34. Sign ordinanceCUPERTINO
COMMUNITY DEVELOI?MENT DEPARTMENT
CITY HALL
10300 TORRE AVE1`fUE • CUPERTINO, CA 95014-3255
(40S) 777-3305 • FAX (40E) 777-3333
SUnZMARY
Agenda Item No.
Application: MCA-2009-01
Applicant: City of Cupertino
Property Owner: Various
Property Location: City-wide
SUMMARY:
Agenda Date: November 30, 2009
Second Reading and adoption of Ordinance T1o. 09-2050: "An Ordinance of the Cupertino
City Council amending Title 17, Sign Ordinance, of the Cupertino Municipal Code."
RECOMMENDATION:
Staff recommends that the City. Council conduct the second reading and adopt Ordinance
No. 09-2050.
DISCUSSION:
On October 20, 2009, the City Council moved to introduce the ordinance amendments with
minor changes to the model ordinance (See )=;xhibit A.) The changes requested by the City
Council have been highlighted in grey. See Page 27 and 34 of Exhibit A.
Minor revisions have been made in the Temporary Signs Chapter. These have been
highlighted in yellow. No content has been removed from or new concepts proposed to the
model ordinance presented on October 20. Tl-.ese changes were made to:
1. Carry forward the intent of the existing; Sign Orduzance (see pages 10, 26 & 27),
2. Maintain uzternal consistency (see page 11), and
3. Improve readability (see pages 23 & 29).
Prepared by: Piu Ghosh, Associate Plaiuler
Reviewed by:
r
Aarti Shrivastava,
Community Development Director
Enclosures:
ExhiUit A: Ordinance No. 09-2050
Approved by:
_ /
David Knapp
City Manager
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DRIFT
ORDINANCE N0.09-2050
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING TITLE 17,
SIGN ORDINANCE, OF THE CUPERTINO MUNIClI'AL CODE.
THE CUPERTINO CITY COUNCIL DOES HEREBY ORDAIN that the following
sections of the Cupertino Municipal Code shall be amended to read as follows:
TITLE 17: SIGNS'
Chapter
17.04 General Provisions
17.08 Definitions
17.12 Administrative Procedures
17.16 Exempt Signs
17.20 Prohibited Signs -
17.24 Sign Regulations
17.32 Temporary Signs-Regulations.
17.44 Sign Exceptions
17.52 Compliance and Enforcement
Prior Ordinance History: Ords. 746, 894,1208,1320 and 1414.
CHAPTER 17.04: GENERAL PROVISIONS
Section
17.04.010 Short title.
17.04.020 Purpose and intent.
17.04.010 Short Title.
Chapters 17.04 through 17.54 of this title shall hereafter be lalown and cited as the "sign
ordinance."
(Ord. 1624, (part), 1993)
17.04.020 Purpose and Intent.
A. The purpose of the sign ordinance is to identify and enhance businesses while
maintaining the aesthetic appearance of the City.
B. A good sign program will provide information to the public concerning a
particular business or use and will serve the visual and aesthetic desires of the
community.
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C. The City has adopted this title with i:he intent to:
1. Provide architectural and aesthetic r~armony of signs as they relate to building
design and surrounding landscaping;
2. Provide regulations of sign dimensions and quantity, which will allow for good
visibility for the public and the needs of the business while providing for the safety of
the public by minimizing distraction to the :motorist and pedestrian;
3. Provide for sign regulations that will be compatible with the building, siting,
and the land uses the signs are intended to identify;
4. Provide for maintenance of existing signs and a program for bringing
nonconforming signs into conformance wit}t the standards of this title as changes are
made to the signs or businesses;
5. Provide procedures which will facilitate the efficient processing of sign
applications; and
6. Provide design criteria, which will promote attractive and effective signs for
Cupertino residents, businesses, employees and visitors.
(Ord. 1624, (part), 1993; Ord. 1987, (part), 2006)
CHAPTER 17.08: DEFIN][TIONS
Section
17.08.010 Definitions.
17.08.010 Definitions.
All definitions in Chapter 19.08, Definitions, of the Cupertino Municipal Code are
applicable to this chapter.
"Advertising statuary" means a structure or device of any kind or character for
outdoor advertising purposes, which displays or promotes a particular product or
service, but without name identification.
"Alteration" means any permanent chanl;e to a sign.
"Animated sign" means any sign which projects action, motion or the illusion
thereof, changes intensity of illumination or changes colors, including the likes of
balloons, banners and flags, and blowing or air-powered attractions, but excluding
electronic readerboard signs and signs that display the current time or temperature.
"Architectural projection" means any permanent extension from the structure of a
building, including the likes of canopies, awnings and fascia.
"Banner" means a temporary display consisting of fabric, canvas, plastic or paper
material, which is attached to a building, vehicle, pole or other form of support.
"Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or
sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face
of the sign in a plane perpendicular to the plane of the building wall.
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"Building frontage" means the length or the surface of the building wall, which
faces, and is visible to the general public from, a private or public right-of-way or
driveway.
"Changeable copy sign" means any sign, or portion thereof, which provides for eadl
manual changes to the visible message without changing structural surfaces, including
the likes of theater marquees and gasoline service station price signs, but excluding
electronic readerboard signs and signs which display the current time or temperature.
"Change of face" means any changes to the letter style, size, color, background, or
message. ,
"Commercial district" means an area of land designated for commercial use in the
current Cupertino General Plan.
"Community organization" means a nonprofit organization based in the City and
whose activities benefit the City, its residents, employees, or businesses located therein.
"Corner triangle" means atriangular-shaped area of land adjacent to an intersection
of public rights-of-Tay, as further defined in Cupertino Standard Details Drawings
Nos. 7-2 and 7-4. Unobstructed views over these areas are essential to the public safety
for bicyclists, motorists and pedestrians. (See Appendix A-4, Cupertino Standard Detail
7-2; Corner Triangle--Controlled Intersections, and A-5, Cupertino Standard Detail ?-4;
Corner Triangle-- Uncontrolled Intersections for details.)
"Decorative statuary" means any structure or device of any kind or character placed
solely for aesthetic purposes and not to promote any product or service.
"Development Identification Sign" means a ground sign at the major entry to a
residential development with t<~Tenty units or more meant to identify the name and
address of the development.
"Directional sign" means any sign that primarily displays directions to a particular
area, location or site.
"Director" means the Director of Community Development for the City or any
authorized representative thereof.
"Directory sign" means any outdoor listing of occupants of a building or group of
buildings.
"Driveway" means any driveway that provides a business direct access to a public or
private street.
"Electronic readerboard sign" means an electronic sign intended for aperiodically-
changing advertisilg message.
"Flag" means any fabric, banner, or bunting containing distinctive colors, patterns,
or symbols, used as a symbol of a government, political subdivision, or other entity.
"Foot-lambert" means a unit measurement of the brightness of light transmitted
through or reflected from an object or surface.
"Freeway" means any public roadway so designated by the State of California.
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"Freeway oriented sign" means any sign that is located within six hundred sixty feet
and visible from a freeway right-of-way as defined by Section 5200 of the California
Business and Professions Code.
"Garage sale signs" means any sign used for advertising a garage or patio sale as
defined in Chapter 5.16 of the Cupertino Municipal Code. _
"Gasoline service station" means any place of business that offers for sale any motor
vehicle fuel to the public.
"Ground sign" means any sign permanently affixed to the ground and not supported
by a building structure. The height of such signs shall be measured from the grade of
the adjoining closest sidewalk to the top of the sign including trim.
"Identification sign" means any sign ~vhc-se sole purpose is to display the name of
the site and the names of the occupants, their products or their services.
"Illegal sign" means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance ~vith. the provisions of this title in effect at the
time of the erection of the sign or advertises;; statuary or tiThich was not installed with a
valid permit from the City.
"Illuminated sign" means any sign utilizing an artificial source of light to enhance its
visibility.
"Industrial district" means all ML districts and any other zoning classifications,
which are consistent with the industrial designation of the Cupertino general plan.
"Informational sign" means any sign that promotes no products or services, but
displays service or general information to the public, including the likes of hours of
operation, rest room identifications and haz~irdous warnings.
"Institutional district" means all BQ, PR, .FP, and BA districts and other zoning
classifications and uses which are considered institutional in nature and are consistent
with the institutional or quasi-public design~~tion of the general plan.
"Landmark sign" means an existing, legal non-conforming ground sign that has a
distinctive architectural style.
