DRC Packet 04-16-2020CITY OF CUPERTINO
DESIGN REVIEW COMMITTEE
AGENDA
This will be a teleconference meeting with physical location
Thursday, April 16, 2020
5:00 PM
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference
meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing comment on an item on the agenda may do so in the following ways :
1) E-mail comments by 4:00 p.m. on Thursday, April 16 to the Committee at planning@cupertino.org.
These e-mail comments will be received by the committee members before the meeting and posted to the
City’s website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the Committee at
planning@cupertino.org. The staff liaison will read the emails into the record, and display any
attachments on the screen, for up to 3 minutes (subject to the Chair’s discretion to shorten time for
public comments). Members of the public that wish to share a document must email
planning@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public comments as
follows:
Oral public comments will be accepted during the teleconference meeting. Comments may be made
during “oral communications” for matters not on the agenda, and during the public comment period
for each agenda item.
To address the Committee, click on the link below to register in advance and access the meeting:
Online
Register in advance for this webinar:
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begins at 4:45 p.m.
Page 1
Design Review Committee Agenda April 16, 2020
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In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
ROLL CALL
Page 2
Design Review Committee Agenda April 16, 2020
APPROVAL OF MINUTES
1.Subject: Draft Minutes of September 6, 2018. (Continued from the July 18, 2019
meeting for alack of a quorum at the meeting to approve. Continued from the cancelled
March 19, 2020 meeting due to a lack of a quorum)
Recommended Action: Approve or modify the Draft Minutes of September 6, 2018
Draft Minutes of September 6, 2018
2.Subject: Draft Minutes of July 18, 2019 (Continued from the cancelled March 19, 2020
meeting for lack of a quorum)
Recommended Action: Approve or modify the Draft Minutes of July 18, 2019
Draft Minutes of July 18, 2019
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Committee on any matter
within the jurisdiction of the Committee and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
PUBLIC MEETING
3.Subject: Sign Exception to consider allowing LED signage on an existing fuel price
ground sign and two additional wall signs on the building and four additional signs on
the fuel canopy at an existing service station (Valero). Application No.: EXC-2019-002;
Applicant: Gus Ortega; Location: 1699 South De Anza Boulevard; APN: 366-10-120
(Postponed from the cancelled March 19, 2020 meeting due to lack of a quorum)
Recommended Action: That the Design Review Committee adopt the draft resolution
to:
1. Find the project exempt from CEQA; and
2. Approve the Sign Exception (EXC-2020-002) per the Draft Resolution
Design Review Committee decison final unless appealed
Staff Report
1 - Draft Resolution
2 - Plan Set
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMITTEE REPORTS
Page 3
Design Review Committee Agenda April 16, 2020
ADJOURNMENT
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment .
Page 4
Design Review Committee
September 6, 2018
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE REGULAR MEETING OF
THE DESIGN REVIEW COMMITTEE HELD ON September 6, 2018
ROLL CALL
Committee Members present: Alan Takahashi, Chairperson
David Fung, Commissioner
Committee Members absent: none
Staff present: Erika Poveda, Assistant Planner
Benjamin Fu, Assistant Director of Community Development
Staff absent: none
APPROVAL OF MINUTES:
August 3, 2017
Minutes of the August 3, 2017 Design Review Committee meeting were approved as written
ORAL COMMUNICATION:
None
POSTPONEMENTS/REMOVAL FROM CALENDAR:
None
WRITTEN COMMUNICATIONS:
None
CONSENT CALENDAR:
None
PUBLIC MEETING:
1. Application No.(s): EXC-2018-02
Applicant: Janice Yeh (Xtina Properties, LLC)
Location: 10280 Imperial Ave APN: 357-19-054
Fence Exception to allow a driveway gate on a property located in a Planned Development (Light
Industrial) Zone
Design Review Committee decision final unless appealed.
Staff Member Poveda explained that the subject property is located right at the transition between a
residential neighborhood and a light industrial area. The City’s Municipal Code allows for a driveway
fence exception where it can be demonstrated that there is a need for security or safety. The Sheriff’s
department has not reported an increase in theft instances in the past 5 years in the industrial area.
However, the applicant has a location in Mountain View that has been burglarized. The most recent theft
resulted in losses to the business in excess of $70,000. They had a gate and fence ins talled and have not
2 Design Review Committee
September 6, 2018
been burgled since. They are reluctant to move into this new Cupertino location without a security gate.
The applicant is proposing to install a 6’ redwood fence that would connect to the adjacent neighboring
fences and a proposed landscape buffer in the front setback area. The fence would be setback 10’ feet
from the front property line. The Public Works department wants the existing 6’ tall concrete wall
reduced to 3’ within the 10’ front setback area to improve the visibility for the cars entering and leaving
the driveway to the adjacent business. There are no street improvements required at this time, but in the
future, the Public Works Department will require a 5’ sidewalk and street dedication for improvements.
The 10’ fence setback allows for this eventuality. Staff is recommending approval of the project as it
meets all the requirements for a fence exception and will provide a visual transition between the
residential and light industrial sections on the street that currently does not exist.
Chair Takahashi confirmed that the fence maintenance would be the responsibility of the property
owner. Commissioner Fung asked about the fence height. It was explained that the fence was designed
to match the existing neighboring fences in height and style.
The applicant’s architect, Janice Yeh, addressed the Committee. The applicant runs a film production
company. They load up the trucks in the evening in order to be able to get to the photo shoot site early
the next day. They have concerns about leaving the truck in an unsecure parking lot as the filming
equipment is very expensive. Additionally since they purchased the building, they have an interest in
updating the “curb appeal” with landscaping for their customers.
