Ordinance No. 12-2098 Political Signs in the Right of Way ORDINANCE NO. 12-2098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.104 (SIGNS) OF THE CUPERTINO MUNICIPAL CODE
REGARDING THE PLACEMENT OF TEMPORARY POLITICAL SIGNS AND RELATED
MINOR CLARIFICATIONS AND LANGUAGE STREAMLINING
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose.
This ordinance amendment clarifies language regarding placement of political signs and related
minor clarifications and language streamlining.
Section 2. Code Amendment.
Certain Sections of Chapter 19.104, entitled "Signs," of the Cupertino Municipal Code, are
amended, to read as shown in Exhibit I.
Section 3. Severability.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that
determination shall have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections,
subsection, sentence clause, phrases or portions be declared valid or unconstitutional.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as
provided by Government Code Section 36937.
Section 5. Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this
Ordinance may be published and posted in lieu of publication and posting of the entire text.
Section 6. CEOA.
Because the amendments in this ordinance do not have the potential for causing any significant
environmental impacts, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines
section 15061(b)(3).
Section 7. Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous provisions
of the Cupertino Municipal Code, these provisions shall be construed as continuations of those
provisions and not as amendments of the earlier provisions.
Ordinance No. 12-2098
INTRODUCED at a regular meeting of the Cupertino City Council the 7th day of August
2012 and ENACTED at a regular meeting of the Cupertino City Council on this 21 of August 2012 by
the following vote:
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
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Exhibit I
Table of Contents (Partial)
19.104.100 Signs exempt from permit requirements.
119.104.110 through 19.104.230 not amended]
19.104.240 Temporary signs—Location.
19.104.250 Temporary signs—Flags, garage sales, political signs and subdivision signs.
19.104.260 Temporary signs—Real estate signs and project announcement signs.
19.104.270 Temporary signs—Special event banners, promotional devices, and portable signs and
displays.
119.104.280 through 19.104.320 not amended]
19.104.320 Abandoned or discontinued signs.
19.104.330 Illegal signs on Private Property.
19.104.340 Illegal signs in public right-of-way or on public property.
19.104.350 Summary removal authorized.
19.104.360 Illegal Signs -Responsible Party for Costs and Fees - Storage, Reclamation and
Disposal of Removed Signs.
19.104.370 Illegal signs—Deemed public nuisance—Court action authorized.
19.104.380 Violation deemed infraction—Penalty.
19.104.100 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 19.104.250 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 and are less than four square feet in area. No more than thirty-three
percent of the sign area of each sign can be devoted toward business identification of the business
located on the property;
F. Political Signs. Political signs subject to the limitations in Section 19.104.250;
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
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limitations in Section 19.104.260;
I. Non-residential Real Estate Signs. Non-residential real estate for sale/for lease/for rent signs
subject to the limitations in Section 19.104.260;
J. Street Address Numbers. Address numbers in all districts, providing they are not meant as an
advertising mechanism;
K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative plaques of
recognition and identification emblems of religious orders or historical agencies, provided that such
signs are placed on or cut into the structure are not internally illuminated, and do not exceed nine
square feet in area;
L. Window Signs. Window signs subject to the limitations in Sections 19.104.150 and
19.104.290. 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 events signs on City property;
O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including State
lottery and certified smog station signs;
P. Pedestrian Oriented Blade Signs. Blade signs that are not internally illuminated. Such signs
shall be less than six and one-half square feet in area and installed at a height between eight feet and
twelve feet above pedestrian walkways.
[Section 19.104.110 through Section 19.104.230 not amended]
19.104.240 Temporary Signs—Location.
A. Unless otherwise provided for in this chapter, it is unlawful for any person to, place, paint,
mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any public property,
including but not limited to:
• 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.
B. It is unlawful for any person to place, post or otherwise affix, any temporary sign, in the
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public right-of-way, except as provided in this chapter. The public right-of-way generally includes the
median, street, gutter, curb, sidewalk and landscaped strip on public property.
C. Unless otherwise provided for in this chapter, all temporary signs shall comply with the
following:
Use/ Size
Zonin Maximu Maximu Time Period Location
g m Area m Height Review Criteria
• Shall not be located on the street
or on street medians.
• May only be located in the
public right-of-way of • Two sides
residential or institutional maximum
districts. For Political Signs see • Shall not be
Section 19.104.250(C). illuminated.
All signs may • Shall maintain 36 inches of clear • Shall not restrict,
4 s.f. per only be and continuous width along a in any way, the
All side 3 ft. displayed sidewalk or pathway plus any safe vision of any
between sunrise other area needed for vehicular or
and sunset handicapped accessibility. pedestrian traffic
• All parts of the sign shall be set or obstruct any
back minimum 18 inches from directional or
the face of the curb or from the safety signs
edge of the street, bicycle or permitted by the
vehicle travel lane, whichever is City.
the greatest distance from the
edge of the street, bicycle or
vehicle travel lane.
