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PC Packet 07-10-2012 Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Draft minutes of June 12, 2012 Draft Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Municipal Code Amendment to the Sign Ordinance concerning political signs in the public right of way Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Draft Resolution. . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Survey Summary . . . . . . . . . . . . . . . . . . . . . . . . 23 3. Proposed Ordinance Amendment . . . . . . . . . . . . . . . 24 3. Director's Report Directors Report. . . . . . . . . . . . . . . . . . . . . . . . . . 33 News Article . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1 AGENDA C U P E RT I N O CITY OF CUPERTINO PLANNING COMMISSION MEETING 10350 Torre Avenue, Cupertino Community Hall Tuesday,July 10, 2012 ORDER OF BUSINESS SALUTE TO THE FLAG: 6:45 p.m. ROLL CALL APPROVAL OF MINUTES 1. Subiect: Draft minutes of June 12, 2012 Recommended Action: approve or modify draft minutes of June 12, 2012 Pa�e: 4 WRITTEN COMMUNICATIONS POSTPONEMENTS/1ZEMOVAL FROM CALENDAR ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR PUBLIC HEARING 2. Subiect: Municipal Code Amendment to the Sign Ordinance concerning political signs in the public right of way Recommended Action: recommend approval to the City Council of MCA-2012-01 Description: Application: MCA-2012-01 Applicant: City of Cupertino Location: citvwide Municipal Code Amendment to a portion of Chapter 19.104, Signs, of the City's Municipal Code regarding political signs placed in the right-of-way Tentative City Council date: August 7, 2012 Pa�e: 8 2 Tuesday,July 10, 2012 OLD BUSINESS NEW BUSINESS REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Commission Mayor's Monthly Meeting with Commissioners Economic Development Committee Meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT 3. Subject: Director's Report Recommended Action: accept report Pa�e: 33 ADJOURNMENT If yozz challer�ge the actior� of the Planr�ir�g Conanaiss�ior� ir� cozz��t,yozz naay be linaited to��ais�ir�g or�ly thos�e is�s�zzes�yozz o��s�onaeor�e els�e��ais�ed at the pzzblic hea��ir�g des�c��ibed ir� this�ager�da, o�� ir��itter� co��espor�der�ce delive��ed to the City of Czzpe��tir�o at, o��p��io�� tq the pzzblic hea��ir�g. Pleas�e r�ote that Planr�ir�g Conanais�s�ior�policy is�to allo�� ar�applicar�t ar�d g��ozzps�to speak fo�� 10 nair�zztes�ar�d ir�dividzzals� to speak fo�� 3 nair�zztes�. In compliance with the Americans with Disabilities Act (ADA),the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance,please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Materials related to an item on this agenda submitted to the Planning Department after distribution of the agenda packet are available for public inspection in the Planning Department located at 10300 Torre Avenue, during normal business hours. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777-3308 or plaiuling@cupertino.org. 3 CTTY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION DRAFT MINUTES 6:45 P.M. June 12, 2012 TUESDAY CUPERTINO COMMUNITY HALL The regula�Planning Commission meeting of June 12, 2012��as called to order at 6:45 p.m. in the Cupertino Communit�-Hall, 10350 Torre Avenue, Cupertino, CA. b�-Chair Mart�-Miller. SALUTE TO THE FLAG ROLL CALL Commissioners present: Chairperson: Mart�-Miller Vice Chairperson: Don Sun Commissioner: Winnie Lee Commissioner: Clinton Bro��nlev Commissioners absent: Commissioner: Paul Brophy- Staff present: Cit�-Planner: Ga��-Chao Senior Planner: Colin Jung APPROVAL OF MINUTES: 1. Minutes of the Muy 8, 2012 Plunning Commission meeting: MOTION: Motion by Com. Lee,second by Vice Chair Sun,and unanimously carried 4-1-0, Com. Brophy absent; to approve the May 8, 2012 Planning Commission minutes as presented. 2. Minutes of the Muy 22,2012 Plunning Commission meeting. MOTION: Motion by Com. Lee,second by Vice Chair Sun,and unanimously carried 4-1-0, Com. Brophy absent; to approve the May 22, 2012 Planning Commission minutes as presented. WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None CONSENT CALENDAR: None 4 Cupertino Planning Commission June 12,2012 PUBLIC HEARING 3. EXG2011-01,V-2011-03, Hillside Eiception to allo�� a 4,478 sq. ft. single family- (EA-2011-17) residence plus an 840 sq. ft. basement to be constructed Barre Barnes on slopes of 30%or greater; Variance to allo�� an (Holiday Drive,LLC) attached first stoi�-decic more than 18 inches above gracle 21740 Rainbow Drive to be set bacic 0 feet from the propert5-line��here 10 feet is required. Tree removal permit to allo�� the removal and replacement of a 20" diameter, t«o-trunlced, Coast Live Oalc and a 28" diameter, three trunlced Coast Live Oalc; Mitigated Negative Decla�ation. Postponed fNOm May 22, 2012 Planning C'ommission meeting. Planning Commission decision final zznless appealed. Colin Jung, Senior Planner,presented the staff report: • Revie��ed the application for Residential Hillside Eiception for a ne�� 4,478 sq. ft. single- famil�-residence plus an 840 sq. ft. basement to be constructed on slopes greater than 30% on a vacant lot; variance to allo�� an attached first stoi�-decic more than 18 inches above grade to be set bacic zero feet from the propert5-line,��here 10 feet is requued; and tree removal request for removal and replacement of Coast Live Oalc trees,as outlined in the attached staff report. • The Midpeninsula Regional Open Space District(MROSD) has three concerns, including fire protection because of a lacic of decic setbacic from the propert5-line; as the�-a�e concemed that the�- ��ould need to clear the vegetation on their propert5- in order to malce the proposed residence safe, and the�-do not feel that burden should be placed on them;��hich is opposite of their mission in that the�- are to preseive open space and not be clearing vegetation from the propert5-. Another concem relates to the potential visibilit�- of development from Preserve; and tree removal procedures, i.e., if the cit�- ��as requiring replacements and avoidance of spread of tree diseases (SODS). In response to the comment letter,he said he has responded to the MROSD to inform them ��hat measures the�- have incorporated bacic into the project as ��e11 as one the�-��i11 request the Planning Commission to adopt��ith the resolution. • Staff��i11 recommend denial of the decic setbacic variance; applicant is a��a�e of that and is agreeable given the MROSD's concem. Staff has also included a condition in the hillside eiception that requues the decic to be built of either fire resistant or fireproof materials, contingent on acceptance of approval by the Count�-Fire Depa�tment. • The residence is not visible from preserved trails; ho��ever, there a�e some replacement Oalcs that ��i11 be required because of tree removals and if there is any- perceived visibilit�- of the home, either from MROSD standpoint or��hat is seen once the propert5- begins development, the trees can be sited in a��a�-to screen the house from the MROSD lands. Building colors and lighting ��i11 follo�� the RHS regulations ��hich is compatible��ith the MROSD interests. Replacement Oalcs «i11 be requued follo«ing removal protocol to a�oid the spread of Oalc diseases. • Staff recommends that the Planning Commission approve the project b5-adopting a Mitigated Negative Declaration for the project; den�- the va�iance request in accordance ��ith the draft resolution; approve the hillside eiception in accordance��ith the draft resolution; and approve the tree removal permit in accordance ��ith the draft resolution, ��ith the added condition that the trees shall be removed during the di�- season and disposed of in a Santa Cla�a Count�- landfill, and the tree shall be removed follo��ing Califomia Oalc Mortalit�- Taslc Force protocols. Staff also aclds that the conditions of approval be added to the applicant's building permit so that the people ��ho are building the house a�e a��are of the conditions of approval and need to follo�� a separate protocol for the tree removal. 