Reso 6407 MCA-2005-02
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
RESOLUTION NO. 6407
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 17 OF THE
CUPERTINO MUNICIPAL CODE RELATED TO SIGNS.
-----------------------------------------------------------
-----------------------------------------------------------
Recommendation of approval is based on Exhibit A.
-----------------------------------------------------------
-----------------------------------------------------------
PASSED AND ADOI'TED this 8�' day August 2006 at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Saadati, Wong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Giefer, Chien
ATTEST: APPROVED:
�Z.,l�`E�� �//�� cL.'�=�-'') °
'Cr G
Ciddy Wo dell arty Miller, Chairperson
City Planner Planning Commission
G:\Planning\PDREPORT�RES\2006\MCA-2005-02 res.doc
Exhibit A
Proposed text is underlined. Deleted text is struck
throuqh.
DRAFT MODEL ORDINANCE
Chapter
17.04 General Provisions
17.48 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.
1
a�-'�o
CHAPTER 17.04: GENERAL PROVISIONS
section
17.04.010 Short title.
17.04.02�0 Purpose and intent.
I7.U�.t13U Savings clause.
17.04.010 Short Title.
Ordinance 1624, codified in Chapters 17.04 through 17.54 of this title, shall hereafter
be lrnown and cited as the"sign ordinance." (Ord. 1624, (part), 1993)
17.04.020 Purpose and Intent.
A. The City of Cupertino is a suburban community interested in providing a
mixture of commercial, industrial and residential land uses which reside together. The �
general welfare of the citizens as well as the economic sta.bility of the City is dependent
. on maintaining a peaceful coexistence between the various uses. The purpose of the sign
ordinance is to identify an.d enhance businesses while mainta.ining the aesthetic _ .
appearance of the City.
B. A sign is recognized as a vital ingredient in the free trade process upon which the
City is dependent. A good sign program will provide information to the public
concerning a pazticular business or use and will serve the visual and aesthetic desires of
the community. The goal is to create a visual environment that will:
1. Enhance the effectiveness of the signs;
2. Provide for the necessary competition;
3. Insure the public safety; .
4. Increase the convenience of the citizen; and
5. Maintain the identification and individual character of each business.
C. With these goals in mind, the City has adopted this title, which is intended to:
1. Provide architectural and aesthetic harmony of signs as they relate to building
desigzi and surrounding landscaping; �
2
a-7
2. Provide regulations of sign size, height and quantity which will allow for good
visibility for the public a.nd the needs of the business while providing for the safety of the
public by mininuzing 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}
17.04.030 Savings Clause.
The changes provided for in Ordinance 1755 shall not affect any offense or act
committed or done or any penalty or forfeiture incurred or any right established or
accruing before the effective date of Ordinazice 1755; nor shall it affect any prosecution,
suit or proceeding pending or any judgment rendered prior to the effective date of
Ordinance 1755, Apri121, 1997. (Ord.,1755, (part), 1997)
3
,�o
CHAPTER 17.08: DEFINITIONS
section
17.08.QI0 Definitions.
17.08.01 Q Definitions.
"Advertising statuary"means a structure or device of any kind or chaxacter for
outdoor advertising putposes which displays or promotes a particulaz 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,
banners and flags, a�ld blowul�or air-powered attractions, but excluding electronic
readerboard signs and signs that�� display the current time or temperature.
"Architectural projection"means an�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.
"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.
"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.
"Commerciai district" means an area of land designated for commercial use in the
current Cupertino General Plan.
"Community organization"means 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.
"Comer 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
4
o`�'�
and 7-4. Unobstructed views over these areas are essential to the public safety for
bicyclists, motorists and pedestrians. (See Appendix A-5, Cupertino Standard Detail 7-2;
Corner Triangle--Controlled Intersections, and A-6, Cupertino Standard Detail7-4;
Comer Triangle--Uncontrolled Intersections, both on file in the office of the City Clerk
and the Planning Department, for details.)
"Decorative statuar�' means any structure or device of any kind or character placed
solely for aesthetic purposes and not to promote any product or service.
"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 representarive thereof.
"Directory sign"means any outdoor listing of occupants of a building or group of
buildings.
"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 dxiveway or parcel of
land not otherwise meeting the requirements of Title 19 of the Cupertino Municipal Code
for lot width.
"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. All
freeways in the City aze considered "landscaped freeways."
"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 Califomia
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.
"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
5
�-►�
time of the erection of the sign or advertising statuary or which was not installed with a
valid pernut 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 pla.n.
"Informational sign"means any sign which promotes no products or services,but
displays service or general infonnation t� the puUlic, including the likes of)�ours 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.
"�nterior lot"means a lot other than a corner lot.
"Nonconforming sign"means any sign or advertising statuary that��#was legally �
erected and ha.d obtained a valid pemut 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 tliat��displays incorrect or misleading �
information,promotes products or services no longer available at that site or identifies
departed occupants.
"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 pernutted
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, cornmodity, service or
entertairunent conducted, sold or offered upon the same premises as those upon which the
sign is maintai.ned..
"PennanY'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 in a
series, designed to move in the wind.
"Political sign"means a temporary sign ihat��encourages a particular vote in a �
scheduled election and is posted prior to the scheduled election.
"Portable sign"means any sign not permanently attached to the ground or a structure
on the premises it is intended to occupy. This definition shall not include A- frame signs,
sandwich signs and any other advertising structure so defined.
6
aZ'I�
"Project announcement sign"means any temporary sign tilat��displays I
information pertinent to a current or future site of construction, including the likes of the
pro}ect name, developers, owners and operators, completion dates, availability and
occupants.
"Projecting sign"means any sign other than a wall sign that�s�is attached to and �
proj ects from a structure or building face or wall.
"Real estate sign"means a temporary sign indicating that a particulax premises is for
sale, lease or rent.
"Residential district" means the Rl, RHS, R2, R3, R1C;, A, and AI zoning
classifications which are consistent with the residential designation o�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.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard
Detai17-6. (See Appendix A-7, Cupertino Standard Detail; Sidewalk Site Triangle . , '
(Sidewalk Clearance at Driveway), on file in the office of the City Clerk and the Planniilg
Department.) '
"Sign"means any device, fixture,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 of an individually lettered sign without background is
measured by�nclosing the entire sign with a set of parallel vertical and horizontal lines.
