PC Summary 03-22-05
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
From:
Steve Piasecki, Director of Community Development
Date:
March 24, 200S
Subj:
REPORT OF PLANNING COMMISSION DECISIONS MADE
March 22, 200S
Chapter 19.32 of the Cupertino Municipal code provides for
a eal of decisions made b the Plannin Commission
1. Application
EXC-200S-06; Jae Chung (BoA's Fine Asian Grill and Barbeque), 20030 Stevens
Creek Blvd.
Description
Sign Exception to allow an exposed neon border on an existing monument sign.
Action
The Planning Commission approved the application on a 4 - 0 vote.
The fourteen-calendar day appeal will expire on AprilS, 200S.
Enclosures:
Planning Commission Report of March 22, 200S
Planning Commission Resolution No. 6296
g:planning/Post Hearing/summary to cc03-22-05
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
EXC-200S-06 Agenda Date: March 22, 200S
Jae Chung (BoA's Fine Asian Grill and Barbeque)
Bill Mendenhall
20030 Stevens Creek Boulevard
Application Summary:
Sign exception to allow an exposed neon border on an existing monument sign
RECOMMENDATION:
Staff recommends that the Planning Commission deny file no. EXC-200S-06
subject to the model resolution.
BACKGROUND:
Hamasushi Restaurant has recently changed into BoA's Fine Asian Grill and
Barbeque and is undergoing tenant improvements. An exposed neon tube
border was added around the existing monument sign without benefit of an
electrical permit or planning approval. The applicant, Jae Chung, requests a
sign exception for the use of exposed neon in the monument sign. Per the Sign
Ordinance, CMC Section 17.24.190 (Illumination Restrictions), the exposed neon
lighting triggers the need for Planning Commission approval.
DISCUSSION:
The Sign Ordinance requires review of any ground or wall sign that uses
exposed neon. Aspects of signs not specifically allowed by right in the Sign
Ordinance require an exception. The code does not specify what the standards
for review of exposed neon are, but there are specific findings that must be made
to grant a sign exception. They are:
A. That the literal enforcement of the provisions of this title will result in
restrictions inconsistent with the spirit and intent of this title;
B. That the granting of an exception will not result in a condition which is
materially detrimental to the public health, safety or welfare; and
C. That the exception to be granted is one that will require the least
modification of the prescribed regulations and the minimum variance
that will accomplish the purpose.
The applicant has submitted a letter (Exhibit A), justifying the use of exposed
neon. His reasons are as follows:
I
;ì-
1. the original sign was too small to be recognized;
2. the Chili's Restaurant ground sign, located next door, currently possesses
a huge neon sign that reduces the effectiveness of the BoAs sign;
3. the City street trees are a visual obstacle for public visibility; and
4. the applicant would like to create a positive and lively image of Stevens
Creek Boulevard.
Staff will discuss the applicant's justifications in light of the exception findings.
A. "That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title;"
The intent of the Sign Ordinance is to:
· Allow for good visibility for the public and the needs of the business;
· Provide for the safety of the public by minimizing distractions to the
motorist and pedestrian;
· Maintain the aesthetic appearance of the City; and
· Provide for sign regulations that will be compatible with the building,
siting, and the land uses the signs are intended to identify;
The applicant has not changed the size or shape of the previous Hamasushi sign
aside from adding an exposed neon border (Exhibit B), so he has not solved his
recognition problem, which he has attributed to the size of the sign. In staffs
opinion the difficulty in identifying the business is connected to the typography
and font size of the lettering. The exposed neon tube merely highlights the size
of the ground sign and provides additional night time illumination.
The adjacent Chili's Restaurant ground sign (Exhibit C) is smaller than BoAs'
and does not use exposed neon, but is more visible and effective.
The existing BoAs sign has excellent visibility from Stevens Creek Boulevard,
which can be seen in Exhibit D.
B. "That the granting of an exception will not result in a condition which is materially
detrimental to the public health, safety or welfare;"
Exposed neon lighting is regulated by the City because it is a very penetrating
type of light that can be visually jarring as in the case of the Outback Steakhouse
ground sign (Exhibit E). The neon border creates an exceptionally bright sign
which can be visually distracting, without improving business identification.
Staff is not opposed to using exposed neon in a judicious manner to create a
2
;;;>- 8-
positive and lively image of the City. Exposed neon has been used in sign
lettering to identify businesses (Outback Steakhouse wall sign, Marie
Callender's, Elephant Bar) and also in minor ways on buildings to enhance
entrances and architecture (BJ's Restaurant and Outback Steakhouse). A limited
amount of neon window signs is allowed by right in the sign ordinance.
C. "That the exception to be granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose."
Staff fails to see how the neon border is improving this business's identification
when it just enhances the outline of the sign. If the applicant seeks improved
night time illumination, there are other ways of accomplishing that without
having to resort to exposed neon. Staff is open to other means of improving this
business's signage visibility, such as uplighting.