Chair Takahashi opened the Public Comment period.
There were no speakers
Chair Takahashi closed the Public Comment period.
Commissioner Fung supported the project with no additional discussion. Chair Takahashi also liked the
project and felt that the fence and landscaping upgrades would be a good addition to the neighborhood.
MOTION: Commissioner Fung moved to approve EXC-2018-02 per the draft resolution
APPROVE: Chair Takahashi
ABSENT: none
ABSTAIN: none
VOTE: 2-0-0
OLD BUSINESS:
None
NEW BUSINESS:
None
Respectfully submitted:
/s/Beth Ebben
Beth Ebben
Deputy Board Clerk
Design Review Committee
July 18, 2019
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE REGULAR MEETING OF
THE DESIGN REVIEW COMMITTEE HELD ON July 18, 2019
ROLL CALL
Committee Members present: Vikram Saxena, Chair
David Fung, Commissioner
Committee Members absent: none
Staff present: Ellen Yau, Associate Planner
Benjamin Fu, Assistant Director of Community Development
APPROVAL OF MINUTES:
1. September 6, 2018
The minutes of September 6, 2018 were continued for a lack of a quorum
2. December 6, 2018
The minutes of December 6, 2018 were approved as written
ORAL COMMUNICATION:
None
WRITTEN COMMUNICATIONS:
Three emails were received regarding item #3 on the agenda
CONSENT CALENDAR:
None
PUBLIC MEETING:
3. Application No.(s): R-219-03
Applicant: Alfred Devaraj residence
Location: 10713 Larry Way APN: 316-02-007
Residential Design Review for a new 4,170 square foot, two-story, single family residence with a rear
facing balcony located in an R-1A district.
Design Review Committee decision final unless appealed.
Staff Member Yau explained that the subject property is in the Linwood Acre neighborhood. Lots R-1A
districts are usually larger and meant enforce a semi-rural setting in a neighborhood. The Ordinance
requires that any development on these lots be approved by the Design Review Committee rather than
by Staff as is the case with typical residential design application projects. The applicant is proposing to
tear down the existing two-story home and build a new one. The proposed new home does not exceed
the maximum allowed lot coverage area or floor area ratio. R-1A lots are required to have larger setback
areas than R-1 lots. The proposed home will not encroach into the required setback areas. The second
story balcony will be at the rear of the house abutting the Apple Campus property. The property owner
2 Design Review Committee
July 18, 2019
is required to plant trees to mitigate any privacy concerns from the second story windows. As the
proposed development meets all the requirements of the Ordinance, Staff supports approval of the
project.
Chair Saxena confirmed that the trees along the southern edge of the property were because the
neighbor asked for them. Staff member Yau stated that the trees are required to be planted. Since the
property abuts the Apple Campus, not trees are required there and the neighbor to the north waived the
tree planting requirement, so the trees will be planted along the southern property line
Commissioner Saxena opened the Public Comment period.
Terry Griffin
Ed Auch
Commissioner Saxena closed the Public Comment period.
To address the comments from the speakers, Commissioner Fung asked about the noticing requirements
for this type of project. Staff member Yau explained that per Ordinance 19.12, adjacent neighbors are
noticed. Chair Saxena asked if the existing front yard trees on the site could serve as the required
privacy plantings. Staff member Yau said that the trees would need to be measured to confirm that they
are large enough. Chair asked if the property owner would be willing to plant other trees. Mr. Devaraj
said that the Oak tree is very large and there is no room for additional trees in the front. His neighbor
does not want any more trees there either. One of the current Conditions of Approval in the Draft
Resolution is to maintain the Oak tree and record it as a protected, privacy tree. One of the speakers
stated that the language in findings #4 and #5 is slightly different for an R1-A than it is for an R-1
application. As such, the application couldn’t be approved. Commissioner Fung and Staff member
discussed the language differences. Commissioner Fung felt that the intent of the findings had been met,
so the project could be approved. He did ask that the language in the findings be changed to match the
language in the R-1A Ordinance.
Chair Saxena asked that the Resolution be modified to include the second front yard tree. Commissioner
Fung concurred.
Commissioner Fung asked that the language in the findings be changed to match the language in the R-
1A Ordinance. Chair Saxena concurred.
MOTION: Commissioner Fung moved to approve R-2019-03 with the above shown changes to the draft
resolution and findings
APPROVE: Chair Saxena
ABSENT: none
ABSTAIN: none
VOTE: 2-0-0
OLD BUSINESS:
None
NEW BUSINESS:
None
Respectfully submitted:
/s/Beth Ebben
Beth Ebben
Deputy Board Clerk
DESIGN REVIEW COMMITTEE STAFF REPORT
Meeting: April 16, 2020
Subject
Sign Exception to consider allowing LED signage on an existing fuel price ground
sign and two additional wall signs on the building and four additional signs on the
fuel canopy at an existing service station (Valero). (Application No.: EXC-2019-002;
Applicant: Gus Ortega; Location: 1699 South De Anza Boulevard; APN: 366-10-120)
Recommended Action
That the Design Review Committee adopt the draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Sign Exception (EXC-2020-002).
Discussion
Project Data:
General Plan Designation: Commercial/Office/Residential
Special Area: South De Anza Special Area
Zoning Designation: P (CG, Res 5-15) / Planned Development with
General Commercial and Residential uses at a
density between 5 and 15 units/acre
Lot Area: 19,949 sq. ft.
