01. MCA-2005-02 Signs
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
MCA-2005-02
City of Cupertino
Various
City-wide
Agenda Date: June 27, 2006
Summary: Municipal Code Amendment of Title 17 (Signs)
RECOMMENDATION
Staff recommends that the Planning Commission:
· Provide direction to staff on proposed amendments to the Sign Ordinance.
BACKGROUND
On April 25, 2006, the Planning Commission had planned to hold a study session to
review and consider the draft sign ordinance prepared by staff and open the public
hearing as a result of the mailing of citywide notices. During the start of the meeting,
however, the Assistant City Attorney submitted a letter to the Commission
recommending that consideration of the draft ordinance be continued for six weeks due
to insufficient time to adequately review the entire ordinance and the need to conduct
legal research relative to current case law on specific areas of the draft ordinance.
As a result, the Planning Commission decided to provide comments to staff on the draft
ordinance and open the public hearing to listen to public comments, but continued
further discussion and consideration of the draft ordinance on a 5-0 vote to June 27th.
DISCUSSION
The Planning Commission's comments on the draft sign ordinance from the April 25th
meeting are listed below. Staff has reviewed these comments and provided a response
in italics following each comment.
1. Decorative Statuary
In Section 17.24.200 (Decorative Statuary), decorative statuaries require approval
by the Planning Commission. The Commission recommended that the Fine Arts
Committee be the approving body rather than the Planning Commission. A
decorative statuary is defined by the ordinance as "any structure or device of any kind or
character placed solely for aesthetic purposes and not to promote any product or service."
The definition, however, does not provide enough clarity to distinguish between
structures, such as a small three-foot high garden statue used merely as a landscape
accent or a large 10-foot statue in front of a commercial business in the form of a
character associated with a business (i.e. Bob's Big Boy or Rasputin). Further, the
definition does not clarify that only statuaries visible from the public right-ofway be
reviewed under this process. Therefore, staff believes that decorative statuaries should
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MCA-2005-02 - Title 17, Signs
June 27, 2006
Page 2
still require planning review and approval because the decorative staturary section states
that such statuaries should only be upproved if they are made an integral part of the site
design and theme of the use or business. This will also allow for review to ensure that
setbacks, height and design are compatible with the building and sign program for the
site. To simplify the process and to address these issues, staff recommends that the Design
Review Committee be the designated body for review and approval of these statuaries to
determine if they are decorative or used as advertising, If the DRC believes that the
statuary is considered fine art, the DRC could then refer review of a statuanJ to another
commission, such as the Fine Arts Commission or the Park and Recreation Commission.
Staff also recommends that this ordinance section be modified clarifying that review and
approval by the DRC is required for decorative statuary publicly visible. This would
exclude decorative statuary that is placed internally on a site and is not publicly visible.
Staffhas made these changes to this section of the draft ordinance.
2. Lawn Signs
In Section 17.32.050, consider whether advertising by contractors on single-
family properties (e.g., when a roofer places an ad on the lawn of an existing
single-family home he is re-roofing) should be addressed. The AssistanLCity
Attorney states that signs cannot be regulated based on content. No changes are
recommended. '
3. AQpeal Period.. .
Clarify if the. appeal period for sign exceptions is 10 days or 14 days. Staff
recommends maintaining the existing 14 calendar day appeal period per Section
17.44.080 for simplicity and consistency.
4. Abandoned Si~
Provide a clause regarding abandonment of signs. Section 17.52.030 addresses
abandoned signs. Non-compliance with this section results in code enforcement action.
5. Storage of Removed Signs
Clarify the reason for amending Section 17.52.050 to lengthen retrieval time of
signs from 30 to 90 days. Code Enforcement recommended this change to match the
current City policy that allows signs to be claimed 'within 90 days of removal. HO'loever,
Code Enforcement indicates that they are not opposed to maintaining a 30 day retrieval
time provided that the draft ordinance allows the City to dispose of these signs after the
retrieval time has expired. Staff has removed the draft language referring to a "90 day."
retrieval period and restored the ordinance to a "30 day retrieval."
6. Code Enforcement Update
Provide an update of sign enforcement throughout the City. A representative from
the Code Enforcement Division will be attend the Planning Commission meeting and
provide an lJpdate of sign enforcement during the meeting.
7. Multilingual SigM
Consider fairness and legal issues pertaining to expanded sign area for multi-
lingual signs and required English on signs. The City Attorney's office advises that
requiring English on signs has constitutional implications related to the First
Amendment's Free Speech Clause that should be avoided. As a result, the entire draft
Section 17.24.42 (Bilingual Signs) has been removed.
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MCA-2005-02 - Title 17, Signs
June 27,2006
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8. Cost Recovery of Signs
Cost recovery of a removed sign by Code Enforcement may exceed the actual
cost of the sign. Code Enforcement states that cost recovery fees are based upon the cost
of the sign removal per the approved City fee schedule. The cost of the sign is immaterial
to the City's cost for its removal.
9. Logo Si~
In Section 17.16.0l0(K), the maximum logo sign area considered" exempt" has
been increased from 4 square feet to 9 square feet. The Conunission said the
ordinance should not allow an increase in logo sign area without seeing if it is
compatible with the building. Staff will review logo signs to ensure they are
compatible with buildings to which they are proposed to be attached. Staff believes that
increasing the logo sign. area will simplify the review and approval process by reducing
the number of logo signs that will need to go through the sign exception process where
minor increases are proposed.
10. Tempor~ Fees
Consider whether the temporary sign permit fee is fair. Fees are not a part of the
sign ordinance discussion because they are part of co'st recovery fees set by the City
Council and are not related to the sign ordinance itself
11. Additional Ground Signs _
Consider allowing additional on-site ground signs for businesses in large
buildings and on major streets (e.g. Cypress Hotel). The sign ordinance specifies the
number of ground signs permitted on a site based upon site frontage and building
setback; however, no more than two ground signs are permitted in any case. A sign
exception process allows for the review and approval of additional ground signs than
pennitted by the ordinance. Staffbelieves that the current process be maintained to allow
for review and approval of ground signs on a case-by-case basis where applicants can
demonstrate that additional ground signs are needed.
12. Ground Sign Heigh!
Consider allowing taller ground signs up to 10 feet in height. Additional sign
height is subjective and should be considered on a case-by-case basis through the sign
exception process. No changes are recommended.
Staff has also made additional modifications and clarifications to the draft ordinance
based upon further review of the draft ordinance and direction from the Assistant City
Attorney. These revisions include:
· Section 17.08.010 (Definitions) Staff has removed the following from the
proposed draft language in the" Animated sign" definition: "signs held by a
person and advertising costumes worn by a person." The Assistant City
Attorney has concluded that these types of signs cannot be regulated as they
are considered protected under the First Amendment's Free Speech clause.
· Chapter 17.12 (Administrative Procedures) Staff has removed "decorative
statuary and exposed neon lighting used in wall or ground signs" as signs
requiring Planning Commission approval from Section 17.12.030. The draft
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MCA-2005-02 - Title 17, Signs
June 27,2006
Page 4
ordinance has been modified to allow the Director of Community
Development to review and approve decorative statuaries and the Design
Review Committee to review and approve neon lighting. Additionally, staff
has added the Design Review Committee as a reviewing and approving
body, in addition to the Director of Corrununity Development and the
Planning Commission, in Sections 17.12.060, 070, 080 and 090.
· Section 17.24.060 (Wall Signs - Commercial and Industrial Districts) Staff
has added a clarification to the proposed wall height regulations by
beginning Section B with "Where architecturally compatible with the
building design," to ensure design compatibility of a wall sign with the
building on which it is to be attached. A sentence has also been added
clarifying the following: "Where such wall signs are not architecturally
compatible with the building design, the applicant may apply for a Sign
Exception per Chapter 17.44." Further, staff has also added a table that
summarizes the wall sign height requirements.
· Section 17.24.070 (Wall Signs - Office and Institutional Districts) Staff has
modified Section B to be consistent with the language pertaining to design
compatibility in Section 17.24.060.
· Section 17.32.090 (Temporary and Special Event Signs and Promotional
Devices) Staff has modified Section 17.32.090(A)(3) by recommending a
reduction in height to five feet arid sign area to 20 square feet for portable
freestanding temporary signs. Staff is reCommending this reduction because
. the City. has been experiencing . problems with these types of signs,
particularly" A" frame signs, that are located within the public right-of-way
and pose safety hazards by blocking sidewalk areas and impacting visibility
to driveway entrances and walkways. Where such signs are placed along the
public right-of-way or in landscaped parkways, these signs impact the safe
and efficient flow of traffic where visibility is impeded. To further reduce
these impacts, staff has also added language that such signs be prohibited
from being placed within 10 feet of any driveway or sidewalk.
· Staff has removed the draft language in Section 17.32.090(A)(3) reducing the
height and size of temporary signs, as the Assistant City Attorney has
advised staff that there must be a governmental interest or purpose for
restricting such signs. Restricting the existing sign regulations based on
aesthetics is not considered an acceptable governmental interest or purpose.
The Commission opened the public hearing at which time public comment was
provided by members of both the residential and corrunercial communities in
Cupertino. The following are the public comments that were expressed:
· !dPress Hotel and Park Place Restaurant Signs
Managers of the Cypress Hotel and adjacent Park Place Restaurant indicated
that visitors have difficulty finding their way to these establishments because
there are insufficient directional signs along the street. The hotel would like to
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MCA-2005~02 - Title 17, Signs
June 27, 2006
Page 5
propose an additional and taller ground sign along Stevens Creek Blvd. The
restaurant proposes taller signage that will allow more visibility from the
street.
· Chamber of Commerce
The Chamber of Commerce CEO stated that the Chamber would like to be
involved and assist in the process of amending the sign ordinance. Areas the
Chamber would like to address include bilingual signs, temporary signage,
wall and ground signs, sign exceptions and general streamlining of the
permitting process.
· !!ill2EY Days Child Development Center
The manager of the Happy Days Child Development Center expressed
support for the amendment to allow use of temporary signs for a total of 120
days without requiring a break However, he also asked for consideration of
a reduction of the temporary sign permit fee and the ability to place such
signs on the chain link fencing surrounding the property.
· Resident
One resident asked that the City continue to approve signs of a harmonious
nature to Cupertino and reconunended that there be limitations on for lease
signs on windows. She also suggested that English be included in signs.
Q!pertino Chamber of Commerce
On June 20, 2006, the Cupertino Chamber of Conunerce submitted a letter (See
Attacmnent D) outlining their reconunendations for amendments to the sign ordinance. .
These recommendations include the following:
Monument signs
· Allow increase of monument signs from two to three per center.
· Create a process for allowing signs in the public right-of-way.
· Increase monument sign height from a maximum of 8 feet to 10 feet.
Temporary signs
· Retain the existing language pertaining to the size and sign area of temporary
signs. The Chamber is not supportive of reducing the size and sign area as
staff had previously suggested.
Logos
· Increase of logo sign area from 4 square feet to 9 square feet is supported.
Bilingual Signs
· Delete the draft language on bilingual signs, as signs are protected by the
First Amendment's Free Speech Clause.
Size of signs
· Create a matrix or table summarizing the wall sign size requirements.
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MCA-2005-02 - Title 17, Signs
June 27, 2006
Page 6
Staff has reviewed these recommendations and concurs with the Chamber's comments
regarding bilingual signs and logo signs. Additionally, staff has added a matrix to
address the Chamber's recommendation to summarize the wall sign area requirements.
These changes have been incorporated into the draft ordinance.
Staff is not supportive of maintaining the existing language pertaining to portable
freestanding temporary signs because the City has been experiencing numerous
problems with signs placed within the public right-of-way and creating hazardous
situations where they are placed in landscaped parkways, sidewalks and driveway
entrances blocking pedestrian access in walkways and creating visibility impacts to
traffic flows.
Staff does not support the proposed changes regarding monument (ground) signs. Staff
believes that the current ordinance amply provides for an adequate number and height
of monument signs for sites based upon street frontage and building setbacks. As is
currently the case, a proposed increase in signs or height could be considered on a caSe-
by-case basis through a sign exception process.
For street signage in the public right-of-way, the vehicle code regulates these signs and
prohibits advertising in the public right-of-way. These signs are currently reviewed on
a case-by-case basis and are approved by the City only as directional signs. Staff
believes that the current process be maintained because it would be difficult to create a
standard policy for reviewing these types of signs given the case-by-case locational
criteria that need to be reviewed and considered and the size and height of these signs.
City Attorney's Office
The Assistant City Attorney also submitted a memo on June 20th stating her
recommendations based upon review of the draft sign ordinance revisions for legal
issues, including those concerning forms of expression that are protected by the First
Amendment's Free Speech Clause. The memo also clarifies that commercial speech (Le.
signage) cannot be prohibited by restriction, unless the restriction directly advances a
substantial governmental interest and the restriction is no more extensive than
necessary to serve that interest.
The memo addresses subjects including animated signs, bilingual signs, walls signs,
temporary signs and storage of removed signs. Staff has reviewed these
recommendations and has revised the draft ordinance accordingly.
Prepared by:
Approved by:
Aki Honda, Senior Planner '---- '~
Steve Piasecki, Director of Community Development ~
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MCA-2005-02 - Title 17, Signs
June 27, 2006
Page 7
Attachments
Exhibit A - Draft Model Ordinance, Title 17, Signs
Exhibit B - Minutes of the April 25, 2006 Planning Commission meeting
Exhibit C - Staff Report of April 25,2006, including attachments
Exhibit D - Letter from the Cupertino Chamber of Commerce dated June 20, 2006.
Exhibit E - Memo from City Attorney's Office dated April 25, 2006
Exhibit F - Memo from the City Attorney's Office dated June 20,2006
G:\Planning\PDREPORT\pcMCAreports\}une 27, 2006 - Sign Ordinance Study Session.doc
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CHAPTER 17.04: GENERAL PROVISIONS
Section
17.04.010 Short title.
17.04.020 Purpose and intent.
17.04.030 Savings clause.
17.04.010 Short Title.
Ordinance 1624, codified in Chapters 17.04 through 17.54 of this title, shall hereafter
be known and cited as the "sign ordinance." (Ord. 1624, (part), 1993)
17.04.020 Purpose and Intent.
A. The City of Cupertino is a suburban community interested in providing a
mixture of commercial, industrial and residential land uses which reside together. The-
general welfare of the citizens as well as the economic stability of the City is dependent. ,
on maintaining a peaceful coexistence between the various uses. The pwpose of the sign
ordinance is to identify and enhance businesses while maintaining the aesthetic
appearance of the City.
B. A sign is recognized as a vital ingredient in the free trade process upon which the
City is dependent. A good sign program will provide information to the public
concerning a particular business or use and will serve the visual and aesthetic desires of
the community. The goal is to create a visual environment that will:
1. Enhance the effectiveness of the signs;
2. Provide for the necessary competition;
3. Insure the public safety;
4. Increase the convenience of the citizen; and
5. Maintain the identification and individual character of each business.
C. With these goals in mind, the City has adopted this title, which is intended to:
1. Provide architectural and aesthetic hannony of signs as they relate to building
design and surrounding landscaping;
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2. Provide regulations of sign size, height and quantity which will allow for good
visibility for the public and the needs of the business while providing for the safety of the
public by minimizing distraction to the motorist and pedestrian;
3. Provide for sign regulations that will be compatible with the building, siting, and
the land uses the signs are intended to identify;
4. Provide for maintenance of existing signs and a program for bringing
nonconforming signs into conformance with the standards of this title as changes are
made to the signs or businesses;
5. Provide procedures which will facilitate the efficient processing of sign
applications; and
6. Provide design criteria which will promote attractive and effective signs for
Cupertino residents, businesses, employees and visitors. (Ord. 1624, (part), 1993)
17.04.030 Savings Clause.
The changes provided for in Ordinance 1755 shall not affect any offense or act
committed or done or any penalty or forfeiture incurred or any right established or
accruing before the effective date of Ordinance 1755; nor shall it affect any prosecution,
suit or "proceeding pending or any jUdgffient rendered prior to the effective date of
Ordinance 1755, April 21, 1997. (Ord.,1755," (part), 1997)
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CHAPTER 17.08: DEFINITIONS
Section
17.08.010 Definitions.
17.08.010 Definitions.
"Advertising statuary" means a structure or device of any kind or character for
outdoor advertising purposes which displays or promotes a particular product or service,
but without name identification.
"Alteration" means any permanent change to a sign.
"Animated sign" means any sign which projects action, motion or the illusion thereof,
changes intensity of illumination or changes colors, including the likes of balloons,
banners and flags, and blowing or air-powered attractions. but excluding electronic
readerboard signs and signs that wffieh display the current time or temperature.
"Architectural projection" means any permanent extension from the structure of a
building, including the likes of canopies,. awnings and fascia.
"Banner" means a temporary advertising display consisting of fabric, canvas, plastic
or paper material which is attached to a building, vehicle, pole or other form of support.
"Building frontage" means the length or the surface of the building wall which faces;
and is visible to the general public from, a public right-of-way.
"Changeable copy sign" means any sign, or portion thereof, which provides for each
manual changes to the visible message without changing structural surfaces, including the
likes oftheater marquees and gasoline service station price signs, but excluding
electronic readerboard signs and signs which display the current time or temperature.
"Change of face" means any changes to the letter style, size, color, background, or
message.
"Commercial district" means an area ofland designated for commercial use in the
current Cupertino General Plan.
"Community organization" means a nonprofit organization based in the City and
whose activities benefit the City, its residents, employees, or businesses located therein.
"Comer lot" means a lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street lines.
"Comer triangle" means a triangular-shaped area of land adjacent to an intersection of
public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2
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and 7-4. Unobstructed views over these areas are essential to the public safety for
bicyclists, motorists and pedestrians. (See Appendix A-5, Cupertino Standard Detail 7-2;
Comer Triangle--Controlled Intersections, and A-6, Cupertino Standard Detail 7-4;
Corner Triangle-- Uncontrolled Intersections, both on file in the office of the City Clerk
and the Planning Department, for details.)
"Decorative statuary" means any structure or device of any kind or character placed
solely for aesthetic purposes and not to promo.te any product or service.
"Directional sign" means any sign which primarily displays directions to a particular
area, location or site.
"Director" means the Director of Community Development for the City or any
authorized representative thereof.
"Directory sign" means any outdoor listing of occupants of a building or group of
buildings.
"Electronic readerboard sign" means an electronic sign intended for a periodically-
changing advertising message.
"Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other entity.
"Flag lot" means a lot having access to .a street by means of a driveway or parcel of
land not otherwise meeting the requirements of Title 19 of the Cupertino Municipal Code
for lot width.
"Foot-lambert" means a unit measurement of the brightness of light transmitted
through or reflected from an object or surface.
"Freeway" means any public roadway so designated by the State of California. All
freeways in the City are considered "landscaped freeways."
"Freeway oriented sign" means any sign which is located within six hundred sixty feet
and visible from a freeway right-of-way as defined by Section 5200 of the California
Business and Professions Code.
"Garage sale signs" means any sign used for advertising a garage or patio sale as
defined in Chapter 5.16 of the Cupertino Municipal Code.
"Gasoline service station" means any place of business which offers for sale any
motor vehicle fuel to the public.
"Ground sign" means any sign permanently affixed to the ground and not supported
by a building structure.
"Identification sign" means any sign whose sole purpose is to display the name of the
site and the names ofthe occupants, their products or their services.
"Illegal sign" means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the
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time of the erection of the sign or advertising statuary or which was not installed with a
valid permit from the City.
"llluminated sign" means any sign utilizing an artificial source of light to enhance its
visibility.
"Industrial district" means all ML districts and any other zoning classifications which
are consistent with the industrial designation of the Cupertino general plan.
"Informational sign" means any sign which promotes no products or services, but
displays service or general information to the public, including the likes of hours of
operation, rest room identifications and hazardous warnings.
"Institutional district" means all BQt PR, FP, and BA districts and other zoning
classifications and uses which are considered institutional in nature and are consistent
with the institutional or quasi-public designation ofthe general plan.
"Interior lot" means a lot other than a comer lot.
"Nonconforming sign" means any sign or advertising statuary that wffi.efl was legally
erected and had obtained a valid permit in conformance with the ordinance in effect at the
time of the erection of the sign but which became nonconforming due to the adoption of
the ordinance codified in this title.
"Obsolete sign" means any sign that wfl.t€fl displays incorrect or misleading
information, promotes products or services no longer available at that site or identifies
departed occupants.
"Off-site sign" means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster panels,
painted bulletins and other similar advertising displays.
"Office district" means those buildings or groups of buildings for which the permitted
uses are professional offices, is within an OA zone or which are designated for offices on
the general plan.
"On-site sign" means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which the
sign is maintained.
"Pennant" means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in a
series, designed to move in the wind. -
"Political sign" means a temporary sign that wfH-elt encourages a particular vote in a
scheduled election and is posted prior to the scheduled election.
"Portable sign" means any sign not permanently attached to the ground or a structure
on the premises it is intended to occupy. This definition shall not include A- frame signs,
sandwich signs and any other advertising structure so defined.
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"Project announcement sign" means any temporary sign that wJ:Hefl displays
information pertinent to a current or future site of construction, including the likes of the
project name, developers, owners and operators, completion dates, availability and
occupants.
"Projecting sign" means any sign other than a wall sign that wffieh is attached to and
projects from a structure or building face or wall.
"Real estate sign" means a temporary sign indicating that a particular premises is for
sale, lease or rent.
"Residential district" means the RI, RHS, R2, R3, RIC, A, and Al zoning
classifications which are consistent with the residential designation of the Cupertino
general plan.
"Roof sign" means a sign erected between the lowest and highest points of a roof.
"Shopping center" means a retail entity encompassing three or more tenants within a
single building or group of buildings, but within which individual business located in
defmed tenant spaces are owned and managed separately from the shopping center
management.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard
Detail 7-.6. (See Appendix A-7, Cupertino Standard Detail; Sidewalk Site Triangle . i
(Sidewalk Clearance at Driveway), on file in the office of the City Clerk and the Planning
Department.)
"Sign" means any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, 8lll1ounce the purpose of, or ...
identify the purpose of a person or entity, to communicate information of any kind to the.
public.
"Sign Area." The sign area of an individually lettered sign without background is
measured by -enclosing the entire sign with a set of parallel vertical and horizontal lines.
The sign area of a sign with borders and/or background is measured by a single
continuous perimeter enclosing the exterior limits of the border or background. The
necessary supports and uprights, or the base on which such sign is placed, shall be
excluded from the sign area. "When a sign is separated by thirty-six inches or more, the
area of each part may be computed separately.
"Site" means a piece of land as shown on a subdivision map, record of survey map or
assessor's parcel map, which constitutes one development site and which may be
composed of a single unit of land or contiguous units under common ownership, control,
or development agreement.
"Special event" means a temporary promotional event including, but not limited to, a
special sale on merchandise or services, or grand openings.
"Street address sign" means any sign that wlHeh displays only the street address
number(s) of the site and, at the option of the property owner, the street name.
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"Street frontage" means the length of a site along or fronting on a street or other
principal thoroughfare, but does not include such length along an alley, watercourse,
railroad right-of-way or limited access roadway or freeway.
"Temporary sign" means any sign displayed for infrequent and limited time periods.
"Trim" means the molding, battens, cappings, nailing strips, lattice and platforms
which are attached to the sign.
"V-shaped signs" means any sign consisting of two vertical faces, or essentially
vertical faces, with one common edge and which appears as the letter V when viewed
directly from above.
"Vehicle sign" means a sign painted on or attached to an operable or movable vehicle;
in the case of motor vehicles, "operable" shall be defined as having a valid license plate.
"Wall sign" means any sign that wfli.e.fl is attached, erected or painted on a stl1lcture
attached to a building, a canopy stlllcture, or the exterior wall of a building with the
exposed face of the sign parallel to the wall.
"Window sign" means any sign displayed in or painted on a window facing a public.
street, parking lot, pedestrian plaza or walkway accessible to the public. Displayed in
means a sign that wffiefl is clearly intended to be visible from an adjacent street. (Ord.
1624, (part), 1993)
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CHAPTER 17.12: ADMINISTRATIVE PROCEDURES
Section
17.12.010 Conformity with provisions required.
17.12.020 Permit-Required.
17.12.030 Signs requiring Planning Commission review.
17.12.040 Application-Form and contents.
17.12.050 Application-For new development-Timing.
17.12.060 Application-Review criteria.
17.12.070 Sign modification-Authority.
17.12.080 Permit-Issuance by Building Division-Installation information.
17.12.090 Appeals and exceptions.
17.12.100 Inspection requirements.
17.12.110 Summary of application approval process.
17.12.120 Revocation of sign approval-Authority.
17.12.130 Grounds for revocation.
17.12.140 Hearings-Notice.
17.12.010 Conformity with Provisions Required.
It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless
made to comply with the provisions of this title. (Ord. 1624, (part), 1993)
17.12.020 Permit-Required.
All signs which are not exempted by Chapter 17.16 require a sign permit to be
approved by the Director. The Director shall review and submit to the applicant a
decision within thirty calendar days from receiving an application for a sign. (Ord. 1624,
(part), 1993)
17.12.030 Signs Requiring Planning Commission Review.
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Electronic readerboard signs and, freeway oriented signs,aeeorative statuary and
~osed neon lighting l:lsed-in woll or ground signs shall require approval from the
Planning Commission prior to the Director issuing a sign permit. Permitted neon window
signs do not require Planning Commission approval. In regard to these signs only, the
Planning Commission's decision is final unless appealed in accordance with Section
17.44.080. The Planning Commission shall use the criteria as established in Sections
17.24.150, 17.24.170, 17.24.190, and 17.24.200 for review of those signs. (Ord. 1624,
(part), 1993)
17.12.040 Application-Form and Contents.
An application for sign approval shall be made on a form specifying type, number of
exhibits and filing fees by the Director and shall be signed by the property owner or a
duly authorized agent. The application shall contain information regarding the size, color
and samples, illumination intensity and type, materials, number, location, type of signs,
and the location of the business on the site and any other additional information as may
be deemed necessary by the Director. (Ord. 1624, (part), 1993)
17.12.050 Application-For New Development-Timing.
The application for sign approval or a conceptual sign program for a new development
shall be made in conjunction with the review of the use permit for the entire project in
order that the design of the signs be taken into consideration at the time of architectural
and site planning. (Ord. 1624, (part), 1993)
17.12.060 Application-Review Criteria.
The Director, Design Review Committee or qte Planning Commission, as the case
may be, shall review the sign application to ensure:
A. That the proposed sign meets the requirements of this title or any special
conditions imposed in the development by the Planning Commission, or City Council;
and
B. That the proposed sign's color and illumination is not in conflict with the safe
flow of traffic on the City streets. (Ord. 1624. (part), 1993)
17.12.070 Sign Modification-Authority.
The Director, Design Review Committee or Planning Commission, as the case may
be, shall have authority to require modification ofthe sign to ensure that it meets the
criteria stated in Section 17.12.060. (Ord. 1624, (part), 1993)
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17.12.080 Permit-Issuance by Building Division-Installation information.
Upon approval by the Director. Design Review Committee or Planning Commission,
as the case may be; the applicant shall obtain a building permit. Additional information
related to the building code may be required by the Building Official concerning the
installation ofthe sign. (Ord. 1624, (part), 1993)
17.12.090 Appeals and Exceptions.
Those applicants who wish to appeal a decision by the Director. a decision of the
Design Review Committee or a decision ofthe Planning Commission or who wish to
apply for an exception shall do so under the provisions of Chapters 17.44 and 17.52 of
this title. (Ord. 1624, (part), 1993)
17.12.100 Inspection Requirements.
A. A person erecting, altering or relocating a sign shall notify the Director upon
completion of the work for which permits have been issued to ensure that the sign has
been installed as specified.
B. The Building Inspector or Planner shall have the authority to review the light
intensity of all illuminated signs with the power to require reduction of the light intensity.
to ensure that the sign's illumination does not exceed the illumination standards as
regulated by Section 17.24.190. (Ord. 1624, (part), 1993)
17.1i.l10 Summary of Application Approval Process.
Appendix A-I, Sign Application Approval Process Flow Chart, on file in the office of
the City Clerk and the Planning Department, summarizes the application approval
process. (Ord. 1624, (part), 1993)
17.12.120 Revocation of Sign Approval-Authority.
The Director has the authority to revoke any sign approval originally issued by
him/her. The Planning Commission has the authority to revoke any sign approval issued
by it. (Ord. 1624, (part), 1993)
17.12.130 Grounds for Revocation.
Any sign approval may be revoked on the basis of one or more the following grounds:
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A. Fraud or misrepresentation by the applicant with respect to any information
contained in his or her approved application or with respect to any other information
provided by the city.
B. Failure of the applicant to meet or abide by any condition imposed upon
approval.
C. Failure of the applicant to utilize the approval within one year of its issuance.
D. Abandonment of the sign for a period ofthirty days. (Ord. 1624, (part), 1993)
17.12.140 Hearings-Notice.
Prior to revocation, the Director or the Planning Commission, as the case may be,
shall hold hearings after written notice is provided to the applicant. (Ord. 1624, (part),
1993)
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CHAPTER 17.16: EXEMPT SIGNS
Section
17.16.010 Certain signs exempt from permit requirements.
17.16.010 Certain Signs Exempt from Permit Requirements.
The following signs do not require a permit from the City, providing they comply with
the following regulations:
A. Directory Signs. Directories loca~ed within the interior of a project which are
not oriented to a public street;
B. Garage Sale Signs. Garage sale signs subject to the limitations in Section
17.32.030 and Chapter 5.16 of this code;
C. Governmental Signs. Governmental signs for control of traffic and other
regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public
service companies indicating danger and aids to service or safety; ,I
D. Identification Signs. Identification signs for a business or profession which are
not illuminated, and which are less than two square feet in area, located on portions of a"
building, shopping mall or office complex;
E. Information Signs. Informational or directional signs which are located entirely
on the property to which they pertain, do not advertise a particular business, and are less
than four square feet in area;
F. Temporary Political Signs. Temporary political signs subject to the limitations in
Section 17.32.040;
G. Public Notices. Public notices or posters as legally required by a government
agency;
H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs,
subject to the limitations in Section 17.32.060;
1. Sale, Rent or Leasing Signs. Sale, rent or leasing signs subject to the limitations
in Section 17.32.070;
J. Street Address Numbers. Address numbers in all districts, providing they are not
meant as an advertising mechanism;
K. Logos. Symbols or Insignias. Logos. 8-~ymbols or insignias, commemorative
plaques of recognition and identification emblems ofreligious orders or historical
agencies, provided
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that such signs are placed on or cut into the building, are not internally illuminated, and
do not exceed four square feet in area nine square feet; and
L. Window Signs. Window signs subject to the limitations in Sections 17.24.090
and 17.32.100. One "OPEN" sign not exceeding two square feet and of any materia] may
be placed in a window without penalty towards window coverage limitations.
M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus
shelters.
N. Civic Event Signs. Civic and/or City-sponsored event Si.Q]lS on City property,
O. State and/or Federal Mandated Signs. State and/or federal mandated signs,
including state lottelyand ce11ified smog station signs. (Ord. 1720, (part), 1996;
Ord. ] 624, (part), 1993)
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CHAPTER 17.20: PROHIBITED SIGNS
Section
17.20.010 Prohibited signs designated.
17.20.010 Prohibited Signs Designated.
The following signs are not permitted in the City:
A. Advertising Statuary;
B. Animated Signs. Animated signs except for banners, flags, pennants and
balloons permitted on a temporary basis as regulated in Chapter 17.32, and electronic
readerboard signs as permitted in Section 17.24.150;
C. Audible Signs. Advertising displays which emit audible sound, odor or visible
matter;
D. Off-site Signs. Any off-site sign except as may be permitted in Chapter 17.32;
E. Portable Signs;
F. Roof Signs. Any permanent roof sign;
G. Traffic Conflict Signs. Signs which because of color, wording, design, location
or illumination resemble or conflict with any traffic-control device or with the safe and .
efficient flow of traffic;
H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private
property which is visible from a public right-of-way, which has affixed to it a sign which
is intended to attract or direct customers to a business on or near the property is
prohibited. This subsection is not intended to apply to standard advertising or
identification practices where such advertising displays are painted on or permanently
attached to a business or commercial vehicle which is actively being used by the business
unless the vehicle is in violation of the parking ordinance. (Ord. 1624, (part), 1993)
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CHAPTER 17.24: SIGN REGULATIONS
Section
17.24.010
17.24.020
17.24.030
17.24.040
17.24.050
17.24.060
17.24.070
17.24.080
17.24.090
1 7.24.100
17.24.110
17.24.120
17.24.130
17.24.140
17.24.150
17.24.160
17.24.170
17.24.180
17.24.190
17.24.200
17 .24.210
17.24.220
17.24.230
17.24.240
17.24.250
Intent and applicability of provisions.