The sign area of a sign with borders andJor background is measured by a single
continuous perimeter enclosing the exterior limits of the border or background. The
necessary supports and uprights, 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 promorional event including,but not limited to, a
special sale on merchandise or services, or grand openings.
"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.
7
,,�'l�
"Street frontage"means the length of a site along or fronting on a street 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 displayed for infrequent and limited time periods.
"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
vei�tical faces, with one common edge and which appears as the letter V when viewed
directly fro�n above.
"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�z is attached, erected or painted on a sh-uctui-e
attached to a btiildina a canopv sh-ucture, 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 visible from an adjacent street. (Ord. �
1624, (part), 1993) �
8
� �'��
CHAPTER 17.12: ADMINISTRATIVE PR4CEDURES
Section .
17.12.010 Conformity with provisions required.
17.12.020 Permit Required.
i 7_1`'.(:)�t1 Signs requi�ing Planning Co�ninission review.
17.12.040 Application—Form and contents.
17.12.050 Application—For new development—Timing.
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 C'rrounds for revocation.
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.
Ali 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)
17.12.030 Signs Requiring Planning Commission Review.
9
� �'��
Electronic readerboard signs and;freeway oriented signs, a°�^�•�'�--° �-'�t•,�,�� "n�'
' b - �- shall require approval from the
Planning Commission prior to the Director issuing a sign permit. Permitted neon window
signs do not require Planning Conunission approval. In regard to these signs only, the
Planning Commission's decision is final unless appealed in accordance with Section
17.44.080. The Planning Commission shall use the criteria as established in Sections
17.24.150, 17.24.170, 17.24.190, and 17.24.200 for review of those signs. (Ord. 1624,
(part), 1993)
17.12.040 Applicatioa—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
arid 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)
17.12.050 Application—For New Development Timing.
The application for sign approval or a conceptual sign program for a new development
shall be made in conjunction with the review of the use permit for the entire project in
order that the design of the signs be taken into consideration at the time of architectural
and site planning. (Ord. 1624, (part), 1993)
17.12.060 Applicatioa—Review Criteria.
The Director DesiQii Ret-iew Coin�nittee 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;
and
B. That the proposed sign's color and illumination is not in conflict with the safe
flow of traffic on the City streets. (Ord. 1624, (part), 1993) �
17.12.070 Sign Modification—Authority.
The Director,Desi�n Revi ew Conlmittee or Planning 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. 1624, (part), 1993)
10
�r��
17.12.080 Permit—issuance by Building Division—Installation information.
Upon approval by the Director, Desi�l Review Committee or Planning Commission, �
as the case may be,the applicant shall obtai.n a building permit. Additional information
related to the building code may be required by the Building Official conceming the
installation of the sign. (Ord. 1624, (part), 1993)
17.12.090 Appeais and Exceptions.
Those applicants who wish to appeal a decision by the llirector, a decision ol 'the I
Desi�z Re�-ie��- Conunittee or a decision of the Planning Commission or who wish to
apply for an exception shall do so under the provisions of Chapters 17.44 and 17.52 of
this title. (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
intensifiy of all illuminated signs with the power to require reduction of the light intensity:
to ens�re that the sign's illumination does not exceed the illununation standards as
regulated by Section 17.24.190. (Ord. 1�624, (part), 1993)
17.12.110 Summary of Application Approval Process.
Appendix A-1, Sign Application Approval Process Flow Chart, on file in the office of
the City Clerk and the Planning Department, summarizes the application approval
process. (Ord. 1624, (part), 1993)
17.12.120 Revocation of Sign Approval—Authority.
The Director has the authority to revoke any sign approval originally issued by
him/her. The Planning Commission has the authority to revoke any sign approval issued
by it. (Ord. 1624, (part), 1993)
17.12.130 Grounds for Revocation.
Any sign approval may be revoked on the basis of one or more the following grounds:
11
�?�/�
A. 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.
B. Fa.ilure of the applicant to meet or abide by any condition imposed upon
approval.
C. Failure of the applicant to utilize the approval within one year of its issuance.
D. Abandonment of the sign for a period of thirty days. (Ord. 1624, (part), 1993)
17.12.140 Hearings—Notice.
Prior to revocation,the Director or the Planning Commission, as the case may be,
shall hold hearings after written notice is provided to the applicant. (Ord. 1624, (part),
1993)
12
� -l �
CHAPTER 17.16: EXEMPT SIGNS
section
17.16.010 Certain signs exempt from permit requirements.
�.7.16.0t(� �'ertai� Signs Exempt froTn Pe�-rnit Rec�uirernents.
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. Govemmental 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 of�ce complex;
E. Information Signs. Informational or directional signs which are located entirely
on the property to which they pertain, do not advertise a particular business, and are less
than four square feet in area;
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 govemment
agency;
H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs,
subject to the limitations in Section 1'7.32.060;
I. Sa1e,Rent or Leasing Signs. 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 aze not
meant as an advertising mechanism;
K. Lo�os, Symbols or Insignias. LO�o1�symbols or insignias, commemorative �
plaques of recognition and identification emblems of religious orders or historical
agencies,provided
13
�'��
that such signs are placed on or cut into the building, are not intemally illuminated, and
do not exceed nine square feet; and !
�
L. Window Signs. Window signs subject to the limitations 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.
1.'; �_�1'v_i_C r'r�'ll� �IS?'t?S. �'•1�:;C .111C�'(�1__�.�11.�J Si)(i11S(;1-C.(.i i:\!Clli til!?1lS llT;_i_~lj��])1":?�)C!'f��.�
O. Staie and/or Federal Mandated Si�iis State andloi- federal lnandated si�ns,
includin� state Iotterv anc� cei-tified snioa siation si�ns. (Ord. 1720, (part), 1996;
Ord. 1624, (part), 1993)
14
�.�t�
CHAPTER 17.20: PROHIBITED SIGNS
section
17.20.010 Prohibited signs designated.
�7.20.010 �'2-ohibitec� Signs Designated.
The following signs axe 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 17.24.150;
� C. Audible Signs. Advertising displays which enut 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;
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 pazking 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 standaxd advertising or
identification practices where such advertising displays are painted on or permanently
attached to a business or cornmercial vehicle which is actively being used by the business
unless the vehicle is in violation of the pazking ordinance. (Ord. 1624, (part), 1993)
15
,2'0�0
CHAPTER 17.24: SIGN REGULATIONS
secfion
17.24.010 Intent and applicability of provisions.
17.24.020 Sign program—Required when.
1 l.'?4.t)3f) Si�n program--Infonnation required.
