Reso 6707 MCA-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6707
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 10th day of July 201 2, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Miller, Vice Chair Sun, Lee, Brownley, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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,�_, . / � ,
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�ra ti Shrivastava M ler, Chair
Community Development Director Plannin ommission
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. Statement 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. SeverabilitU•
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. E�'ective Date.
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. Certi ication.
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. C�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.
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: APPROVED:
City Clerk Mayor, City of Cupertino
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19.104.100 Signs exempt from permit requirements.
j19.104.110 through 19.104.230 not amended�
19.104.240 Temporary signs-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.
L9.104.280 through 19.104.320 not amendedl
19.104.320 Abandoned or discontinued signs.
19.104.330 Illegal signs on Private Property.
19.104.340 Illegal signs in public right-of-way or on public property.
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
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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 Signs. Window signs 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,
• t�affic 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
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the median, street, gutter, curb, sidewalk and landscaped strip on public property.
C. Unless otherwise provided for in this chapter, all temporary signs shall comply with the
following:
Size
Use/ Maximum Maximum Time Period Location
Zoning Area Height Review Criteria
• Shall not be located on the sfi•eet or
on street medians.
• May only be located in the public • Two sides
right-of-way of residential or maximum
institutional districts • Shall not Ue
All signs may only � Shall maintain 36 inches of clear illuminated.
be displayed and continuous width along a • Shall not restrict,in
between sunrise sidewalk or athwa lus an other an wa ,the safe
All 4 s.f. per 3 ft. and sunset,unless p y p y y y
side area needed for handicapped vision of any
otherwise accessibility. vehicular or
s�ecified in this . All parts of the sign shall be set pedestrian traffic or
chapter. back minimum 18 inches from the obstruct any
face of the curb or from the edge of directional or safety
the street,bicycle or vehicle travel signs permitted by
lane,whichever is the greatest the City.
distance from the edge of the street,
Uic cle or vehicle travel lane.
D. Unless otherwise specified in this chapter, persons who place temporary signs:
1. On private property shall obtain the oral or written consent of the owner or person entitled to
possession of that property and
2. 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 Ternporary Signs-Flags, Garage Sales,Political Signs and Subdivision Signs.
Table 19.104.250 sets forth the rules, regulations and processing applicable to Temporary Signs-
Flags, Garage Sales, Political Signs and Subdivision Signs.
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Table 19.104.250: Tem orar Si s-Fla s,Gara e Sales,Political Si s and Subdivision Si s
Size
Use Zonin Number Time Period Information Review Criteria
/ $ Maximum Maximum Contained
Area Hei ht
�Two weeks for each •In conjunction with a grand opening or special
Number subject No more special event promotional activity.
Commercial to a roval b N A �an 20 ft.
pp y � above �hall be removed N�A Comply with requirements for Special Event
CDD ground �'ithin 5 days after Banners,Promotional Devices,Portable Signs and
. Fiags s ecial event Dis la s
Two flag poles
for each model 4 s.f.
Residential Same as
home of a new No more above One year N/A N/A
develo ment than 2 sides
�Must be a bonafide garage sale activity as defined in
.Garage Residential One on-site g s.f. 6 ft Length of sale N/A Chapter 5.16 of the Municipal Code
Sales Three off-site
Off-site si na e sub'ect to Section 19.104.240
�No permit required.
Subject to requirements of Section 19104.240
4 s.f. •Unti15 days after •Within the ublic ri ht-of-wa onl allowed in a
C.Political All No limit election. p g Y Y
Signs No more N/A N/A park strip adjacent to the sidewalk with authorization
than 2 sides from the immediately adjacent property owner
and/or resident.
Shall comply with requirements of Section 19.104.240
Direct nd permit issued by CDD.
One year or until all customers
D• units are sold, �Application shall include a list of all other such signs
Subdivision Non- hree 32 s.f.per 6 ft. whichever occurs first along the most �ncluding sign area and street location.
Signs residential face direct route
�Extensions may be through the �Limited to Subdivisions located in Cupertino.
granted. city �Two sign faces maximum.
''V"sha ed si s rohibited.
DD=Communi Develo ment Director;S.f.=s uare feet;ft.=feet
19.104.260 Temporary Signs-Real Estate Signs and Project Announcement Signs.
Table 19.104.260 sets forth the rules, regulations and processing applicable to Temporary Signs- Residential Real Estate, Non-
residential Real Estate Signs and Project Announcement Signs.