Floor Area: 3,618 sq. ft.
Allowed Existing Proposed New Total
Wall Signs 1 1 2 (1 carwash and 1
smog shop) 3
Fuel Canopy Signs 2 2 1 illuminated logo
and 3 light bars 6
Ground Sign 1 1 No change to
number of signs
LED
Reface
Project Consistency with
General Plan: Yes
Zoning: No – needs sign exception
Environmental Assessment: Categorically Exempt
Project Location:
The project site is located on the
northwest corner of South De Anza
Boulevard and Prospect Road at the
southern border of the City. To the west
of the site is an office building; to the
east is a Shell gas station in the City of
San Jose; to the north is the Coach
House shopping center; and to the
south is a 76 gas station in the City of
Saratoga.
Background:
In April 2009, a Use Permit (U-2009-02)
and Architectural and Site Approval
(ASA-2009-02) for a car wash addition
and other site improvements were approved at the existing gas station and auto service
center site by Planning Commission. The Planning Commission decision was appealed
but the approval was upheld, with modifications to the project, by the City Council at a
subsequent public hearing on June 2, 2009.
A Sign Exception (EXC-2010-10) was approved on November 4, 2010 to allow two
additional illuminated wall signs on the fueling station’s north and south canopy faces,
in addition to a permitted building wall sign on the eastern elevation.
A Director’s Minor Modification (DIR-2019-007) permit was approved on September 4,
2019 to allow exterior modifications to the Food Mart/Smog Shop building and car wash
tunnel to comply with Valero’s new branding strategies. The overall corporate branding
strategy includes updates to the building and fuel price ground signage, which are the
subject of this Sign Exception permit.
Applicant Request:
The applicant, Gus Ortega of Sign Development Inc., representing the property
owner/operator, Atam Sandhu, is requesting a Sign Exception to allow new signage at
the service shop and convenience store building, car wash tunnel, fuel canopy, and fuel
Figure 1: Vicinity Aerial (subject property outlined in blue) S. De Anza Blvd. City of
Saratoga
City of
San Jose
City of
Saratoga
tanks at the Valero service station and update the signage at the existing ground sign as
follows:
1. One new 13.5 sq. ft. non-illuminated “Car Wash” wall sign on the south-facing exit
tunnel of the car wash building.
2. One new 14.75 sq. ft. illuminated “Smog Shop” wall sign above the service bay
door of the service shop and convenience store building.
3. One new 3.25 sq. ft. illuminated Valero “V” logo on the east side of the fuel canopy
structure (facing South De Anza Boulevard).
4. Three new LED canopy light bars on the north, east, and south sides of the fuel
canopy structure (Two signs - 27.9” x 2.5” and One sign - 19.7” x 2.5”).
5. Reface the existing internally illuminated fuel price cabinet ground sign with new
internally illuminated cabinets with light-emitting diode (LED) price numerals
(No change to size).
The fuel canopy light bars and fuel price sign require a Sign Exception since the City’s
Sign Ordinance prohibits signs with directly visible light sources and requires changeable
copy letters or numerals to be made of permanent sign and symbols or letters of high
quality and durable materials, respectively (Section 19.04.180(B)). Furthermore, condition
#4 of the EXC-2010-10 resolution requires that any additional proposed permanent signs,
including any proposed on the car wash tunnel, would need approval under a separate
Sign Exception. The City’s Municipal Code requires Design Review Committee review
for all Sign Exception applications.
Analysis
Wall Signs and Logo
The City’s Municipal Code has regulations specific to Gasoline Station Signs. However,
the wall sign provisions for gasoline stations default to the wall sign provisions for other
commercial business. These regulations address the signage needs of commercial
businesses that are either on standalone pads or a part of a shopping center. Increasingly,
gas stations are demonstrating a need for signage different from conventional
commercial businesses, due to their location near street intersections, the unique
building/structure arrangements with regards to the fueling stations, convenient store,
and car wash facility, a need to compete with alternative fuel vehicles and to attract
customers over other gasoline stations in adjoining jurisdictions where such signage is
allowed.
As such, several other gas stations throughout the City have received Sign Exceptions or
approvals for additional wall and/or canopy signs:
Company/Address
(Permit No.) Canopy Signs Wall Signs Ground
Sign
Shell / 20999 Stevens Creek Blvd.
(EXC-2014-11) 2 (illuminated) 3 (illuminated) Yes
Chevron / 11010 N. De Anza Blvd.
(DIR-2007-09) 3 (illuminated) 1 (illuminated) Yes
76 / 10275 N. De Anza Blvd.
(EXC-2006-05) 2 (illuminated) 1 (non-illuminated) Yes
Chevron / 10023 S. De Anza Blvd.
(DIR-2007-10) 2 (illuminated) 1 (illuminated) Yes (2)
Chevron /
(EXC-1998-02) 2 (illuminated) 1 (illuminated) Yes (2)
The applicant has proposed two new wall signs (one on the car wash building and one
above the service bay storefront) and one new illuminated logo on the existing canopy.
The total of all new and existing wall signs is less than 200 square feet, which is the
maximum allowed sign area for wall signs per the City’s Municipal Code. The proposed
signs are well proportioned to the location in which they are proposed. They are not
excessively descriptive and are compatible with the design aesthetic of the existing
service station. Conditions of approval have been added to ensure that the proposed
signs meet the illumination restrictions identified in Section 19.104.230 of the Municipal
Code.