Sign program-Required when.
Sign program-Information required.
Signs in special planning districts.
Wall signs-Number of signs permitted.
Wall signs-Commercial and industrial districts.
Wall signs-Office and institutional districts.
Wall sign location.
Permanent window signs.
Ground signs-Number of signs permitted.
Ground signs-Size.
Ground signs-Location.
Ground signs-Information contained.
Ground signs-Gasoline service stations.
Electronic readerboard signs.
Changeable copy signs.
Freeway orientation.
Design criteria.
Illumination restrictions.
Decorative statuary.
Obstructions prohibited.
Signs near residences.
Residential districts-Name plates and street or unit numbers.
Residential districts-Development identification signs.
Construction and maintenance specifications.
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17.24.260 Summary of regulations for signs according to districts.
17.24.270 Beverage container recycling signs.
17.24.010 Intent and Applicability of Provisions.
The regulations in this chapter are intended to govern the number, size, location and
design of signs within various land use districts ofthe City. (Ord. 1624, (part), 1993)
17.24.020 Sign Program-Required When.
A. All developments in a commercial, office, industrial, institutional, or residential
district shall adopt a comprehensive sign program. The sign program shall be filed with
the Director and shall specify standards for consistency among all signs within the
development. All regulations in this chapter shall be used as criteria for developing the
SIgn program.
B. The adoption of a sign program shall be required at the time of the initial
construction of a new project. Existing developments in the City which do not have a
comprehensive sign program shall be required to adopt one when the first tenant in the
proj ect requests a change of face as defined in this title. Thereafter, all subsequent
changes of face in the project shall be required to conform to the adopted program. (Ord.
1624, (part), 1993)
17.24.030 Sign Program-Information Required.
On any commercial, office or industrial site, or building requiring a sign program, the
owner shall submit to the Director a sign program containing the following:
A. An accurate plot plan of the site at such scale as the Director may reasonably
reqUIre;
B. Location of buildings, parking lots, driveways, and landscaped areas on the lot;
C. Computation of the maximum total sign area, the maximum area of individual
signs, the height of signs and the number of freestanding signs;
D. An accurate indication of each present and future signs not exempt by this title;
and
E. Specifications for consistency among all signs with regard to:
1. Color scheme;
2. Sign type (individual channel letters, can sign, wood signs, etc.);
3. Lighting;
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4. Location of each sign on the buildings;
5. Materials;
6. Sign proportions;
7. Any other pertinent information as required by the Director. (Ord. 1624, (part),
1993)
17.24.040 Signs in Special Planning Districts.
Any business regulated by the Monta Vista Design Guidelines or any area regulated
by a specific plan shall be subject to the sign regulations contained within those plans.
(Ord. 1624, (part), 1993)
17.24.050 Wall Signs-Number of Signs Permitted.
A. Except for residential districts, each business with exterior frontage shall be
permitted one wall sign.
B. One additional wall sign shall be permitted under anyone of the following
circumstances, provided there is no more than one wall sign on each side of the building:
1. For businesses which do not have a ground sign and the business is adjacent to
more than one street; or
2. The sign is directed to the interior of the project and not visible from a public
right-of-way. (Ord. 1624, (part), 1993)
17.24.060 Wall Signs-Commercial and Industrial Districts.
A. In retail commercial or industrial districts, wall signs shall not exceed one square
foot of sign area per one foot of the store frontage on which the sign is located. The
length of the sign shall not exceed seventy percent of the store frontage. The length of the
sign shall be detemlined bv the total combined length of each row of COPy on the sign.
Each business shall be allowed a minimum twenty square foot sign. No wall sign shall
be greater than two hundred square feet in area.
B. Where architecturally compatible with the building design, +!he maximum
height of a wall sign is regulated by the following criteria:
I. Eighteen inches for signs set back fifty feet or less from the face of curb~
however, a double row of copy on a wall sign is pennitted if it complies with Section
17.24.060(A) and does not exceed a maximum height ofthiItv-six inches;
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2. Twenty-four inches for signs set back more than fifty feet from the face of curb;
however. a double row of copy is penllitted ifit complies with Section 17.'J4.060(A) and
does not exceed a maximum height of f011y-eightinches:
3. Twenty- four inches for businesses with five thousand square feet or more of
tenant space regardless of the setback; however. a double row of copy is penlliL1ed if it
complies with Section 17.24.060(A) and does not exceed a maximum height off011y-
eigbt inches;
4. Thirty-six inches for businesses with ten thousand square feet or more oftenan!
.0.pace and set back one hundred feet or more n:om the face of curb; however, a double
row of copy is pemlitted if it complies with Section 17.24.060( A) and does not exceed a
maximum hei ght of forty-eight inches;
5. Forty-eight inches for businesses with twenty thousand square feet or more~
tenant space and set back one hundred feet or more from the face of curb.
Table Summarizine: WaU Sie:n Hei1!ht Requirements
Commercial /Industrial < 50 ft. > 50 ft. Min. 100 ft. Min. 100 ft.
Districts setback from setback from setback from setback from
face of curb face of curb face of curb face of curb
or tenant and tenant and tenant
.space of gJace of .space of
5.000 - 10,000 sf - 20.000 sf+
9 999 sf 19,999 sf
Single Row of Sign CORY 18 inches 24 inches 36 inches 48 inches
Double Row of Sign COQY 36 inches 48 inches 48 inches 48 inches
I
Office I Institutiona I < 50 ft. > 50 ft.
District setback from setback from
face of curb face of curb
Single Row of Sign COQi': 18 inches 24 inches
Double Row of Sign CO(2y 36 inches 481nches
"Vhere such wall signs are not architecn.uallv compatible with the building
design, the al2.plicant may al2.ply for a Sign Exception per Chapter 17.44."
See Appendix A-8, Example of Row to Figure Size of Wall Sign, on file in the office
oftbe City Clerk and the Planning Department, for example.
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C. Wall signs that wltiefl are internally illuminated shall be designed in a manner so
that the light source is not directly visible. Neon lighting, whether exposed or visible
through any sign face, and used in the lettering design or accent of any wall sign shall
require approval from the Design Review Committee -l2-lanning Commission. (Drd. 1624,
(part), 1993)
17.24.070 Wall Signs-Office and Institutional Districts.
A. Signs for businesses in an office or institutional district shall not exceed one
square foot of sign area per one linear foot of frontage. Further, each sign shall not
exceed forty square feet and shall not exceed seventy percent of the frontage the business
occupies in the building.
B. Where architecturally compatible with the building design, :t=he maximum height
of a wall sign in an office or institutional district is eighteen inches; however, a double
row of COpy is pernlitted ifit complies with Section 17.24.070(A) and does not exceed a
maximum height of thirty-six inches. Wall signs set back from the face of curb property
ffite more than fifty feet are permitted a maximum stgH height of twenty-four inches;
however, a double row orcopy is permitted ifit complies with Section 17.24.070(A) and
does not exceed a maximum height of forty-eight inches. Where such wall signs are
not architecturally compatible with the building design, the 3fPIicant may a12J2ly
for a Sign Exception per Chapter 17.44." (Drd. 1624, (part), 1993)
17.24.080 Wall Sign Location.
A. Wall signs shall not project above the roof line of the building.
B. Wall signs shall not extend above the top level ofthe wall upon which it is
situated and shall not project more than six feet from a building.
C. No projecting wall sign shall extend into a public right-of-way more than twelve
inches. Any projecting sign shall have a vertical clearance of at least fifteen feet above a
private or public vehicular roadway, alley, driveway or parking area, and at least eight
feet above a sidewalk, pedestrian mall or landscaped area.
D. A wall sign which is an integral part of the face of an architectural projection
shall not project beyond the face ofthe architectural projection more than two feet. (Drd.
1624, (pmt), 1993)
17.24.090 Permanent Window Signs.
A. Permanent window signs, including neon window signs in commercial districts,
may be placed in addition to the allowable wall signs and shall be considered part of the
allowable wall sign area.
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B. The total area of any window obscured by any combination of permanent and
temporary window signs shall not exceed twenty-five percent of the window surface of
each window pane.
C. Each business in a commercial district may be permitted neon window signs
totaling not more than four square feet. Use of neon window signs does not require
Design Review Committee P.lanning Commission review. Neon lighting is prohibited as a
border on a window or storefi:ont, and is not part of a neon window sign.
D. One "OPEN" sign not exceeding two square feet may be permitted without
penalty to the allowable window coverage. (Ord. 1624, (part), 1993)
17.24.100 Ground Signs-Number of Signs Permitted.
Except for residential districts, each site meeting the following criteria shall be
allowed one ground sign.
A. The site has a minimum of one hundred feet of frontage with a combination of
street frontage and building setback totaling one hundred fifty feet. For sites located on a
comer the sign must be located on the street frontage of the site's address.
B. Sites with over five hundred feet of frontage may have one additional sign. A .
development consisting of two or more businesses in one building or a single site with
more than one building shall provide for common usage of the sign. (Ord. 1624, (part),
1993)
17.24.110 Ground Signs-Size.
A. Each ground sign allowed within the city shall be limited to eight feet in height.
The height of a ground sign shall be determined by measuring from the grade ofthe
adjoining closest public sidewalk to the highest portion of the sign, including the trim.
B. The aggregate sign area of all ground signs on a site shall not exceed a total area
equal to one square foot for each four linear feet of street frontage of the site.
C. The aggregate sign area of all ground signs shall not exceed an area of one
hundred square feet.
D. The sign area for "V" shaped signs and signs with more than two faces shall
include the area of all faces of the sign. All other double-faced signs need only count the
larger of the two surfaces into the sign area.
See Appendix A-9, Example of Row to Figure Size and Location of Ground Signs, on
file in the office of the City Clerk and the Planning Department, for example. (Ord.
1624, (part), 1993)
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17.24.120 Ground Signs-Location.
The location of all ground signs shall meet the following criteria:
A. Every ground sign shaH be located wholly on the property for which the use the
sign is advertising is located on.
B. No portion of any ground sign shall be located closer than one foot from the
public right-of-way.
C. No portion of any sign over three feet in height shall be located within a comer
triangle or sidewalk site triangle.
D. No ground sign shaH be located closer than one hundred feet from any other
ground sign on the same property.
E. Ground signs located on interior lots having less than two hundred feet of
frontage shall be positioned within the center fifty percent of the lot frontage. Interior
lots with more than two hundred feet of frontage shall locate ground signs no closer than
fifty feet from a side property line. (Ord. 1624, (part), 1993)
17.24.130 Ground Signs-Information Con~ained.
A. The number oftenant names on a multitenant ground sign is limited to five. For
multi tenant signs in a commercial district only, each tenant name shall not be less than -
six inches in height with a minimum of four-inch space between tenant names. A
shopping center or other multi tenant commercial development with a center name shall
emphasize the name on the sign.
B. Street address numbers or the range of numbers for businesses shall be clearly
displayed on the ground sign for easy visibility by passing motorists. Ifno ground sign
exists the street address number or range shall be clearly displayed on the building.
Street address numbers shall be a minimum of five inches high as required by Section
16.04.050 of the Cupertino Municipal Code. (Ord. 1655, (part), 1994; Ord. 1624, (part),
1993)
17.24.140 Ground Signs-Gasoline Service Stations.
Gasoline service stations are permitted one ground sign regardless of street frontage
with the following criteria:
A. The fuel price sign shall be incorporated into the gasoline service station ground
sign and be computed in the permitted sign area;
B. A second fuel price sign may be attached to the wall of the service station
building facing the public street in instances where a service station is not identified by a
22
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ground sign. The price sign shall be permitted in addition to any building mounted sign
allowed for the site under Section 17.24.050 of this chapter;
C. The number of product prices listed on the ground sign or wall sign display, shall
not exceed six per face. The letter size of the price display shall not exceed the minimum
specifications contained in Section 13532 ofthe California Business and Professions
Code. (Ord. 1624, (part), 1993)
17.24.150 Electronic Readerboard Signs.
Electronic readerboard signs are recognized as an important advertising device for
larger commercial retail centers, but may not be appropriate for all centers as an over
proliferation of these devices may have adverse effects on the community. The Planning
Commission may approve one electronic readerboard sign under the following criteria.
A. An electronic readerboard sign may only be approved for shopping centers
which have twenty tenants or more and a minimum of fifty thousand square feet of gross
floor area.
B. The sign shall not be located closer than five hundred feet from any residential
district on the same street as the sign.
C. The background of the readerboard portion of the sign shall be the same color as
the primary background. Where this is not practical, a shade of the same color or a color
which is complimentary to that ofthe primary background may be considered.
D. The sign shall follow the design criteria as established in Section 17.24.180.
E. The electronic readerboard sign shall be regulated by the same height, size, and
location criteria as ground signs in commercial districts regulated by Sections 17.24.110,
and 17.24.120.
F. Retail shopping centers with an electronic readerboard Sig!lfl shall have restricted
use of special signs as required in Section 17.32.090. (Ord. 1624, (part), 1993)
17.24.160 Changeable Copy Signs.
Changeable copy signs in commercial districts shall be permitted only to the extent
that they conform with and are included in the total sign area permitted for a business in
that district and are deemed necessary to the type of merchandising required by the
particular business. Such signs shall consists of a permanent sign and symbols or letters
made of plastic, metal or computerized material approved by the Director. Chalk,
crudely painted or other improvised lettering shall not be permitted. (Ord. 1624, (part),
1993)
17.24.170 Freeway Orientation.
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A. All signs located within a commercial, industrial, or office district and within six
hundred sixty feet of a "landscaped freeway," measured from the edge of right- of- way,
shall be oriented to the regular street system adjoining the property rather than to an
orientation that is exclusively visible from the freeway. Signs may be oriented to the
freeway, subject to the approval of the Planning Commission.
B. Signs must be intended for company identification purposes only, be building
mounted, and not exceed the size limitations for building mounted signs otherwise
prescribed in this title. Copy content for company identification purposes shall be kept as
simple as possible to avoid excessive clutter and to aid in the legibility ofthe sign's
message.
C. On-site signs of a temporary nature, such as for sale or for lease signs, may be
oriented to the freeway for a limited period of time subject to the restrictions of Section
17.32.070.
D. Only one building mounted sign oriented to a freeway shall be allowed per
business, or per tenant in a building which is occupied by two or more tenants. However,
not more than two freeway-oriented building mounted signs shall be allowed on any
single building or structure at any time, notwithstanding the total number of tenants in the
building or structure. Freestanding signs shall not be allowed for freeway identification
purposes.
E. fu addition the regulations contained in this title, signs not exempted or excluded
by Section 5272 of the State of Cali fomi a Business and Professions Code shall be
regulated by the "Advertisers" chapter ofthat code. (Ord. 1624, (part), 1993)
17.24.180 Design Criteria.
Although the aesthetic appearance of signs is subjective, the City recognizes that
certain basic design guidelines are needed in order to maintain the City's high
quality appearance. The following criteria shall be incorporated into the design of signs.
A. Ground signs shall be either housed in a frame or set onto a base, presenting a
solid, attractive, well proportioned and balanced appearance. The size and shape of the
frame or base shall be proportionate to the size and weight of the sign. Low signs are
generally more appropriate on a base, whereas taller signs are generally more appropriate
in a frame. (See Appendix A-2, Examples of Well Proportioned Signs, Examples of
Signs Not Well Proportioned, on file in the office of the City Clerk and the Planning
Department, for examples.)
B. Ground signs shall be located within a landscaped area proportionate to the size
ofthe sign. Appropriate landscaping should be placed at the base of the sign.
C. Each sign shall be compatible and compliment the architectural style of the
building with which it is principally associated, by incorporating its colors, materials,
24
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shape and design. The sign shall also be compatible with the aesthetic character of the
surrounding developments and neighborhood.
D. Background panels should be consistent in muted colors.
E. Sign copy shall be simple and concise, without excessive description of services
or products.
F. Wall signs shall not project above the eaves ofthe roof or top of parapet.
G. The sign's color and illumination shall not produce distraction to motorists or
nearby residents. (Grd. 1624, (part), 1993)
17.24.190 Illumination Restrictions.
A. ~Neon lighting, whether exposed or visible through any sign face, and
used in any wall or ground sign shall require approval by the Design Review Conmlittee
P-lmming Conmlission.
B. The intensity of illumination for signs located within the commercial, office and
industrial districts shall not exceed approximately two hundred fifty foot-lamberts. All
other districts shall not exceed approximately one hundred foot-lamberts. The foot-
lambert readings shall be used as a guide by staff to evaluate signs which are deemed to
be a problem to passing motorists or residents in the surrounding neighborhood.
C. The color and thickness of the sign panels as well as the brightness ofthe bulbs
used to illuminate the sign shall be designed in such a manner as to avoid excessive
illumination and glare.
D. TIIuminated signs which are not a necessary part of the security lighting system
for a business shall be turned off at 11 :00 p.m. or within two hours after the business is
closed, whichever is the later time.
E. All exterior lighting shall be placed in a manner so that the light source will not
be seen from off the site. (Drd. 1624, (part), 1993)
17.24.200 Decorative Statuary.
Decorative statuary may be permitted in commercial, institutional, industrial and
office districts in conjunction with the overall architectural design of the building, the
landscaping scheme and the sign program for the business. The Design Review
COI1i.mittee P.lanning Commission shall make a determination as to whether a structure is
advertising statuary or decorative statuary, and shall only approve decorative statuary
which is made an integral part of the site design and theme of the use or business. If the
Design Review Committee determines that the decorative statuary is considered fine art.
the Design Review Committee may refer review of the decorative statuary to another
25
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commission. Decorative statuary that is not publicly visible is exempt from the
lli1uirements of this section. (Ord. 1624, (part), 1993)
17.24.210 Obstructions Prohibited.
No sign or other advertising structure shall be erected, relocated or maintained so as to
prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk
or bike path. (Ord. 1624, (part), 1993)
17.24.220 Signs near Residences.
No sign other than those permitted in a residential district shall be located closer than
one hundred feet from any residential districts except if the sign surface is mounted in
such a manner so as not to be visible from any residence within one hundred feet of the
sign. (Ord. 1624, (part), 1993)
17.24.230 Residential Districts-Name Plates and Street or Unit Numbers.
.Each residential unit shall be permitted name plates of two square feet or less and
street or unit numbers. (Ord. 1624, (part), 1993)
17.24.240 Residential Districts-Development Identification Signs.
Developments containing twenty units or more shall be permitted one identification
sign which shall not exceed five feet in height and shall be no greater than thirty-two
square feet per side. Such signs shall be placed adjacent to the major entry ofthe
development. Projects having frontage on more than one street shall be permitted one
such entry sign on each street. Identification signs shall contain only the name and
address of the development. (Ord. 1624, (part), 1993)
17.24.250 Construction and Maintenance Specifications.
A. All signs shall conform to the building and wind load requirements of the
Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the
Cupertino Municipal Code.
B. All signs with internal illumination shall be constructed of noncombustible
materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards,
or other similar institution of recognized standing, and be maintained in satisfactory
condition or be immediately repaired or replaced.
26
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C. All electrical, gas or other utility service and other pertinent fixtures shall be
p laced underground.
D. Guy wires or cable supports used to brace the sign shall not be visible to the
observer.
E. No sign shall be suspended by chains or other devices that will allow the sign to
swing due to wind causing wear on supporting members.
F. All signs shall be maintained in safe, unbroken, and structurally sound manner,
including the replacement or repair of any defective parts, painting, cleaning and any
other work necessary to maintain the sign and any landscape planter associated with the
sign. (Ord. 1624, (part), 1993)
17.24.260 Summary of Regulations for Signs According to Districts.
Appendix A-3, Summary of Sign Regulations According to Districts, on file in the
office of the City Clerk and the Planning Department, summarizes general sign
regulations according to districts. (Ord. 1624, (part), 1993)
17.24.270 Beverage Container Recycling Signs.
A. A dealer of beverages sold in containers which is subject to provisions of the
California Beverage Container Recycling and Litter Reduction Act of 1986 may display
one building mounted single face sign not exceeding ten square feet in area which sets
forth the information concerning a certified recycling center, as described in Sections
14570 and 14571 ofthe Public Resources Code. Such sign shall be allowed in addition to
any other signs allowed for the dealer in accordance with the provisions of this chapter.
B. Signs for certified redemption centers shall be subject to the limitations and
review procedures applicable to the zoning district in which the redemption center is
located. (Ord. 1796, (part), 1998; Ord. 1624, (part), 1993)
27
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CHAPTER 17.32: TEMPORARY SIGNS--REGULATIONS
Section
17.32.010 Temporary signs-Location.
17.32.020 Flags.
17.32.030 Garage sale signs.
17.32.040 Temporary political signs.
17.32.050 Project annopncement signs.
17.32.060 Residential real estate signs.
17.32.070 Sale, rent or leasing signs.
17.32.080 Subdivision directional signs.
17.32.090 Temporary and special event signs and promotional devices.
17.32.100 Window signs.
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
alarm or police telegraph system or upon a lighting system, public bridge, drinking
fountain, street sign, 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 otheIWise 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.
B. Notwithstanding any provision to the contrary described in Section 17.32.01OA
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.
28
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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
adj acent 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 right-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.
6. All parts of the sign shall be set back a minimum of eighteen 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.
7. 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 rights-of-way are encouraged to
notify and seek concurrence of adjacent property owner(s) and resident(s) before placing
temporary signs.
E. The provisions of Section 17.32.010B, C and D shall not be applicable to the
following:
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 ofthe city-owned stanchions
located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue;
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. (Ord. 1926,9 I (part),
2004;Ord. 1796, (part), 1998;Ord. 1755, (part), 1997;Ctrd. 1624, (part), 1993)
29
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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 twenty 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 commercial 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 Section 17.32.090. (Ord. 1926,9 1 (part), 2004; Ord. 1796, (part),
1998; Ord. 1624, (part), 1993)
17.32.030 Garage Sale Signs.
A. Signs advertising a bona fide garage sale activity, as defined in Chapter 5.16 of
the Cupertino 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 1732.010. (Ord. 1926, S 1 (part), 2004;
Ord. 1624, (part), 1993)
17.32.040 Temporary Political Signs.
A. Location. 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:
1. Like all other temporary signs, they are allowed in the public right-of-way
pursuant to Section 17.32.01OA, B, and C;
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. 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 Chapter
30
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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
Section 17.52.040C of this Municipal Code. (Ord. 1926, 9 1 (part), 2004; Ord. 1796,
(part), 1998; Drd. 1755, (part), 1997; Drd. 1655, (part), 1994; Drd. 1624, (part), 1993)
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
proj ect.
C. Each sign shall be no larger than thirty-two 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. (Ord. 1926, 9 1 (part), 2004; Grd. 1624,
(part), 1993)
17.32.060 Residential Real Estate Signs.
A. Subject to the restrictions contained in Section 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 signs
shall not exceed six feet in height and shall be subject to the requirements stated in
Section 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 Section 17.32.060B and Section 17.32.010.
D. Off-Site Open House Signs. Each parcel with a unit for sale is permitted a
maximum of six open house signs subject to the requirements stated in Section
31
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17.32.010. (Ord. 1926, S 1 (part), 2004; Ord. 1886, (part), 2001; Ord. 1720, (part), 1996;
Ord. 1624, (part), 1993)
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 Section 17.32.060 of this chapter.
S. 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 thirty-two 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 subsection C of this section is not displayed concurrently on that
public street frontage. The sign shall be restricted to thirty-two square feet of face area, .
and shall be located and displayed in accordance with the provisions of Section 17.24.080
afthis 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 such off-site signs shall be confined to private property, subject to the
approval and cooperation 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 thirty-two square feet in area per face, nor exceed a height
of six feet. The location of such off-site signs is subject to Section 17.32.010.
F. (1) For sale/rent/lease signs may be installed up to thirty days prior to any
tenant vacancy.
(2) Immediately following the close of sale, rent or lease ofthe 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. (Ord. 1926, 9 1 (part), 2004; Ord. 1720, (part), 1996; Ord. 1624,
(part), 1993)
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
32
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the city. Subdivisions not in Cupertino shall not be permitted subdivision directional
SignS.
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 thirty-two 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 Section
17.32.010.
F. Applications for subdivision directional signs shall include a list of all other
existing signs for the same subdivision, indicating the sign surface area and street
location of each sign. (Ord. 1926, 9 1 (part), 2004; Drd. 1624, (part), 1993)
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 criteria set forth in this section.
A. 1. Each business may be permitted use of one temporary special event sign
subj ect to the tenant schedule in subsections C or D of this section. Each business may
have the use of temporary signs for "a maximum of one hundred twenty days in a calendar
year-'.-but not to exceed-thirty days during any permitted-period-:
granted u maximum oftvr'elve--permits in a caJ.eflfiar year. A minimum period-Bftvm
wcelffi.-sflaJ.l-be required-before a subsequent permit is gr:mted,.
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 five feet in height and 20
!illuare feet per face. with a maximum of two faces. It shall not be set into the ground and
must be removed at the close of business each day. It shall not be located closer than 10
feet fro111 any driveway and/or sidewalk. An accurate reproduction of the sign shall be
submitted as part of the temporary sign aQplication. six feet in height LInd-thirty two
SEj:lar6 f-eet-per face, with a maximum o[t<\'o faces. Portu&le temporary freestandffig
signs, such as ".'\" frame or sundwieh-board signs. may not be set into the ;;rollnd-ilflEl
ffi:ust--be removed-at--the-€-1ose of-business eacfl-.day;
4. A temporary banner shall be building mounted only, shall have only one face not
exceeding one hundred square feet in area, and shall be placed on the building in
33
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accordance with the limitations specified in Section 17.24.080 of this title regarding
clearance and roofline 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 twenty-five feet above the building where the special event is occurring;
e. Meets the tenant schedule in subsections C or D ofthis section.
2. The Director shall review a requested use of any special promotional device, such
as searchlights, hot air balloons, rides, traffic/parking directional signs within the 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 ofthe special promotional or ~emporary
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 Section 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
3 tenants to 6 tenants --1 tenant display or 1
center display
7 tenants to 13 tenants --1 tenant display + 1
center display
14 tenants to 20 --2 tenant dispiays + 1
tenants center display
? 1 tpmmt<:: to ?7 --1 tp.mmt nl~nhv<:: + ?
34
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tenants center displays
28 tenants or more --4 tenant displays + 4
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 --2 center displays
28 tenants or more --4 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 Chapter 17.52 of this Municipal Code, may cause the signs
remaining after expiration of the appropriate five-day period to be removed. (Ord.
1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part),
1993)
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 twenty-five percent of the window surface..Q[
each window pane.
C. Signs within a window shall be considered temporary if they remain on the
window for less than thirty days, and shall not be subject to review. Window signs
intended to remain on display for more than thirty days shall be considered permanent
window signs as regulated by Section 17.24.090. (Ord. 1796, (part), 1998; Ord. 1624,
(part), 1993)
35
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CHAPTER 17.44: SIGN EXCEPTIONS*
Section
17.44.010 Authority.
17.44.020 Application and fee.
17.44.030 Design Review Committee review required.
17.44.040 Findings for an exception.
17.44.050 Action by Design Review Committee.
17.44.060 Conditions for revocation of exception-Notice required.
17.44.070 Exception deemed null and void when-Notification required.
17.44.080 Appeals.
17.44.090 Reports to Planning Commission.
* ,Prior ordinance history: Ords. 1624 and 1655.
17.44.010 Authority.
The Design Review Committee may grant a sign exception in accordance with the
provisions ofthis chapter. (Ord. 1844, S 1 (part), 2000; Ord. 1789, S 1 (part), 1998)
17.44.020 Application and Fee.
An application shall be made in writing to the Design Review Committee on a form
prescribed by the Director. The application shall be accompanied by a nonrefundable
fee, a letter explaining the justification for the exception, and appropriate exhibits as
deemed necessary by the Community Development Director. (Ord. 1789,9 1 (part),
1998)
17.44.030 Design Review Committee Review Required.
A. An exception shall be scheduled for review by the Design Review Committee,
not later than thirty days after filing of application.
B. Mailed written notice ofthe hearing on the sign exception shall be given by the
Director of Community Development to all owners of record of real property (as shown
in the last assessment roll) which abut the subject property, as well as property and its
36
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abutting properties to the left and right, directly opposite the subject property and located
across a street, way, highway or alley. Mailed notice shall include owners of property
whose only
contiguity to the subject site is a single point. Said notice shall be mailed by first class
. mail at least ten days prior to the Design Review Committee meeting in which the
application will be considered. The notice shall state the date, time and place ofthe
hearing. A description of the sign exception shall be included in the notice. If the
Director of Community Development believes the project may have negative effects
beyond the range of the mailed notice, particularly negative effects on nearby residential
areas, the Director, in his discretion, may expand noticing beyond the stated
requirements.
C. Compliance with the notice provisions set forth in this section shall constitute a
good-faith effort to provide notice, and failure to provide notice, and the failure of any
person to receive notice, shall not prevent the City from proceeding to consider or to take
action with respect to an application under this chapter. (Ord. 1844, ~.1 (part), 2000;
Ord. 1789, ~ 1 (part), 1998)
17.44.040 Findings for an Exception.
. .
The Design Review Committee may grant an exception based upon all the following' .
findings:
A. That the literal enforcement of the provisions of this title will result in
restrictions inconsistent with the spirit and intent of this title;
B. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare; and
C. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the purpose.
(Ord. 1844, 9 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998)
17.44.050 Action by Design Review Committee.
The decision made by the Design Review Committee is final unless appealed in
accordance with Section 17.44.080. (Ord. 1844,9 1 (part), 2000; Ord. 1789, S 1 (part),
1998)
17.44.060 Conditions for Revocation of Exception-Notice Required.
In any case where the conditions or limitations to an exception granted have not been
complied with, the Planning Commission may revoke the exception after notice
37
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and hearing in the same manner as defined in Section 17.44.030. (Ord. 1789, 9 I (part),
1998)
17.44.070 Exception Deemed Null and Void When-Notification Required.
In any case where an exception has not been used within one year from the date of
issuance, or if abandoned for a period of thirty days, the exception will automatically
become null and void upon written notice from the Director to the property owner and/or
tenant. (Ord. 1789, ~ I (part), 1998)
17.44.080 Appeals.
A. Any person aggrieved by a decision of the Design Review Committee in the
approval, conditional approval, denial or revocation of an exception for a sign may
appeal such a decision in writing to the Planning Commission City Council.
B. The appeals shall be made within fourteen calendar days of the Design Review
Committee Planning Commission meeting by means of a letter in writing to the Planning
Conm1ission City Couneil stating the grievances.
C. The appeal shall follow the procedul'es asset [011h in Chapter 19.136. except that
Planning Commission will make the final decision on the aQPeal.
same fee as reqHired-fef-aweah; '.lnder Section 1,.9-;-l36.020 o[tlle Cupertino MuniciraJ
Code. .
agenda at the time that other regular items appear. (Ord. 1844, 9 1 (part), 2000; Ord.
1789, 9 1 (part), 1998)
17.44.090 Reports to Planning Commission.
The Director, or designated representative, shall make written reports on all
exceptions granted, denied, or revoked under this chapter. The reports shall be delivered
to the Planning Commission within five calendar days from the date of the decision.
