DRC Reso 326]EXC-2015-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.326
OF T]E-3[]E DESIGN REVIEW COMMITTEE OF THE CITY OF CJPERT INO
APPROVING A SIGN ]EXCEPTION TO ALLOW EXPOSED NEON OUTLINE ON NEW
WALL SIGNS LOCATED AT 19439 STEVENS CREEK BLVD.
SECTION 1: PROJECT DESCRIPTION
Application No.: EXC-20 5-®2
Applicant: Davids Esajian (Philz Coffee)
]Location: 19439 Stevens Creek Blvd
SECTION 11: RECITALS:
WHEREAS, the Design Review Committee of the City of Cupertino received an application for
a Sign Exception as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Designs ][review Committee has. held at least one
public hearing in regard to the application; and
WHEREAS, the project has been determined to be categorically exempt from to California
]Environmental Quality Act, and
WHEREAS, the applicant has met the burden of proof required to support said application;
and
WHEREAS, the Design Review Committee finds as follows with regard to this application:
SECTION III-: (FINDINGS
1. That the literal enforcement of the provisions of the Sign Ordinance will result in
restrictions inconsistent With the spirit and intent of the ordinance.
The proposed sign is consistent with the intent of the Sign Ordinance in that it as conditioned the
illumination restricts the lighting intensity of the neon .tubing and signage, and, therefore minimizes
glare and distraction to motorists, bicyclists, pedestrians, and neighborhood residents.
2. That the granting of an exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare.
The proposed sign will not be detrimental or injurious to property or improvements in the vicinity,
and will not be detrimental to the public health, safety, or welfare in that the City's Traffic Engineer
does not anticipate traffic safety issues with the exposed neon outline on the signs.
Resolution No. 326 EXC-2015-02 January 21, 2016
Page - 2 -
3. That the exception to be granted is one that will require the least modification of the
prescribed design regulations and the minimum variance that will accomplish the purpose.
The strict application of the ordinance standards would not allow the neon technology that is
currently being used in commercial signage applications. The illumination intensity and appearance
of the sign addresses the intent of the City's Sign Ordinance since it would not create distractions
nor impact the City's aesthetic appearance.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of plans, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof, the application for a Sign Exception, Application no. EXC-2015-02, 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 no. EXC-2015-02
as set forth in the Minutes of Design Review Committee Meeting of January 21, 2016, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received on December 3, 2015 entitled, "Philz Coffee
Neon Signage", 19439 Stevens Creek Blvd., Cupertino, CA 95014," drawn by AdArt,
consisting of 5 sheets labeled 1-5; except as may be amended by conditions in this
resolution.
2. ACCURACY OF PROJECT PLANS
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 may require additional review.
3. EXCEPTION APPROVAL
A Sign Exception is hereby granted to allow a new wall sign with an exposed neon outline.
The color of the neon outline shall be white and tan. Alternative colors may be reviewed
and approved by the Director of Community Development.
4. NEON ILLUMINATION INTENSITY AND SIGN REQUIREMENTS
The following requirements shall apply to the neon signs:
a. The sign shall not display animated messages, including flashing, blinking, fading,
rolling, shading, dissolving, or any other effect that gives the appearance of movement.
b. The sign shall not include any audio messages.
Resolution No. 326 EXC-2015-02 January 21, 2016
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ca The signs should incorporate ding technology t® adjust the brightness ®f the signs
relative t® ambient ent light s® that at no time shall a sign exceeds a brightness level of three -
tenths foot candles above ambient light, as measured using a foot candle (Lux) meter
aimed directly at the sign face at a distance ®f 100 feet from the sign.
d. An ambient light measurement shall be taken prior t® final inspections using a foot
candle meter at some point between the periods ®f time between 30 minutes tes past sunset
and 30 minutes before sunrise with the sign turned off to a black screen.
eo Immediately following the ambient light measurement taken in the manner required
above, an operating sign light measurement shall be taken with the sign turned on.
f0 The difference between the ambient light measurement and the operating sign light
measurement shall be three tenths foot candles ®r less. This shall be incorporated in a
report and submitted t® the City.
g, 7C`]be sign shall comply with Secti®n 13532 ®f the State ®f California Business and
Professions Code and all other State regulations regarding LED signage
5. LIGHTING INTENSITY ADJUSTMENT
The City reserves the right t® require the applicant t® utilize dimming technology t® adjust
the lighting intensity ®f the sign when deemed necessary.
6e SIGN EXCEPTION REVIEW/ADDITIONAL RESTRICTIONS
If complaints are received related t® the intensity of time n nen signage under this Sign
Exception, and time complaints are n®t addressed immediately by the property
management, then the Design ][review Committee shall conduct a public hearing ®n the
Signs Exception at which time, the approval f®r ne®n signage may be modified ®r revoked.
The City reserves time right t® require additional measures t® reduce lighting intensity if
deemed necessary.
7. SIGN PERMITS REQUIRED
The applicant shall consult with the City's Building Division t® obtain the necessary sign
permits f®r this project.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible t® consult with other departments andl/®m agencies with regard
t® the proposed project for additional conditions and requirements. Any misrepresentation
®f any submitted data may invalidate an approval by the Community ty Development
Department.
9. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and holds harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, ®r proceeding brought by a third party against
one or more of time indemnified parties or one or more ®f the indemnified parties and the
Resolution No. 326 EXC-2015-02 January 21, 2016
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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.
10. 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 21St day of January 2016 at a regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chair Takahashi, Gong
NOES:
COMMISSIONERS: none
ABSTAIN:
COMMISSIONERS: none
ABSENT:
COMMISSIONERS: none
ATTEST:
I I 6�,� 7,
Tiff ro
As is e Pl er
APPROVED:
Alan Takahashi
Chair, Design Review Committee