Fuel Price LED Signage
The City’s Sign Ordinance does not specifically address exposed LED signage on fuel
price ground signs. Therefore, under current ordinance provisions, LED fuel price
signage is not permitted since it has a directly visible light source and is not considered a
permanent, durable material. The restrictions against directly visible light sources are
intended to limit glare and distraction to motorists, bicyclists, pedestrians, and residents
in the neighborhood. The requirement for high quality, durable material in changeable
sign copy is intended to avoid unsightly, reduced quality signage that would diminish
the City’s aesthetic appearance.
As part of the proposed project, the LED numerals would be equipped with an automatic
brightness control that would be adjusted based on the ambient light condition. The signs
differ from electronic readerboard signs in that they do not include periodically changing
or animated messages. The proposed LED numerals would remain static, except for when
the price of gasoline changes (typically once or twice per day).
The primarily static LED numerals function like the existing plastic numerals in that they
change depending on fluctuations in fuel pricing. The LED numerals will enhance
convenience by allowing the service station operator to automate fuel price updates and
not have to manually change individual numerals. The LED numerals feature crisp,
energy efficient illumination with similar lighting intensity as internally illuminated
plastic letters. The proposed opaque background of the sign will further reduce light
glare.
Two other gas stations have obtained Sign Exceptions for similar LED ground fuel signs.
It is anticipated that the number of applications will increase due to the convenience and
readability of LED fuel price lighting.
1. Valero (EXC-2014-01) – 10002 N. De Anza Blvd
2. Shell (EXC-2014-11) - 20999 Stevens Creek Blvd
Conditions of approval have been added to the draft resolution to ensure that the
illumination guidelines in Section 19.104.230 of the Sign Ordinance for the cumulative
impacts of all illuminated ground and wall signs onsite are followed to reduce glare and
distraction to motorists, bicyclists, and pedestrians.
Fuel Canopy Light Bar
A proposed element to the fuel canopy includes a blue, downlit LED bar spanning the
canopy trim on the north, east, and
south sides. The lighting will
include an aluminum “eyebrow
hood” to diffuse the lighting
downward against the canopy
fascia rather than out toward the
public right of way or the sky. The
LEDs are dimmable as well and can
be adjusted to minimize excessive
glare and ensure that the canopy
does not exceed illumination
intensities allowed in the Sign
Ordinance. Due to the exposed,
visible nature of the lighting system,
a Sign Exception is required as it is proposed in conjunction to the canopy’s sign design.
Figure 2. Light bar at another location
Figure 2 shows an example of a Valero site (not within the City) that has the light bar
installed.
Unpermitted Signs and Site Improvements
During review of this current Sign Exception and concurrent DIR application, several
unpermitted signs were identified on-site, including:
1. Permanent wall advertisement signs as follows:
a. On the north, east, and south elevations of the convenience store and
service shop building
b. “Car Wash” wall signs on the north, east, and south facing car wash
structure walls
c. Signs unrelated to the car wash on the east-facing car wash building wall
2. Illuminated window signage and non-illuminated window decals exceeding 25%
of window surface of each storefront bay window
3. Signs without Temporary Sign Permits as follows:
a. Multiple temporary banners
b. Temporary freestanding signs (e.g. A-frames)
The applicant has indicated on the plans that all unpermitted signs on site will be
removed prior to building final. A condition of approval has been added to the draft
resolution to ensure compliance.
Additionally, as part of the U-2009-02/ASA-2009-02 approval, to mitigate traffic
circulation conflicts and enhance safety the City Council modified the project approval
as follows:
1. The driveway on Prospect Road (nearest the intersection of S. De Anza Boulevard
and Prospect Road) be an ingress-only driveway, and
2. The driveway located at the southeast corner along S. De Anza Boulevard (nearest
the intersection) be an egress-only driveway.
This was implemented with the building permit for the planning entitlements from 2009.
However, during a review of current site conditions, it was observed that the Prospect
Road driveway now has unpermitted pavement markers to allow both ingress/egress and
the S. De Anza Boulevard driveway now has unpermitted pavement markers to allow
ingress-only. A condition of approval has been added to change the directional arrows
and to add pole signage to ensure comply with the Council’s previous direction.
Environmental Assessment
This project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301 Existing Facilities (Class 1)
consisting of new copy on existing on and off-premise signs.
Public Outreach and Noticing
The following table is a brief summary of the noticing done for this project:
Notice of Public Hearing and Intent,
Site Notice & Legal Ad
Agenda
Site Signage (10 days prior to the hearing)
19 public hearing notices mailed to
adjacent property owners (10 days prior
to the hearing)
Posted on the City’s official notice bulletin
board (one week prior to the hearing)
Posted on the City of Cupertino’s website
(one week prior to the hearing)
No public comments have been received as of the date of production of this staff report.
Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: July 23, 2019; Deemed Incomplete: August 21, 2019
Notice of Inactivity/Closure Letter Sent: November 6, 2019
2nd Submittal Received: November 13, 2019; Deemed Incomplete: December 10, 2019
3rd Submittal Received: January 28, 2020; Deemed Complete: January 31, 2020
The City has up to 60 days from the date of deeming the project complete (until March
31, 2020) to make a decision on the project. However, the applicant has agreed to the later
hearing date without objection.
