The URL can be used to link to this page

02 Work Program CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Planning Commission 2006 Work Program Implementation including introduction of sign ordinance issues Recommendation Set priorities for the Work Program and provide direction for the sign ordinance review. BACKGROUND: The Planning Commission 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 Commission's study 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 Commission 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 Study (complete) Planning Projects 1. Review Rl ordinance regarding RHS slope standards 2. Proactive planning for Homestead and North Valko areas; also South Valko area if the Toll Brothers project is not approved ~- 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 Proiects . Building Permits/Construction o Vallco 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. ,).-,2 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 staffs 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. BilinSUal 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 Chamber of Commerce requesting consideration for additional sign area than currently permitted for bilingualj 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 )-3 4 requirements 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 between temporary versus a permanent sign with respect to sign material. For example, a painted sign on a window or building façade 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 Commission may wish to ,consider whether clarifications are needed in the ordinance to address such an issue. Sign Height Options: 1. To consider ~owing 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 2~~ 5 Prepared by: Ciddy Wordell, City Planner Aki Honda, Senior Planner ., ,. /D Approved by: Steve Piasecki, Director of Community Development ..,¿ä'[/"'<8 (/-é4"<:zý" ~ G:planning/pdreport/misc/pc2006 Work Program Implementation e-1.A.T· )-5 ..9 , ~ Brothers PLANNING COMMISSION WORK PROGRAM 2006 ACTION TAKEN Park is incorporated into the Toll project. No action. No action. REVIEW OF 2005 ACTION REQUIRED Process a General Plan amendment and zone change for the Stocklmeir property to allow the Historical Society to house offices and exhibits in the Stocklmeir house Planning staff is working with potential developers or the Villa Serra Project to provide a neighborhood park in this area. A park in this area would implement the General Plan policies that require 3 acres of park per 1,000 residents to serve Menlo Equities, Valko Rose Bowl and residential uses on the Toll Brothers/HP site. PROJECT GOAL CITY COUNCIL GOALS Parks: Support the Cupertino Historical Society in its efforts to create a Center for Living History Neighborhood Park in the Homestead Area Vallco/HP Neighborhood Park c- l ~ included in the is ACTION TAKEN Crossroads Streetscape Plan new General Plan. Construction underway. Ongoing ACTION REQUIRED The Crossroads Streetscape Plan was delayed to enable the General Plan Task Force to consider height and setback recommendations. Project approval and construction PROJECT GOAL "Downtown" Opportunities Pursue Ongoing 2 General Plan update complete. General Plan update will consider policies encouraging active commercial uses, incentives for retail development. Work with the Town Center developer to plan a mixed use walkable plan Ensure that "walkable city" concept is present in all City development/ redevelopment projects Encourage, retain and support healthy environment for retail growth If' ~ ACTION TAKEN Development agreement extended; Rosebowl garage development and residential development approved, cinema construction is underway. General Plan complete. Brothers General Plan complete. Ongoing. Considered as part of Toll project. ACTION REQUIRED New owners are attempting to re-tenant the lower level, add theaters and are evaluating long-range redevelopment plans. The City Council approved a development agreement amendment on April 27. Cinema plans are expected to be submitted in the first quarter of 2005. The General Plan Circulation Element will evaluate transportation implications of new development. Public hearin~s Look at providing senior housing__ PROJECT GOAL Valko Fashion Park Redevelopment Evaluate transit/ transportation implications of economic development strategy General Plan Update Provide housing opportunities for Cupertino workers PLANNING PROJECTS 3 General Plan complete. Implementation program needs to be created. Implementation of General Plan policies, e:ß:! rezonin.&ordinances, programs G'"' l "i is scheduled for review in ACTION TAKEN Parking: no action. Signs: Sign ordinance 2006. ACTION REQUIRED Public hearings is scheduled for review in 2006. No action. Sign ordinance About a dozen minor code amendments, e.g., definition of tree removal, other clean-up items. Focus on temporary sign reWllations. Review list of protected Minor zoning ordinance amendments: » Parking (parking exceptions to DRC) » Signs (DRC instead of PC for neon and others) Minor Municipal Code amendments (not zoning) PROJECT GOAL Sign Ordinance 4 No action. No action. Early discussions on Cleo Avenue; no action on Stevens Creek Boulevard site. , trees. Update zoning ordinance to be consistent with new wireless master plan (permitted and conditional uses). Possibly two: Cleo Avenue, Stevens Creek Boulevard ("Barry Swenson" site, next to existing affordable project) Tree Ordinance Wireless Master Plan Affordable housing projects Q I <.