(Ord. 1844, g. 1 (part), 2000; Ord. 1789, g 1 (part), 1998)
38
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CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT
Section
17.52.010 Interpretation and enforcement of provisions.
17.52.020 Nonconforming signs.
17.52.030 Abandoned or discontinued signs.
17.52.040 Illegal signs-Notice required-Summary removal authorized when.
17.52.050 Storage of removed signs.
17.52.060 Owner responsible for removal, alteration or relocation costs.
17.52.070 Illegal signs-Deemed public nuisance-Court action authorized.
17.52.080 Violation deemed infraction-Penalty.
17.52.090 Appeals from decisions ofthe Director.
17.52.010 Interpretation and Enforcement of Provisions.
The Director is empowered to interpret and enforce the provisions and requirements of
this title and to remove or cause to be removed any sign or other advertising structure
which has been constructed, erected, altered, relocated or maintained in violation oftrus".
title. Such"powers include but are not restricted to provisions and procedures set forth in
the following sections of this chapter. Decisions by the Director in relation to this title
may be appealed by the Planning Commission set forth in Section 17.52.090. (Ord.
1624, (part), 1993)
17.52.020 Nonconforming Signs.
A. A nonconforming sign, unless made to conform to the provisions of this title,
may not be structurally altered, expanded, moved, modified in any way, be reestablished
after:
I. Discontinuance for ninety days or more; or
2. Damage or destruction of more than fifty percent.
B. Any nonconforming sign which was legally erected in accordance with the
provisions of the ordinance in effect at the time of erection, or which has a valid permit
from the City, shall be permitted to remain until such time as:
1. There is a change in the use of the property that the sign is located on;
39
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2. There are alterations or enlargements to the site or building on the property in
excess of twenty-five percent or more ofthe existing site or building. The amount of
alterations shall be cumulative over time; or
3. There is a change of face constituting fifty percent or more of the existing total
sign face area at anyone time; expansion, movement or modification ofthe sign. A
change of face of a single tenant name panel constituting less than fifty percent of the
total existing sign face area in a multi tenant sign shall not constitute grounds for
modification of a nonconforming sign.
C. At such time as any of the events mentioned in subsections A and B occur, the
sign must be brought into conformance with this title. Any business with a
nonconforming sign shall not be entitled to an additional sign unless the nonconforming
sign is made to comply with the provisions of this title. (Ord. 1624, (part), 1993)
17.52.030 Abandoned or Discontinued Signs.
Any sign which pertains to a business or occupation which is no longer using the
particular sign or property, or which relates to a time which no longer applies, constitutes
false advertising. The structure and copy shall be blanked out or removed within thirty
days after the associated business, occupation or event has vacated the premises. An
abandoned sign is prohibited and the removal shall be the responsibility of the owner of.
the sign or the owner 0 f the premises. (Ord. 1624; (part), 1993)
17.52.040 Illegal Signs-Notice Required-Summary Removal Authorized When."
A. If the Director finds that any permanent sign or other advertising structure has
been constructed, erected, altered, relocated or maintained in violation of any of the
provisions of this title or any other pertinent ordinance of the City, the Director shall in
writing inform the owner and the tenant ofthe property on which the sign or structure is
located that the sign or structure must be removed within ten days of receipt of the notice,
or an application must be made to the Director for sign approval. Failure to take the
required action shall result in a criminal or civil sanction as provided by law.
B. If the Director finds that any temporary sign or advertising device is in violation
of this title or any other
pertinent ordinance of the City, the Director shall notify the owner of, or tenant using the
sign in person or writing that the sign shall be immediately removed.
C. If the Director finds that any sign or other advertising structure, whether
conforming with the ordinance or not, is an immediate peril or menace to the public, or to
any person, the Director shall cause it to be summarily removed. Upon removal, the
Director shall give written notice to the owner. (Ord. 1624, (part), 1993)
40
f-tf-1
17.52.050 Storage of Removed Signs.
Any sign removed by the Director shall be stored in the City corporation yard and may
be claimed within thirty days after the sign was removed, provided that any cost incurred
by the City has been paid, and that a renewal of the building permit for the sign has been
secured. If signs are not claimed within thiliv days after removal by the City. the City
shall dispose ofthe signs. (Ord. 1624, (part), 1993)
17.52.060 Owner Responsible for Removal, Alteration or Relocation Costs.
Any cost incurred by the City in the removal, alteration or relocation of any sign
pursuant to the provisions of this title or any other pertinent ordinance of the City shall be
paid by the owner or person having beneficial enjoyment of the property upon which
such sign is located. (Ord. 1624, (part), 1993)
17.52.070 Illegal Signs-Deemed Public Nuisance-Court Action Authorized.
In the event any person should erect, alter, relocate or maintain a sign in violation of
the provisions of this title, the sign shall be con~idered a public nuisance and the City
Attorney is authorized to bring and prosecute an action in a court of competent . , , .
jurisdiction to enjoin such person from continuing such violation. The procedures for
nuisance abatement are contained in Chapter 1.09 of this Municipal Code. (Ord. 1624, .
(part), 1993)
17.52.080 Violation Deemed Infraction-Penalty.
Any person, firm or corporation violating any provisions ofthis title shall be deemed
guilty of an infraction, and upon conviction thereof. shall be punished in the same manner
as other infractions provided under Chapter 1.12 of this Municipal Code. (Ord. 1624,
(part), 1993)
17.52.090 Appeals from Decisions of the Director.
A. The applicant, aggrieved by a decision of the Director to order the removal of a
sign, may appeal such order or decision to the Planning Commission.
B. The appeal shall be made in writing, accompanied by the same information,
application and fee required for other applications made to the Planning Commission.
C. Upon filing the appeal, the item shall be placed on the Planning Commission
agenda and reviewed in accordance with the adopted procedures of the Planning
Commission.
41
I-L.{e,
D. The decision by the Planning Commission shall be final unless appealed in the
same manner as required in Section 17.44.080. COrd. 1624. (part). 1993)
42
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Cupertino Planning Commission
2
April 25, 2006
Keith Murphy, Cupertino resident:
. Expressed his concern about the recent finalization of the 2006-2007 city fee schedule,
particularly the new $500 fee placed on the reconsideration ordinance. He pointed out that it
amounted to a 5000% increase as there was no prior fee.
. He said he felt it would affect the civil rights of many residents in the community who may
plan on challenging the City Council's decisions on merit grounds.
. He asked if the Planning Commission could request the City Council to rescind the $500 fee
and ask the city attorney if it is an impact on the civil rights. Being that it is a mandated
process, any individual would have to go through reconsideration before going to litigation.
. He said it suggests that if the resident cannot afford the $500 they would not be able to seek
reconsideration, regardless of merit.
CONSENT CALENDAR: None
PUBLIC HEARING:
1. M CA-200S-02 Municipal Code Amendment of Title 17 (Signs)
City of Cupertino
Various Property Owners
Location: Citywide
Ms. AId Bonda, Senior Planner presented the staff report:
. Reviewed the background of the sign ordinance as outlined in the staff report.
. In response to the Commission's comments from the March 28, 2006 Study Session, the city
mailed out citywide notices regarding the public hearing. Notices were also sent out to the
Chamber of Commerce which includes all members of the Chamber of Commerce, the Rotary
Club, the Silicon Valley Association of Realtors, and also the previous sign exception
applicants who applied between December 2003 and the present.
. She reviewed the Commissioners' comments as outlined in the staff report.
. Clarification has been added to the definition for wall signs to enhance the defmition to
include signs on structures that are attached to buildings and canopy structures.
. Relative to Chapter 17.24, staff is recommending the 5 inch minimum letter height, as it is a
building and fire department requirement for addresses on buildings. Public Safety has also
agreed to the requirement.
. There were not any cities that allow a certain percentage of additional sign area for bilingual
signs. It would be the Planning Commission's decision on how much they would recommend.
. Staff recommends that the Commission hear public input at the meeting to determine ifthere is
Commission agreement on specific sign amendments; to provide staff with additional
direction; and based on the city attorney's suggestion, make no recommendation on the
bilingual signage section of the ordinance until the city attorney has had sufficient time to
investigate the legal aspects.
Ms. Eileen Murray, Assistant City Attorney:
. Stated that the entire ordinance has to be reviewed by the city attorney's office. She said that
there are unfamiliar areas ofthe ordinance which requires legal research relative to current
case law and they have only had two days to review the ordinance.
. She suggested that the item be continued for six weeks so that general counsel can provide
legal input to the Commission, as it involved more than just bilingual signs.
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Cupertino Planning Commission
3
April 25, 2006
Vice Chair Giefer:
. Referred to Page 20 of the ordinance, Section 17.24.090, and stated there appeared to be a
conflict between Paragraph A and Paragraph C relative to the use of neon in a window sign.
Ms. Honda:
. Clarified that neon lighting not used as an advertising form, but merely placed to show lighting
around a window was not considered window signage, and would be prohibited.
Vice Chair Giefer:
. Referred to decorative statuary and questioned why the Planning Commission and not the Fine
Arts Commission would review the statuary. She asked staff if they wanted to reconsider it
and bring it back to the Commission at a later time.
. She said if it was advertising art work, the Planning Commission should review it; however, a
different commission might be appropriate to make the determination on decorative statuary.
. Referred to Section 17.32.50 of the ordinance regarding remodeling, re-roofing, etc. relative to
contractors displaying temporary signs announcing the name ofthe contractor performing the
remodeling or construction job. She questioned whether it should be added to the ordinance
for consideration. She said she was not opposed to it.
. Asked for clarification of appeals period, whether it was ten days or fourteen days.
. She questioned whether there should be an abandonment clause in the ordinance.
. She requested clarification on the time period for owners retrieving signs taken down by the
city and stored.
Ms. Honda responded to Vice Chair Giefer's questions:
. Said that staff could look into the issue of contractors displaying temporary advertising signs,
i.e., "This renovation completed by XYZ Company".
. Appeal period - Some are ten day periods and some are fourteen days. Staff can address the
issue further.
. Abandonment clause - Staff can address the issue further. She said it may be appropriate to
discuss the issue with the city attorney.
. Relative to retrieving signs that the city has taken down, she said that currently the sign owner
has 30 days to retrieve their sign after the city has removed the illegal sign. Code Enforcement
is suggesting the time period be lengthened to 90 days, giving the sign owner more time to
claim the sign from the city.
Vice Chair Giefer:
. Said she was puzzled why the city would want to store the illegal sign for an additional two
months.
. She said that she felt an additional two weeks or 45 days was a more reasonable storage time,
not 90 days.
Mr. Jung:
. Explained that the business owner may have expended a certain amount of money for the sign
and is interested in recovering it. Code Enforcement may also have some difficulty in
contacting the perpetrator, the sign owner. He said it sometimes happens that realtors forget
where they put signs up and take a longer time to retrieve them.
. He said the Code Enforcement Division could be contacted to ask how they arrived at the 90
day period.
Com. Wong:
. Commented that it would be difficult for the city to dispose of the signs. He said it would be
I-51
Cupertino Planning Commission
4
April 25, 2006
better that they pay the fine and pick up the sign rather than Code Enforcement disposing of it
because there will be a cost involved for the city.
Com. Chien:
. He stated that the Chamber of Commerce requested the Planning Commission to review the
ordinance with respect to the enforcement oftemporary signs. He said there were temporary
signs place throughout the city, and have been displayed much longer than they should have.
. He said the city does not have the capability with resources and code enforcement to go
around and tell the businesses that the signs have been displayed too long.
. He said there were other implications in the revisions such as window signs cannot cover more
than 25 % of the window. He commented that there was at least one business in the
community that would be in violation ofthat regulation.
. He asked Aki ifthey have talked to code enforcement and if they have, what they said with
respect to their ability to enforce some of these laws.
Ms. Honda:
. Said that Code Enforcement has the ability; however, there are only four code enforcement
officers in the city, and they are limited in terms of being able to cover the entire city. Many
times there are confined to doing it on a complaint basis only.
Ms. Murray: .
. She said that the city attorney's office oversees code enforcement. A new officer has been
hired whose duties include sign enforcement; and he stated that there are many complaints
about the high fee for temporary signs. She said they would be meeting to discuss other issues
that have arisen in his dealings with business owners and their signs.
. Relative to other issues that Code Enforcement raised, such as animated sigris, if it is going to
be enforced, it must be contained in the code.
Chair MiUer:
. Asked staff to clarify why it was being proposed that English be included on all signs, as he
felt the business owners should have the right to advertise in any language they chose.
Ms. Honda:
. Responded that the requirement of English was a public safety measure for the police and fITe
department to be able to identify the business and the location.
Vice Chair Giefer:
. Said that she was the Commissioner who originally suggested the requirement of English on
signs. She clarified that it was for fire department and police department emergencies, in the
event a caller had to report on their location or the name of a business that required their
services. It was for the purposes of quick identification of the location.
Chair Miller:
. Said that the legal staff would be addressing the issue in terms of whether it is reasonable or
not reasonable.
Ms. Murray:
. She referred to businesses such as La Hacienda, La Maisson, and La Boulangerie and
questioned whether it would require them to put "The Baker". If it is characters, it may not be
understood; perhaps they could put the name in the language. She said they would research
that further.
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Cupertino Planning Commission
5
April 25, 2006
. Said that there is no case law specific to foreign language signs, and it was a safety issue of
having an address prominently displayed in English; 2204 Stevens Creek Boulevard would not
be written in character
Vice Chair Giefer:
. Clarified that their concern was with a non-Greek based alphabet; and statement that generally
people do not know the address of where the crisis is happening.
Chair MiUer:
. Said that since the address is on the building and is in English, it should suffice.
Com. Wong:
. Said he agreed that the address should be prominently placed on the building which would be
the primary locator that one could describe where and between what two streets.
. He cited an example of a business in West San Jose that has a sign in Konji and one in
English. There is a reason for marketing purposes to have it one way in English and another
way in Kanji; in the event of an emergency, once can say "I am in so and so place", and
people would also know it in English in another way.
. Said it needs more review from the legal department, you relative to first amendment rights, as
well as practicality for staff to look at it.
. He said his concern was having it in other languages to provide more flexibility for businesses
to advertise. He said that general counsel and staffwill bring the issue back with more
feedback.
Ms. Honda:
. Said that the fire department and police department that the English signs would be helpful.
The fire department said they have not had any instances where they have had problems
identifying businesses because the sign is in a different language.
. Confirmed that staff was recommending a reduction in size of temporary signs to not exceed
six feet in height and 24 square feet per face.
Com. Saadati:
. Asked if there had been in the past any cost recovery for signs that the city held. He said the
cost recovery may exceed the cost of the sign and therefore people will not try to recover their
SIgnS.
Mr. JUBg:
. Said that because of staffmg problems, the sign enforcement has not been as aggressive as it
had been in the past. He pointed out about two years ago that the Code Enforcement staff
were reassigned to perform some of the community duties that were originally done by the
Sheriffs department. He recalled that when they were fully staffed, there was not a large
accumulation of signs.
. He said he would contact Code Enforcement to ascertain if they did fee recovery in the past, or
if there were storage problems with temporary signs.
Ms. Honda:
. Said that Code Enforcement staff would address the Commission when the item was
reagendized.
Chair Miller opened the public hearing.
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Cupertino Planning Commission
6
April 25, 2006
Rick Guerra, General Manager, Park Place Restaurant, Cupertino:
. Said that in the future, they would be submitting a proposal for a new building sign that would
level the visual playing field of their business. He said he felt they were at a competitive
disadvantage as their present sign was barely visible because their location was off the
intersection, and was dwarfed by the trees and the hotel.
. He emphasized that visibility as well as accessibility are key elements to their business, and he
wanted to learn more about the process.
. Said he did not know the exact size of the sign as the sign company was in the process of
making a draft of it. He said the letters are about 12 to 18 inches high, with some other letters
about 10 inches high. He said that the company was aware of the Cupertino sign ordinance
and is basing their estimates on the ordinance.
Jennifer Griffin, Rancho Rinconada resident:
. Discussed the importance of signs to a city and said that because of Cupertino's ordinance,
there were good examples of active retail signs appropriate for the city.
. She said she hoped that with ordinance changes, they would continue to have signs of
harmonious nature to Cupertino. "
. She said it was wise to have limits on how and where to put signage in buildings; and
suggested for buildings that are for lease, not to have advertising on every window.
. She said she hoped that businesses offering products of an etlmic nature would have English in
their titles so that the curious residents would patronize their shops.
Maria Streeby, General Manager, Cypress Hotel:
. Said that the Cypress Hotel location is visible from far away; however, the ground signs or
monument signs on the perimeter of the location do not provide appropriate directional
signage. Having only one monument sign on the location does limit the customers.
. She said that they receive numerous complaints from people having a difficult time fmding
Park Place Restaurant and the Cypress Hotel.
. She said it would benefit the business to add a monument sign so that customers driving down
either Stevens Creek or De Anza would be able to see the entrance before it appears.
Annadillo Willy's blocks the entrance, and the blue sign is not visible at night. It also reminds
them of the big hospital H so they don't think they are approaching the entrance.
. She said either a lighted monument sign or a higher sign so that their customers can see where
to go on both Stevens Creek and"De Anza.
Christine Giusiana, CEO, Cupertino Chamber of Commerce:
. Said the city asked the Chamber to assist in the revision of the sign ordinance.
. Outreach has included sending out postcards to chamber members; meeting with the new Code
Enforcement officer; an article in the Chamber business newsletter asking for input and
awareness of the permitting process; and meeting with city staff members to determine which
areas would be best served at this time.
. Areas that need to be addressed include bilingual signage, the temporary signage, wall sign
height, ground signs, neon signs, sign exceptions, window signs, illumination, and the general
streamlining of the permitting process. It is on the May 6th agenda for the Legislative Action
Committee to look over the current sign ordinance.
. She said she anticipated that in time they would look over the recommendation changes and be
able to make the recommendations both to the Planning Commission and to staff, first going
through their Board of Directors. She said that at this time, she did not know what the
timeframe would be.
, --St.j
Cupertino Planning Commission
7
April 25, 2006
. She said the Legislative Action Committee may want to form a subcommittee, but she hoped
they could conclude in a timely matter and return to the Planning Commission in the near
future.
. Asked if current signs that have been up for many years would be grandfathered in because of
the ordinance change. If a business was required to be bilingual and it is currently in
characters only, would it be grandfathered in or would the owner have to apply for a new sign?
Mr. Jung:
. Said that all legal signs that become nonconforming are considered legal nonconforming and
are grandfathered in.
Ty Bash, General Manager, Happy Days Child Development Center:
. Thanked the Planning Commission for keeping in mind that the business community is a
important part of living in Cupertino. It provides a lot of services to the people who live in the
city of Cupertino.
. Relative to temporary signs, he said he was pleased that consideration was being given to
allowing the businesses to display the signs for a period of 120 days.
. He added that each business may be granted a maximum of twelve permits in a calendar year,
which was stricken out from the ordinance.
. He suggested that with the possible removal of the requirement of removing the sign every
thirty days, the fee be reduced from $161 as it is a high amount for a business trying to bring in
new business.
. He noted that the childcare center had a fence surrounding the property and they were hopeful
that the ordinance would still allow posting of temporary signs on fences.
. Said an example of a temporary sign that would need to be displayed for 120 days would be
the advertisement for the registration for the next academic year which begins in September.
The registration begins in April and the sign is displayed in April for up to four months.
Chair Miller closed the public hearing.
Com. Sadaati:
. Said he looked forward to hearing the attorney's comments, but was disappointed that more
public input was not received. He asked if notices were sent to certain businesses.
Ms. Honda:
. Reported that notices were mailed citywide and to various agencies and clubs, and 500
members of the Chamber were noticed as well.
Com. Saadati:
. Said he felt the modifications were reasonable and he did not have a strong opinion on any of
them. He added that with the Chamber coming back, it would provide another change to
comment.
Vice Chair Giefer:
. Said her comments were based on the sign exceptions that have come to the Design Review
Committee over the past two years as well as the public testimony received during the sign
ordinance.
. Said she felt they were on the right track and staff's recommendation was fairly complete. She
said in the beginning she did not have a good understanding of the temporary sign ordinance
and the discussion has been informative.
1-55
Cupertino Planning Commission
8
April 25, 2006
. Expressed concern that if they allow larger signs for multi-lingual signs that it will give an
unfair advantage or show bias towards people who would prefer to have the multi-lingual
signs. It speaks to the example if you have La Patisserie or El Torito or something similar and
they want to include the translation. Is it giving them an opportunity to come back and ask for
a 25% larger sign area because they have an English translation? It needs to addressed both
ways because there maybe some freedom of speech issues.
. Said she was concerned about the safety issue addressed by the fire and police departments
during the safety training. They indicated a preference to include or make mandatory some
description of what the name of the business is in English for safety purposes.
. She said she did not support putting a 9 foot logo unattached from the sign name on the side of
a building without approval. It does not mean they would not approve it, but they need to have
control and not develop a sign program that potentially could get out of control.
. Said it was similar to the sign program that was part of the Marketplace. There were good
reasons why it was appropriate to give them extra signs and larger signs in certain cases; but
drew the line at the size of the sign because they wanted to make sure it made sense for the
development.
. Said she would support sign programs for a building or a development that enhances the
business; however, focus should remain on the fact that Cupertino is a suburban area.
Although they want the businesses to be successful, they don't want the residents
uncomfortable with the signs by cheapening the city.
. Said she felt they were 90% there.
. Said there were some key elements that she would not support in the sign ordinance as
presented; and she was interested in what the city attorney would bring back.
Com. Chien:
. Said the reason that they were going to continue the sign ordinance discussion is at the request
of the city attorney to have more time to consider the issue.
. He said it would prove to be worthwhile as some areas of the Planning Commission discussion
may not necessarily conform to laws in place.
. He said he looked forward to the city attorney's future report.
Com. Wong:
. Said the goal is to make Cupertino more business friendly and have the ordinance streamlined
so that it is easier for the businesses to get the necessary permits.
. Agreed that they need to review the fee structure for temporary signs to come up with a fair
solution and make it business friendly.
. Suggested more flexibility with monument signs, to allow more for a shopping center or parcel
such as Promethius where there is an apartment building, restaurant and some other
businesses. The size of the sign should be proportional so that patrons are able to see the
building.
. Relative to his suggestion that monument signs be raised higher than 8 feet, he cited the
example of the McClellan Shopping Center with Long Drugs and Albertsons, where the
monument sign is 12 feet, and is legal but not conforming. If a sign was at four feet or twelve
feet and is done correctly and harmonious as a speaker suggested, with the suburban character,
it should be permitted as long as it goes through the process of staff, and the DRC; it can
always be appealed through the Planning Commission, ultimately to the City Council.
. For service industries such as hotels or hospitals where they need directional signs, it may
need more than two or three signs. It should be determined on what kind of business it is.
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Cupertino Planning Commission
9
April 25, 2006
. Said he had no further comments until the city attorney presents her report in six weeks. He
said he felt they were headed in the right direction, and that they would likely receive helpful
input from the Chamber also.
Chair Miller:
. Said they were moving in the right direction; and would like to get more input. He said he
would not comment on specific points, but reiterated that the purpose of the sign ordinance is
to identify the businesses to their customers and their potential customers; and to make it
business friendly for a business to obtain signage that helps identify his business.
. The balance is to have a sign ordinance that controls the amount of signage so that the city
does not appear to be in a cluttered manner.
. Said he was looking forward to the next meeting when the city attorney has more information
and they hear from the Chamber of Commerce as well.
Motion:
Motion by Com. Wong, second by Com. Saadati, to continue Application MCA-
2005-02 to the June 27, 2006 Planning Commission meeting.
(Vote: 5-0-0)
OLD BUSINESS: None
NEW BUSINESS
. Consider holding a study session on North Vallco Master Plan on May 19,2006.
Mr. Jung:
. Said that staff had no further comments; however, he said that it would be helpful to mow if
Apple Computer was in a position to divulge if they had acquired or are in the process of
acquiring the nine properties identified. He noted that residents of the Hampton Apartments
and some Santa Clara residents were expressing anxiety about whether of not the properties
were purchased.
. He said that staff would contact Apple to get more information.
Discussion ensued regarding a convenient date and time to schedule the meeting. The suggestion
was made to begin a Study Session at 5:45 p.m. to be followed by the regular meeting at 7:45 p.m.
Chair Miller opened the meeting for public comment.
Ms. Griffin:
. Said she was pleased there would be more input on North Vallco IndustriaV Tech Park area.
. She was pleased that Apple announced that they were going to purchase property along
Pruneridge Avenue, Tantau Avenue and-280, and she hoped the land would be held as
industriaVtech park area. Cupertino has a long history of tech and it is important to keep that
influence in the city.
. She said that every indication is that the job market is booming back, the unemployment rate
was lower than even anticipated for this area. She commended Apple for taking the time to
look back at its roots and to give back to Cupertino by having another campus for Apple in
Eastern Cupertino. Apple gave a lot to Cupertino and Cupertino owes a lot to Apple. She said
she hoped that the partnership continues for many years.
Chair Miller closed the public input portion of the meeting.
I - 5'/
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
MCA-2005-02
City of Cupertino
Various
City-wide
Agenda Date: April 25, 2006
Summary: Municipal Code Amendment of Title 17 (Signs)
RECOMMENDATION
Staff recommends that the Planning Commission:
. Provide direction to staff on proposed amendments to the Sign Ordinance.
BACKGROUND
On March 28,2006, the Planning Commission held a study session to review the City's
current Sign Ordinance. The Planning Commission requested that notices be sent to
applicants who applied for sign exceptions within the past 18 months to hear their
comments on the Sign Ordinance and processes. The City sent notices to these
previous applicants, but no responses were received. During the study session, the
Commission provided several suggestions for possible amendments to the. City's Sign
Ordinance, particularly related to bilingual signage, temporary signs and sign height.
The following is a list of the Commission's comments: .
Public Outreach
o Provide as much public outreach and obtain as much public input as possible.
o Notice the Cupertino Chamber of Commerce (all members), Silicon Valley
Association of Realtors, Rotary Oub and previous sign exception applicants of
future study sessions and public hearings.
Bilingual Signa~
o Accommodate opportunities for bilingual signage.
o Provide additional sign area allowances for bilingual signage.
o Provide options on how bilingual signage can be accommodated.
o Ensure that all signs include English for public safety purposes.
Temporary Signs
o Remove the two-week break between installation of a temporary SIgn to
streamline the permit process.
o Review fees for temporary signs.
I'.S~
MCA-2005-02 - Title 17, Signs
April 25, 2006
Page 2
Wall Sign Heigh!
o Allow stacking of letters on wall signs without a sign exception process.
o Allow wall signs based upon proportionality to the building so that signs
complement and are architecturally compatible with the building.
o Allow larger logo signs without requiring a sign exception.
Ground Signs
o Consider whether taller ground signs should be allowed for larger commercial
centers.
Neon Signs
o Allow neon signs to be reviewed and approved/ denied by the Design Review
Committee rather than the Planning Commission to streamline the process.
Sign Exceptions
o Clarify the process for sign exceptions per Chapter 17.44, particularly the
appeals section.
Window Signs
o Declutter window signs.
nlumination
o Consider prohibiting lighting that projects upward.
General
o Streamline the sign permit process.
The Commission also heard from a member of the public who asked that the City
provide harmonious signs for businesses and keep in mind the suburban nature of the
City when approving signs.
DISCUSSION
. As a result of the Planning Commission's comments, staff has drafted a Model
Ordinance including staff's recommendations for amendments to the ordinance. Also
included in the Model Ordinance are reconunendations by the City's Code
Enforcement Division and minor clean up items to further clarify the ordinance. In
some cases, staff did not incorporate the Commission's comments. These comments
were excluded at this time until there is additional clarification on the intent of the
changes (see discussion on page 5). The proposed changes, as outlined below, are
underlined and deleted text is struck through in the Model Ordinance.
,~5q
MCA-200S-02 - Title 17, Signs
Apri125,2006
Page 3
Citywide notices were mailed out, and notices were sent to the Cupertino Chamber of
Conunerce (all members), Silicon Valley Association of Realtors, Rotary Club and
previous sign exception applicants since December 2003.
Chapter 17.04 (General Provisionsl
o No changes are proposed.
Chapter 17.08 (Definitions).
o Under Section 17.08.010, add "blowing or air-powered attractions, signs held by.
a person, and advertising costumes worn by a person" as types of " Animated
sign."
o Under Section 17.08.010, enhance the "Wall sign" definition to include signs on
"a structure attached to a building and canopy structures."
o Staff is recommending minor grammatical changes throughout this section,
replacing "which" with "that" where appropriate.
Chapter 17.12 (Administrative Procedures 1
o No changes are proposed.
Chapter 17.16 (Exempt Si~
o Under Section 17.16.010(K), increase allowable logo sign size from four square
feet to nine square feet.
o Under Section 17.16.010(N), add definition for Civic Event Signs.
o Under Section 17.16.010(0), add definition for State and/or Federal Mandafed
Signs.
Chapter 17.20 (Prohibited Siwl
o No changes are proposed.
Chapter 17.24 (Sign Regulations),
o Section 17.24.42, Bilingual Signs, has been added. Staff has included language to
allow up to a 25% increase in allowable sign area for wall signs with non-
English language. Additionally, language has been added to require an English
translation or description that is a minimum of 5 inches in height on a bilingual
SIgn.
Option: The Commission may wish to consider an alternative percentage for an
increase of allowable sign area.
I..-~O
MCA-2005-02 - Title 17, Signs
April 25, 2006
Page 4
o Section 17.24.060(A) has been modified to clarify that the length of a sign shall
be determined by the total combined length of each row of copy on a sign. This
clarification has been added to accommodate stacking of letters on wall signs.
o Section 17.24.060(B) has been modified to allow stacking of letters on wall signs
in Commercial and Industrial Districts. Staff is reconunending that the stacking
of letters not exceed forty-eight inches in height. This section has also been
amended to clarify that set backs are taken from the face of curb.
D Section 17.24.060(C) has been amended to designate the Design Review
Committee to be the final determining body for neon wall signs as opposed to
the Planning Commission, in an effort to streamline the process. Additionally, a
clarification is made that neon lighting that is visible through any sign face is
subject to Design Review Committee approval.
o Section 17.24.070(B) allows for stacking of letters in Office and Institutional
Districts for consistency with the Commercial and Industrial Districts section.
o Section 17.24.090 (B) clarifies that window signs shall not cover more than 25%
of each window pane.
D Section 17.24.090(C) clarifies that neon lighting used as a border on a window
or storefront is not considered a neon window sign and is, therefore, prohibited.
o Section 17.24.150(F) corrects a spelling error from "sigh" to "sign."
o Section 17.24.190(A) provides consistency with Section 17.24.060 ( C) to
designate the Design Review Committee as the final determining body for neon
wall signs.
Chapter 17.32 (Temporary Sign - Regulationsl
o Section 17.32.090(A) deletes the requirement for a two-week break in between
installations of a temporary sign and the requirement for a maximum number of
twelve permits per calendar year.
o Section 17.32.090(A3) has been modified to provide more specific standards for
portable freestanding temporary signs, such as A-frame signs, than is currently
provided in the ordinance.
o Section 17.32.100 clarifies that window signs shall not cover more than 25% of
each window pane.
Chapter 17.44 (fugn Exceptionsl
o Section 17.44.080 has been amended to clarify the appeals process for sign
exceptions. Changes include clarifying that appeals of the Design Review
Committee shall be made to the Planning Commission and that the Planning
Commission shall make final actions on the appeal, unless the Planning
Commission action is appealed to the City Council.
I,L,l
MeA-lOOS-02 - Title ]7, Signs
April 25, 2006
Page 5
Chapter 17.52 (Compliance and Enforcementl
o Section 17.52.050 has been modified to increase the period signs removed by the
City may be claimed. The amendment allows for signs to be claimed within
ninety days after sign removal. The current ordinance requires signs to be
claimed within thirty days after sign removal. The amendment also states that
the City will dispose of any signs that are not claimed within the 90 day period
after removal.
The Commission's comments needing additional clarification include:
o Review of fees for temporary signs
o General comments on streamlining the sign permit process
o Determining sign size and area based upon proportionality to "the building
o Considering whether taller ground signs should be allowed
o Prohibiting upward projecting lighting.