Conclusion
Staff recommends approval of the Sign Exception since the overall design package
addresses the intent of the Sign Ordinance to identify and enhance the business while
maintain the aesthetic standards of the City. The updated LED fuel price sign and new
building/canopy signs are harmonious with the overall building/canopy and provides
good visibility for the public and the needs of the business while minimizing distraction
to pedestrians, bicyclists, and motorists. The requested Sign Exception will maintain the
City’s design standards and support the business in its endeavor to meet corporate
branding requirements. Staff recommends approval of the project since the project and
conditions of approval address all concerns related to the proposed development and all
the findings for approval of the proposed project, consistent with Chap ter 19.104.290 of
the Cupertino Municipal Code, may be made.
Next Steps
Should the project be approved, the Design Review Committee’s decision on this
proposal is final unless an appeal is filed within 14 calendar days of the date of the
decision, on April 30, 2020. The applicant may apply for building and other permits at
the end of the appeal period.
This approval expires on April 16, 2021, at which time the applicant may apply for a one-
year extension.
Prepared by: Jeffrey Tsumura, Associate Planner
Reviewed and Approved by: Piu Ghosh, Planning Manager
ATTACHMENTS:
1 – Draft Resolution
2 – Plan Set
EXC-2019-002
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A SIGN EXCEPTION FOR LED SIGNAGE ON AN EXISTING FUEL
PRICE GROUND SIGN AND SIX ADDITIONAL WALL SIGNS ON THE BUILDING
AND FUEL CANOPY FOR AN EXISTING SERVICE STATION (VALERO) LOCATED
AT 1699 SOUTH DE ANZA BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2019-002
Applicant: Gus Ortega (Sign Development, Inc.)
Location: 1699 South De Anza Boulevard (APN 366-10-120)
SECTION II: FINDINGS FOR SIGN EXCEPTION:
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 Design Review Committee has held at least
one public meeting in regard to the application; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities; 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:
1. The literal enforcement of the provisions of this title 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
Draft Resolution EXC-2019-002 April 16, 2020
Page - 2 -
visibility for the public and the needs of the business while minimizing distraction to the
pedestrian, bicyclist, and motorist. The LED numerals function similar to the existing
plastic numerals in that they change depending on fluctuations in fuel pricing. The
lighting intensity for the fuel sign and canopy as proposed do not exceed the City’s
Municipal Code regulations and the City will have the ability to require that the intensity
be reduced if deemed necessary by the City.
2. That the granting of the exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare.
The proposed signs 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. The project
includes automatic dimming technology to reduce glare and will not include animated
messages.
3. That the exception granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the
purpose.
The strict application of the ordinance standards would not allow the new industry-
standard of using LED technology similar to other service stations in the City and
throughout the region. The proposed additional signs comply with the previous sign
exception approvals for gas stations. The illumination intensity, appearance and location,
relative to the public right-of-way, of the proposed signs would not create distractions for
pedestrians, bicyclists and vehicles nor would it negatively impact the City’s aesthetic
appearance.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on Page 3 thereof,
The application for a Sign Exception, Application no. EXC-2019-002, is hereby approved
and that the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Meeting record concerning Application
no. EXC-2019-002 as set forth in the Minutes of Design Review Committee Meeting of April
16, 2020, and are incorporated by reference as though fully set forth herein.
Draft Resolution EXC-2019-002 April 16, 2020
Page - 3 -
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated February 2, 2019 and revised November 13,
2019 entitled, “Valero 1699 De Anza Blvd., Cupertino, CA 95014” drawn by Sign
Development, Inc., consisting of 8 sheets labeled 1-8; 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. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
4. EXCEPTION APPROVAL
A Sign Exception is hereby granted to allow LED gasoline price signage to the existing
fuel price ground sign, two additional building wall signs (“Smog Shop” and “Car
Wash”), and four additional canopy signs (three downlit LED bars, and one
illuminated logo). The color of the LED numerals of the fuel price sign shall be red,
and the background shall be black.
5. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DIR-2019-007 shall be applicable to
this approval.
6. ILLUMINATION INTENSITY
The intensity of all signs shall not exceed 250 foot-lamberts. A note acknowledging
this condition of approval shall be incorporated in the building permit plans.
7. LED SIGN REQUIREMENTS
The following requirements shall apply to the LED fuel price signs:
a. The signs shall not display animated messages, including flashing, blinking, fading,
rolling, shading, dissolving, or any other effect that gives the appearance of
movement.
Draft Resolution EXC-2019-002 April 16, 2020
Page - 4 -
b. The signs shall not include any audio messages.
c. The signs shall utilize automatic dimming technology to adjust the brightness of
the signs relative to ambient light so that at no time shall a sign exceed 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 of 100 feet from the
sign.
d. An ambient light measurement shall be taken using a foot candle meter at some
point between the period of time between 30 minutes past sunset and 30 minutes
before sunrise with the sign turned off to a black screen.
e. 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.
f. The difference between the ambient light measurement and the operating sign light
measurement shall be three tenths foot candles or less.
g. The signs shall contain a default mechanism that will cause the sign to revert
immediately to a black screen if the sign malfunctions.
h. The LED copy may only contain fuel price numerals.
i. The signs shall comply with Section 13532 of the State of California Business and
Professions Code and all other State regulations regarding LED signage.
8. LIGHTING INTENSITY VERIFICATION
Prior to final inspections of sign permits, a licensed lighting engineer shall confirm
that the lighting intensity is in compliance with the conditions of approval in this
resolution.
9. SIGN EXCEPTION REVIEW/ADDITIONAL RESTRICTIONS
If complaints are received related to the intensity of the LED signage under this Sign
Exception, and the complaints are not addressed immediately by the property
management, then the Design Review Committee or Planning Commission shall
conduct a public hearing on the Sign Exception at which time, the approval for LED
signage may be modified or revoked.
