Reso 6868EXC-2018-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6868
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
SIGN EXCPETION TO ALLOW SIX WALL SIGNS, INCLUDING THREE FREEWAY
ORIENTED WALL SIGNS, FOR A NEWLY CONSTRUCTED HOTEL AT 10380
PERIMETER ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2018-06
Applicant: Sandy Bloom (Coast Sign, Inc.)
Location: 10380 Perimeter Road (APN 316-20-092)
SECTION II: FINDINGS FOR SIGN EXCEPTION:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Sign Exception as described in Section I. of this Resolution; and
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 meeting in regard to the application; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) per Section 15303 New Construction or Conversion
of Small Structures; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
The proposed signs are for a newly constructed five -story 102,700 sq. ft. hotel that is
uniquely situated between I-280 and Perimeter Road. The intent of the Sign Ordinance is
Resolution No.6868 EXC-2018-06 January 8, 2019
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to ensure quality design and strategic location of business signs to ensure a high
standard of aesthetic quality and to reduce visual clutter while supporting businesses in
the City.
The unique shape, a triangle, of the property and its location, adjacent I-280, warrant
additional signage to properly identify the site and use. By limiting the wall signs to two
(2), the spirit of the ordinance to enhance and identify businesses would be impacted.
Furthermore, while the proposed sign package includes a frontage with three (3) walls signs
on one (1) frontage, two (2) of the wall signs are oriented to the pedestrian level.
2. That the granting of the exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare.
The proposed sign provide vsisbility to an otherwise difficulty located site and would not
result in a condtion where the signs are a detriment to public safety and welfare. The
proposed signage will enhance the aesthetic appeal of the hotel by providing high quality
branding and design.
3. That the exception granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the
purpose.
The sign excpetion is meant to increase the visibility of the project and use while promoting
a consistent design aesthetic. The proposed signs are consistent maximum size allowances,
location of frontage, and illumination intensity. The additional wall signs and freeway
orientation of the signs meet the intent of the City's ordinance of providing signs that
identify and enhance the new hotel and use.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof,
The application for a Sign Exception, Application no. EXC-2018-06, is hereby approved
and that the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Meeting record concerning Application
no. EXC-2018-06 as set forth in the Minutes of Planning Commission Meeting of January
8, 2019, and are incorporated by reference as though fully set forth herein.
Resolution No.6868 EXC-2018-06 January 8, 2019
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated December entitled, "Hyatt House" drawn by
"Chris C" of Coast Sign Incorporated, consisting of nine (9) sheets labeled 1-9, and the
sign program dated December 18, 2019 entitled, "Master Sign Program for Hyatt
House" prepared by Coast Sign Incorporated, consisting of five (5) sheets; except as
may be amdned by conditions in this resolution.
2. ACCURACY OF PROTECT 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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained mi file'no. SP -2018-04 shall be applicable to this
approval.
4. AINNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. EXCEPTION APPROVAL
A Sign Exception is hereby granted to allow six (6) wall signs, which total includes
three (3) freeway oriented wall signs.
6. ILLUMINATION INTENSITY
The intensity of all signs shall not exceed 250 foot -lamberts. 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.
7. LIGHTING INTENSITY VERIFICATION
Prior to final inspections of sign permits, a licensed lighting engineer shall confirm
that the lighting intensity is in compliance with the conditions .of approval in this
resolution.
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8. SIGN PERMITS REQUIRED
The applicant shall consult with the City's Building Division to obtain the necessary
sign permits for this project.
9. TEMPORARY SIGNS
Temporary signs shall comply with the Temporary Sign regulations of the City's Sign
Ordinance (Chapter 19.104 of the Municipal Code). A temporary sign permit is
required for all banners, a -frame or other freestanding signs (except those required by
the State of California), and promotional devices.
10. 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.
11. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents (collectively,
the "indemnified parties") from and against any claim, action, or proceeding brought
by a third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to 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 shall pay such attorneys' fees and costs within 30 days
following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts 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.
12. 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.
Resolution No.6868 EXC-2018-06 January 8, 2019
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PASSED AND ADOPTED this 8th day of January 2019, Regular Meeting of the Planning
Commision of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chair Paulsen, Vice Chair Takahashi, Sun
NOES:
COMMISSIONERS: none
ABSTAIN:
COMMISSIONERS: Fung
ABSENT:
COMMISSIONERS: none
ATTEST:
Benjamin Fu
Assistant Director of Community Development
APPROVED:
Geoff Paulsen, .
Chair, Planning Commission