"Nonconforming sign" means any sign or advertising statuary that was legally
erected and had obtained a valid permit in conformance with the ordinance es effect at
the time of the erection of the sign but whicr: became nonconforming due to the
adoption of the ordinance codified in this tit:!e.
"Obsolete sign" means any sign that disp:~ays incorrect or misleading information,
promotes products or services no longer available at that site or identifies departed
occupants.
"Off-site sign" means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster
panels, painted bulletins and other similar advertising displays.
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"Office district" means those buildings or groups of buildings for which the
permitted uses are professional offices, is within an OA zone or which are designated
for offices on the general plan.
"On-site sign" means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which
the sign is maintained.
"Pennant" means any. lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in a
series, designed to move in the wind.
"Political sign" means a temporary sign that encourages a particular vote in a
scheduled election and is posted prior to the scheduled election.
"Portable Sign or Display" means any outdoor sign or display not permanently
attached to the ground or a structure on the premises it is intended to occupy and
displayed only during business hours. Portable signor display includes A-frames,
flower carts, statues, and other similar devices used for advertising as determined by
the Director.
"Project announcement sign" means any temporary sign that displays information
pertinent to a current or future site of construction, including the likes of the project
name, developers, owners and operators, completion dates, availability and occupants.
"Projecting sign" means any sign other than a wall sign that is attached to and
projects from a structure or building face or wall.
"Promotional Device" means any sign, display, fixture, placard, vehicle or structure
that uses color, form, graphic, symbol, illumination or writing to advertise a special
event or the opening of a new business.
"Real estate sign" means a temporary sign indicating that a particular premise is for
sale, lease or rent.
"Residential district" means the R1, RHS, R2, R3, R1C, A, and Al zoning
classifications which are consistent with the residential designation of the Cupertino
general plan.
"Roof sign" means a sign erected between the lowest and highest points of a roof.
"Shopping center" means a retail entity encompassing three or more tenants within a
single building or group of buildings, but within which individual business located in
defined tenant spaces are owned and managed separately from the shopping center
management.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard
Detail 7-6. (See Appendix A-6, Cupertino Standard Detail; Sidewalk Site Triangle
(Sidewalk Clearance at Driveway)
"Sign" means any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose of, or
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identify the purpose of a person or entity, to communicate information of any kind to
the public.
"Sign Area" for an individually lettered :;ign without a background, is measured by
enclosing the sign copy with a continuous perimeter in simple rectilinear forms. (See
Appendix A-2 for examples of sign area calculation)
The sign area for a sign with borders and/or background is measured by enclosing
the exterior limits of the border or background ~Tith a single continuous perimeter. The
necessary supports, uprights, and/ or the b~~se on which such sign is placed, shall be
excluded from the sign area.
When a sign is separated by thirty-six inches or more, the area of each part maybe
computed separately.
"Site" means a piece of land as shown on a subdivision map, record of survey map
or assessor's parcel map, which constitutes one development site and which maybe
composed of a single unit of land or contiguous units under common ownership,
control, or development agreement.
"Special event" means a temporary promotional event including, but not limited to,
a special sale on merchandise or services, or grand openings.
"Special Event Banner" means any temporary sign constructed of pliable materials
such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure
to wind and rain without significant deterioration, and which does not require a
building permit for its construction, or instaJ.lation outside of a building.
"Street address sign" means any sign than displays only the street address number(s)
of the site and, at the option of the property owner, the street name.
"Street frontage" means the length of a sii:e along or fronting on a public or private
street, driveway or other principal thoroughfare, but does not include such length along
an alley, watercourse, railroad right-of-~vay ~~r limited access roadway or freeway.
"Temporary Sign" means any sign, display, banner or promotional device, which is
designed or intended to be displayed only during the allowable business hours or for
short periods of time as specified by the DirE~ctor of Community Development.
"Trim" means the molding, battens, capp::ngs, nailing strips, lattice and platforms,
which are attached to the sign.
"V-shaped signs" means any sign consisting of two vertical faces, or essentially
vertical faces, with one common edge and which appears as the letter V when viewed
directly from above.
"Vehicle sign" means a sign painted on or attached to an operable or movable
vehicle; in the case of motor vehicles, "operaJ~le" shall be defined as having a valid
license plate.
"Wall sign" means any sign that is attachE~d, erected or painted on a structure
attached to a building, a canopy structure, or the exterior wall of a building with the
exposed face of the sign parallel to the wall.
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"Window sign" means any sign displayed in or painted on a window facing a public
street, parking lot, pedestrian plaza or walkway accessible to the public. Displayed in
means a sign that is clearly intended to be visible from an adjacent street.
(Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
CHAPTER 17.12: ADMINISTRATIVE PROCEDURES
Section
17.12.010 Conformity with provisions required.
17.12.020 Permit-Required.
17.12.030 Signs requiring Planning Commission review.
17.12.040 Application-Form and contents.
17.12.060 Application-Review criteria.
17.12.070 Sign modification-Authority.
17.12.080 Permit-Issuance by Building Division-Installation information.
17.12.090 Appeals and exceptions.
17.12.100 Inspection requirements.
17.12.110 Surninary of application approval process.
17.12.120 Revocation of sign approval-Authority.
17.12.130 Grounds for revocation.
17.12.140 Hearings-Notice.
17.12.010 Conformity with Provisions Required.
It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless
made to comply with the provisions of this title.
(Ord. 1624, (part), 1993)
17.12.020 Permit-Required.
All signs, which are not exempted by Chapter 17.16, require a sign permit to be
approved by the Director. The Director shall review and submit to the applicant a
decision within thirty calendar days from receiving an application for a sign.
(Ord. 1624, (part), 1993)
17.12.030 Signs Requiring Planning Commission Review.
Electronic readerboard signs and freeway oriented signs shall require approval from
the Planning Commission prior to the Director issuing a sign permit. In regard to these
signs only, the Planning Commission's decision is final unless appealed in accordance
with Section 17.44.080.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
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17.12.040 Application-Form and Contents.
An application for sign approval shall bE: made on a form specifying type, number of
exhibits and filing fees by the Director and :hall be signed by the property owner or a
duly authorized agent. The application shall contain information regarding the size,
color and samples, illumination intensity acid type, materials, number, location, type of
signs, and the location of the business on the site and any other additional information
as maybe deemed necessary by the Director.
(Ord. 1624, (part), 1993)
17.12.060 Application-Review Criteria.
The Director, Design Review Committee or the P1aruling Commission, as the case
may be, shall review the sign application to ensure that the following criteria are met:
A. The proposed sign meets the requirements of this title or any special conditions
imposed in the development by the Planning Commission or City Couiuil.
B. The proposed sign's color and illumination is not in conflict with the safe flow
of traffic on the City streets.
C. The sign is in conformance with the .Design Criteria in Section 17.24.180 of this
Title.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.12.070 Sign Modification-Authority.
The Director, Design Review Committee or Planning Commission, as the case may
be, shall have authority to require modification of the sign to ensure that it meets the
criteria stated in Section 17.12.060.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.12.080 Permit-Issuance by Building Division-Instai,lation information.
Upon approval by the Director, Design Review Committee or Planning Commission,
as the case maybe, the applicant shall obtain a building permit. Additional information
related to the building code maybe required by the Building Official concerning the
installation of the sign.
(Ord. 1987, (part), 2006; Ord. 1624, (part),19'a3)
17.12.090 Appeals and Exceptions.
Applicants who wish to appeal a decision of the Director, the Design Review
Committee or the Planning Commission, or those who wish to apply for an exception,
shall do so under the provisions of Chapters 17.44 and 17.52 of this title.
(Ord. 1987, (part), 2006; Ord. 1624, (part),19!a3)
17.12.100 Inspection Requirements.
A. A person erecting, altering or relocai:ing a sign shall notify the Director upon
completion of the work for which permits hive been issued to ensure that the sign has
been installed as specified.
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B. The Building Inspector or Planner shall have the authority to review the light
intensity of all illuminated signs with the power to require reduction of the light
intensity to ensure that the sign's illumination does not exceed the illumination
standards as regulated by Section 17.24.190.
(Ord. 1624, (part), 1993)
17.12.110 Summary of Application Approval Process.
Appendix A-1, Sign Application Approval Process Flow Chart, summarizes the
application approval process.
(Ord. 1624, (part), 1993)
17.12.120 Revocation of Sign Approval
A. The decision snaking body that originally approved the sign being considered for
revocation shall have the authority to revoke it on the basis of one or more the
following grounds:
1. Fraud or misrepresentation by the applicant with respect to any information
contained in his or her approved application or with respect to any other information
provided by the city.