Staff requests additional direction on how to proceed with these subjects prior to
drafting language for the Model Ordinance.
Prepared by:
Approved by:
Aki Honda, Senior Planner
Steve Piasecki, Director of Community Developme
Attachments
Exhibit A - Draft Model Ordinance, Title 17, Signs
Exhibit B - Minutes of the March 28, 2006 Planning Commission meeting
Exhibit C - Staff Report of March 28, 2006, including attachments
G:\Planning\PDREPORT\pcMCAreports\ApriI 25, 2006 - Sign Ordinance Study Session.doc
,-&~
EXHIBIT A
Proposed text is underlined. Deleted text is struck
throuQ!1.
DRAFT MODEL ORDINANCE
TITLE 17: SIGNS*
Chapter
17.04 General Provisions
17.08 Definitions
17.12 Administrative Procedures
17.16 Exempt Signs
17.20 Prohibited Signs
17.24 Sign Regulations
17.32 Temporary Signs-Regulations
17.44 Sign Exceptions
17.52 Compliance and Enforcement
* Prior Ordinance History: Ords. 746, 894, 1208, 1320 and 1414.
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CHAPTER 17.04: GENERAL PROVISIONS
Section
17.04.010 Short title.
17.04.020 Purpose and intent.
17.04.030 Savings clause.
17.04.010 Short Title.
Ordinance 1624~ codified in Chapters 17.04 through 17.54 of this title, shall hereafter
be known and cited as the "sign ordinance." (Ord. 1624, (part), 1993)
17.04.020 Purpose and Intent.
A. The City of Cupertino is a suburban community interested in providing a
mixture of commercial, industrial and residential land uses which reside together. The
general welfare of the citizens as well as the economic stability of the City is dependent
on maint::lining a peaceful coexistence between the various uses. The purpose of the sign
ordinance is to identify and enhance businesses while maintaining the aesthetic
appearance of the City.
B. A sign is recognized as a vital ingredient in the free trade process upon which the
City is dependent. A good sign program will provide information to the public
concerning a particular business or use and will serve the visual and aesthetic desires of
the comnlUnity. The goal is to create a visual environment that will:
1. Enhance the effectiveness of the signs;
2. Provide for the necessary competition;
3. Insure the public safety;
4. Increase the convenience of the citizen; and
5. Maintain the identification and individual character of each business.
C. With these goals in mind, the City has adopted this title~ which is intended to:
1. Provide architectural and aesthetic hannony of signs as they relate to building
design and surrounding landscaping;
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2. Provide regulations of sign size, height and quantity which will allow for good
visibility for the public and the needs of the business while providing for the safety of the
public by minimizing distraction to the motorist and pedestrian;
3. Provide for sign regulations that will be compatible with the building, siting, and
the land uses the signs are intended to identify;
4. Provide for maintenance of existing signs and aprogram for bringing
nonconforming signs into conformance with the standards of this title as changes are
made to the signs or businesses;
5. Provide procedures which will facilitate the efficient processing of sign
applications; and
6. Provide design criteria which will promote attractive and effective signs for
Cupertino residents, businesses, employees and visitors. (Ord. 1624, (part), 1993)
17.04.030 Savings Clause.
The changes provided for in Ordinance 1755 shall not affect any offense or act
committed or done or any penalty or forfeiture incurred or any right established or
accruing before the effective date of Ordinance 1755; nor shall it affect any prosecution,
suit or proceedirig pending or any judgment rendered prior to the effective date of
Ordinance 1755, April 21, 1997. (Ord. 1755 , (part), 1997)
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CHAPTER 17.08: DEFINITIONS
Section
17.08.010 Definitions.
,
17.08.0] 0 Definitions.
"Advertising statuary" means a structure or device of any kind or character for
outdoor advertising purposes which displays or promotes a particular product or service,
but without name identification.
"Alteration" means any permanent change to a sign.
"Animated sign" means any sign which projects action, motion or the illusion thereof,
changes intensity ofillurnination or changes colors, including the likes of balloons,
banners and flags, blowing or air-powered attractions. signs held by a person. and
advertising costumes worn bv a person. but excluding electronic readerboard signs and
signs that whieft display the current time or temperature.
"Architectural projection" means any permanent extension from the structure of a
building, including the likes of canopies, awnings and fascia.
"Banner" means a temporary advertising display consisting of fabric, canvas, plastic
or paper material which is attached to a building, vehicle, pole or other form of support.
"Building frontage" means the length or the surface of the building wall which faces,
and is visible to the general public from, a public right-of-way.
"Changeable copy sign" means any sign, or portion thereof, which provides for each
manual changes to the visible message without changing structural surfaces, including the
likes of theater marquees and gasoline service station price signs, but excluding
electronic readerboard signs and signs which display the current time or temperature.
"Change of face" means any changes to the letter style, size, color, background, or
message.
"Commercial district" means an area of land designated for commercial use in the
current Cupertino General Plan.
"Community organization" means a nonprofit organization based in the City and
whose activities benefit the City, its residents, employees, or businesses located therein.
"Comer lot" means a lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street lines.
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"Corner triangle" means a triangular-shaped area of land adjacent to an intersection of
public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2
and 7-4. Unobstructed views over these areas are essential to the public safety for
bicyclists, motorists and pedestrians. (See Appendix A-5, Cupertino Standard Detail 7-2;
Comer Triangle--Controlled Intersections, and A-6, Cupertino Standard Detail 7-4;
Comer Triangle-- Uncontrolled Intersections, both on file in the office of the City Clerk
and the Planning Department, for details.) .
"Decorative statuary" means any structure or device of any kind or character placed
solely for aesthetic purposes and not to promote any product or service.
"Directional sign" means any sign which primarily displays directions to a particular
area, location or site.
"Director" means the Director of Community Development for the City or any
authorized representative thereof.
"Directory sign" means any outdoor listing of occupants of a building or group of
buildings.
"Electronic readerboard sign" means an electronic sign intended for a periodically-
changing advertising message.
"Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other entity.
"Flag lot" means a lot having access to a street by means of a driveway or parcel of .
land not otherwise meeting the requirements of Title 19 of the Cupertino Municipal Code
for lot width.
"Foot-lambert" means a unit measurement of the brightness oflight transmitted
through or reflected from an object or surface.
"Freeway" means any public roadway so designated by the State of California. All
freeways in the City are considered "landscaped freeways."
"Freeway oriented sign" means any sign which is located within six hundred sixty feet
and visible from a freeway right-of-way as defined by Section 5200 of the California
Business and Professions Code.
"Garage sale signs" means any sign used for advertising a garage or patio sale as
defined in Chapter 5.16 of the Cupertino Municipal Code.
"Gasoline service station" means any place of business which offers for sale any
motor vehicle fuel to the public.
"Ground sign" means any sign permanently affixed to the ground and not supported
by a building structure.
"Identification sign" means any sign whose sole purpose is to display the name ofthe
site and the names of the occupants, their products or their services.
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"illegal sign" means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the
time of the erection of the sign or advertising statuary or which was not installed with a
valid permit from the City.
"illuminated sign" means any sign utilizing an artificial source of Ught to enhance its
visibility.
"Industrial district" means all ML districts and any other zoning classifications which
are consistent with the industrial designation of the Cupertino general plan.
"Informational sign" means any sign which promotes no products or services, but
displays service or general information to the public, including the likes of hours of
operation, rest room identifications and hazardous warnings.
"Institutional district" means all BQ, PR, FP, and BA districts and other zoning
classifications and uses which are considered institutional in nature and are consistent
with the institutional or quasi-public designation of the general plan.
"Interior lot" means a lot other than a comer lot.
"Nonconforming sign" means any sign or advertising statuary thai wffieh was legally
erected and had obtained a valid permit in conformance with the ordinance in effect at the
time of the erection of the sign but which became nonconforming due to the adoption of
the ordinance codified in this title.
"Obsolete sign" means any sign that whiefl displays incorrect or misleading
information, promotes products or services no longer available at that site or identifies
departed occupants.
"Off-site sign" means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster panels,
painted bulletins and other similar advertising displays.
"Office district" means those buildings or groups of buildings for which the permitted
uses are professional offices, is within an OA zone or which are designated for offices on
the general plan.
"On-site sign" means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which the
sign is maintained.
"Pennant" means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire, or string, usually in a
series, designed to move in the wind.
"Political sign" means a temporary sign that wffieft encourages a particular vote in a
scheduled election and is posted prior to the scheduled election.
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"Portable sign" means any sign not permanently attached to the ground or a structure
on the premises it is intended to occupy. This definition shall not include A- frame signs,
sandwich signs and any other advertising structure so defined.
"Project announcement sign" means any temporary sign that wffieh displays
information pertinent to a current or future site of construction, including the likes of the
project name, developers, owners and operators, completion dates, availability and
occupants.
"Projecting sign" means any sign other than a wall sign that wh-ic-b is attached to and
projects from a structure or building face or wall.
"Real estate sign" means a temporary sign indicating that a particular premises is for
sale, lease or rent.
"Residential district" means the RI, RHS, R2, R3, RIC, A, and Al zoning
classifications which are consistent with the residential designation ofthe Cupertino
general plan.
"Roof sign" means a sign erected between the lowest and highest points of a roof.
"Shopping center" means a retail entity encompassing three or more tenants within a
single building or group of buildings, but within which individual business located in
defined tenant spaces are owned and managed separatel y from the shopping center
management.
"Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard
Detail 7-6. (See Appendix A-7, Cupertino Standard Detail; Sidewalk Site Triangle
(Sidewalk. Clearance at Driveway), on file in the office of the City Clerk and the Planning
Department.)
"Sign" means any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose of, or
identify the purpose of a person or entity, to communicate information of any kind to the
public.
"Sign Area." The sign area ofan individually lettered sign without background is
measured by enclosing the entire sign with a set of parallel vertical and horizontal lines.
The sign area of a sign with borders and/or background is measured by a single
continuous perimeter enclosing the exterior limits ofthe border or background. The
necessary supports and uprights, or the base on which such sign is placed, shall be
excluded from the sign area. When a sign is separated by thirty-six inches or more, the
area of each part may be computed separately.
"Site" means a piece of land as shown on a subdivision map, record of survey map or
assessor's parcel map, which constitutes one development site and which may be
composed of a single unit of land or contiguous units under common ownership, control,
or development agreement.
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"Special event" means a temporary promotional event including, but not limited to, a
special sale on merchandise or services, or grand openings.
"Street address sign" means any sign that wfl.i.e.h displays only the street address
number(s) of the site and, at the option ofthe property owner, the street name.
"Street frontage" means the length of a site along or fronting on a street or other
principal thoroughfare, but does not include such length along an alley, watercourse,
railroad right-of~way or limited access roadway or freeway.
'Temporary sign" means any sign displayed for infrequent and limited time periods.
"Trim" means the molding, battens, cappings, nailing strips, lattice and platforms
which are attached to the sign.
"V-shaped signs" means any sign consisting of two vertical faces, or essentially
vertical faces. with one common edge and which appears as the letter V when viewed
directly from above.
"Vehicle sign" means a sign painted on or attached to an operable or movable vehicle;
in the case of motor vehicles, "operable" shall be defined as having a valid license plate.
"Wall sign" means any sign that wJ:H.eft is attached, erected or painted on a structure
attached to a building, a canopy structure, or the exterior wall of a building with the
exposed face of the sign parallel to the wall.
"Window sign" means any sign displayed in or painted on a window facing a public
street, parking lot, pedestrian plaza or walkway accessible to the public. Displayed in
means a sign that wffieh is clearly intended to be visible from an adjacent street. (Ord.
1624. (part), 1993)
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CHAPTER 17.12: ADMINISTRATIVE PROCEDURES
Section
17.12.01.0 Conformity with provisions required.
17.12.020 Permit-Required.
17.12.030 Signs requiring Planning Commission review.
17.12.040 Application-Form and contents.
17.12.050 Application-For new development-Timing.
17.12.060 Application-Review criteria.
17.12.070 Sign modification-Authority.
17.12.080 Permit-Issuance by Building Division-Installation information.
17.12.090 Appeals and exceptions.
17.12.100 Inspection requirements.
17.12.110 Summary of application approval process.
17.12.120 Revocation of sign approval-Authority.
17.12.130 Grounds for revocation.
17.12.140 Hearings-Notice.
17.12.010 Conformity with Provisions Required.
It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless
made to comply with the provisions of this title. (Ord. 1624,(part), 1993)
17.12.020 Permit-Required.
All signs which are not exempted by Chapter 17.16 require a sign permit to be
approved by the Director. The Director shall review and submit to the applicant a
decision within thirty calendar days from receiving an application for a sign. (Ord. 1624,
(part), 1993)
17.12.030 Signs Requiring Planning Commission Review.
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Electronic readerboard signs, freeway oriented signs, decorative statuary and exposed
neon lighting used in wall or ground signs shall require approval from the Planning
Commission prior to the Director issuing a sign permit. Permitted neon window signs do
not require Planning Commission approval. In regard to these signs only, the Planning
Commission's decision is final unless appealed in accordance with Section 17.44.080.
The Planning Commission shall use the criteria as established in Sections 17.24.150,
17.24.170, 17.24.190, and 17.24.200 for review of those signs. (Ord. 1624, (part), 1993)
17.12.040 Application-Form and Contents.
An application for sign approval shall be made on a form specifying type, number of
exhibits and filing fees by the Director and shall be signed by the property owner or a
duly authorized agent. The application shall contain information regarding the size, color
and samples, illumination intensity and type, materials, number, location, type of signs,
and the location of the business on the site and any other additional information as may
be deemed necessary by the Director. (Ord. 1624, (part), 1993)
17.12.050 Application-For New Development-Timing.
The application for sign approval or a conceptual sign program for a new development
shall be made in conjunction with the review of the use permit for the entire project in
order that the design of the signs be taken into consideration at the time of architectural
and site planning. (Ord. 1624, (part), 1993)
17.12.060 Application-Review Criteria.
The Director or the Planning Commission, as the case may be, shall review the sign
application to ensure:
A. That the proposed sign meets the requirements of this title or any special
conditions imposed in the development by the Planning Commission, or City Council;
and
B. That the proposed sign's color and illumination is not in conflict with the safe
flow of traffic on the City streets. (Ord. 1624, (part), 1993)
17.12.070 Sign Modification-Authority.
The Director or Planning Commission, as the case may be, shall have authority to
require modification of the sign to ensure that it meets the criteria stated in Section
17 .12.060. (Ord. 1624, (part), 1993)
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17.12.080 Permit-Issuance by Building Division-Installation information.
Upon approval by the Director or Planning Commission, as the case may be, the
applicant shall obtain a building permit. Additional information related to the building
code may be required by the Building Official concerning the installation of the sign.
(Ord. 1624, (part), 1993)
17.12.090 Appeals and Exceptions.
Those applicants who wish to appeal a decision by the Director or a decision of the
Planning Commission or who wish to apply for an exception shall do so under the
provisions of Chapters 17.44 and 17.52 of this title. (Ord. 1624, (part), 1993)
17.12.100 Inspection Requirements.
A. A person erecting, altering or relocating a sign shall notify the Director upon
completion of the work for which permits have been issued to ensure that the sign has
been installed as specified. .
B. The Building Inspector or Planner shall have the authority to review the light
intensity of all illuminated signs with the power to require reduction of the light intensity
to ensure that the sign's illumination does not exceed the illumination standards as
regulated by Section 17.24.190. (Ord.1624,(part), 1993)
17.12.110 Summary of Application Approval Process.
Appendix A-t, Sign Application Approval Process Flow Chart, on file in the office of
the City Clerk and the Planning Department, swnmarizes the application approval
process. (Ord. 1624, (part), 1993)
17.12.120 Revocation oeSign Approval-Authority.
The Director has the authority to revoke any sign approval originally issued by
himlher. The Planning Commission has the authority to revoke any sign approval issued
by it. (Ord. 1624, (part), 1993)
17.12.130 Grounds for Revocation.
Any sign approval may be revoked on the basis of one or more the following grounds:
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A. Fraud or misrepresentation by the applicant with respect to any information
contained in his or her approved application or with respect to any other information
provided by the city.
B. Failure of the applicant to meet or abide by any condition imposed upon
approval.
C. Failure of the applicant to utilize the approval within one year of its issuance.
D. Abandonment ofthe sign for a period ofthirty days. (Ord. 1624, (part), 1993)
17.12.140 Hearings-Notice.
Prior to revocation, the Director or the Planning Commission, as the case may be,
shall hold hearings after written notice is provided to the applicant. (Ord. 1624, (part),
1993)
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CHAPTER 17.16: EXEMPT SIGNS
Section
17.16.010 Certain signs exempt from permit requirements.
17.16.010 Certain Signs Exempt from Permit Requirements.
The following signs do not require a permit from the City, providing they comply with
the following regulations:
A. Directory Signs. Directories located within the interior of a project which are
not oriented to a public street;
B. Garage Sale Signs. Garage sale signs subject to the limitations in Section
17.32.030 and Chapter 5.16 of this code;
C. Governmental Signs. Governmental signs for control of traffic and other
regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public
service companies indicating danger and aids to service or safety; .
D. Identification Signs. Identification signs for a business or profession which are
not illuminated, and which are less than two square feet in area, located on portions of a
building, shopping mall or office complex;
E. Information Signs. Infonnational or directional signs which are located entirely
on the property to which they pertain, do not advertise a particular business, and are less
than four square feet in area;
F. Temporary Political Signs. Temporary political signs subject to the limitations in
Section 17.32.040;
G. Public Notices. Public notices or posters as legally required by a government
agency;
H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs,
subject to the limitations in Section 17.32.060;
1. Sale, Rent or Leasing Signs. Sale, rent or leasing signs subject to the limitations
in Section 17.32.070;
J. Street Address Numbers. Address numbers in all districts, providing they are not
meant as an advertising mechanism;
K. Logos. Symbols or Insignias. Logos. ,s~bols or insignias, commemorative
plaques of recognition and identification emblems of religious orders or historical
agencies, provided
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that such signs are placed on or cut into the building, are not internally illuminated, and
do not exceed four square feet in area nine square feet; and
L. Window Signs. Window signs subject to the limitations in Sections 17.24.090
and 17.32.100. One "OPEN" sign not exceeding two square feet and of any material may
be placed in a window without penalty towards window coverage limitations.
M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus
shelters.
No Civic Event Sl,gns. Civic andJor City-sponsored event signs on City property.
O. State and/or Federal Mandated Signs. State and/or federal mandated signs.
including state lottery and ce11ified smog station sil!Ils. (Ord. 1720, (part), 1996;
Ord. 1624, (part), 1993)
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CHAPTER 17.20: PROHIBITED SIGNS
Section
17.20.010 Prohibited signs designated.
17.20.010 Prohibited Signs Designated.
The following signs are not permitted in the City:
A. Advertising Statuary;
B. Animated Signs. Animated signs except for banners, flags, pennants and
balloons permitted on a temporary basis as regulated in Chapter 17.32, and electronic
readerboard signs as permitted in Section 17.24.150;
C. Audible Signs. Advertising displays which emit audible sound, odor or visible
matter;
D. Off-site Signs. Any off-site sign except as may be permitted in Chapter 17.32;
E. Portable Signs;
F. Roof Signs. Any permanent roof sign;
G. Traffic Conflict Signs. Signs which because of color, wording, design, location
or illumination resemble or conflict with any traffic-control device or with the safe and
efficient flow of traffic;
H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private
property which is visible from a public right-of-way, which has affixed to it a sign which
is intended to attract or direct customers to a business on or near the property is
prohibited. This subsection is not intended to apply to standard advertising or
identification practices where such advertising displays are painted on or permanently
attached to a business or commercial vehicle which is actively being used by the business
unless the vehicle is in violation of the parking ordinance. (Ord. 1624, (part), 1993)
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CHAPTER 17.24: SIGN REGULATIONS
Section
17.24.010
17.24.020
17.24.030
17.24.040
17.24.042
17.24.050
17.24.060
17.24.070
17.24.080
17.24.090
17.24.100
17.24.110
17.24.120
17.24.130
17.24.140
17.24.150
17.24.160
17.24.170
17.24.180
17.24.190
17.24.200
17.24.210
17.24.220
17.24.230
17.24.240
Intent and applicability of provisions.
Sign program-Required when.
Sign program-Information required.
Signs in special planning districts.
Bilingual Signs
Wall signs-Number of signs permitted.
Wall signs-Commercia1 and industrial districts.
Wall signs-Office and institutional districts.
Wall sign location.
Permanent window signs.
Ground signs-Number of signs permitted.
Ground signs-Size.
Ground signs-Location.
Ground signs-Information contained.
Ground signs-Gasoline service stations.
Electronic readerboard signs.
Changeable copy signs.
Freeway orientation.
Design criteria
lllumination restrictions.
Decorative statuary.
Obstructions prohibited.
Signs near residences.
Residential districts-Name plates and street or unit numbers.
Residential districts-Development identification signs.
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17.24.250 Construction and maintenance specifications.
17.24.260 Summary of regulations for signs according. to districts.
17.24.270 Beverage container recycling signs.
17.24.010 Intent and Applicability of Provisions.
The regulations in this chapter are intended to govern the number, size, location and
design of signs within various land use districts of the City. (Ord. 1624, (part), 1993)
17.24.020 Sign Program-Required When.
A. All developments in a commercial, office, industrial, institutional, or residential
district shall adopt a comprehensive sign program. The sign program shall be filed with
the Director and shall specify standards for consistency among all signs within the
development. All regulations in this chapter shall be used as criteria for developing the
SIgn program.
B. The adoption of a sign program shall be required at the time of the initial
construction of a new project. Existing developments in the City which do not have a
comprehensive sign program shall be required to adopt one when the first tenant in the
project requests a change of face as defined in this title. Thereafter, all subsequent
changes of face in the project shall be required to conform to the adopted program. (Ord.
1624, (part), 1993)
17.24.030 Sign Program-Information Required.
On any commercial, office or industrial site, or building requiring a sign program, the
owner shall submit to the Director a sign program containing the following:
A. An accurate plot plan of the site at such scale as the Director may reasonably
reqUIre;
B. Location of buildings, parking lots, driveways, and landscaped areas on the lot;
C. Computation of the maximum total sign area, the maximum area of individual
signs, the height Of signs and the number of freestanding signs;
D. An accurate indication of each present and future signs not exempt by this title;
and
E. Specifications for consistency among all signs with regard to:
1. Color scheme;
2. Sign type (individual channel letters, can sign, wood signs, etc.);
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3. Lighting;
4. Location of each sign on the buildings;
5. Materials;
6. Sign proportions;
7. Any other pertinent information as required by the Director. (Ord. 1624, (part),
1993)
17.24.040 Signs in Special Planning Districts.
Any business regulated by the Monta Vista Design Guidelines or any area regulated
by a specific plan shall be subject to the sign regulations contained within those plans.
(Ord. 1624. (part). 1993)
17.24.42
Bilio2ual Si@
A. Any si.gn that contains non-English language shall provide either an English
. translation or a general description of the type of bus mess activity in English on
the sign. The English language portion of the sign shall be a minimum of 5
inches in hei ght.
B. Anv wall sign that contains non-English language is pennitted up to a 25%
increase in allowable sign area.
17.24.050 Wall Signs-Number of Signs Permitted.
A. Except for residential districts. each business with exterior frontage shall be
permitted one wall sign.
B. One additional wall sign shall be permitted under anyone of the following
circumstances, provided there is no more than one wall sign on each side of the building:
1. For businesses which do not have a ground sign and the business is adjacent to
more than one street; or
2. The sign is directed to the interior of the project and not visible from a public
right-of-way. (Ord. 1624, (part). 1993)
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17.24.060 Wall Signs-Commercial and Industrial Districts.
A. In retail commercial or industrial districts, wall signs shall not exceed one square
foot of sign area per one foot of the store frontage on which the sign is located. The
length of the sign shall not exceed seventy percent of the store frontage. The length of the
sign shall be detemlined by the total combined length of each row of COPy on the sign.
Each business shall be allowed a minimum twenty square foot sign. No wall sign shall
be greater than two hundred square feet in area.
B. The maximum height of a wall sign is regulated by the following criteria:
1. Eighteen inches for signs set back fifty feet or less from the face of curb;
however, a double row OrCOpy 011 a wall sign is pemlitted i[it complies with Section
17.24.060fA) and does not exceed a maximmn height of thirty-six inches;
2. Twenty-four inches for signs set back more than fifty feet fl.-om the face of curb;
however, a double row of COPy is pelll1itted ifit complies with Section 17.24.060(A) and
does not exceed a ma.ximum height of forty-eight inches;
3. Twenty-four inches for businesses with five thousand square feet or more of
tenant space regardless of the setback; however, a double row of copy is pemritted if it
complies with Section 17.24.060(A) and does not exceed a maximmn height offorty-
eight inches;
4. Thirty-six inches for businesses with ten thousand square feet or more oftenaut
~pace and set back one hundred feet or more from the face of curb; however. a double
row of copy is pemlitted ifit complies with Section l7.24.060fA) and does not exceed a
maximum height of forty-eight inches:
5. Forty-eight inches for businesses with twenty thousand square feet or more of
tenant space and set back one hundred feet or more from the face of curb.
See Appendix A-8, Example of How to Figure Size of Wall Sign, on file in the office
of the City Clerk and the Planning Department, for example.
C. Wall signs that wffiefi are internally illuminated shall be designed in a manner so
that the light source is not directly visible. Neon lighting. whether exposed or visible
through any sign face. and used in the lettering design or accent of any wall sign shall
. require approval from the Design Review Committee Plnnning Commission. (Ord. 1624,
(part), 1993)
17.24.070 Wall Signs-Office and Institutional Districts.
A. Signs for businesses in an office or institutional district shall not exceed one
square foot of sign area per one linear foot of frontage. Further, each sign shall not
exceed forty square feet and shall not exceed seventy percent of the frontage the business
occupies in the building. .
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B. The maximum height of a wall sign in an office or institutional district is
eighteen inches~ however. a double row of copy is pennitted if it complies with Section
J 7.24.070(A) and does not exceed a maximum height of thirty-six inches. Wall signs set
back from the face of curb ~ more than fifty feet are permitted a maximum
stgn height of twenty-four inches~however, a double row of COPy is permitted ifit
complies willl Section 17 .24.070(A) and does not exceed a maximum hei ght of fort y-
ei ght inches. (Ord. 1624, (part), 1993)
17.24.080 Wall Sign Location.
A. Wall signs shall not project above the roofline of the building.
B. Wall signs shall not extend above the top level of the wall upon which it is
situated and shall not project more than six feet from a building.
C. No projecting wall sign shall extend into a public right-of-way more than twelve
inches. Any projecting sign shall have a vertical clearance of at least fifteen feet above a
private or public vehicular roadway, alley, driveway or parking area, and at least eight
feet above a sidewalk, pedestrian mall or landscaped area.
D. A wall sign which is an integral part of the face ofan architectural projection
shall not project beyond the face of the architectural projection more than two feet. (Ord.
1624, (part), 1993)
17.24.090 Permanent Window Signs.
A. Permanent window signs, including neon window signs in commercial districts,
may be placed in addition to the allowable wall signs and shall be considered part of the
allowable wall sign area.
B. The total area of any window obscured by any combination of permanent and
temporary window signs shall not exceed twenty-five percent of the window surface of
each window -pane.
C. Each business in a commercial district may be permitted neon window signs
totaling not more than four square feet. Use of neon window signs does not require
Design Review Committee P-lanning Commissiall review. Neon lighting is prohibited as a
border on a window or storefront. and is not palt of a neon window sign.
D. One "OPEN" sign not exceeding two square feet may be permitted without
penalty to the allowable window coverage. (Ord. 1624, (part), 1993)
17.24.100 Ground Signs-Number of Signs Permitted.
Except for residential districts, each site meeting the following criteria shall be
allowed one ground sign.
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A. The site has a minimum of one hundred feet of frontage with a combination of
street frontage and building setback totaling one hundred fifty feet. For sites located on a
comer the sign must be located on the street frontage of the site's address.
B. Sites with over five hundred feet of frontage may have one additional sign. A
development consisting of two or more businesses in one building or a single site with
more than one building shall provide for common usage of the sign. (Ord. 1624, (part),
1993)
17.24.110 Ground Signs-Size.
A. Each ground sign allowed within the city shall be limited to eight feet in height.
The height of a ground sign shall be determined by measuring from the grade of the
adjoining closest public sidewalk to the highest portion ofthe sign, including the trim.
B. The aggregate sign area of all ground signs on a site shall not exceed a total area
equal to one square foot for each four linear feet of street frontage of the site.
C. The aggregate sign area of all ground signs shall not exceed an area of one
hundred square feet.
D. The sign area for "V" shaped signs and signs with more than two faces shall
include the area of all faces of the sign. All other double-faced signs need only count the
larger ofthe two surfaces into the sign area.
See Appendix A-9, Example of How to Figure Size and Location of Ground Signs, on
file in the office of the City Clerk and the Planning Department, for example. (Ord.
1624, (part), 1993)
17.24.120 Ground Signs-Location.
The location of all ground signs shall meet the following criteria:
A. Every ground sign shall be located wholly on the property for which the use the
sign is advertising is located on.
B. No portion of any ground sign shall be located closer than one foot from the
public right-of-way.
C. No portion of any sign over three feet in height shall be located within a comer
triangle or sidewalk site triangle.
D. No ground sign shall be located closer than one hundred feet from any other
ground sign on the same property.
E. Ground signs located on interior lots having less than two hundred feet of
frontage shall be positioned within the center fifty percent ofthe lot frontage. Interior
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lots with more than two hundred feet of ftontage shall locate ground signs no closer than
fifty feet from a side property line. (Ord. 1624, (part), 1993)
17.24.130 Ground Signs-Information Contained.
A. The number oftenant names on a multi tenant ground sign is limited to five. For
multi tenant signs in a commercial district only, each tenant name shall not be less than
six inches in height with a minimum offour-inch space between tenant names. A
shopping center or other multi tenant commercial development with a center name shall
emphasize the name on the sign.
B. Street address numbers Of the range of numbers for businesses shall be clearly
displayed on the ground sign for easy visibility by passing motorists. If no ground sign
exists the street address number or range shall be clearly displayed on the building.
Street address numbers shall be a minimum of five inches high as required by Section
16.04.050 of the Cupertino Municipal Code. (Ord. 1655, (part), 1994; Ord. 1624, (part),
1993)
17.24.140 Ground Signs-Gasoline Service Stations.
Gasoline service stations are permitted one ground sign regardless of street frontage
with the following criteria:
A. The fuel price sign shall be incorporated into the gasoline service station ground
sign and be computed in the permitted sign area;
B. A second fuel price sign may be attached to the wall of the service station
building facing the public street in instances where a service station is not identified by a
ground sign. The price sign shall be permitted in addition to any building m()unted sign
allowed for the site under Section 17.24.050 ofthis chapter;
C. The number of product prices listed on the ground sign or wall sign display, shall
not exceed six per face. The letter size of the price display shall not exceed the minimum
specifications contained in Section 13532 of the California Business and Professions
Code. (Ord. 1624, (part), 1993)
17.24.150 Electronic Readerboard Signs.
Electronic readerboard signs are recognized as an important advertising device for
larger commercial retail centers, but may not be appropriate for all centers as an over
proliferation of these devices may have adverse effects on the community. The Planning
Commission may approve one electronic readerboard sign under the following criteria.
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A. An electronic readerboard sign may only be approved for shopping centers
which have twenty tenants or more and a minimum of fifty thousand square feet of gross
floor area.
B. The sign shall not be located closer than five hundred feet from any residential
district on the same street as the sign.
C. The background of the readerboard portion of the sign shall be the same color as
the primary background. Where this is not practical, a shade of the same color or a color
which is complimentary to that of the primary background may be considered.
D. The sign shall follow the design criteria as established in Section 17.24.180.
E. The electronic readerboard sign shall be regulated by the same height, size, and
location criteria as ground signs in commercial districts regulated by Sections 17.24.110,
and 17.24.120.