5 Cupertino Planning Commission June 12,2012 Staff ans��ered Commissioners' questions about the project. Barry Barnes,Applicant: • Said he��orlced diligently-��ith staff to propose a house that��ould be suitable for the a�ea. He said the decic«as proposed because it«ould be the home's on1�-�-a�d, but he«as not opposing the cit�-'s decision to den�-the decic. Chair Miller opened the public hea�ing; as there ��as no one present ��ho ��ished to spealc, the public hea�ing��as closed. Com. Lee: • Complimented staff and the applicant on the eicellent job on the project as it is a unique propert5-. Said she��ould recommend that the variance be denied, as she felt it��as unfau that the Fremont Older Open Space District ��ould be responsible for clea�ing the vegetation to prevent fires. Recommended aclding the condition that the trees be removed during the di�- season and follo�� the protocol as recommended. Vice Chair Sun: • Said he supported staff's recommendation; the applicant hacl stated that he ��ould not oppose the denial of EA-2011-03. Said he felt that if there had been better communication perhaps the problem could have been solved. Com. Brownley: • Said he supported staff's recommendations; and agreed ��ith Commissioners that the applicant and cit�- staff did eicellent��orlc creating a project that fits ��ithin the constraints of the land and coming up��ith a viable solution. Gary Chao: • Said the main reason staff��as not recommending support for the decic, ��as because of the comment received from MROSD in terms of their issues��ith the fue safetv consideration. He said the�-do not have an issue��ith the aesthetics or the phy-sical location of the decic; but staff ��ould respect that the MROSD ��as a neighbor ��ith their cha�-ter and objectives, and the�- ��ould supporttheu concems. Colin Jung: • Said from staff's point of vie��, there is a fire issue; but the�-felt that if the decic itself��ould have been built of fireproof or fue resistant materials, it��ould have been satisfactoi�-enough. After talking to the district itself, the�-��ere not comfortable ��ith that measure of mitigation; the�- still felt the�-«ould be encumbered b�- a development that«as too close to their lands; that the�-��ould have to clear the vegetation and it presented an encumbrance of a long term liabilit�-eiposure for them to do that type of maintenance. Chair Miller: • Said he supported the project. Gary Chao: • Suggested including an additional sentence in the condition regarding tree removal procedure: "that pNioN to the issz�ance of the bz�ilding peNmit, the tNee Nemoval plan be sz�bmitted to the C'ity aNboNist foN Neview and appNOVaI"��hich��ould trigger the confirmation that the protocol is follo��ed and procedure set forth in proper order. 6 Cupertino Planning Commission June 12,2012 MOTION: Motion by Com. Lee, second by Com. Brownley,and unanimously carried 4-0-0, Com. Brophy absent, to approve EXG2011-11, TR-2011-19, EA-2011-17 with the added condition to the tree removal permit, that prior to the issuunce of building permit, the finul tree removul plun be revie►ved by the city urborist; also add a condition that the tree shall be removed during the dry season and disposed of in a Santa Clara County landfill, and that it be removed in accordance with California Oak Mortality Task Force protocol; and also move to deny Variance 2011-03 per the draft resolution. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION ENVIRONMENTAL REVIEW COMMITTEE: • Chair Miller reported that the committee discussed some changes to the Capital Improvement Program. HOUSING COMMISSION: No meeting MAYOR'S MONTHLY MEETING: No meeting. ECONOMIC DEVELOPMENT COMMITTEE: No meeting. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: • Written report submitted;no additional report. Adiournment: The meeting ��as acljourned to the neit regula� Planning Commission meeting scheduled on June 26,2012 at 6:45 p.m. Respectfully-Submitted: /s/Elizabeth Ellis Elizabeth Ellis, Recording Secretai�- 7 OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPEPTINO,CA 9501�-3255 (�08)777-3308 • FAX(408)777-3333 • �lanningr!,cu�ertino.org CUPERTINO PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 Agenda Date: Tuly 10, 2012 Application: MCA-2012-01 Applicant: City of Cupertino Application Summary: Municipal Code Amendment to Chapter 19.104 (Sign Ordinance) regarding the placement of temporary political signs. RECOMMENDATION: Staff recommends that the Planning Commission recommend that the City Council adopt the proposed amendments in accordance with the draft resolution (Attachment 1). BACKGROUND: In response to questions and issues raised regarding political signs, staff has initiated a limited review of the City's Sign Ordinance to evaluate possible amendments and clarifications to the provisions pertaining to political signs and related enforcement processes. Currently, the ordinance allows political signs to be located within the public right-of-way in residential and institutional zones without any permitting process or requiring consent from the adjacent property owner(s). In addition, the Ordinance does not provide clear guidance on an efficient enforcement process. The following sections of this staff report summarize staff's findings and recommendations based a limited review of the sign ordinance as well as a survey of surrounding cities regarding this subject. DISCUSSION: Survey Results Staff conducted a survey of 15 surrounding cities regarding political sign regulations (see Attachment 2-Survey Summary). The following is a brief summary of the survey findings: • With the exception of one city, all of the cities surveyed prohibit political signs in the public right-of-way or on public property. The city that allows political signs in the public right-of-way permits them only in predefined locations with adjacent property owner(s) consent. 8 MCA-2012-01 Sign Ordinance Amendment July 10, 2012 • Most cities remove illegal political signs located in public right-of-way or on public property without any prior notification. • Most cities remove and dispose of illegal political signs that are considered de minimus in terms of value. • Some cities cite and require a fee for each sign violation. Some cities do not charge fees. • The reclamation process for illegal signs varies between cities. Proposed Amendments Based on the survey findings, staff is proposing the following amendments and clarifications to the Sign Ordinance: Political Signs in the Public Right-Of-Way Staff is recommending that Section 19.104.250 be revised to prohibit the display of political signs in the public right-of-way or on public property. No changes are proposed to the regulations for other types of temporary signs such as subdivision, real estate and garage sale signs because these types of signs are customary to real estate transactions that are consistent across all cities and/or usually these types of signs are picked up at the end of the day by the responsible party. Sign Removal £�Disposal Fees Currently, the Ordinance provides the City the authority to remove and store any illegal temporary sign and collect an existing sign removal fee ($5 per sign) when the responsible party reclaims the signs. Since the sign removal fee is not imposed upon removal of the sign, it inadvertently discourages people from reclaitning their sign in order to avoid the removal fees. The proposed Ordinance revision requires payment of the sign removal fee regardless of whether the sign is reclaimed by the responsible party or not. In addition, a one-time sign disposal fee ($59) is proposed in order to fully recover City costs for facilitating the process of disposing any unclaimed illegal signs. The