SP-2017-01 Action Letter.doc
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
March 28, 2017
Thermal Mechanics
Attn: Rob Moyer
425 Aldo Avenue
Santa Clara, CA 95054
SUBJECT: SIGN PROGRAM ACTION LETTER – Application SP-2017-01:
This letter confirms the decision of the Director of Community Development, given on March 28, 2017,
approving a sign program for the existing Village Green Apartment complex located at 21230
Homestead Road (APN: 326-05-085). This approval is subject to the following findings and conditions
of approval.
FINDINGS
Prior to approval, the Community Development Director must make the following findings as outlined
in Section 19.104.130 of the City of Cupertino Municipal Code. Staff analysis is shown below the
required findings.
A.The Sign Program complies with the purpose of this chapter.
The proposed sign program complies with the purpose of the sign ordinance by establishing a
comprehensive set of design standards serving to identify and enhance the signage. The proposed
plan maintains the aesthetic appearance of the City by establishing a high quality and consistent set
of guidelines for all tenants on the subject site that includes direction as to the number, placement,
size, color, and material of future signs.
B.Proposed signs are creative, and are in harmony with the structures they identify, other signage on the site,
and the surrounding development.
The Sign Program establishes a set of design standards which are in harmony with the structures
they identify in that they are appropriate in scale, are not too bright or colorful, are consistency with
the architectural styles of the structures and provide continuity throughout the site. The proposed
signs allow for unique and creative tenant logos, and are in harmony with the structures they
identify in that they are appropriate in scale and are to provide equidistant spacing on the surfaces
they are affixed, and incorporate colors and tones approved for the site.
SP-2017-01 Action Letter Village Green Apartments March 28, 2017
C.The Sign Program contains provisions to accommodate future revisions that may be required because of
changes in use or tenants.
The Sign Program contains provisions to accommodate future revisions that may be required
because of changes in use or tenants.
CONDITIONS OF APPROVAL
APPROVED PROJECT
1.
Approval is based on the Master Sign Program received on January 26, 2017 consisting of nine (9)
pages prepared by Acco Property Management entitled, “Village Green” except as may be
amended by conditions in this resolution.
Refer to the City of Cupertino Sign Ordinance for provisions not specified in this sign program.
Any non-conforming wall or ground signs must comply with the regulations listed in the sign
program or where there is a conflict between the sign program and the Sign Ordinance, unless
specifically approved in the sign program, the regulations in the Sign Ordinance shall apply.
TEMPORARY SIGNS
2.
This Sign Program approval does not constitute approval of any existing temporary signs currently
onsite. Any existing or proposed proposed temporary signs are subject to the regulations in the
Sign Ordinance and requires a Temporary Sign Permit, unless otherwise exempt.
FUTURE MODIFICATIONS TO THE SIGN PROGRAM
3.
Any proposals for new permanent sign locations not shown on the sign program, or modifications
to existing sign program standards shall require City review through a sign program modification
and an additional discretionary permit if determined necessary by the Director of Community
Development.
BUILDING PERMIT REQUIRED
4.
This Sign Program approval does not constitute building permit approval. A building permit is
required for each separate sign indicated on the sign program unless the Building Department
determines that it is not necessary to obtain one.
MINOR CHANGES TO SIGN LOCATIONS SHOWN ON SIGN PROGRAM
5.
If necessary, the Director of Community Development may review and approve minor changes to
signage locations shown on the approved sign program’s site and elevation plans upon building
permit review.
ACCURACY OF THE PROJECT PLANS
6.
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and require additional review.
SP-2017-01 Action Letter Village Green Apartments March 28, 2017
CONSULTATION WITH OTHER DEPARTMENTS
7.
The applicant is responsible to consult with other departments and/or agencies with regards to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
INDEMNIFICATION
8.
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its
City Council, and its officers, employees and agents (collectively, the “indemnified parties”) from
and against any claim, action, or proceeding brought by a third party against one or more of
the indemnified parties or one or more of the indemnified parties and the applicant to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in
defense of the litigation. The applicant shall pay such attorneys’ fees and costs within 30
days following receipt of invoices from City. Such attorneys’ fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time
and overhead costs and other City staff overhead costs and any costs directly related to the
litigation reasonably incurred by City.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
9.
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.
Staff has made all of the findings that are required for approval of a Sign Program as required by the
City of Cupertino Municipal Code, Section 19.104.130(C). Please be aware that if this permit is not used
within one year, it shall expire on March 28, 2018.
Please note that an appeal of this decision can be made within 14 calendar days from the date of this
letter. If this happens, you will be notified of a public hearing, which will be scheduled before the
Planning Commission.
Sincerely,
SP-2017-01 Action Letter Village Green Apartments March 28, 2017
Jeffrey Tsumura
Assistant Planner
(408) 777-1356
jeffreymt@cupertino.org
Enclosure:
Approved Plan Set