17.24.040 Signs in special planning districts.
17.24.050 Wall signs—Number of signs pemutted.
17.24.060 Wall signs—Commerciai and industrial districts.
17.24.070 Wall signs-0ffice and institutional districts.
17.24.080 Wall sign location.
17.24.090 Permanent window signs.
17.?4.100 Ground signs—Number of signs permitted.
17.24.110 Ground signs—Size.
17.24.120 Crround signs—Location.
17.24.130 Ground signs—Information contained.
17.24.140 Crround signs—Gasoline service stations.
17.24.1�0 Electronic readerboard signs.
17.24.160 Changeable copy signs.
17.24.170 Freeway orientation.
17.24.180 Desiga criteria.
17.24.190 Illumination restrictions.
17.24.200 Decorative statuary.
17.24.210 Obstructions prohibited. �
17.24.220 Signs near residences.
17.24.230 Residential districts—Nazne plates and street or unit numbers.
17.24.240 Residential districts—Development identification signs.
17.24.250 Construction and maintenance specifications.
16
�'�1
17.24.260 Summary of regulations for signs according to districts.
17.24.270 Beverage container recycling signs.
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—Required When.
A. All developments in a commercial, office, industrial, institutional, or residential
district shall adopt a comprehensive sign program. The sign program shall be filed with
the Director and shall specify standards for consistency among all signs within the
development. All regulations in this chapter shall be used as criteria for developing the
sign program.
B. The adoption of a sign prograzn 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. (Ord.
1624, (part), 1993)
17.24.030 Sign Program—Information Required.
On any commercial, office or industrial site, or building requiring a sign program, the
owner shall submit to the Director a sign program containing the following:
A. An accurate plot plan of the site at such scale as the Director may reasonably
require;
B. Location of buildings,parking lots, driveways, and landscaped areas on the lot;
C. Computation of the maximum total sign area, the maximum area of individual
signs, the height of signs and the number of freestanding signs;
D. An accurate indication of each present and future signs not exempt by this title;
and
E. Specifications for consistency among all signs with regard to:
1. Color scheme;
2. Sign type(individual channel letters, can sign, wood signs, etc.);
3. Lighting;
17
,2-�.2
.
4. Location of each sign on the buildings;
5. Materials;
6. Sign proportions;
7. Any other pertinent information as required by the Director. (Ord. 1624, (part),
1993)
�7.24.040 Signs in 5pecial Planning Districts.
Any business regulated by the Monta Vista Design Guidelines or any area regulated
by a specific plan shall be subject to the sign regulations contained within those plans.
(Ord. 1624, (part), 1993)
17.24.050 Wall Signs—Number of Signs Permitted.
A. Except for residential districts, each business with exterior fronta.ge shall be
permitted one wali sign.
B. One additional wall sign sha11 be pennitted under any one of the following
circumstances,provided there is no more than one wall sign on each side of the building:
1. For businesses which do not have a ground sign and the business is adjacent to
more than one street; or
2. The sign is directed to the interior of the project and not visible from a public
right-of-way. (Ord. 1624, {part), 1993) (
17.24.060 Wall Signs—Commercial and Industrial Districts.
A. In retail commercial or industrial districts,wall signs shall not exceed one square
foot of sign area per one foot of the store frontage on which the sign is located. The
Iength of the sign shall not exceed seventy percent of the store frontage. The lengtli of the
sian shall be deteinuned bv dle total comUined len�th of each i-o�v of copv on the si�n.
Each business shall be allowed a minimum twenty square foot sign. No wall sign sha11
be greater than two hundred square feet in area.
B. Where arclutecturallv coinpa.tible c��ith the buildin�desi�n, �the maximum �
height of a wall sign is regulated by the following criteria:
1. Eighteen inches for signs set back fifty feet or less from the face of curb;
l�o«-ever a double row of coQv on a«-all si�i is p_ennitted if it complies with Section
l 7 24 060(A) and does not exceed a maximum heiaht of thirtv-six inches;
18
,� '�3
2. Twenty-four inches for signs set back more than fifty feet from the face of curb;
ho«-ever a double ro�� of conv is perniitted if it complies ��riih Section 17.?4.060t.°�) a.i�d
does nat exceed a maximum hei�ht of fortv-ei�ht inches;
3. Twenty-four inches for businesses with five thousand square feet or more of
tenant sQace regardless of the setback; however, a double row of copv is pernlitted if it
complies with Se�ction 17 24 060(A) and does not exceed a nia.�unuin hei�ht of fortv-
ei�ht inches;
4. Thirty-six inches for businesses with ten thousand square feet or more of tenant
_;pac�: and set back one hundred feet rn-more_li-c�E�� the�acc c�f;�tirl,;_i-�c�r��c��c�-,=i ��oi;1�i,.
rt���- of�co�y is permitted if it com�lies with Sectiun 17.2�.1►6U(A) ��d does not e�ceed a
mavmtun liei�,ht of fortv-ei�ht incl�es;
5. Forty-eight inches for businesses with twenty thousand square feet or more o f
teaant s�ace and set back one hundred feet or more from the face of curb.
Table Summarizin�1'�'all Sign Hei�ht Requirements
Comn�ercial/Industrial < 50 ft. > 50 tt. Min. 100 ft. Min. 100 ft.
Districts setback from setback from setback from setback from
face of curb face of curb face of curb face of curb
or tenant and tenant and 'tenant
space of s ap ce of s a� ce of
5.000 — 10,OQ0 sf— 20,000 sf+
9 999 sf 19 999 sf
Sing�e Row of Si nQ CODV 18 inches Z4 inches 36 inches 48 inches
Double Row of Sign Coqv 36 inches 48 inches 48 inches 48 inches
Office/Institutional < 50 ft. > so ft.
District setback from setback from
face of curb face of curb
SinQle Row of Sign Copv 18 inches 24 inches
Double Row of Sign Copv 36 inches 48 inches
tNher� such wall si�ns are not arclutecturallv cuinpatible ti�•ith the buiIdin�
design, the applicant nia�� ak�.�lv for a Sign Exce�tion per Cha}�ter 17.�."
