign, with a Director's Minor Modification. 17.24.180 Design Criteria. Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs. A. Ground signs shall be either housed in a frame or set onto a base,presenting a solid, attractive, well proportioned and balanced appearance. The size and shape of the frame or base shall be proportionate to the size and weight of the sign. Low signs are generally more appropriate on a base,whereas taller signs are generally more appropriate in a frame. (See Appendix A-3, Examples of Well Proportioned Signs, Examples of Signs Not Well Proportioned, on file in the City Clerk and the Planning Department, for examples.) - B. Ground signs shall be located within a landscaped area proportionate to the size of the sign. Appropriate landscaping should be placed at the base of the sign. C. All signs shall be architecturally compatible and in harmony with the Uuilding with which it is principally associated,by incorporating its colors, materials, shape and design. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood. D. Background panels for multi-tenant ground signs should be harmonious in muted colors. E. Sign copy shall be simple and concise, without excessive description of services or products. F. Internally illuminated signs shall not have a directly visible light source. , G. The sign's color and illumination shall not produce distraction to motorists or nearby residents. (Ord. 1624, (part), 1993) 17.24.190 Illumination Restrictions. A. The intensity of illumination for signs located within the commercial, office and industrial districts shall not exceed approximately two hundred fifty foot-lamberts. All other districts shall not exceed approximately one hundred foot-lamberts. The foot- lambert readings shall be used as a guide by staff to evaluate signs which are deemed to be a problem fo passing motorists or residents in the surrounding neighborhood. 2-32 City of Cupertino Draft (Revised 9/16/09) 22 B. The color and thickness of the sign panels as well as the brighiness of the bulbs used to illuminate the sign shall be designed in such a manner as to avoid excessive illumination and glare. C. Illuminated signs which are not a necessary part of the security lighting system for a business shall be turned off at 11:00 p.m. or within two hours after the business is closed,whichever is the later time. D. All exterior lighting shall be placed in a manner so that the light source will not be seen from off the site. (Ord. 1987, (part),2006; Ord. 1624, (part), 1993) 17.24.210 Obstructions Prohibited. No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk or bike path. (Ord. 1624, (part), 1993) 17.24.250 Construction and Maintenance Specifications. A. All signs shall conform to the building and wind load requirements of the Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the Cupertino Municipal Code. B. All signs with internal illumination shall be constructed of noncombustible materials,be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or other similar institution of recognized standing, and be maintained in satisfactory condition or be immediately repaired or replaced. C. All electrical, gas or other utility service and other pertinent fixtures shall be placed underground. D. Guy wires or cable supports used to brace the sign shall not be visible to the observer. E. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind causing wear on supporting members. F. All signs shall be maintained in safe, unbroken, and structurally sound manner, including the replacemenf or repair of any defective parts,painting, cleaning and any other work necessary to maintain the sign and any landscape planter associated with the sign. (Ord. 1624, (part), 1993) CHt�PTER 17.32: TEMPORARY SIGNS-- REGULATIONS Section 17.32.010 Temporary signs—Location. � 2-33 �City of Cupertino Draft(Revised 9/16/09) 23 17.32.020 Flags. 17.32.030 Garage sale signs. 17.32.040 Temporary political signs. 17.32.050 Project announcement signs. 17.32.060 Residential real estate signs. 17.32.070 Sale, rent or leasing signs. 17.32.080 Subdivision directional signs. 17.32.090 Special event Uanners,promotional devices and portable signs and displays. 17.32.100 Window signs. 