(í ACTION TAKEN Fence Ordinance is under review. Two public hearings held by Planning Commission in 2005, others scheduled for 2006. Green building policies were adopted in the new General Plan. ACTION REQUIRED Look at whole ordinance; was prompted by concerns about electronic fence regulations. Also need to look at fence post caps. Analyze economic incentives for private and public developers to construct green buildings PROJECT GOAL Fence Ordinance Sustainability Underway. No action. 5 New General Plan has a policy, "Maintaiining Cohesive Commercial Centers and Office Parks," that regulates conversion of commercial uses to residential uses. Noticing was expanded, but no ordinances were amended to require expanded noticin~. Reviewed as part of the new General Plan. Add a park near the corner of 1-280 and Lawrence Expressway on land used by the Roads and Airports division for stora~e Consider alternative park dedication ideas for amenities such as a new gymnasium or the possibility of a country club Review commercial to residential in-lieu fees Review the noticing policy Review the ABAG housing allocation - , \'\< ACTION TAKEN ACTION REQUIRED PROJECT GOAL PRIV ATE DEVELOPMENT PROJECTS Building permits not applied for. Structural work is underway, and staff is reviewing building plans. Parking garage was approved by City Council. Development Agreement was extended to 2009. Approved. Will come in with buildin~ permits. Requires architectural and site review, staff level. Rosebowl Valko Fashion Park - Cinemas - Valko Fashion Park Under construction. Under construction. Public hearings underway. 6 130 units and public park approved. Valko seeks a new Development Agreement to vest future development and update obsolete aspects of the Agreement. Buildings RI-R2 approved. Will come in with buildin~ permits. Approved. Will come in with ASA application and buildin1; permits. Preliminary review of modifications requested by the City Council Application submitted for rezoning of industrial land to residential (131 units) Valko Fashion Park - Development Agreement Civic Park Oak Park Village (former Santa Barbara Grill) Brothers/HP Toll Site, Sobrato Office/Industrial Vallco/Pruneridge q , c-t ACTION TAKEN Public hearings underway. Public hearings underway. 7 Approved. ACTION REQUIRED Application submitted for rezoning of industrial land to residential (94 units) Two new commercial buildings along Stevens Creek Boulevard and demolition of vacant components of the existin~ center Replace a IS-unit apartment complex with 15 town-homes Way (Bubb PROJECT GOAL Woodrow, 1 Results Marketplace Taylor Road) Stevens Canyon Road ('() T <'lS PROJECT GOAL ACTION REQUIRED PRIORITY CITY COUNCIL GOALS CAPITAL IMPROVEMENTS AND PLANS Neighborhood Park in the This area was identified Homestead Area during the General Plan process as an area deficient in neighborhood parks. Planning staff is working with potential developers of the Villa Serra project to provide a neighborhood park in this area. There is no activity at this time. 2006 -:r- - I ~ PRIORITY ACTION REQUIRED ORGANIZATIONAL IMPROVEMENTS Study sessions are planned on a variety of policy subjects to coordinate the intent of council policy and staff implementation. Strategic Plan Synchronize Council Policy and Development Review Criteria Fiscal Continue city-wide notices on high profile applications. City-wide notice provided for character-changing applications. Ongoing High Insure that the concept is present in all City development/ redevelopment projects. Adopt Crossroads Streetscape Plan. PUBLIC SAFETY Safety - Walkability Traffic 9 High Scheduled for 2/27/06 City Council meeting. HOUSING Nexus Study for Housing Mitigation Fees tJ) \ '"'6 PRIORITY High ACTION REQUIRED In Feb. 2005, the CC authorized staff to purchase a % acre site on Cleo Avenue from Caltrans. PROJECT GOAL Affordable Housing Cleo Avenue Staff completed negotiations and the site has been purchase. The site can accommodate 3- 4 units. Preliminary discussions for joint development with the owners of the two adjacent parcels is continuin~. The General Plan updated policies to encourage active commercial uses such as bookstores, coffee shops and restaurants. ECONOMIC DEVELOPMENT Encourage, retain and support healthy environment for retail growth 10 Reorganized the Economic Development committee to provide better business representation and ensure all goals are met. ...g - ( ~ PRIORITY ACTION REQUIRED Major projects include an economic assessment of potential revenue generation possibilities. Staff is coordinating the page layout, photographs and publishing of the final document. PROJECT GOAL Consider retail in review of new development. GENERAL PLAN 11 Update the Heart of the City I High Plan, adopt implementation measures including the Crossroads Streetscape Plan and the Green Buildings program. c- - ~ ~ PLANNING PROJECTS PROJECT GOAL PRIORITY High (previously authorized by City Council) ACTION REQUIRED Retain or amend Rl ordinance Create plans or ordinances for these projects. Review Rl ordinance regarding Residential Hillside (RHS) standards General Plan Implementation In addition to those mentioned in City Council Goals: 1. Heart of the City Specific Plan 2. Density Bonus Program - amend ordinance (Implementation Program 13) 3. Rental Housing Preservation Program (program 24) 4. Task Force/Commission to develop a Sustainability and Resource Plan 