15. Sign Ordinance
CITY Of
CUPEIQ"INO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
Housing Services
SUMMARY
Agenda Item No. 12-
Agenda Date: September 19,2006
Application
Applicant:
MCA-2005-02
City of Cupertino
Application Summary: Amend Title 17 (Signs) of the Cupertino Municipal Code
RECOMMENDATION:
Staff recommends that the City Council approve amendments to Title 17, Signs, based
on the Model Ordinance attached as Exhibit A.
BACKGROUND:
In April of 2005, the Planning Commission included review of the Sign Ordinance, with
respect to possible changes to the temporary sign regulations and the approval
authority for neon signs, as a project in the 2005-2006 Planning Commission Work
Program.
At the June 14, 2005 Planning Commission meeting, the Commission further expressed
interest in conducting an overall review of the Sign Ordinance to determine if other
amendments were needed to provide businesses adequate signage to successfully
advertise their businesses.
As a result, on August 23,2005, the Planning Commission held its first study session to
review possible amendments to the Sign Ordinance. The Commission deferred further
study sessions on the Sign Ordinance from August 23, 2005 to March 28,2006 to allow
for review of the Fence Ordinance. The Planning Commission completed its review of
the Fence Ordinance in February of 2006. The Commission resumed its study sessions
on the Sign Ordinance on March 28,2006 and held subsequent study sessions on April
25, June 27 and August 8.
On August 8,2006, the Planning Commission reviewed the Model Sign Ordinance and
recommended approval of the ordinance with modifications to the City Council on a 3-
o vote (Commissioners Giefer and Chien were absent).
DISCUSSION:
During the Planning Commission study sessions, a number of subjects were discussed in
conjunction with review of the Sign Ordinance, as follows:
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MCA-2005-02
Sign Ordinance, Title 17
September 19, 2006
Page 2
1. Multilingual Signs
Recommendations to incorporate expanded sign area for multilingual signs and
to require English on signs were discontinued after the City Attorney's office
advised that these recommendations should be avoided as they raise
constitutional implications related to the First Amendment's Free Speech Clause.
The reason these recommendations would conflict with the First Amendment's
Free Speech Clause is that they were aimed at regulating signs based on the
language content.
2. Decorative Statuaries (Section 17.24.200)
The Commission concurred with staff's recommendation to streamline the
approval process for decorative statuaries by changing the approval authority
from the Planning Commission to the Design Review Committee (DRC).
Additionally, language is proposed that allows the DRC to refer the review of
decorative statuaries to another commission, i.e., parks and recreation or fine arts
commission, and that clarifies exemption of decorative statuaries from these
requirements when they are not publicly visible.
3. Retrieval Time of Removed Signs (Section 17.52.050)
The Commission recommended that the retrieval time of removed signs be
increased from 30 days to 60 days, allowing owners of signs additional time to
retrieve signs removed by the City. Additionally, language is added to allow the
City to dispose of signs that are not claimed within 60 days after removal. The
Commission recommends this change per the Code Enforcement Division's
request to clarify the retrieval time for removed signs and to allow Code
Enforcement to dispose of these signs after the retrieval time period has lapsed.
4. Logo Signs (Section 17.16.010(K)
The Commission-concurred with staff's recommendation to add "Logos" to the
"Symbols or Insignias" definition and to increase the maximum sign area of logos,
symbols and insignias considered "exempt" from 4 square feet to 9 square feet.
Staff recommended this change to streamline the approval process, allowing
larger logo signs that could be approved at staff level and also to reduce the
number' of logo signs that will require Design Review Committee approval
through a sign exception.
5. Morion Logo (Section 17.04.020( C) (7)
The Commission recommended adding language to the ordinance encouraging
the use of the City's morion logo on City-sponsored, City street and City
directional signs. Language has been incorporated to address this
recommendation in the General Provisions section of the Sign Ordinance (Chapter
17.04). The morion logo is currently found on the City Limit signs throughout
Cupertino. Additionally, the General Plan requires the morion logo on new street
signs at major intersections when replacement is required.
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MCA-2005-02
Sign Ordinance, Title 17
September 19, 2006
Page 3
6. Additional Ground Signs (Section 17.24.100)
The Commission disregarded its previous consideration to increase the maximum
allowable number of ground signs per site and recommended maintaining the
current requirements. Therefore, no changes are recommended.
7. Additional Ground Sign Height (Section 17.24.110)
The Commission discontinued its previous consideration to increase the
maximum allowable ground sign height from 8 feet to 10 feet and recommended
maintaining the current requirements. However, the Commission asked that
language be incorporated into this section clarifying that legally existing non-
conforming signs over 8 feet in height be permitted to remain until such time they
are required to be altered per Section 17.52.020. This language has been added to
Section 17.24.110.
8. Temporary and Special Event Signs (Section 17.32.090)
The Commission removed draft language proposed by staff that would require
portable temporary freestanding signs, such as "A" frame signs, to be set back a
minimum of 10 feet from sidewalks and driveways to prevent possible safety
hazards. The Code Enforcement Division presented the results of a survey they
conducted to see if there were any documented cases of such signs creating
hazards and to see how many signs would currently be affected by this setback.
The Code Enforcement Division indicated that there have not been any
documented cases of such signs creating hazards and that a high percentage of
existing" A" frame signs would be affected if this setback were implemented. As a
result, the Commission recommended removing the draft language proposed by
staff and maintaining the current language pertaining to portable freestanding
SIgnS.
Additionally, the Commission concurred with staff's recommendation to delete
the requirement that a temporary event sign can only be displayed up to 30 days
at anyone time and that a two-week break is required before the sign can again be
displayed. This change will allow a business to display a temporary event sign
up to 120 calendar days a year without having to remove it after 30 days.
9. Definition of Animated Sign (Section 17.08.010)
The Commission concurred with staff's recommendation to include "blowing or
air-powered attractions" as "Animated signs." The basis for defining these types
of signs as animated signs is to prohibit them as they are considered distractions
that may create traffic hazards.
10. Definition of Wall Sign (Section 17.08.010)
The Commission concurred with staff's recommendation to clarify that "wall
sign" means any sign that is attached, erected or painted on a structure attached
to a building, or a canopy structure, in addition to the exterior of a building. Staff
recommended this change to ensure that these types of signs are covered under
the" wall sign" definition and are, therefore, subject to the City's Sign Ordinance
regulations.
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MCA-2005-02
Sign Ordinance, Title 17
September 19, 2006
Page 4
11. Wall Signs (Sections 17.24.060 and 17.24.070)
The Commission recommended that wall sign area for commercial, industrial,
office and institutional districts be increased where a double row of copy is
proposed on signs. The rationale for this recommendation is to allow for
additional lettering height, where architecturally compatible with the building, on
signs with a double rows of copy, so that signs can be sufficiently seen. The
current ordinance limits sign height regardless of whether there is a single or
double row of sign copy. Additionally, this recommendation would streamline
the approval process for such signs by changing the approval authority to staff
and eliminating the need for a sign exception and approval by the Design Review
Committee.
12. Exempt Signs (Chapter 17.16)
The Commission concurred with staff's recommendation to include definitions for
"Civic Event Signs" and "State and/or Federal Mandated Signs." Civic event
signs include civic and/ or City-sponsored event signs on City property. State
and/ or federal mandated signs include such signs as state lottery and smog
station signs.
13. Neon Signs (Section 17.24.090 and Section 17.24.190)
The Commission recommended changing the approval authority of neon signs
from the Planning Commission to the Design Review Committee to streamline the
review and approval process for neon signs. Additionally, language has been
added to Section 17.24.090 prohibiting neon lighting as a border on a window or
storefront.
Additionally, section 17.24.190 has been modified to clarify that neon SIgnS,
whether exposed or visible through any sign face, require DRC approval.
14. Administrative Procedures (Chapter 17.12)
In conjunction with the Commission's recommendations to streamline the
approval processes for certain signs, the Commission recommended removing the
Planning Commission as the approval authority for decorative statuaries and
exposed neon lighting and adding the Design Review Committee as an approval
authority.
15. Sign Exceptions (Section 17.44.080)
Per the Commission's recommendation, the approval authority and process for
appeals have been clarified and indicates that appeals of the Design Review
Committee be reviewed and approved by the Planning Commission as the final
decision-maker of sign exception appeals.
16. Window Signs (Section 17.32.100)
The Commission recommended language to prohibit cluttering of windows by
window signs on commercial businesses. As a result, staff recommended
language clarifying that temporary window signs not exceed 25% of the surface
"of each window pane," and the Commission concurred with this language.
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MCA-2005-02
Sign Ordinance, Title 17
September 19, 2006
Page 5
In addition to the above referenced items, the Model Sign Ordinance also includes
corrections to grammatical and spelling errors that are part of the recommended changes
by the Commission. The proposed text as recommended for approval by the Planning
Commission is underlined. The deleted text is struck through.
Prepared by: Aki Honda, Senior Planner
Approved by:
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David W. Knapp
City Manager
Steve Piasecki
Director of Community Development
Attachments
Exhibit A: Model Ordinance
Exhibit B: Planning Commission Resolution No. 6407 (exhibit A for this resolution has
been omitted as the recommended changes have been included in the new Model
Ordinance)
Exhibit C: Minutes of August 8, 2006 Planning Commission meeting
Exhibit D: Planning Commission Staff Report of August 8,2006
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Proposed text is underlined. Deleted text is struck throuqh.