17.32.010 Temporary Signs—Location. A. No person shall paint,mark, or write on,post, attach or otherwise affix, any temporary sign to or upon any public property, sidewalk, crosswalk, curb,curbstone, fence,wall,public playground equipment and/or facilities, street lamp post,hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing,pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or upon a lighting system,public bridge, drinking fountain, street sign, traffic sign, traffic control pole or cabinet,utility transformer vaults, or any other buildulg, structure or device permanently affixed on puUlic property. Additionally,no temporary sign shall be placed, posted or otherwise affixed in the public right-of-way,except as provided in this section. The public right-of-way generally includes the median, street,gutter,curb, sidewalk and landscaped strip on public property. B. Notwithstanding any provision to the contrary described in Section 17.32.010A above, temporary signs may be placed upon the public right-of-way as prescribed in the subsection below: 1. Shall only be located in the public right-of-way of a residential or institutional district, as defined in this Title. 2. Shall be no larger than four square feet of sign area per sign side with no more than two sides per sign. 3. Shall be no more than three feet tall measured from the grade of the sidewalk or adjacent ground level. 4. Shall have a maximum length of any part of the sign of three feet. C. Unless otherwise provided for in this chapter, all temporary signs, whether or not located in the public right-of-way: � 1. Shall not be located on the street or on street medians. 2. Shall not be illuminated. 2-34 City of Cupertino Draft (Revised 9/16/09) 24 3. Shall not be located on private property without the oral or written consent of the owner or other person entitled to possession of said property. 4. Shall maintain at least 36 inches of clear and continuous width along a sidewalk or pathway plus any other area needed for handicapped accessibility. 5. Shall not restrict in any way the safe vision of any vehicular or pedestrian traffic or obstruct any directional or safety sign or other sign permitted by the City. 6. All parts of the sign shall be set back a minimum of eighteen inches from the face of the curb or from the edge of the street,bicycle or vehicle travel lane,whichever is the greatest distance from the edge of the street,bicycle or vehicle travel lane. 7. The temporary signs in the public right-of-way other than political signs shall be removed by sunset. D. Persons who place temporary signs in public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s}before placing temporary signs. E. The provisions of Section 17.32.010B, C and D shall not be applicable to the following: 1. The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3. The maintenance of banners affixed to the top of the city-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of Uanners affixed to the top of the city-owned light poles located over Stevens Creek and De Anza Boulevards; and 5. The maintenance of hazard markers or emergency signs. (Ord. 1926,� 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) � Section 17.32.020—Flags, Garage Sales, Temporary Political Signs and Subdivision Signs Table 17.32.020 sets forth the rules, regulations and processing applicable to Flags, Garage Sales, Temporary Political Signs and Subdivision Signs. Section 17.32.030—Real Estate Signs and Project Announcement Signs Table 17.32.030 sets forth the rules, regulations and processing applicable to Residential and Non-residential Real Estate Signs and Project Announcement Signs. 2-35 Q � � � u N p r�n �., v' � O� vi U � � y O y.+ � � � � � p a GJ � 't3 N � �s~r � N .�i •'+ .N � R, O .� O c'� � el .: Q• � � � O � U� �, •� U ri � `�• � � T„� u G � O � O � � � � 'dr � w � O w � � � � � Q w � � � o � ,� N r. ++ „� i' � V] .� �Q � '� � � � � GUJ t�l� +�+ O w ,.. t� � � ~ � � y � � � � � �" u � �+-+ t� '� �' � �i. .� c�C Q bA� O � '"a a '� � N '��' N ..�"'y 3 '� '�" z � �p �i '—' rn p o, � � � � � � � 0 bp� � � ,�„� r G � � � U O •> � � -� � � -� '� "� � � U a� •� � v� v � v' .� a� "' �' O �j '" b0 .��j � G � cw'"C .Q � •� O � � a p �� .� O .� r � � .-. �' � O -�i -� O � � � � � .-� 'v� � � .� .: � r1 v v v ,�, � +� O O � "d � � Q c� U � p � v �• � ,--� � � '� .� � a� ^-' ..� � '� ,� •� v � (, .