F. Retail shopping centers with an electronic readerboard sigLlli shall have restricted
use of special signs as required in Section 17.32.090. COrd. 1624, (part), 1993)
17.24.160 Changeable Copy Signs.
Changeable copy signs in commercial districts shall be permitted only to the extent
that they conform. with and are included in the total sign area permitted for a business in
that district and are deemed necessary to the type of merchandising required by the
particular business. Such signs shall consists of a permanent sign and symbols or letters
made of plastic, metal or computerized material approved by the Director. Chalk,
crudely painted or other improvised lettering shall not be permitted. COrd. 1624, (part),
1993)
17.24.170 Freeway Orientation.
A. All signs located within a commercial, industrial, or office district and within six
hundred sixty feet of a "landscaped freeway," measured from the edge of right-of- way,
shall be oriented to the regular street system adjoining the property rather than to an
orientation that is exclusively visible from the freeway. Signs may be oriented to the
freeway, subject to the approval ofthe Planning Commission.
B. Signs must be intended for company identification purposes only, be building
mounted, and not exceed the size limitations for building mounted signs otherwise
prescribed in this title. Copy content for company identification purposes shall be kept as
simple as possible to avoid excessive clutter and to aid in the legibility ofthe sign's
message.
C. On-site signs of a temporary nature, such as for sale or for lease signs, may be
oriented to the freeway for a limited period oftime subject to the restrictions of Section
17.32.070.
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D. Only one building mounted sign oriented to a freeway shall be allowed per
business, or per tenant in a building which is occupied by two or more tenants. However,
not more than two freeway-oriented building mounted signs shall be allowed on any
single building or structure at any time, notwithstanding the total number of tenants in the
building or structure. Freestanding signs shall not be allowed for freeway identification
purposes.
E. In addition the regulations contained in this title, signs not exempted Of excluded
by Section 5272 of the State of California Business and Professions Code shall be
regulated by the "Advertisers" chapter of that code. (Ord. 1624, (part), 1993)
17.24.180 Design Criteria.
Although the aesthetic appearance of signs is subjective, the City recognizes that
certain basic design guidelines are needed in order to maintain the City's high
quality appearance. The following criteria shall be incorporated into the design of signs.
A. Ground signs shall be either housed in a frame or set onto a base, presenting a
solid, attractive, well proportioned and balanced appearance. The size and shape ofthe
frame or base shall be proportionate to the size and weight ofthe sign. Low signs are
generally more appropriate on a base, whereas taller signs are generally more appropriate
in a frame. (See Appendix A-2, Examples of Well Proportioned Signs, Examples of
Signs Not Well Proportioned, on file in the office of the City Clerk and the Planning
Department, for examples.)
B. Ground signs shall be located within a landscaped area proportionate to the size
of the sign. Appropriate landscaping should be placed at the base of the sign.
C. Each sign shall be compatible and compliment the architectural style of the
building with which it is principally associated, by incorporating its colors, materials,
shape and design. The sign shall also be compatible with the aesthetic character of the
surrounding developments and neighborhood.
D. Background panels should be consistent in muted colors.
E. Sign. copy shall be simple and concise, without excessive description of services
or products.
F . Wall signs shall not proj ect above the eaves of the roof or top of parapet.
G. The sign's color and illumination shall not produce distraction to motorists or
nearby residents. (Ord. 1624, (part), 1993)
17.24.190 Illumination Restrictions.
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A. ~Neon lighting, whether exposed' or visible tlu'ough any si{!I] face. and
used in any wall or ground sign shall require approval by the Design Review Committee
P-lanning COlTItuission.
B. The intensity of illumination for signs located within the commercial, office and
industrial districts shall not exceed approximately two hundred fifty foot-Iamberts. All
other districts shall not exceed approximately one hundred foot-Iamberts. The foot-
lambert readings shall be used as a guide by staff to evaluate signs which are deemed to
be a problem to passing motorists or residents in the surrounding neighborhood.
C. The color and thickness of the sign panels as well as the brightness of the bulbs
used to illuminate the sign shall be designed in such a manner as to avoid excessive
illumination and glare.
D. llluminated signs which are not a necessary part of the security lighting system
for a business shall be turned off at 11 :00 p.m. or within two hours after the business is
closed, whichever is the later time.
E. All exterior lighting shall be placed in a manner so that the light source will not
be seen from off the site. (Ord. 1624, (part), 1993)
17.24.200 Decorative Statuary.
Decorative statuary may be permitted in commercial, institutional, industrial and
office districts in conjunction with the overall architectural design of the building, the
landscaping scheme and the sign program for the business. The Planning Commission
shall make a determination as to whether a structure is advertising statuary or decorative
statuary, and shall only approve decorative statuary which is made an integral part of the
site design and theme of the use or business. (Ord. 1624, (part), 1993)
17.24.210 Obstructions Prohibited.
No sign or other advertising structure shall be erected, relocated or maintained so as to
prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk
or bike path. (Ord. 1624, (part), 1993)
17.24.220 Signs near Residences.
No sign other than those permitted in a residential district shall be located closer than
one hundred feet from any residential districts except if the sign surface is mounted in
such a manner so as not to be visible from any residence within one hundred feet of the
sign. (Drd. 1624, (part), 1993)
17.24.230 Residential Districts-Name Plates and Street or Unit Numbers.
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Each residential unit shall be permitted name plates of two square feet or less and
street or unit numbers. (Ord. 1624, (part), 1993)
17.24.240 Residential Districts-Development Identification Signs. .
Developments containing twenty units or more shall be permitted one identification
sign which shall not exceed five feet in height and shall be no greater than thirty-two
square feet per side. Such signs shall be placed adjacent to the major entry of the
development. Projects having frontage on more than one street shall be permitted one
such entry sign on each street. Identification signs shall contain only the name and
address of the development. (Ord. 1624, (part), 1993)
17.24.250 Construction and Maintenance Specifications.
A. All signs shall conform to the building and wind load requirements of the
Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the
Cupertino Municipal Code.
R. All signs with internal illumination shall be constructed of noncombustible
materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards,
or other similar institution of recognized standing, and be maintained in satisfactory
condition or be immediately repaired or replaced.
C. All electrical, gas or other utility service and other pertinent fixtures shall be
placed underground.
D. Guy wires or cable supports used to brace the sign shall not be visible to the
observer.
E. No sign shall be suspended by chains or other devices that will allow the sign to
swing due to wind causing wear on supporting members.
F. All signs shall be maintained in safe, unbroken, and structurally sound manner,
including the replacement or repair of any defective parts, painting, cleaning and any
other work necessary to maintain the sign and any landscape planter associated with the
sign. (Ord. 1624, (part), 1993)
17.24.260 Summary of Regulations for Signs According to Districts.
Appendix A-3, Summary of Sign Regulations According to Districts, on file in the
office ofthe City Clerk and the Planning Department, summarizes general sign
regulations according to districts. (Ord. 1624, (part), 1993)
17.24.270 Beverage Container Recycling Signs.
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A. A dealer of beverages sold in containers which is subject to provisions of the
California Beverage Container Recycling and Litter Reduction Act of 1986 may display
one building mounted single face sign not exceeding ten square feet in area which sets
forth the information concerning a certified recycling center) as described in Sections
14570 and 14571 of the Public Resources Code. Such sign shall be allowed in addition to
any other signs allowed for the dealer in accordance with the provisions of this chapter.
B. Signs for certified redemption centers shall be subject to the limitations and.
review procedures applicable to the zoning district in which the redemption center is
located. (Ord. 1796, (part), 1998; Ord. 1624, (part), 1993)
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CHAPTER 17.32: TEMPORARY SIGNS....REGULATIONS
Section
17.32.010 Temporary signs-Location.
17.32.020 Flags.
17.32.030 Garage sale signs.
17.32.040 Temporary political signs.
17.32.050 Project announcement signs.
17.32.060 Residential real estate signs.
17.32.070 Sale, rent or leasing signs.
17.32.080 Subdivision directional signs.
17.32.090 Temporary and special event signs and promotional devices.
17.32.100 Window signs.
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 ofthe fire
alarm or police telegraph system or upon a lighting system, public bridge, drinking
fountain, street sign. 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.
B. Notwithstanding any provision to the contrary described in Section 17.32.0 lOA
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.
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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
adjacent 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 right-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.
6. All parts of the sign shall be set back a minimum of eighteen 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.
7. 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 rights-of-way are encouraged to
notify and seek concurrence of adjacent property owner(s) and resident(s) before placing
temporary signs.
E. The provisions of Section 17.32.010B, C and D shall not be applicable to the
following:
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;
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. (Ord. 1926, S 1 (part),
2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993)
29
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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 twenty 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 commercial 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 Section 17.32.090. COrd. 1926, 9 1 (part), 2004; Ord. 1796, (part),
1998;Ord. 1624, (part), 1993)
17.32.030 Garage Sale Signs.
A. Signs advertising a bona fide garage sale activity, as defined in Chapter 5.16 of
the Cupertino 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. (Ord. 1926, 9 1 (part), 2004;
Ord. 1624, (part), 1993)
17.32.040 Temporary Political Signs.
A. Location. Notwithstanding any provision in this chapter to the contrary,
temporary political signs are pennitted in all zoning districts of the city, require no
permits or approvals from the city, and are subject only to the following restrictions:
I. Like all other temporary signs, they are allowed in the public right-of-way
pursuant to Section 17.32.010A, B, and C;
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. 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 Chapter
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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
Section 17.52.040C of this Municipal Code. (Ord. 1926,9 1 (part), 2004; Drd. 1796,
(part), 1998; Drd. 1755, (part), 1997; Ord. 1655, (part), 1994; Ord. 1624, (part), 1993)
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 thirty-two 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. (Ord. 1926,9 1 (part), 2004; Ord. 1624,
(p~I~~ .
17.32.060 Residential Real Estate Signs.
A. Subject to the restrictions contained in Section 17.32.01 0, 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 signs
shall not exceed six feet in height and shall be subject to the requirements stated in
Section 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 Section 17.32.060B and Section 17.32.010.
D. Off-Site Open House Signs. Each parcel with a unit for sale is permitted a
maximum of six open house signs subject to the requirements stated in Section
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17.32.010. (Ord. 1926, g 1 (part), 2004; Ord. 1886, (part), 2001; Ord. 1720, (part), 1996;
Ord. 1624, (part), 1993)
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 Section 17.32.060 of this chapter.
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 thirty-two 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/rentllease
sign as described in subsection C of this section is not displayed concurrently on that
public street frontage. The sign shall be restricted to thirty-two square feet of face area,
and shall be located and displayed in accordance with the provisions of Section 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 such off-site signs shall be confined to private property, subject to the
approval and cooperation 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 thirty-two square feet in area per face, nor exceed a height
of six feet. The location of such off-site signs is subject to Section 17.32.010.
F. (1) For sale/rent/lease signs maybe installed up to thirty 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
pem1anent ground sign. (Ord. 1926, S 1 (part). 2004; Ord. 1720, (part), 1996; Drd. 1624.
(part), 1993)
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
32
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the city. Subdivisions not in Cupertino shall not be permitted subdivision directional
SlgnS.
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 thirty-two square feet in area
and have no more than two sign surfaces. "vn 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 Section
17.32.010.
F. Applications for subdivision directional signs shall include a list of all other
existing signs for the same subdivision, indicating the sign surface area and street
location of each sign. (Ord. 1926, g 1 (part), 2004; Ord. 1624, (part), 1993)
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 criteria set forth in this section. .
A. 1. Each business may be permitted use of one temporary special event sign
subj eet to the tenant schedule in subsections C or D of this section. Each business may
have the use of temporary signs for a maximum of one hundred twenty days in a calendar
year...-but not to eXG0ed-thirty days during any pennitted-period7 .
granted a maxi-tuum oftweWe--p0l1flits in a caleatlM year. A minimum period-eftv/o
weeks--sflal.1--be required-before a suhseEjaent pelmit 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
24 square feet per face. with a maximum of two faces. It shall not be set into the ground
and must be removed at the close of business each day. An accurate rej2Toduction of the
sign shall be submitted as part of the temporary sign al2Plication~ only signs of
professional quality. i.e.. not haud-drawn. shall be awoved. sfl.a.H not exceed six feet in
~t Gnd4hirty tv..o square feet-pef-face, ,....ith a maxilmml of tv:o faces. Portable
retHpOfat)' freestanding signs, such as n,^." frame or sandwielT-board signs, may not be set
into the ground-aOO must be renloyed--at-tfle--elose of-business euclHia:r.
4. A temporary banner shall be building mounted only, shall have only one face not
exceeding one hundred square feet in area, and shall be placed on the building in
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accordance with the limitations specified in Section 17.24.080 of this title regarding
clearance and roofline level.
B. I. 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 twenty-five feet above the building where the special event is occurring;
e. Meets the tenant schedule in subsections C or D of this section.
2. The Director shall review a requested use of any special promotional device, such
as searchlights, hot air balloons, rides, traffic/parking directional signs within the 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 Section 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
3 tenants to 6 tenants --1 tenant display or 1
center display
7 tenants to 13 tenants --1 tenant display + 1
center display
14 tenants to 20 --2 tenant displays + 1
tenants center display
? 1 tp:nl'lntl::: to ?7 --1 tl":n l'Int tii ~n 1l'Iv<::: + ?
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tenants center displays
28 tenants or more --4 tenant displays + 4
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 --2 center displays
28 tenants or more --4 center displays
E. 1. Notwithstanding any provision to the contrary contained in this chapter, but
subj ect 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 Chapter 17.52 of this Municipal Code, may cause the signs
remaining after expiration of the appropriate five-day period to be removed. (Ord.
1926, S 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part),
1993)
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 twenty-five percent of the window surface.Q[
each window pane.
C. Signs within a window shall be considered temporary ifthey remain on the
window for less than thirty days, and shall not be subject to review. Window signs
intended to remain on display for more than thirty days shall be considered permanent
window signs as regulated by Section 17.24.090. (Ord. 1796, (part), 1998; Ord. 1624,
(part), 1993)
35
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CHAPTER 17.44: SIGN EXCEPTIONS*
Section
17.44.010 Authority.
17.44.020 Application and fee.
17.44.030 Design Review Committee review required.
17.44.040 . Findings for an exception.
17.44.050 Action by Design Review Committee.
17.44.060 Conditions for revocation of exception-Notice required.
17.44.070 Exception deemed null and void when-Notification required.
17.44.080 Appeals.
17.44.090 Reports to Planning Commission.
Prior ordinance history: Ords. 1624 and 1655.
*
17.44.010 Authority.
The Design Review Committee may grant a sign exception in accordance with the
provisions of this chapter. (Ord. 1844, ~ 1 (part), 2000; Ord. 1789, S 1 (part), 1998)
17.44.020 Application and Fee.
An application shall be made in writing to the Design Review Committee on a form
prescribed by the Director. The application shall be accompanied by a nonrefundable
fee, a letter explaining the justification for the exception, and appropriate exhibits as
deemed necessary by the Community Development Director. (Ord. 1789, 9 1 (part),
1998)
17.44.030 Design Review Committee Review Required.
A. An exception shall be scheduled for review by the Design Review Committee,
not later than thirty days after filing of application.
B. Mailed written notice of the hearing on the sign exception shall be given by the
Director of Community Development to all owners of record of real property (as shown
in the last assessment roll) which abut the subject property, as well as property and its
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abutting properties to the left and right, directly opposite the subject property and located
across a street, way, highway or alley. Mailed notice shall include owners of property
whose only
contiguity to the subject site is a single point. Said notice shall be mailed by first class
mail at least ten days prior to the Design Review Committee meeting in which the
application will be considered. The notice shaU state the date, time and place ofthe
hearing. A description ofthe sign exception shall be included in the notice. If the
Director of Community Development believes the project may have negative effects
beyond the range ofthe mailed notice, particularly negative effects on nearby residential
areas, the Director, in his discretion, may expand noticing beyond the stated
requirements.
C. Compliance with the notice provisions set forth in this section shall constitute a
good-faith effort to provide notice, and failure to provide notice, and the failure of any
person to receive notice, shall not prevent the City from proceeding to consider or to take
action with respect to an application under this chapter. (Ord. 1844, ~ 1 (part), 2000;
Drd. 1789, 9 1 (part), 1998)
17.44.040 Findings for an Exception.
The Design Review Committee may grant an exception based upon all the following
findings:
A. That the literal enforcement of the provisions of this title will result in
restrictions inconsistent with the spirit and intent of this title;
B. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety. or welfare; and
C. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the purpose.
(Ord. 1844, 9 1 (part), 2000; Ord. 1789, 9 1 (part), 1998)
17.44.050 Action by Design Review Committee.
The decision made by the Design Review Committee is final unless appealed in
accordance with Section 17.44.080. (Ord. 1844, 9 1 (part), 2000; Drd. 1789, 9 1 (part),
1998)
17.44.060 Conditions for Revocation of Exception-Notice Required.
In any case where the conditions or limitations to an exception granted have not been
complied with, the Planning Commission may revoke the exception after notice
37
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and hearing in the same manner as defined in Section 17.44.030. (Ord. 1789,9 1 (part),
1998)
17.44.070 Exception Deemed Null and Void When-Notification Required.
In any case where an exception has not been used within one year from the date of
issuance, or if abandoned for a period of thirty days, the exception will automatically
become null and void upon written notice from the Director to the property owner and/or
tenant. (Ord. 1789, 9 1 (part), 1998)
17.44.080 Appeals.
A. Any person aggrieved by a decision of the Design Review Committee in the
approval, conditional approval, denial or revocation of an exception for a sign may
appeal such a decision in writing to the Planning Conmnssioll City Council.
B. The appeals shall be made within fourteen calendar days of the Design Review
Committee Planning Commission meeting by means of a letter in writing to the Planning
Conm1ission City Council stating the grievances.
C. The appeal shall follow the procedures as set forth in Chapter 19.136, except that
Planning Commission will make the final decision on the agpeal.
same fee as requir0d-for aweaJs under Section 1-9-:-136.020 of -the D.lpertino Municipal
fWe.:
agcnda at the time that other regular it6Ills appear. (Ord. 1844, 9 1 (part), 2000; Ord.
1789, S 1 (part), 1998)
17.44.090 Reports to Planning Commission.
The Director, or designated representative, shall make written reports on all
exceptions granted, denied, or revoked lUlder this chapter. The reports shall be delivered
to the Planning Commission within five calendar days from the date of the decision.
(Ord. 1844, S 1 (part), 2000; Ord. 1789, S 1 (part), 1998)
38
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CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT
Section
17.52.010 Interpretation and enforcement of provisions.
17.52.020 Nonconforming signs.
17.52.030 Abandoned or discontinued signs.
17.52.040 lllegal signs-Notice required-Summary removal authorized when.
17.52.050 Storage of removed signs.
17.52.060 Owner responsible for removal, alteration or relocation costs.
17.52.070 lllegal signs-Deemed public nuisance-Court action authorized.
17.52.080 Violation deemed infraction-Penalty.
17.52.090 Appeals from decisions of the Director.
17.52.01 0 Interpretation and Enforcement of Provisions.
The Director is empowered to interpret and enforce the provisions and requirements of
this title and to remove or cause to be removed any sign or other advertising structure
which has been constructed, erected, altered, relocated or maintained in violation of this
title. Such powers include but are not restricted to provisions and procedures set forth in
the following sections of this chapter. Decisions by the Director in relation to this title
may be appealed by the Planning Commission set forth in Section 17.52.090. (Ord.
1624, (part), 1993)
17.52.020 Nonconforming Signs.
A. A nonconforming sign, unless made to conform to the provisions of this title,
may not be structurally altered, expanded, moved, modified in any way, be reestablished
after:
1. Discontinuance for ninety days or more; or
2. Damage or destruction of more than fifty percent.
B. Any nonconforming sign which was legally erected in accordance with the
provisions of the ordinance in effect at the time of erection, or which has a valid permit
from the City, shall be permitted to remain until such time as:
1. There is a change in the use of the property that the sign is located on;
39
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2. There are alterations or enlargements to the site or building on the property in
excess of twenty-five percent or more of the existing site or building. The amount of
alterations shall be cumulative over time; or
3. There is a change of face constituting fifty percent or more of the existing total
sign face area at anyone time; expansion, movement or modification of the sign. A
change of face of a single tenant name panel constituting less than fifty percent of the
total existing sign face area in a multi tenant sign shall not constitute grounds for
modification of a nonconforming sign.
C. At such time as any of the events mentioned in subsections A and B occur, the
sign must be brought into conformance with this title. Any business with a
nonconforming sign shall not be entitled to an additional sign unless the nonconforming
sign is made to comply with the provisions ofthis title. (Ord. 1624, (part), 1993)
17.52.030 Abandoned or Discontinned Signs. .
Any sign which pertains to a business or occupation which is no longer using the
particular sign or property, or which relates to a time which no longer applies, constitutes
false advertising. The structure and copy shall be blanked out or removed within thirty
days after the associated business, occupation or event has vacated the premises. An
abandoned sign is prohibited and the removal shall be the responsibility of the owner of
the sign or the owner of the premises. (Ord. 1624, (part), 1993)
17.52.040 Illegal Signs-Notice Required-Summary Removal Authorized When.
A. If the Director finds that any permanent sign or other advertising structure has
been constructed, erected, altered, relocated or maintained in violation of any of the
provisions of this title or any other pertinent ordinance of the City, the Director shall in
writing inform the owner and the tenant of the property on which the sign or structure is
located that the sign or structure must be removed within ten days of receipt of the notice,
or an application must be made to the Director for sign approval. Failure to take the
required action shall result in a criminal or civil sanction as provided by law.
B. If the Director finds that any temporary sign or advertising device is in violation
ofthis title or any other
pertinent ordinance of the City, the Director shall notify the owner of, or tenant using the
sign in person or writing that the sign shall be immediately removed.
C. If the Director finds that any sign or other advertising structure, whether
conforming with the ordinance or not, is an immediate peril or menace to the public, or to
any person, the Director shall cause it to be summarily removed. Upon removal, the
Director shall give written notice to the owner. (Ord. 1624, (part), 1993)
40
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17.52.050 Storage of Removed Signs.
Any sign removed by the Director shall be stored in the City corporation yard and may
be claimed within ninety thilty days after the sign was removed, provided that any cost
incurred by the City has been paid, and that a renewal ofthe building permit for the sign
has been secured. If signs are not claimed within ninety days after removal by the City,
the City shall dispose ofthe signs. COrd. 1624, (part), 1993)
17.52.060 Owner Responsible for Removal, Alteration or Relocation Costs.
Any cost incurred by the City in the removal. alteration or relocation of any sign
pursuant to the provisions of this title or any other pertinent ordinance of the City shall be
paid by the owner or person having beneficial enjoyment of the property upon which
such sign is located. COrd. 1624. (part), 1993) .
17.52.070 Illegal Signs-Deemed Public Nuisance-Court Action Anthorized.
In the event any person should erect, alter, relocate or maintain a sign in violation of
the provisions of this title, the sign shall be considered a public nuisance and the City
Attorney is authorized to bring and prosecute an action in a court of competent
jurisdiction to enjoin such person from continuing such violation. The procedures for
nuisance abatement are contained in Chapter 1.09 of this Municipal Code. COrd. 1624,
(part), 1993)
17.52.080 Violation Deemed Infraction-Penalty.
Any person, firm or corporation violating any provisions of this title shall be deemed
guilty of an infraction, and upon conviction thereof, shall be punished in the same manner
as other infractions provided under Chapter 1.12 of this Municipal Code. (Ord. 1624,
(part), 1993)
17.52.090 Appeals from Decisions of the Director.
A. The applicant, aggrieved by a decision of the Director to order the removal of a
sign, may appeal such order or decision to the Planning Commission.
B. The appeal shall be made in writing, accompanied by the same information,
application and fee required for other applications made to the Planning Commission.
C. Upon filing the appeal, the item shall be placed on the Planning Commission
agenda and reviewed in accordance with the adopted procedures of the Planning
Commission.
41
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D. The decision by. the Planning Commission shall be final unless appealed in the
same manner as required in Section 17.44.080. COrd. 1624; (part), 1993)
42
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~.l............",,-,-- .-...-
Cupertino Planning Commission
11
March 28, 2006
. He said he did not see the need for a moratorium; and as suggested, using the term
moratorium may encourage people to come in with an influx of applications, which they do
not presently want.
Com. Saadati:
. Said he did not support the moratorium at this point. It is a recommendation to look at the
master plan and move things forward.
Com. Wong:
.. Recalled that it was former Com. Angela Chen's idea, and at the time all five commissioners
agreed on a master plan for Vallco South and Val1co North.
. He said he felt that if they had a master plan for the Vallco Fashion Park area, Menlo
Equities, as well as the lIP sites. It would provide better connectivity.
Motion:
Motion by Vice Chair Giefer, second by Com. Chien, to forward a Minute
Order to City Council recommending a master planned area for Vallco North.
(Vote: 5-0-0)
SIGN ORDINANCE
Ms. Wordell:
. Reviewed the Planning Commission's discussions about the sign ordinance relative to
determining whether or not amendments were needed to provide businesses in Cupertino the
opportunity to successfully advertise their businesses.
. Considerations were discussed about the possibility of allowing more sign allowances for
bilingual signs; removing the temporary two~week break between installations of a temporary
sign; and sign heights.
. She illustrated examples of various signs, and reviewed the details of the discussions as
outlined in the staff report on Pages 2-3 and 2-4.
. She noted that banners were not permitted; they have to be building mounted.
Chair Miller:
. Suggested that the Commissioners provide staff with their input on the discussion items
outlined in the staff report.
Chair Miller opened the public hearing.
Jennifer Griffin, Rancho Rinconada resident:
. Read portions of Section 17.04.020 of the Sign Ordinance.
. She pointed out that Cupertino emulates certain values; and landscaping, harmony and
structure play an important role in the city's structure. The residents want assurance that the
city is going to provide harmonious signs on the businesses.
Chair Miller closed the public hearing.
Ms. Wordell:
. In response to Com. Saadati's questions, she said that there were approximately 12 temporary
signs; action was taken only on specific complaints about temporary signs without permits.
. She pointed out that they had not been proactive about temporary signs, but change was
forthcoming.
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Cupertino Planning Commission
12
March 28, 2006
Com. Saadati:
. Said he would like to get as much public input as possible.
. He said he was unsure if the chart indicated they did not discuss the sign proportion to the
building or building elevation, which would be appropriate to look into.
Ms. Wordell:
. Indicated it was done through exceptions.
Com. Saadati:
. Suggested that it be included in the code. Some of the signs that we have issued with the
exception fit well with the building. They compliment the building and don't necessarily
have to be exceptions. Other signs are completely out of proportion.
. Said he felt permitted signs were out of proportion. The sign needs to be looked at in
conjunction with the building; how it fits the building, and how it complements the building;
possibly becoming a part of architecture of the building. Some signs do add some flavor to
the building.
. Asked for more information on window signs and neon signs.
Ms. Wordell:
. Said that code enforcement unfortunately was the lowest priority.
. They will be looking at more of the banners and A Frames first.
Com. Saadati:
. Stated that as long as it is in the building it is not as critical as the way they have looked at it
in the past.
. Said he supported bilingual signs as they served a purpose.
. Sa~d he would support expanding the sign allowance for bilingual signs provided that it fits
with the building. He said he would not support filling the front of the building with signs. It
has to be proportioned, and complement the building.
. He said the purpose of temporary signs is to help the businesses get established until they
erect their permanent signs. He said that he felt six months was a reasonable length of time
for a temporary sign.
. Re-permitting is not practical because it takes more time. When buildings are under
construction, temporary signs are used to let the public mow that certain businesses are
commg m.
. Said he was not opposed to vertical, horizontal, or diagonal signs as long as it adds to the
architecture of the building or complements it.
Com. Chien:
. Temporary signs - there is a request from staff to change the process; with the idea that they
should not have to come back for re-permitting.
. He said he supported making things more efficient as long as he understood what the original
rationale was for people to come back and re-pennit. He asked staff to comment.
Ms. Wordell:
. Relative to temporary signs, she explained that originally it was likely associated with a 30
day sale; and when the sale was over the sign would be taken down.
. If there was another reason to put the sign up, there would be a waiting period of at least t\vo
weeks and the sign would be put up again. She pointed out that was not how. people use
/...., oft
Cupertino Planning Commission
13
March 28, 2006
temporary signs; that it is rarely related to a specific event. It is general promotion, and they
supposedly take it down and put it back up again. The original intent was that it was
associated with a specific event, and that is not what is happening.
Com. Chien:
. Said he felt it would help the city enforce their 120 day limit on temporary signs. Code
enforcement will address the issue; however, it is a low priority.
. Said he supported the streamlining of the pennitting process with respect to temporary signs.
. Relative to bilingual signs, he said he did not see specific recommendations, and although he
felt businesses who want to operate in a bilingual manner should have that ability. He said he
could not comment on whether or not he supported any particular recommendation because
there was no informatio'n presented.
Com. Wong:
. He recommended that in order to support the businesses that want to advertise in languages
other than English, they be permitted to go beyond certain parameters because the sign
contains a certain space and the space is limited to a certain number of words.
. He suggested not to make an exception, but to incorporate if someone wants to do bilingual
signs that they be allowed to go beyond the square feet as long as it is compatible with the
building.
Com. Chien:
. Asked what the current ordinance said with respect to that because there are existing bilingual
signs, and are they seeking exceptions.
Ms. Wordell:
. Said that they did not have bilingual signs.
. Said they were not seeking exceptions, and people have not asked for more sign area for
bilingual.
Mr. Piasecki:
. Relative to fitting two languages on a sign, he said the lettering has to be compressed to fit
within the allowable area. The Commission could consider as a rule of thumb to allow to
150%, for bilingual; giving a 50% increase to allow more room for the spacing of letters so
that they are visible.
. The concept can be studied and brought back with the ordinance amendments and evaluated.
Com. Wong:
. Commented that if English and another language had to be compressed on one sign, it would
make the lettering smaller and more difficult to read for patrons. He said it was important
that the public be able to find the business and read the signs to hotels and other
establislunents.
Com. Chien:
. Said he supported having signs that allow people to do business; staff will bring more
specifics to vote on.
. Said he was not opposed to staffletters.
Com. Wong:
. Expressed concern that representatives from the businesses in Cupertino were not present in
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Cupertino Planning Commission
14
March 28, 2006
the audience and they were a major stakeholder.
. He noted that as a member of the Chamber of Commerce board, many chamber businesses
had concerns, and he urged that the Chamber of Commerce and the Silicon Valley Realtors
Association be contacted for input.
. He added that the DRC should be contacted for their input if they wanted to make any
changes in the sign ordinance or how to streamline the sign ordinance, because people do get
exceptions.
. Said he agreed with the staff logos.
. Said he agreed with staff relative to streamlining the temporary special sign, and removing
the two.
. Asked staff to bring back suggestions on bilingual signs, increasing it to 150% or an
appropriate amount.
. He commented that while serving on the DRC and hearing the Chamber of Commerce
members talk, he understood Ms. Jennifer Griffin's comments. However, Cupertino wants to
have businesses that serve the residents, and by serving the residents, a sales tax for the city is
generated from those businesses.
. He asked if staff could make a recommendation or work with the Chamber relative to a
standard minimum size of sign, instead of having to go through the exception process, as the
process is so time consuming. He reiterated the importance of residents and visitors to
Cupertino being able to find the Cupertino businesses, and appropriate signage plays a major
part in that.
. Recommended that business owners with a comer store frontage, be permitted a sign
exception for two signs. They pay extra to be located on the corner and should be afforded
consideration.
Ms. Wordell:
. Said that nvo signs are permitted if there is no monument sign.
Com. Wong:
. Recommended that the neon signs be reviewed and included as a set process so that they do
not have to be a sign exception, since they can be eye catching and help to identify businesses
if done in good taste and noUacky appearance.
. Relative to the sign height of 8 feet, he said he was interested in consideration of
accommodating businesses by having signs higher than 8 feet in a shopping center. He noted
an example of Pet Smart which has an attractive sign; however, it is too low and difficult to
see.
. Said he agreed that that they need to look into the window signs and make sure the windows
are not cluttered.