2. Failure of the applicant to meet or abide by any condition imposed upon
approval.
3. Failure of the applicant.to utilize the approval within one year of its issuance.
4. Abandonment of the sign for a period of thirty days.
(Ord. 1624, (part), 1993)
B. Written notification shall be provided to the applicant of a sign approval being
considered for revocation prior to holding a public hearing.
(Ord. 1624, (part), 1993)
CHAPTER 17.16: EXEMPT SIGNS
Section
17.16.010 Certain signs exempt from permit requirements.
17.16.010 Certain Signs Exempt from Permit Requirements.
The following signs do not require a permit from the City, providing they comply
with the following regulations:
A. Directory Signs. Directories located within the interior of a project, which are
not oriented to a public street;
B. Garage Sale Signs. Garage sale signs subject to the limitations in Section
17.32.020 and Chapter 5.16 of this code;
C. Governmental Signs. Goveriunental signs for control of traffic and other
regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of
public service companies indicating danger and aids to service or safety; sa - ~o
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D. Identification Signs. Identification sib s for a business or profession which are
not illuminated, and which are less than two square feet in area, located on portions of a
building, shopping mall or office complex;
E. Isnformation Sib ns. Informational or directional signs that are located entirely 011
the property to ~vlnich they pertain and are less than four square feet in area. No more
than 33% of the sign area of each sign can be devoted toward business identification of
the business located on the property;
F. Temporary Political Signs. Temporary political sib ns subject to the limitations
in Section 17.32020;
G. Public I~TOtices. Public notices or posters as legally required by a government
agency;
H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs,
subject to the limitations in Section 17.32.030;
I. I~TOn-residential Real Estate Sibns. Non-residential real estate for sale/for
lease/for rent signs subject to the 1unitations in Section 17.32.030;
J. Street Address Numbers. Address numbers in all districts, pro~Tiding they are
not meant as an advertising mechanism;
K. Logos, S~%mbols or Tlnsignias. Logos, symbols or insignias, commemorative
plaques of recobnition and identification emblems of religious orders or historical
agencies, provided that such sibns are placed on or cut into the structure are not
internally illuminated, and do not exceed nine square feet u1 area;
L. ~~~indo~v Signs. ~'~~indo~v signs subject to the limitations in Sections 17.24.090
and 17.32.100. One "OPEN" sign not exceedung t~vo square feet and. of any material
may be placed in a window ~a%ithout penalty towards window coverage limitations;
M. Bus Shelter Signs. Sibns installed in Santa Clara County Transit Agency bus
shelters;
N. Civic Event Sib ns. Civic and/or City-sponsored events signs on City property;
O. State and/or Federal 1\'Iandated Sibns. State and/or federal mandated signs,
including state lottery and certified smog station signs;
P. Pedestrian Oriented Blade Signs. Blade signs that are not internally
illuminated. Such signs shall be less than 6.5 square feet in area and installed at a height
between eight feet and twelve feet above pedestrian walkways.
(Ord. 1987, (part), 2006; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993)
CHAPTER 17.20: PROHIBITED SIGNS
Section
17.20.010 Prohibited signs designated.
17.20.010 Prohibited Signs Designated.
The follota%ing sib ns are not permitted in the City:
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A. Advertising Statuary;
B. Animated Sib Zs. Animated sib zs except for barulers, flags, perulants and
Ualloons permitted on a temporary basis as regulated in Chapter 17.32, and electronic
readerboard signs as permitted n Section 1724.090;
C. Audible Sib Zs. Advertising displays, which emit audible sound, odor or visible
matter;
D. Off-site Signs. Any off-site sign except as may be permitted iz Chapter 17.32;
E. Portable Signs. Portable sib Zs except as may be permitted in Chapter 17.32;
F. Roof Signs. Any permanent roof sib 1;
G. Traffic Conflict Signs. Signs, ~~-hich because of color, wordu1g, design, location
or illumiZation resemble or conflict with any traffic-control device or with the safe and
efficient flo~~~ of traffic;
H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private
property which is visible from a public right-of-~vay%, ~~-hich has affixed to it a sign
which is intended to attract or direct customers to a business on or near the property, is
prohibited. This subsection is not intended to apply to standard advertising or
identification practices ~~~here such advertising displays are panted on or permanently
attached to a business or commercial vehicle, which is actively berg used by the
business unless the vehicle is i1 violation of the parking ordnance (Chapter 19.100 of
the Cupertino Municipal Code).
(Ord. 1624, (part), 1993)
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CHAPTER 17.24: SIGN REGULATIONS
Section
17.24.010 Intent and applicability of provisions.
17.24.020 Sign program
17.24.040 Signs in special planning districts.
17.24.050 Wall signs
17.24.060 Permanent window signs, B:~ade signs & Logos, symbols or insigiv.as
17.24.070 Ground signs
17.24.080 Gasoline station signs
17.24.090 Electronic readerboard sign;, Changeable copy signs, Neon & light-
emittilg diode (LED) signs, Decorative statuary & Beverage container
recyclilg signs
17.24.100 Signs in or near residential c.istricts
17.24.120 Landmark Signs
17.24.170 Freeway orientation.
17.24.180 Design criteria.
17.24.190 Illumination restrictions.
17.24.210 Obstructions prohibited.
17.24.250 Construction and maintenance specifications.
17.24.260 Summary of regulations for signs according to districts.
17.24.010 Intent and Applicability of Provisio~ls.
The regulations in this chapter are intenc'.ed to govern the number, size, location and
design of signs within various land use districts of the City.
(Ord. 1624, (part), 1993)
17.24.020 Sign Program.
A. Applicability. 1. All developments in ~~ commercial, office, industrial, institutional,
or residential district, with four or more tenant spaces on the same parcel, shall adopt a
comprehensive sign program to encourage ~:reativity and ensure high quality in the
design and display of multiple permanent.
2. The adoption of a sign program shall be required at the time of the initial
construction of a ne~v project. Existing devE~lopments in the City, which do not have a
comprehensive sign program, shall be required to adopt one when the first tenant in the
project requests a change of face as defined in this title. Thereafter, all subsequent
changes of face in the project shall be required to conform to the adopted program.
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B. Application Requirements. On any commercial, office or industrial site, or
building requiring a sign program, the owner shall submit to the Director a sign
program application containing the following:
1. An accurate plot plan of the site showing the location of buildings, parking
lots, driveways, and landscaped areas on the lot, at such scale as the Director
may reasonably require;
2. Computation of the proposed maximum total sign area, the proposed
maximum area of individual signs, allowed maximum total sign area, allowed
maximum are of individual signs, the height of signs and the number of freestanding
signs; and
3. Specifications with regard to:
a. Sign type (individual channel letters, wood signs, etc.);
b. Lighting;
c. Location of each sign on the buildings;
d. Materials;
e. Sign proportions;
f. Any other pertinent information as required by the Director.
C. Findings. The Director of Community Development may approve a Sign Program
if the following findings are made:
The Sign Program complies with the purpose of this Chapter.
2. Proposed signs are creative, and are in harmony with the structures they
identify, other signage on the site, and the surrounding development.
3. The Sign Program contains provisions to accommodate future revisions that
maybe required because of changes in use or tenants.
D. Minor modifications to the requirements of this Chapter may be permitted,
provided that the proposed Sign Program meets the following criteria in addition to
17.24.020C:
1. Special circumstances, unique to the site and building locations, exist that
require a modification from the standards in this Chapter.
2. Demonstrates unique design and exhibits a high degree of imagination,
inventiveness, spirit, and thoughtfulness.
3. Provides high quality graphic character through the imaginative use of color,
graphics, proportion, quality materials, scale, and texture.
(Ord. 1624, (part), 1993)
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17.24.040 Signs in Special Planning Districts.
Any business regulated by the Monta Vi;;ta Design Guidelines, Heart of the City
Specific Plan or any area regulated by a spe~~ific plan shall be subject to the sign
regulations contained within those plans. For all sign regulations not addressed in the
Special Planning District plans, the requirerlents of this chapter will apply.
(Ord. 1624, (part), 1993)
17.24.050 -Wall Signs.
Table 17.24.050 sets forth the rules, regulations and processing applicable to wall signs.
17.24.060 -Permanent Window Signs, Blaole Signs & Logos, Symbols or Insignias.
Table 17.24.060 sets forth the rules, regulations and processing applicable to Permanent
Window Signs, Blade Signs & Logos, Symbols or Insignias.
17.24.070 -Ground Signs.