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Table 19.104.260: Temporary Signs-Residential Real Estate,Non-residential Real Estate and
Pro'ect Announcement Si s
Size
Number Maximum Maximum Time Period Information Contained Review Criteria
Area Hei ht
One freestanding sign
per street frontage. 4 s.f. 6 ft. Length of sale N/A Subject to requirements of Section 19.104.240
�Two si s maximum.
One building
mounted banner-in
.Residential lieu of one 4 s.f. N/A See above N/A N/A
Real Estate freestandin si
One offsite for 4 s.f. N A Between sunrise N�A Subject to requirements of Section 19.104.240
sale/rent si � and sunset &on-site si a e
Six offsite open house N/A N/A Between sunrise N/A Subject to requirements of Section 19.104.240
si and sunset
�Length of sale or
time to lease/rent.
�Name of real estate agent or �No more than two faces."V"signs
One freestanding sign 32 s.f.per 6 ft. �May be installed up owner,address,phone number prohibited. May not reasonably obstruct
per street frontage face to thirty days prior and other pertinent information visibility of any permanent ground sign.
to any tenant
vacanc
B.Non- One building �Allowed only if no freestanding sign placed
mounted banner er Same as along that street frontage.
residential real P 32 s.f.per Same as
estate g face freestanding freestanding sign Same as freestanding sign p y q
elevation facin an �Location shall com 1 with re uirements of
adjacent public street. sign Section 19.104.140.
One offsite sign per
street fronta e On private property with approval and
g Same as consent of property owner on whose property
�Maximum of two 32 s.f.per freestandin Same as Same as freestandin si
face g freestanding sign g � sign is to be located.
signs per off-site sign
arcel. Subject to requirements of Section 19.104.240
One year or until Names of project and owner,
all units are sold, address,telephone number �New projects under construction,including
C.Project �Two freestanding whichever occurs contact information,leasin sale subdivisions of 5 or more units.
Announcement si ns or banners Combined 6 ft. g�
g area:64 s.f. first information,dates of anticipated �Permit issued by CDD.
Sign maximum com letion and a list of
•Extensions may be p Subject to requirements of Section 19.104.240
ranted contractors involved.
CDD=Communi Develo ment Director;S.f.=s uare feet;ft.=feet
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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 19.104.270(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 19.104.270(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
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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:
NumUer of Tenants Number of Si ns Permitted
20 to 27 tenants --2 center dis la s
28 tenants or more --4 center dis 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 shucture 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.
Maximum size 8 s.f
Minimuin hei ht 3 ft
Maxiinum hei ht 4 ft
Maximum width 2 ft
Min.setback from street curb 2 ft
Dis la Hours Business hours onl
Min. edestrian walkwa 5 ft
Distance from:
Bus sto zones and/or bus sto furniture 15 ft
Disable arkin zone 4 ft
Must not be: 1.Set in round
2.Attached to trees,lamp posts,utility poles,street or traffic signs,
benches,h drants,or mailboxes
3.Illuminated
4.Located in an re uired landsca e setback area
S.f.=s uare feet;ft=feet
5. Modification of specific standards. The Director may modify the specific standards descriUed
in subsection F.4. above upon making a finding that special circumstances unique to the site require the
application of a modified standard.
G. Retail tenants larger than 20,000 square feet may be allowed to have one additional sign for
each entrance to the building,up to a maximum of three signs with a permit from the Director. One
such sign may be up to six feet tall and twenty-four square feet in area if the sign face is not oriented to
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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 or 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, except any sign of de minimus value, shall be held in storage in
accord with Section 19.104.360.
D. Any political sign placed within the public right-of-way in a parking strip not in compliance
with the requirements of Section 19.104.250(C) may be removed and discarded by the adjacent property
owner.
19.104.350 Summary Rernoval 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.
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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
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 of de minimus value removed by the Director or his or her designee shall be deemed to
be abandoned and may be destroyed by the City after removal. No opportunity to reclaim such sign
shall be given by the City. For purposes of this section, a sign of de minimus value means any sign
made of cardboard or other nondurable material.
C. Any sign removed by the Director or his or her designee,other than a sign of de minimus value,
shall be stored in the City Corporation Yard.
D. The responsible party for any removed sign, other than a sign of de minimus value, if known, shall
be given written notice to reclaim the sign within twenty calendar days from the date of the notice,
provided that any cost incurred by the City has been paid, and, if continued display of the sign is
desired, a renewal of the permit for the sign is secured.
E. Any sign that remains unclaimed shall be deemed to be abandoned. The City may dispose of the
sign.
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.
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