� � � p �.; u u > a� .� � � � � v ¢, .�^U °' 3 � � � � a,.� '� ;� cn v � m � � � � � � � � >, � .� P" `n � � . � j �n � � Z cn � �7 � a� c� `� cn � � c/� � ? v • W U] • 'C3 • • Pa • O � � � • • �v� • �. • w I I �, ,±� O 'TS sv�- � ''-' �'+ y .. v � � � *� � �' .� � � � � � � a� ° .� "., � ed � � � � �.�. p X�. .,_, 60.�' a� o � z z z z Q � � � � �� u � o � � �' � � � � � -� �: � o °� �., ,� � •�C � .� � a >, � > � � ; � � � � r � o � � �n '+� '� �.+ f+ t�'J� .� � 0 '—' ,��' � � u �' .i C�1 ,O u ''.^'i �( ^' "� � .r-i r w ,�y+ aJ � �—i � U tj � 4J � � 3 � a � � ai � � ;'� v .� � �a � � a�i � 3 0 .° a�i p .� �i O cn" .,_, � � �� O b�0 �i � � .��. �+ v� Cl. �-. tC � W '� r o ,.�. +� r r O �' �3 � v �; E-� �"' � > � � .� °' .vj . � � � U �U • � � • � P. ;� • a J N • s� � c n � � . � � 9 v w .� �n � .� � .�.+ p OO y � � j � Q ,� Q � •^' '� � � ,� o � ,� � Z � .� O��A v � �" z � � � � � � .a N � � � � � � � �J � O � �'' N �"' N .., � Q v�; � a� v-� �-: � y �,..; u II � � m m �+ � � Q Z �' z � � °° � Z � � m � (> �, � U a 3 � � � �. �. o a o o � � � v � v a� +' .� p� � v� �, � v o v a a � > (� � ,� � � o ;-, .� � E� � � v o f� �c � o 0 0 � o � ° Z Z � �U o ai � � � � z E-i a' �n cc � `° �o .� � F" � y � � � � '-i � � � � � r�1� � •� Y � � � �/ � � � � � ~ O � � V] � �i � "C� '� Qi Z "� � � � N O ,��i � � o w U � o �� , o Q c� v � •-� � cn y oD �,, r, .� � eC p � > � � � � �� .ai f r � � � O ..� i� E-� Q w �n V E-� �, cn A cn cn - � "` O � y O �,.., :� O � ~ O .�; � O .0 d+ �.. � cV � �-. w �+., - � r � +� GJ N O �� c'7 � O O O rri �.+ .a''r �p n v � L� +�+ ',�, ?, � N •� � � � °c; o i� �� a `-� �3 4., �, .� r' °; � 6J G! 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W V� �j� d �O �i �O �i �O � ��.. •�u ,�y' � •W �J w � x F� F� � � cn � � v� v � � � � � w � N .� U� � � � �i w .. � d � y 4.; �+: v.; Q � v �+; �. � � cr ,,,� {y V� Vi cn \ �+-�i U � �+-a U � � � � Q d+ d+ d�+ z N w � N "' p N � � c7 C*) U c�''C � C�i � � o v G z 3 �, � � ' '"A � '"A �' �o o ,?; � E-� p � �-. � N � � � r� Gi �" � G� �, � � a�-i�" � br�A Q\l ^� ,!] � � � � � � ¢'+ �� ,�;'��' � � � � � "p y �" � O �-' TS � a; � .;� O � � U .� � �� . � C�-+ � y "-t''' '^" :� .fl v� � a-a�' `n w � �l w � � '`-' a� � . N � � :� � � z � v `° a � o � � � � ..n v o � o ° � w � � � � � � � � � � � � v, � � °r�� v G � .� ° �'.� � � O � O o O °: 'v� O � O o � :� O °J ��+ E� � � � �V] � �r�V] � � � C�lJ • �V� � (�y � � � fG � C�!] �i � �V� .� � � Q � � C Q � � O .'" �+ QJ N �i � � y y v . � m "� '�'� � .w+ �+ G1 �r ,V r+ �y W � a�i W .p^ o ~ � ~ � � >°. � � � z .� � �, � � H � � � � � uQ � City of Cupertino Draft(Revised 9/16/09) 27 17.32.090 Special Event Banners,Promotional Devices, and Portable Signs and Displays. A. General Authorization. Special event banners,promotional devices, and portable signs and displays are permitted in all commercial, industrial, office and institutional zoning districts subject to the issuance of a permit by the Director which conforms to the provisions of this section. B. Public objectives. 1. Enhance pedestrian experience, activity and convenience. 2. � Maintain the economic stability of the City by enhancing vitality of business. 3. Provide attractive, effective and visible identification reflecting the individual character of the business. C. Special event banners. The Director may issue a permit for a Special Event Banner for each business within the above-described zoning districts under the following provisions: 1. The banner shall only be displayed for a maximum of 120 days withul a 360-day period. 2. The banner shall be builduzg mounted and have only one face not exceeding one hundred square feet in area. 3. The baruzer shall be placed on a building in accordance with the limitations specified in Section 17.24.050 of this title related to building clearance and roofline - levels. 4. Unless otherwise determined by the Director,the display of the banner shall be subject to the tenant schedule for shopping centers as provided in Subsection 17.32.090E. D. Promotional devices. In addition to special event banners described in division C. above, the Director may issue a permit for a promotional device for each business within the above-described zoning districts under the following provisions: 1. For advertising a special event for an existing business, promotional devices may be displayed for a maximum three-day period, four times within a calendar year. 2. For conducting a grand opening of a new business, promotional devices (other than search lights,hot air balloons or other extremely large devices as determined by the Director) may be displayed during the first year of a new business's operations for the sole purpose of announcing the grand opening of that business. 