12 High Annexapproximatdy small, unincorporated pockets, resulting in incorporation of all pockets exœ£! Creston. nine Annex smaIl unincorporated pockets ç>:¡ , <'6 PRIORITY High ACTION REQUIRED PLANNING PROIECTS Homestead, North Valko and possibly South Valko areas: be proactive and create plans for these two areas in anticipation of future "redevelopment" Look at obsolete Research and Development properties city- wide to determine where conversion might be appropriate ~ ~ 13 Lower Priority Projects: ~ Apartment conversion ~ Tree ordinance amendments ~ Senior housing incentives ~ Public transportation,llight rail ~ , CQ PRIVATE DEV. PROJECTS PROJECT GOAL PRIORITY ACTION REQUIRED January 2006 inquires about development 13 single- family homes on the west end of the 130+ acre parcel. Midpeninsula Regional Open Space District indicated interest in acquiring some of the surplus open space east of Stevens Creek. New office building Stevens Canyon Road - residential project (former McDonald/Dorsa Quarry site) 14 Consider looking at this area in a broader context G:planning/misc/PLANNING COMMISSION WORK PROGRAM 2006 Former Any Mountain/Packeteer site (North De Anza Boulevard) North Tantau Road industrial to residential conversion Chapter EXHIBIT A TITLE 17: SIGNS· 17.04 General Provisioos 17.08 DefInitions 17.U AclmiDlstratlve Procedures 17.16 Exempt SigIIs 17.20 Prohibited Signs 17.24 Sign ReeuJations 17.32 Temporary Signs-Regulations 17.44 Sign Exceptioos' 17.52 Compliance and Enforcement . Prior Ordinance History: Ords. 746, 894, 1208, 1320 and 1414. 1 J. -;;¿o Cupertino - Signs 2 ,;1-21 17.04.016 CHAI"I'ER.17.04: GENERAL PROVISIONS Section 17.04.010 17.04.020 17.04.030 Short title. Purpose and intent. 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 commnn;ty interested in providing a mixture of commercial, industrial and residenIia1land uses which reside together. The general welfare of the citizeos as well as the economic stability of the City is dependent on maintaining 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 liade process upon which the City is dependent. A good sign program will provide iDformation 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. EnhaIice 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 l.nrl<:raping; 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 m;n;mi~ing distraction to the motorist and pedestrian; 3. Provide for sign regulations that will be compatible with the buildìng, 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. (OId. 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 judgment rendered prior to the effective date of Ordinance 1755, Apri121. 1997. (Ord. 1755, (part), 1997) 3 :2-;:):;' 17,08,010 CHAPTER 17.OS: DEFINITIONS Section 17.08.010 Definitions. 17.OS.011t DefiDitiODS. " Advertising stat\l8lY" means a strUCture or device of any kind or character for outdoor advertising purposes which displays or promotes a particu1ar product or service, but without name identification. " Alteration" means any permanent change 10 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, but excluding electronic readerboard signs and signs which display the current time or temperature. "Art:hitectural projection" means any permanent extension from the strUCture of a building, including the likes of canopies, awnings and fascia. "Banner" means a tempOrary adverûsing display consisting of fabric. canvas. plastic or paper material which is attached 10 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 10 the visible message without changing structma1 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 10 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. "Comer triangle" means a triangular-shaped area of land adjacent 10 an intersection of public rights-of-way, as further defined in Cupertino StaDdard Details Drawings Nos. 7-2 and 7-4. UnobstruCted views over these areas arc essential 10 the public safety for bicyclists. motorists and pedestrians. (See Appendix A-5, Cupertino Standard Detail 7-2; Corner 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 stroeture 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 10 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-cbanging 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. 5 :2-:13 17.04.010 ClJlperOOo - Sips 6 "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 st:rUCture. "Identification sign" means any sign whose sole pmpose is to display the name of the site and the names of the occupants, their products or their services. "megal sign" meaDS 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. "mum;n""" 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 industria1 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 \ikes of hours of operation, rest room identifi"ations and bazardous 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 which was legally erected and had obtained a valid permit in conformance with the ortl;no.....e in effect aI 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 which displays incorrect or misleading information, promotes products or services no longer available aI thai 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 which 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 st:rUCture 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 which 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 which is attached to and projects from a st:rUCture 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 