ORDINANCE NO.
Exhibit A
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING CHAPTER 17 OF THE
CUPERTINO MUNICIPAL CODE RELATED TO REGULATIONS AFFECTING SIGNS
THE CITY COUNCil OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOllOWS:
Title 17 of the Municipal Code of Cupertino is hereby 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.
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CHAPTER 17.04: GENERAL PROVISIONS
Section
17.04.01 0 Short title.
17.04.020 Purpose and intent.
17.04.030 Savings clause.
17.04.010 Short Title.
Ordinance 1624, codified in Chapters 17.04 through 17.54 of this title, shall hereafter
be known and cited as the "sign ordinance." (Ord. 1624, (part), 1993)
17.04.020 Purpose and Intent.
A. The City of Cupertino is a suburban community interested in providing a
mixture of commercial, industrial and residential land uses which reside together. The
general welfare of the citizens as well as the economic stability ofthe City is dependent
on maintaining a peaceful coexistence between the various uses. The purpose of the sign
ordinance is to identify and enhance businesses while maintaining the aesthetic
appearance of the City.
B. A sign is recognized as a vital ingredient in the free trade process upon which the
City is dependent. 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. The goal is to create a visual environment that will:
1. Enhance the effectiveness of the signs;
2. Provide for the necessary competition;
3. Insure the public safety;
4. Increase the convenience of the citizen; and
5. Maintain the identification and individual character of each business.
C. With these goals in mind, the City has adopted this title, which is intended to:
1. Provide architectural and aesthetic harmony of signs as they relate to building
design and surrounding landscaping;
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2. Provide regulations of sign size, height 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 with 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.
7. Encourage the use ofthe City's marion logo on City-sponsored, City street and
City directional signs. (Ord. 1624.,jm1rt), 1(93)
17.04.030 Savings Clause.
The changes provided for in Ordinance 1755 shall not affect any offense or act
committed or done or any penalty or forfeiture incurred or any right established or
accruing before the effective date of Ordinance 1755; nor shall it affect any prosecution,
suit or proceeding pending or any judgment rendered prior to the effective date of
Ordinance 1755, Apri121, 1997. (Ord. 1755, (part), 1997)
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CHAPTER 17.08: DEFINITIONS
Section
17.08.01 0 Definitions.
17.08.010 Definitions.
"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 change 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 wfti€lt 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 advertising display consisting of fabric, canvas, plastic
or paper material which is attached to a building, vehicle, pole or other form of support.
"Building frontage" means the length or the surface of the building wall which faces,
and is visible to the general public from, a public right-of-way.
"Changeable copy sign" means any sign, or portion thereof, which provides for each
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.
"Comer lot" means a lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street lines.
"Comer triangle" means a triangular-shaped area ofland adjacent to an intersection of
public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2
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and 7-4. Unobstructed views over these areas are essential to the public safety for
bicyclists, motorists and pedestrians. (See Appendix A-5, Cupertino Standard Detail 7-2;
Comer Triangle--Controlled Intersections, and A-6, Cupertino Standard Detail 7-4;
Comer Triangle-- Uncontrolled Intersections, both on file in the office of the City Clerk
and the Planning Department, 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.
"Directional sign" means any sign which 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.
"Electronic readerboard sign" means an electronic sign intended for a periodically-
changing advertising 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.
"Flag lot" means a lot having access to a street by means of a driveway or parcel of
land not otherwise meeting the requirements of Title 19 of the Cupertino Municipal Code
for lot width.
"Foot-lambert" means a unit measurement of the brightness oflight transmitted
through or reflected from an object or surface.
"Freeway" means any public roadway so designated by the State of California. All
freeways in the City are considered "landscaped freeways."
"Freeway oriented sign" means any sign which 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 which 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.
"Identification sign" means any sign whose 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 with the provisions of this title in effect at the
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time of the erection ofthe sign or advertising statuary or which 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 which 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 hazardous 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 designation of the general plan.
"Interior lot" means a lot other than a corner lot.
"Nonconforming sign" means any sign or advertising statuary that wfficlt was legally
erected and had obtained a valid permit in conformance with the ordinance in effect at the
time of the erection of the sign but which became nonconforming due to the adoption of
the ordinance codified in this title.
"Obsolete sign" means any sign that wlH€-h displays 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 ofthe business or entity
indicated or advertised by the sign. This definition shall include billboards, poster panels,
painted bulletins and other similar advertising displays.
"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 wfl.i€fi encourages a particular vote in a
scheduled election and is posted prior to the scheduled election.
"Portable sign" means any sign not permanently attached to the ground or a structure
on the premises it is intended to occupy. This definition shall not include A- frame signs,
sandwich signs and any other advertising structure so defined.
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"Project announcement sign" means any temporary sign that w-f:ri.€.H. 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 wfl.iffi is attached to and
projects from a structure or building face or wall.
"Real estate sign" means a temporary sign indicating that a particular premises is for
sale, lease or rent.
"Residential district" means the RI, RHS, R2, R3, RI C, 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-7, Cupertino Standard Detail; Sidewalk Site Triangle
(Sidewalk Clearance at Driveway), on file in the office of the City Clerk and the Planning
Department.)
"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
identify the purpose of a person or entity, to communicate information of any kind to the
public.
"Sign Area." The sign area of an individually lettered sign without background is
measured by enclosing the entire sign with a set of parallel vertical and horizontal lines.
The sign area of a sign with borders and/or background is measured by a single
continuous perimeter enclosing the exterior limits of the border or background. The
necessary supports and uprights, or the base 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 may be computed separately.
"Site" means a piece ofland as shown on a subdivision map, record of survey map or
assessor's parcel map, which constitutes one development site and which may be
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.
"Street address sign" means any sign that wllie-h displays only the street address
number(s) of the site and, at the option of the property owner, the street name.
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"Street frontage" means the length of a site along or fronting on a street or other
principal thoroughfare, but does not include such length along an alley, watercourse,
railroad right-of-way or limited access roadway or freeway.
"Temporary sign" means any sign displayed for infrequent and limited time periods.
"Trim" means the molding, battens, cappings, 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, "operable" shall be defined as having a valid license plate.
"Wall sign" means any sign that wA:i€fl is attached, 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.
"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 wffi€.h is clearly intended to be visible from an adjacent street. (Ord.
1624, (part), 1993)
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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.
17.12.050 Application-For new development-Timing.
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 Summary 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.
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Electronic readerboard signs and,. freeway oriented signs,--de€BFat-i-ve--statuury and
exposed neon li;htin; used in "vall or ground Si.s'11S shall require approval from the
Planning Commission prior to the Director issuing a sign permit. Permitted neon window
signs do not require Planning Commission approval. In regard to these signs only, the
Planning Commission's decision is final unless appealed in accordance with Section
17.44.080. The Planning Commission shall use the criteria as established in Sections
17.24.150, 17.24.170, 17.24.190, and 17.24.200 for review of those signs. (Ord. 1624,
(part), 1993)
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 shall be signed by the property owner or a
duly authorized agent. The application shall contain information regarding the size, color
and samples, illumination intensity and type, materials, number, location, type of signs,
and the location of the business on the site and any other additional information as may
be deemed necessary by the Director. (Ord. 1624, (part), 1993)
17.12.050 Application-For New Development-Timing.
The application for sign approval or a conceptual sign program for a new development
shall be made in conjunction with the review of the use permit for the entire project in
order that the design ofthe signs be taken into consideration at the time of architectural
and site planning. (Ord. 1624, (part), 1993)
17.12.060 Application-Review Criteria.
The Director. Design Review Committee or the Planning Commission, as the case
may be, shall review the sign application to ensure:
A. That the proposed sign meets the requirements ofthis title or any special
conditions imposed in the development by the Planning Commission, or City Council;
and
B. That the proposed sign's color and illumination is not in conflict with the safe
flow of traffic on the City streets. (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. 1624, (part), 1993)
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17.12.080 Permit-Issuance by Building Division-Installation information.
Upon approval by the Director. Design Review Committee or Planning Commission,
as the case may be, the applicant shall obtain a building permit. Additional information
related to the building code may be required by the Building Official concerning the
installation of the sign. (Ord. 1624, (part), 1993)
17.12.090 Appeals and Exceptions.
Those applicants who wish to appeal a decision by the Director, a decision ofthe
Design Review Committee or a decision of the Planning Commission or who wish to
apply for an exception shall do so under the provisions of Chapters 17.44 and 17.52 of
this title. (Ord. 1624, (part), 1993)
17.12.100 Inspection Requirements.
A. A person erecting, altering or relocating a sign shall notify the Director upon
completion of the work for which permits have been issued to ensure that the sign has
been installed as specified.
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)
17.12.11 0 Summary of Application Approval Process.