Table 17.24.070 sets forth the rules, regulations and processing applicable to Ground
Signs.
17.24.080 -Gasoline Station Signs.
Table 17.24.080 sets forth the rules, regulations and processing applicable to Gasoline
Station Signs.
17.24.090 -Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible
Neon Signs, Decorative Statuary and Beverage Container Recycling Signs.
Table 17.24.090 sets forth the rules, regulations and processing applicable to Electronic
Readerboard Signs, Changeable Copy Signs,. Exposed & Visible Neon Signs, Decorative
Statuary and Beverage Container Recycling Signs.
17.24.100 -Signs in and near Residential Districts.
Table 17.24.100 sets forth the rules, regulations and processing applicable to Signs in
and near Residential Districts.
17.24.110 -Freeway Orientation.
Table 17.24.110 sets forth the rules, regulations and processing applicable to Freeway
Orientation of Signs. . _
34-15
City of Cupertino Draft (Revised 10/23/09)
Table 17.24.050: Wall Signs
Wall
Signs
w
A
rn
15
Use/ N
b Size Review Review
Zoning um
er Allowed Area & Maximum Location Authority Criteria
Len th Area
• One sign per business with • 1 s.f. per linear ft of • No more than one wall sign per frontage
exterior frontage store frontage on
which sign is located.
• One additional for: • 70% of store • Shall not project above the roof or top of
-Businesses with no ground frontage maximum parapet, tutless it is an integral part of the
sign and adjacent to more face of an architectural projection.
than one street or shopping
center driveway.
-Sign directed to interior of • Length =total Meets
project and not visible from combined length of Design
Commercial any public right-of-way. each row of copy
200 s.f. CDD Criteria
& Iildusti7al -Sin le tenant buildu1 ad
g g p Minimum area = 20 • No projecting wall sign shall extend into in
with more than 5,000 s.f. s.f. a public right-of-way more than twelve Section
inches. Any projecting sign shall have a 17.24.180
vertical clearance of at least fifteen feet
above a private or public vehicular
roadway, alley, driveway or parkiig area,
and at least eight feet above a sidewalk,
pedestrian mall or landscaped area.
• One sign per busness with • 1 s.f. per linear ft of
exterior frontage business frontage on
which sign is located.
• One additional for: • 70% of business Same as above
Office & -Businesses with no ground frontage maximum
Institutional
sign and adjacent to more
40 s.f.
CDD Same as
above
than one street or major
shopping center driveway.
- Sign directed to interior of • Length =total
project and not visible from combined length of
an ublic ri ht-of-wa each row of co
CDD -Community Development Director; PC - Plaruzing Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet
City of Cupertuzo Draft (Revised 10/23/09)
Table 17.24.060: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias
i
A. Permanent
Window Signs
B. Blade Signs
C.. Logos,
Symbols or
Insignia
16
Use/
Zonin Number Maximum Area Location Review Authority Review Criteria
• Considered part of wall
sign area.
• 25% of window surface of
Perimeter neon
All One or more each storefront bay. wmd°w CDD Meets Design Criteria in Section
• Neon window sign = 4 s.f. signage not 17.24.180
allowed.
• One "OPEN" sign less than
two s.f. exem t
All except One on each Between 8 ft
• Illuminated -CDD Shall be pedestrian oriented only
residential frontage up to a
6.5 s.f. and 12 ft above
'Not illuminated - and shall meet Design Review
districts maximum of two. pedestrian Criteria in Section 17.24.180
walkwa s. Exempt
-All exec t
p
Same as Section
Same as Section • Illumuzated -CDD
Shall meet Design Review
raci~ential 9 s.f. • Nnt illi~minatnrl _ ~_~~__.~_ ~_ ~_ _,:_._ ,., n. ,~., ,
I districts I 14.L4.050.
I
I 1%.Z4.05U
I
Exempt ~ \..111C11A ul JCI:LLVII 1/.G't.lOV at lU
I
restrictions in Section 17.24.100
CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet
w
a
City of Cupertino Draft (Revised 10/23/09)
Table 17.24.070: Ground Signs
Ground
Sign
17
Use/
N
b Size Review Review
Zonin
g um
er Allowed Area
Maximum Height Location
Authority
Criteria
& Len th
• Shopping
Center or
multitenant
• One sign if
in;nimum 100 ft • One s.f. per
four linear ft of
• Eight ft. • Corner property: Sign has to be located on
' commercial
development
street frontage.- street frontage street frontage with the site
s address. with a center
name shall
emphasize that
name
• Two si ns if 500
g
Maximum • Every ground sign shall be located wholly • Shall meet
Design Criteria
ft street frontage Area =100 s.f. on the property for the use which the sign is in Section
advertising is located on.
17.24.180
• V-shaped 'Street address
and signs with numbers or range
All non-
more than two of numbers for
businesses shall be
• No portion of any ground sign shall be
residential - faces: Area of clearly identified located closer than one foot from the public CDD
areas all faces of sign in numbers not right-of-way.
= Total Sign less than 5 inches
Area.
in height.
• Double faced
signs: Area of • No portion of any sign over three feet in
larger face of height shall be located witlvn a corner
sign =Total triangle or sidewalk site triangle. (See
Sign Area. Appendix A-4, A-5 & A-6)
• Maximum • Signs on interior lots < 200 ft of frontage
number of shall be located withal the center 50% of the
tenants on sign lot frontage. Interior lots > 200 ft of frontage
i shall locate ground signs no closer than 50 ft
x
=s from a side property line. (See Appendix A-7)
• No ground sign shall be located closer than
one hundred feet from any other ground sign
on the same property.
CDD - Commi,uuty Development Director; PC - P1aruling Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet
City of Cupertino Draft (Revised 10/23/09)
Table 17.24.080: Gasoline Station Signs
18
Type of Sign Number Size, Maximum Area Location Review Review Criteria
and Allowable Area Authority
A. Wall Sign Same as Section 17.24.050 Same as Section 17.24.050 Same as Section
17.24.050 CDD • Meets Design Criteria in Section 17.24.180
B. Ground
Si 1 ground sign regardless of
f
t Same as Section 17.24.070 Same as Section CDD • Meets Design Criteria in Section 17.24.180
gn ron
a e 17.24.070
C. Fuel Price Fuel price sign to be
incorporated into the design of Computes toward
Allowable Ground Sign
See above
CDD
' Is incorporated into the design of the
Ground Sign
the ground sign
Area ound si n
~ g
• Letter size of price display on fuel price
sign shall not exceed minimum specifications
contained u1 Section 13532 of the California
Business and Professions Code
• Meets Design Criteria in Section 17.24.180
If service station is not
identified on ground sign, u1
Number of product prices Attached to the wall
D. Fuel Price addition to any wall sign
on fuel price sign not to of the building
CDD
• Same as above
Wall Sign allowed to the service station exceed eight per face. facutg the public
per Section 17.24.050, a second street
fuel rice si is allowed.
CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee
City of Cupertiio Draft (Revised 10/23/09)
19
Table 17.24.090: Electronic Readerboard Signs, Changeable Copy Signs,Exposed or visible Neon Signs, Decorative Statuary & Beverage Container Recycling Signs
A. Electronic
Readerboard
Signs
B. Changeable
Copy Signs
C. Exposed or
visible Neon
D. Decorative
Statuary
E. Beverage
Container
Recycling
w
A
N
O
Size &
Use/ Zonin ~ Number Hei ht Location Review Authori Review Criteria
One sign for centers with 20 • No closer than
tenants or more & 50,000 s.f. 500 ft from any • Background of electronic readerboard
of gross floor area Same as residential district will be the same color as the primary
Commercial ~ Section on the same street PC background. If not practical, then a color
17.24.070 as the sign. that is complimentary to the back groiuld
• Same as Section color shall be used.
17.24.070
Included • Deemed necessary to the type of
in total merchandising of that business. Shall
Conunercial N/A allowable N/A CDD consist of permanent sign and symbols or
wall sign letters made of High quality & durable
area. materials.
Shall meet Illumination Restrictions in
All N/A N/A N/A DRC Section 17.24.190
• If Decorative • In conjunction with the overall
Statuary -DRC architectural design of the building, the
• If DRC landscaping scheme and the sign
All except determines it is program for the business.
residential N/A N/A N/A Fine Art, it may
districts
refer to another
COTTinllsSloll
• If not publicly
visible, then
exem t
• Dealer subject to provisions of
• Wall signs - as allowed by California Beverage Container Recycling
Section 17.24.050 and Litter Reduction Act of 1986.