Rl, RHS, R2, R3, Rl C, 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 defined tenant spaces are owned and managed separately from the shopping center management. "Sidewalk site triangle" is a triangu1ar shaped area descn'bed in Cupertino Standard Detail 7-6. (See Appendix A-7, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance aI Driveway), on file in the office of the City Clerk and the PIanning Department.) "Sign" means any device. fixture, p1acard, 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 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. "Sioc" 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. )-:'Uf 7 DeftnitioDS 17.04.010 "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 which displays ooly the street address number(S) of the site and. at the option of the 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. batteDS. cappings. D&iling strips. latûce 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 10 an operable or movable vehicle: in the case of molOr vehicles. "operable" shal1 be defined as having a valid license plate. "Wall sign" means any sign which is attl"'bed. erected or painted on the exterior wall of a building with the exposed face of the sign para1lellO 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 10 the public. Displayed in means a sign wbich is clearly intended 10 be visible from an adjacent street. (Ord. 1624, (part), 1993) ~-;).5 Section 17.12.010 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 17.12.010 CBA1'TER 17.12: ADMINISTRATIVE PROCEDUJRJES Conformity with provisions required. Permit-Required. Signs requiring Planning Commission 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. Revocation of sign approval-Authority . Grounds for revocation. Hearings-Notice. 17.12.010 Conformity with ProvisiODS 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 PlaDnlng Commission Review. 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 17.24.200forreview 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 Developmeot- 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) 9 J..-:J.fo 17.U.08O CuperiÏJIID . Sigms 10 17.12.080 Permit-Isswmee by Building DlvislDB- JDstaIb¡tiOD information. Upon approval by the Director or Planning Commission, as the casc 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.U.09O 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.U.100 Inspeetion 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 insta1led as specified. B. The Building Inspector or Planner shall have the auIhority to review the light intensity of all ilJnm;n.tM signs with the power to require reduction of the light intensity to ensure that the sign's illumination does not exceed !he illumination standards as regulated by Section 17.24.190. (Ord. 1624, (part), 1993) 17.12.110 Summary of Application Approval Process. Appendix A-I, Sign Application Approval Process Flow Chart, on file in !he office of the City Clerk and !he 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. COrd. 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: 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. COrd. 1624, (part). 1993) 17.12.140 Hearings-Notice. Prior to revocation, the Director or the Planning Commission. as the casc may be. shall hold hearings after written notice is provided to the applicant. (Ord. 1624. (part), 1993) J"J. '] 17.Ui.Ol0 CHAl'TER 17.16: EXEMl'T 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 17.32.030and Chapter 5.16 of this code; C. Governmental Signs. Governmental signs for conttoloftraffic and other regu1atory 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 iIlnmin.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. 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; I. 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 tliey are not meant as an advertising mechanism; K. Symbols or Insignias. Symbols or insignias, commemorative plaques of recognition and i~~¡¡titication emblems of religious orders or historical agencies, provided that such signs are placed on or cut into the building, are not interoally iIlnm;n.tP.<i, and do not exceed four square feet in area; and L. Window Signs. Wmdow 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. COrd. 1720. (part). 1996; Ord. 1624, (part), 1993) 11 )'-.;2g 17.20.010 CHAPTER 17.20: PROmBITED SIGNS Section 11.20.010 Prohibited signs designated. 17.20.010 Prohibited Signs Ðedgr..··ed. The following signs are not permitted in the City: A. Advertising StatUalY; B. ~ nlmot,,", Signs. Animated signs except for baDDers, flags, pennants and balloons permitted on a tempOrary basis as regulated in Chapter 17.32, and eJectroDic readerboard signs as permitted in Section 17.24.150; C. Audible Signs. Advertising displays which emit audible sound, odor or visible matter; D. Off-5Ítè Signs. Any off·site sign except as may be permitted in Chapter 17.32; E. Portable Signs; P. Roof Signs. Any permanent roof sign; G. Traffic Conflict Signs. Signs wbich becanse of color, wording, design,locationor i11nminori(l1lresemble 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. 1bis subsection is not intended to apply to standard advertising or ideD1ification practices where such advertising displays are painted on or permanently altor.bed 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) 13 J.;2Q 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 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 17.24.010 CH.APTER 17.24: SiGN REGULATIONS 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 indns1rla1 districts. Wall signs-Office and institutional districts. Wall sign location. PennaneDt 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. muminaIion restrictions. Decorative statuaIY. ObStructions prohibited. Signs near residences. Residential districts-Name plates and street or unit numbers. Residential districts-Development identification signs. ConstrUCtion and maintenance specifications. Summary of regulations for signs according to districts. Beverage containerrecycling 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 residentia1 district sha1l adopt a comprehensive sign program. The sign program shall be tiled 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 ofa sign program sha1l 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 sha1l 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 sha1l be required to conform to, the adopted program. (Ord. 1624. (part), 1993) 17.24.030 Sipl Program-Information RequIred. On any commercial. office or industrial site. or building requiring a sign program. the owner sha1l submit to the Director a sign program containing the following: A. An accurate plot plan of the site at such sca1e 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; 4. Location of each sign on the buildings; 5. Materials; 6. Sign proportions: 7. Any other pertinent information as required by the Director. (Old. 1624, (part), 1993) 15 ;)-3D 17.24.040 Cupertino· Sips 16 17.24.040 S\gRIs In Speeial p'A"nh1g 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 witlún those plans. (Ord. 1624. (part). 1993) 17.24.050 Wall SigDs-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 DOt 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-CommerciaI and Industrial Districts. A. In retail commercial or industrial districts. wall signs shall DOt 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 minimnm 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: I. 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 one hundred feet or more; S. Forty-eight inches for businesses with twenty thousand square feet or more and set back one hundred feet or more. See Appendix A-S. Example of How to Figure Size of Wall Sign. on tile in the office of the City Clerk and the Planning Department. for example. C. Wall signs which are intemally illuminated 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 approval from the Planning Commission. (Ord. 1624, (part). 1993) 17.24.070 Walt 3igns-Office and Institutioul Distri,u. A. Signs for businesses in an office or institutional district shall DOt exceed one square foot of sigri area per one linear foot of frontage. Further. each sign shall DOt exceed forty square feet and shall DOt exceed seventy percent of the frontage the business occupies in the building. B. The maximum height of a wall sign in an office or institutional district is eighteen inches. Wa1l signs set back from the property line more than fifty feet are permitted a sign height of twenty-four inches. (Ord.1624. (part). 1993) 17.24.0841 Wall Sign Location. A. Wall signs shall not project above the roof line of the building. B. Wall signs shall DOt 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 exIeIId 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 Ion""''Iped area. D. A wall sign which is an integral part of the face of an architeCtural projection shall DOt project beyond the face of the architectural projection more than two feet. (Ord. 1624. (part). 1993) 17.24.090 Permanent Window Sip. 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 DOt 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 Commission review. 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 ;2-31 17 Sip RegulatÏol!IS 17.24.100 or more busiDesseS in one bOOding or a single site with more than one bOOding sha1l provide for common usage of the sign. (Qrd. 1624, (part), 1993) 17.%4.nO Ground Sigæ-Slæ. A. Each ground sign allowed within the city sha1l be limiIed 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 of the sign, including the trim. B. The aggregate sign area of all ground signs on a site sha1l not exceed a total area equal to one square foot for each four Jinear feet of street frontage of the site. C. The aggregate sign area of all ground signs sha1l not exceed an area of one hundred square feet. D. The sign area for ·V· shaped signs and signs with more than two faces sha1l 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 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.%4.120 Ground Signs-Loc:ation. The location of all ground signs sha1l meet the following criteria; , A. Every ground sign sha1l be located wholly on the property for which the use the sign is advertising is located on. B. No portion of any ground sign sha1l 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 sha1l 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 shal1 be positioned within the center fifty percent of the lot frontage. Interior lots with more than two hundred feet of frontage shal1locate ground signs no closer than fifty feet from a side property line. (Ord. 1624, (part), 1993) 17.24.130 Ground Slgns-Information Contained. A. The number of tenant names on a multitenant ground sign is limited to five. For multitenant signs in a commercial district only, each tenant name shal1 not be less than six inches in height with a minimum of four-inch space between tenant names.' A shopping center or other