Appendix A-I, Sign Application Approval Process Flow Chart, on file in the office of
the City Clerk and the Planning Department, summarizes the application approval
process. (Ord. 1624, (part), 1993)
17.12.120 Revocation of Sign Approval-Authority.
The Director has the authority to revoke any sign approval originally issued by
hirn/her. The Planning Commission has the authority to revoke any sign approval issued
by it. (Ord. 1624, (part), 1993)
17.12.130 Grounds for Revocation.
Any sign approval may be revoked on the basis of one or more the following grounds:
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A. 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.
B. Failure ofthe applicant to meet or abide by any condition imposed upon
approval.
C. Failure of the applicant to utilize the approval within one year of its issuance.
D. Abandonment of the sign for a period of thirty days. (Ord. 1624, (part), 1993)
17.12.140 Hearings-Notice.
Prior to revocation, the Director or the Planning Commission, as the case may be,
shall hold hearings after written notice is provided to the applicant. (Grd. 1624, (part),
1993 )
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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
17.32.030 and Chapter 5.16 of this code;
C. Governmental Signs. Governmental 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;
D. Identification Signs. Identification signs 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. Information Signs. Informational or directional signs which are located entirely
on the property to which they pertain, do not advertise a particular business, and are less
than four square feet in area;
F. Temporary Political Signs. Temporary political signs subject to the limitations in
Section 17.32.040;
G. Public Notices. 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 17.32.060;
1. Sale, Rent or Leasing Signs. Sale, rent or leasing signs subject to the limitations
in Section 17.32.070;
J. Street Address Numbers. Address numbers in all districts, providing they are not
meant as an advertising mechanism;
K. Logos, Symbols or Insignias. Logos, &~ymbols or insignias, commemorative
plaques of recognition and identification emblems of religious orders or historical
agencies, provided .
13
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that such signs are placed on or cut into the building, are not internally illuminated, and
do not exceed four square feot in area nine square feel; and
L. Window Signs. Window signs subject to the limitatIons in Sections 17.24.090
and 17.32.100. One "OPEN" sign not exceeding two square feet and of any material may
be placed in a window without penalty towards window coverage limitations.
M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus
shelters.
N. Civic Event Signs. Civic and/or City-sponsored event signs on City propetiy.
~ Slate and/or Federal Mandated Signs. State and/or federal mandated signs,
including state lottery and certified smog station signs. (Ord. 1720, (part), 1996;
Ord. 1624, (part), 1993)
14
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CHAPTER 17.20: PROHIBITED SIGNS
Section
17.20.010 Prohibited signs designated.
17.20.010 Prohibited Signs Designated.
The following signs are not permitted in the City:
A. Advertising Statuary;
B. Animated Signs. Animated signs except for banners, flags, pennants and
balloons permitted on a temporary basis as regulated in Chapter 17.32, and electronic
readerboard signs as permitted in Section 17.24.150;
C. Audible Signs. Advertising displays which emit audible sound, odor or visible
matter;
D. Off-site Signs. Any off-site sign except as may be permitted in Chapter 17.32;
E. Portable Signs;
F. Roof Signs. Any permanent roof sign;
G. Traffic Conflict Signs. Signs which because of color, wording, design, location
or illumination resemble or conflict with any traffic-control device or with the safe and
efficient flow oftraffic;
H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private
property which is visible from a public right-of-way, which 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 where such advertising displays are painted on or permanently
attached to a business or commercial vehicle which is actively being used by the business
unless the vehicle is in violation of the parking ordinance. (Ord. 1624, (part), 1993)
15
If-- 20
CHAPTER 17.24: SIGN REGULATIONS
Section
17.24.01 0 Intent and applicability of provisions.
17.24.020 Sign program-Required when.
17.24.030 Sign program-Information required.
17.24.040 Signs in special planning districts.
17 .24.050 Wall signs-Number of signs permitted.
17.24.060 Wall signs-Commercial and industrial districts.
17.24.()70 Wall signs-Office and institutional districts.
17.24.080 Wall sign location.
17.24.090 Permanent window signs.
17.24.100 Ground signs-Number of signs permitted.
17.24.110 Ground signs-Size.
17.24.120 Ground signs-Location.
17.24.130 Ground signs-Information contained.
17.24.140 Ground signs-Gasoline service stations.
17.24.150 Electronic readerboard signs.
17.24.160 Changeable copy signs.
17.24.170 Freeway orientation.
17.24.180 Design criteria.
17.24.190 Illumination restrictions.
17.24.200 Decorative statuary.
17.24.210 Obstructions prohibited.
17.24.220 Signs near residences.
17.24.230 Residential districts-Name plates and street or unit numbers.
17.24.240 Residential districts-Development identification signs.
17.24.250 Construction and maintenance specifications.
16 .
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17.24.260 Summary of regulations for signs according to districts.
17.24.270 Beverage container recycling signs.
17.24.010 Intent and Applicability of Provisions.
The regulations in this chapter are intended 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-Required When.
A. All developments in a commercial, office, industrial, institutional, or residential
district shall adopt a comprehensive sign program. The sign program shall be filed with
the Director and shall specify standards for consistency among all signs within the
development. All regulations in this chapter shall be used as criteria for developing the
Sign program.
B. The adoption of a sign program shall be required at the time of the initial
construction of a new project. Existing developments 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. (Ord.
1624, (part), 1993)
17.24.030 Sign Program-Information Required.
On any commercial, office or industrial site, or building requiring a sign program, the
owner shall submit to the Director a sign program containing the following:
A. An accurate plot plan of the site at such scale as the Director may reasonably
req Ulre;
B. Location of buildings, parking lots, driveways, and landscaped areas on the lot;
C. Computation of the maximum total sign area, the maximum area of individual
signs, the height of signs and the number of freestanding signs;
D. An accurate indication of each present and future signs not exempt by this title;
and
E. Specifications for consistency among all signs with regard to:
1. Color scheme;
2. Sign type (individual channel letters, can sign, wood signs, etc.);
3. Lighting;
17
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4. Location of each sign on the buildings;
5. Materials;
6. Sign proportions;
7. Any other pertinent information as required by the Director. (Ord. 1624, (part),
1993)
17.24.040 Signs in Special Planning Districts.
Any business regulated by the Monta Vista Design Guidelines or any area regulated
by a specific plan shall be subject to the sign regulations contained within those plans.
(Ord. 1624, (part), 1993)
17.24.050 Wall Signs-Number of Signs Permitted.
A. Except for residential districts, each business with exterior frontage shall be
permitted one wall sign.
B. One additional wall sign shall be permitted under anyone of the following
circumstances, provided there is no more than one wall sign on each side of the building:
1. For businesses which do not have a ground sign and the business is adjacent to
more than one street; or
2. The sign is directed to the interior of the project and not visible from a public
right-of-way. (Ord. 1624, (part), 1993)
17.24.060 Wall Signs-Commercial and Industrial Districts.
A. In retail commercial or industrial districts, wall signs shall not exceed one square
foot of sign area per one foot of the store frontage on which the sign is located. The
length of the sign shall not exceed seventy percent ofthe store frontage. The length of the
sign shall be deteITIlinec1 by the total combined length of each row of co-py on the sign.
Each business shall be allowed a minimum twenty square foot sign. No wall sign shall
be greater than two hundred square feet in area.
B. Where architecturally compatible with the building design. +!he maximum
height of a wall sign is regulated by the following criteria:
1. Eighteen inches for signs set back fifty feet or less from the face of curb;
however, a double row of coPy on a wall sign is pennitted ifit complies with Section
17.24.060(A) and does not exceed a maximum height ofthitiy-six inches;
18 (')- 2}
2. Twenty-four inches for signs set back more than fifty feet from the t:lce of curb;
however. a double row of coPY is peITIlitted if it complies with Section 17.24. 060(A) and
does not exceed a maximum height offOliy-eightinches;
3. Twenty-four inches for businesses with five thousand square feet or more of
tenant space regardless of the setback; however. a double row of copy is peITIlitted if it
complies with Section l7.24.060(A) and does not exceed a maximum height of forty-
eight inches;
4. Thirty-six inches for businesses with ten thousand square feet or more of tenant
space and set back one hundred feet or more from the face of curb; however, a double
row of coPY is permitted if it complies with Section 17.24.060fA) and does not exceed a
maximum height of forty-eight inches;
5. Forty-eight inches for businesses with twenty thousand square feet or more of
tenant space and set back one hundred feet or more from the face of curb.
Table Summarizing 'Vall Sign Height Requirements
Commercial/Industrial < 50 ft. > 50 ft. Min. 100 ft. Min. 100 ft.
Districts setback from setback from setback from setback from
face of curb face of curb face of curb face of curb
or tenant and tenant and tenant
space of space of space of
5.000 - 10,000 sf - 20,000 sf+
9.999 sf 19,999 sf
Single Row of Sign CoPY 18 inches 24 inches 36 inches 48 inches
Double Row of Sign COpy 36 inches 48 inches 48 inches 48 inches
Office Ilnstitutiona I < 50 ft. > 50 ft.
District setback from setback from
face of curb face of curb
Single Row of Sign COpy 18 inches 24 inches
Double Row of Sign Copy 36 inches 48 inches
Where such wall signs are not architecturally compatible with the building
design, the applicant may apply for a Sign Exception per Chapter 17.44.
See Appendix A-8, Example of How to Figure Size of Wall Sign, on file in the office
of the City Clerk and the Planning Department, for example.