• Ground signs - as allowed
by Section 17.24.070
Where
10 s
f. ~ • Sign should contain information
allowed .
i N/A N/A concerning a certified recycling center as
.One building mounted max
mum described i1 Sections 14570 & 14571 of
sign Public Resources Code.
• Certified Redemption Center sign -
subject to limitations and review
. procedure of zoning district where it is
located.
r'DD -Community Development Director; PC -Planning Comnlissi~~~ DRC -Design Review Comnuttee; S.f. =square feet; ft =feet
City of Cupertino Draft (Revised 10/23/09)
Table 17.24.100: Signs in and near Residential Districts
20
Use/ Number Size
Location Review
Review Criteria
Zoning Authority
Area Hei ht
g
• Wall Sign - • Wall Sign - ' No internally illuminated
• Wall Sign -Same as Same as Section Same as Section sign permitted within 100 ft
A. Signs near All except Section 17.24.050 17.24.050 17.24.050 from any residential • Shall meet design
Residential Districts residential • Ground Sign -Same as • Ground Sign - • Ground Sign - districts except if the sign CDD criteria specified in
Section 17.24.070 Same as Section Same as Section face is mounted so it is not Section 17.24.180
17.24.070 17.24.070 visible to any residence
within 100 ft of the si n.
B. Name plates,
streets or Unit Residential One or more 2 s.f. or less N/A N/A CDD
numbers
• One sign for ulterior
• If one sign allowed, at • Shall contain only
lot
major entry. name and address
C. Development
Residential
32 s.f.
5 ft
CDD of development.
Identification Signs
• Two signs for corner
• If two allowed, one on • Shall meet design
development
each street front. criteria specified in
c,,,.,.:,,., , ~ ~n , sin
CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; S.f. =square feet; ft =feet
Table 17.24.110: Freeway Orientation
A. Wall Signs
C. On-site
temvorarv signs
A
B. FrNestanding
Signs'
Areas Number Si n Size Location A roval Authorit Review Criteria
• Oriented to regular street • Applies to all signs within 660 ft of
• 1 per business/ system adjoining the property "landscaped freeway" measured from edge of
Commercial,
tenant in a building rather than exclusively visible right-vf-way
Industrial &
occupied by two or See Section Building from the freeway -CDD
Office
more tenants. 17.24.050 mounted • Freeway Orientation - PC • Signs not exempted or excluded by Section
• Maximum two. 5272 of the State of California Business and
Professions Code shall be regulated by the
"Advertisers" d1a ter of that code.
Commercial,
Industrial &
Subject to Section Subject to
Section
Building
Limited time period subject to
Subject to Section 17.32.030
Office 17.32.030 17.32.030 motuzted Section 17.32.030 -CDD
Commercial,
Industrial & Not Allowed
Office
CDD = Communty Development Director; PC =Planning Conunission
City of Cupertino Draft (Revised 10/23/09)
17.24.120 Landmark Signs.
21
Existing ground signs that have been designated by the City as Landmark Signs (see
Appendix A-8: Landmark Signs) are exempt from the Nonconforming Sign regulations
in Section 17.52.020.
A. Such signs maybe structurally reinforced or rebuilt, after damage or destruction,
to its original design and specifications.
B. Minor modifications to such signs maybe allov~Ted such that they do not distract
from or alter the unique architectural style of the sign, with a Director's Minor
Modification.
17.24.180 Design Criteria.
Although the aesthetic appearance of signs is subjective, the City recognizes that
certain basic design guidelines are needed in order to maintain the City's high quality
appearance. The following criteria shall be incorporated into the design of signs.
A. Ground signs shall be either housed in a frame or set onto a base, presenting a
solid, attractive, well-proportioned and balanced appearance. The size and shape of the
frame or base shall be proportionate to the size and ti~eight of the sign. Low signs are
generally more appropriate on a base, whereas taller signs are generally more
appropriate in a frame. (See Appendix A-3, Examples of Well Proportioned Signs,
Examples of Signs Not Well Proportioned, on file u1 the City Clerk and the Planning
Department, for examples.)
B. Ground signs shall be located within a landscaped area proportionate to the
size of the sign. Appropriate landscaping should be placed at the base of the sign.
C. All signs shall be architecturally compatible and in harmony with the building
with which it is principally associated, by incorporating its colors, materials, shape and
design. The sign shall also be compatible with the aesthetic character of the
surrounding developments and neighborhood.
D. Background panels for multi-tenant ground signs should be harmonious in
muted colors.
E. Sign copy shall be simple and concise, without excessive description of services
or products.
F. Internally illuminated signs shall not have a directly visible light source.
G. The sign's color and illumination shall not produce distraction to motorists or
nearby residents.
(Ord. 1624, (part), 1993)
17.24.190 Illumination Restrictions.
A. The intensity of illumination for signs located within the commercial, office and
industrial districts shall not exceed approximately two hundred fifty foot-lamberts. All
other districts shall not exceed approximately one hundred foot-lamberts. The foot-
34 - 22
City of Cupertino Draft (Revised 10/23/09)
22
lambert readings shall be used as a guide by staff to evaluate signs that are deemed a
problem to passing motorists or residents in the surrounding neighborhood.
B. The color and thickness of the sign panels as well as the brightness of the bulbs
used to illuminate the sign shall be designed in such a manner as to avoid excessive
illumination and glare.
C. Illuminated signs which are not a necessary part of the security lighting system
for a business shall be turned off at 11:00 p.m. or within two hours after the business is
closed, whichever is the later time.
D. A11 exterior lighting shall be placed in a manner so that the light source will not
be seen from off tine site.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.24.210 Obstructions Prohibited.
No signs or other advertising structure shall be erected, relocated or maintained so as
to prevent free ingress to or egress from any door, windov~=, fire escape, driveway,
sides=alk or bike path.
(Ord. 1624, (part), 1993)
17.24.250 Construction and Maintenance Specifications.
A. All signs shall conform to the building and wind load requirements of the
Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of tlne
Cupertino Municipal Code.
B. All signs with. internal illumination shall be constructed of noncombustible
materials, be approved by Under~n=ricers Laboratory (UL), U.S. Bureau of Standards, or
other similar institution of recob sized standing, and be maintained in satisfactory
condition or be immediately repaired or replaced.
C. All electrical, gas or other utility service and other pertinent fixtures shall be
placed underground.
D. Guy wires or cable supports used to brace the sign shall not be visible to the
observer.
E. No sign shall be suspended by chains or other devices that will allow the sign to
swing due to wind causing wear on supporting members.
F. All signs shall be maintained in safe, unbroken, and structurally sound manner,
including the replacement or repair of any defective parts, painting, cleaning and any
other ~~=ork necessary to maintain the sign and any landscape planter associated ~~=ith
the sign.
(Ord. 1624, (part), 1993)
34-23
Cite of Cupertino Draft (Revised 10/23/09) 23
CHAPTER 17.32: TEMPORARY SIGNS--
REGULATIONS
Section
17.32.010 Temporary signs-Location.
17.32.020 Flags.
17.32.030 Garage sale signs.
17.32.00 Temporary political signs.
17.32.050 Project aiuzouncement signs.
17.32.060 Residential real estate signs.
17.32.070 Sale, rent or leasing signs.
17.32.080 Subdivision directional signs.
17.32.090 Special event baiuzers, promotional devices and portable sib Zs and
displays.
17.32.100 Window sighs.
17.32.010 Temporary Signs-Location.
A. 1\TO person shall paint, mark, or write on, post, attach or otherwise affix, any
temporary sib z to or upon any:
• public property, sidewalk, crosswalk, curb, curbstone, fence, wall,
• public playground equipment and/or facilities,
• street lamp post, hydrant, tree, shrub, tree stake or guard,
• railroad bridge or crossing,
• pole for electric light or po~~~er or telephone or telegraph (or other
communication service) or upon any fixture of the fire alarm or police telegraph
system or upon a lighting system,
• public bridge,
• drinking fountain,
• street sign, traffic sign,
• traffic control pole or cabinet,
• utility transformer vaults, or
• Any other building, structure or device permanently affixed on public property.
B. No temporary sign shall be placed, posted or other~~=ise affixed i11 the public
right-of-~vay, except as provided isz this section. The public right-of-~~-ay generally
includes the median, street, gutter, curb, sidewalk and landscaped strip on public
34 - 24
City of Cupertino Draft (Revised 10/23/09)
property. Temporary signs may only be located iz the public right-of-~vay of a
residential or institutional district, as defined iz this Title.