The City reserves the right to require additional measures to reduce lighting intensity
if deemed necessary.
10. SIGN PERMITS REQUIRED
The applicant shall consult with the City’s Building Division to obtain the necessary
sign permits for this project.
Draft Resolution EXC-2019-002 April 16, 2020
Page - 5 -
11. INGRESS/EGRESS PAVEMENT MARKERS AND DRIVEWAY SIGNAGE
Prior to final Building inspection, the applicant shall per the conditions of approval
in U-2009-02 and ASA-2009-02:
a. Repaint the driveway markings on Prospect Road (nearest the intersection) to
ingress-only, and the driveway located along S. De Anza Boulevard (nearest
the intersection) to egress-onlyand
b. Install additional signage (other than pavement markings) to indicate
appropriate ingress only, egress only and no entry signage facing both the
public right-of-way and interior to the property.
12. UNPERMITTED SIGNS
Prior to final Building inspection, the applicant shall remove all unpermitted wall,
window, and temporary ground signs onsite to the satisfaction of the Community
Development Director.
13. TEMPORARY SIGNS
Temporary signs shall comply with the Temporary Sign regulations of the City’s Sign
Ordinance (Chapter 19.104 of the Municipal Code). A temporary sign permit is
required for all banners, a-frame or other freestanding signs (except those required by
the State of California), and promotional devices.
14. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
15. INDEMNIFICATION
The applicant agrees that, to the fullest extent permitted by law, the applicant shall
indemnify, defend with the attorneys of the City’s choice, and hold harmless the City,
its City Council, and its officers, employees, and agents (collectively, the “inde mnified
parties”) from and against any liability, claim, action, cause of action, suit, damages,
judgment, lien, levy, 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 a pplicant
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized 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 (thirty) days
following receipt of invoices from City. Such attorneys’ fees and costs shall include
Draft Resolution EXC-2019-002 April 16, 2020
Page - 6 -
amounts paid to the City’s outside counsel 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. The applicant shall likewise indemnify,
defend, and hold harmless the indemnified parties from and against any damages,
attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of
Civil Procedure section 1021.5, assessed or awarded against the indemnified parties.
The Applicant further agrees to defend, indemnify and hold harmless the indemnified
parties for all cost incurred in additional investigation or study of, or for
supplementing, redrafting, revising, or amending any document (such as an
Environmental Impact Report, negative declaration, specific plan, or general plan
amendment) if made necessary by proceedings challenging the project approvals and
related environmental review if the applicant desires to continue to pursue the project.
16. 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 con stitute 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 16th day of April 2020, Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Jeffrey Tsumura R Wang,
Associate Planner Chair, Design Review Committee
02.22.19SM
1 OF 8
1699 DEANZA BLVD.
CUPERTINO, CA 95014
EXISTING SITE
SITE PLAN:
SCALE:1/32’’=1’-0’’
S. DEANZA BLVD.CANOPY
20’-0’’61’-4’’BUILDING
PROSPECT ROAD
N
43’-0’’30’-0’’U7180
CAR
WASH
36’-3’’
VERIFY
47’-0’’VERIFYP L 1 47’-0’’P L 147’-0’’A1
B1
03.13.19BA
DESCRIPTION OF PROPOSED SIGNS:
TYPE SIGN COPY DIMENSIONS AREA
Monument Sign (Reface existing) Price/ID 50.04 Sq.Ft.
Illuminated Canopy Sign (Existing) Valero
Illuminated Canopy Sign (Existing)
Illuminated Canopy Sign (Proposed)
12.90 Sq.Ft.
Car Wash Building Sign (Non-Illuminated) 9’-0” x 1’-6” 13.50 Sq.Ft.
8’- 5 ½” x 5’- 11”
7’-4 1/2” x 1’-9”
Valero 12.90 Sq.Ft.7’-4 1/2” x 1’-9”
2’-2 1/8” x 1’-9” 3.25 Sq.Ft.
DESCRIPTION OF EXISTING SIGNS:
TYPE SIGN COPY DIMENSIONS AREA
Monument Sign (Existing to remain) Price/ID 50.04 Sq.Ft.
Illuminated Canopy Sign (Removed)
Car Wash x 3ea Building Sign (Signs removed) 40.50 Sq.Ft.
8’- 5 ½” x 5’- 11”
V Logo 4.25 Sq.Ft.
Valero/Gesture 28.50 Sq.Ft.
2’- 3 3/16” 1’- 10 ½” x
Food Shop Building Sign (To remian) 15’-9” x 1’-6” 14.00 Sq.Ft.
Illuminated Canopy Sign (Removed)
9’-0” x 1’-6”
Car Wash Monument Sign (To remove) 32.00 Sq.Ft.8’-0” x 4’-0”
Pump topper x 4ea Pump topper 1.60 Sq.Ft.1’ 0” x 1’-8”
A
B
D
A
B
C
E
F
G
H
I
E
F
G
G
G
H
I
II
I
Pump topper x 4ea Pump topper 1.60 Sq.Ft.1’ 0” x 1’-8” I
06.24.19GO
Eyebrow x 2ea Canopy Eyebrow Bar 27’-EE” x 2.5” 11.62 Sq.Ft.
Eyebrow Canopy Eyebrow Bar 19’-8” x 2.5” 4.09 Sq.Ft.
06.27.19GO
Smog Shop Building Sign (Illuminated) 9’-10” x 1’-6” 14.75 Sq.Ft.