sign disposal fee entails the necessary staff time and cost to prepare any written notices, the necessary travel time to the corporation yard, the physical action of sign disposal, and any related invoicing efforts by the City. For signs that are not reclaimed, the City will be billing the responsible party for the existing sign removal fee and the proposed one-time disposal fee. Staff is recommending to the City Council that the fee schedule be amended by to add the sign disposal fee. Sign Reclamation Process Currently, any illegal sign not of "de minimus" value removed by the City is required to be held in storage and notice given to the responsible party to reclaim the sign. Signs of "de minimus" value may be disposed of without any notice. De minimus sign means any sign made of cardboard or other nondurable material. Staff is proposing to amend the ordinance to clarify that the responsible party for a sign of "de minimus" value (including political signs) shall have three calendar days to reclaim the sign. After three calendar days, any unclaimed signs shall be considered abandoned and may be subject to disposal. No amendments are being proposed to the process for all other illegal signs 9 MCA-2012-01 Sign Ordinance Amendment July 10, 2012 removed by the City, where the responsible party would be allowed twenty calendar days to reclaim the sign. Other Miscellaneous Changes Other minor changes have been made to Chapter 19.104 for ease of reading and for clarification. Other minor amendments have been proposed to eliminate redundant language and to minitnize repetition. The reasons for each type of the proposed amendment have been identified in text boxes adjacent to the changes in Attachment 3 (Proposed Ordinance Amendment with redlines). Environmentc�l Considerc�tions The proposed ordinance amendments are considered exempt by the California Environmental Quality Act(CEQA Section 15601(b)(3)) since the amendments in this ordinance do not have the potential for causing any significant impacts to the environment. Prepared by: Gary Chao,City Planner Reviewed by: Approved by: /s/ Gary Chao /s/ Aarti Shrivastava Gary Chao Aarti Shrivastava City Planner Community Development Director ATTACHMENTS: Attachment 1: Draft Resolution Attachment 2: Survey Summary Attachment 3: Proposed Ordinance Amendment with redlines 10 MCA-2012-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE THE MUNICIPAL CODE AMENDMENTS REGARDING THE PLACEMENT OF TEMPORARY POLITICAL SIGNS AND RELATED MINOR CLARIFICATIONS AND LANGUAGE STREAMLINING. The Planning Commission recommends approval of the proposed amendments to certain sections of Chapter 19.104 (Signs), of the City of Cupertino Municipal Code as shown in Exhibit A attached herewith. PASSED AND ADOPTED this day of July 2012, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Aarti Shrivastava Marty Miller, Chair Community Development Director Planning Commission 11 Exhibit A Draft Ordinance No. 12-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 19.104 (SIGNS) OF THE CUPERTINO MUNICIPAL CODE REGARDING THE PLACEMENT OF TEMPORARY POLITICAL SIGNS AND RELATED MINOR CLARIFICATIONS AND LANGUAGE STREAMLINING. THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: Section 1. Stc�tement of Purpose. This ordinance amendment clarifies language regarding placement of political signs and related minor clarifications and language streamlining. Section 2. Code Amendment. Certain Sections of Chapter 19.104, entitled "Signs;' of the Cupertino Municipal Code, are amended,to read as shown in Attachment I. Section 3. Severc�bilitU. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void,that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause,phrases or portions be declared valid or unconstitutional. Section 4. Effective Dc�te. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. Section 5. Certificc�tion. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. Section 6. CE A. Because the amendments in this ordinance do not have the potential for causing any significant environmental impacts, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3). Section 7. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as amendments of the earlier provisions. 12 INTRODUCED at a regular meeting of the Cupertino City Council the day of 2012 and ENACTED at a regular meeting of the Cupertino City Council on this of 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPPOVED: City Clerk Mayor,City of Cupertino 13 Table of Contents (PartialJ 19.104.100 Signs exempt from permit requirements. �19.104.110 through 19.104.230 not amendedl 19.104.240 Temporary sib s-Location. 19.104.250 Temporary signs-Flags, garage sales,political signs and subdivision signs. 19.104.260 Temporary signs-Real estate signs and project announcement signs. 19.104.270 Temporary signs-Special event banners,promotional devices, and portable signs and displays. �19.104.280 through 19.104.320 not amendedl 19.104.320 Abandoned or discontinued sib s. 19.104.330 Illegal signs on Private Property. 19.104.340 Illegal signs in public right-of-way. 19.104.350 Summary removal authorized. 19.104.360 Storage and Reclamation of Removed Signs, Responsibility for removal, alteration, relocation, demolition or disposal costs/fees. 19.104.370 Illegal signs-Deemed public nuisance-Court action authorized. 19.104.380 Violation deemed infraction-Penalty. 19.104.100 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 19.104.250 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 thirty-three percent of the sign area of each sign can be devoted toward business identification of the business located on the property; F. Political Signs. Political signs subject to the limitations in Section 19.104.250; 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 14 limitations in Section 19.104.260; I. Non-residential Real Estate Signs. Non-residential real estate for sale/for lease/for rent signs subject to the limitations in Section 19.104.260; 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 illuminated,and do not exceed nine square feet in area; L. Window Sib s. Window sib s subject to the limitations in Sections 19.104.150 and 19.104.290. 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; 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 six and one-half square feet in area and installed at a height between eight feet and twelve feet above pedestrian walkways. [Section 19.104.110 through Section 19.104.230 not amended] 19.104.240 Temporary Signs-Location. A. Unless otherwise provided for in this chapter,it is unlawful for any person to,place,paint, mark, or write on,post, attach or otherwise affix,any temporary sign to or upon any public property, including but not limited to: • 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 permanently affixed on public property. B. It is unlawful for any person to place,post or otherwise affix, any temporary sign,in the public right-of-way,except as provided in this chapter. The public right-of-way generally includes 15 the median,street, gutter,curb, sidewalk and landscaped strip on public property. Temporary signs may only be located in the public right-of-way of a residential or institutional district, as defined in this title. C. Unless otherwise provided for in this chapter, all temporary signs shall comply with the following: Size Use/ Ma�cimum Ma�cimum Time Period Location Review Criteria Zoning �.ea Height • Shall not be located on the street or on street meciians. • Two sides • Shall not be located on�rivate maximum �ro�erty without oral or written • Shall not be consent oF the owner or�erson entifled illuminated. All signs may only to�ossession oF said�ro�erty. • Shall not restrict, be dis�layed • Shall maintain 36 inches oF clear and in any way, the -�s.F.