3. The device shall not displace parking or be located in a landscaped front set back area. 4. The device shall be compatible with adjouung uses, particularly residential uses. 5. Tethered balloons used for promotional purposes may not exceed twenty-five ; � feet above the building where the special event or grand opening is occurring. 2-38 City of Cupertino Draft (Revised 9/16/09) � 28 6. Unless otherwise determined by the Director, the display of the device shall be subject to the tenant schedule for shopping centers as provided in Subsection 17.32.090E. 7. Subject to the approval of the Director and the Public Works Department, a promotional device may be located within the public right of way based upon the degree of vnpact the device will have on traffic circulation as well as upon the environment of the surrounding uses. 8. Subject to the approval of the Director and the Public Works Department, traffic/parking directional signs may be used in conjunction with a promotional device during the period of the special event or grand opening. The number and placement of traffic/parking directional signs may be restricted by the Director or the Public Works Department in order to insure adequate sight distances and traffic safety clearance are maintained as required in Section 17.32.010. E. Tenant schedule -Shopping centers with approved electronic readerboard signs shall only be allowed building mounted banners. Freestanding temporary or special event signs for individual tenants are not allowed. Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of Tenants Number of Signs Permitted 20 to 27 tenants --2 center displays 28 tenants or more --4 center displays F. Portable signs and displays. In addition to special event baruzers and promotional devices described in divisions C. and D. above, the Director may issue a permit for a portable sign or display for each business location within the above described zoning districts under the follo,wing provisions: 1. Portable signs and displays may not be located in areas, either on public or � private property,which are used by the public for vehicular or pedestrian traffic or in other areas, which in the opinion of the Director, are a threat to the public health, safety or welfare. 2. Portable signs and displays shall not be permanently attached to the ground or a structure on the premises it is intended to occupy and shall only be displayed during business hours. 3. Design review criteria. Portable signs and displays shall be appropriately designed, installed and maintained with special emphasis on the creative design, character and quality of color and material (vibrant and weather resistant). They shall be complementary to the building architecture and the operation of the business area and shall enhance the overall appearance and texture of the pedestrian shopping experience. 2-39 `� City of Cupertino Draft(Revised 9/16/09) 29 4. Specific standards. As stated in the Table below: Maximum Size 8 s.f Muumum Hei ht 3 ft Maximum Hei ht 4 ft Maxi�alum widfih 2 ft . Min. setback from street curb 2 ft Dis la Hours Business hours onl Min. edestrian walkwa � 5 ft Distance from: Bus sto zones and/or bus sto fumiture 15 ft Disable arkin zone 4 ft ' Must not be: 1. Set in ound 2.AfiEached to trees,lamp posts,utility poles,street or traffic si ,benches,h drants,or mailboxes 3.Illuminated . 4. Located in an re uired landsca e setback area S.f.