See Appendix A-8, Example of How to Figure Size of Wall Sign, on file in the office
of the City Clerk and the Planning Department, for example. �
19
;�--��
C. Wa11 signs that �-�ic� are internally illuminated shall be designed in a manner so
that the light source is not directly visible. Neon lighting, v��hether exposed or visible
tlu-ou�h any si�,n face, and used in the lettering design or accent of any wall sign shall
require approval from the Desi�n Review Coinnvttee D'�-��;,,R r�m,n;rr�. (Ord. 1624,
(part), 1993)
17.24.070 Wall Signs—Office and Institutional Districts.
A. Signs for businesses in an office or institutional district s1�a11 not exceed one
square foot of sign area per one Iinear foot of frontage. Further, each sign shall not
exceed forty square feet and shall not exceed seventy percent of the frontage the business
occupies in the building.
B. W11ere architecturally com�atible��Jit�i die buildin�desi�n, �he maximum height
of a wall sign in an office or institutional district is eighteen inches; ho��ever, a douUle
row of cop.v is�emvtted if it complies��vith Section I7.24.070(A) and does not exceed a
maximum height af tlurtv-six iilches. Wall signs set back from the face of curb
�e more than fifty feet are pernutted a ina�imum �height of twenty-four inches_
however a double roti�f of coQv is�ermitted if it complies with Section 17.24.07U(A�) and
does ilat exceed a maxiinum height of foity�-ei�ht inches. Where�uch v��all si�.tis are
not architecturall� compatible with the Uuild'u1b� desi�n, �le dUp11C1I1t ri1c1�r apUlv
for a Sign Exce�tion��ei Chapter 17.�4." (Ord. 1624, (part), 1993)
17.24.080 Wall Sign Location.
A. Wall signs shall not project above the roof line of the building.
B. Wa11 signs shall not extend above the top 1eve1 of the wall upon which it is
situated and shall not project more than six feet from a building.
C. No projecting wa11 sign shall extend into a public right-of-way more than twelve
inches. Any projecting sign shall have a vertical clearance of at least fifteen feet above a
private or public vehicular roadway, alley, driveway or parking area, and at least eight
feet above a sidewalk,pedestrian ma11 or landscaped area.
D. A wall sign which is an integral part of the face of an architectural projection
shall not project beyond the face of the architectural projection more than two feet. (Ord.
1624, (part), 1993)
17.24.090 Permanent Window Signs.
A. Permanent window signs, including neon window signs in commercial districts,
may be placed in addition to the allowable wall signs and shall be considered part of the
allowable wall sign area.
20
�2��5
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
each window• pane.
C. Each business in a commercial district may be pernutted neon windo�v signs
totaling not more than four squaze feet. Use of neon window signs does not require
DesiQn Re��iew Committee review. l`Tean li�htina is prohibited as a
border oii a window or storefront, and is not�a.rt of a neon wuldow si�n.
D. One "OPEN" sign not exceeding two square feet may be permitted without
penalty to the all�wable window coverage. (Ord. 1624, (part), 1993)
17.24.100 Ground Signs—Number of Signs Permitted.
Except for residential districts, each site meeting the following criteria shall be
allowed one ground sign.
A. The site has a minimum of one hundred feet of frontage with a combination of
street frontage and building setback totaling one hundred fifty feet. For sites located on a
corner the sign must be located on the street frontage of the site's address.
B. Sites with over five hundred feet of frontage may have one additional sign. A
development consisting of two or more businesses in one building or a single site with
more than one building shall provide for common usage of the sign. (Ord. 1624, (part),
1993)
17.24.110 Ground Signs-�Size.
A. Each ground sign allowed within the city shall be limited to eight feet in height.
The height of a ground sign shall be determined by measuring from the grade of the
adjoining closest public sidewalk to the highest portion of the sign, including the trim.
B. The aggregate sign area of all ground signs on a site shall not exceed a total area
equal to one square foot for each four linear feet of street frontage of the site.
C. The aggregate sign area of all ground signs shall not exceed an area of one
hundred square feet.
D. The sign area for"V" shaped signs and signs with more than two faces shall
include the area of all faces of the sign. All other double-faced signs need on]y count the
larger of the two surfaces into the sign area.
See Appendix A-9, Example of How to Figure Size and Location of Ground Signs,on
file in the office of the City Clerk and the Planning Department, for example. (Ord.
1624, (part), 1993)
21
�'�
17.24.120 Ground Sigas—Location.
The location of all ground signs shall meet the following criteria:
A. Every ground sign shall be located wholly on the property for which the use the
sign is advertising is located on.
B. No portion of any ground sign shall be located closer than one foot from the
public right-of-way.
C'. T�To portio�� of any sign over three feet in height shall be located within a corner
triangle or sidewalk site iriangle.
D. No ground sign shall be located closer than one hundred feet from any other
ground sign on the same property.
E. Ground signs located on interior lots having less than two hundred feet of
frontage shall be positioned within the center fifty percent of the lot frontage. Interior
lots with more than two hundred feet of frontage shall locate ground signs no closer than
fifly feet from a side property line. (Ord. 1624, (part), 1993)
17.24.130 Ground Signs—Information Contained.
A. The number of tenant names on a multitenant ground sign is limited to five. For
multitenant signs in a cornmercial district only, each tenant name shall not be less than
six inches in height with a minimum of four-inch space between tenant names. A
shopping center or other multitenant commercial development with a center name shall
emphasize the name on the sign.
B. Street address numbers or the range of numbers for businesses shall be clearly
displayed on the ground sign for easy visibility by passing motorists. If no ground sign
exists the street address number or range shall be clearly displayed on the building.
Street address numbers shall be a minimum of five inches high as required by Section
16.04.050 of the Cupertino Municipal Code. (Ord. 1655, (part), 1994; Ord. 1624, (part),
1993)
17.24.140 Ground Signs—Gasoline Service Stations.
Gasoline service stations are permitted one ground sign regardless of street frontage
with the following criteria:
A. The fuel price sign shall be incorporated into the gasoline service station ground
sign and be computed in the permitted sign azea;
B. A second fuel price sign may be attached to the wall of the service station
building facing the public street in instances where a service station is not identified by a
22
. �-��
ground sign. The price sign shall be permitted in addition to any building mounted sign
allowed for the site under Section 17.24.050 of this chapter;
C. The number of product prices listed on the ground sign or wall sign display, shall
not exceed six per face. The letter size of the price display sha11 not exceed the minimum
specifications contained in Section 13532 of the California Business and Professions
Code. (Ord. 1624, (part), 1993)
17.24.150 Electronic Readerboard Signs.
Electronic readerboard signs are recognized as an important advertising device for
larger commercial retail centers, but may not be appropriate for all centers as an over
proliferation of these devices may have adverse effects on the community. The Planning
Commission may approve one electronic readerboard sign under the following criteria.