07.01.19GO 07.12.19GO
V Logo
C
ALL ILLEGAL WINDOW SIGNAGE,
WALL SIGNAGE, AND FREESTANDING
SIGNAGE WILL BE REMOVED PROIR
TO SIGNAGE FINAL.
11.13.19GO
D
D C
20’-2” x 1’-5”
EXIT ONLY
POLE SIGN
EXIT ONLY
PAVEMENT MARKERS
EXIT ONLY
PAVEMENT MARKERS
ENTER ONLY
PAVEMENT MARKERS
E X IS TI N G D/F P R ICE/I D S IGN
50.04 SQ.FT.
02.20.19S M 1699 D EAN ZA BLV D.
CU PE RTINO, CA 95014
U7180
8’- 5 ½”5’- 11”P R O P O S E D RE FACE E XI ST I N G D/F P RI C E I D S IGN
50.04 sq.ft.
S CA L E: 1/2’’=1’-0’’
6” A B L E
L E Ds
SI D E A1
LOGO TO LEFT, BOTH SIDESSI D E B1
LOGO TO LEFT, BOTH SIDES8’- 5 ½”5’- 11”6” A B L E
L E Ds
1699
I NS TA LL N E W N O N-I L LU MI N ATE D
A LU MI N U M AD D R ES S PA N E L
SC ALE: 1’’=1’-0’’
16”
PA I N T C A B I N ET S A N D R ETA I N E RS
VA LE R O LI G HT G RAY
8”
2 O F 8
1699 N O TO U C H
N AT U R A L B R I CK
03.13.19B A 06.24.19GO 06.27.19GO
07.01.19GO 07.12.19GO
P E R C IT Y R E QUI R E ME NT -
A S I TE L I G H T ING S T UD Y W I L L
N E E D TO B E CON D U C TE D F OR
T HE N EW INT E R N A L LY I L L U M IN AT E D
F U E L P R I C E ID S I G N TO V E R I F Y
I T D O E S N O T E X C E E D 250 F O O T L A B E RT
11.13.19G O
A L L I LLE GAL W IND OW S I GNA GE,
WAL L S IGN AGE, A ND FR E ES TAND IN G
SI G NA G E W IL L BE RE MOV ED PR OIR
TO SIGN AG E F IN AL.
E XI ST I N G S O U T H CA N O P Y EL E VAT IO N
02.20.19S M 1699 D EAN ZA BLV D.
CU PE RTINO, CA 95014
U7180
PROPOSED NORTH CANOPY ELEVATION
SCALE: 1/8’’= 1’-0’’
43'-0"
FL AT AC M FAS CIA WI TH
ILL UM I NAT ED LIG H T B AR
P R O POS E D S O U T H C ANO P Y E L E VAT I ON
S C ALE: 1/8’’= 1’-0’’
43'-0"
FL AT AC M FAS CIA WI TH
ILL UM I NAT ED LIG H T B AR
3 O F 8
03.13.19B A
LE D sign shall not exceed
250 foot-lamberts
5.81 sq.ft.
LE D sign shall not exceed
250 foot-lamberts
5.81 sq.ft.
06.24.19GO 06.27.19GO
07.01.19GO 07.12.19GO
E XI ST I N G N O RTH C A N OP Y E L EVAT I O N
ALL IL L EGA L WI N DO W SIG NAG E,
WA LL SI G NA G E, AN D F REE STA NDI NG
SIGN AGE WI LL B E R EM O VE D PRO I R
TO S I GNA GE FI NA L.
11.13.19G O
E X IS T I NG E A ST C AN O P Y EL E VAT I ON
02.20.19S M 1699 D EAN ZA BLV D.
CU PE RTINO, CA 95014
U7180
P R O PO S E D E A S T C A N O PY E LE VAT I O N S C ALE: 1/8’’= 1’-0’’
30'-0"
F LAT A CM FA SCI A W IT H
I L LU MIN ATE D L I GHT BAR
Clearance 14’-2’’
IL L UM IN AT E D
21” VALERO
C APO VER
WO RD MA RK
3.25 sq.ft.
P R O PO S E D W E ST CA N O P Y EL E VAT ION S C ALE: 1/8’’= 1’-0’’
30'-0"
2’-2 1/8”
7'-0"
4 O F 8
03.13.19B A
L ED sign shall not exceed
250 foot-lamberts
LE D sign shall not exceed
250 foot-lamberts
4.09 sq.ft
06.24.19GO 06.27.19GO
07.01.19GO 07.12.19GO
E X IS T I NG W E S T C A NOP Y E L EVATI O N
LOGO TO B E ILL UM I NAT ED
(Currently unilluminated)
ALL IL L EGA L WI N DO W SIG NAG E,
WA LL SI G NA G E, AN D F REE STA NDI NG
SIGN AGE WI LL B E R EM O VE D PRO I R
TO S I GNA GE FI NA L.
11.13.19G O
E X IS T I NG E A S T B UI L D ING E LE VAT I O N
02.20.19S M 1699 D EAN ZA BLV D.
CU PE RTINO, CA 95014
U7180
NOTES:
REMOVE ALL EXISTING BANNERS AND AD SIGNS FROM BUILDING.
PAINT ALL FOUR (4) SIDES OF BUILDING EXTERIOR VALERO SAND.
PAINT FRONT, BACK , AND ONE (1) SIDE OF CAR WASH BUILDING VALERO SAND.
PAINT BUILDING & CAR WASH FASCIA VALERO BLUE .
INSTALL NEW SET ILLUMINATED CHANNEL LETTERS.