Ms. Wordell:
. Clarified that temporary signs require a temporary sign permit; handled at staff level, as an
over the counter permit, costing $500.
Com. Wong:
. Asked staff to look into the fees for the temporary signs.
. Said that he felt $500 fee should be addressed further as he felt it was too high. He also
questioned how many $500 fees had been collected for temporary signs.
Ms. Wordell:
. Said staff would provide the information.
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Cupertino Planning Commission
15
March 28, 2006
Com. Wong:
. He said as a member of the Chamber of Commerce, he talks to businesses and encourages
them to advertise to bring business into. Cupertino; however, he said he felt there was a
perception that the city is not business-friendly with its sign ordinance.
. He said he was certain that the Chamber and its members would want to provide input on the
sign ordinance.
. Asked staff to address how they were accommodating the hotels, so that people could locate
the hotels. He said the sign ordinance should be user friendly.
. Said he was interested in streamlining the process relating to logos; so that it was not a
cumbersome process for the national chains to go through the DRC.
Vice Chair Giefer:
. Relative to the illumination section of the ordinance, she recommended that it state that the
illumination should not be upward. Most signs have a top over them, so that they are not
reflecting upward to the sky. She asked staff to consider adding that.
. Questioned what the sign exception fees are for DRC.
. Relative to noticing, she reiterated that the Chamber should be involved and they should be
included in the noticing.
. Consider including the Rotary to notice their members since there is an overlap between
people who have businesses in Cupertino and are a part of the Rotary Club.
. Suggested sending a notice of the calendar to the Mercury News to include in their new
section on city governments relating to pending items coming before the Planning
Commissions or City Councils.
. Said she agreed with Com. Saadati that it would be more feasible to look at the total surface
available facing the street. which is more in line with the corporate sign program; and it
would also solve the multi-lingual issue because you would be working with a percent of total
available area, and you could put whatever you wanted in the chosen languages. She said
that having done a number of corporate sign programs over a 30 year period, her experience
is that it is an easier way to think about it because they the letters get bigger and smaller
depending on the space available and hopefully they integrate well with the building. She
said they may want to reconsider how to measure that; it also eliminates the need to specify if
it is stacked letters or if it is horiwntalletters; it is whatever your logo is.
. She recommended that the logo approvals continue to go to DRC, because it has to integrate
with the building because you are decoupling a national corporate logo in most cases and you
are going to use it as art or as an architectural element someplace on the building. She said
her initial response to that is that for oversize logos that are integrated with the building, they
should continue to a specific review, which is the reason she is interested in knowing the fees.
. There is currently no policy regarding multi-lingual, but the fire department would like us to
make sure that all signs are identified in English. She suggested any changes should stipulate
there needs to be an identifier on the building, what that business is in English, because that
is how the fire department is trying to locate the building, as a public safety issue.
. Recommended that the windows be clutter free, to enable a view into the business, which is a
safety issue. If the business is being burglarized, it would prevent police patrol from seeing
into the building, and not being aware of a problem or danger.
. Reiterated there were separate sign issues; the size of the sign is a different issue. She
suggested they take a different approach and try to look at it as the available space, for
whatever language sign logo goes into that area.
. She reiterated that the fire department said they want the name of the company at that address
on the building. If it is not in English and the address is hidden behind a bush, they may not
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Cupertino Planning Commission
16
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March 28, 2006
be able to identify the building. She said it may represent a public safety issue.
Chair Miller:
. Said he was unclear about the Appeals portion of the ordinance, i.e., "any person aggrieved
by a decision of the ORC in the approval.... such a decision may appeal to the City Council.
He said it was not clear when going for a sign exception to the DRC and appealing it, is the
appeal to the Planning Commission or to the City Council? He suggested that the language
be clarified.
Mr. Piasecki:
. Said that staff would address the issue.
Chair Miller:
. Relative to bilingual signs, he agreed with the Commissioners who felt they should be trying
to make it easier for people to add a second language to the signs.
. Staff to address what is an appropriate amount of space because the businesses have their
primary customer base in the language that is most appropriate. He said he would support
that idea.
. Temporary signs - Supports streamlining the process; it is not reasonable to bring them in
every 30 days.
. Building heights - He said since they were allowing all the exceptions for stack signs, they
should change the ordinance.
. Supports staff's comments on logos.
. He said he hoped the outreach would improve the next time. He suggested that rather than
bring the sign ordinance back at the next meeting, it be returned in one month which would
provide ample time to outreach to the Chamber of the Commerce and the Realtors
Association and any other associations.
Ms. Wordell:
. Noted that no vote was needed; staff will bring the application back after further outreach and
present some options.
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION
Environmental Review Committee: No report.
Housine Commission: No report.
Mavors Monthlv Meetine: With Commissioners:
Vice .chair Giefer reported the following:
. The Senior Committee discussed senior housing needs; Comcast having a senior rate for
seniors within the community; Telco is looking at federal legislation; Cable services and
entrance of Telco and networking providers into one another's marketplaces and trying to
understand what that means to the city.
· The Fine Arts Committee has not yet established their goals.
. Discussed the Whole Foods exhibit and the upcoming art activities.
( -116
EXHIBIT C
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEP ARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: Planning Commission 2006 Work Program Implementation
including introduction of sign ordinance issues
Reco:m.rnendation
Set priorities for the Work Program and provide direction for the sign ordinance
reVIew.
BACKGROUND:
The Planning Conunission adopted its 2006 work program, which was
forwarded to the City Council for final approval. The City Council approved
the work program with the following comments:
). Amend the tree ordinance to protect trees during construction
). Merge the Planning Conunission's sh.1dy of obsolete research and
development properties into the City Council's industrial building
initiative
DISCUSSION:
WORK PROGRAM PRIORITIES
The main projects are summarized below. Recommended priority projects are in
bold type.
City Council Goals
1. Heart of the City Specific Plan
2. Sign Ordinance
3. Crossroads Streetscape Plan
4. Annex small unincorporated pockets (Planning Corrunission not involved;
goes to City Council April 4 for authorization to proceed)
5. Cleo Avenue Affordable Housing
6. Green Buildings Program
7. Fence Ordinance (complete)
8. Nexus Sh.1dy (complete)
Planning Projects
1. Review R1 ordinance regarding RHS slope standards
2. Proactive planning for Homestead and North Valleo areas; also South Vallco
area if the Toll Brothers project is not approved
i-HI
2
3. Identify obsolete Research and Development properties city-wide and
determine appropriate long-term use (merge with City Council's industrial
building initiative). The City Council is scheduling ongoing study sessions
on this topic, so this project will be implemented once City Council direction
is provided.
. Lower Priority Projects:
1. Tree ordinance amendments
2. Apartment conversion
3. Senior housing incentives
4. Public transportation/light rail
Private Projects
. Building Permits/ Construction
o Valleo
o Oak Park Village
o Marketplace
o Civic Parks
o Morley Brothers
o Stevens Canyon Road (Rockwell Homes)
· Public Hearings
o Taylor Woodrow
o McDonald/Dorsa Quarry Site
o Former Any Mountain Site
o North Tantau Avenue industrial to residential conversion
SIGN ORDINANCE
At the June 14, 2005 meeting, the Planning Commission expressed interest in
reviewing the Sign Ordinance to determine if amendments are needed to provide
businesses adequate signage to successfully advertise their businesses.
On August 23, 2005, the Planning Commission held its first study session to
review and comment on possible amendments to both the City's Sign Ordinance
and Fence Ordinance. During the study session, the Commission decided to
review the Fence Ordinance first and requested that review of the Sign
Ordinance be brought back at a later date.
Also during the study session, the Commission indicated that they wanted input
from the community before making any suggestions for amendments to the Sign
Ordinance. As a result, the Commission asked staff to contact applicants of sign
exceptions that were reviewed within 18 months prior to the study session date
and ask them what they would like to see modified in the ordinance.
l-ll~
3
In September of 2005, the City received feedback from the Cupertino Chamber of
Commerce stating that they received suggestions from businesses
recommending that allowances be made for bilingual signs, including additional
sign area to adequately accommodate signs with dual languages.
In November of 2005, staff did place an outreach article (See Exhibit B) in the
November issue of the Cupertino Scene notifying the community of the City's
plan to update the Sign Ordinance and for input on how these regulations might
be changed to better meet the needs of the community. The City did not receive
any input from this article.
On March 20, 2006, letters were sent to sign exception applicants who had
applied between December 2003 and the present notifying them of this study
session and encouraging them to attend the study session and provide
input/feedback on the City's sign ordinance and sign exception process. To
date, the City has not received any feedback from these previous applicants.
DISCUSSION
Based upon these previous discussions and staff's review of the Sign Ordinance,
staff has identified a list of sign ordinance subjects that the Commission may
want to consider for review. Options and background information are also "
identified for these subjects.
Bilingual Signage
Option: To consider whether opportunities should be provided to accommodate
bilingual/ dual language signs within the City.
Background: The City received a suggestion from the Cruimber of Commerce
requesting consideration for additional sign area than currently permitted for
bilingual/ dual language signs. The Chamber explained that additional sign area
is needed to adequately advertise businesses in more than one language.
Temporary Signs
Options:
1. To consider taking out the requirement for a two-week break between
installations of a temporary sign.
2. To consider what constitutes a temporary versus a permanent sign with
regard to sign material.
Background: The current ordinance allows for the use of temporary signs a
maximum of 120 days in a calendar year; however, temporary signs cannot be
used for more than 30 days at a time and require a two-week break in between
the next time temporary signs can be used. Staff does not see the benefit of
requiring a two-week break for temporary signs and suggests that the
l~f 13
4
require'ments be taken out to allow temporary signs to be used continuously for
120 days in a calendar year.
The current ordinance does not make a distinction betw"een temporary versus a
permanent sign with respect to sign material. For example, a painted sign on a
window or building fac;ade may be considered temporary in nature, but may be
used as permanent type of signage depending upon the duration of time the
painted sign is used. Where painted signs are meant as permanent signs, such
signs may fade and weather over time, which can affect the overall streetscape
presentation and aesthetics of the City. Therefore, the Conunission may wish to
consider whether clarifications are needed in the ordinance to address such an
Issue.
Sign Height
Options:
1. To consider alJowing higher wall sign heights for stacking of letters and
logos without the need for a sign exception and without a change in sign
area.
2. To consider clarifying language in the ordinance pertaining to sign letter
height based upon setbacks for commercial and industrial wall signs.
Background: The wall sign requirements for commercial and industrial districts
(Chapter 17.24.060) in the current sign ordinance have limitations for wall sign
height based upon setbacks. In recent years, the City has granted sign exceptions
for sign requests to exceed the allowable wall sign height based upon setbacks
for either larger signs or stacking of letters on a sign. Since the end of 2003, the
City has granted 10 sign exceptions to exceed the allowable wall sign height. In
light of these sign exceptions, staff would like to recommend that the
Commission consider allowing higher wall signs for logos and where letters can
be stacked without a sign exception.
Additionally, staff would like to recommend that the language in this section of
the ordinance be amended to clarify where the setbacks begin to determine wall
sign height. Although setbacks are typically taken from the property line, staff
has been interpreting the setback distance between the face of curb and the
building for which the sign is being proposed.
Exhibits:
.
Planning Commission Work Program 2006 (includes review of 2005 Work
Program)
Exhibit A - Sign Ordinance
Exhibit B - Article from the Cupertino Scene, November 2005
Exhibit C - Sign Ordinance Comparison Table
r-114-
5
Prepared by: Ciddy Wordell, City Planner
Aki Honda, Senior Planner
Approved by: Steve Piasecki, Director of Conununity Development _ _,_..'
G:planning/pdreport/misc/pc2006 Work Program Implementation
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Chapter
EXHIBIT A
. TITLE 17:' SllGNS.
17.04 General Provisians
17.08 Definitions
17.U Ad",inl~ative Procedures
17.16 Exempt Signs
17.20 Prohibited Signs
17.24 Sign R.egulations
17.32 Temporary Signs-Regulations
17.44 Siga Exceptions'
17.52 Compliance and EnforCement
~
Prior Orclinll~ce History; Ords. 746, 894, 1208, 1320 and 1414.
1
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1 '1.M.OAGl
CHAPTER 17.04: GlItNERAL PROVISIONS
Section
17.04.0lD
17.04.020
17.04.030
Short title:
Purpose and intent.
Savings clause.
17.04.010 Short ntle.
Ordinance 1624, codified in Chapters 17.04 through
17.54 of this title, shall hereafter be known and cited as the
"sign. ortiinllnce." (Ord. 1624, (part), 1993)
17.04.020 Purpose and Intent.
A. The City of Cupertino is a suburban community
interested in providing a mixture of commercial, industrial
and residential land uses which reside together. The general
welfare of the citizens as well as the economic stability of
the City is dependent on maintlltning a peaceful coexistence
between the various uses. The purpose of the sign
ord;n:mce is to identify and eJ'Ihance businesses while
J11l1intJ:lining the aesthetic appearance of the City.
B. A sign is recogpi.,.ed as a vital ingredient in the
free trade process upon which' the City is dependent. A
good sign program will provide information to the public
concerning a particular business or use and will serve the
visual and aesthetic desires of the community. The goal is
to create a visual environment that will:
1. Enhllriee the effectiveness of the signs;
2. Provide for the necessary competition; .
3. Insure the public safety;
4. Increase the convenience of the citizen; and
5. Maintain the identification and individual
character of each business.
C. With these goals in mind, the City has adopted
this title, which is intended to:
1. Provide architectural and aesthetic harmony of
signs as they relate to building design. and surrounding
landscaping;
2. Provide regulations of sign size. height and
quantity which will allow for good visibility for the public
and the needs of the business while providing for the safety
of the public by minimi1.ing distraction to the motorist and
pedestrian;
3. Provide for sign regulations that will be
compatible with the building. siting, and the land uses the
signs are intended to identify;
4. Provide for maintenance of existing signs and a
program for bringing nonconforming signs into
confO['D1l1nce with the standards of this title as changes are
made to the signs or businesses;
5. . Provide procedures which will facilitate the
efficient processing of sign applications; and
6. Provide design. criteria which will promote
attractive and effective signs fOf Cupertino residents.
. businesses, employees and visitors. (Ord. 1624, (part).
1993)
17.04.030 Savings Clause.
The changes provided for in Ordimmce 1755 shall not
affect any offense Of act committed or done or any penalty
. or forfeiture incurred or any right established or accruing
before the effective date of Ordimmce 1755; nor shall it
affect any prosecution, suit Of proceeding pending or any
judgment rendered prior to the effective date of Ordinance
1755, April 21. 1997. (Ord. 1755, (part). 1997)
3
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17.08.@1@
c:a.APTER 17.08: DUlNITIONS
Section
17.08.010
Defmitions.
17.08.0].~ DeflnitioDS.
"Advertising statu~" ml'"-tlnl1. a structure or device of
any kind or character for outdoor advertising purposes
which displays or promotes a particular product or service,
but without ]'lame identification.
" Alteration" means any pennanent change to a sign.
"Animated sign" means any sign which projects
action. motion or the illusion thereof, changes intensity of
illnmination or changes colors. including the likes of
balloons. banners and flags. but excluding electronic
readerboard signs and signs which display the current time
or temperature.
"Architectural projection" means any permanent
extension from the strUCture of a building. including the
likes of canopies. awnings and fascia.
"Banner" m~n!l a temporary advertising display
consisting of fabric, canvas. plastic or paper material which
is attached to a building, vehicle, pole or other form of
support.
"Building frontage" means the length or the surface of
the building wall which faces. and is visible to the general
public from. a public right..of-way.
"Changeable copy sign" means any sign. or portion
thereof, which provides for each manual changes to the
visible message without changing strUCtural surfaces,
including the likes of theater marquees and gasoline service
station price signs. but excluding electronic readerboard
signs and signs which display the current time or
temperature.
"Change of face" means. any changes to the letter
style. size. color. background, or message.
"Commercial district" means an area of land
designated for commercial use in the current Cupertino
General Plan.
"Community organization II means a nonprofit
org:mi7:1tion based in the City and whose activities benefit
the City, its residents, employees. or businesses located
therein.
"Comer lot" means a lot situated at the intersection of
two or more streets, or bounded on two or more adjacent
sides by street lines.
"Corner triangle" means a triangular-shaped area of
land adjacent to an intersection of public rights-of-way. as
further defined in Cupertino Standard Details Drawings
Nos. 7-2 and 7-4. UnobstrUCted views over these areas are
essential to the public safety for bicyclists, motorists and
pedestrians. (See Appendix A-5, Cupertino Standard DeW!
7-2; Corner Triangle-ControUed Intersections, and A-6.
Cupertino Standard Detail 7-4; Comer Triangle-
Uncontrolled Intersections, both on file in the office of the
City Clerk and the PlAnning Department. for details.)
"Decorative statuarY" means any strUCture or device
of any kind or character placed solely for aesthetic purposes
and not to promote any product or service.
! "Directional sign" means any sign which primarilY
displays directions to a particular area, location or site.
"Director" J1lPJlnll the Director of" Community
Development for the City or any authorized representative
thereof. .
"Directory sign'" rnl'"JlnR any outdoor listing of
occupants of a building or group of buildings.
"Electronic readerboard sign" U'l"'~mll an electronic sign
intended for a periodicaUy-changing advertising message.
"Flag" means any fabric, banner. or bnTlting
containing distinctive colors, patterns, or symbols, used as
a symbol of a government, political subdivision. or other
entity .
"Flag lot" means a lot having access to a street by
means of a driveway or parcel of land not otherwise
meeting the requirements of Title 19 of the Cupertino
Municipal Code for lot width.
"Foot-lambert" means a unit measurement of the
brightness of light trj\nm-titted through or refl~ted from an
object or surface.
"Freeway" means any public roadway SO designated
by the State of California. All freeways in the City are
considered "landscaped freeways. II
"Freeway oriented sign" means any sign which is
located within six hundred sixty feet and visible from m
freeway right-of-way as dermed by SectioD 5200 of the
California Business and Professions Code.
"Garage sale signs" means any sign used for
advertising a garage or patio sale as defined in Chapter 5.16
of the Cupertino Municipal Code.
5
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17.04.0:n.O
Cu.pertino . SigM
6
"Gasoline service station" 1N"1lInll any place of business
which offers for sale any motor vehicle fuel to the pubUe.
"Ground sign" me~n!i: any sign permanently affixed to
the ground and not supported by a building structure.
"Identification sign" means any sign whose sole
purpose is to display the mnTlf! of the site and the names of
the occupants, their products or their services.
"megal sign" 1I'U",lInll. any sign or advertising statuary
which was not lawfully erected. maintained, or was not in
conformance with the provisions of this title in effect at the
time of the erection of the sign or advertising statuary or
which was not installed with a valid permit from the City.
"llh . led . " . T .
lmm.:l sIgn ml":lInll any Sign un 17.lOg an
artificial source of light to enhlmce its visibility.
"Industrial district" meanll all ML districts and any
other zoning classifications which are consistent with the
industrial designation of the Cupertino general plan.
"Informational sign" means any sign which promotes
no products or services. but displays service or general
information to the public, including the likes of hours of
operation, rest room identific~tions and b1l7.ardous warnings.
"Institutional disttict" yneAnll all BQ, PRo FP, and BA
distticts and other zoning classifications and uses which are
considered institutional in nature and are consistent with the
institutional or quasi-public desipAtinn of the general plan.
"Interior lot" me-.lInll a lot other than a comer lot.
"Nonconforming sign" means any sign or advertising
statuary which was legally erected. and had obtained a valid
permit in confOfT'lllnce with the ordinance in effect at the
time of the erection of the sign but which became
nonconforming due to the adoption of the ordinance codified
in this title.
"Obsolete sign" me-:lnll any sign which displays
incorrect or misleading information, promotes products or
services no longer available at that site or identifies departed
occupants.
"Off-site sign" means any sign not located on the
premises of the business or entity indicated or advertised by
the sign. This definition shall include billboards. poster
panels, painted bulletins and other similar advertising
displays.
"Office district" means those buildings or groups of
buildings for which the permltted uses are professional
offices, is within an OA zone or which are designated for
offices on the general plan.
"On-site sign It means a sign directing attention to a
business. commodity, service or entertainment conducted.
sold or offered upon the same premises as those upon which
the sign is maintained.
. "Pennant" means any lightweight plastic, fabric. or
other material, whether or not CODt:lining a message of any
kind, suspended from a rope, wire, or string. usually in a
series, designed to move in the wind.
"Political sign" means a t.emporary sign which
encourages a particular vote in a scheduled election and is
posted prior to the scheduled election.
"Portable sign" DY"llInlll any sign not permanently
attached to the ground or a structure on the premilU"-s it is
intended to occupy. This definition shall not include A-
frame signs, sandwich signs BInd any other advertising
structure so defined.
"Project announcement sign" means any temporary
sign. which displays information pertinent to a current OK'
future site of construction, including the likes of the project
name, developers, owners and operators, completion dates,
availability and occupants.
"Projecting sign" means any sign other than a wall
sign which is attached to and projects from a structure or
building face or wall.
"Real estate sign. meAn!: a temporary sign indicating
that a particular premises is for sale, lease or rent.
"Residential district" means the Rt. RHS. R2. R3.
RIC. A, and Al zoning classificatioDS which are consistent
with the residential designation of the Cupertino general
plan..
"Roof sign" mellnll a sign erected between the lowest
and highest points of a roof.
"Shopping center'" means a retail entity encompassing
three or more teJlImts within a single building or group of
buildings, but within which individual business located in
defined tenant spaces are owned. and. mllnaged separately
from the shopping center )Tlanll.gement.
"Sidewalk site triangle" is a triangular shaped area
descn'bed in Cupertino Standard Detail 7-6. (See Appendix
A-7, Cupertino Standard Detail; Sidewalk Site Triangle
(Sidewalk Clearance at Driveway), on tile in the office of
the City Clerk and the Phmning Department.)
"Sign" means any device. fixture, placard, or structure
that uses any color, form, graphic, illnmination, symbol, or
writing to advertise. announce the purpose of. or identify
the purpose of a person or entity, to communicate
information of any kind to the public.
"Sign Area." The sign area of &n individually lettered
sign without background is measured by enclosing the entire
sign with a set of parallel vertical and horizontal lines. The
sign area of a sign with borders and/or background is
measured by a single continuous perimeter enclosing the
exterior limits of the border or background. The necessary
supports and uprights, or the base on which such sign is
placed, shall be excluded from the sign area. When a sign
is separated by thirty-six inches or more, the area of each
part may be computed separately.
"Sit(." means a piece ofland as shown on a subdivision.
map, record of survey map or assessor's parcel map. which
constitutes one development site and which may be
composed of a single unit of land or contiguous units under
common ownership. control. or development agreement.
1,.-1 ;).c
7
DefurltiolmS
17.04.01@
"Special event" means a temporary promotional event
including, but not limited to, a special sale on merchandise
or services, or grand openings.
"Street address sign" melln!& any sign which displays
only the street address number(s) of the site and, at the
option of the property owner, the street DlItne.
"Street frontage" means the length of a site along or
fronting on a street or other principal thoroughfare, but does
not include such length along an alley. watercourse, railroad
right-of-way or limited access roadW<JlY or freeway.
"Temporary sign" lJlI'"~nll any sign displayed for
infrequent and limited time periods.
"Trim" means the molding, battenS, cappings, nailing
strips. lattice and platforms which are attached to the sign.
"V-shaped signs" means any sign consisting of two
vertical faces, . or essentially vertical faces, with one
common edge and which appears as the letter V when
viewed directly from above.
"Vehicle sign" me",nll a sign painted on or attached to
an operable or movable vehicle; in the case of motor
vehicles, "operable" shall be detined as having a valid
license plate.
"Wall sign" means any sign which is attached. erected
or . painted on the exterior wall of a building with the
exposed face of the sign parallel to the wall.
"Window sign" means any sign displayed in or painted
on a window facing a public street, parking lot. pedestrian
plaza or walkway accessible to the public. Displayed in
means a sign which is clearly intended to be visible from an
adjacent street. (Ord. 1624, (part), 1993)
, .-( ;LI
17.12.010
cHAl"'I'ER 11.12: ADMDNISI'lRA 'fiVE PJROCEJi)lJlRES
Section
17.12.010
Conformity with provisions
required.
Permit-Required.
Signs requiring Plllnni1'lg
CommiJ;sion review.
Application-Form and contents.
Application-For new development-
Timing.
Application-Review criteria.
Sign modification-Authority.
Permit-Issuance by Building
Division-Installation information.
Appeals and exceptions.
Inspection requirements.
Summary of application approval
process.
Reyocation of sign
approval-Authority .
Grounds for revocation.
Hearings-Notice.
17 .12.020
17.12.030
17.12.040
17.12.050
17.12.060
17.12.070
17.12.080
17.12.090
17.12.100
17.12.110
17.12.120
17.12.130
17.12.140
17.12.@10 Como>rmity with Pro'risions Required.
It is unlawful for a sign to be placed, erected, moved,
reconstructed or altered unless mllrle to comply with the
provisions of this tide. (Ord. 1624, (part), 1993)
17.12.020 Permit-Required..
All signs which are not exempted by Chapter 17.16
require a sign permit to be approved by !he Director. The
Director shall review and submit to the applicant a decision
within thirty calendar days from receiving an application for
a sign. (Ord. 1624, (part), 1993)
S. R .. pi . C .,
IgDS eqwnng Annlng omml~OIl
lReview.
Electronic readerboard signs. freeway oriented signs,
decorative statuary and exposed neon lighting used in wall
or ground signs shall require approval from the pJlmning
Commk.sion prior to the Director issuing a sign permit.
Permitted neon window signs do not require Planning
Commission approval. In regard to these signs only, the
17. 12J)30
Pl:mning COIIln:llssiou's decision is final unless appealed in
accordance with Section 17.44.080. The Phnning
Commis.sion shall use the criteria as established in SectioDS
17.24.150, 17.24.170, 17.24.190, and 17.24.200 for review
of those signs. (Ord. 1624, (part), 1993)
17.12.040 Application-Form and Conten4s.
An application for sign approval shall be made on a
form specifying type, number of exhibits and filing fees by
the Director and shall be signed by the property owner or a
duly authorized agent. The application shall contain
information regarding the size, color and samples,
i1l11min~tion intensity and type, materials, number ,location,
type of signs, and the location of the business on the site and
any other additional information as may be deemed
necessary by the Director. (Ord. 1624, (part). 1993)
17.12.050 Application-For New Deve1opment-
Timing.
The application for sign approval or a conceptual sign
program for a new development shall be ID~de in
conjunction with the review of the use permit for the entire
project in order that the design of the signs be taken into
consideration at the time of architectural and site planning.
(Ord. 1624, (pwrt), 1993)
17.12.060 Application-Review Criteria.
The Director or the Pbnning Commh:sion, as the case
may be, shall review !he sign application to ensure:
A. That the proposed sign meets the requirements of
this title or any special conditions imposed in the
development by the Planning Commission, or City Council;
and
B. That the proposed sign's color and illllmination
is not in conflict with the safe flow of traffic on the City
streets. (Oed. 1624, (part), 1993)
17.12.07(8 Sign Modiftcatiolll-AMhority.
The Director or Planning Commission, as the case
may be, sball have authority to require modification of the'
sign to ensure that it meets the criteria stated in Section
17.12.060. (Ord. 1624, (part). 1993)
9
(..../ ~:).
17.12.000
Cupertilmo . Sips
10
11.12.000 Pemt-Isswmce by Building Dlvision-
~tlon moJr'lWiliOIm.
Upon approvlll1 by the Director or plltnning
Commi~ion, as the case may be, the applicant shall obtain
a building permit. Additional information related to the
building code may be required by the Building Official
concerning the installation of the sign. (Ord. 1624, (part),
1993)
11.12.090 AppeWs and Exceptfiornil.
Those applicants who wish to appeal a decision by the
Director or a decision of the plAnning Commission or who
wish to apply for an exception shall do so under the
provisions of Chapters 17.44 and 17.52 of this title. (Ord.
1624, (part), 1993)
17.12.1.00 Inspection Requirements.
A. A person erecting, altering or reloc9t1ng a sign
shall notify the Director upon completion of the work for
which permits have been issued to ensure that the sign has
been installed as specified.
B. The Building Inspector or p~ shall have the
authority to review the light jntensity of all illnminllltPil signs
with the power to require reduction of the light intensity to
ensure that the sign's illumination does not exceed the
j]lnminll.t1on st~mdllords as .regulated by Section 17.24.190.
(Ord. 1624, (part). 1993)
17.12.110 SrlTnnuary of Application Approval
Process.
Appendix A-I. Sign Application Approval Process
Flow Chart, on file in the office of the City Clerk and the
PI9nning Department. su:mmarizes the application approval
process. (Ord. 1624, (part), 1993)
17,12.UO Revoattion of Sign Approval-Authority.
The Director has the authority to revoke any sign
approval originally issued by bimJher. The pbnn ing
Commh:sion has the authority to revoke any sign approval
issued by it. (Ord. 1624, (part), 1993)
17.12.130 GroUlllds for Revocation.
Any sign approval may be revoked on the basis of one
or more the following grounds:
A. Fraud or misrepresentation by the applicant with
respect to any information contained in his or her approved
application or with respect to any other information
provided by the city.
B. Failure of the applicant to meet or abide by any
condition imposed upon approval.
C. Failure of the applicant to utilize the approval
within one year of its issuance.
D. Abandonment of the sign for a period of thirty
days. (Ord. 1624, (part), 1993)
17.12.140 Hearings-NotAte.
Prior to revocation, the Director or the p'Allning
COJ11mi~ion, as the case may be, shall hold bearings after
written notice is provided to the applicant. (Oed. 1624.
(part), 1993)
, "I 23-
l'.1@.019
CHAPTER 17.16: EXEMPT S!GNS
Section
17.16.010
Certain signs exempt from permit
requirements.
17.16.010 Certmn Signs Exempt from Permit
Requirements.
The following signs do not require a pennit from the
City, providing they comply with the following regulations:
A. Directory Signs. Directories located within the
interior of a project which are not oriented to a public
street;
B. Garage Sale Signs. Garage sale signs subject to
the limitations in Section 17.32.030 and Chapter 5.16 of this
code;
C. Governmental Signs. Governmental signs for
control of traffic and other regulatory purposes, street signs.
danger signs, railroad crossing signs. and signs of public
service companies indicating danger and aids to service or
safety; ,
D, Identification Signs. Identification signs for a
business or profession which are not i1l11min "'ted, and which
are less than two square feet in area. located on portions of
a building, shopping mall or office complex;
E. Information Signs. lnfonnllrional or directional
signs which are located entirely on lhe property to which
they pertain. do not advertise a particular business, and are
less than four square feet in area;
F. Temporary Political Signs', Temporary political
signs subject to the limitations in Section 17.32.040;
G. Public Notices. Public notices or posters as
legally required by a government agency;
H. Residential Real Estate Signs. Real estate for
sale/for lease/for rent signs. subject to lhe limitations in
Section 17.32.060; .
L Sale, Rent or Leasing Signs. Sale. rent or
leasing signs subject to the limitations in Section 17.32.070;
J. Street Address Numbers. Address numbers in all
districts, providing they are Dot meant as an advertising
mechanism;
K. Symbols or Insignias. Symbols or insignias,
commemorative plaques of recognition and k!-:'utification
emblems of religious orders or historical agencies, provided
that such signs are placed on or cut into the building. are 110~
internally illnminated, and do not ex.ceed four square feet in
area; and
L. Window Signs. Window signs subject to the
limitations in Sections 17.24.090 and 17.32.100. One
"OPEN" sign not eXceeding two square feet and of any
material may be placed in a window without penalty
towards window coverage limitations.
M. Bus Shelter Signs. Signs installed in Santa Clara
County Transit Agency bus shelters. (Ord. 1720, (part).
1996; Ord. 1624. (part), 1993)
11
f -1.Qtj,-
1 '1.20.014)
clllAPTElR 17.2.4): JPJROBmI'!".1IQI) SJ[GNS
Section
17.20.010
Prohibited signs designated.