�er between sunrise continuous width along a sidewalk or saFe vision oF � side 3�t' and sunset,unless �athway�lus any other area needed any vehicular or otherwise s�eciEied For handica��ed accessibility. �edestrian in this cha�ter. • All�arts oF the sign shall be set back traFfic or minimum 18 inches from the Face oF obstruct any the curb or from the edge oF the street, directional or bicycle or vehicle travel lane, saFety signs whichever is the greatest ciistance from �ermitted by the the edge oF the street,bicycle or vehicle City. travel lane. D. Persons who,in conformance with the provisions of this chapter,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 19.104.240(B), (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 banners 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. 19.104.250 Temporary Signs-Flags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104250 sets forth the rules,regulations and processing applicable to Temporary Signs- Flags,Garage Sales,Political Signs and Subdivision Signs. 16 Table 19.104.250: Tem ora Si ns-Fla s,Gara e Sales,Political Si ns and Subdivision Si ns Size Use Zonin Number Time Period Information Review Criteria � g Maximum Maximum Contained Area Hei ht •Two weeks for each •In conjunction with a grand opening or special No more s�F�i 11 event �i omotional activit Numlier suliject 1 '�� 1 ' �• than 20 ft. Commercial to approval liy N�A a�i�Ve Shall lie removed N�A Comply with requirements for Special Event CDD gi,�un�� within 5 days after Banneis,Promotional Devices,Portalile Signs and A. Flags s�ecial event Dis�lavs Two flag poles �s.f. for each model Same as Pesidential home of a new No more a�i�Ve One year N�A N�A develo�ment than 2 sides •Mustlie alionafide garage sale activit�as defined in B.Garage One on-site Cha�ter 5.16 of the Munici�11 Code Sales Pesidential 8 s.f. 6 ft Length of sale N�A 1 1� Three off-site Off-site si ma=e suli�ect to Section 19.10�.2�0 •Not allowed in the pulilic right-of-way rn�on pulilic �s.f. •Until 5 davs after property. C PoliHcal All No limit election. •No �ermit rec uired. Signs No more N�A N�A � � than 2 sides Buliject to requirements of Section 19.10�.2�0 Bhall comply with requirements of Section 19.10�.2�0 Direct and permit issued liy CDD. One year or until all �ustomeis �• units are sold, •Application shall include a list of all other such signs Non- 32 s.f.per along the most Subdivision Three 6 ft. whichever occuis fiist including sign u�ea and sh�eet location. Signs i'esidential face direct route •Extensions may lie throu�h the 'Limited to Sulidivisions located in Cupertino. granted. city •Two si�n faces maximum. "V" sha�ed si ms �rohiliited. CDD=Communitv Develo�ment Directoi;S.f. =sc uare feet;ft =feet 19.104.260 Temporary Signs-Real Estate Signs and Project Announcement Signs. Table 19.104260 sets forth the rules,regulations and processing applicable to Temporary Signs- Residential Real Estate, Non- residential Real Estate Signs and Project Announcement Signs. 17 Table 19.104.260: Temporary Signs-Residential Real Estate,Non-residential Real Estate and Pro'ect Announcement Si ns Size Number Maximum Maximum Time Period Information Contained Review Criteria Area Hei ht One li�eestandin�si�n per sh�eet li�ontage. �s.f. 6 ft Length of sale N�A Buliject to requirements of Section 19.10�.2�0 •Two si ms maximum. One liuildin� mounted lianner-in A.ResidenHal lieu of one �s.f. N�A See aliove N�A N�A eal Estate h�eestandin=si m. One offsite for Between sunrise Buliject to requirements of Section 19.10�.2�0 sale�rent si m �s.f. N�A and sunset N�`�' c�on-site si ma=e Bix offsite open house Between sunrise � si ms N�A N�A and sunset N�A Suliject to requirements oY Section 1�.10�.2�0 •Len�th of sale or time to lease�rent. One li�eestandin=tii=n 32 s.f. �er �Name oY real estate agent or •No more than two Yaces.°V"signs �` � � 6 ft 'May lie installed up ��,ner,address,phone numlier prohiliited. May not reasonalily dish�uct per sh�eet li�ontage face to thirty days prior and other pertinent information visiliility of any permanent ground sign. to anv tenant vacancv B.Non- One liuildin� •Allowed only if no h�eestanding sign placed mounted lianner er Same as alon that sh�eet h�onta e residential real �' 32 s.f.per Same as g g � elevation facin= ln h�eestandin� Same as h�eestanding sign estate � �� face h�eestanding sign •Location shall comply with requirements of adjacent pulilic sh�eet. sign Section 19.10�.1�0. One offsite sign per On private property with approval and sh�eet h�ontage Same as consent of �i o�Fi tv owner on whose �i o�Fi tv 32 s.f.per Same as � � � '�� '�� •Maximum of two h�eestanding Same as h�eestanding sign si n is to lie located. Yace h�eestanding sign g signs per off-site sign �arcel. Suliject to requirements of Section 19.10�.2�0 One year or until Names of prchect and owner, all units are sold, address,telephone numlier 'New projects under consh�uction,including C Project •Two h�eestanding Comliined whichever occuis contact infrn�mation,leasing/sale sulidivisions of 5 or more units. Announcement signs or lianneis 6 ft hi�st Sign maximum area:6�s.f. information,dates of anticipated •Permit issued liy CDD. •Extensions may lie ��mpletion and a list of Suliject to requirements of Section 19.10�.2�0 =ranted conh�actois involved. CDD=Communitv Develo�ment Directoi;S.f. =sc uare feet;ft =feet 18 19.104.270 Temporary Signs-Special Event Banners, Promotional Devices, and Portable Signs and Displays. A. General Authorization. Special event banners,promotional devices, and portable signs and displays which conform to the provisions of this chapter, are permitted in all commercial,industrial, office and institutional zoning districts, subject to the issuance of a permit by the Director . 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 commercial,industrial, office and institutional zoning districts under the following provisions: 1. The banner shall only be displayed for a maximum of one hundred twenty days within a three hundred sixty-day period. 2. The banner shall be building mounted and have only one face not exceeding one hundred square feet in area. 3. The banner shall be placed on a building in accordance with the limitations specified in Section 19.104.140 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 19.104270(E) D. Promotional devices. In addition to special event banners described in subsection C. above,the Director may issue a permit for a promotional device for each business within the commercial, industrial, office and institutional 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 adjoining 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. 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 19.104270(E). 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 impact 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 19 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 19.104.240. E. Tenant schedule: Shopping centers with approved electronic reader board 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 Si ms Permitted 20 to 27 tenants --2 center dis la s �8 tenants or more ---�center ciis�la s F. Portable signs and displays. In addition to special event banners and promotional devices described in subsections 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 following 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. 4. Specific standards. aximum size 8 s.f inimum hei�ht 3 ft aximum hei=ht �ft aximum width 2 ft in.setliack h�om sh�eet curli 2 ft is�lav Houis Business houis onlv in. �edesh�ian walkwav 5 ft istance h�om: Bus sto�zones and�or lius sto�furniture 15 ft Disalile �u�kin=zone �ft ust not lie: 1.Set in =round 2. Attached to h�ees,lamp posts,utility poles,sh�eet or haffic signs, lienches,hvdrants,or maillioxes 3.Illuminated �.Located in anv rec uired landsca�e setliack u�ea S.f. =sc uare feet;ft=feet 5. Modification of specific standards. The Director may modify the specific standards described in subsection F.4. above upon making a finding that special circumstances unique to the site require the application of a modified standard. 