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Reso 6867SP -2018-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6867 OF THE, PLANNING COMMISSION OF THE CITY OF CUPERITNO APPROVING A SIGN PROGRAM TO ALLOW NEW SIGNS CONSISTENT WITH CONDITION OF APPROVAL, #25 OF CITY COUNCIL RESOLUTION NO. 14-202, FOR A NEWLY CONSTRUCTED HOTEL AT 10380 PERIMETER ROAD SECTION I: PROTECT DESCRIPTION Application No.: SP -2018-04 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 Sign Program complies with the purpose of this chapter (Chapter 19.104: Signs). Resolution No. 6867 SP -2018-04 January 8, 2019 Page - 2 - The proposed sign program complies with the purpose of the sign ordinance by establishing a comprehensive set of design standards serving to identify the tenant and by providing harmonious design standards. 2. Proposed signs are creative, and are in harmony with the strctures they identify, other signage on the site, and the surrounding development. The signs proposed provide a creative and harmonious deisng pattern that is consistent with the ground and wall signs. The signs clearly identify the tenant and use on site. Additionally, by allowing the ground sign to be placed in multiple locations to accommodate future development, the sign program is further harmonized with surrounding development. 3. The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. The proposd sign program accmodates future uses and tenant changes by allowing for multiple location for the proposed ground sign, and allowing for the primary wall signs to have an area of 140 sq. ft. 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 Program, Application no. SP -2018-04, 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. 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. Resolution No. 6867 SP -2018-04 Page -3- January 8, 2019 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 in file no. EXC-2018-06 shall be applicable to this approval. 4. FUTURE MODIFICATIONS TO THE SIGN PROGRAM Any proposals for new permanent sign locations not shown on the 'sign program or modifications to existing sign program standards shall require City review through a sign program modification and additional discretionary permit if determined necessary by the Director of Community Development. 5. ANNOTATION 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. 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. 8. NEW SIGNAGE New signage shall obtain the property owner's approval prior to submittal of a building permit. New signs are required to obtain a building permit with approval by the Planning Department prior to installation, unless a permit is not required as determined by the Building Department. 9. SIGN PERMITS REQUIRED The applicant shall consult with the City's Building Division to obtain the necessary sign permits for this project. Resolution No. 6867 SP -2018-04 January 8, 2019 Page - 4 - 10. 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. 11. 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. 12. 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. 13. 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. 6867 SP -2018-04 January 8, 2019 Page - 5 - PASSED AND ADOPTED this 8th day of January 2019, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Paulsen, Nice Chair Takahashi, Sun NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: Fung ABSENT: COMMISSIONERS: none ATTEST: APPROVED: Benjamin Fu Geoff P, (isen, Assistant Director of Community Development Chair, Planning Commission 0;