=square feet;ft=feet 5. Modification of specific standards. The Director may modify the specific standards described in division 4. above upon making a finding that special circumstances unique to.the site require the application of a modified standard. G. Retail tenants larger than 20,000 square feet may be allowed to have one additional sign for each entrance to the building,up to a maximum of three signs with a permit from the Director. One such sign may be up to six feet tall and twenty four square feet in area if the sign face is not oriented to a public right-of-way. H. Permit procedures. The issuance, modification, revocation, and appeal of any permit under this section are governed by Chapter 17.12 of this title. Notwithstanding the above, any appeal of any permit under this section shall be made to the Design Review Committee. I. Removal of signs. All banners, devices, signs and displays issued under this section must be removed not later than five days after the conclusion of the special event or grand opening to which they pertain. J. The city,pursuant to Chapter 17.52 of this code, may cause the banners, devices, signs and displays remaining after expiration or revocation of the above-described five day period to be removed. (Ord. 2030, (part), 2008; Ord. 1987, (part), 2006;Ord. 1926, § 1 (part),2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) 17.32.100 Window Signs. A. Window signs shall be permitted in all commercial zones. B. The total area of any window obscured by any combination of permanent and temporary window signs shall not exceed twenty-five percent of the window surface of 2-40 City of Cupertino Draft(Revised 9/16/09) 30 each storefront bay. C. 1. Signs within a window shall be considered temporary if they remain on the window for less than thirty days, and shall not be subject to review. 2. Window signs intended to remain on display for more than thirty days shall be considered permanent window signs as regulated by Section 17.24.090. (Ord. 1987, (part),2006; Ord. 1926, § 1 (part),2004; Ord. 1796, (part), 1998; Ord. 1624, (part), 1993) CHAPTER 17.44: SIGN EXCEPTIONS�' Section 17.44.010 Authority. 17.44.020 Application and fee. 17.44.030 Design Review Committee review required. � 17.44.040 Findings for an exception. 17.44.050 Action by Design Review Committee. 17.44.060 Conditions for revocation of exception-Notice required. 17.44.070 Exception deemed null and void when-Notification required. 17.44.080 Appeals. , 17.44.090 Reports to Planning Commission. '� Prior ordinance history: Ords. 1624 and 1655. 17.44.010 Authority. The Design Review Committee may grant a sign exception in�accordance with the provisions of this chapter. (Ord. 1844, � 1 (part), 2000; Ord. 1789, � 1 (part), 1998) 17.44.020 Application and Fee. An application shall be made in writing on a form prescribed by the Director. The application shall be accompanied by a nonrefundable fee, a letter explaining the justification for the exception, and appropriate exhibits as deemed necessary by the Community Development Director. (Ord. 1789, § 1 (part), 1998) 17.44.030 Design Review Committee Review Required. A. An exception shall be scheduled for review by the Design Review Committee, not later than thirty days after filing of application, unless the application is deemed incomplete. B. Mailed written notice of the hearing on the sign exception shall be given by the Director of Community Development to all owners of record of real property (as shown 2-41 City of Cupertino Draft(Revised 9/16/09) 31 in the last assessment roll) which abut the subject properiy, as well as property and its abutting properties to the left and right, directly opposite the subject property and located across a street,way,highway or alley. Mailed notice shall include owners of property whose only contiguity to the subject site is a single point. Said notice shall be mailed by first class mail at least�en days prior to the Design Review Committee meeting in which fhe application will be considered. The notice shall state the date, time and place of the hearing. A description of the sign exception shall be included in the notice. If the Director of Community Development believes the project may have negative effects beyond the range of the mailed notice,particularly negative effects on nearby residential areas, the Director, in his/her discretion may expand noticing beyond the stated requirements. C. Compliance�vith the notice provi.sions set forth in this section shall constitute a good-faith effort to provide notice, and failure to provide notice, and the failure of any person to receive notice, shall not prevent the City from proceeding to consider or to take action with respect to,an application under this chapter. (Ord. 1844, � 1 (part), 2000; Ord. 1789, � 1 (part), 1998) 17.44.040 Findings for an Exception. . The Design Review Committee may grant an exception based upon all the following findings: A. T'hat the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; 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 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. (Ord. 1844, � 1 (part), 2000; Ord. 1789, � 1 (part), 1498) 17.44.050 Action by Design Review Committee. The decision made by the Design Review Committee is final unless appealed in accordance with Section 17.44.080. � (Ord. 1844, § 1 (part), 2000; Ord. 1789, � 1 (part), 1998) 17.44.060 Conditions for Revocation of Exception—Notice Required. In any case where the conditions or limitations to an exception granted have not been complied with, the Planning Commission may revoke the exception after notice and hearing in the same manner as defined in Section 17.44.030. (Ord. 1789, � 1 (part), 1998) 17.44.070 Exception Deemed Null and Void When—Notification Required. In any case where an exception has not been used within one year from the date of issuance, or if abandoned for a period of thirty days,the exception will automatically 2-42 City of Cupertino Draft(Revised 9/16/09) -- 32 become null and void upon written notice from the Director to the property owner and/or tenant. (Ord. 1789, � 1 (part), 1998) 17.44.080 Appeals. Any person aggrieved by a decision of the Design Review Committee-may appeal such a decision-in writing to the Planning Commission in accordance with the procedures set forth in Chapter 19.136, except that the Planning Commission decision shall be final. ' (Ord. 1987, (part),2006; Ord. 1844, � 1 (part), 2000; Ord. 1789, � 1 (part), 1998) 17.44.090 Reports to Planning Commission. The Director, or designated representative, shall make written reports on all exceptions granted, denied, or revoked under this chapter. The reports shall be delivered to the Planning Commission within five calendar days from the date of the decision. (Ord. 1844, � 1 (part),2000; Ord. 1789,� 1 (part), 1998) CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT Section 17.52.010 Interpretation and enforcement of provisions. 17.52.020 Nonconforming signs. 17.52.030 Abandoned or discontinued signs. 17.52.040 Illegal signs-Notice required-Summary removal authorized when. 17.52.045 Authority to remove illegal signs in public right-of-way. 17.52.050 Storage of removed signs. 17.52.060 Owner responsible for removal, alteration or relocation costs. 17.52.070 Illegal signs-Deemed public nuisance-Court action authorized. 17.52.080 Violation deemed infraction-Penalty. 17.52.090 Appeals from decisions of the Director. 17.52.010 Interpretation and Enforcement of Provisions. The Director or his/her designee is empowered to interpret and enforce the provisions and requirements of this title and to remove or cause to be removed any sign or other advertising structure which has been constructed, erected, altered, relocated or maintained in violation of this title. Such powers include but are not restricted to provisions and procedures set forth in the following sections of this chapter. Decisions by the Director or his/her designee in relation to this title may be appealed to the Planning Commission as set forth in Section 17.52.090. (Ord. 1624, (part), 1993) 2-43 City of Cupertino Draft(Revised 9/16/09) 33 17.52.020 Nonconfornung Signs. A. An�nonconforming sign,except Landma�k Signs identified in Section . 17.24.110, unless made to conform to the provisions of this title,may not be structurally altered, expanded, moved, modified in any way, or be reestablished after 1. Discontinuance for 180 days or more; or 2. Damage or destruction by intentional acts of the owner and/or tenant of the property of more than fifty percent of the sign. B. Any nonconforming sign which was legally erected in accordance with the provisions of the ordinance in effect at the time of erection, or which has a valid permit from the City,shall be permitted to remain until such time as 1. There is a change in the use of the property that the sign is located on; or 2. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent or more of the existing site or building. The amount of alterations shall be cumulative over time�� C. At such time as any of the events mentioned in subsections A and B occur, the sign must be brought into conformance with this title. Any business with a nonconforming sign, other than a Landmark Sign as identified in Section 17.24.110, shall not be entitled to an additional sign unless the nonconforming sign is made to comply with the provisions of this title. (Ord. 1624, (part), 1993) 17.52.030 Abandoned or Discontinued Signs. Any sign which pertains to a business or occupation which is no longer using the particular sign or property, or which relates to a time which no longer applies, constitutes false advertising. The structure and copy shall be blanked out or removed within thirty days after the associated business, occupation or event has vacated the premises. An abandoned sign is prohibited and the removal shall be the responsibility of the owner of the sign or the owner of the premises. (Ord. 1624, (part), 1993) 17.52.040 Illegal Signs-Notice Required-Summary Removal Authorized When. A. If the Director or his/her designee finds that any sign or other advertising structure has been constructed, erected, altered, relocated or maintained in violation of any of the provisions of this title or any other pertinent ordinance of the City, the Director or his/her designee shall inform the owner and the tenant of the property on which the sign or structure is located, in writing, that the sign or structure must be removed within ten days of receipt of the notice, or an application must be made to the Director for sign approval. Failure to take the required action shall result in a criminal or civil sanction as provided by state law or any legal sanction or remedy set forth in this Code. B. If the Director or his/her designee finds that any temporary sign or advertising device is in violation of this title or any other pertinent ordinance of the City, the 2-44 City of Cupertino Draft (Revised 9/16/09) 34 Director or his/her designee shall notify the owner of, or tenant using, the sign, in person or writing, that the sign shall be immediately removed. C. If the Director or his/her designee finds that any sign or other advertising structure,whether conforming with the ordinance or not, is an immediate peril or menace to the public, or to any person, the Director or his/her designee shall cause it to be summarily removed. Upon removal, the Director or his/her designee shall give written notice to the owner. (Ord. 1624, (part), 1993) 17.52.045 Authority to remove illegal signs in public right-of-way. A. Any illegal signs in the public right-of-way may be removed immediately by the city. B. No notice shall be required prior to removal of illegal signs, including, without limitation, temporary signs, in the public right-of-way. C. Any sign removed by the city,except any sign of de minimus value,shall be held in storage and the owner or other person in control of such sign, if known,shall be given written notice and twenty days to reclaim such sign. D. Any illegal sign in the public right-of-way of de minimus value shall be deemed to be abandoned and may be destroyed by the city after removal. No opportunity to reclaim such sign shall be given by the city. E. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimus value. 17.52.050 Storage of Removed Signs. . Any sign removed by the Director or his/her designee, other than those referred to in Section 17.52.045, shall be stored in the City corporation yard and may be claimed within twenty days after the sign was removed,provided that any cost incurred by the City has been paid, and that a renewal of the building permit for the sign has been secured. If signs are not claimed within iwenty days after removal by the City, the City shall dispose of the signs. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.52.060 Owner Responsible for Removal,Alteration or Relocation Costs. Any cost incurred by the City in the removal, alteration or relocation of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid by the owner or person having beneficial enjoyment of the property upon which such sign is located. (Ord. 1624, (part), 1993) 17.52.070 Illegal Signs—Deemed Public Nuisance—Court Action Authorized. In the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this title, the sign shall be considered a public nuisance and the City Attorney is authorized to bring and prosecute an action in a court of competent 2-45 City of Cupertino Draft(Revised 9/16/09) 35 jurisdiction to enjoin such person from continuing such violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. (Ord. 1624, (part), 1993) 17.52.080 Violation Deemed Infraction—Penalty. Any person, firm or corporation violating any provisions of this title shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished in the same manner as other infractions provided under Chapter 1.12 of this Municipal Code. (Ord. 1624, (part), 1993) 17.52.090 Appeals from Decisions of the Director. A. The applicant, aggrieved by a decision of the Director or his/her designee to order the removal of a sign, may appeal such order or decision to the Planning Commission in accordance with the procedures set forth in Chapter 19.136,except that the Planning Commission decision shall be final. (Ord. 1624, (part), 1993) 2-46 APPENDIX A-1: 36 SIGN APPLICATION APPROVAL PROCESS FLOW CHART Applicant verifies with Exempt Planning Staff whether Prohibited proposed sign is permitted, exempt or prohibited. Applicant may Permitted revise drawings Applicant may apply . for an exception. Submit sign program to Community Development for permits. Submit required exhibits, fees and application form. Staff will review application Staff will schedule hear- for compliance with Sign ing within 30 days. Ordinance within 30 days. Approved Design Review Commit- tee will review request in Community Development A proved conformance with excep- will issue permits. ' tion process and either approve,approve with conditions,or deny. Denied If denied,applicant May install signs may appeal to Plan- ning Co�ission. Appeal Must submit written Approved request to appeal decision to the Plaruzing Department within 14 calendar days. Approved Denied Must submit written request to appeal decision Appeal �denied,applicant to the City Clerk within may appeal to City 14 calendar days. Council. 2-4 37 APPENDIX A-2: EXAMPLES OF HOW TO MEASURE SIGN AREA Individually lettered sign Sign with background or borders > 36 inches Sign separated by 36 inches or more 2-48 38 APPENDIX A-3: EXAMPLES OF WELL PROPORTIONED SIGNS EXAMPLES OF SIGNS NOT WELL PROPORTIONED � � - -�7 -1 � � � Examples of Well Proportioned Signs ` � Examples of Signs�otkVell Proportioned 4y 39 APPENDIX A-4: CUPERTINO STANDARD DETAIL 7-2 CORNER TRIANGLE - CONTROLLED INTERSECTIONS CORNER SIGHT FORMULA DISTANCE . SD=Design speedX 1.467X7.5 DESIGN 85th Sight Distance Seconds Criteria PERCENTILE Facror SPEED SD 85rh percentile speed 25 275 � 30 330 � 35 385 °C 40 440 Z � 45 495 � 50 550 � � � �LS � 1 _ . _ _ _ _ _ _ _ G — � — - ` � - - - - - �LS� � ' � � .— — — � f � � . � � I�I�TI�% � — — SD — JI MAJOR .f�OAD — . f--- � G �'` — _ � - ��s � _— — - - — . , �s� � � . LEGEND Set backs from edge of travel lane Y=Distance between the edge of roadway Ol Crosswalk set back=24 feet+Y and the curb.Applies to parking,bike lanes, shoulders and/or combination. � O Limit line set back=13 feet+Y LS=Line of sight SD=Signt distance � G=Edge of travelway 2-50 40 APPENDIX A-5: CUPERTINO STANDARD DETAIL 7-4 CORNER TRIANGLE - UNCONTROLLED INTERSECTIONS I Center line I . I � I a, �.. I 0 0 �- LS=Line of sight LS� \ � _ Center line 100 feet �Monument or interseccting point _ __'\ j�--- \ / ` � I a 2-51 41 APPENDIX A-6: CUPERTINO STANDARD DETAIL 7-6 SIDEWALK SITE TRIANGLE (SIDEWALK CLEARANCE AT DRIVEWAYS) � w � > _ � W � � � o � � 0 � J � � � W � � � � . � i Z � � w Z N � Z Z O � X � � U W � J Z ¢ J � Y p � � � W J � W Z � Q Q � J Q W � Z N ¢ N � = m W i � LJ1 W 1� � m 0 � J LL N }' t/� V^.1 Q � Q Z W W I- Q � LL 0 �!1 � �-. . � � � O �- m N 0 L.L � ¢ LL W Z OC F" W = W LL U� -+ W � (n CC fY'1 l/l Q L/l N7 LL � � U Q m � 2-52 42 APPENDIX A-7: EXAMPLE OF HOW TO FIGURE SIZE AND LOCATION OF GROUND SIGNS Building Frontage 50 ft Sidewalk Site Triangle Setback Center 50% 35.5 ft. 130 ft.Street Frontage 1 Ground Sign Aliowed: 130 ft Maximum Sign Area:32.5 sq.ft. (130 ft/4=32.5) Sign Location:Center 50% begins at 32.5 ft.from side property lines. 5 ft. . , (sign 8 ft. (Total height) Sign Height) � 10300 �5"min. Curb Sign Area:5 x 6.5 =32.5 sq.ft. 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