C. Unless otherwise provided for i1 this chapter, all temporary signs, whether or
not located in the public right-of-way shall meet the following:
7~
Use/ Size
Zoning
Maximum
Maximum Time
Period
Location
Review Criteria
Area Height
• Shall not be located on the ~
street or on street medians.
• Shall not be located on
private property without oral . Tr~~o sides
or written consent of the maximum
owner or person entitled to
possession of said propert}~.
Except • Shall maintain 36 inches of
Political clear and continuous ~a~idth
4 s
f
per
Signs, all
along a sidewalk or path~~~a~r . Steal] not be
ill
i
d
All .
.
side 3 ft. slgIls I1lUSt plus any other area needed um
nate
.
be for handicapped accessibility.
removed + All parts of the sign shall be • Shall not restrict in
at sunset, set back minimum 18 itches an}, way the safe
from the face of the curb or vision of any
from the edge of the street, vehicular or
bicycle or vehicle travel lane, pedestrian traffic or
whichever is the greatest obstruct any
distance from the edge of the directional or safety
street, bicycle or vehicle signs permitted by
travel lane. the Citv.
D. Persons ~vho place temporary signs i1 public rights-of-~a~ay are encouraged to
notify and seek concurrence of adjacent property owner(s) and resident(s) before
placing temporary sighs.
E. The provisions of Section 17.32.OlOB, C and D shall not be applicable to the
following:
1. The maintenance of signs affv;ed or painted upon public or private motor
vehicles;
2. The maintenance of sighs affixed to Santa Clara County Transit District bus
shelters;
3. The maintenance of baiulers affixed to the top of the city-owned stanchions
located at a site over Stevens Creek Boulevard between t^~olfe Road and Portal Avenue;
4. The maintenance of baiuzers affixed to the top of the city-owned light poles
located over Stevens Creek and De ArlZ.a Boulevards; and
~. The maintenance of hazard markers or emergency signs.
(Ord. 1926, ~ 1 (part), 2004; Ord. 1796, (part), 199; Ord. 17~~, (part), 1997; Ord. 1624,
(part), 1993)
34 - 25
City of Cupertino Draft (Revised 10/23/09) 25
Section 17.32.020 -Flags, Garage Sales, Temporary Political Signs and Subdivision
Signs
Table 17.32.020 sets forth the rules, regulations and processing applicable to Flags,
Garage Sales, Temporary Political Signs and Subdivision Signs.
Section 17.32.030 -Real Estate Signs and Project Announcement Signs
Table 17.32.030 sets forth the rules, regulations and processing applicable to Residential
and Non-residential Real Estate Sib sand Project Announcement Signs.
34-26
City of Cuperlt~lo Dralt (Revised 10/23/09)
'Cable 17.32.020: Flags, Garage Sales, Temporary Political Signs and Subdivision Signs
2h
Size
Information
Use/ Zoning Number Maxinnun Maximum 7inte Period Contained Review Criteria
Area 1-Iei ht
Number
No more • 'f'wo weeks [or • In conjunction with a grand opening or
subject to
than 20 ft each special event special promotional activity.
Commercial
approval by N/A
above • Shall be removed. N//1 • Meets Requirements with regard to
CDD ground within 5 days after Special 1?vent I3anners, Promotional
A. Flags _ s ~ecial event Dcviccs, Portable Si *ns and Dis la s
Two flag poles 4 s.l.
Kesidential for each model No more Salve as One year N/!1 N//\
home of a new dlan 2 above
devclo Anent sides
• Must be a bonafidc garage sale activity as
l3. Calagc Residential Onc oil sttc
'
' 3 s.t. 6 ll Length of sale N//~ dcfuud ul Chapter 5.7~ of Mlulicipal Code
Sales I
hrce off-site •Off-site signage subject to Section
17.32.010
• U11t11 5 days ilftel' • No permit required.
clcctiull. • Subject to cequircmcnts of Section
7.7.32010
C' ~ :,'f. if the Director of Public Works finds that
Temporary /111 No limit No nlorc N/n • If not rcnlovcd N/n
a sign ol.herwisc permitted, is an unmediate
Political than 2 Wlthlll tittle limit,
SigI1S
s1deS
city may I'Cll1OVe pel'll Or Ill(`Ilace t0 pCdestl'IAII Ol' Vehicle
signs subject to traffic, he or she may cause. it to be removed
Chapter 17.52. sununaril)~ 1~ursuanl tv Section 77.52.0400
• One year or until • Shall Inect I'cgUlrUlllents O1 SC:Ctloll
all UI11tS al'e sold,
D11•ect 17.32.070 and pcrmil issued by CDD.
\NhIC11CVC1' 15
CUS(Olllel's • np(-~llcatlOn Shall 1nC1LIdC a 1151 of all Othcl"
D. Non-
'
' 32 s.f. per sooner.
along the most such signs including sign area and street
Subdivision
residential hrcc
I
face. 6 ft
direct route loc-anon.
signs • l;xlcnsions ]nay through the • Subdivisions not ill Cupertino shall not be
be granted. permitted such signs.
city.
• 1 WO slgil faces maXlmUin.
Ca • ~~U~~ sha ~l`d 514~nti ~rOlllblled.
~ CDI~ _ C'onununity Developnx?nt Director; S.f. = square feet; ft = Iect
City of Cupcrtilo Drat (Revised 10/23/09)
Table 1.7.32.030: Residential Real Lslate, Non-residential Real iJstalc and Nroject Announcement Signs
27
Size
Number Time Period Information Contained Review Criteria
Maximum Maximum
Area Height
• Onc freesl:andilg
sign per slrcet ~ s.f. 6 ft Length of sate N//1 • Subject to rcquircnlents of
frontage. Two signs Section 17.32.010.
nn a X ]_m Ul]l.
• One bUlldlllg
A. Residential 1110Un1CC1 ballllCr -Ill 4 s.f. N/A Sec above N//1 N//~
Real >Jstate lieu of one
frccstvuiin si n.
• O11C OffsitC f01"
4 s.f.
N//1
Kennove at sunset
N//1 • ~LIb1CCt t0 re(1LUrC11le11t5 Of
sale/rent sin Section 17.32.01.0 & on-site si na c
• Six olfsite open
N/A
N/A
Renlovc at sunset • Subject to requirements of
house si ns N/A Section 17.32070
• Length of sale or
~ Nan,c of real estate
• No more than two faces. "V"
• One freestanding 3Z s.f. per tune to lease/rent. agent or owner, acldress, signs prohibited. May not
sign per slrcet
fi1CC. h ft May be installed up
phOlne Iltllll.bC1' and. Otllel'
rCa501lably UbStl'UCt VlSiblllty Of
fl"OlnlagE:. t0 thll'ty days pl'IUI' lU pCl't]7nCilt IIlf01'innatlUll. ally pC'I'illalnent grOUllCI Slgll.
all 'tenant V8c81nC ~
• One building /111owcd only if no freestanding
[3. Non-
mounted banner per
32 s.f. per Same as
Sanne as freestanding
sign placed along that sheet
residential
elevation lacing an
face freestanding
sign Same as freestanding sign
frontage. Location shall meet
Keal Lstate
adjacent public street. sign
requirements of Section 1.7.24.050
• One oflsitc sign per • On private property with
street frontage •
32 s. f. per Sanu~ as
Same as frecstanrlinn
~ approval and consent of properly
M8x1.I1lUlll Of t4VU
f frCCAtd11d1.IlY
~ `
l
rll Same 85 I1"CCSlalldlilg 5lgll CriNilel' OIl W110SC properly Slgll 15
51115 pCl' Off-51tC. ace- Sigll S
i
' tP bC IOCatCCl. 511x11 meet
arcel. rec uirements of Section '17.32.01.0
• One year or until Nantes of project and .New projects under
clll U111tS ill'C sold., owner, address, telephone
C01n5t]'UCtlOll, I11CIUdlllg
C.
• Two freestanding
Combined
whichever is sooner. I1U111bC1' CUI1taCt
subdivisions of 5 or more units.
Pr ject
~
si ns or banners
g
area: C4
6 ft information, leasing/sale
A1Nlouncement
f information, dales of
Sin I11axll11U111 .
s.
• hxtensions may be
anticipated completion
~~i'alltCd, alld it Ilse Uf COllh'ac101'S
involvcil. • I'crmil issued b ~ CUU
CDD -= Community Ucvclopmcnt Dl,..ctor; S.f. -square feel; ft =feet
City of Cupertino Draft (Revised 10/23/09)
28
17.32.090 Special Event Banners, Promotional Devices, and Portable Signs and Displays.
A. General Authorization. Special event banners, promotional devices, and
portable signs and displays are permitted iri all commercial, industrial, office and
institutional zoning districts subject to the i~;suance of a permit by the Director, which
conforms to the provisions of this section.