D. Unless otherwise specified in this chapter, persons who place temporary signs:
1. On private property shall obtain the oral or written consent of the owner or person entitled to
possession of that property and
2. In public rights-of-way are encouraged to notify and seek concurrence of adjacent property
owner(s) and resident(s) before placing temporary signs. For Political Signs see Section
19.104.250(C)
E. The provisions of Section 19.104.240(B), (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.
19.104.250 Temporary Signs—Flags, Garage Sales, Political Signs and Subdivision Signs.
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Table 19.104.250 sets forth the rules, regulations and processing applicable to Temporary Signs -
Flags, Garage Sales, Political Signs and Subdivision Signs.
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19.104.270 Temporary Signs—Special Event Banners, Promotional Devices, and Portable Signs
and Displays.
A. General Authorization. Special event banners, promotional devices, and portable signs and
displays which conform to the provisions of this chapter, are permitted in all commercial, industrial,
office and institutional zoning districts, subject to the issuance of a permit by the Director .
B. Public objectives.
1. Enhance pedestrian experience, activity and convenience.
2. Maintain the economic stability of the City by enhancing vitality of business.
3. Provide attractive, effective and visible identification reflecting the individual character of
the business.
C. Special event banners. The Director may issue a permit for a Special Event Banner for each
business within the commercial, industrial, office and institutional zoning districts under the following
provisions:
1. The banner shall only be displayed for a maximum of one hundred twenty days within a three
hundred sixty-day period.
2. The banner shall be building mounted and have only one face not exceeding one hundred
square feet in area.
3. The banner shall be placed on a building in accordance with the limitations specified in
Section 19.104.140 of this title related to building clearance and roofline levels.
4. Unless otherwise determined by the Director, the display of the banner shall be subject to the
tenant schedule for shopping centers as provided in Subsection 19.104.270(E)
D. Promotional devices. In addition to special event banners described in subsection C. above, the
Director may issue a permit for a promotional device for each business within the commercial,
industrial, office and institutional zoning districts under the following provisions:
1. For advertising a special event for an existing business, promotional devices may be
displayed for a maximum three-day period, four times within a calendar year.
2. For conducting a grand opening of a new business, promotional devices (other than search
lights, hot air balloons or other extremely large devices as determined by the Director) may be displayed
during the first year of a new business's operations for the sole purpose of announcing the grand opening
of that business.
3. The device shall not displace parking or be located in a landscaped front set back area.
4. The device shall be compatible with adjoining uses, particularly residential uses.
5. Tethered balloons used for promotional purposes may not exceed twenty-five feet above the
building where the special event or grand opening is occurring.
6. Unless otherwise determined by the Director, the display of the device shall be subject to the
tenant schedule for shopping centers as provided in Subsection 19.104.270(E).
7. Subject to the approval of the Director and the Public Works Department, a promotional
device may be located within the public right of way based upon the degree of impact the device will
have on traffic circulation as well as upon the environment of the surrounding uses.
8. Subject to the approval of the Director and the Public Works Department, traffic/parking
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directional signs may be used in conjunction with a promotional device during the period of the special
event or grand opening. The number and placement of traffic/parking directional signs may be restricted
by the Director or the Public Works Department in order to insure adequate sight distances and traffic
safety clearance are maintained as required in Section 19.104.240.
E. Tenant schedule: Shopping centers with approved electronic readerboard signs shall only be
allowed building mounted banners. Freestanding temporary or special event signs for individual tenants
are not allowed. Special event signs for center-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
F. Portable signs and displays. In addition to special event banners and promotional devices
described in subsections C. and D. above, the Director may issue a permit for a portable sign or display
for each business location within the above described zoning districts under the following provisions:
1. Portable signs and displays may not be located in areas, either on public or private property,
which are used by the public for vehicular or pedestrian traffic or in other areas, which in the opinion of
the Director, are a threat to the public health, safety or welfare.
2. Portable signs and displays shall not be permanently attached to the ground or a structure on
the premises it is intended to occupy and shall only be displayed during business hours.
3. Design review criteria. Portable signs and displays shall be appropriately designed, installed
and maintained with special emphasis on the creative design, character and quality of color and material
(vibrant and weather resistant). They shall be complementary to the building architecture and the
operation of the business area and shall enhance the overall appearance and texture of the pedestrian
shopping experience.