19
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C. Wall signs that w-lti:€-H: are internally illuminated shall be designed in a manner so
that the light source is not directly visible. Neon lighting. whether exposed or visible
through any sign f~ce, and used in the lettering design or accent of any wall sign shall
require approval from the Design Review Committee Planning Commission. (Ord. 1624,
(part), 1993)
17.24.070 Wall Signs-Office and Institutional Districts.
A. Signs for businesses in an office or institutional district shall not exceed one
square foot of sign area per one linear foot of frontage. Further, each sign shall not
exceed forty square feet and shall not exceed seventy percent of the frontage the business
occupies in the building.
B. Where architecturally compatible with the building design, +he maximum height
of a wall sign in an office or institutional district is eighteen inches; however, a double
row of coPY is permitted ifit complies with Section 17.24.070(A) and does not exceed a
maximum height of thirty-six inches. Wall signs set back from the face of curb property
.J:.ffie more than fifty feet are permitted a maximum sign height of twenty-four inches~
however, a double row of copy is permitted ifit complies with Section 17.24'()70(A) and
does not exceed a maximum height of forty-eight inches. Where such wall signs are
not architecturally compatible with the building design, the applicant may applv
for a Sign Exception per Chapter 17.44. (Ord. 1624, (part), 1993)
17.24.080 Wall Sign Location.
A. Wall signs shall not project above the roofline of the building.
B. Wall signs shall not extend above the top level of the wall upon which it is
situated and shall not project more than six feet from a building.
C. No projecting wall sign shall extend into a public right-of-way more than twelve
inches. Any projecting sign shall have a vertical clearance of at least fifteen feet above a
private or public vehicular roadway, alley, driveway or parking area, and at least eight
feet above a sidewalk, pedestrian mall or landscaped area.
D. A wall sign which is an integral part of the face of an architectural projection
shall not project beyond the face ofthe architectural projection more than two feet. (Ord.
1624, (part), 1993)
17.24.090 Permanent Window Signs.
A. Permanent window signs, including neon window signs in commercial districts,
may be placed in addition to the allowable wall signs and shall be considered part of the
allowable wall sign area.
20 (5-- 2)'-
B. The total area of any window obscured by any combination of permanent and
temporary window signs shall not exceed twenty-five percent of the window surface~-
each window pane.
C. Each business in a commercial district may be permitted neon window signs
totaling not more than four square feet. Use of neon window signs does not require
Design Review Committee Planning Commission review. Neon lighting is prohibited as a
border on a window or storefront, and is not part of a neon window sign.
D. One "OPEN" sign not exceeding two square feet may be permitted without
penalty to the allowable window coverage. (Ord. 1624, (part), 1993)
17.24.100 Ground Signs-Number of Signs Permitted.
Except for residential districts, each site meeting the following criteria shall be
allowed one ground sign.
A. The site has a minimum of one hundred feet of frontage with a combination of
street frontage and building setback totaling one hundred fifty feet. For sites located on a
comer the sign must be located on the street frontage of the site's address.
B. Sites with over five hundred feet of frontage may have one additional sign. A
development consisting of two or more businesses in one building or a single site with
more than one building shall provide for common usage of the sign. (Ord. 1624, (part),
1993)
17.24.11 0 Ground Signs-Size.
A. Each ground sign allowed within the city shall be limited to eight feet in height.
The height of a ground sign shall be determined by measuring from the grade of the
adjoining closest public sidewalk to the highest portion of the sign, including the trim.
Any ground sign over eil1:ht feet in height that was legally erected in accordance with the
provisions of this ordinance in effect at the time of erection. or which has a valid pemlit
from the City, shall be permitted to remain. except at such time as any of the events
mentioned in subsections A or B of Section 17.52.020 occur.
B. The aggregate sign area of all ground signs on a site shall not exceed a total area
equal to one square foot for each four linear feet of street frontage of the site.
C. The aggregate sign area of all ground signs shall not exceed an area of one
hundred square feet.
D. The sign area for "V" shaped signs and signs with more than two faces shall
include the area of all faces of the sign. All other double-faced signs need only count the
larger of the two surfaces into the sign area.
21
( 5--l~
See Appendix A-9, Example of How to Figure Size and Location of Ground Signs, on
file in the office of the City Clerk and the Planning Department, for example. (Ord.
1624, (part), 1993)
17.24.120 Ground Signs-Location.
The location of all ground signs shall meet the following criteria:
A. Every ground sign shall be located wholly on the property for which the use the
sign is advertising is located on.
B. No portion of any ground sign shall be located closer than one foot from the
public right-of-way.
C. No portion of any sign over three feet in height shall be located within a corner
triangle or sidewalk site triangle.
D. No ground sign shall be located closer than one hundred feet from any other
ground sign on the same property.
E. Ground signs located on interior lots having less than two hundred feet of
frontage shall be positioned within the center fifty percent of the lot frontage. Interior
lots with more than two hundred feet of frontage shall locate ground signs no closer than
fifty feet from a side property line. (Ord. 1624, (part), 1993)
17.24.130 Ground Signs-Information Contained.
A. The number of tenant names on a multitenant ground sign is limited to five. For
multi tenant signs in a commercial district only, each tenant name shall not be less than
six inches in height with a minimum of four-inch space between tenant names. A
shopping center or other multi tenant commercial development with a center name shall
emphasize the name on the sign.
B. Street address numbers or the range of numbers for businesses shall be clearly
displayed on the ground sign for easy visibility by passing motorists. Ifno ground sign
exists the street address number or range shall be clearly displayed on the building.
Street address numbers shall be a minimum of five inches high as required by Section
16.04.050 of the Cupertino Municipal Code. (Ord. 1655, (part), 1994; Ord. 1624, (part),
1993)
17.24.140 Ground Signs-Gasoline Service Stations.
Gasoline service stations are permitted one ground sign regardless of street frontage
with the following criteria:
22 -- 27
I) -
A. The fuel price sign shall be incorporated into the gasoline service station ground
sign and be computed in the permitted sign area;
B. A second fuel price sign may be attached to the wall of the service station
building facing the public street in instances where a service station is not identified by a
ground sign. The price sign shall be permitted in addition to any building mounted sign
allowed for the site under Section 17.24.050 of this chapter;
C. The number of product prices listed on the ground sign or wall sign display, shall
not exceed six per face. The letter size of the price display shall not exceed the minimum
specifications contained in Section 13532 of the California Business and Professions
Code. (Ord. 1624, (part), 1993)
17.24.150 Electronic Readerboard Signs.
Electronic readerboard signs are recognized as an important advertising device for
larger commercial retail centers, but may not be appropriate for all centers as an over
proliferation of these devices may have adverse effects on the community. The Planning
Commission may approve one electronic readerboard sign under the following criteria.
A. An electronic readerboard sign may only be approved for shopping centers
which have twenty tenants or more and a minimum of fifty thousand square feet of gross
floor area.
B. The sign shall not be located closer than five hundred feet from any residential
district on the same street as the sign.
C. The background of the readerboard portion of the sign shall be the same color as
the primary background. Where this is not practical, a sl1ade of the same color or a color
which is complimentary to that of the primary background may be considered.
D. The sign shall follow the design criteria as established in Section 17.24.180.
E. The electronic readerboard sign shall be regulated by the same height, size, and
location criteria as ground signs in commercial districts regulated by Sections 17.24.110,
and 17.24.120.
F. Retail shopping centers with an electronic readerboard sigl]l-t shall have restricted
use of special signs as required in Section 17.32.090. (Ord. 1624, (part), 1993)
17.24.160 Changeable Copy Signs.
Changeable copy signs in commercial districts shall be permitted only to the extent
that they conform with and are included in the total sign area permitted for a business in
that district and are deemed necessary to the type of merchandising required by the
particular business. Such signs shall consists of a permanent sign and symbols or letters
made of plastic, metal or computerized material approved by the Director. Chalk,
23
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crudely painted or other improvised lettering shall not be permitted. (Ord. 1624, (part),
1993)
17.24.170 Freeway Orientation.
A. All signs located within a commercial, industrial, or office district and within six
hundred sixty feet of a "landscaped freeway," measured from the edge of right-of- way,
shall be oriented to the regular street system adjoining the property rather than to an
orientation that is exclusively visible from the freeway. Signs may be oriented to the
freeway, subject to the approval of the Planning Commission.
B. Signs must be intended for company identification purposes only, be building
mounted, and not exceed the size limitations for building mounted signs otherwise
prescribed in this title. Copy content for company identification purposes shall be kept as
simple as possible to avoid excessive clutter and to aid in the legibility of the sign's
message.
C. On-site signs of a temporary nature, such as for sale or for lease signs, may be
oriented to the freeway for a limited period of time subject to the restrictions of Section
17.32.070.
D. Only one building mounted sign oriented to a freeway shall be allowed per
business, or per tenant in a building which is occupied by two or more tenants. However,
not more than two freeway-oriented building mounted signs shall be allowed on any
single building or structure at any time, notwithstanding the total number of tenants in the
building or structure. Freestanding signs shall not be allowed for freeway identification
purposes.