17.20.010 Prohibited SlgDs Desigmted.
The following signs are not permitted in the City:
A. Advertising Statuary;
B. Animated Signs. A1\imllltf'd signs except for
banners, flags, rnnantq and balloons permitted on a
temporary basis as regulated in Chapter 17.32, and
electronic readerboard signs as permitted in Section
17.24.150;.
C. Audible Signs. Advertising displays which emit
audible sound. odor or visible mllotter;
D. Off-site Signs. Any off-site sign except as may
be permitted in Chapter 17.32;
E. Portable Signs;
F. Roof Signs. Any permanent roof sign;
G. Traffic Conflict Signs. Signs which because of
color, wording, design, location or i111JminllOon resemble or
conflict with any traffic-control device or with the safe and
efficient flow of traffic;
H. Vehicle Signs. The parking of any vehicle or
trailer, on either public or private property which is visible
from a public right-of-way. which has affixed to it a sign
which is intended to attract or direct customers to a business
on or Dear the property is proln'bited. This subsection is not
intended to apply to standard advertising or identification
pni.ctices where such advertising displays are painted on or
permanently attached to a business or commercial vehicle
which is actively being used by the business unless the
vehicle is in violation of the parkingorrlinllnr.e. (Ord. 1624,
(part), 1993)
13
1-1;1..6
Section
17.24.010
17.24.020
17.24.030
17.24.040
17.24.050
11.24.060
17.24.070
17.24.080
17 .24.090
17.24.100
17.24.110
17.24.120
17.24.130
17.24.140
17.24.150
17.24.160
17.24.170
17.24.180 '
17.24.190
17 .24.200
17.24.210
17.24.220
17.24.230
17.24.240
17.24.250
17.24.260
17.24.270
17.24.0.10
CHA.P'fER 17.24: SIGN lREGULATlIONS
Intent and applicabilitY of
provisions.
Sign program-Required when.
Sign program-Information required.
Signs in special pl~nning districts.
Wall signs-Number of signs
permitted.
Wall signs-Commercial and
industrial districts. .
Wall signs-Office and institutional
districts.
Wall sign location.
Permanent window signs.
Ground signs-Number of signs
permitted. .
Ground signs-Size.
Ground signs-Location.
Ground signs-Information cont~ined.
Ground signs-Gasoline service
statiODS.
. Electronic readerboard signs.
Changeable copy signs.
Freeway orientation.
Design criteria.
illumination restrictions.
Decorative statuary.
Obstructions prohibited.
Signs near residences.
Residential districts-Name plates and
street or unit numbers.
Residential districts-Development
identification signs.
ConstrUc~on and maintenance
specifications.
Summary of regulations for signs
according to districts.
Beverage container recycling signs.
ll. '7 . 24.<<U.O lIntent and Applicability of PromolilS.
The regulations in this chapter are intended to govern
the number. size. location and design of signs within various
land use districts of the City. (Ord. 1624. (part), 1993)
17.24.000 Sign lP'rogram-Re<<JlWned Wbellll.
A. All developments in a commercial.. office.
industrial, institutional, or residential district shall adopt a
comprehensive sign program. The sign program shall be
filed with the Director and shall specify standards for
consistency among all signs within the development. All
regulations in this chapter shall be used as criteria for
developing the sign program.
B. The adoption of a sign program sha1.1 be required
at the time of the initial construction of a new project.
Existing developments in the City which do not have a
comprehensive sign program shall be required to adopt one
when the first tenant in the project requests a change of face
as defined in this title. Thereafter. all subsequent changes
of face in the project shall be required to conform to. the
adopted program. (Oed. 1624. (part).. 1993)
17.24.030 Sign Program-Information Required.
On any commercial, office or industrial site. or
building requiring a sign program. the owner shall submit
to the Director a sign program contJlJining the following:
A. An accurate plot plan of the site at such scale as
the Director may reasonably require;
B. Location of buildings. parking lots, driveways,
and landscaped areas on the lot;
C. Computation of the maximum total sign area, the
maximum area of individual signs. the height of signs and
the number of freest~ntli1'\g signs;
D. An accurate indication of each present and future
signs not exempt by this title; and
E. Specifications for consistency among all signs
with regard to:
1. Color scheme;
2. Sign type (individual channel letterS. can sign,
wood signs. etc.);
3. Lighting;
4. Location of each sign on the buildings;
5. MaterWs;
6. Sign proportions;
7. Any other pertinent information as required by
the Director. (Ord. 1624. (part). 1993)
15
j --I tLk
11.24.<<MO
Cupertino. SigM
16
17.24.040 Si.gIms in Spedal f'hmnill'ilg DIstricts.
An.y business regulated by the Monta Vista Design
Guidelines or any area regulated by a specific plan shall be
subject to the sign regulations contzined within those plans.
(Old. 1624, (part), 1993)
17.24.0150 Wall Sip-Numbelr of Sigrms Permitted.
A. Except for residential districts, each business with
exterior frontage shall be permitted one wall sign.
B. One additional wall sign shall be permitted under
!illY one of the following circumstances, provided there is no
more than one wall sign on each side of the building:
1. For businesses which do not have a ground sign
and the business is adjacent to more !han one street; or
2. The sign is directed to the interior of the project
and not visible from a public right-of-way. (Ord. 1624,
(part), 1993)
17.24.060 W mil Signs-CommerciMJI and Industrl.ml
Districts.
A. In retail commercial or industrial districts, wall
signs shall not exceed one square foot of sign area per one
foot of the store frontage on which the sign is located. The
length of the sign shall not exceed seventy percent of the
store frontage. Each business shall be allowed a minimum
twenty square foot sign. No wall sign shall be greater than
two hundred square feet in area.
B. The maximum height of a wall sign is regulated
by the fonowing criteria:
1. Eighteen inches for signs set back fifty feet or
less;
2. Twenty-four inches for signs set back more than
fifty feet;
3. Twenty-four inches for businesses with. five
thousand square feet or more regardless of the setback;
4. Thirty -six inches for businesses with ten thousand
square feet or more and set back ODe hundred feet or more;
5. Forty-eight inches for businesses with twenty
thousand square feet or more and set back one hundred feet
or more.
See Appendix A-g, Example of How to Figure Size of
Wall Sign, on file in the office of the City Clerk and the
plAnning Department, for exarriple.
C. Wall signs which are internally iJ]llminated shall
be designed in a manner so that the light source is not
directly visible. Neon lighting used in the lettering design
or accent of any wall sign shall require l1pproval from the
Phmning Commi~sion. (Ord. 1624, (part), 1993)
17.24.070 WmU 3igns-Offtce md InstitutioIlUll!
Distrkts.
A. Signs for businesses in an office or institutional
district shall not exceed one square foot of sign area per one
Unear foot of frontage. Further. each sign shall not exceed
forty square feet and sltall not exceed seventy percent of the
frontage the business occupies in the building.
B. The mJnrimum height of a wall sign in an office
or institutional district is eighteen inches. Will signs set
back from the property line more than fifty feet are
permitted a sign height of twenty-four inches. COrd. 1624,
(part), 1993)
111.1.4.081lD Wm!i] Sigmt lLoantio,t:lJ.
A. Wall signs shall not project above the roof line of
the building. .
B. Wall signs shall not extend above the top level of .
the wall upon which it is situated and shaIl not project more .
than six feet from a building.
C. No projecting wall sign shall extend into a public
right-of-way more than twelve inches. Any projecting sign
shall have a vertical clearance of at least fifteen feet above
a private or public vehicular roadway, alley, driveway or
parking area. and at least eight feet above a sidewalk.
pedestrian mall or landscaped area.
D. A wall sign which is an integral part of the face
of an architectural projection shall not project beyond the
face of the architectural projection more than two feet.
(Ord. 1624, (part), 1993)
17.24.090 Permanent Wmdow Sips.
A. Permanent window signs, including neon window
signs in commercial districts, may be placed in addition to
the allowable wall signs and shall be considered part of the
allowable wall sign area.
B. The total area of any window obscured by any
combination of permanent and temporary window signs
shall not exceed twenty-five percent of the window surface.
C. Each business in a commercial district may be
permitted neon signs totaling not more than four square feet.
Use of neon window signs does not require Planning
Commil:sion review.
D. . One "OPEN" sign Dot exceeding two square feet
may be permitted without penalty to the allowable window
coverage. (Ord. 1624, (part), 1993)
17.24.100 GroUl!1d Sign.!i-Number of Sagos
Permitted.
Except for residential districts, each site meeting the
following criteria shall be allowed one ground sign.
A. The site has a winimum of one hundred feet of
frontage with a combination of street frontage and building
setback totaling one hundred fifty feet. For sites located on
a comer the sign must be located on the street frontage of
the site's address.
B. Sites with over five hundred feet of frontage may
have one additional sign. A development consisting of two
( -{ ;L 7
17
Snp Regulllticll1lJ
17.14.1GO
or more businesses in one building; or a single site with
more than one building; shall provide for common usage of
the sign. (Ord. 1624. (part). 1993)
11.2.4.119 . Ground Sips-Sfize.
A. Each ground sign allowed within the city shall be
limited to eight feet in height. The height of a ground sign
shall be dete1l1Jlined. by measuring from the grade of the
adjoining dosest public sidewalk. to the highest portion of
the sign, including the trim.
B. The aggregate sign area of all ground signs on a
site shall not exceed a total area equal to ODe square foot for
each four linear feet of street frontage of the site.
C. The aggregate sign area of aU ground signs shall
not exceed an area of one hundred square feet.
D. The. sign area for "V" shaped signs and signs
with more than two faces shall include the area of all faces
of the sign. All other double-faced signs need only count
the larger of the two surfaces into the sign area:
See Appendix A-9. Example of H,ow to Figure Size
and Location of Ground Signs, on file in the office of the
City Clerk and the Plll.nn;ng Depart:ment. for example.
(Ord. 1624. (part), 1993)
17.24.129 GroWld Signs-Location.
The location of all ground signs shall meet the
following criteria: .
A. Every ground. sign shall be located wholly on the
property for which the use the sign is advertising is located
on.
B. No portion of any ground sign shall be located
closer than ODe foot from the pU1:llic right-of-way.
C. No portion of any sign over three feet in height
shall be located within a corner. triangle or sidewalk site
triangle.
D. No ground sign shall be located closer than one
hundred feet from any other ground sign on the same
property .
E. Ground signs located OD interior lots having less
than two hundred feet of frontage shall be positioned within
the center fifty percent of the lot frontage. Interior lots with
more than two hundred feet of t;rontage sballlocate ground
signs no closer than fifty feet from a side property line.
(Ord. 1624, (part), 1993)
1I.7.2<ll.13@ Ground Signs-WoJnll].llltiolll Contained.
A. The number of tenaD1 names on a multitenant
ground sign is limited to five. For multiteDant signs in a
commercial district only. each tenant f'lllme shall not be less
than six inches in height with a II1inimum of four-inch space
between tenant names.. A shopping center or other
multitenant commercial development with a center name
shallempbasize the name on the sign.
B~ Street address numbers or the range of numbers
for businesses shall be clearly displayed on the ground sign
for easy visibility by pass;ng motorists. If no ground sign
exists the street address nvm~ or romge shall be clearly
displayed on the building. .Street address numbers shall be
a fTIinhnum of five inches high as required by Section
16.04.050 of the Cupertino Municipal Code. (Ord. 1655,
(part). 1994: om. 1624, (part), 1993)
17.24.140 GroUlDld Sogns-GllIl'ioDfume Semele St!Iluoom;a
Gasoline service statiODS are permitted one ground sign
regardless of street frontage with the following criteria:
A. The fuel price sign shall be incorporated into the
gasoline service station ground sign and be computed in the
permitted sign area;'
B. A second fuel price sign may be attached to the
wall of the service station building facing the public street
in inst"'nf'es where a service station is not identified by a
ground sign. The price sign shall be permitted in addition
to any building mounted sign allowed for the site under
Section 17.24.050 of this chapter;
C. The number of product prices listed on the
ground sign or wall sign display. shall not exceed six per
face. The letter size of the price display shall not exceed.
the mm;mum specifications contained in Section 13532 of
the California Business and Professions Code. (Ord. 1624,
(part). 1993)
17.24.150 Electronic: Readerboard Signs.
Electronic readerboard signs are recogp;7ed as an
important advertising device for larger commercial retail
centers, but may not be appropriate for all centerS as an.
over proliferation of these devices may have adverse effects
r
on the corimIUnity. The PlAnn;ng Commi!;:sion may approve
one electronic readerboard sign under the following criteria.
A. An electronic readerboard sign may only be
approved for shopping centers which have twenty tenants or
more and a m;n;mum of fifty thousand square feet of gross
floor area.
B. The sign shall not be located closer than five
hundred feet from any residential district on the same street
as the sign.
C. The background of the readerboard portion of the
sign shall be the same color as the primary background.
Where this is not practical. a shade of the same color or a
color which is complimentary to that of the primarY
background may be considered.
D. The sign shall follow the design criteria as
established in Section 17.24. 1 gO.
E. The electronic readerboard sign shall be regulated
by the same height. size. and location criteria as ground
signs in cOlD1IlCrcial districts regulated by Sections
17.24.110, and 17.24.120.
,-'/~t
17.24.150
Cupertino - Sips
18
F. Retail shopping centers with an electronic
readerboard sigh shall have restricted use of special Signs as
required in Section 17.32.090. (Old. 1624, (part), 1993)
17.:M.169 CTtt.9.ngeable Copy Sips.
Changeable copy signs in commercial districts shall be
permitted only to the extent that they conform with and are
included in the total sign area permitted for a business in
that district and are deemed necessary to the t.ype of
merchandising required by the particular business. Such
signs shall consists of a perTTllmeot sign and symbols or
letters made of plastic. metal or computerized material
approved by the Director. Chalk, crudely painted or other
improvised lettering shall not be permitted. (Ord. 1624,
(part). 1993)
1.7.:M.17@ JFreewBY Orientation.
A. All signs located within a. commercial, industrial,
or office district and within six hundred sixty feet of a
"landscaped. freeway, " .measured from the edge of right-of-
way, shall be oriented to the regular street system adjoining
" the property rather than to an orientation that is exclusively
visible from the freeway. Signs may be oriented to the
freeway, subject to the approval of the phronning
Commi!mion.
B. Signs must be intended for company identification
purposes only, be building mounted, and not exceed the siZe
limitations for building mounted signs otherwise prescribed
in this title. Copy content for company identification
purposes shall be kept as simple as possible to avoid
excessive clutter and to aid in the legibility of the sign's
message.
, C. On-site signs of a tempOrary nature, such as for
sale or for lease signs. may be oriented to the freeway for
a limited period of time subject to the restrictions of Section
17.32.070.
D. Only one building mounted sign oriented to" a
freeway shall be allowed per business. or per tenant in Ii
building which is occupied by two or more tenants.
However. Dot more than two freeway-oriented building
mounted signs shall be allowed on any single building or
structure at any time, notwithstllncting the total number of
tenants hi the building or structure. Freestanding signs shall
not be allowed for freeway identification purposes.
E. In addition the regulations contained in this title,
signs not exempted or excluded by Section 5272 of the State
of California Business and Professions Code shall be
regulated by the "Advertisers" chapter of that code. (Ord.
1624, (part), 1993)
17.24.180 Design Criteria.
Although the aesthetic appearance of signs is
subjective. the City recogn17.es that certain basic design
guidelines are needed in order to maintain the City's high
quality appearance. The follOwing criteria sh21l be
incorporated into the design of signs.
A. Ground signs shall be either housed in a frame or
set onto a base. presenting a solid, attractive, wen
proportioned and baJi:lIftI'M appear2l1Ce. The size and shmpe
of the frame or base shall be proportionate to the size and
weight of the sign. Low signs are generally mOre
appropriate on a base. whereas taIler signs are generally
more appropri2te in a frame. (See Appendix A-2,
Examples of Well Proportioned Signs. Examples of Signs
Not Well Proportioned. on file in the office of the City
Clerk and the PJ~nning Department, for examples.)
B. Gro\indsigns shall be located within a landSC'aped
area proportionate to the size of the sign. Appropriate
landscaping should be placed at the base of the sign.
C. Fl'lch sign shall be compatible and compliment the
architectural style of the building with which it is principally
associated, by incorporating its colors, materials, shape and
design. The sign shall also be compatible with the aesthetic
character of the sutrounding developments and
neighborhood.
D. Background panels should be consistent in muted
colors.
E. Sign copy shall be simple and concise, without
excessive description of services or products. '
P. Wall signs shall not project above the eaves of the
roof or top of parapet.
G. The sign's color and illnminlltion shall not
produce distrac~on to motorists or nearby residents. (Ord.
1624, (part), 1993)
1.7.24.190 "IDmninatlon Restrictiom.
A. Exposed neon lighting used in any wall or ground
sign shall require approval by the Pll'lnning Commission.
B. The intensity of illumination for signs located
within the commercial, office and industrial districts shall
not exceed appro:dmlllely two hundred fifty foot-lamberts.
All other districts shall not exceed approximately one
hundred foot-Iamberts. The foot-lambert readings shall "be
used as a guide by staff to evaluate signs which are deemed
to be: a problem to passing motorists or residents in the
surrounding neighborhood.
C. The color and thickness of the sign panels as well
as the brightness of the bulbs used to illnminate the sign
shall be designed in such a rmmner as to avoid excessive
illumination and glare.
D. illuminated signs which are not a necessary part
of the security lighting system for a business sball be turned
off at 11:00 p.m. or within two bours after the business is
closed, whichever is the later time.
E. All exterior lighting shall be placed in a m~nner
so that the light source will not be seen from off the site.
(Ord. 1624, (part), 1993)
, -t.lq
19
Sign lR~ti(ll-
17.1A.200
17 .%4.20$ DKolI'ame SUtWbI'Y.
Decorative statUUY may be permitted in commercial,
institutional, industrial and office districts in conjunction
with the overall architecturtJl design of the building. the
landscaping scheme and the sign program for the business.
The PllInning Commk'iiion shall ynllln~ a determination as to
whether a struCture is advertising sta1\WY or decorative
statuary, and shall only approve decorative statuary which
is made an integral pm of the site design and Iheme of the
use or business. (Ord. 1624, (part), 1993)
17.24.21@ Obstructions Prohibited.
No sign or other advertising st:rUCt\llC sba1l be erected.
relocated or maintained so as to prevent free ingress to or
egress from any door, window. fire escape, driveway.
sidewalk or bike path. (Ord. 1624, (part). 1993)
17.2.4.220 "S"1gDS ne.v Residences.
No sign other than those permitted in a residentW
district shall be located closer than one hundred.feet from
any residential districts except if the sign surface is mounted
in such a ml!lnner so as not to be vist"ble from any residence
within one hundred feet of the sign. (Ord. 1624, (part),"
1993)
17.24.236- Residential Districts-Name Plates Md
Street or Vllit Numbers.
Each residential unit shall be permitted nllme plates of
two square feet or less and street or unit numbers. (Ord.
1624, (part), 1993)
17 .:w.~ Residential Distrids-Developmmt
Identilication Sips.
Developments co~intng twenty units or more shall be
permitted one identification sign which shall not exceed five
feet in height and shall be no greater than thirty-two square
feet per side. Such signs shall be placed adjacent to the
major entry of the development. Projects having frontage
on more than one street shall be pemiitted one such entry
sign on each street. Identification signs shall contain only
the name and address of the development. (Ord. 1624,
(part), 1993)
17.24.259 ConstructioIIl and MamteBWlce
Specifteations.
A. All signs shall conform to the building and ~ind
load requirements of the Uniform Building Code and
Uniform Electrical Code as adopted in Title 16 of the
Cupertino Municipal Code.
lB. All signs with internal illumination shall b:
constructed of noncombustible materials, be approved by
Underwriters Laboratory (UL). U.S. Bureau of Standards,
or other similar institution of recogni7.ed standing, and be
mllintlline:d in satisfactory condition or be immediately
repaired or replaced.
C. All electrical. gas or other utility service aand
other pertinent fixtureS shall be placed underground. .
D. Guy wires or cable supports used to brace the
sign shall not be visible to the observer.
E. No sign shall be suspended by cbllinlil or other
devices that will allow the sign to swing due to wind causing
wear on supporting members.
F. All signs shall be maintained in safe. unbroken.
and struCturally sound 'IrnInnet, including the replacement or
repair of mny defective parts. painting, clellning and any
other work necessary to m:lllintaID. the sign and any land~ape
planter associated with the sign. (Ord. 1624, (part), 1993)
17.24.260 Snnn.mary of Regulations roc Saps "
According to Distrids:.
Appendix A-3, Summary of Sign Regulations
According to Districts, on file in the office of the City Clerk
and the Plllnning Departm~t, summarizes geners! sign
regulations according to districts. (Ord. 1624, (part), 1993)
17.24.270 Beverage Container Recycling Sips.
A. A dealer of beverages sold in containers which is
subject to provisions of the California Beverage Cont:llliner
Recycling and Utter Reduction Act of 1986 may display one
building mounted single face sign not exceeding ten square
feet in area which sets forth the information conceming a
certified recycling center, as d.escn'bed in Sections 14510 .
and 14571 of the Public Resources Code. SUch sign shall be
allowed in addition to any other signs allowed for the dealer
in accordance with the provisions of this chapter.
B. Signs for certified redemption centers shall be
subject to the limitations and review procedures applicable
to the zoning district in which the redemption center is
located. (Oed. 1196, (part), 1998; Ord. 1624. (part), 1993)
/ -I '3D
17.32.010
CHAPTER 17.3%: TEMPORARY SIGNS-REGULATIONS
Section
17.32.010
17.32.020
17.32.030
17.32.040
11.32.050
17.32.060
17.32.070
17.32.080
17.32.090
Temporary signs-Location.
Flags.
Garage sale signs.
Temporary political signs.
Project announcement signs.
Residential real estate signs.
Sale. rent or leasing siplS.
SUbdivision directional signs.
Temporary and special event signs
and promotional devices.
Window signs.
17.32.100
17.32.010 Temporary Signs-Location.
A. No person shall paint. mark. or write on, post,
lltt~ch or otherwise Ilffix, any tempOrary sign to or upon any
public property. loidewaIk, crosswalk. curb, curbstone.
fence, wall. public playground equipment andfor 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 colDJIILlIlicition service)
or upon, any fixture of the fire alarm or police telegraph
system or upon a lighting system, public bridge. drinking
fountain. street sign. 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.
B. Notwithstanding any provision to the contrary
described in Section 17.32.010A 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 adjacent ground level.
4. Shall have a maximum length of any part of the
sign of three feet.
2004 5-1
c. Unless otherwise provided for in thiS ch:,-pter. all
temporary signs. whether or not located in the public right-
of-way:
1. Shall not be located on the street or on street
medians.
2. Shall not be illllminllted.
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 mllintain at least 36 inches of clear and
contUmous width along a sidewalk or pathway plus any
other area needed for h:mdicapped accessibility.
5. Shall not L~lct 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.
6. All parts of the sign shall be set baCk a minimum
of eighteen inches from the face of the curb or from the
edge of the street, bicycle or vehicle trave1lane. whichever
is the greatest distance from the edge of the street. bicycle
or vehicle travel lane.
7. The temporary signs in the public right~f-way
other than political signs shall be removed by sunset.
D. Persons who place temporary sigos in public
rights-of-way are encouraged to notify and seek concurrence
of adjacent property owner(s) and resident(s) before placing
temporary signs.
E. . The provisions of Section 17.32.010B. C and 0
shall not be applicable to the following:
1. The mamtfl!mmce of signs affixed or painted upon
public or private motor vehicles;
2. The maintenance of si~ 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;
4. The maintenance of banners affixed to the top of
the cjty-ownecllight poles located over SteVens Creek and
De Anza Boulevards; zmd
5. The maintenance. of hazard markers or
emergency signs. (Ord. 1926. ~ 1 (part). 2004; Ord. 1796.
(part), 1998; Ord. 1755. (part). 1997; Ord. 1624. (part).
1993)
21
{ -13.j
17.32.020
Cupertino. Signs
22
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 tweDty
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 commercial activity shall be subject to the approval of the
Director in conjunction with a CQtDprehensive 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 Dot later than five days after the special
event to which they pertain is scheduled and are otherwise
governed by the provisions of Section 17.32.090. (Ord.
1926. f 1 (part). 2004; Ord. 1796. (part), 199&; Ord. 1624,
(part), 1993)
17.32..030 Garage Sale Signs.
A.' Signs advertising a bona fide garage sale activity,
as 1efin.ed in Char~er 5.16 of the Cupertino Municipal
Code, shall be penIJitted 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: (Ord. 1926. ~ 1
(part), 2004; Ord. 1624, (part), 1993)
17.32.040 Temporary Political Signs.
A. Ll?Cation. 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:
1. Like all other temporary signs, they are allowed
in the public right-of-way pursuant to Section 17.32.010A,
B. and C;
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 pe~D entitled to
possession of said property;
3. 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
Chapter 17.52 of this Municipal Code, may cause such
signs rPmllining after expiration of the appropriate five-day
period to be removed;
2004 S.l
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 D'l'".fl~l'.e to
pedestriai1 or vehicle traffic, he or she may cause it to be
removed ~1Tmmll1ily pursuant to Section 17.52.040C of this
Municipal Code. (Ord. 1926, ~ 1 (part), 2004; Ord. 1796,
(part),. 1998; Ord. 1755, (part). 1997; Ord. 1655, (part),
1994; Ord. 1624. (part), 1993)
(
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 ",::Ime 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 freestanrling signs CODtllining
the n::lme of the project, the owner, address and telephone
n11ID;ber, 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 thirty-two
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 uD.til all of the units are sold,
whichever comes first. ,~tensions may be granted by the
Director if the project has not been completed. (Ord. 1926.
~ 1 (pan), 2004; Ord. 1624, (part). 1993)
{.
17.31.060 Residential Real Estate Signs.
A. Subject to the restrictions contained in Section
17 .32.0 ~O. 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 signs sh.a1l not exceed six
feet in height and shall be subject to the requirements stated
in Section 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 Section 17.32.06OB and Section 17.32.010.
D. Off.Site Open House Signs. Each parcel with a
unit for sale is permitted a maximum of six OpeD house
signs subject to the requirements stated in Section
17.32.010. (Ord. 1926, i 1 (part), 2004; Ord. 1886, (part),
2001; Ord. 1720, (part), 1996; Ord. 1624, (part). 1993)
.
i
'.
I -I :3 ~
23
Temporary SipS . Regulations
17.32.070
17.32.010 ' Sale,. Rent or Le8'png Signs.
A. Sale, rent or leasing signs sIWl be permitted in
all zones except residential zones. Signs for residential
zones are stated in Section 17.32.060 of this chapter.
B. The signs may include the nllme of the real estate
agent or owner, the address, phone "nmher and any other
pertinent information.
C. Each parcel shall be allowed to display one
salelrentllease sign on each public street frontage. Each
sign face shall be limited to thirty-two square feet, with a
rnllt;imum of two faces per sign. Each sign shall be limited
to a height of six feet. "V" shapet;l signs. are prohibited.
D.' A building mountp..d sale/rentllease sign may be
used in lieu of a freestanding sale/rentllease sign. One
building mounted sign may be placed on each building
elevation facing an adjacent public street; provided, that a
freestanding salelrentllease sign as descnbed in subsection
C of this section is not displayed concurrently on 1:h.U public
street frontage. The sign shall be restricted to thirty-two
square feet of face area, and shall be located and displayed
in accordance with the provisions of Section 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 such off~site signs
shall be confined to private property, subject to the approval
and cooperation 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 [I'In;mum of
two signs per off-site parcel. The off-site signs shall have
a maximum of two faces, and shall not exceed thirty-two
square feet in area per face, nor exceed a height of six feet.
The location of such off-site signs is' subject to Section
17.32.010.
F. 1. For salelrentllease signs may be installed up
to thirty days prior to any tenant vacancy.
2. Immediately following the close of sale, rent or
lease of the space ~r building the sale, rent or lease sign
shall be removed.
G. For salelrentllease signs may not reasonably
obstrUCt the visibility of any permanent ground sign. (DId.
1926, ~ 1 (pan), 2004: Ord. 1720, (part), 1996; Ord. 1624,
(pan), 1993)
17.3%.080 Subdivision Directional S!gDS.
A. Subdivision directicm.al 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 Dot in Cupertino sball not be
permitted subdivision directional signs. '
B. A total of three such signs per subdivision shall
be permitted within the city as determined by the Director.
2004 S-1
C. Each sign shall not exceed six feet in height and
thirty-two 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 Section 17.32.010.
F. Applications for subdivision directional signs
shall include a list of all other existing signs for the same
subdivision, indicating ,the sign surface area and street
location of each sign. (Ord. 1~26, 9- 1 (part), 2004; Ord.
1624, (part), 1993)
17.32.090 Temporary and Speclal Event Signs aDd
Promotional Devices.
The Director may issue a permit for temporary Special
event signs, banners, pennllnt!l or balloons and promotionaledevices in all commercial, industrial, office or institutional
districts subject to all criteria set forth in this section.
A. I. Each business may be permitted use of ODe
temporary special event sign subject to the tenant schedule
in subSectioDS C or D of this section. Each business may
have the use of tempOrary signs for a maximum of one
hundred twenty days in a calendar year but not to exceed
thirty days during any permitted period.. Each business may
be graTltM a mllTlmllm of twelve permits in a c.aie1Jrf l'lT 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 i
3. A portable freestanding temporary sign shall Dot
exceed six feet in height and thirty-two 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 one hundred
square feet in area, and shall be placed on the building in
accordance with the limitations specified in Section
17.24.080 of this title regarding clearance and roofline
!evel.
B. 1. Sped;] promotional devices, such as large
balloons or searchlights, may be approved for a maximum
tbree-day period or five days for grand openings, four times
within a calendar year, subject to the fonowing:
a. Parking is not displaced;
{.-/'3 ~
l' .31.090
Cupertino - Signs
24
b. The device is compatible with adjoining uses. Of
major concern is proximity to resideT'lti.lll properties:
c. The device is not locarerl in a landscaped front
setback area:
d. Tethered balloons used for special promotional
purposes may Dot exceed a height of twenty-five feet above
the building where the special event is occurring;
e. Meets the tenant schedule in subsections C or D
of this section.
2. The Director shall review a requested use of any
special promotional device, such as searchlights, hot air
balloons, rides, traffic/parking directional signs within the
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 DO 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 I and may restrict the number and placement of
such signs in order to ensure that adequate sight distance
and traffic safety clearances are mllTntllined as required in
Section 17.32.010.
C. A temporary sign and center.wide eve.a signs
may be permitted in accordance with the following
schedule:
Number of Tenants
Number of Signs
Pennitted
3 tenants to 6 tenants
-1 tenant display or 1
center display
7 tenants to 13 tenl'lnts
-1 tenant display + I
center display
-2 tenant displays + 1
center display
-3 tenant displays + 2
center displays
-4 tenant displays + 4
center displays
14 tenants to 20 tenants
21 tenants to 27 tenants
28 tf'n;mts or more
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.
2004 5-1
3. Special event signs for center~wide special events
are allowed in accordance with the following schedule:
Number of Tenants
Number of Signs
Pennilted
20 to 27 tenants
-7 center displays
--4 center displays
28 tenants or more
E. 1. Notwithstanding any provision to the
contraxy 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 Chapter 17.52 of this
Municipal Code, may cause the signs rp,mllining after
expiration of the appropriate five-day period to be removed.
(Ord. 1926. ~ 1 (part). 2004: Ord. 1796, (part). 1998: Ord.
1755, (part). 1997: Ord. 1624. (part). 1993)
17.32.100 Window Sips.
A. Wmdow signs shall be permitted in all
commercial zones.
B. The total area of any window obscured by any
combination of perman~t and temporary window signs
shall not exceed twenty-five percent of the window surface.
C. 1. Signs within a window shall be considered
temporary if they remain on the window for less than thirty
days, and shall Dot be subject to review.
2. Wmdow signs intended to remain on display for
more than thirty days shall be considered permanent window
signs as regulated by Section 17.24.090. (Ord. 1926, ~ 1
(part), 2004; Ord. 1796, (part), 1998; Ord. 1624, (part).