A. An electronic readerboard sign may only be approved for shopping centers
which have twenty tenants or more and a minimum of fifty thousand square feet of gross
floor area.
B. The sign shall not be located closer than five hundred feet from any residential
district on the same street as the sign.
C. The background of the readerboard portion of the sign shall be the same color as
the primary background. Where this is not practical, a shade of the same color or a color
which is complimentary to that of the primary background may be considered.
D. The sign shall follow the design criteria as established in Section 17.24.180.
E. The electronic readerboard sign shall be regulated by the same height, size, and
location criteria as ground signs in commercial districts regulated by Sections 17.24.110,
and 17.24.120.
F. Retail shopping centers with an electronic readerboard si�� shall have restricted �
use of special signs as required in Section 17.32.090. (Ord. 1624, (part), 1993)
17.24.160 Changeable Copy Signs.
Changeable copy signs in commercial districts shall be permitted only to the extent
that they conform with and are included in the total sign area permitted for a business in
that district and are deemed necessary to the type of inerchandising required by the
particular business. Such signs shall consists of a permanent sign and symbols or letters
made of plastic,metal or computerized material approved by the Director. Chalk,
crudely painted or other improvised lettering shall not be permitted. (Ord. 1624, (part),
1993)
17.24.170 Freeway Orientation.
23
,,•2'�8
A. All signs located within a commercial, industrial, or office district and within six
hundred sixty feet of a"landscaped freeway," measured.from the edge of right-of- way,
shall be oriented to the regular street system adjoining the property rather than to an
orientation that is exclusively visible from the freeway. Signs may be oriented to the
freeway, subject to the approval of the Planning Commission.
B. Signs must be intended for company identification purposes only, be building
mounted, and not exceed the size limitations for building mounted signs otherwise
prescribed in this title. Copy content for company identification purposes shall be kept as
simple as possible to avoid excessive c(utter and to aid in the legibility af the sign's
messa�r,.
C. On-site signs of a temporary nature, such as for sale or for lease signs, may be
oriented to the freeway for a lunited period of time subject to the restrictions of Section
17.32.070.
D. Only one building mounted sign oriented to a freeway shall be allowed per
business, or per tenant in a building which is occupied by two or more tenants. However,
not more than two freeway-oriented building rnounted signs shall be allowed on any
single building or structure at any time, notwithstanding the total number of tenants in the
building or structure. Freestanding signs shall not be allowed for freeway identification
purposes.
E. In addition the regulations contained in this title, signs not exempted or excluded
by Section 5272 of the State of California Business and Professions Code shall be
regulated by the "Advertisers" chapter of that code. (Ord. 1624, (part), 1993)
17.24.180 Design Criteria.
Aithough 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 desi�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 sha11 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-2, Examples of Well Proportioned Signs, Examples of
Signs Not Well Proportioned, on file in the office of 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. Each sign shall be compatible and cornpliment the architectural style of the
building with which it is principally associated, by incorporating its colors, materials,
24
;2'��i
shape and design. The sign shall also be compatible with the aesthetic character of the
surrounding developments and neighborhood.
D. Background panels should be consistent in muted colors.
E. Sign copy shall be simple and concise, without excessive description of services
or products.
F. Wall signs shall not project above the eaves of the roof or top of parapet.
G. The sign.'s color and illumination shall not produce distraction to motorists or
nearby residents. (Ord_ i Ci24, (part), 1993)
17.24.190 Illumination Restrictions.
A. .�c�°°�1�Teon lighting whethei-e�posed or visible throuQh anv si�l face, and
used in any wall or ground sign shall require approval by the Desi�n Re�-ie��� Commitiee
nt ., �,,.,.,,,;�,.;��
v •
B. The intensity of illurnination 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 to passing motorists or residents in the surrounding neighborhood.
C. The color and thiclrness of the sign panels as well as the brightness of the bulbs
used to illuminate the sign shall be designed in such a manner as to avoid excessive
illumination and glaze.
D. 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.
E. AlI exterior lighting shall be placed in a manner so that the light source will not
be seen from off the site. (Ord. 1624, (part), 1993)
17.24.200 Decorative Statuary.
Decorative statuary may be permitted in commercial, institutional, industrial and
of�ice districts in conjunetion with the overall architectural design of the buiiding, the
landscaping scheme and the sign program for the business. The Design Review
Comniittee shall make a determination as to whether a structure is
advertising sta.tuary or decorative statuary, and shall only approve decorative statuary
which is made an integral part of the site design and theme of the use or business. If ihe
Desi�n Review Committee detennines that the decorati�-e statuarv is cansidered fine a�rt.
tl�e DesiQn Review Committee mav refer review of the de�corative statuarv to another
25
02-��
cominission Becorative statuarv that is noi publiclv L-isible is exempt ti-om the
requireinents of this section. (Ord. 1624, (part), I993)
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, sidewallc
or bike path. (Ord. 1 b24, (part), 1993)
17.24.220 Signs near Residences.
No sign other than those pemutted in a residential district shall be located closer than
one hundred feet from any residential districts except if the sign surface is mounted in
such a manner so as not to be visible from any residence within one hundred feet of the
sign. (Ord. 1624, (part), 1993)
17.24.230 Residential Districts—Name Plates and Street or Unit Numbers.
Each residential unit shall be permitted name plates of two square feet or less and
street or unit numbers. (Ord. 1624, (part), 1993)
17.24.240 Residential Districts—Development Identification Signs.
Developments containing twenty units or rnore sha11 be permitted one identification
sign which shall not exceed five feet in height and shall be no greater than thirty-two
square feet per side. Such signs shall be placed adjacent to the major entry of the
development. Projects having frontage on more than one street shall be permitted one
such entry sign on each street. Identification signs shall contain only the name and
address of the development. (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 rnai.ntained in satisfactory
condition or be immediately repaired or replaced.
26
A2'�
C. All electrical, gas or other utility service and other pertinent fixtures sha11 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 replacement or repair of any defective parts; painti»g, cleaning anci any
other work necessary to maintain the sign and any landscape planter associated with the
sign. (Ord. 1624, (part), 1993)
17.24.260 Summary of Regulations for Signs According to Districts.
Appendix A-3, Summary of Sign Regulations According to Districts, on file in the
office of the City Clerk and the Planning Department, summarizes general sign
regulations according to districts. (Ord. 1624, (part}, 1993}
17.24.270 Beverage Container Recycling Signs.
A. A dealer of beverages sold in containers which is subject to provisions of the
California Beverage Container Recycling and Litter Reduction Act of 1986 may display
one building mounted single face sign not exceeding ten square feet in azea which sets
forth the information concerning a certified recycling center, as described in Sections
14570 and 14571 of the Public Resources Code. Such sign shall be allowed in addition to
any other signs allowed for the dealer in accordance with the provisions of this chapter.
B. Signs for certified redemption centers shall be subject to the limitations and
review procedures applicable to the zoning district in which the redemption center is
located. (Ord. 1796, (part), 1998; Ord. I624, (part), 1993)
27
�2.-3�r
CHAPTER 17.32: TEMPORARY SIGNS--REGULATtONS
sechon
17.32.010 Temporary signs—Location.
17.32.020 Flags.
i 7.3Z.U3{) C7ara�e sale signs. �
17.32.Q40 Temporary political signs.
17.32.050 Project announcement signs.
17.32.06Q Residential real estate signs.
17.3?.070 Sale, rent or leasing signs.
17.32.U80 Subdivision directional signs.
17.�2.090 Temporary and special event signs and promotional devices.
17.32.1 UO 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 building, structure or device peimanently affixed on public 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 generaily
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.O10A
above, temporary signs may be placed upon the public right-of-way as prescribed in the
subsection below:
1. Sha11 only be located in the public right-of-way of a residential or institutional
district, as defined in this Title.
28
:� '33
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
adj acent ground level.
4. Shall have a ma�cunum 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:
i. Shall not be Iocated on the street or on street medians.
2. Shall not be illuminated.
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. Sha.11 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.O1 OB, C and D shall not be applicable to the
following:
l. The maintenance of signs affixed or painted upon public or private motor
vehicles;
2. The maintenance of si�ns 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 banners affixed to the top of the city-owned light poles
located over Stevens Creek and De Anza Boulevazds; 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)
29
-,;1.-'��
17.32.020 Flags.
A. Special-event flags and streamers may be pemutted on a temporary basis in all
commercial districts in conjunction with a grand opening or special-promotional activity.
Flags will also be permitted in residential zones to identify model homes which are part
of a new development.
B. No special-event flag may be higher than twenty feet above ground level.
C. No more than two flag poles shall be permitted for each model ho�ne for a
maximum of one year.
D. The number of flags or streamers permitted for a commercial activity shall be
subject to the approval of the Director in conjunction with a comprehensive plan for the
special-event promotion. Flags and streamers may be pernutted for a two-week period.
E. Special event flags or streamers shall be completely removed not later than five
days after the special event to which they pertain is scheduled and are otherwise govemed
by the provisions of Section 17.32.090. (Ord. 1926, § 1 (part), 2004; Ord. 1796, (part),
1998; Ord. 1624, (part), 1993)
17.32.030 Garage Sale Signs.
A. Signs advertising a bona fide garage sale activity, as defined in Chapter 5.16 of
the Cupertino Municipal Code, shall be permitted which are less than eight square feet in
area and six feet in height. These signs are to be located on the property where the sale is
being conducted.
B. Three additional garage sale signs may be allowed in the public right-of-way in
accordance with the restrictions stated in Section 17.32.010. (Ord. 1926, § 1 (part), 2004;
Ord. 1624, (part), 1993)
17.32.040 Temporary Political Signs.
A. Location. Notwithstanding any provision in this chapter to the contrary,
temporary political signs are permitted in all zoning districts of the city,require no
permits or approvals from the city, and are subject only to the following restrictions:
1. Like all other temporary signs, they are allowed in the public right-of-way
pursuant to Section 17.32.O10A, B, and C;
2. Like all other temporary signs, they shall not be located on private property
without the oral or written consent of the property owner or other person entitled to
possession of said property;
3. Temporary political signs must be completely removed not later than five days
after the election to which they pertain. The city,pursuant to the provisions of Chapter
. 30
�-,3r.
�
17.52 of this Municipal Code, may cause such signs remaining after expiration of the
appropriate five-day period to be removed;
4. Like all other temporazy signs, if the Director of Public Works finds that any
temporary political sign otherwise pernutted is an immediate peril or menace to
pedestrian or vehicle traffic,he or she may cause it to be removed summarily pursuant to
Section 17.52.040C of this Municipal Code. (Ord. 1926, § 1 (part), 2004; Ord. 1796,
(part), 1998; Ord. 1755, (part), 1997; Ord. 1655, (part), 1994; Ord. 1624, (part), 1993)
�7.32.05U Pi-oject Announcement �igns.
A. New projects under construction, including subdivisions of five units or more,
may be permitted signs which state the name of the project and/or the contractors and
developers involved with its construction. The signs shall be subject to the approval of
the Director.
B. No more than two freestanding signs containing the name of the project, the
owner, address and telephone number, leasing information, dates of anticipated
completion and a listing of the contractors involved in the project are permitted for each
proj ect.
C. Each sign shall be no larger than thirty-two square feet per side and no taller than
six feet in height.
D. Project announcement signs may be permitted for a maximum of one yeaz or
until all of the units are sold, whichever comes first. Extensions may be granted by the.
Director if the project has not been completed. (Ord. 1926, § 1 (part), 2004; Ord. 1624,
(part), 1993)
17.32.060 Residential Real Estate Signs.
A. Subject to the restrictions contained in Section 17.32.010, real estate signs shall
be permitted in a11 zones for the purpose of announcing house sales,rentals and open
houses.
B. On-Site Requirements. Each parcel with a unit for sale or rent is permitted one
sign per street frontage,with a maximum of two signs per parcel. Only one sign may be
building-mounted. Each sign is limited to four square feet per side. Freestanding signs
shall not exceed six feet in height and shall be subject to the requirements stated in
Section 17.32.010.
C. Off-Site Signs Announcing House Sales or Rentals. Signs located off-site
announcing house sales or rentals are subject to the same requirements as on-site signs as
stated in Section 17.32.060B and Section 17.32.010.