4. Specific standards.
Maximum size 8 s.f
Minimum height 3 ft
Maximum height 4 ft
Maximum width 2 ft
Min. setback from street curb 2 ft
Display Hours Business hours only
Min. pedestrian walkway 5 ft
Distance from:
Bus stop zones and/or bus stop 15 ft
furniture
Disable parking zone 4 ft
Must not be: 1. Set in.ground
2. Attached to trees, lamp posts, utility poles,
street or traffic signs, benches, hydrants, or
mailboxes
3. Illuminated
4. Located in any required landscape setback
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area
S.f. = square feet; ft= feet
5. Modification of specific standards. The Director may modify the specific standards described
in subsection F.4. above upon making a finding that special circumstances unique to the site require the
application of a modified standard.
G. Retail tenants larger than 20,000 square feet may be allowed to have one additional sign for
each entrance to the building, up to a maximum of three signs with a permit from the Director. One such
sign may be up to six feet tall and twenty-four square feet in area if the sign face is not oriented to a
public right-of-way.
H. Removal of signs. All banners, devices, signs and displays issued under this section must be
removed not later than five days after the conclusion of the special event or grand opening to which they
pertain.
I. The City, pursuant to Section 19.104.340 of this code, may cause the banners, devices, signs and
displays remaining after expiration or revocation of the five day period to be removed.
[Section 19.104.280 through Section 19.104.320 - unchanged]
19.104.330 Illegal Signs on Private Property.
A. If the Director or his or her designee finds that any sign or other advertising structure has been
constructed, erected, altered, relocated or maintained in violation of any of the provisions of this title or
any other pertinent ordinance of the City, the Director or his or her designee shall inform the owner and
the tenant of the property on which the sign or structure is located, in writing, that the sign or structure
must be removed within ten calendar 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 State law or any legal sanction or remedy set forth in this Code.
B. If the Director or his or her designee finds that any temporary sign is in violation of this title or
any other pertinent ordinance of the City, the Director or his or her designee shall notify the owner of, or
tenant using, the sign, in person or writing, that the sign shall be immediately removed.
C. Illegal political signs may be removed, if, after a two (2) business day verbal or written notice to
the candidate or officially recognized/designated entity for any public or private political campaign, the
violation has not been corrected.
19.104.340 Illegal Signs in Public Right-of-Way or on Public Property.
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A. Any illegal signs in the public right-of-way or on public property may be removed immediately
by the City.
B. No notice shall be required prior to removal of illegal signs, including, temporary signs in the
public right-of-way or on public property, except for Political signs.
C. Any political sign placed in a park strip within the public right-of-way in residential zones,
without the consent of the adjacent property owner or resident, may be removed and discarded by that
adjacent property owner or resident.
D. Illegal political signs may be removed pursuant to Section 19.104.330(C).
E. Any sign removed by the City, except any sign of de minimus value, shall be held in storage in
accord with Section 19.104.360. For purposes of this chapter, a sign of de minimus value means any
sign, made of cardboard or other nondurable material. Political signs shall not be treated as signs of de
minimus value.
19.104.350 Summary Removal Authorized When.
A. If the Director or his or her designee finds that any sign or other advertising structure, whether
conforming with the provisions of this title or any other pertinent ordinance of the City or not, is an
immediate peril or menace to the public, to any person, or to pedestrian or vehicular traffic, the Director
or his or her designee shall cause it to be summarily removed.
B. Upon removal, the Director or his or her designee shall hold the sign in storage in accord with Section
19.104.360 and give written notice to the owner.
19.104.360 Illegal Signs - Responsible Party for Costs and Fees - Storage, Reclamation and
Disposal of Removed Signs.
A. Any cost incurred or fees imposed by the City in the removal, alteration, relocation, or demolition
of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be
paid by the responsible party. For purposes of this chapter, "responsible party" means the owner,
business entity or person having beneficial enjoyment of the sign and, in the case of a political sign, the
political candidate and/or officially recognized/designated entity responsible for any public or private
political campaign.
B. Any sign of de minimus value removed by the Director or his or her designee shall be deemed to be
abandoned and may be destroyed by the City after removal. No opportunity to reclaim such sign shall be
given by the City.
C. Any sign removed by the Director or his or her designee, other than a sign of de minimus value, shall
be stored in the City Corporation Yard.
D. The responsible party for any removed sign, other than a sign of de minimus value, if known, shall
be given written notice to reclaim the sign within twenty calendar days from the date of the notice,
provided that any cost incurred or fees imposed by the City has been paid, and, if continued display of
the sign is desired, a renewal of the permit for the sign is secured, if required by this Code.
E. Any sign that remains unclaimed shall be deemed to be abandoned. The City may dispose of the
sign.
19.104.370 Illegal Signs—Deemed Public Nuisance—Court Action Authorized.
In the event any person erects, alters, relocates or maintains a sign in violation of the provisions of
this 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
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violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code.
19.104.380 Violation Deemed Infraction—Penalty.
Any person, firm, entity, 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 1.10 and/or Chapter 1.12 of this Municipal Code.
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 12-2098, which was
enacted on August 21, 2012, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 6th day of September, 2012.
AA
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate