TS-2025-002 - Temporary Sign Approval Action Letter
April 15, 2025
Mark Albiar
San Jose Signs
339 Piercy Road
San Jose, CA 95138
SUBJECT: TEMPORARY SIGN PERMIT APPROVAL ACTION LETTER – Application
TS-2025-002 (Rainbow Donuts & Boba)
This letter confirms the decision of the Director of Community Development, given on
April 15, 2025 approving a Temporary Sign Permit for the display of a temporary Banner
Sign for Rainbow Donuts & Boba located in a commercial business space at 19960
Homestead Road in Cupertino.
The approved temporary signs consist of: One (1) 12’ long x 3’ high fabric banner sign
mounted on the front building fascia on the front building fascia of a commercial business
space at 19960 Homestead Road with the wording “Rainbow Donuts & Boba”.
No other temporary signs are approved for this property. If any additional temporary
signs are desired, they must be submitted to the City of Cupertino Planning Division on
a separate permit. This approval is granted consistent with Cupertino Municipal Code
Section CMC 19.104.270(C) for Temporary Banner Signs.
The application is approved with the following conditions:
1. APPROVAL OF A SIGN PERMIT APPLICATION REQUIRED BEFORE
PERMANENT SIGN CAN BE INSTALLED:
The Business Owner shall submit and obtain approval of a Sign Permit Application
from the Cupertino Building Division before the permanent sign is installed.
2. APPROVED PROJECT
The banner sign shall be consistent with the sign plan stamped approved on April 15,
2025.
3. TEMPORARY BANNER SIGN DISPLAY DURATION AND HOURS
19960 Homestead Road
TS-2025-002 (Rainbow Donuts & Boba)
April 15, 2025
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Per the requirements of Municipal Code section CMC 19.104.270(C), the approved
temporary banner sign shall only be displayed for a maximum of one hundred twenty
days within a three hundred sixty-day period as provided in the display schedule for
this banner sign. The date of removal of the banner sign shall be Sunday, August 10,
2025. This Temporary Sign Permit remains active through April 15, 2026 and so if the
applicant wishes to submit an application for a new banner sign, it must be after April
15, 2026.
4. SIGNS MUST BE LOCATED ON PRIVATE PROPERTY
All temporary signage shall be located on private property.
5. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible for verifying 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.
6. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
“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 related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and
costs shall include amounts paid to the City’s outside counsel 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. The applicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
19960 Homestead Road
TS-2025-002 (Rainbow Donuts & Boba)
April 15, 2025
Page 3 of 3
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
7. 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.
Sincerely,
Catherine Tarone
Planning Permit Technician
City of Cupertino
(408) 777-3297
catherinet@cupertino.gov
Enclosure: stamped approved temporary sign plans