Reso 6815]ECC -2016-04
CITY OF C1UP ER'i INO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6815
OF THE PLANNING COMMISSION OF THE CITY OF CIUP ERTINO APPROVING
A SIGN EXCEPTION TO ALLOW A FREEWAY ORIENTED WALL SIGN
LOCATED AT 10889 NORTH H[ DQE ANZA BLVD.
SECTION fa PROJECT DESCRIPTION
Application No.: ECC -20 6-®4
Applicant: ][Zits: Gupta (San Jose Signs)
Location 10389 North De Anza Boulevard (APP# 326-10-058)
SECTION iie RECITALS:
WHEREAS, the ]Manning Commission of the City of Cupertino received an application for a Sign
Exception as described in Section io of this Resolution; and
WHEREAS, the project has been determined' to be categorically exempt from the California
]Environmental Quality Act;
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the ]Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the. burden of proof required to support said application; and
WHEREAS, the ]Planning Commission finds as follows with i°egard to this application
SECTION lice ]FINDINGS
1. That the literal enforcement of the provisions of the Sign Ordinance will result in restrictions
inconsistent with the spirit and intent of the ordinance.
The proposed sign is consistent with the intent of the Sign Ordinance including regulations regarding size,
orientation, and illumination.
2e That the granting of an exception will not result in a condition which is materially detrimental to
the public health, safety, or welfare.
The proposed sign will not be detrimental or injurious to property or irnprovments in the vicinity, and will not
be detrimental to the public health, safety, or welfare.
3. That the exception to be granted is one that will require the least modification of the prescribed
design regulations and the minimum variance that will accomplish the purpose.
The proposed sign has met the requirments defined in the City's Sign Ordinance, and does not require
modification to the design regualtions of the ordinance.
Resolution No. 6815 EXC-2016-04 August 9, 2016
Page - 2 -
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3
thereof:
The application for a Fence Exception Permit, Application no. EXC-2016-04 is hereby recommended for
approval and that the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the Public Hearing record concerning Application no. EXC-2016-04 as set
forth in the Minutes of Planning Commission Meeting of Agusut 9, 2016, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received on June 16, 2016 entitled, "Cupertino Hotel", drawn by
M. Albair, consisting of eight (8) sheets; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. EXCEPTION APPROVAL
A Sign Exception is hereby granted to allow a new freeway oriented wall sign.
4. ILLUMINATION INTENSITY AND HOURS OF ILLUMINATION
The intensity of all signs shall not exceed 250 foot -lamberts. All illuminated signs shall be turned off
by 11:00 p.m. A letter from the business operator shall be provided prior to final building permit
approval acknowledging this condition of approval and incorporated in the building permit plans.
5. LIGHTING INTENSITY ADJUSTMENT
The City reserves the right to require the applicant to utilize dimming technology to adjust the
lighting intensity of the sign when deemed necessary.
6. SIGN PERMITS REQUIRED
The applicant shall consult with the City's Building Division to obtain the necessary sign permits for
this project.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
8. INDEMNIFICATION
To the extent permitted by law, the applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
Resolution No. 6815 EXC-2016-04 August 9, 2016
]gage - 3 -
attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The applicant and City shall use best efforts to select mutually agreeable
legal counsel to defend such action, and the applicant shall pay all compensation for such legal
counsel, following the applicant's receipt of invoices from City, together with reasonable supporting
documentation. Such compensation shall include reasonable compensation paid to counsel not
otherwise employed as City staff and shall include City Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.
If the applicant and the City cannot in good faith agree on joist counsel, the City shill have the right
to retain counsel of its own choosing, separate from the applicant's litigation counsel.
9, NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER (EXACTIONS
The Conditions of ]project Approval set forth herein may include certain fees, dedication
- requirements, reservation requirements, and other exactions.. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are ]hereby further
notified that the 90 -day approval period in which you may protest these fees, dedications,
reservations, and other exactions, Pursuant to Government Code Section 66020(a), has begun, If you
fail to file a protest within this 90 -day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions,
PASSED AND ADOPTED this 9thday of August, 2016, at a regular Meeting of the ]Manning Commission
Committee of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chair Takahashi, Lee, Sinn, Paulsen
NOES:
COMMISSIONERS: ERS: none
ABSTAIN:
COMMISSIONERS: none
ABSENT:
COMMISSIONERS: Nice Chair Gong
ATTEST: ' APPROVED:
Benjamin Fu Alan Takahashi
Assist. Director of Community Development Chair, ]Tanning Commission