HomeMy WebLinkAboutASAC Reso 667HC -51,339.3
RESOLUTION NO. 667
OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE
OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF
EXCEPTION TO SECTION 6.042 OF SIGN ORDINANCE NO.
353 TO PERMIT INSTALLATION OF MORE THAN ONE GROUND
SIGN ON A SINGLE PARCEL OF PROPERTY ACCORDING TO
THOSE FINDINGS CONTAINED IN THIS RESOLUTION NO. 667.
PROPERTY OWNER: University Real Estate Partnership III
APPLICANT: University Property Management
ADDRESS: 235 Montgomery Street, Suite 920, San Francisco, California
LOCATION OF PROPERTY: East side of De Anza Boulevard between Bollinger Road
and Silverado Avenue.
STATEMENT OF FINDINGS:
Whereas, the Architectural and Site Approval Committee held a public hearing on
October 28, 1976 to consider the merits of Application HC -51,339.3, and
Whereas, Section 10.4 of Sign Ordinance 353 of the City of Cupertino requires
the Architectural and Site Approval Committee to report to the City Council a
written finding of facts demonstrating whether the Sign Ordinance Exception
requested shall be in harmony with the general purpose of Ordinance 353, the
Architectural and Site Approval Committee finds as follows with respect to the
criteria contained in said Ordinance 353 at Section 10.4:
1) The exception to Section 6.042 of Ordinance 353 requested under
Application HC -51,339.3 is in harmony with the general intent of
sign regulation in the City of Cupertino as that intent is under-
stood and interpreted by the Architectural and Site Approval Committee.
2) The Committee finds that, as provided in Section 10.4(a) of Ordinance
353, special conditions and extraordinary circumstances apply to the
subject property which are not created by the owner or his tenants, and
do not apply generally to other properties with the same land use.
The Committee makes the following subconclusions with regard to this
finding:
a) That since the opening of De Anza Square Shopping Center, Saratoga -
Sunnyvale Road has been changed in name to De Anza Boulevard, thus
creating confusion and difficulty for customers attempting to
locate the Center.
b) That the previous action of the Architectural and Site Approval
Committee approving a ground sign for the Coco's Restaurant portion
of this site only did not give adequate consideration to future
implications of that decision for identification needs of the
shopping center portion of the site. Further, the current owners of
the subject property are aggrieved by and are not a party to said
Architectural and Site Approval Committee decision regarding the
Coco's Restaurant ground sign.
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Resolution No. 667 (continued)
HC -51,339.3
3) The Committee finds that as provided in Section 10.4(b) of Ordinance
353, literal enforcement of Ordinance 353 will result in unnecessary
hardship to the applicant inconsistent with the intent of Ordinance
353.
The Committee makes the following subconclusion with regard to this
finding:
a) Evidence of unnecessary hardship to the applicant and the general
public was presented at the above -referenced public hearing in the
form of petitions from certain shopping center merchants, signed
by their customers who admitted difficulty in locating De Anza
Square Shopping Center.
4) The Committee finds that, as provided in Section 10.4(c) of Ordinance
353, the exception of sign use corresponds with the use in the subject
property's zoning category, and will not be contrary or detrimental to
public intent and welfare, or injurious to conforming signs in the City.
5) The Committee finds that, as provided in Section 10.4(d) of Ordinance
353, if the requested exception is not granted, the property cannot
yield a reasonable return in service, use or income as compared to
other conforming property within the City.
The Committee makes the following subconclusion with regard to this
finding:
a) A sign identifying the shopping center constructed on the subject
property is a reasonable aid to promoting the economic vitality of
the development, consistent with retail marketing practices.
6) The Committee finds, as provided in Section 10.4(e) of Ordinance 353,
that the requested exception is one which requires least modification
of regulations prescribed in Ordinance 353 and is the minimum variance
which will accomplish the purpose for which the exception is granted.
The Committee makes the following subconclusion with regard to this
finding:
a) The Architectural and Site Approval Committee intends that any
ground sign approved subsequent to the requested Sign Ordinance
Exception shall be of a minimum design necessary to identify,
rather than advertise, the subject shopping center to motorists
on De Anza Boulevard.
Now, therefore, be it resolved that after careful consideration of facts,
exhibits, testimony submitted by the applicant and tenants of the subject
property, and other evidence submitted in this matter, the Architectural
and Site Approval Committee hereby recommends that the City Council approve
the requested Sign Ordinance Exception.
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Resolution No. 667 Ccontinued)
HC -51,339.3
PASSED AND ADOPTED this 28th day of October,. 1976, at the regular meeting of
the Architectural and Site Approval Committee of the City of Cupertino, State
of California, by the following roll call vote:
AYES: Committee Members: Bond, Claudy, Chairwoman Sallan
NAYS: " " Ripplinger
ABSTAINING: " " None
ABSENT: " " Irvine
/
ATTEST://4
MarlaCaughey' ,'r
Senior Planning,,Technician
APEROVED:
Is/ C. Nancy Sallan
C. Nancy Sallan, Chairwoman
Architectural and Site Approval Committee
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