1993)
.
,
.
'.,
,
,
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'-/3~
17.44.D10
cllIAPfE]ll17.4l4l: SIGN 1EXCEM10NS$
Section.
17 .44.010
17.44.020
11.44.030
Authority .
Application arid fee.
Design Review Committee review
required.
Fmdings for an exception.
Action by Design Review
Committee.
Conditions for revocation of
exception-Notice required.
Exception deemed null and void
when-Notification required.
Appeals.
Reports to Pll'lnning Commission.
11.44.040
11.44.050
11.44.060
11.44.070
17.44.080
17.44.090
*
Prior ordinllnce history: Ords. 1624 and 1655.
17.44.010 Authority.
The Design Review Committee may grant a sign
exception in accordance with the provisions of this chapter.
(Ord. IM4, ~ 1 (part), 2000; Ord. 1789. i 1 (part),1998)
17.44.@2@ Application smtd Fee.
An application shall be made in writing to the Design
Review Committee on a form prescribed by the Director.
The application shall be accompanied by a nonrefundable
fee, a letter explllining the justification for the exception.
and appropriate. exhibiu as deemed necessary by the
Community Development Director. (Ord. 1789. 11 (part),
1998)
17.M.030 Design Review Committee Renew
Required.
A. An exception shall be. scheduled for review by the
Design Review Committee. not later than thirty days after
filing of application.
B. Mailed written notice of the hearing on the sign
exception shall be given by the Director of Community
, Development to all owners of record of real property (as
shown in the last assessIDeqt roll) which abut the subject
property I as well as property and its abutting properties to
the left and right, directly opposite the subject property and
located across a street, way, highway or alley. Mailed
notice shall include owners of property whose only
contiguity to the subject site is a singie point. Said notice
shall be mailed by first class mail at least ten days prior to
the Design Review Committee meeting in which the
application will be considered. The notice shall state the
date, tiIDe and place of the hearing. A description of the
sign exception shall be included in the notice. If the
Director of Community Development believes the project
may have negative effects beyond the range of the mailed
notice, particularly negative effects on nearby residential
areas, the Director. in his diScretion, may expand noticing
beyond the stated requirements.
C. Comp)illnce with the notice provisions set forth
in this section shall constitute a good-faith effort to provide
notice, and failure to provide notice, and the failure of any
person to receive notice, shall not prevent the City from
proceeding to consider or to take action with respect tQ. an
application under this chapter. (Ord. 1844, ~ 1 (part),
2000; Ord. 1789, f 1 (part). 1998)
17.44.040 Findings for an Exception.
The DesignReview Committee may grant an exception
based upon all the following findings:
A. That the literal enforcement of the provisions of
this title will result in restrictions inconsistent with the spirit
and intent of this title;
B. That the granting of the exception will not result
in a condition which is materially detrimental to the public
health, safety. or welfare; and
C. That the exception to be granted is one that will
require the least modification of the prescribed regulations
and the minimum variance that will accomplish the purpose.
(Ord. 1844. ~ 1 (part). 2000: Oed. 1789, g 1(part). 1998)
17.44.050 Action by Desfi.gn Review Committee.
The decision made by the Design Review Committee
is fInal unless appealed in accordance with Section
17.44.080. (Ord. 1844. ~ 1 (part). 2000; Drd. 1789. ~ 1
(part). 1998)
17.44.060 ConditiolllS for Revocation of Exceptlollll-
Notice Required.
In any case where the conditions or limitations to an
exception granted have not been complied with. the
Plllnn ing Commission may revoke the exception after notice
. 25
, "-1 35'
17.44.06@
ClIllprtilmO - Sips
26
and hearing in the same .,,~nner as defined in Section
17.44.030. (Ord. 1789,61 (part). 1998)
17.44.000 ExceptloDl Deemed Null md Vond Whelm-'
NotmutiGn Required.
In any case where an exception has not been used
within one year from the date of issuance, or if abandoned
for a period of thirty days, the exception will automatically
become null and void upon written notice from the Director
to the property owner and/or tenant. (Ord. 17&9, ~ 1 (part),
1998)
17.44.080 Ap~lII.
A. Any person aggrieved by a decision oithe Design
Review Committee in ~ approval. conditional approval.
denial or revocation of an exception for a sign may appeal
such a decision in writing to the City Council.
B. 1be appeals shall be mllrle within fourteen
calendar days of the Pbnni1"\g' COl'nmi!:sion meeting by
means of a letter in writing to the City Council stating the
grievances.
C. The appeal shall be accompanied by the same fee
as required for appeals under Section 19.136.020 of the
Cupertino Municipal Code.
D. Such appeals shall be heard by' the Pl:lnning
Commil:sion and scheduled on their agenda at the time that
other regular items appear. (000.. 1844. ~ 1 (part). 2000;
Ord. 1789, ~ 1 (part), 1998)
17.44.090 Reports to pll11nning COP"mi.n..
The Director. or desigP]:Ited representative, shall make
written reports on all exceptions granted, denied. or revoked
under this chapter. The reports shall be delivered to the
PI]:Inning Commht'tion within five calendar days from the
date of the decision. (Ord. 1844. i 1 (part), 2000; Ord.
1789. ~ 1 (part), 1998)
1-13~
17.52.0110
CIIAF'l'ER 17.52: COMPLIANCE AND ENFORCEMENT
Section
17.52.010
Interpretation and enforcement of
provisions. .
Nonconforming signs..
Abandoned or discontinued signs.
megal signs-Notice required-
Snmmary removal authorized when.
Storage of removed signs.
Owner responsible for removal,
alteration or relocation costs.
megal signs-Deemed public
nuisance-Court action authorized.
Violation deemed infraction-Penalty.
Appeals from decisions of the
Director.
17.52.020
17.52.030
17.52.040
17.52.050
17.52.060
17.52.070
17.52.080
17.52.090
17.52.Gl>10 Interpretatiolll and EDlorcemmt of
Provisions. .
The Director is empowered to interpret and enforce the
provisions and requirements of thls title and to remove or
cause to be removed any sign or other advertising structure
which has been constrUCted. erected, altered, relocated or
maintained in violation of this title. Such powers include
but are not restricted to provisions and procedures set forth
in the following sections of this chapter. Decisions by the
Director in relation to this title may be appealed by the
Planning Commi!l.sion set forth in Section 11.52.090. (Ord.
1624, (part), 1993)
17.52.020 Nonconforming Signs.
A. A nonconforming sign, unless made to conform
to the provisions of this title, may not be structurally
altered, expanded. moved, modified in any way, be
reestablished after:
1 . Discontinuance for ninety days or more; or
2. Damage or destruction of more than fifty percent.
B. Any nonconforming sign which was legally
erected in accordance with the provisions of the ordinance
in effect at the time of erection. or which has II valid permit
from the City, shall be permitted to remain until such time
as:
1. There is a change in the use of the property that
the sign is located on;
2. There are alterations or enlargement1i to the site
or building on the property in excess of twenty-five percent
or more of the existing site or building. The amount of
alterations shall be cumulative over time; or
3~ There is a change of face constituting frl'ty
percent or more of the existing total sign face area at any
one time; expansion, movement or modification of the sign.
A change of face of a single tenant nllme panel constituting
less than fifty percent of the total existing sign face Mea in
a multitenant sign shall Dot constitute grounds for
modification of a nonconforming sign.
C. At such time as any of the events mentioned in
subsections A and B occur. the sign must be brought into
conformance with this title. Any business with a
nonconforming sign shall not be entitled to an additional
sign unless the nonconforming sign is made to comply with
the provisions of this title. (Ord. 1624, (part). 1993)
17.51.030 Abandoned or Discontinued Saps.
Any sign which pertains to a business or occupation
which is no longer using the particular sign or property, or
which relates to a time which no longer applies. constitutes
false advertising. The structure and copy shall be blanked
out. or removed within thirty days after the associated
business, occupation or event has vacated the premises. An
abandoned sign is prohibited and the removal shall be the
responsibility of the owner of the sign or the. owner of the
premises. (Ord. 1624, (part). 1993)
17.52.040 megal Signs-Notice Required-Su.nmnry
Removal Authorized When.
A. If the DireCtor finds that any permanent sign or
other advertising stnlCture has been constructed, erected.
altered, relocated or maintained in violation of any of the
provisions of this title or any other pertinent ordinance of
the City. the Director shall in writing inform the owner and
the tenant of the property on which the sign or structure is
located that the sign or structure must be removed within ten
days of receipt of the notice, or all application must be made .
to the Director for sign approval. Failure to take the
required action sball result in a crimina.l or civil sanction as
provided by law.
B. If the Director finds that any temporary sign or
advertising device is in violation of this title or any other
27
I ,-{ 3 1
28
Jl. 7 .52.040
Cupertino - Sips
pertinent orrtinaince of the City, the Director shall notify the
owner of, or tenant using the sign in person or writing lhat
the sign shall ~ irnmMilltely removed.
C. If the Director finds that any sign or other
advertising structure. whether conforming with the
ordin:mce or not, is an im1'l1P'Jtiate peril or menace to the
public, or to any person, the Director shall cause it to be
snmmarily removed. Upon removal, the Director shall give
written notice to the owner. (Ord. 1624, (part). 1993)
C. Upon filing the appeal, the item shall be p1a.ced
on the Plllnning Comrnb:sion agenda and reviewed in
accordance with the adopted procedureS of the Planning
Commi!;sion.
D. The decision by the Pl:1nning COmmi!;sion shall
be final unless appealed in the same mllnner as required in
Section 17.44.080. (Ord. 1624. ~). 1993)
11.52.050 Storage of Remooved Signs.
Any sign removed by the Director shall be stored in
the City corporation yard and may be claimed within thirty
days after the sign was removed. provided that any cost
incurred by the City has been paid. and that a renewal of the
buililing permit for the sign has been secured. (Ord. 1624.
(part). 1993)
17.52.069 Owner Responsible for Removllll,
Alteration or Relocation Costs.
Any cost incurred by the City in the removal.
alteration or reloclllDon of any sign pursuant to the
provisions of this title or any other pertinent ordimlnce of
the City shall be paid by the owner or person having
beneficial enjoyment of the property upon which such sign
is located. (Ord. 1624, (part), 1993)
17.52.079 megal Signs-Deemed Public: Nniimll1ce-
Court Action Authorized.
In the event any person should erect. alter, relocate or
maintain a sign in violation of the provisions of this title, the
sign shall be considered a public nuisance and the City
Attorney is authorized to bring and prosecute an action in a
court of competent jurisdiction to enjoin such person from
continuing such violation. The procedures for nuisance
abatement are contained in Chapter 1.09 of this Municipal
Code. (Ord. 1624, (part). 1993)
17.52.080 Violation Deemed IDfraction-Pewdty.
Any person, firm or corporation violating any
provisions of this title shall be deemed guilty of an
infraction, and upon conviction thereof, shall be pllni~hed in
the s;une mJl.nner as other infractions provided under
Chapter 1.12 of this Municipal Code. (Ord. 1624, (part),
1993)
17.5Z.09@ Appeals from Decisions or thlt Director.
A. The applicant, aggrieved by a decision of the
Director to order the removal of a sign. may appeal such
order or decision to the P1~nning Commili;sion. -
B. The appeal shall be made in writing,
accompanied by the same information. application and fee
required for other applications made to the Pl,mning
Commili;sion.
1-/3q,
City of Cupertino
.
APPENDIX A
. ..
. ..... c.'
- '-. ..+
( "'/ 3 i)
Appendix A-I:
Sigil Application Approval Process Flow Chart
Prohibited
,.. """
Applicant verifies with
Planning staff whether
proposed sign is exempt from
permitting process or
prohibited.
Exempt
9
"
May apply for an exception)
I
\.
...d
Applicant may revise
drawings or apply for an
exception.
-
Revise
Drawings _
,
Permit Required
,It
r Submit sign program to """
Community Development for
permits.
i
"
'-
\.
-
Exception
Denied
~
/ Staff will review application""'"
for compliance with Sign .
Ordinance within 30 days.
"- ~
~
/ . ~
Staff will schedule hearing
within 30 days.
~
,
,I. Approved
""""
Community Development
will issue permits.
'-
-
I" ""'I
ASAC will review request in
conformance with exception
process and either approve,
approve with conditions, or
deny.
Approved
-
.I
. .
.
.
.
.
.
.
.
II
.
.
.
. / """""I
. Director will notify council
: ill II . . It II 8 ill of decision within 5 working
days.
,Ir
/ M . 11' """""I
1 ay msta SIgn.
"- . .-'
'-
, It Denied
r If denied, applicant may ""
appeal to City Council.
'-
Appeal
,Ir
/' ~
Must submit written request
to appeal decision to the City
Clerk within 14 calendar
days.
"'-
Aooroved
'-
J--{ qo
Appendix A-2:
Examples of Well Proportioned Signs
I ~l '\
[ 7
l I I
I
I t J
I
[
I
r
I
'J
I .
I
I
Q
I'
I
I
. Examples or Signs Not Well Proportioned
/-/+1
Appendix A-3:
Summary of Sign Regulations' According to Districts
. Staff approval required of all signs. If unable or unwilling to conform to sign criteria, an exception may be
requested from the Architectural and Site Approval Committee.
. All signs arc subject to design review criteria.
. Address numbers shall be placed on the monument sign. If no monument sign is available the address numbers
shall be placed on the building.
RESIDENTIAL Name plates and address nwnbers only. Developments of 20 units or more: 1
DISTRICTS identification sign of 32 s.f. and 5 ft. high on
each street side.
:
COMMERCIAL
DISTRICTS
No.: Ilbusiness, 2 for businesses on a
comer with no ground sign.
Size: 1 s.f.!l ft. frontage, Dot to exceed
70% of store frontage. (Max. 200 sq. ft.)
Height:
1811 - All signs
24" - > 50. setback or,
> 5000 s.f. business size
36" . > 100' setback and 10,000 s.f.
business size.
4811 . > 100' setback and 20,000 s.f.
business size.
Window Signs: Calculated into allowable
sJ. of wall signs. A max. of 4 s.f. of neon
SlgD. 1S pennitted m the allowable window
Slgn area.
No.: · lIsite with rom. 100 ft. frontage and
combination frontage plus setback equal to
150 ft.
. Sites with 500 ft. plus frontage may have
one additional sign.
Size: Aggregate area of all ground SIgns
shall not exceed a total of 1 sq. ft. for each 4
linear ft. of site frontage. Total of all SIgns
shall not exceed 100 sq. ft.
Height: 8 ft. IlUlX.
Tenants: 5 ten~nt names per side max..
6 in. letters with 4 in. between tenant names.
Electronic Readerboard Signs:
Need ASAC approval. For centers with min.
20 tenants and 50,000 sq. ft. of bldg. Must
meet special guidelines.
Same as Commercial except window Slgns Same as Conunercial except electronic
are not allowed. readerboard signs are not allowed.
INDUSTRIAL" -
DISTRICTS
OFFICE and
INSTITUTIONAL
DISTRICTS
No.: l/business
Size: 1 5.f./1 ft. frontage, not to
exceed 70% of frontage.
(Max. 40 sq. ft.)
Height: · < 50ft. setback: 18"
. >50 ft. setback: 24"
Same as Commercial except electronic
readerboard signs are not allowed.
I-ftf;;
Appendix A-4:
SU1V1MARY OF REGULATIONS FOR TEMPORARY SIGNS
. Staff approval required of all signs unless exempted by Chapter 17. ~6.
. All signs are to be located entirely on-site unless otherwise specified.
. All signs shall ~t the comer site triangle requirements.
HwwsIGMmKiWX WJ.WA~S@t. k&W@i.*.wttREGUlJ4TidN8#fiHtffJtSMM WINtJMiiER0..9TiMEl131Miitk ttAPP.ROVAEl't
OFF-SITE
SIGNS
FLAGS.
G4RA GE SALE
SIGNS
POliTICAL
SIGNS
PROJECT
ANNOUNCE
SIGNS
RESIDENTIAL
REAL ESTATE
SIGNS
SALElRENT/
LEASE SIGNS
SUBDIVISION
SIGNS
TEMPORARY
SPECL4L
EVENT SIGNS
AND DEVICES.
All
Commercial
,
Residential
All Districts.
All districts.
All diStricts.
Residential
All, except
residential
All, except
residential.
All, except
residential.
Maximum 4 sq. it per side.
Require written pennission of propertY
owner.
Not located in comer triangle, street,
median., island., shoulder, drainage swale,
sidewalk, bike lane, curb, gutter, or bike
'Path.
Grand Openings or special events.
20 ft. height max.
For model homes only.
On-Jlite: 32 sq. ft. max. 6 ft. high
no corner triangle.
Off-Site: See off-site regulations above.
See off-site regulations above.
New construction projects and
subdivisions of 5 or more.
32 sa. ft. oer side. 6 it. heie.ht
On-site: 4 sq. ft. per side. 6 it. height
Off-site: See Off-site rerttlations. above.
32 sq. ft:. per side. 6 it. height
No 1tV" signs. Centers with elect
readerboard signs must incorporate
salelrent/lease inlo message.
32 sq. fl per side. 6 ft.. height
No itV"' slEmS.
Portable signs: 6 ft. height., 32 sq. fL per
side.
Banners: Bldg. mounted. 100 sq. ft.
Devices: Tethered balloons 25 ft. high
Parking not displaced.
WINDOW SIGNS Commercial
Temporary and permanent window signs
not to exceed 25% of surface.
See
individual
type of
Signs.
Subject to
approval
from staff.
2 ner unit
1 per site.
3 off-site
allowed.
No limit
2 ground
signs
1 sign per
street.
3 max..
1 per street
per sileo
3 per
subdivision
1 per bus.
See chart
for centers.
1 per bus.
See chart
for centers.
See individual
type of signs.
2 weeks.
1 year.
24 hour prior
to event and
removed by
sunset last day
of event
90 days prior
to election.
Removal I 0
days after
election.
1 year.
Length of sale.
Removal by
sunset
Length of sale
1 year.
30 day period
4 times per
year. 2 weeks
between
periods.
3 days period
4
times per year.
30 days
See individual
type of signs.
StafE
None
None.
None.
SWf.
None.
None.
None.
Staff.
S !.aif.
S tnif.
None.
1-/t/:3
CORNER 51 G HT
.015 T ANCE
DESIG N 85 rh
PERCENTILE
SPEED
25
30
35
40
45
50
Appendix A-5:
Cupertino Standard Detail, 7-2
Corner Triangle - Controlled Intersections
FORMUL A
SD ~ Design speed X I. <167 X 7.5
Si g-d Dis/on ce
SD
-
275
330
385
440
495
5~O
./
G.JLS /"
>"
- "
/"
"
./
rTlI"'J ./
LUI.::::::r' SO
DJkt~4--~
---....- - - - -
LEGEND
-
LS
o
~
o
a:
~ It
~ I
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1
.
y = Dislcnce between Jhe edge of Irave/way and
rh e curb. Appl;e s'lo parkin n bike r one s
':1', I
sl}ourders and/or combination.
LS ;; Line of sigh r
SD=Sight distance
G;; Edge of fravelway
~' _
... - ~. .~
ct
\
~t~
~~.
~~
.,,-
I I. Seconds
~
851h percentile speed
(LS
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-
-----
-
so
MAJO~..RbAO
~
..
....,,--<-lS
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-
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~
Criteria
Set backs from edge of !ravel Jane
CD Crosswalk se' back;; 24 (eel + Y
CD Limit line sel back ;; 13 feel + Y
f -j tf.1.J
>
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H
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..
,.-....
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Q.. c:
~ In ~
p> -. ""I
-~....
,.,. r1l ....
n ~ g
(;"'aC/)
p>~....
.., (J) ~
b -. =
0.....0.
(11 r1l ~
p> ..., ""I
.....,0.
o i:;' t:::1
:1.::1 \1l
<~rr
ctI n;. -..
~ -
~ -..J
'< I
tI> C\
'-"
LIP OF GUTTER
F.O.C.
VARIES
-.
f
8'
'"
SIDEWALK
BACK OF SIDEWALK
\
\
i
I
DRIVEWAY
SHADED AREAS BEHIND SIDEWALK SHALL
BE FREE OF ANY OBSTRUC1l0N EXCEEDING
3 FEET ABOVE SIDEWALK ELEVATION
(1.1:; SIGNS I BUSHES)
ALSO SEE DETAIL 7:-2 (CONTROLLED
INTERSECTIONS) FOR FURTHER RESTRICTIONS
--
-l.
-t:.
<-
Appendix A-8:
Example of How to Figure Size or ~all Signs
42 ft. max. (70% of wall length)
45'
~fJ5j ~
BIG
AL'S
ICE
CFl:AM
.
----------
----------=---_-:.-.:-
60 ft. Building Frontage
~~
50 ft.
Setback
Sign Height:
Sign Area:
18 inches maL (50 ft. or less setback and less than 5000 sq. ft. building)
60 sq. ft. max. (60 ft. of frontage, includes area of window signs)
t ' I q '7
Appendix A-9:
Exnmpl.e of How to Figure Size and Locntion of Ground ~igns
;Y
Building Frontage
50 ft.
Setback
Sidewalk Site Triangle
Cen ter 50%
35.5 ft.
130 it Street Frontage
1 Ground Sign Allowed: .130 fL + 50 ft: == 18.0 ft. (is greater than 150 ft.)
Maximum Sign Area: 32.5 sq. ft. (130 ft.i4 = 32.5 sq. ft.)
Sign Location: Center 50% begins at 32.5 ft. from side property lines. (130 ft./4 = 32.5 linear ft.)
6.5 ft. Oength)
5 ft.
(sign
height)
TENANT
TENANT
8 ft. (Total
Sign Height)
mm.
6" min. TENANT
mm.
6" min. TENANT
TENANT
Curb
~fID ~~ 'D~5" min.
Sign Area: 5 x 6.5 = 32.5 sq. ft.
Sign Area equals height of sign face times length of sign face. (excluding base)
Overall height of sign is measured from the closest curb.
~~--:--.~.~---:._........--------"--...~.
I-llf?>
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,'",'i'V'~'," ,
~ .. ;:; 0 '\..
,"'" . '"" _,'~. J
. " I. .,
Library News ........................................ 2 ,"
Bicycle Safety Tips ......................m..... 3
Election Coverage ..:............................ 3
~ight Up The Night .............................. 4
Breakfast with Santa ........................... 4
Citizenship Classes ............................ 4
Volunteers Needed .............................. 4
Library Fundraisers ............................ 5
Cupt. Symphonic Band ...................... 5
Burglary Prevention Forum............... 6
Senior Center News ............................. 6
2006 Travel Program ........................... 6
ATLAS Literacy Tutoring .................... 6
Flood Preparation ............................... 7
Environmental News ........................... 7
Community Calendar .......................... 8
Roots .t~II..I..........................~.....,................ 10
Simply Safe ....tu..-I-...................................11
Travel Office Vacancy.........................11
Jubilee Poetry Winners .................... 12
eNotification "...................litll................. 12
Commission Vacancies .................... 13
The Better Part .................................... 13
Coyotes and Bobcats ....................... 13
Council Actions................................. 14
Access Cupertino .............................. 15
City Meetings ..................................... 16
!f't1..~~~~~.!~~~'f.;~;r:':~~ :
Thanksgiving Holidays
Affec.t Garbage Pickup
Due to the coming Thanksgiving holi-
day, Los Altos Garbage Company
(L'\.GCo) collection services scheduled
on Thursday and Friday, Nov. 24 and 25
will be delayed by one day. Garbage and
recycling non~y collected on TImrsday
that week will hmre pickup on Friday,
Nov. 25. Those with senrices on Friday
will have pickup on Saturday, Nov. 26.
For more info, call LAGCo at
408.725.4020.
~XhlDlt jj
..:,- .
Reading theJigns
As a part of updating the City's regu-
lations on signs, the Cupertino Planning
Corrunission invites residents business
,
owners and interested parties to pro-
vide input and feedback on how these
regulations might be changed to better
meet the needs of the community and
businesses of Cupertino. TIle Planning
Commission is also interested in hear-
ing suggestions from lesidents and the
business conununity to determine ad-
equate signage advertising for businesse.."
The City's sign regulations are included
within Title 17 of the Cupertino Mu-
nicipal Code and can be found on the
City's website at WiJ....w.cupertino.org/
planning under the section on Excerpts
Municipal Code.
Suggestions from residents, business
owners, and interested parties on the
sign ordinance may be provided to the
Planning Department at City of
Cupertino, Planning Department, 10300
Torreilvenue, Cupertino, CA 95014 or
by email at planning@cupercino.org
prior to 5:30 p.m. on November 22,
2005. The Planning Commission is ten-
tatively scheduling a study session to
consider the sign regulations at its N 0-
vember 22, 2005 meeting;
;~I~(.~~
. .
flood
Insurance Discount
Effective October 1, 2005,
Cupertino Hood hazard area
homeowners can receive a discount of
up to ten percent on flood insurance.
The discounts are available on new or
renewed policies because the City has
Continued on page 7
I-I '-10
Sign Ordinance Comparison Table
Q
I.[)
l'-
-
u
~
1--1
P=l
l--I
~
Cupertino Los Gatos Mountain View Sunnyvale Palo Alto
Non-EnglishlBilingual Not Addressed Not Addressed Not Addressed Each non.english Not Addressed
Signs character is counted as
an "item of
information." Limit of
10 "items of
information" per sign
face
Temporary/Special 120 days max. per 45 days max. (grand 30 days max. 9 consecutive days, but 30 days max.
Event Signs calendar year, max 30 openings) 16 consecutive for uninterrupted, may be
(Duration) da y use at a time with 2 grand openings. extended once for 15
week break in between 14 days prior to special days
event and removed No more than 9
within 24 hours after temporary sign permits One permit per year
event (events) per calendar year per
business
Temporary Signs Not Addressed Definition: Usually Not Addressed Not Addressed Definition: Sign
(Materials) constructed of cloth or constructed of paper,
fabric, cardboard, cloth, canvas, light
wallboard, wood or fabric, cardboard,
other light materials. wallboard, or other light
material, with or
without frames.
Wall Sign Height Dependent upon setback Not addressed Dependent upon zoning 2 feet max., but must be Not Addressed
ranging from 18 in to 48 district, relationship to balanced in scale and
in. (commercial and structure and proportion to the
industrial) architectural style of building.
building
18-24 in (office and
instirotional)
Cupertino Chamber of Commerce
Your Partner in Silicon Valley
June 20, 2006
To City Planning staff:
Thank you for allowing the Cupertino Chamber to participate in the formatting of the updates for
the 2006 changes to the Cupertino Sign Ordinance. Fallowing are our recommendations as
agreed by the Legislative Action Council and the Board of Directors.
1) Monument Signs
a) The current ordinance allows a maximum of two per center; the Chamber is requesting three.
b) We request a clear appeal or exception process for signs that are in the right of public
way; example: The Cypress Hotel entrance sign is too small and not very well positioned
c) Current ordinance allows a maximum height of eight (8) feet, the Chamber is asking for a
height of ten (1 O) feet.
2) Temporary signs
Ordinance 17.32.090, staff has suggested to make changes to restrict these, with the real estate:
signs exempted. The Chamber is recommending to staff, not to change this ordinance, keeping
the status quo.
3) Logos
The Chamber supports making logos from the current ordinance from four (4) sq ft up to a
maximum of nine (9) sq ft. The logo will not be counted against the total space allowed for the
sign.
4) Bilingual signs
As signs are protected by the Constitution First amendment right, we recommend that staff strike
any changes to the current sign ordinance.
5) Size of the sign
Staff and Chamber agree that the language in the ordinance with regards to the size of the sign,
which is based on distance and frontage from the street, needs to be put in a matrix. We believe
this is would make it more user friendly. As to the detail we will agree to allow the city staff to
come up with a recommendation for the detail in the matrix.
Should you have any questions, clarification, concerns, please feel free to give either of us a call.
Regards,
Gilbert Wong
Incoming Chamber President
(408) 316-8038
Christine Giusiana
CEO
(408) 252-7054
20455 Silverado Avenue, Cupertino, CA 950141< www.cupertino.chamber.ora 1< (408-252-7054)
1,./5 j
OFFICE OF THE CITY ATTORNEY
20410 Town Center Lane, SUite 210
Cupertino, CA 95014-3255
Telephone: (408) 777-3403
FAX: (408) 777-3401
C1TV OF
CUPEI\TINO
Charles T. Kilian, City Attorney
Eileen H. Murray, Assistant City Attorney
April 25, 2006
Planning Commission and
City Staff
10300 Torre Avenue
Cupertino, CA 95014
Re: Sign Ordinance revision - Request for continuance.
Dear Chairman Miller, Commissioners and City Staff,
Although the City has a substantial interest in enacting and enforcing a sign ordinance,
it is important to acknowledge that signs are a form of expression protected by the Pirst
Amendment's Free Speech Clause. Drafting an ordinance that has constitutional implications
should not be done lightly. In 2002 it took our office several weeks to draft one small section
of the current Sign Ordinance, because one word changed in one place can create legal issues
in another.
Tonight we have before us a revision of the entire sign ordinance. Our office has had
two days to review it. With just a preliminary reading I have already identified questionable
issues that I cannot knowledgeably comment upon without considerable legal research.
Consequently, I feel that this item has been prematurely brought before the
Commission tonight. My suggestion is that we take time to hear the members of the public
who have come out tonight and then continue this item for approximately six weeks to allow
time for our office to provide legal input.
Sincerely,
r ~ .J L/ (lj,
. U~ /-/, ) f/U0/l
Eileen H Murray
Assistant City Attorney
,#1S~
MEMORANDUM
To:
Aki Honda, Planner;
Planning Commissioners
From:
Eileen Murray, Assistant City Attorney
Date:
June 20, 2006
Re:
Sign Ordinance changes
This office has reviewed the proposed revisions to the sign ordinance for legal issues,
especially those concerning forms of expression protected by the First Amendment Free
Speech Clause. Much of the discussion of the Commissioners as well as the bulk of the "
ordinance is concerned with "commercial" speech. While commercial speech is subjeCt
to more regulation than other forms of protected speech, truthful commercial speech
concerning a lawful activity has an informational function and cannot be prohibited' . .'
unless a substantial governmental interest is served by the restriction, the restriction
directly advances that governmental interest, and the restriction is no more extensive that,
necessary to serve that interest. I have reviewed the amended ordinance with those
constraints in mind. The comments contained herein have been transmitted to the
Planning Dept. and have been included in the revised ordinance.
1. 17.08.010 Definitions: Animated Signs - First amendment rights of free expression
have historically protected persons holding signs Of wearing costumes. Without a
substantial governmental purpose, these activities should not be included in the definition
of animated signs.
2. 17.24.042 Bilingual Signs - The fegulation of non-English signs is an indefensible
content-based regulation without a legitimate governmental purpose. It should not be
included in the sign ordinance. We recommend the deletion of the proposed section
17.24.042.
3. 17.24.060 B Wall Signs - In a meeting with Aki Honda and Gilbert Wong we
determined that there appears to be conflicting language in this section. Aki agreed to
create a matrix to see if the sections conflicted. The matrix is much more understandable
than the verbiage and we recommend inclusion of the matrix in the ordinance.
4. 17.32.090(A)3 restricts the size of a portable freestanding temporary sign from 6 ft.
height and 32 sq. ft. per face to 5 ft. height and 4 sq. ft., a significant reduction. Staff
offers no legitimate governmental purpose for this more restrictive regulation. We
recommend keeping the original language.
1-( S 3
5. 17.52.050 Storage of Removed Signs - Thirty days is adequate time for retrieval of
signs. Code Enforcement was concerned that the previous ordinance did not allow for the
disposal of signs after the thirty days. The amended ordinance allows for that.
6. 17.32.050 During the Planning Commission's discussion the question arose whether
the City could regulate the use of temporary signs on residential construction sites for
small, short term projects like a painter's sign or an electrician. We see no legitimate
governmental purpose in such a content-based regulation.
I will be happy to answer questions at the next meeting. Code Enforcement Officer Alex
Wykoffwill accompany me to the meeting to answer questions regarding enforcement of
the ordinance.
I~' 5L-{-