PAINT ALL BUMPER POLES VALERO BLUE.
NO TOUCH EXISTING NATURAL BRICK.
PROPOSED EAST BUILDING ELEVATION SCALE: 1/8’’= 1’-0’’
61'-4"
.050” WHITE ALUMINUM RETURNS
.050” ALUMINUM BACKS
1” WHITE TRIM CAP
LEDs PER VALERO
SPECIFICATION AND
APPROVED SUPPLIER
POWER SUPPLY
DISCONNECT SWITCH
PRIMARY CIRCUIT
3/16” ACRYLIC FACE WALL OR FASCIA5”
WALL ANCHORSOR OR
#12 TEC SCREWS x 1” LONG
(TYP. 4 TO 6 PER LOGO/LETTER)
CHANNEL LETTER DETAILS LED ILLUMINATION
INSTALL PHOTOCELL
FOR THE NEW
CHANNEL LETTERS
(TIME CLOCK TO BE
INSTALLED INSIDE
BUILDING NEXT TO
ELECTRICAL PANEL)
20'-0"
VE R I F Y
P R O P O S ED SO U TH C A R WA S H B U I LD I NG E LE VAT I O N
S C ALE: 1/8’’= 1’-0’’
E XI ST I N G S O U T H CA R WA S H E LE VAT I O N
SC ALE: 3/8’’= 1’-0’’
108”18 ”I N S TA L L N E W N ON-IL L U M I NAT ED
C A R WA SH V I N Y L C O P Y
13.5
5 O F 8
NO TO U C H
NAT U R A L B R IC K
N O TOU CH
N AT U R A L B R I C K
03.13.19B A
PAI N T B U I L D ING
B L U E
06.24.19GO
PAI N T B U I L D ING
B L U E
R EPA I NT BUI L D IN G WA L LS
E X IS TI N G C O L O R S A N D
R EPA I NT BUI L D IN G WA L LS
E X IS TI N G C O L O R S A N D
06.27.19GO
118 ”18 ”I N S TA L L N E W I N TE R N AL LY I LL UM I N AT E D
SM OG SH O P CHA N N E L LE T TE R S
14.75 sq.ft. L ED sign shall not exceed
250 foot-lamberts
07.01.19GO 07.12.19GO
ALL IL L EGA L WI N DO W SIG NAG E,
WA LL SI G NA G E, AN D F REE STA NDI NG
SIGN AGE WI LL B E R EM O VE D PRO I R
TO S I GNA GE FI NA L.
N O TOU C H
11.13.19G O
02.20.19S M 1699 D EAN ZA BLV D.
CU PE RTINO, CA 95014
U7180
3/4” RADIUS
MAX
1 ½”
OR 2”
2 1/4”
3/16”
3/4”
MOLDED FACE CORNER SECTION
VALERO GRADIENT BLUE
(PANTONE 3015C TO 639C)
VALERO YELLOW (PANTONE 108C)
VALERO BLUE (PANTONE 3015C)
WHITE #7328
WHITE #7328
WHITE #7328
VALERO LI GH T BLU E (PA NTO NE 639C)
CHANGEABLE LED NUMERALS:
AMBER LED NUMERALS
BLACK BACKGROUND
REFACE/REPAINT EXISTING CABINET.
CABINET CONSTRUCTION: ALUMINUM
ILLUMINATION/ELECTRICAL: STANDARD FLOURESCENT
COOL WHITE HIGH OUTPUT INTERNAL ILLUMINATION,
INTERNAL MAGNETEK BALLASTS (OR EQUAL), UL LABEL
AND VISIBLE DISCONNECT SWITCH ALL ELECTRICAL
COMPONENTS TO BE UL LISTED
AND APPROVED
FACE MATERIALS: MOLDED HIGH IMPACT POLYCARBONATE
FACES WITH TRANSLUCENT 3M VINYL
SECOND SURFACE DECORATION
FINISH SPECIFICATIONS: SHERWIN WILLIAMS
PAINTED, RETAINERS, DIVIDER BARS, POLE AND
BASE TO MATCH VALERO LIGHT GRAY
GENERAL NOTE: ALL SIGNAGE TO BE MANUFACTURED
AND INSTALLED ACCORDING TOLOCAL AND NATIONAL
BUILDING AND ELECTRICAL CODES
03.13.19B A
8’- 5 ½”5’- 11”RE FACE E XI ST I N G D/F P RI C E I D S IG N
50.04 sq.ft.
SCA L E: 1/2’’=1’-0’’
6” A B LE
L E Ds
1699
6 O F 8
LE D sign shall not exceed
250 foot-lamberts
06.24.19GO
07.01.19GO
06.27.19GO
07.12.19GO 11.13.19G O
A LL ILL EG AL WI ND O W SI G NA G E,
WA LL SI G NA G E, A N D FR EESTA ND I NG
SIG NAG E WI L L B E R EM O VED PR O IR
TO S IGN AGE F I NA L.
02.20.19S M 1699 D EAN ZA BLV D.
CU PE RTINO, CA 95014
U7180
EYEBROW SECTION VIEW DETAILS LED ILLUMINATION
03.13.19B A
NI G H T P H O TO OF E Y E B R O W
8 O F 8
06.24.19GO 06.27.19GO
07.01.19GO 07.12.19GO 11.13.19G O
AL L I L LEGA L W IN DOW S IGN AGE,
WAL L S IGN AGE, AN D F RE E S TAN DIN G
S IGN AGE WILL B E REMOV E D P ROI R
TO SI G NA G E FIN AL.