E. In addition the regulations contained in this title, signs not exempted or excluded
by Section 5272 of the State of California Business and Professions Code shall be
regulated by the "Advertisers" chapter of that code. (Ord. 1624, (part), 1993)
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 weight 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-2, Examples of Well Proportioned Signs, Examples of
Signs Not Well Proportioned, on file in the office of the City Clerk and the Planning
Department, for examples.)
24
1')-2-1
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. Each sign shall be compatible and compliment the architectural style of 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 should be consistent in muted colors.
E. Sign copy shall be simple and concise, without excessive description of services
or products.
F. Wall signs shall not project above the eaves of the roof or top of parapet.
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. Exposed nNeon lighting, whether exposed or visible through any sign face, and
used in any wall or ground sign shall require approval by the Design Review Committee
Planning Commission.
B. The intensity of illumination for signs located within the commercial, office and
industrial districts shall not exceed approximately two hundred fifty foot-Iamberts. All
other districts shall not exceed approximately one hundred foot-lamberts. The foot-
lambert readings shall be used as a guide by staff to evaluate signs which are deemed to
be a problem to passing motorists or residents in the surrounding neighborhood.
C. The color and thickness of the sign panels as well as the brightness ofthe bulbs
used to illuminate the sign shall be designed in such a manner as to avoid excessive
illumination and glare.
D. Illuminated signs which are not a necessary part ofthe 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.
E. All exterior lighting shall be placed in a manner so that the light source will not
be seen from off the site. (Ord. 1624, (part), 1993)
17.24.200 Decorative Statuary.
Decorative statuary may be permitted in commercial, institutional, industrial and
office districts in conjunction with the overall architectural design of the building, the
landscaping scheme and the sign program for the business. The Planning Commission
Design Review COJ1l1nittce shall make a determination as to whether a structure is
advertising statuary or decorative statuary, and shall only approve decorative statuary
25
( f - 3D
which is made an integral part of the site design and theme of the use or business. If the
I)J;sign I~vi~yv Committee detenni[lcs that the dcconlti ve _~l,:!1uaIYjs cOl1siQerec!Jjn~__~rt.
the Desi gn Review Committee mav refer review of the ~lccorative statuary to ,!!10ther
commission. Decorative statuary that is not publiclv visible is exempt from the
requirements of this section. (Ord. 1624, (part), 1993)
17.24.210 Obstructions Prohibited.
No sign or other advertising structure shall be erected, relocated or maintained so as to
prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk
or bike path. (Ord. 1624, (part), 1993)
17.24.220 Signs near Residences.
No sign other than those permitted in a residential district shall be located closer than
one hundred feet from any residential districts except if the sign surface is mounted in
such a manner so as not to be visible from any residence within one hundred feet of the
sign. (Ord. 1624, (part), 1993)
17.24.230 Residential Districts-Name Plates and Street or Unit Numbers.
Each residential unit shall be permitted name plates of two square feet or less and
street or unit numbers. (Ord. 1624, (part), 1993)
17.24.240 Residential Districts-Development Identification Signs.
Developments containing twenty units or more shall be permitted one identification
sign which shall not exceed five feet in height and shall be no greater than thirty-two
square feet per side. Such signs shall be placed adjacent to the major entry of the
development. Projects having frontage on more than one street shall be permitted one
such entry sign on each street. Identification signs shall contain only the name and
address of the development. (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 the
Cupertino Municipal Code.
B. All signs with internal illumination shall be constructed of noncombustible
materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards,
26
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or other similar institution of recognized 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 work necessary to maintain the sign and any landscape planter associated with the
sign. (Ord. 1624, (part), 1993)
17.24.260 Summary of Regulations for Signs According to Districts.
Appendix A-3, Summary of Sign Regulations According to Districts, on file in the
office of the City Clerk and the Planning Department, summarizes general sign
regulations according to districts. (Ord. 1624, (part), 1993)
17.24.270 Beverage Container Recycling Signs.
A. A dealer of beverages sold in containers which is subject to provisions ofthe
California Beverage Container Recycling and Litter Reduction Act of 1986 may display
one building mounted single face sign not exceeding ten square feet in area which sets
forth the information concerning a certified recycling center, as described in Sections
14570 and 14571 of the Public Resources Code. Such sign shall be allowed in addition to
any other signs allowed for the dealer in accordance with the provisions of this chapter.
B. Signs for certified redemption centers shall be subject to the limitations and
review procedures applicable to the zoning district in which the redemption center is
located. (Ord. 1796, (part), 1998; Ord. 1624, (part), 1993)
27
/5-32..
CHAPTER 17.32: TEMPORARY SIGNS--REGULATIONS
Section
17.32.010 Temporary signs-Location.
17.32.020 Flags.
17.32.030 Garage sale signs.
17.32.040 Temporary political signs.
17.32.050 Project announcement 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 Temporary and special event signs and promotional devices.
17.32.100 Window signs.
17.32.010 Temporary Signs-Location.
A. No person shall paint, mark, or write on, post, attach or otherwise affix, any
temporary sign 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 power 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.
Additionally, no temporary sign shall be placed, posted or otherwise affixed in the
public right-of-way, except as provided in this section. The public right-of-way generally
includes the median, street, gutter, curb, sidewalk and landscaped strip on public
property.
B. Notwithstanding any provision to the contrary described in Section 17.32.01 OA
above, temporary signs may be placed upon the public right-of-way as prescribed in the
subsection below:
1. Shall only be located in the public right-of-way of a residential or institutional
district, -as defined in this Title.
28
1)-]3
2. Shall be no larger than four square feet of sign area per sign side with no more
than two sides per sign.
3. Shall be no more than three feet tall measured from the grade of the sidewalk or
adj acent ground level.
4. Shall have a maximum length of any part of the sign of three feet.
C. Unless otherwise provided for in this chapter, all temporary signs, whether or not
located in the public right-of-way:
1. Shall not be located on the street or on street medians.
2. Shall not be illuminated.
3. Shall not be located on private property without the oral or written consent of the
owner or other person entitled to possession of said property.
4. Shall maintain at least 36 inches of clear and continuous width along a sidewalk
or pathway plus any other area needed for handicapped accessibility.
5. Shall not restrict in any way the safe vision of any vehicular or pedestrian traffic
or obstruct any directional or safety sign or other sign permitted by the City.
6. All parts of the sign shall be set back a minimum of eighteen inches from the face
of the curb or from the edge of the street, bicycle or vehicle travel lane, whichever is the
greatest distance from the edge of the street, bicycle or vehicle travel lane.
7. The temporary signs in the public right-of-way other than political signs shall be
removed by sunset.
D. Persons who place temporary signs in public rights-of-way are encouraged to
notify and seek concurrence of adjacent property owner(s) and resident(s) before placing
temporary signs.
E. The provisions of Section 17.32.01 OB, C and D shall not be applicable to the
following:
1. The maintenance of signs affixed or painted upon public or private motor
vehicles;
2. The maintenance of signs affixed to Santa Clara County Transit District bus
shelters;
3. The maintenance of banners affixed to the top of the city-owned stanchions
located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue;
4. The maintenance of banners affixed to the top of the city-owned light poles
located over Stevens Creek and De Anza Boulevards; and
5. The maintenance of hazard markers or emergency signs. (Ord. 1926,9 1 (part),
2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993)
29
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17.32.020 Flags.
A. Special-event flags and streamers may be permitted on a temporary basis in all
commercial districts in conjunction with a grand opening or special promotional activity.
Flags will also be permitted in residential zones to identify model homes which are part
of a new development.
B. No special-event flag may be higher than twenty feet above ground level.
C. No more than two flag poles shall be permitted for each model home for a
maximum of one year.
D. The number of flags or streamers permitted for a commercial activity shall be
subject to the approval of the Director in conjunction with a comprehensive plan for the
special-event promotion. Flags and streamers may be permitted for a two-week period.
E. Special event flags or streamers shall be completely removed not later than five
days after the special event to which they pertain is scheduled and are otherwise governed
by the provisions of Section 17.32.090. (Ord. 1926, S 1 (part), 2004; Ord. 1796, (part),
1998; Ord. 1624, (part), 1993) .
17.32.030 Garage Sale Signs.
A. Signs advertising a bona fide garage sale activity, as defined in Chapter 5.16 of
the Cupertino Municipal Code, shall be permitted which are less than eight square feet in
area and six feet in height. These signs are to be located on the property where the sale is
being conducted.
B. Three additional garage sale signs may be allowed in the public right-of-way in
accordance with the restrictions stated in Section 17.32.010. (Ord. 1926, S 1 (part), 2004;
Ord. 1624, (part), 1993)
17.32.040 Temporary Political Signs.
A. Location. Notwithstanding any provision in this chapter to the contrary,
temporary political signs are permitted in all zoning districts of the city, require no
permits or approvals from the city, and are subject only to the following restrictions:
1. Like all other temporary signs, they are allowed in the public right-of-way
pursuant to Section 17.32.01OA, B, and C;
2. Like all other temporary signs, they shall not be located on private property
without the oral or written consent of the property owner or other person entitled to
possession of said property;
3. Temporary political signs must be completely removed not later than five days
after the election to which they pertain. The city, pursuant to the provisions of Chapter
30
ff--35'
17.52 ofthis Municipal Code, may cause such signs remaining after expiration of the
appropriate five-day period to be removed;
4. Like all other temporary signs, if the Director of Public Works finds that any
temporary political sign otherwise permitted is an immediate peril or menace to
pedestrian or vehicle traffic, he or she may cause it to be removed summarily pursuant to
Section 17.52.040C of this Municipal Code. (Ord. 1926, S 1 (part), 2004; Ord. 1796,
(part), 1998; Ord. 1755, (part), 1997; Ord. 1655, (part), 1994; Ord. 1624, (part), 1993)
17.32.050 Project Announcement Signs.
A. New projects under construction, including subdivisions of five units or more,
may be permitted signs which state the name of the project and/or the contractors and
developers involved with its construction. The signs shall be subject to the approval of
the Director.