20 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. 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. I. The City,pursuant to Section 19.104.340 of this code,may cause the banners, devices, signs and displays remaining after expiration or revocation of the five day period to be removed. [Section 19.104.280 through Section 19.104.320-unchanged] 19.104.330 Illegal Signs on Private Property. A. If the Director or his or 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 or 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 calendar 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 or her designee finds that any temporary sign is in violation of this title or any other pertinent ordinance of the City,the Director or his or her designee shall notify the owner of, or tenant using,the sign,in person or writing,that the sign shall be immediately removed. 19.104.340 Illegal Signs in Public Right-of-Way and on Public Property. A. Any illegal signs in the public right-of-way or on public property 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 or on public property. C. Any sign removed by the City, shall be held in storage in accord with Section 19.104.360. 19.104.350 Summary Removal Authorized When. A. If the Director or his or her designee finds that any sign or other advertising structure,whether conforming with the provisions of this title or any other pertinent ordinance of the City or not,is an immediate peril or menace to the public,to any person, or to pedestrian or vehicular traffic,the Director or his or her designee shall cause it to be summarily removed. Upon removal,the Director or his or her designee shall hold the sign in storage in accord with Section 19.104.360 and give written notice to the owner. 19.104.360 Responsible Party for Costs and Fees for Illegal Signs- Storage and Reclamation of Removed Signs. A. Any cost incurred by the City in the removal, alteration,relocation, demolition or disposal of any 21 sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid by the responsible party. For purposes of this section, "responsible party" means the owner,business entity or person having beneficial enjoyment of the sign and,in the case of a political sign,the political candidate and/or officially recognized/designated entity responsible for any public or private political campaign. B. Any sign removed by the Director or his or her designee shall be stored in the City corporation yard. C. The responsible party for any removed sign,if known, shall be given written notice to reclaim the sign and charged a sign removal fee. 1. For signs of de minimus value,three calendar days shall be given to reclaim the sign. For purposes of this section,any sign,made of cardboard or other nondurable material shall be deemed to be of de minimus value. 2. For all other signs,twenty calendar days shall be given to reclaim the sign. D. Any sign that remains unclaimed shall be deemed to be abandoned. The City may dispose of the sign and charge a disposal fee per the adopted fee schedule. 19.104.370 Illegal Signs-Deemed Public Nuisance-Court Action Authorized. In the event any person erects,alters,relocates or maintains 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 jurisdiction to enjoin such person from continuing such violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. 19.104.380 Violation Deemed Infraction-Penalty. Any person,firm,entity, 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 1.10 and/or Chapter 1.12 of this Municipal Code. 22 - � � , .�,t a nti�i.sePoack of 1 S Shotild mavitavi 36 viches oP in�h_s hom th�T�c?oT the �l�r continuou a�idth Tonu the uub.��12 oT th.sh.eL i�l.�m�lltp�th��nd��iv oth�i (it�to toi notice En�otu�ged to notiTg the 2n�?n to bi�}�cl oi i lu�le h�i?1 �r.�r?qtui �l Tor h�ncli�pped R�-ideaitial an�l a s.fper ��itlwi �daps �d�aceait piop ih� �an�h�lat_s/ow�ier20 1 Cnperfino I es In�hhition�l lane wlu�h_cer is g�.,atest N:� T�ce 3� �8?i_1_�hon. o�mn_r(s)�ndi_sid?nt(s) ac�.zzibilih�, I"es,withoutnotice ��len�k�i&�}s to cl�im N/d fi�om the dq�of the-h�eet, before placv�g the sig�i zipi,$�p r sig�i bicT�cl or�eluclehacel Placemeaitof�ig�ishotildnot impotmdTee lane lwider pedeshian or celucel haTfic 2 Campbell No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N��.� Yes,without notice N/A N/A 4 Frema�t No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N��.� Yes,without notice N/� N/A De minimus signs are picked up and 5 Gilruy� No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N;_� disposed of. Notice N/n the responsible party to redaim.Storage Yes,without notice time varies. Sign many be removed by 550 fine for lst 6 Lus altus No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N;_� building official and citation,$100 fine for N/n disposed of. subsequent citations Letter sent to permittee to City may remove if Expense of removal remove or request hearing permitee does not charged to permittee, within 72 hours. respond within 72 induding all costs Los Altos Hills No N;� N;� N;� N;� N;� N;� N;� N;�� hours. incurred such as legal, etc Specific fee not stated. Permitted storage time varies and 7 LusC:itus No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N;_� N/A flexible. May dispose after end of political Yes,without notice season.No fees 8 blilpitas No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N��.� Talked to Gloria(Code enforcement at(408)586-3075)She will reply by Frida� City to store,1 week 9 bla�teSerenu No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N;_� noticegivento N/A candidates to pickup, Yes,without notice no impound fee Typically notify the responsible party to bia�gan Hill No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N;_� remove sign. If signs N/A not removed,then city staff pick up and Yes,without notice dispose. No fees. Oiilp m-p��ihc public 7�dapa piior C.rni;ent h�om the 1/gioug/ 16s.f .,lectimiuptol0 �d�ace,iitproperfy 10 Monntain C'iew I eS N;� locatirnr�z�pecifieS vi �Ti-cel (mati) N�� daT�s aTter the� ow�iei�(s)beTore placv�g Link t�rPS�luti�n#17316 2008� resohitio�i=17316(2005) elecho�t tlte 5ig�t Awaiting response... City staff remove the signs within public right-of-way and notify the responsible party or campaign manager on file to retrieve the sign within 60 days. City attomey office 11 Palo Alto No N;� N;� N;� N;� N;� N;� N;� N;�� Yes,without notice also issues a letter N�A explainingthe violation. If not retrieved within 60 days,sign will be disposed. If multiple offe nses,th en th e administrative citiation process and penalties may be initated. Only de minimus signs are removed and disposed by the City. Othersigns,city notify responsible party and is required to be picked up witin 24 hrs. If not,$250 citiation Expense of removal (5500,$1,000 charged to permittee, thereafter). Ifsigns indudingallcosts 13 SanJuse No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N;_� Yes. Withoutnotice are picked up,it will be incurred such as legal, held in storage. etc Specific fee not Notice given to stated. responsible person. 10 days to redaim the signs. Cost to the City will be paid by the responsible party. Yes. If located in ROW Process varies. In the N/A where the City is event if signs are responsible to maintain, pulled due to more then the sign will be urgent situations and removed immediately. stored,then a When located in ROWs that courtesy notice will be are maintained by private given to the owner. propertyowners-acode Nochargefor 14 Santa Clara No N;� N;� N;� N;� N;� N;� N;� N;�� letter is sent. impound or storage. Time to pick up typically varies. Usually within a week but could be as soon as within 24 hrs. 15 Saratuga No N��.� N��.� N��.� N��.� N��.� N��.� N��.� N��.