B. Public objectives.
1. Enhance pedestrian experience, acti~Tity and convenience.
2. Maintain the economic stability of th.e City by enhancing vitality of business.
3. Provide attractive, effective and visible identification reflecting the individual
character of the business.
C. Special event banners. The Director may issue a permit for a Special Event
Banner for each business within the above-described zoning districts under the
following provisions:
1. The banner shall only be displayed f~~r a maximum of 120 days within a 360-day
period.
2. The banner shall be building mounted and have only one face not exceeding one
hundred square feet in area.
3. The banner shall be placed on a building in accordance with the limitations
specified in Section 17.24.050 of this title rel~ited to building clearance and roofline
levels.
4. Unless otherwise determined by the Director, the display of the banner shall be
subject to the tenant schedule for shopping centers as provided i1 Subsection
17.32.090E.
D. Promotional devices. In addition to special event banners described in division
C. above, the Director may issue a permit for a promotional device for each business
jvithin the above-described zoning districts under the following provisions:
1. For advertising a special event for an. existing business, promotional devices
may be displayed for a maximum three-day period, four times within a calendar year.
2. For conducting a grand opening of a new business, promotional devices (other
than search lights, hot air balloons or other extremely large devices as determined by
the Director) may be displayed during the first year of a new business's operations for
the sole purpose of announcing the grand opening of that business.
3. The device shall not displace parkin; or be located in a landscaped front set
back area.
4. The device shall be compatible with ;adjoining uses, particularly residential uses.
5. Tethered balloons used for promotional purposes may not exceed twenty-five
feet above the building where the special event or grand opening is occurring.
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6. Unless otherwise determined by the Director, the display of the device shall be
subject to the tenant schedule for shopping centers as provided in Subsection
17.32.090E.
7. Subject to the approval of the Director and the Public Works Department, a
promotional device may be located within the public right of way based upon the
degree of impact the device will have on traffic circulation as well as upon the
environment of the surrounding uses.
8. Subject to the approval of the Director and the Public Works Department,
traffic/parking directional signs may be used in conjunction with a promotional device
during the period of the special event or grand opening. The number and placement of
traffic/parking directional signs maybe restricted by the Director or the Public Works
Department u1 order to insure adequate sight distances and traffic safety clearance are
maintained as required in Section 17.32.010.
E. Tenant schedule:
Shopping centers with approved electronic readerboard signs shall only be allowed
building mounted banners. Freestanding temporary or special event signs for
individual tenants are not allowed. Special event signs for center-jvide special events
are allowed in accordance with the following schedule:
Number of Tenants Number of Signs
Permitted
20 to 27 tenants --2 center displays
28 tenants or more --4 center displays
F. Portable signs and displays. In addition to special event banners and
,promotional devices described in divisions C. and D. above, the Director may issue a
permit for a portable sign or display for each business location within the above-
described zoning districts under the following provisions:
1. Portable signs and displays may not be located in areas, either on public or
private property, which are used by the public for vehicular or pedestrian traffic or in
other areas, which in the opinion of the Director, are a threat to the public health, safety
or welfare.
2. Portable signs and displays shall not be permanently attached to the ground or a
structure on the premises it is intended to occupy and shall only be displayed during
business hours.
3. Design review criteria. Portable signs and displays shall be appropriately
designed, installed and maintaned with special emphasis on the creative design,
character and quality of color and material (vibrant and vveather~resistant). They shall
be complementary to the building architecture and the operation of the business area
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and shall enhance the overall appearance artd texture of the pedestrian shopping
experience.
4. Specific standards.
Maximum Size 8 s.f
Minimum Hei ht 3 ft
Maximum Hei ht 4 ft
Maximum width 2 ft
Min. setback from street curb 2 ft
Dis la Hours Business hours onl
Min. edestrian ~valk~~a 5 ft
Distance from:
Bus sto zones and/or bus sto furniture 15 ft
Disable arkin zone 4 ft
Must not be: 1. Set in ound
2. Attached to trees, lamp posts, utility poles, street or
traffic si , benches, h drants, or mailboxes
3. Illizulinated
4. Located in an re aired landsca e setback area
S.f. =square feet; ft =feet
5. Modification of specific standards. TJze Director may modify the specific
standards described in division 4. above upon making a finding that special
circumstances unique to the site require the application of a modified standard.
G. Retail tenants larger than 20,000 square feet maybe allowed to have one
additional sign for each entrance to the building, up to a maximum of three signs with a
permit from the Director. One such sign ma~~ be up to six feet tall and twenty-four
square feet in area if the sign face is not oriented to a public right-of-way.
H. Permit procedures. The issuance, modification, revocation, and appeal of any
permit under this section are governed by Chapter 17.12 of this title. Notwithstanding
the above, any appeal of any permit under this section shall be made to the Design
Review Committee.
I. Removal of signs. All banners, devices, signs and displays issued under this
section must be removed not later than five ~~ays after the conclusion of the special
event or grand opening to which they pertain.
J. The city, pursuant to Chapter 17.52 oi= this code, may cause the banners, devices,
sins and displays remaining after expiratio~z or revocation of the above-described five-
day period to be removed.
(Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1926, ~ 1 (part), 2004; Ord. 1796,
(part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993)
17.32.100 Window Signs.
A. Window signs shall be permitted in ,~11 commercial zones.
B. The total area of any window obscured by any combination of permanent ar~~l 31
City of Cupertino Draft (Revised 10/23/09)
31
temporary window signs shall not exceed twenty-five percent of the window surface of
each storefront bay.
C. 1. Signs within a window shall be considered temporary if they remain on the
window for less than thirty days, and shall not be subject to review.
2. Window signs intended to remain on display for more than thirty days shall be
considered permanent window signs as regulated by Section 17.24.090.
(Ord. 1987, (part), 2006; Ord. 1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1624,
(part), 1993)
CHAPTER 17.44: SIGN EXCEPTIONS'
Section
17.44.010 Authority.
17.44.020 Application and fee.
17.44.030 Design Review Committee review required.
17.44.040 Findings for an exception.
17.44.050 Action by Design Review Committee.
17.44.060 Conditions for revocation of exception-Notice required.
17.44.070 Exception deemed null and void ~~Then-Notification required.
17.44.080 Appeals.
17.44.090 Reports to Planning Commission.
Prior ordinance history: Ords. 1624 and 1655.
17.44.010 Authority.
The Design Review Committee may grant a sign exception in accordance with the
provisions of this chapter.
(Ord. 1844, ~ 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998)
17.44.020 Application and Fee.
An application shall be made in writing on a form prescribed by the Director. The
application shall be accompanied by a nonrefundable fee, a letter explaining the
justification for the exception, and appropriate exhibits as deemed necessary by the
Community Development Director.
(Ord. 1789, ~ 1 (part), 1998)
17.44.030 Design Review Committee Review Required.
A. An exception shall be scheduled for review by the Design Review Committee,
not later than thirty days after filing of application, unless the application is deemed
incomplete.
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B. Mailed written notice of the hearing; on the sign exception shall be given by the
Director of Community Development to all owners of record of real property (as shown
in the last assessment roll) which abut the subject property, as well as property and its
abutting properties to the left and right, directly opposite the subject property and
located across a street, way, highway or allE~y. Mailed notice shall include owners of
property whose only contiguity to the subjE~ct site is a single point. Said notice shall be
mailed by first class mail at least ten days prior to the Design Review Committee
meeting in which the application swill be considered. The notice shall state the date,
time and place of the hearing. A descriptio~z of the sign exception shall be included in
the notice. If the Director of Community Development believes the project may have
negative effects beyond the range of the mailed notice, particularly negative effects on
nearby residential areas, the Director, in his/her discretion may expand noticing
beyond the stated requirements.
C. Compliance with the notice provisions set forth in this section shall constitute a
good-faith effort to provide notice, and failure to provide notice, and the failure of any
person to receive notice, shall not prevent the City from proceeding to consider or to
take action with respect to an application under this chapter.
(Ord. 1844, ~ 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998)
17.44.040 Findings for an Exception.
The Design Review Committee may gram an exception based upon all the following
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;
B. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, :>afety, or welfare; and
C. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the milimum variance that will accomplish the
purpose.