B. No more than two freestanding signs containing the name ofthe project, the
owner, address and telephone number, leasing information, dates of anticipated
completion and a listing of the contractors involved in the project are permitted for each
proj ect.
C. Each sign shall be no larger than thirty-two square feet per side and no taller than
six feet in height.
D. Project announcement signs may be permitted for a maximum of one year or
until all of the units are sold, whichever comes first. Extensions may be granted by the
Director if the proj ect has not been completed. (Ord. 1926, S 1 (part), 2004; Ord. 1624,
(part), 1993)
17.32.060 Residential Real Estate Signs.
A. Subject to the restrictions contained in Section 17.32.010, real estate signs shall
be permitted in all zones for the purpose of announcing house sales, rentals and open
houses.
B. On-Site Requirements. Each parcel with a unit for sale or rent is permitted one
sign per street frontage, with a maximum of two signs per parcel. Only one sign may be
building-mounted. Each sign is limited to four square feet per side. Freestanding signs
shall not exceed six feet in height and shall be subject to the requirements stated in
Section 17.32.010.
C. Off-Site Signs Announcing House Sales or Rentals. Signs located off-site
announcing house sales or rentals are subject to the same requirements as on-site signs as
stated in Section 17.32.060B and Section 17.32.010.
D. Off-Site Open House Signs. Each parcel with a unit for sale is permitted a
maximum of six open house signs subject to the requirements stated in Section
31
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17.32.010. (Ord. 1926, S 1 (part), 2004; Ord. 1886, (part), 2001; Ord. 1720, (part), 1996;
Ord. 1624, (part), 1993)
17.32.070 Sale, Rent or Leasing Signs.
A. Sale, rent or leasing signs shall be permitted in all zones except residential
zones. Signs for residential zones are stated in Section 17.32.060 of this chapter.
B. The signs may include the name of the real estate agent or owner, the address,
phone number and any other pertinent information.
C. Each parcel shall be allowed to display one sale/rent/lease sign on each public
street frontage. Each sign face shall be limited to thirty-two square feet, with a maximum
oftwo faces per sign. Each sign shall be limited to a height of six feet. "V" shaped signs
are prohibited.
D. A building mounted sale/rent/lease sign may be used in lieu of a freestanding
sale/rent/lease sign. One building mounted sign may be placed on each building
elevation facing an adjacent public street; provided, that a freestanding sale/rent/lease
sign as described in subsection C of this section is not displayed concurrently on that
public street frontage. The sign shall be restricted to thirty-two square feet of face area,
and shall be located and displayed in accordance with the provisions of Section 17.24.080
of this title regarding clearance, obstruction and roof-line line level.
E. Signs for purposes of sale, rent or lease shall be permitted for display off site.
Display of such off-site signs shall be confined to private property, subject to the
approval and cooperation of the property owner upon whose property the off-site sign is
to be located. The off-site signs shall be limited to one sign per street frontage, with a
maximum of two signs per off-site parcel. The off-site signs shall have a maximum of
two faces, and shall not exceed thirty-two square feet in area per face, nor exceed a height
of six feet. The location of such off-site signs is subject to Section 17.32.010.
F. (1) For sale/rent/lease signs may be installed up to thirty days prior to any
tenant vacancy.
(2) Immediately following the close of sale, rent or lease of the space or building
the sale, rent or lease sign shall be removed.
G. For sale/rent/lease signs may not reasonably obstruct the visibility of any
permanent ground sign. (Ord. 1926, S 1 (part), 2004; Ord. 1720, (part), 1996; Ord. 1624,
(part), 1993)
17.32.080 Subdivision Directional Signs.
A. Subdivision directional signs for developments within the city may be permitted
in all zones other than residential, to direct customers along the most direct route through
32
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the city. Subdivisions not in Cupertino shall not be permitted subdivision directional
SIgnS.
B. A total of three such signs per subdivision shall be permitted within the city as
determined by the Director.
C. Each sign shall not exceed six feet in height and thirty-two square feet in area
and have no more than two sign surfaces. "V" shaped signs are prohibited.
D. The signs may be permitted for a one-year period or until all units are sold by the
subdivision developer, whichever comes first. Extensions may be granted by the Director
if the project has not been completed.
E. The location of subdivision directional signs shall be subject to Section
17.32.010.
F. Applications for subdivision directional signs shall include a list of all other
existing signs for the same subdivision, indicating the sign surface area and street
location of each sign. (Ord. 1926, ~ 1 (part), 2004; Ord. 1624, (part), 1993)
17.32.090 Temporary and Special Event Signs and Promotional Devices.
The Director may issue a permit for temporary special event signs, banners, pennants
or balloons and promotional devices in all commercial, industrial, office or institutional
districts subject to all criteria set forth in this section.
A. 1. Each business may be permitted use of one temporary special event sign
subject to the tenant schedule in subsections CorD of this section. Each business may
have the use of temporary signs for a maximum of one hundred twenty days in a calendar
year~ but not to exceed thirty days during any pormitted period. Each busineGs may be
grunted a maximum of twelve permits in a calendar year. ^ minimum period of two
weeks shall be required before a subsequent permit is grunted.
2. One additional temporary sign and one additional promotional device may be
allowed during the first year of operation for a new business entity for purposes of
announcing the grand opening of the business entity.
3. A portable freestanding temporary sign shall not exceed six feet in height and
thirty-two square feet per face, with a maximum of two faces. Portable temporary
freestanding signs, such as "A" frame or sandwich board signs, may not be set into the
ground and must be removed at the close of business each day.
4. A temporary banner shall be building mounted only, shall have only one face not
exceeding one hundred square feet in area, and shall be placed on the building in
accordance with the limitations specified in Section 17.24.080 of this title regarding
clearance and roofline level.
33
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B. 1. Special promotional devices, such as large balloons or searchlights, may be
approved for a maximum three-day period or five days for grand openings, four times
within a calendar year, subject to the following:
a. Parking is not displaced;
b. The device is compatible with adjoining uses. Of major concern is proximity to
residential properties;
c. The device is not located in a landscaped front setback area;
d. Tethered balloons used for special promotional purposes may not exceed a height
of twenty-five feet above the building where the special event is occurring;
e. Meets the tenant schedule in subsections C or D of this section.
2. The Director shall review a requested use of any special promotional device, such
as searchlights, hot air balloons, rides, traffic/parking directional signs within the public
right-of-way and the like, in relation to the type of activity and the appropriateness of the
activity to the surrounding neighborhood.
3. There is no specific limitation on the number of traffic/parking directional signs
which may be used on a site on the specific day of the special promotional or temporary
event.
4. However, the Director shall review the number and placement of signs requested
to be placed in the public right-of-way, and may restrict the number and placement of
such signs in order to ensure that adequate sight distance and traffic safety clearances are
maintained as required in Section 17.32.010.
C. A temporary sign and center-wide event signs may be permitted in accordance
with the following schedule:
Number of Tenants Number of Signs
Permitted
3 tenants to 6 tenants --1 tenant display or 1
center display
7 tenants to 13 tenants --1 tenant display + 1
center display
14 tenants to 20 --2 tenant displays + 1
tenants center display
21 tenants to 27 --3 tenant displays + 2
tenants center displays
34
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28 tenants or more
--4 tenant displays + 4
center displays
D. 1. Shopping centers with approved electronic readerboard signs shall only be
allowed building mounted banners.
2. Freestanding temporary or special event signs for individual tenants are not
allowed.
3. Special event signs for center-wide 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
E. 1. Notwithstanding any provision to the contrary contained in this chapter, but
subject to any maximum duration regulations contained in this chapter, all special event
temporary signs must be completely removed not later than five days after the conclusion
of the special event to which they pertain.
2. The city, pursuant to Chapter 17.52 of this Municipal Code, may cause the signs
remaining after expiration of the appropriate five-day period to be removed. (Ord.
1926, S 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 all commercial zones.
B. The total area of any window obscured by any combination of permanent and
temporary window signs shall not exceed twenty-five percent of the window surface-.2f
each window pane.
C. 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. 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. 1796, (part), 1998; Ord. 1624,
(part), 1993)
35
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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 when-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, S 1 (part), 2000; Ord. 1789, S 1 (part), 1998)
17.44.020 Application and Fee.
An application shall be made in writing to the Design Review Committee 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, S 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.
