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S-2020-003 Action Letter CITY OF COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO CUPERTINO.ORG January 27, 2021 Prometheus Real Estate Group Attn: Aaron Domingo 1900 S. Norfolk St, Ste 150 San Mateo, CA 94403 SUBJECT: SIGN PROGRAM ACTION LETTER-Application Number S-2020-003 This letter confirms the decision of the Director of Community Development, given on January 27,2021 approving a new sign program(S-2020-003)for the building located at 20200 Lucille Ave (APN: 316-02-094). 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, incorporate colors and tones approved for the site, and provide continuity throughout the development. 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. S-2012-003 Action Letter 20200 Lucille Avenue January 27,2021 CONDITIONS OF APPROVAL 1. APPROVED PROTECT Approval is based on the Master Sign Program consisting of nine pages prepared by Prometheus Real Estate Group entitled, "Holloway Apartments(FKA Verandas at Cupertino Apartments),Master Sign Program", dated December 1,2020, 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. 2. ACCURACY OF THE PROTECT 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 require additional review. 3. BUILDING PERMIT REQUIRED 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. 4. FUTURE MODIFICATIONS TO THE SIGN PROGRAM 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 additional discretionary permit if determined necessary by the Director of Community Development. 5. TEMPORARY SIGNS This Sign Program approval does not constitute approval of any existing temporary signs, including temporary banners or flags currently onsite. Any existing or proposed temporary signs are subject to the regulations in the Sign Ordinance and require a Temporary Sign Permit, unless otherwise exempt. 6. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting 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. 7. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to 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"indemnified parties")from and against any liability, claim,action, cause of action, suit, damages,judgment,lien,levy,or S-2012-003 Action Letter 20200 Lucille Avenue January 27,2021 proceeding (collectively referred to as "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 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. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include 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 agree to 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 shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs 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. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 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 S-2012-003 Action Letter 20200 Lucille Avenue January 27,2021 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 (1)year,it shall expire on January 27, 2022. Please note that an appeal of this decision can be made within 14 calendar days from the date of decision(Wednesday,January 10,2021 at 5:00pm). If this happens,you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, Lauren Ninkovich Assistant Planner City of Cupertino Enclosure: Approved Sign Program