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HomeMy WebLinkAboutTS-2025-006 - Temporary Sign Approval Action Letter September 9, 2025 Sally Cashin 31 E Main Street Los Gatos, CA 95030 SUBJECT: TEMPORARY SIGN PERMIT APPROVAL ACTION LETTER – Application TS-2025-006 This letter confirms the decision of the Director of Community Development, given on September 9, 2025 approving a Temporary Sign Permit for the display of a banner sign for Spirit Halloween located at 20572 Homestead Road in Cupertino. The approved temporary banner sign consists of: One (1) 4' x 20’ (80-square-foot) banner sign for Spirit Halloween mounted on the front building fascia as depicted in the approved sign plan. 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. APPROVED PROJECT The banner sign shall be consistent with the sign plan stamped approved on September 9, 2025. 2. TEMPORARY BANNER SIGN DISPLAY DURATION 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 which states that the banner sign will be removed on Monday, November 10, 2025. This approval is for one year from date of issuance. 3. SIGNS MUST BE LOCATED ON PRIVATE PROPERTY All temporary signage shall be located on private property. 20572 Homestead Road TS-2025-006 (Spirit Halloween) September 9, 2025 Page 2 of 3 4. 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. 5. 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 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. 20572 Homestead Road TS-2025-006 (Spirit Halloween) September 9, 2025 Page 3 of 3 6. 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