B. Mailed written notice of the hearing on the sign exception shall be given by the
Director of Community Development to all owners ofrecord of real property (as shown
in the last assessment roll) which abut the subject property, as well as property and its
36
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abutting properties to the left and right, directly opposite the subject property and located
across a street, way, highway or alley. Mailed notice shall include owners of property
whose only
contiguity to the subject 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 will be considered. The notice shall state the date, time and place of the
hearing. A description 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 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, 9 1 (part), 2000;
Ord. 1789,9 1 (part), 1998)
17.44.040 Findings for an Exception.
The Design Review Committee may grant 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, safety, or welfare; and
C. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the purpose.
(Ord. 1844,9 1 (part), 2000; Ord. 1789, 9 1 (part), 1998)
17.44.050 Action by Design Review Committee.
The decision made by the Design Review Committee is final unless appealed in
accordance with Section 17.44.080. (Ord. 1844, 9 1 (part), 2000; Ord. 1789, 9 1 (part),
1998)
17.44.060 Conditions for Revocation of Exception-Notice Required.
In any case where the conditions or limitations to an exception granted have not been
complied with, the Planning Commission may revoke the exception after notice
37
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and hearing in the same manner as defined in Section 17.44.030. (Ord. 1789, 9 1 (part),
1998)
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, 9 1 (part), 1998)
17.44.080 Appeals.
A. Any person aggrieved by a decision of the Design Review Committee in the
approval, conditional approval, denial or revocation of an exception for a sign may
appeal such a decision in writing to the Planning Commission City Council.
B. The appeals shall be made within fourteen calendar days of the Design Review
Committee Planning Commission meeting by means of a letter in writing to the Planning
Commission City Council stating the grievances.
C. The appeal shall follow the procedures as set forth in Chapter 19. p6. except that
Planning Commission will make the final decision on the appeal. be accompanied by the
same fee as required for appeals under Section 19.136.020 of the Cupertino Municipal
GOOe:
D. Sach appeals shall be heard by the Plunninb Commission and scheduled on their
agenda at the time that other regular items appear. (Ord. 1844,9 1 (part), 2000; Ord.
1789, 9 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, 9 1 (part), 2000; Ord. 1789, 9 1 (part), 1998)
38
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CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT
Section
17.52.01 0 Interpretation and enforcement of provisions.
17.52.020 Nonconforming signs.
17.52.030 Abandoned or discontinued signs.
17.52.040 Illegal signs-Notice required-Summary removal authorized when.
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 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 powers include but are not restricted to provisions and procedures set forth in
the following sections of this chapter. Decisions by the Director in relation to this title
may be appealed by the Planning Commission set forth in Section 17.52.090. (Ord.
1624, (part), 1993)
17.52.020 Nonconforming Signs.
A. A nonconforming sign, unless made to conform to the provisions of this title,
may not be structurally altered, expanded, moved, modified in any way, be reestablished
after:
1. Discontinuance for ninety days or more; or
2. Damage or destruction of more than fifty percent.
B. Any nonconforming sign which was legally erected in accordance with the
provisions of the ordinance in effect at the time of erection, or which has a valid permit
from the City, shall be permitted to remain until such time as:
1. There is a change in the use of the property that the sign is located on;
39
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2. There are alterations or enlargements 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 cumulative over time; or
3. There is a change of face constituting fifty percent or more of the existing total
sign face area at anyone time; expansion, movement or modification of the sign. A
change of face of a single tenant name panel constituting less than fifty percent of the
total existing sign face area in a multi tenant sign shall not constitute grounds for
modification of a nonconforming sign.
C. At such time as any of the events mentioned in subsections A and B occur, the
sign must be brought into conformance with this title. Any business with a
nonconforming sign 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 which pertains to a business or occupation which is no longer using the
particular sign or property, or which relates to a time which no longer applies, constitutes
false advertising. The structure and copy shall be blanked out or removed within thirty
days after the associated 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 ofthe premises. (Ord. 1624, (part), 1993)
17.52.040 Illegal Signs-Notice Required-Summary Removal Authorized When.
A. If the Director finds that any permanent 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 shall in
writing inform the owner and the tenant of the property on which the sign or structure is
located that the sign or structure must be removed within ten days of receipt of the notice,
or an application must be made to the Director for sign approval. Failure to take the
required action shall result in a criminal or civil sanction as provided by law.
B. Ifthe Director finds that any temporary sign or advertising device is in violation
ofthis title or any other
pertinent ordinance of the City, the Director shall notify the owner of, or tenant using the
sign in person or writing that the sign shall be immediately removed.
C. Ifthe Director 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 shall cause it to be summarily removed. Upon removal, the
Director shall give written notice to the owner. (Ord. 1624, (part), 1993)
40
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17.52.050 Storage of Removed Signs.
Any sign removed by the Director shall be stored in the City corporation yard and may
be claimed within sixty thirty 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 si gns arc not c lai med withi n si xtv days after removal bv the City. the
City shall dispose of the signs. (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)
17.52.070 Illegal Signs-Deemed Public Nuisance-Court Action Authorized.
In the event any person should erect, alter, relocate or maintain a sign in violation of
the provisions ofthis title, the sign shall be considered 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-Penalty.
Any person, firm or corporation violating 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 to order the removal of a
sign, may appeal such order or decision to the Planning Commission.
B. The appeal shall be made in writing, accompanied by the same information,
application and fee required for other applications made to the Planning Commission.
C. Upon filing the appeal, the item shall be placed on the Planning Commission
agenda and reviewed in accordance with the adopted procedures of the Planning
Commission.
41 /
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D. The decision by the Planning Commission shall be final unless appealed in the
same manner as required in Section 17.44.080. (Ord. 1624, (part), 1993)
42
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Exhibit B
MCA-2005-02
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
RESOLUTION NO. 6407
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 17 OF THE
CUPERTINO MUNICIPAL CODE RELATED TO SIGNS.
-----------------------------------------------------------
-----------------------------------------------------------
Recommendation of approval is based on Exhibit A.
-----------------------------------------------------------
-----------------------------------------------------------
PASSED AND ADOPTED this 8th day August 2006 at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Miller, Saadati, Wong
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Vice Chair Giefer, Chien
ATTEST:
APPROVED:
/s/Ciddy Wordell
Ciddy Wordell
City Planner
/ s/Marty Miller
Marty Miller, Chairperson
Planning Commission
G :\Plann ing\PD REPORT\RES\2006\MCA-2005-02 res .doc
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Cupertino Planning Commission Minutes of August 8,2006
Exhibit C
located at 10114 Crescent Court. (3-0-2; Commissioners Chien and
Giefer were absent)
Motion:
Upon motion of Commissioner Saadati, seconded by Commissioner
Wong, the Planning Commission unanimously recommended approval
of a Tentative Map (TM-2006-07) to subdivide one parcel (approximately
2.4-acres) into five parcels, with parcel sizes greater than 10,000 square
feet, and an approximately 37,000 square foot parcel for creek
dedication on property located at 10114 Crescent Court with the
amendments requiring Tree 26 to be removed and replaced and leaving
the issue of Trees 7 and 8 to be dealt with at time of specific home
design proposal and including a requirement for a slope easement (3-0-
2; Commissioners Chien and Giefer were absent)
Commissioner Wong proposed that minute action be taken asking Council to get the
cyclone fencing removed from center of Varian Park if it is indeed located on City property.
***
PUBLIC HEARING - ITEM NO.2
Application No.(s): MCA-2005-02
Application: City of Cupertino
Location: Citywide
Municipal Code Amendment of Chapter 17 (Signs).
Continued from the June 27, 2006 Planning Commission meeting.
Tentative City Council date: September 5, 2006
ACTION TO BE TAKEN:
Approve or deny MCA-2005-02
Senior Planner Aki Honda presented the staff report as follows:
. Reminded that this item was continued from the public hearing on June 27, 2006.
. Explained that amendment to Chapter 17 of the Municipal Code is proposed.
. Recounted the. focus of the June 2th discussion as being temporary portable signs,
use of the City's "morion" logo, the allowable number and height for ground signs and
storage of removed signs.
. Said that the Commission had requested additional information and surveys.
. Stated that on the issue of portable signs, the draft language proposing a 10-foot
setback requirement from driveways or sidewalks for placement of temporary portable
signs now is suggested for removal from consideration.
. Said that there was concern by the Commission about the effects of Ordinance
changes on existing signs within the community and requested a survey by Code
Enforcement on existing signs within 10-foot setback.
. Reported that Code Enforcement did this survey and will present its results after this
presentation.
If-'-t1
Cupertino Planning Commission Minutes of August 8, 2006
Page 13
. Said that maximizing the use of the City's "morion" logo is proposed. Currently this
logo is used on city limit signs throughout the city.
. Stated that the proposal increasing the height of ground signs from 8 feet to 1 0 feet and
the number of allowed signs from two to three per center for sites with street frontage of
150 feet or more resulted in the Commission asking for a survey of ground signs over 8
feet in height located within the city to see how many existing signs would be affected.
. Displayed photos of several signs in excess of 8 feet including the Target sign (11 feet),
Marketplace sign (8 feet) and Peet's Coffee sign on Homestead (20 feet).
. Discussed a survey of past Sign Exceptions by type and number. Most of the 21
applications for Sign Exception were for additional number and/or height of wall signs.