multitenant commercial development with a center name shall emphasize the name on the sign. B. Street address numbers or the range of nwnbers for businesses shal1 be clearly displayed on the ground sign for easy visibility by passing motorists. If no ground sign exists the street address number or range shal1 be clearly displayed on the building. Street address numbers shal1 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, (pan), 1993) 17.24.140 GrollDd Signs-GlIISOooe Service Statio"". Gasoline service stations are permitted one groundsign regardless of street frontage with the following criteria: A. The fuel price sign sha1l 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 bOOding facing the public street in instances where a service station is not identified by a ground sign. The price sign sha1l be permitted in addition to any bOOding 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. shal1 not exceed six per face. The letter size of the price display shal1 not exceed the minimum specifications contained in Section 13532 of the California Business and Professions Code. (Ord. 1624, (pan), 1993) 17.%4.150 Electronic: Readerboard SigDs. 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 shal1 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 shal1 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 shal1 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. c1-3';;¡ 17.24.150 cupertino· Sips 18 F. Retail shopping centerS with an electronic readerboard sigh shall have restricted use of special 5Ìp as required in Section 17.32.090. (Qrd. 1624. (part). 1993) 17.24.160 Changeable Copy Sips. Changeable copy sip 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. A. All sip located within a commercial. industrial. or office district and within six hundred sixty feet of a .1.n~"''Iped freeway." measured from the edge of right-of- way. shall be oriented to the regular street system adjoining the property rather than to an orientalion that is exclusively visible from the freeway. Sip may be oriented to the freeway, subject to the approval of the Planning Commission. B. Sip 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 sip. 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 å 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 sip 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 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. atttaetive. 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 Sip, 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 compab"bJe and compliment the architectural style of the building with which it is principal1y associated. by incorporating its colors. materials. shape and design. The sign shall also be compan"ble 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 sip shall not project 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 mumlnation RestrictiollS. A. Exposed neon lighting used in any wall or ground sign shall require approval by the Planning Commission. B. The intensity of illumination for sip 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-Jamberts. The foot-lambert readings shall be used as a guide by staff to evaluate sip 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. IDuminated sip which are not a necessary part of the security lighting system for a business sIÍaI1 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) .J. -33 19 Sip Regulatio!lS 17.24.200 17.24.200 Decorettve StatuarY. Decorative statuarY may be permitted in commercial. institutional. industrial and office districts in conjunction with the overall architeetUral design of the building. the landscaping scheme and the sign program for the business. The Planning Commission sbal1 make a determination as to whether a st:rocture 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 ObstructiOJIIS Prohibited. No sign or other advertising st:rocture 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) 17.24.220 Sips near Residences. No sign other than those permitted in a residential district sba1l1Íe located closer than one hundred feet from any residenl:ia1 districIs 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) 17.24.23& ResIdential Distrlcts-Name Plates and Street or Unit Numbers. Each residential unit shal1 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 SigDs. Developments containing twenty units or more sba1l be permitted one identificalion sign which sba1l not exceed five feet in height and sba1l be DO greater than thirty-two square feet per side. Such signs sba1l be p1aced adjacent to the major entry of the development. Projects having frontage on more than one street sba1l be permitted one such entry sign on each street. Identification signs sba1l contain only the name and address of the development. (Ord. 1624. (part). 1993) 17.24.250 CoDStructiOIl1 and Maintenance SpeclI'icanoDS. 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 sba1l 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 immMi~tely repaired or rep1aced. C. All electrical. gas or other utility service and other pertinent fixtureS sba1l be placed underground. D. Guy wires or cable suppor15 used to brace the sign sba1l not be visible to the observer. B. No sign sba1l 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 shal1 be m.int.ined in safe. unbroken, and struCturally sound manner. including the rep\acemeDt or repair of any defective parts. painting, cleaning and any other work necessary to m.intain the sign and any landscape planter associated with the sign. (Ord. 1624. (part). 