� N/A N/A N/A City staff remove the signs within public right-of-way and notify the responsible party or campaign manager on file to retrieve the sign. No firm minimum time to 16 SnnnV�'ale No N;� N;� N;� N;� N;� N;� N;� N;�� retrieve sign-but N/� usually within the week. Sign not retrieved will be disposed. If multiple offe nses,th en th e administrative citiation process and penalties may be Yes,without notice initated. 23 Attachment 3 Table of Contents (PartialJ 19.104.100 Signs exempt from permit requirements. �19.104.110 through 19.104.230 not amendedl 19.104.240 Temporary sib s-Location. 19.104.250 Temporary signs-Flags, garage sales,political signs and subdivision signs. 19.104.260 Temporary signs-Real estate signs and project announcement signs. 19.104.270 Temporary signs-Special event banners,promotional devices, and portable signs and displays. �19.104.280 through 19.104.320 not amendedl 19.104.320 Abandoned or discontinued sib s. 19.104.330 Illegal sib s i��„��r�,l��_ �,a n;,,,,,,,rt,r _ ,, „�,,�r;,�,a t�r,,�„ on Private Pro�ert`�. � 0 19.104.340 ^��',�V;�;, �� N _ __ _ �Illegal sib s in public right-of-way. � - e� � 19.104.350 c+^N^b^ ^�N^�^��^�' ^;�,^Sununarp renloval authorized. �« .� 19.104.360 Stora�e and Reclamation of Removed Si t�1s,9��Responsibilit��e for removal, ,� alteration�e�relocation, denlolition or disposal costs fees. � 19.104.370 Illegal signs-Deemed public nuisance-Court action authorized. 19.104.380 Violation deemed infraction-Penalty. 19.104.100 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 19.104.250 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 thirty-three percent of the sign area of each sign can be devoted toward business identification of the business located on the property; � a� � � � F �'^,,,,�^r,rT�Political Sians. �'^,,,,,^r,rT°„Political sians sub7�ect to the limitations in Section '� � - r ---; b - r ---; r— b J � � � � 19.104250; � � � � � a 24 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 19.104.260; I. Non-residential Real Estate Signs. Non-residential real estate for sale/for lease/for rent signs subject to the limitations in Section 19.104.260; 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 illuminated,and do not exceed nine square feet in area; L. Window Sib s. Window sib s subject to the limitations in Sections 19.104.150 and 19.104.290. 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; 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 six and one-half square feet in area and installed at a height between eight feet and twelve feet above pedestrian walkways. [Section 19.104.110 through Section 19.104.230 not amended] 19.104.240 Temporary Signs-Location. A. Unless otherwise�rovided for u1 this ch��ter, it is unl�wful?`r^ r^r�^„ �',," for �n�,��erson ❑ to, ��l�ce, paint,mark, or write on,post, attach or otherwise affix, any temporary sign to or upon any ° � �ulilic ��ro��ertv, lllcludul�Liut not limited to: � c� � • ,,,,,,,;., „��„��T, sidewalk,crosswalk,curb,curbstone,fence,wall, '�. r ---- r--r ---. � � • 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 permanently affixed on public property. 25 B �`r^ �^,,,,,^r,rT� �;�„ �',,"',^It is unl�wful for �n��erson to placec�,poste�or otherwise affixec� � ---r ---� --�- ----- - - � o �n��tenl��or�r�� sim1, in the public right-of-way,except as provided in this �^^��ch��ter. The � public right-of-way generally includes the median, street, gutter,curb, sidewalk and landscaped strip � on public property. Temporary signs may only be located in the public right-of-way of a residential or '�, institutional district, as defined in this�title. � C. Unless otherwise provided for in this chapter, all temporary signs,T°r,,^�,,^r ^ „^�,^^,�^�' ;,, �',^,,,,',';,, r �',� ^�T __ °shall�xee�conl��h�with the following: - r ---- -�-- , _ Use/ Size Zoning Ma�cimum Ma�cimum Time Period Location Review Criteria Area Height • Shall not be located on the street or on street meciians. • Two sides • Shall not be located on�rivate maximum o �ro�erty without oral or written • Shall not be � �.,.,,,,,�n„i;�;.,,i � — �-r-- ------ consent oF the owner or�erson entifled illuminated. � ',__�All signs to�ossession oF said�ro�erty. • Shall not restrict, � ,�.,,.,��.,,,,,,ri.,,t,,,.a ,� �, • Shall maintain 36 inches oF clear and in any way, the e� may only be '—' -�s.F.�er continuous width along a sidewalk or saFe vision oF � � side 3 Ft. dist�laved between �,athway�lus any other area needed any vehicular or sunrise�uid sunset� For handica��ed accessibility. �edestrian unless otherwise � ��,arts oF the sign shall be set back traFfic or s��eciEied ui this minimum 18 inches from the Face oF obstruct any cha�ter. the curb or from the edge oF the street, directional or bicycle or vehicle travel lane, saFety signs whichever is the greatest ciistance from �ermitted by the the edge oF the street,bicycle or vehicle City. travel lane. � D. Persons who, u1 confornl�nce with the��rovisions of this ch��ter, place temporary signs in public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) .o and resident(s)before placing temporary signs. � � E. The provisions of Section 19.104.240(B), (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 banners 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. 19.104.250 Temporary Signs-Flags, Garage Sales, Political Signs and Subdivision Signs. Table 19.104250 sets forth the rules,regulations and processing applicable to Temporary Signs- Flags,Garage Sales,Political Signs and Subdivision Signs. 26 Table 19.104.250: Tem ora Si ns-Fla s,Gara e Sales,Political Si ns and Subdivision Si ns Size Use Zonin Number Time Period Information Review Criteria � g Maximum Maximum Contained Area Hei ht •Two weeks for each •In conjunction with a grand opening or special No more s�F�i 11 event �i omotional activit Numlier suliject 1 '�� 1 ' �• � than 20 ft. Commercial to approval liy N�A Bhall lie removed N�A �sCom�lv�a�ith rec uirements-��'��.�-,�.' �,for CDD aliove � - 1 �m— ground ti'ithin 5 days after Special Event Banneis,Promotional Devices,Portalile A. Flags s�ecial event Si ms and Dis�lavs Two flag poles �s.f. for each model Same as Pesidential home of a new No more a�i�Ve One year N�A N�A develo�ment than 2 sides •Mustlie alionafide garage sale activit�as defined in B.Garage One on-site Cha�ter 5.16 of the Munici�11 Code Sales Pesidential 8 s.f. 6 ft Length of sale N�A 1 1� Three off-site y Off-site si ma=e suli�ect to Section 19.10�.2�0 !� Not allo�-ved in the �uhli�,ri�rht-of-�-va�T��or on � •Until 5 days after � � � election. t�ublic��ro�,ert�r. RC UriCI riC�' rc__._�....___.__...a_.__a____ �•Nopermitrequired. � C, �s.f. �.,,,�u.,,.� �.�,.,,.,r_ Suliject to requirements of Section 19.10�.2�0 � � PoliHc All No limit No more N�A „�_-.,.,��.. N�A ��a_..r,....., _.r n..�,�:,1�...�,., r:..�..��... _ ,�,� Signs than 2 sides c,,.,�:,..,,o,n��2nri ` ` � � C� 'I Q 9�m1 2Qll � _ � � ti, 7 �b..;�,.. , „l,;�1„b..�ti1:� 1,,,,. �1,,, - :ti � � Redundancy ��,�� ` � ` � � J � Bhall��com�lv with requirements of Section One vear or until all Direct 19.10�.2�0 and permit issued liy CDD. units are sold, customers •Application shall include a list of all other such signs � �' Non- 32 s.f. �er alon=the most includin=5i m u�ea and sh�eet location. Subdiv sion Three � 6 ft WhichFVFi�s � � � � Si ns i'esidential face ��o��urs first direct route •Linuted to Sulidivi5ion5�lorited in Cupertino�� C� g through the . � - . , .� � •Extensions may be � � �• � �itV •� granted. •Two sign faces maximum. � � "V" sha�ed si ms �rohiliited. � CDD=Communitv Develo�ment Directoi;S.f. =sc uare feet;ft =feet 19.104.260 Temporary Signs-Real Estate Signs and Project Announcement Signs. Table 19.104260 sets forth the rules,regulations and processing applicable to Temporary Signs- Residential Real Estate, Non- residential Real Estate Signs and Project Announcement Signs. 