. Reminded that in the existing Ordinance there are no provisions for ground signs for
centers with less than 100 feet of street frontage. A maximum of one ground sign is
allowed for centers with frontage 100 feet or more. There is a maximum of two ground
signs for sites with over 500 feet of frontage.
. Stated that the Planning Commission brought up the possibility of allowing up to three
ground signs on a site with over 150 feet of street frontage.
. Asked the Commission for clarification of what it would like to see for those centers with
less than 150 feet of street frontage.
. Stated that the retrieval time for the pick up of stored signs is proposed to be extended
from 30 days to 60 days.
. Advised that the recommendations made by the Commission this evening would be
incorporated into the draft ordinance.
. Recommended approval.
City Planner Ciddy Wordell reminded that Code Enforcement Officer Alex Wykoff is here
this evening.
Mr. Alex Wykoff, Code Enforcement Officer:
. Said that two surveys of portable signs were done two weeks apart at the request of
the Commission.
. Stated that the first survey found 92 portable signs. If the Ordinance adopted a
requirement for a 10-foot setback for portable signs, 89 of the 92 signs counted in the
survey would be in violation. During the second survey 87 signs were counted.
. Said that calculating if the setback were reduced to 5 feet instead of the proposed 10,
68 out of the 87 signs counted for the second survey would be illegal resulting in 78
percent being in violation.
. Said that another question was raised about the possibility that these portable signs
might have impact on accidents or collisions. No accidents have been noted as having
been caused as a result of obstruction caused by a portable sign. That does not mean
it hasn't happened just that no notation of such an impact has been documented as a
primary factor in traffic reports.
Commissioner Saadati asked for clarification as to whether there is less of a violation if the
setback for portable signs is limited to five feet instead of 10 feet.
Code Enforcement Officer Alex Wykoff said that while there is slightly less percentage of
violation when reducing the setback requirement to five feet, it is not much less. He
{)-r~
Cupertino Planning Commission Minutes of August 8,2006
Page 14
added that there is already a provision in the Code that allows removal of a sign if it is
found to pose a hazard.
Commissioner Saadati reiterated that if a sign is located closer to the street in general it
does not appear to pose a hazard and if it should pose a hazard there are provisions that
allow that sign's removal.
Code Enforcement Officer Alex Wykoff replied yes.
Commissioner Saadati asked if there are creative signs out there.
Code Enforcement Officer Alex Wykoff said that there are lots of shapes and sizes in
signs. As far as content, there are limits to controls on content. He suggested that if these
portable signs are located farther from the street drawing a diver's attention from the road
they might actually prove to be more of a distraction than signs more easily seen near the
street and that can be viewed by a driver's peripheral vision.
Commissioner Wong asked if staff is recommending the deletion of the requirement for a
10-foot setback for portable signs.
Senior Planner Aki Honda said that staff had originally recommended that language. The
Commission request a survey be done and proposed deleting this 10-foot setback
requirement.
Commissioner Wong asked if this provision applies to real estate signs as well. He said
this might become a nightmare for Code Enforcement and would eliminate real estate
agents' advertising ability, which is usually in the public right-of-way.
Code Enforcement Officer Alex Wykoff said that there is a second section in the code
pertaining to real estate sign that allows more generous placement within the public right-
of-way. There must be a minimum 36-inches of clearance on the sidewalk. Therefore this
proposed provision for portable signs would not impact real estate signs.
Commissioner Wong asked for the difference between real estate signs and just regular
business signs. He said that one shouldn't discriminate between one type of business and
another.
Ms. Eileen Murray, Deputy City Attorney, said that a study was done on real estate signs a
few years ago when it came into the Ordinance. Real estate signs are allowed in
residential areas. That's the distinction.
Commissioner Wong said that there is more mixed-use development these days
incorporating residential and commercial use. He said that real estate open house signs
would be needed here too.
Deputy City Attorney Eileen Murray said that commercial zones would follow commercial
regulations.
Commissioner Wong again asked what about mixed-use zones.
fJ~)1
Exhibit 0
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
MCA-2005-02
City of Cupertino
Various
City-wide
Agenda Date: August 8,2006
Summary: Municipal Code Amendment of Title 17 (Signs)
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council:
· Approve MCA-2005-02 according to the Model Resolution, as modified by
the Planning Commission.
BACKGROUND
At the June 27, 2006 meeting, the Planning Commission continued consideration of the
draft sign ordinance on a 5-0 vote and provided additional comments for further
consideration. The Commission's comments were focused on storage of removed signs,
temporary portable signs, ground signs and the City' "morion" logo.
During the meeting, the Assistant City Attorney also discussed the reason for removing
the draft language pertaining to multilingual signs. The Assistant City Attorney
clarified that such draft language would regulate signage based on content, which
would create First Amendment Free Speech implications.
During the public hearing, one member of the public recommended that the City
promote harmonious signs.
DISCUSSION
The Planning Commission provided ~he following comments for further discussion and
consideration:
1. Delete the draft language requIrIng a 10' foot setback for portable
freestanding signs in Section 17.32.090A(3) pertaining to "Temporary and
Special Event Signs and Promotional Devices."
The Commission requested that the City's Code Enforcement Division survey
the City to see approximately how many existing portable freestanding signs
would be affected by this setback and if there are any documented cases of such
signs creating a traffic hazard. The Code Enforcement Division has conducted
its survey and will be providing an update to the Commission at the meeting.
(Y-fJ-
MCA-200S-02 ~ Title 17, Signs
August 8, 2006
Page 2
2. Provide language encouraging City-sponsored signs to include the City's
"marion" logo. The Commission requested that the City maximize use of the
"morion" logo where possible on City-sponsored signs as a result of receiving
an email from a citizen requesting that the "morion" logo be added where
possible. Staff requests direction from the Planning Commission to determine if
the Commission has interest in adding a section to the ordinance where
appropriate to require adding logos on public signs.
3. Increase the number of ground signs to three signs per center and increase the
height of ground signs from 8 feet to 10 feet. The Commission indicated
interest in increasing the maximum number of ground signs from two to three
signs and increasing the allowable ground sign height from 8 feet to 10 feet
when a site has a street frontage of 150 feet or more.
Prior to continuing this item, the Commission asked for a field survey of
existing ground signs over eight feet in height. Although the following list is
not all-inclusive, it represents a sample of these signs within the City:
Ground Sign Height
Target (Stevens Creek) 11 ft.
Civic Park (Torre/Rodriguez) 8 ft. 10 in.
Civic Park parking ground sign 10 ft. 8 in.
10215-10235 S. De Anza (former Radio Shack) 12 ft. 5 in.
McClellan Square 14 ft.
Homestead Square 15 ft. (Approx.)
Peet's Coffee (Homestead) 20 ft. (Approx.)
The Commission also asked for data on the types of sign exceptions that have
been requested in the past to determine if any requests and how many requests
have been made for additional and/ or higher ground signs. There was a total
of 21 sign exception applications submitted within the past two years, some of
which included multiple sign exception requests within an application. The
following is a tally of each of the different sign exception requests:
Ground sign (less than 100 ft. frontage)
uests
)
Temporary off-site ground sign
Neon sians
3
-"7
-)
MCA-200S-02 - Title 17, Signs
August 8, 2006
Page 3
uest
No. of Si
uests
Staff recommends that the Commission provide further direction on how to
revise Section 17.24.100 of the draft ordinance to clarify parameters for allowing
one, two or three ground signs per site.
Existin
Ordinance
Max. No. of
Ground Signs
o
1
Street Frontage
Less than 100 ft. street fronta e
Min. 100 ft. street frontage
w / combination of street frontage
& building setback of at least 150
ft.
Over 500 ft. of street fronta e
2
Pro
osed Ordinance
Max. No. of
GibundSigns
?
?
Street Frontage
Less than 100 ft. street fronta e
Less than 150 ft. street fronta e
Over 150 ft. of street fronta e
3
Staff also assumes that the 8-foot maximum ground sign height is maintained
per Section 17.24.110 when a site has a street frontage of less than 150 feet.
Staff is not supportive of increasing the height of ground signs to 10 feet and
believes that the current maximum 8-foot height is sufficient, unless a need for
additional height can be demonstrated through the _ existing sign exception
process. Therefore, staff does not recommend any changes to Section 17.24.110.
4. Increase the retrieval time for stored signs to 60 days. The Commission
recommended increasing the retrieval time for stored signs per Section 17.52.050
from 30 days to 60 days.
The above-referenced comments have not been incorporated into the draft sign
ordinance pending the Commission's determination on how to proceed. The enclosed
draft sign ordinance is the same ordinance that the Commission reviewed at the June
fr--sL(
MCA-2005-02 - Title 17, Signs
August 8, 2006
Page 4
27th study session. Any modifications approved by the Planning Commission will be
reflected in the ordinance that is transmitted to the City Council.
Prepared by:
Approved by:
Aki Honda, Senior Planner
Steve Piasecki, Director of Community Development
Attachments
Exhibit A - Draft Model Ordinance, Title 17, Signs
Exhibit B - Staff Report of April 25, 2006, including attachments
G:\Planning\PDREPORT\ pcMCAreports\ August 8,2006 -- Sign Ordinance Study Session.doc
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