DRC Reso 292 EXC-2010-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 292
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW A SIGN EXCEPTION FOR THREE (3) WALL SIGNS WHEN
ONE (1) IS ALLOWED AT AN EXISTING SERVICE STATION AT 1699
SOUTH DE ANZA BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2010-10
Applicant: Fernando Baluyot (Atam Sandhu)
Location: 1699 South De Anza Boulevard
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application to allow a Sign Exception for three (3) wall signs when one (1) is allowed at
an existing Valero service station located at 1699 South De Anza Boulevard.
WHEREAS, the Design Review Committee finds that:
1. The literal enforcement of the provisions in Title 17 of the Cupertino Municipal
Code will result in restrictions inconsistent with the spirit and intent of this
title;
The project is consistent with the intent of the Sign Ordinance in that it provides
architectural and aesthetic harmony with the building/canopy design and
provides good visibility for the public and the needs of the business while
minimizing distraction to the pedestrian,bicyclist, and motorist
2. The granting of an exception will not result in a condition which is materially
detrimental to public health, safety, or welfare; and
The two (2) additional wall/canopy signs will not result in a condition materially
detrimental to public health, safety, or welfare
3. 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
Resolution No.292 EXC-2010-10 November 4,2010
Page 2
With the exception of the two additional wall signs, the proposed wall signs are
consistent with the other requirements of the Sign Ordinance. Further, the
proposed additional signs are in line with the previous sign exception approvals
f or gas stations
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Application No. EXC-2010-10, is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the public hearing record concerning Application
EXC-2010-10 as set forth in the Minutes of the Design Review Committee Meeting of
November 4, 2010, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated March 6, 2009 with a revision date of
October 12, 2010 consisting of nine sheets entitled, "Valero, 1699 DeAnza Blvd,
Cupertino, CA 95014" except as may be amended by conditions in this resolution.
2. ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, canopy heights, sign
square footage, any relevant easements and/or construction records. Any
misrepresentation of any property data may invalidate this approval and may
require additional review.
3. APPROVED SIGNAGE
Exception approval is hereby granted for the installation of two (2) additional
illuminated 28 square foot "Valero" wall signs and associated illuminated gestures
on the north and south fascia of the fueling canopy.
Approval is also granted for one (1) illuminated 14 square foot "Food Shop & Deli"
wall sign on the east elevation of the food shop; two (2) non-illuminated 4.25 square
foot "V" logos on the north and south fascia of the fueling canopy; adding yellow
vinyl stripes along the base of the canopy fascia; and the re-facing and lowering the
base of the existing ground to no higher than eight (8) feet above sidewalk grade.
4. RESTRICTIONS ON FUTURE SIGNAGE
No further permanent wall signs are permitted onsite, including the future car
wash tunnel, unless approved by the City through a Sign Exception.
Resolution No.292 EXC-2010-10 November 4,2010
Page 3
5. TEMPORARY SIGNS
Temporary signs shall comply with Chapter 17.32 of the Municipal Code. A
temporary sign permit is required for all banners, a-frame or other freestanding
signs, and promotional devices.
6. ILLUMINATION INTENSITY AND HOURS OF ILLUMINATION
The intensity of the illuminated signs shall not exceed 250 foot-lamberts. All
illuminated signs shall be turned off by 11:00 p.m.
7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
PASSED AND ADOPTED this day of November 4, 2010, at a Regular Meeting of the
Design Review Committee of the City of Cupertino, State of California, by the following
roll call vote:
AYES: COMMITTEE MEMBERS: Chairperson Lee, Miller
NOES: COMMITTEE MEMBERS: none
ABSTAIN: COMMITTEE MEMBERS: none
ABSENT: COMMITTEE MEMBERS: none
ATTEST: APPROVED:
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�`SC
Winnie Lee, ai erson
Cii lanner Design Review Committee