(Ord. 1844, ~ 1 (part), 2000; Ord. 1789, ~ 1 (p~~rt),1998)
17.44.050 Action by Design Review Committee.
The decision made by the Design Review Committee is fi1a1 unless appealed in
accordance with Section 17.44.080.
(Ord. 1844, § 1 (part), 2000; Ord. 1789, ~ 1 (p~~rt),1998)
17.44.060 Conditions for Revocation of Exception-Notice Required.
In any case where the conditions or limit~~tions to an exception granted have not been
complied with, the Planning Commission may revoke the exception after notice and
hearing in the same mariner as defined in Section 17.44.030.
(Ord. 1789, ~ 1 (part), 1998)
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17.44.070 Exception Deemed Null and Void When-Notification Required.
In any case where an exception has not been used within one year from the date of
issuance, or if abandoned for a period of thirty days, the exception will automatically
become null and void upon written notice from the Director to the property owner
and/or tenant.
(Ord. 1789, ~ 1 (part), 1998)
17.44.080 Appeals.
Any person aggrieved by a decision of the Design Review Committee may appeal such
a decision in writing to the Planning Commission in accordance with the procedures set
forth in Chapter 19.136, except that the Planning decision shall be fugal.
(Ord. 1987, (part), 2006; Ord. 1844, ~ 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998)
17.44.090 Reports to Planning Commission.
The Director, or designated representative, shall make written reports on all
exceptions granted, denied, or revoked under this chapter. The reports shall be
delivered to the Planning Commission within five calendar days from the date of the
decision.
(Ord. 1844, ~ 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998)
CHAPTER 17.52: COMPLIANCE AND
ENFORCEMENT
Section
17.52.010 Interpretation and enforcement of provisions.
17.52.020 Nonconforming s bans.
17.52.030 Abandoned or discontinued signs.
17.52.040 Illegal signs-Notice required-Summary removal authorized when.
17.52.045 Authority to remove illegal signs in public right-of-way.
17.52.050 Storage of removed signs.
17.52.060 Owner responsible for removal, alteration or relocation costs.
17,52.070 Illegal signs-Deemed public nuisance-Court action authorized.
17.52.080 Violation deemed infraction-Penalty.
17.52.090 Appeals from decisions of the Director.
17.52.010 Interpretation and Enforcement of Provisions.
The Director or his/her designee is empowered to interpret and enforce the
provisions and requirements of this title and to remove or cause to be removed any sign
or other advertising structure which has been constructed, erected, altered, relocated or
maintained in violation of this title. Such pov~~ers include but are not restricted to
provisions and procedures set forth ul the following sections of this chapter. Decisions
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City of Cupertino Draft (Revised 10/23/09) 34
by the Director or his/her designee in relati~~n to this title maybe appealed to the
Planning Commission as set forth in Section.17.52.090.
(Ord. 1624, (part), 1993)
17.52.020 Nonconforming Signs.
A. Any nonconforming sign, except Landmark Signs identified in Section
17.24.110, unless made to conform to the provisions of this title, may not be structurally
altered, expanded, moved, modified in any way, or be reestablished after
1. Discontinuance for 180 days or more; or
2. Damage or destruction by intentional. acts of the owner and/or tenant of the
property of more than fifty percent oi= the sign.
B. Any nonconforming sign which was legally erected in accordance with the
provisions of the ordinance in effect at the time of erection, or v~Thich has a valid permit
fiom the City, shall be permitted to remain iuntil such time as
1. There is a change in the use of the pr~~perty that the sign is located on; or
2. There are alterations or enlargement; to the site or building on the property in
excess of twenty-five percent or morE~ of the existing site or building. The
amount of alterations shall be cumul;~tive over time.
3. At such time as any of the events mentioned in subsections A and B occur, the
sign must be brought into conformar_ce with this title. Any business with a
nonconforming sign, other than a Landmark Sign as identified in Section
17.24.110, shall not be entitled to an additional sign unless the nonconforming
sign is made to comply with the provisions of this title.
(Ord. 1624, (part), 1993)
17.52.030 Abandoned or Discontinued Signs.
Any sign that pertains to a business or oc~,upation which is no longer usvng the
articular si nor ro er '
p gi p _ p ty, or which relates to a time that no longer applies,
prohibi#ed and shall be removed. The structure and copy shall be blanked out or
removed within thirty days after the associai:ed business, occupation or event has
vacated the premises. An abandoned sign is prohibited and the removal shall be the
responsibility of the owner of the sign or the owner of the premises.
(Ord. 1624, (part), 1993)
17.52.040 Illegal Signs-Notice Required-Summary Removal Authorized When.
A. If the Director or his/her designee finds that any sign or other advertising
structure has been constructed, erected, altered, relocated or maintained in violation of
any of the provisions of this title or any other pertinent ordinance of the City, the
Director or his/her designee shall inform thE~ owner and the tenant of the property on
which the sign or structure is located, in writ ing, that the sign or structure must be
removed within ten days of receipt of the notice, or aln application must be made to the
Director for sign approval. Failure to take the required action shall result in a criminal
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City of Cupertino Draft (Revised 10/23/09) 35
or civil sanction as provided by state law or any legal sanction or remedy set forth in
this Code.
B. If the Director or his/her designee finds that any temporary sign or advertising
device is in violation of this title or any other pertinent ordinance of the City, the
Director or his/her designee shall notify the owner of, or tenant using, the sign, in
person or writing, that the sign shall be immediately removed.
C. If the Director or his/her designee finds that any sign or other advertising
structure, whether conforming with the ordinance or not, is an immediate peril or
menace to the public, or to any person, the Director or his/her designee shall cause it to
be summarily removed. Upon removal, the Director or his/her designee shall give
written notice to the owner.
(Ord. 1624, (part), 1993)
17.52.045 Authority to remove illegal signs in public right-of-way.
A. A~.Zy illegal signs in the public right-of-way maybe removed immediately by
the city.
B. No notice shall be required prior to removal of illegal signs, including, without
limitation, temporary signs, in the public right-of-~vay.
C. Any sign removed by the city, except any sign of de minimus value, shall be
held in storage and the owner or other person in control of such sign, if known, shall be
given written notice and twenty days to reclaim such sign.
D. Any illegal sign in the public right-of-way of de minimus value shall be deemed
to be abandoned and maybe destroyed by the city after removal. No opportunity to
reclaim such sign shall be given by the city.
E. For purposes of this section, any sign made of cardboard or other nondurable
material shall be deemed to be of de minimus value.
17.52.050 Storage of Removed Signs.
Any sign removed by the Director or his/her designee, other than those referred to
in Section 17.52.045, shall be stored u1 the City corporation yard and maybe claimed
within t~~venty days after the sign was removed, provided that any cost incurred by the
City has been paid, and that a renewal of the building permit for the sign has been
secured. If sighs are not claimed within twenty days after removal by the City, the City
shall dispose of the signs.
(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993)
17.52.060 Owner Responsible for Removal, Alteration or Relocation Costs.
Any cost incurred by the City in the removal, .alteration or relocation of any sign
pursuant to the provisions of this title or any other pertinent ordinance of the City, shall .
be paid by the owner or person having beneficial enjoyment of the property upon
which such sign is located.
(Ord. 1624, (part), 1993)
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17.52.070 Illegal Signs-Deemed Public Nuisa~lce-Court Action Authorized.
In the event any person should erect, a1tE~r, relocate or maintain a sign in violation of
the provisions of this title, the sign shall be ~~onsidered a public nuisance and the City
Attorney is authorized to bring and prosecute an action in a court of competent
jurisdiction to enjoin such person from continuing such violation. The procedures for
nuisance abatement are contained in Chapter 1.09 of this Municipal Code.
(Ord. 1624, (part), 1993)
17.52.080 Violation Deemed Infraction-Penali:y.
Any person, firm or corporation violatin;; any provisions of this title shall be deemed
guilty of an infraction, and upon conviction thereof, shall be punished in the same
manner as other infractions provided under Chapter 1.12 of this Municipal Code.
(Ord. 1624, (part), 1993)
17.52.090 Appeals from Decisions of the Director.
A. The applicant, aggrieved by a decision of the Director or his/her designee to
order the removal of a sign, may appeal such order or decision to the Planning
Commission in accordance with the procedures set forth in Chapter 19.136, except that
the Planning Commission decision shall be :[-final.
(Ord. 1624, (part), 1993)
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45
INTRODUCED at a regular meeting of the Cupertino City Council this 20~ day of
October, 2009, and ENACTED at a regular meeting of the Cupertino City Council this
day of , 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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