CC Ordinance No. 1926(5 ............ ~,,, text is deleted text; underlined text is new text.)
ORDINANCE NO. 1926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 17.32 OF THE CITY'S
ORDINANCE CODE REGARDING TEMPORARY SIGNS
WHEREAS, the City of Cupertino has previously banned temporary signs from
the public right-of-way for purposes of preventing visual clutter and minimizing liability
concerns; and
WHEREAS, there are temporary events, such as, festivals, garage sales, elections
and residential open houses of importance to the conununity, neighborhoods and
residents that rely on temporary signs to provide information and directions for potential
participants; and
WHEREAS, these temporary events are primarily in residential and institutional
districts that do not have the public exposure and permanent signs found in commercial
districts; and
WHEREAS, these temporary events do not need permanent signage, but it is in
the interests of the City of Cupertino to allow temporary signage for the reasons
aforementioned; and
WHEREAS, there are locations in the public rights-of-way where temporary
signage of limited size and quantity should not obstruct the safe passage of vehicles and
pedestrians, not obstruct handicapped accessibility, not interfere with public signage and
utility structures, and not obstruct sight lines for porner triangles or driveway site triangle;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTiNO
HEREBY ORDAiNS AS FOLLOWS:
1. Amendment
Chapter 17.32 of the City's ordinance code is hereby amended to read as follows:
§ 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
a!arm or police telegraph system or upon a lighting system, public bridge, drinking
Ordinance No. 1926
Page 2
fountain, street sign or-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, o,,,~.,ao ~.oh;.,,~ ,h~ sidewalk, r;c ~o; ......
..................... , ........ v .... nt).
B. Notwithstanding any provision to the contrary described in Section 17.32.010(A)
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.
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 adiacent 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 fight-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.
site ~im".~e as defined in Section ! 7.08.0 ! 0.
7. All parts of the sign shall be set back a minimum of eighteen (18) 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.
8. 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 fights-of-way are
encouraged to notify and seek concurrence of adiacent property owner(s) and
resident(s) before placing temporary signs.
E. The provisions of Section 17.32.010(B), (C) & (D) shall not be applicable to
the following:
Ordinance No. 1926
Page 3
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; and
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.
~r
§ 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 20 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 commemial 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 ~ 17.32.090.
§ 17.32.030 GARAGE SALE SIGNS.
A. Signs advertising a bona fide garage sale activity, as defined in Chapter 5.16 of
this 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.
rest .................... !7 32 O!OA ~nd E
in-~- !7.32.0!0E and C.
Ordinance No. 1926
Page 4
§ 17.32.040 TEMPORARY POLITICAL SIGNS.
A. 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.
l. Like all other temporary signs, they are allowed in the public right-of-way
pursuant to section 17.32,010(A), (B), and (C); ,~.^~,u.;,~ r~,.,., ~.~ .... ;.,~.,~ ,.,,
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. · ;b~ ,11 ,',*h ...... ;~1 ..... ~' * ......... ;'~"~ 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 ~ ~ 17.52 of this 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 17.52.040(C) o~ o._fthis Municipal Code.
§ 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 of the 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
project.
C. Each sign shall be no larger than 32 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 project has not been completed.
§ 17.32.060 RESIDENTIAL REAL ESTATE SIGNS.
A. Subject to the restrictions contained in ~. 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
Ordinance No. 1926
Page 5
signs shall not exceed six feet in height and shall be subject to the requirements stated
in: 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 division (B) above and 5 17.32.010.
D. Off-Site Open House Signs. Each parcel with a unit for sale is permitted a
maximum of ~xee si~x open house signs subject to the requirements stated in ~ 17.32.010.
§ 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 5 17.32.060.
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 32 square feet, with a maximum of two
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 division (C) above is not displayed concurrently on that public street
frontage. The sign shall be restricted to 32 square feet of face area and shall be located
and displayed in accordance with the provisions of ~ 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 off-site signs shall be confined to private property, subject to the approval and
ceoperation 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 32 square feet in area per face, nor exceed a height of six feet. The location of
the off-site signs is subject to -5 17.32.010.
F. (1) For sale/rent/lease signs may be installed up to 30 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.
§ 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
the city. Subdivisions not in Cupertino shall not be permitted subdivision directional
signs.
Ordinance No. 1926
Page 6
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 32 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 [ 17.32.010.
F. Applications for subdivision directional signs shall include a list of all other
existing signs for the same subdivision, indicating tke sign surface area and street
location of each sign.
§ 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 cr/teria set forth in this section.
A. (1) Each business may be permitted use of one temporary special event sign
s,bject to the tenant schedule in divisions (C) and (D) below. Each business may have
the use of temporary signs for a maximum of 120 days in a calendar year, but not to
exceed 30 days during any permitted period. Each business may be granted a maximum
of 12 permits in a calendar year. A minimum period of two weeks shall be required
before a subsequent permit is granted.
(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
32 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 100 square feet in area and shall be placed on the building in accordance
with the limitations specified in } 17.24.080 regarding clearance and roof-line level.
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 25 feet above the building where the special event is occurring; and
(e) Meets the tenant schedule in divisions (C) or (D) below.
(2) The Director, shall review a requested use of any special promotional device,
such as searchlights, hot air balloons, fides, traffic/parking directional signs within the
Ordinance No. 1926
Page 7
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 [ 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
Three tenants to six One tenant display or
tenants one center display
Seven tenants to 13 One tenant display, plus
tenants one center display
14 tenants to 20 Two tenant displays,
tenants plus one center display
21 tenants to 27 Three tenant displays,
tenants plus two center displays
28 tenants or more Four tenant displays,
I plus four 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 Two center displays
Ordinance No. 1926
Page 8
28 tenants or more Four 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 55 17.52 of this Municipal Code. may cause the signs
remaining after expiration of the appropriate five-day period to be removed.
§ 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 25% of the window surface.
C. (1) Signs within a window shall be considered temporary if they remain on
the window for less than 30 days and shall not be subject to review.
(2) Window signs intended to remain on display for more than 30 days shall be
considered permanent window signs, as regulated by ~ 17.24.090.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this
17th day of November 2003, and ENACTED at a regular meeting of the City Council of
the City of Cupertino this 5th day of January 2004, by the following vote:
Vote
Members of the City Council
AYES: James, Kwok, Lowenthal, Sandoval
NOES: None
ABSENT: None
ABSTAIN: Wang
ATTEST:
APPROVED:
City Clerk
~Mayor, City of