D. Off-Site Open House Signs. Each parcel with a unit for sale is permitted a
maximum of six open house signs subject to the requirements stated in Section
31
oZ��
17.32.010. (Ord. 1926, § 1 (part),2004; Ord. 1886, (part), 2001; Ord. 1720, (part), 1996;
Ord. 1624, (part), 1993)
17.32.070 Sale,Rent or Leasing Signs.
A. Sale,rent or leasing signs shall be pernutted in all zones except residential
zones. Signs for residential zones are stated in Section 17.32.060 of this chapter.
B. The signs may inciude the name of the real estate agent ar owner; the address,
phone number and a�zy other pertinent infonnatio�l.
C. Each parcel shall be allowed to display one sale/rent/lease sign on each public
street frontage. Each sign face shall be limited to thirty-two square feet, with a maximum
of two faces per sign. Each sign shall be limited to a height of six feet. "V" shaped signs
are prolubited.
D. A building mounted sale/rentllease sign may be used in Iieu of a freestanding
sale/rentllease sign. One building mounted sign may be placed on each building
elevation facing an adjacent public street; provided, that a freestandi.ng sale/rentJlease
sign as described in subsection C of this section is not displayed concurrently on that
public street frontage. The sign shall be restricted to thirty-two square feet of face area,
and shall be located and displayed in accordance with the provisions of Section 17.24.080
of this title regarding clearance, obstruction and roof-line line level.
E. Signs for purposes of sale, rent or lease shall be pernutted for display off site.
Display of such off-site signs shall be confined to private property, subject to the
approval and cooperation of the properiy owner upon whose property the off-site sign.is
to be located. The off-site signs sha11 be limited to one sign per street frontage, with a
maximum of two signs per off-site parcel. The off-site signs shall have a maximum of
two faces, and shall not exceed thirty-two square feet in area per�face, nor exceed a height
of six feet. The location of such off-site signs is subject to Section 17.32.010.
F. (1) For sale/rentJlease signs may be installed up to thirty days prior to any
tenant vacancy.
(2) Immediately following the close of sale, rent or lease of the space or building
the sale,rent or lease sign shall be removed.
G. For sale/rent/lease signs may not reasonably obstruct the visibility of any
permanent ground sign. (Ord. 1926, § 1 (part), 2004; Ord. 1720, (part), 1996; Ord. 1624,
(part), 1993)
17.32.080 Subdivision Directional Signs.
A. Subdivision directional signs for developments within the city may be permitted
in all zones other than residentiai,to direct customers along the most d.irect route through
32
,�--3�
the city. Subdivisions not in Cupertino shall not be permitted subdivision directional
signs.
B. A total of three such signs per subdivision shall be permitted within the city as
determined by the Director.
C. Each sign shall not exceed six feet in height and thirty-two square feet in area
and have no more than two sign surfaces. "V" shaped signs are prolubited.
D. The signs may be permitted for a one-year period or until all units are sold by the
suhdivision develaUer, whichever c�mes first. Extensians m.ay he granted by the Director
if the project has not been completed.
E. The location of subdivision directional signs shall be subject to Section
17.32.010.
F. Applications for subdivision directional signs sha11 include a list of all other
existing signs for the same subdivision, indicating the sign surface area and street
location of each sign. (Ord. 1926, § 1 (part), 2004; Ord. 1624, (part), 1993)
17.32.090 Temporary and Special Event Signs and Promotional Devices.
The Director may issue a permit for temporary special event signs,banners,pennants
or balloons and promotional devices in all commercial, industrial, office or institutional
districts subject to all criteria set forth in this section.
A. 1. Each business may be permitted use of one temporary special event sign
subject to the tenant schedule in subsections C or p of this section. Each business may
� have the use of temporary signs for�a maximum of one hundred twenty days in a calendar
„+ ,.**� o.-,.eea +i.,;,-�,.,�., a, „�. .,,, ;,—*°a „o...,,a v t� t, e.. ,,,,.u>ti.e
yP.al'_ - .-_.---c --�,r•..-.�, L�_u``_ . �,,,
A ;.,-,,,.,� ..,o,-,�c�_.,�r,
, irv
2. One additional temporary sign and one additional promotional device may be
allowed dwing the first year of operation for a new business entity for purposes of
announcing the grand opening of the business entity.
3. A portable freestanding temporary sign shall not exceed five feet in hei_l�t and 20
s uare feet er face with a maxuuurn of rivo faces. It sha11 not be set into the around znd
inust be remo��ed at the close of bu.si�less each dav. It shall iiot be located closer tha�l 10
feet from anv drive«•ay andlor sidewalk Ai� accurate revroduction of the siQn shall be
subinitted as part of the ten�orarY siQn application. '.
. �
�� �� �
•D ' . . �
41�. .. e �, ,,.. e.,.,ti, .a.,,.
° �e ef� Qi [1ie GSO'C �QTD'LCJ11Z�3J c+ua.a• as
4. A temporary banner shall be building mounted only, shall have only one face not
exceeding one hundred square feet in area, and shall be placed on the building in
33
,2'3S
accordance with the limitations specified in Section 17.24.080 of this title regarding
clearance and roofline level.
B. 1. Special promotional devices,such as large balloons or searchlights, may be
approved for a maximum three-day period or five days for grand openings, four times
within a calendar yeaz, subject to the following:
a. Parking is not displaced;
b. The device is compatible with adjoining uses. Of major concern is proximity to
residential properties;
c. The device is not located in a landscaped front setback area;
d. Tethered balloons used for special pxomotional purposes may not exceed a height
of twenty-five feet above the building where the special event is occumng;
e. Meets the tenant schedule in subsections C or p of this section.
2. The Director shall review a requested use of any special promotional device, such
as searchlights, hot air balloons,rides, traffic/parking directional signs within the public
right-of-way and the like, in relation to the type of activity and the appropriateness of the
activity to the surrounding neighborhood.
3. There is no specific limitation on the number of traffic/parking directional signs
which may be used on a site on the specific day of the special promotional or temporary
event. '
4. However, the Director shall review the number and placement of signs requested
to be placed in the public right-of-way, and may restrict the number and placement of
such signs in order to ensure that adequate sight distance and traffic safety clearances are
maintained as required in Section 17.32.010.
C. A temporary sign and center-wide event signs may be perrnitted in accordance
with the following schedule:
Number of Tenants Number of Signs
Pemvtted
3 tenants to 6 tenants --1 tenant display or 1
center display
7 tenants to 13 tenants --1 tenant display+ 1
center display
14 tenants to 20 --2 tenant displays+ 1
tenants center display
71 tanantc tn 77 --'� tanant riicr�lavc + 7
34
;�-3�
tenants center displays
28 tenants or more --4 tenant displays + 4
center displays
D. 1. Shopping centers with approved electronic readerboard signs shall only be
allowed building mounted banners.