27 Table 19.104.260: Temporary Signs-Residential Real Estate,Non-residential Real Estate and Pro'ect Announcement Si ns Size Number Maximum Maximum Time Period Information Contained Review Criteria Area Hei ht � One li�eestanding sign per sh�eet li�ontage. �s.f. 6 ft Length of sale N�A Buliject to requirements of Section 19.10�.2�0 •Two si ms maximum. � One liuilding mounted lianner-in N�A lieu of one �s.f. N�A See aliove N�A A.ResidenHal h�eestandin=si m. O eal Esta e ^" n.,.,.,��.,,,.,� �' One offsite for Buliject to requirements of Section 19.10�.2�0 v sale�rent sign �s.f. N�A ��Benveen N�A ��n-site signage � sunrise and sunset '� � � Bix offsite open house � signs N�A N�A ��Benveen N�A Buliject to requirements of Section 1).10�.2�0 � sunrise and sunset •Len�th of sale or •No more than two faces.°V"si�ns time to lease�rent prohiliited. May not reasonalily dish�uct One li�eestandin=tii=n 32 s.f. �er •Name oY real estate agent or visiliility of any permanent�,n�ound sign. �� 1 •May lie installed up �Fi tih�eet li�onta=F face 6 ft. owner,address,phone numlier 1 "� �' to thirty days prior and other pertinent information to anv tenant vacancv ❑ O One liuilding •Allowed only if no h�eestanding sign placed '� B.Non- Same as mounted lianner per g2 ti.f. �er Same as along that sh�eet h�ontaga v resident�al real elevation facin= ln � h�eestandin� Same as h�eestanding sign � estate � �` face h�eestanding sign •Location shall��com��lv�-vith .,_, adjacent pulilic sh�eet. sign rec uirements of Section 19.10�.1�0. � � One offsite sign per On private property with approval and � sh�eet h�ontage Same as consent of property owner on whose property 32 s.Y.per Same as si n is to lie located. I •Maximum of two h�eestandin� Same as h�eestanding sign g face h�eestanding sign signs per off-site sign ��,,��RSubject to requirements of Section parcel. 19.10�.2�0 �j One ear or until � � Names of prchect and owner, � all units are sold, address,telephone numlier •New projects under consh�uction,including .� C Proje t •Two h�eestanding sulidivisions of 5 or more units. � Comliined whichever�s contact information,leasing�sale Announ ement 5igns or banneis 6 ft. area:6�s.f. �}o�ctu's first information,date5 of anti��ipated •Permitissuedli�CDD. � Sign maximum com�letion and a li5t of c -, •Extentiions may lie 1 �Subject to re�uirements of Secti<�n 1).1U�._�U =ranted conh�actois involved. � CDD=Communitv Development Directoi;S.f. =square feet;ft =feet 2$ I19.104.270 Temporary Signs-Special Event Banners, Promotional Devices, and Portable Signs and Displays. A. General Authorization. Special event banners,promotional devices, and portable signs and displays which confornl to the��rovisions of this ch��ter, are permitted in all commercial,industrial, ,�' office and institutional zoning districts�subject to the issuance of a permit by the Director�� „�,,,,,,,� +„ +7,,,,-. „�+7,;� �,,,,+;,,,, � --------- -- --- r�- -------- -- --- --------� � � 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 � Ibusiness within the �',^��^ ,a^^„r;',^,a conunercial, uldustrial, office and institutional zoning districts � under the following provisions: � 1. The banner shall only be displayed for a maximum of one hundred twenty days within a a � three hundred sixty-day period. 2. The banner shall be building mounted and have only one face not exceeding one hundred square feet in area. 3. The banner shall be placed on a building in accordance with the limitations specified in Section 19.104.140 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 19.104270(E) D. Promotional devices. In addition to special event banners described in ��°��subsection C. � � above,the Director may issue a permit for a promotional device for each business within the�e- � � �R conunercial, uldustrial, office and ulstitutional zoning districts under the following � � � � provisions: o �, � 1. For advertising a special event for an existing business,promotional devices may be U a 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 adjoining 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. 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 19.104270(E). 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 impact the device will have on traffic circulation as well as upon the environment of the surrounding uses. 29 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 19.104.240. 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 Si ms Permitted 20 to 27 tenants --2 center dis�la s �8 tenants or more ---�center ciis�la s F. Portable signs and displays. In addition to special event banners and promotional devices � � described in �_Tsubsections 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 following � .� provisions: � C � 1. Portable signs and displays may not be located in areas,either on public or private property, U 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. 4. Specific standards. aximum size 8 s.f inimum hei=ht 3 ft aximum hei=ht �ft aximum width 2 ft in.setliack h�om sh�eet curli 2 ft is�lav Houis Business houis onlv in. �edesh�ian walkwav 5 ft istance h�om: Bus stop zones and�or lius stop furniture 15 ft Disalile �u�kin=zone �ft ust not lie: 1.Set in =round 2. Attached to h�ees,lamp posts,utility poles,sh�eet or haffic signs, lienches,hvdrants,or maillioxes 3.Illuminated �.Located in anv rec uired landsca�e setliack u�ea S.f. =square feet;ft=feet � C� 5. Modification of specific standards. The Director may modify the specific standards described � � in ��°��subsection F.4. above upon making a finding that special circumstances unique to the site � .� require the application of a modified standard. � I � U 30 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. 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. � .� I. The City,pursuant to Section 19.104.340 of this code,may cause the banners, devices, signs � and displays remaining after expiration or revocation of the ��'�^��^ �'^�^��'�^�' five day period to be � removed. a [Section 19.104.280 through Section 19.104.320-unchanged] 19.104.330 Illegal Signs on Private Property t^�. A. If the Director or his or 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 or her designee shall inform the owner o 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 c�lend�r 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 or her designee finds that any temporary sign ^r ,�'��^r�;�;,,� �'^��;^^ is in violation of this title or any other pertinent ordinance of the City,the Director or his or her designee shall notify the owner of, or tenant using,the sign,in person or writing,that the sign shall be immediately removed. � U U C/1 1�() ' b b b � �� M b / . . / � � � ,� � O , � b � L," � p� � � � � b b ' U � 19.104.340 _^_��'��-•�� "�~~�-,� Illegal Signs in Public Right-of-Way and on Public PropertX. ---� - ----- - - � A. Any illegal signs in the public right-of-way or on�ublic �ro�ert�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 or on public propert�. � C. Any sign removed by the City; ^_^r+ ,r;� �;�_ ^�a^� ___ "'��^, shall be held in storage u1 accord with Section 19.104.360. ��' +�,,, „ „+�,,,,,,, ,,+,,,,7 „�., ,,,7, ., ,,,, ;�7,,,,,t.,,, - - - - - - -- -- -- - r"--- - --- ---- -- -- -- =� , - -- - - , -a �7-._,ii i,,, ,,; ,,;��,,,-, r„+;,,,, „r,a +�.,,,r+�. a„�.., +„,,,,,,i,,;,,, ., ,,,�, ., ,,,-, o �°o .,,,,, t., - a -- ------ - ----- -- - - ---� - -�` -- ------- `- -- `-a • M � � . b' b b � O �--I b � �-�-I �7�.�77 1.,, ,.; ,-. 1.�,�1-.,,�';��, '_' — --- - - a� -- -� - - --� ' � U � � "� V1 . � � � � . . . . . � O 1.,, ,ar.r„-.�r„a +,.l.r, ,.F,ar,,-. „�7,,,, ,�[ � 31 '� O 19.104.350 c+,,,.,a„ „�n,,,,,,,t,,,a c;a„�Summary Removal Authorized When. o M 0 A. If the Director or his or her designee finds that an�gn or other advertisulg structure, whether � � conforming with the ^��provisions of this title or any other pertinent ordinance of the Cit��or �'-' not, is an immediate peril or menace to the public,e�to an�person, or to pedestrian or vehicular � � traffic,the Director or his or her designee shall cause it to be summarily removed. Upon removal, � � the Director or his or her designee shall hold the sign in storage in accord with Section 19.104.360 � �° and give written notice to the owner. ,.