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PC Reso 6523 MCA-2008-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6523 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER 17 OF THE CUPERTINO MUNICIPAL CODE ALLOWING TEMORARY OUTDOOR SIGNS OR DISPLAYS 17.32.090 Temporary and Special Event Signs and Promotional Devices. The Director may issue a permit for temporary special event banners, portable freestanding signs, 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. Public Objectives: a. Enhance pedestrian experience, activity and convenience. b. Maintain the economic stability of the City by enhancing vitality of business. c. Provide attractive, effective and visible identification reflecting the individual character of the business. 2. Each business may be permitted the use of one (1) temporary special event banner subject to the tenant schedule in subsections C or p of this section. Each business may have the use of a temporary banner for a maximum of one hundred twenty (120) days within a 360 day period. 3. One additional promotional device may be allowed during the first year of operation for a new business entity for purposes of announcing the grand opening of the business entity. 4. Each business may be permitted the use of a portable outdoor display or sign subject to the following conditions: a. Scope: Portable outdoor display or sign shall include but not be limited to A- frames flowerpots, flower carts, statues or other similar devices as deemed appropriate by the Community Development Director. b. Location: Resolution No. 6523 MCA-2008-02 July 22, 2008 Page 2 Portable outdoor display or sign may be located on both private and institutional zoned properties with the exception of public right-of-way areas or other areas as deemed inappropriate by the Community Development Director. c. Time Limit: The revocable portable outdoor display or sign permit shall be valid unless an expiration date is included in the approval, or subject to the revocation provisions of this chapter. d. Design Review Criteria: Portable freestanding signs must be appropriately designed, executed and maintained with the following emphasis: i. Design character. ii. Quality of color and material (vibrant and weather resistant). iii. Complementary to the building architecture and the operation of the business area. iv. Enhancement to the overall appearance and texture of the pedestrian shopping experience. e. Specific Standards: i. 8 square feet maximum. ii. 3'-0" minimum in height. � iii. 4'-0" maximum in height. iv. 2'-0" maximum in width. v. 2'-0" minimum setback from the street curb (for car doors and overhang). vi. May not be set into the ground. vii. May only be displayed during business hours. viii. May only identify the name of the business, the menu offered and/or special event. f. General Standards: i. Maintain a minimum 5'-0" wide pedestrian walkway. ii. 15'-0" away from any bus stop zones or bus stop furniture. Resolution No. 6523 MCA-2008-02 July 22,2008 Page 3 iii. 4'-0" away from any disabled parking zone. iv. Shall not be attached to trees lampposts, utility poles, street or traffic signs, benches, hydrants, and or mailboxes. v. No illumination. Other modifications may be approved, if appropriate and where there is a special circumstance as determined by the Director of Community Development. g. Findings and Conditions The Director of Community Development may approve an application only if all of the following findings are made: i. The proposed portable display or sign, at the proposed location will not be injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; ii. The proposed portable display or sign shall be consistent with the purpose of this chapter, the General Plan, any specific plan, zoning ordinances, applicable conditional use permits or other entitlements to use which regulate the subject property. iii. The proposed portable display or sign shall be compatible to the building or commercial shopping district in terms of materials, color and design theme. h. Revocation Process: Any portable display or sign permits issued under the provisions of this chapter may be revoked by the Director of Community Development for any of the following reasons: i. Any misrepresentation or false information contained in the application for the permit; ii. If the design and liability provisions specified in the permit are not met. iii. If the portable display or sign contradicts any of the public objectives and/or findings outlined in this chapter. Upon revocation of any portable display or sign permit, the Director of Community Development shall make written findings and reasons for the revocation and transmit them to the permittee, and a copy thereof to the City Clerk. Resolution No. 6523 MCA-2008-02 July 22, 2008 Page 4 i. Appeal Process i. The permittee shall have the right of appeal to the Design Review Committee. ii. An appeal shall be in writing on forms prescribed by the City and shall be filed during regular office hours with the City Clerk within fourteen days after the mailing of notice of revocation decision of the Director under this title. iii. An appeal not filed within such time shall be barred. The appeal shall state the grounds thereof. iv. An appeal shall be subject to an appeal fee as prescribed by resolution of the City Council (Ord. 1601, Exh. A(part), 1992). v. Upon receipt of the appeal, a date of public hearing before the Design Review Committee shall be set, which will be held within ninety days from the date of the filing of the appeal. 5. 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 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 year, 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 promotional purposes may not exceed a height of twenty-five feet above the building where the special event is occurring; 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. Resolution No. 6523 MCA-2008-02 July 22, 2008 Page 5 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 permitted in accordance with the following schedule: Number of Tenants Number of Signs Permitted 3 tenants to 6 tenants --1 tenant display or 1 center display 7 tenants to 13 --1 tenant display + tenants 1 center display 14 tenants to 20 --2 tenant displays + tenants 1 center display 21 tenants to 27 --3 tenant displays + tenants 2 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 allowed. 3. Special event signs for center-wide special events are allowed in accordance with the following schedule: Resolution No. 6523 MCA-2008-02 July 22, 2008 Page 6 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. 1987, (part), 2006; Ord. 1926, �1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) PASSED AND ADOPTED this 22nd day of July 2008, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Kaneda, Rose Brophy NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Vice Chair Giefer ATTES APPROVED: ., _-_ c_._ � �� � _� .,,r � � � � � Steve Piase i Mart ,�r, Chairperson Director of Community Development Planning Commission G:�Planning�PDReport�Res�2008�MCA-2008-02.doc