1993) 17.24.260 Summery of RegulatiODS for SigDS According to DistrIcts. Appendix A-3. Summary of Sign Regulations According to Districts. on file in the office of ihe City Clerk and the Planning Department. summarizes general sign regu1ations according to districts. (Ord.1624. (part). 1993) 17.24.270 Beverage Container RecycliDg SigDS. 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 exceeAil1g ten square feet in area which sets forth the information concerning a certified recycling center. as descn'bed in Sections 14570 and 14571 of the Public Resources Code. Such sign shal1 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 shal1 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) a. -3<1 17.32.010 CH.APl'ER 17.32: 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 signs. 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, attach or otherwise 6ffix, any temporary sign to or upon any pubiic property. .idewalk. crosswalk. curb. curbstone. fence. wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub. tree stake or guard, raDroad bridge or crossing, pole for electric light or power or telephone or telegraph (or other cormnlln;cwon 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, strucII1Te or device permon....tly 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 ¡ontl.,,8p':d strip on public property. B. Notwithstanding any provision to the contnIy descnDed in Section 17.32.010A above, temporary signs may be placed upon the public right-of-way as prescnòed 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 Tide. 2. Shall be no larger than four square feet of sign area per sign side with no more than two sides per sign. 3. Sba11 be no more than three feet tall measured from the grade of the sidewalk or adjacent ground level. 4. Sba11 have a maximum length of any part of the sign of three feet. 2004 S-1 C. Unless otherwise provided for in tills chapter. all temporary signs, whether or not located in the public right- of-way: 1. Sba11 not be located on the street or on street mrñhln!lZ. 2. Shall not be ill,,"';not"". 3. Sba11 not be located on private property without the oral or written consent of the owner or other person entided to possession of said property. 4. Sba11 moin'oin aI least 36 inches of clear and coDtÌDUOus width along a sidewalk or pathway plus any other area needed for hontlir.apped accessibility. 5. Sba11 not restrict in any way the safe vision of any vebicu1ar 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 bad: à m;n;rmnn of eighteen inches from the face of the curb or from the edge of the street, bicycle or vehicle travel lane. whichever is the grea1eSt 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. CandD shall not be app1icable to the following: I. The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The mo;n'Mlance of signs affixed to Santa Clara County Transit District bus sheluirs; 3. The maintenance of banners affixed to the top of the city-owned stanchions located aI a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The moln_on"" 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 marken or emergency signs. (On:!. 1926, § I (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part). 1997; Ord. 1624, (part). 1993) 21 (l-3S 17.31.010 CupertÏDG - Signs 22 17.31.010 Flags. A. Special-eveD! flags and streamerS may be permitted on a temporary basis in aU =ial districts in conjunction with a grand opening or special promotional activity. Flags will also be permitted in ~rI""";ol zones to identify model homes which are part of a new development. B. No specia1-eveD! flag may be higher than twenty feet above ground level. C. No more than two flag poles shall be pemitÌed 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 eveD! flags or streamers shall be completely removed not later than five days after the special eveD! to which they pertain is scheð\lI."j and are otherwise governed by the provisions of Section 17.32.090. (Old. 1926, § 1 (part), 2004; Ord. 1796, (part). 1998; Ord. 1624, (part), 1993) 17.31.030 Gara¡:e Sale Signs. A. Signs advertising a bona tide garage sale activity, as :lefined in Char'er 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 aUowed in the public right-of-way in accordance with the restrictions stated in Section 17.32.010, (Old. 1926, § 1 (part), 2004; Ord. 1624, (part), 1993) 17.31.040 Temporary Political Signs. A. Location. Notwithstanding any provision in this chapter . to the conlraIy, temporary political signs are permitted in aU zoning districts of the city, require no permits or approvals from the city, and are subject only to the following restrictions: I. Like aU other temporary signs, they are aUowed in the public right-of-way pursuant to Section 17 .32.010A, B, and C; 2. Like aU other temporary signs, they shall not be located on private property without the oral or written conseD! 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 17.52 of this Municipal Code, may cause such signs T"'"'oining after expiration of the appropriate five-clay period. to be removed; 2004 S-I 4. Like aU other temporary signs, if the Director of Public Works finds that any temporary political sign otherwise permitted is an immeði..