2. Freestanding temporary or special event signs for individual tenants are not
allo��ved.
3. 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
E. 1. Notwithstanding any provision to the contrary contained in this chapter,but
subject to any maximum duration regulations contained in this chapter, all special event
temporary signs must be completely removed not later than five days after the conclusion
of the special event to which they pertain.
2. The city,pursuant to Chapter 17.52 of this Municipal Code, may cause the signs
remaining after expiration of the appropriate five-day period to be removed. (Ord.
1926, § 1 (part),2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part),
1993)
17.32.100 Window Signs.
A. Wi.ndow signs shall be permitted in all commercial zones.
B. The total azea of any window obscured by any combination of permanent and
temporary window signs shall not exceed twenty-five percent of the window surface of
each windo«T pa.ue.
C. Signs within a window shall be considered temporary if they remain on the
window for less than tbirty days, and shall not be subject to review. Window signs
intended to remain on display for more than thirty days shall be considered permanent
window signs as regulated by Section I7.24.090. (Ord. 1796, (part), 1998; Ord. 1624,
(part), 1993}
35
��
CHAPTER 17.44: SIGN EXCEPTIONS*
Section
17.44.010 Authority.
17.44.020 Application and fee.
17.44.U;U Desi��� Review C`ommittec 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 histor�: Ords. 1624 and 1655. � �
' I7.44.010 Authority.
� The Design Review Comrnittee 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 sha11 be made in writing to the Design Review Committee 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.
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
in the last assessment roll)which abut the subject property, as well as property and its
36
�2'�
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 ten days prior to the Design Review Committee meeting in which the
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 negaiive effects on nearby residential.
areas, the Director, in his discretion, �nay expaiid nolicing beyoiid the slated
requirements.
C. Compliance with the notice provisions set forth in this section shall constitute a
good-faith effort to provide notice, and fa.ilure 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 tiased upon all the following�
findings:
A. That 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), 1998)
17.44.050 Action by Design Review Committee.
The decision made by the Design Review Committee is final unless appealed in
accordance with Section 17.44.480. (Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part),
1998) �
17.44.064 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
37
���
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
become null and void upon written notice from the Director to the property owner and/or
tenant. (C�r�i. l 7R9, S 1 (part), l 998)
17.44.080 Appeals.
A. Any person aggrieved by a decision of the Design Review Conunittee in the
approval, conditional approval, denial or revocation of an exception for a sign may
appeal such a decision in writing to the Plaruung Comnvssio�i�'�*;� r"� „�;,.
B. The appeals shall be made within fourteen calendar days of the DesiQn Re�iie���
Comnvttee °' ~,,:,,R r"„"";"";"" meeting by means of a letter in writing to the Plaiuu���
Cornmission��+••�'�_� stating the grievances. �
C. The appeal shall folla�� the prQCedures as set foi-ih in Chapter 19.136, escept th�t
Plannin�;Cominissioii will make the fiilal deeisiori on the aUpeal. '�° ������~~�•��°�'~tLt',°
-,
E�
. �
� �+ +� *• �*��+ �*��_� �-,,,�.. :*��,� ���� (Ord. 1844, § 1 (part), 2000; Ord.
� °J �.�� u.,�
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)
� 38
� �,-�3
CHAPTER 17.52: C�MPLIANCE AND ENFORCEMENT
Section
17.52.Q10 Interpretation and enforcement of provisions.
17.52.020 Nonconforming signs.
i r.���'.U3�; Abandoned or disce�ntinued si�ns.
17.52.040 Illegal signs—Notice required—Summary removal authorized when.
17.52.050 Storage of removed signs.
17.�2.060 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.
I 7.52.090 Appeals from decisions of the Director.
17.52.010 Interpretation and Enforcement of Provisions.
The Director 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 in relation to this title
may be appealed by the Planning Commission set forth in Section 17.52.090. (Ord.
1624, (part), 1993)
17.52.020 Nonconforming Signs.
A. A nonconforming sign,unless made to conform to the provisions of this title,
may not be structurally altered, expanded,moved, modified in any way,be reestablished
after:
1. Discontinuance for ninety days or more; or
2. Damage or destruction of more than fifty percent.
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, sha11 be permitted to remain until such time as:
1. There is a change in the use of the properiy that the sign is located on;
39
�'�
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; or
3. There is a change of face constituting fifty percent or more of the existing total
sign face area at any one time; expansion, movement or modification of the sign. A
change of face of a single tenant name panel constituting less than fifty percent of the
total existing sign face area in a multitenant sign shall not constitute grounds for
modification of a nonconforrning sign.
(`. At such tiinc as any �f the events mentioned in subsections A and g �ccur, th�.
sign must be brought into conformance with this title. Any business with a
nonconforming sign 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—Sammary Removal Authorized When.
A. If the Director finds that any permanent 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 shall in
writing inform the owner and the tenant of the property on which the sign or structure is
located 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 civii sanetion as provided by law.
B. If the Director finds that any temporary sign or advertising device is in violation
of this title or any other
pertinent ordinance of the City, the Director 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 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 shall cause it to be summarily removed. Upon removal, the
Director shall give written notice to the owner. (Ord. I624, (part), 1993)
40
fl2-'f5
17.52.050 Storage of Removed Signs.
Any sign removed by the Di.rector shall be stored in the City corpora.tion yard and may
be claimed within thirty 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 iiot claimed ���itlun tlurty davs after removal bv the Citv, the Citv
shall dis�ose of the siens. (Ord. 1624, (part), 1993)
�7.52.Of[i �w�er ResponsiY�fe �at• lZemovai, ,�{ter�tfa� rz�- �2elocatia� �'osts�
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
Attomey is authorized to bring and prosecute an action in a court of competent
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), I993)
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 to order the removal of a
sign,may appeal such order or decision to the Planning Commission.
B. The appeal shall be made in writing, accompanied by the same information,
application and fee required for other applications made to the Planning Commission.
C. Upon filing the appeal,the item shall be placed on the Planning Conunission
agenda and reviewed in accordance with the adopted procedures of the Planning
Commission.
41
�'`�
D. The decision by the Planning Commission shall be final unless appealed in the
same manner as required in Section 17.44.080. (Ord. 1624, (part), 1993)
42
�-�7