Submitted by: Colin Jung, Senior Planner ç::>~
Approved by: Steve Piasecki, Director of Community Developme~
Enclosures:
Model Resolution
Exhibit A: Sign Exception Justification Letter from BoAs (Hamasushi) Restaurant
undated
Exhibit B: Photo of BoAs sign at night
Exhibit C: Photo of Chili's Restaurant sign at night
Exhibit D: Other photos of BOAs sign
Exhibit E: Photo of Outback Steakhouse ground sign at night
3
;)-3>
._----_._-------_...__._.._--_._.~---_._._- ---------._-~_._--------.-----~_._-----_._-~.--
EXC-2005-06
CIIT OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A SIGN EXCEPTION TO ALLOW THE USE OF AN EXPOSED NEON
BORDER ON AN EXISTING MONUMENT SIGN IN ACCORDANCE
WITH CHAPTER 17.44 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2005-06
Jae Chung
20030 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an exception to the Sign Code, as described in this Resolution; and
WHEREAS, the Planning Commission finds the following with regards to this
application:
a) That the literal enforcement of the proVISIOns of this title will not result in
restrictions inconsistent with the spirit and intent of this title, in that the exposed
neon border does not sigrIificantly improve the identification of the business, but
merely highlights the border of the sign;
b) That the granting of the exception will result in a condition which is visually
distracting and potentially detrimental to public safety; and
c) That the exception requires variance from the regulations without accomplishing its
purpose, in that the neon border merely outlines the ground sign without improving
the identification of the business and that improved night time illumination can be
addressed without using exposed neon.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to the sign ordinance for an exposed neon
~-4-
Resolution No.
Page -2-
EXC-200S-06
March 22, 2005
ground sign border is hereby denied subject to the conditions which are enumerated in
this Resolution; and
That the subconc1usions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application EXC-2005-06, as set forth in the Minutes of the Planning Commission
Meeting of March 22,2005, and are incorporated by reference herein.
PASSED AND ADOPTED this 22nd day of March 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Gilbert Wong, Chairperson
Cupertino Planning Commission
g:/planninglpdreport/res/EXC-2005-06 Denial
;>-5
o ïf,,/fõJ
HI\MA8USHI
E.'i-.\t\ ß IT:
PI
BoAs Restaurant.
Japanese Cuisine
20030 Stevens Creek Blvd.
Cupertino, CA 95014-2308
1-408- 446-4262
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3232
1-408-777-3200
Re: Request for Approval of Neon Light on Existing Outdoor Sign.
To whom it may concern.
Ever since the original Hama Sushi Restaurant changed into BoA's Fine Asian
Grill and Barbeque - hereby after BoAs Restaurant - there has been dire need for new
neon light on the existing sign outside the restaurant building. Therefore, BoAs
Restaurant requests an approval of new neon light on the existing sign on 20030 Stevens
Creek Blvd. in City of Cupertino for reasons below.
Firstly, the original Hama Sushi Restaurant's sign was too small to be recognized,
making it difficult for the passing by publics to notice the restaurant's existence. Hence,
the purpose of the sign to advertise a place of business has been affected.
Secondly, the Chile's Restaurant located right next to the BoAs Restaurant
currently possess huge neon sign that diminishes the effectiveness of existing BoAs
Restaurant sign.
J1amasushi, Inc.
20030 Stevens Creek Blvd. Cupertino, California 95014 (408) 446-4262 FAX (408) 446-2061
;;H,o
- ~~q
HAMASUSHI
Japanese Cuisine
Thirdly, the tress that City of Cupertino provided along the street of Stevens
Creek Blvd is an immense obstacle for public to notice the current BoAs Restaurant's
neon sign. Hence, the need for prominent sign for the restaurant is greatened.
Lastly, it is BoAs Restaurant's interest to participate in creating a positive and
lively image of Stevens Creek Blvd. Newly added neon sign would adequately aid in
creating new and positive image of City of Cupertino.
For above reasons, BoAs Restaurant humbly seeks City of Cupertino's permission
and approval for a new neon light on existing sign. Please take this letter into your
consideration upon arrival. Thank you.
Sincerely,
(/A£/-/ C4wnf_
~~ung cr
CEO of BoAs Restaurant,
9-+
UamasushL Inc.
200:50 Stevens Creek Blvd. Cupertino. California 95014 (408) 446-4262 FAX (408) 446·2061
EXC-2005-06
CIIT OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6296
OF THE PLANNING COMMISSION OF THE CIIT OF CUPERTINO
APPROVING A SIGN EXCEPTION TO ALLOW THE USE OF AN EXPOSED NEON
BORDER ON AN EXISTING MONUMENT SIGN IN ACCORDANCE
WITH CHAPTER 17.44 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2005-06
Jae Chung
20030 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an exception to the Sign Code, as described in this Resolution; and
WHEREAS, the Planning Commission finds the following with regards to this
application:
a) That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title, in that the exposed neon border
does improve the identification of the business;
b) That the granting of the exception will not result in a condition which is detrimental
to public health, safety and welfare; and
c) That the exception requires variance from the regulations and does somewhat
improve the identification of the business at nighttime.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to the sign ordinance for an exposed neon
ground sign border is hereby approved subject to the conditions which are enumerated
in this Resolution; and
Resolution No. 6296
Page -2-
EXC-2005-06
March 22, 2005
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNIIT
DEVELOPMENT DEPT.
1. EXPIRATION DATE OF APPROVAL
This sign exception approval for an exposed neon border on a ground sign shall be
valid for only one (1) year from the date of approval.
2. 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.
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application EXC-2005-06, as set forth in the Minutes of the Planning Commission
Meeting of March 22, 2005, and are incorporated by reference herein.
PASSED AND ADOPTED this 22nd day of March 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati, and Chairperson
Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Chen
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
I sl Steve Piasecki
Steve Piasecki
Director of Community Development
Isl Gilbert Wong
Gilbert Wong, Chairperson
Cupertino Planning Commission
g: / planning/ pdreport/ res / EXC- 2005-06