� � � b b � � M . . � _ � O b � � � �-�-I .� b b ' b � � � � � . � U �€te�r��ke-E�t�s��s�ese ^F+�� ^a v� � o a� 19.104.360 �Responsible Partv for n^�^=��', ^'�^-��^^ ^-�n^'^^��^^ Costs and Fees for � �' Illegal Signs--a�Storage and Reclamation of Removed Signs. A. Any cost incurred by the City in the removal, alteration��relocation, demolition or disposal of .o any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be � y� � �-.�,+t,,,r,,;,a . . �r �7 , � Yal „ r ---- J t e r --'------ F+�I - ---- -- - ' --- -- --- ------'----- ----a �- ---------- ---�-�------ -- --- r--r � r � ;�'^^^+^�'.res�onsible party. For purposes of this section, "responsible party" means the owner, �� business entity or person having beneficial enjoyment of the sign and,in the case of a political sign, the ^" political candidate and/or officialle�gnized/designated entity responsible for an�public or private � �olitical campaign. B. An�gn removed by the Director or his or her designee shall be stored in the Cit�� Moved from corporation e� Sec. 19.104.350 C. The responsible party for any removed sign,if known, shall be given written notice to reclainl the sign and charged a sign removal fee. � � � 1. For signs of de minimus value,three calendar days shall be given to reclaim the si�n. For � o �urposes of this section,an�gn,made of cardboard or other nondurable material shall be � o � deemed to be of de minimus value. �: M �, .� � ... 2. For all other signs,twenty calendar days shall be given to reclaim the sign. o � � D. Anv sign that remains unclaimed shall be deemed to be abandoned. The Cit��nl�� dis��ose of � '-' the si�1 and char�e a dis�osal fee�er the ado�ted fee schedule. 19.104.370 Illegal Signs-Deemed Public Nuisance-Court Action Authorized. � 0 � In the event any person��rects alters relocates or maintains 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 jurisdiction to enjoin such person '�, � from continuing such violation. The procedures for nuisance abatement are contained in Chapter 1.09 � of this Municipal Code. 19.104.380 Violation Deemed Infraction-Penalty. � 0 IAny person,firm,entitv, 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 1.10 and/or Cha�ter 1.12 of this Municipal Code. '�, � � U 32 OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPEPTINO,CA 9501�-3255 C V p E RT�N Q (�08)777-3308 • FAX(408)777-3333 • �lanning@cu�ertino.org Subject: Report of the Community Development Director Planning Commission Agenda Date: Tuesday,July 10, 2012 Miscellaneous: 1. Removal of Large Oak Tree at The Crossroads - In the recent process of construction at the Crossroads Shopping Center, the applicant's arborist discovered more extensive root decay in the large oak tree behind the future Islands Restaurant that was not readily visible during initial observations by the City arborist. The City arborist has confirmed this finding and agrees that the extent of the decav warrants immediate attention and that there are no reasonable measures that can be employed to save the tree. The applicant will work with staff to obtain a tree removal permit to remove and replace the tree with a 72-inch box size Valley Oak tree as soon as possible. Upcoming Dates: Date Event Time Location July 19-August 2 Cinema at Sundown Thursday Evenings Memorial Park 8:30pm Attachments: News Article 33 Builders brace for impact from affordable housing rule change Premium content from Silicon Valley/ San Jose Business Journal by Eli Segall, Reporter Date: Friday, June 8, 2012, 3:OOam PDT Housing developers have mixed reactions to a recent court ruling strilcing a San Jose policy that would have forced new multifamily projects to include affordable units. Santa Clara County Superior Court Judge Socrates Peter Manoul�ian on May 24 overturned San Jose's inclusionary housing ordinance that would have required developers to earmarlc 15 percent to 20 percent of a project's units as affordable, or below-marlcet price. The policy was slated to take effect next January. South Bay housing developers said the ruling would boost revenue for some projects because they would not have to offer some units at below-marlcet prices. But developers that specialize in affordable housing might lose out on subsidies. That's because, under the policy, developers who wanted to avoid the affordable housing requirement could have paid in-lieu fees to City Hall. The city would have then used the fees to help finance affordable housing projects. The fee was estimated to be $122,000 for each affordable unit. The ordinance would have affected proj ects that offered units for sale, not rental buildings, said San Jose housing director Leslve Corsi�lia. Chris Neale, vice president of development of The CORE Cos., which has developed both marlcet-rate and affordable projects, said developers can malce more money without the affordable component. However, he noted that when the state dissolved California's redevelopment agencies earlier this year, affordable housing developers lost a lcey source of funding. The RDAs sold bonds and collected property tax revenue to help revitalize their cities, in part by financing affordable housing projects. San Jose's RDA has said it helped create more than 11,000 affordable housing units. "This is just another(funding) hit," Neale said. A group that would have benefited from the inclusionary housing policy is Charities Housing. The San Jose-based affordable housing developer has built at least six projects in San Jose, and it has two more on the drawing board. 34 The group usually obtains 50 percent of its project funding from federal, state and local government, said Executive Director Dan Wu. "It was disappointing," he said of the ruling. Future housing The ruling, however, will not end affordable housing development in the Bay Area's largest city. A number of developers are planning projects in San Jose, and the city's housing department will continue worlcing to increase San Jose's affordable housing stocic by issuing loans to developers. The department aims to provide at least 148 new, affordable rental units in coming years. Corsiglia said the city's housing department received about $40 million per year from the RDA, by far its largest source of guaranteed funding. By comparison, it receives about $2.4 million for affordable housing from the federal government. "We are losing all the tools that we had," she said. The city adopted the inclusionary housing ordinance in January 2010. At the time, a city staff report said 170 jurisdictions in California had some type of inclusionary housing program or policy. Moreover, state housing officials had indicated San Jose should plan to develop 19,000 affordable housing units over the next seven years, according to the staff report. The new ordinance was supposed to help San Jose meet those goals. Two months after it was adopted, the California Buildin� lildustrv Association sued the city in Santa Clara County Superior Court, seelcing to overturn the ordinance. In court papers, the group argued San Jose officials adopted the ordinance without showing why it was needed. The city reportedly might appeal the recent ruling. City Attorney Rick Dovle did not return a call seelcing comment. All told, the ordinance would have made housing "less and less affordable" and crimp developers' ability to build projects, said Bob Glover, executive director of the Building Industry Association of the Bay Area. "It just drives up the cost to do business for our industry," he said. Eli,Segall car� be t�eached at-108.299.1829 ot�es�egall'cr;bizjozzt�r�als�.cona. Eli Segall covers finance, law, sports business and economic development at the Business Journal. His phone number is 408.299.1829. 35