~ peril or menace to pedestrian or vehicle traffic, he or she may cause it to be removed SUIIIIIIJIriIy pursuant to Section 17.52.040C of this Municipal Code. (Old. 1926. § I (part), 2004; Old. 1796. (part), 1998; Old. 1755, (part), 1997; Ord. 1655, (part), 1994; Ord. 1624, (part), 1993) ( 17.31.050 Project Announcement Signs. A. New projects under consIrUCûon, including subdivisions of five units or more, may he 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 beight. D. Project annoUDC"m""t signs may be permitted for a =imnm of one year or until aU of the units are sold, whichever comes first. .~nsions may be granted by the Director if the project has not been completed. (Old. 1926, § I (part), 2004; Ord. 1624, (part), 1993) 17.31.060 Residential Real Estate Signs. A. Subject to the restrictions contained in Section 17.32.010, real estate signs shall be permitted in aU 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"mountcd. 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 17.32.010. (Ord. 1926, § I (part), 2004; Ord. 1886, (part). 2001; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993) 01 -3" 23 Temporary Signs - Re:ulations 17.32.070 17.32.070 Sale, Rem or I"'Ad"C Signs. A. Sale, rent or leasing sigDS shall be permitted in all zones except residential zones. SigDS for residential zones are swed in Section 17.32.060 of this chapter. B. The sigDS may include the name of the real estate agent or owner, the address, phoDe number and any other pertinent information. C. Each parcel shall be allowed to display ODe sale/rentllease sign on each public street frontage. Each sign face shall be limited to tlrirty-two square feet, with a maxim"m of two faces per sign. Each sign shall be limited 10 a height of six feet. "V· ~ sigDS are prohibited. D. A building mounted saleJrentI1ease sign may be used in lien of a freestanding salelrentllease sign. One building mounted sign may be placed on each building elevation facing an adjacent public street; provided, that a freestanding salelrentllease sign as descn'bed in subsection C of this section is not displayed c:oncurrent1y 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 accordaDce with the provisions of Section 17.24.080 of this title regarding clearance, obstrUCtion and roof-line line level. E. SigDS for purposes of sale, rent or lease sha1l be permitted for display off sire. Display of such off-site sigDS shall be confined 10 private property, subject 10 the approval and cooperation of the property owner upon whose property the off-site sign is to be located. The off-sire sigDS shall be limited to one sign per street frontage, with a maximum of two signs per off-sire parcel. The off-site signs shall have a maxhnllm 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 10 Section 17 .32.010. F. 1. For salelrentl1ease sigDS may be iDstalled up 10 thirty days prior 10 any tenant vacancy. 2. Immediately following the close of sale, rent or lease of the space fJr building the sale, rent or lease sign shall be removed. G. For salelrentllease sigDS may not reasonably obstruct the visibility of any permanent ground sign. (Ord. 1926, § I (part), 2004; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993) 17.32.080 Subdivision Directional Signs. A. Subdivision cfirectiona1 signs for developments within the city may be permitted in all zones other than residential, to direct customers along the most direct route throup 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. 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 sigDS 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, § I (part), 2004; Ord. 1624, (part), 1993) 17.32.090 Temporary and Special Eveut 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 10 all criteria set forth in this section. A. I. Each business may be permitted use of ODe temporary special event sign subject 10 the tenant schedule in subsections C or D of this section. Each business may have the use of temporary signs for a mar;"""" of one hundred twenty days in a calendar year but not to exceed thirty days during any permitted period. Each business may be granted a muhTlllm of twelve permits in a CII!"""'" year. A minimum period of two weeks shall be required before a subsequent permit is granted. 2. One additiònal temporary sign and one additional promoticmal 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 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 ODe hundred square feet in area, and shall be placed on the building in accordance with the !imitations 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 maximl"" three-day period or five days for grand openings, four times within a calendar year. subject to the following: a. Parking is not displaced; :)-37 17.31.090 Cupertino - Signs b. The device is compatible with adjoining uses. Of major concern is proximity to resideDtial properties; c. The device is DOt located in a 11II!~"'aped from setback area; d. Tethered balloous 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 subsectious C or D of this section. 2. The Director shall review a requested use of any special promotional device, such as searchlights, hot air balloous, rides, traffic/parking directional signs witlún the public right-of-way and the Iike,·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 trafficlparking directional signs which may be used on a site on the specific day of the special promotional or temporary event. 4. However, the Director sba11 review the number and p\acement of signs requested to be placed in the public right-of-way, and may restrict the number and p\acement of such signs in order to ensure that adequate sight distance and traffic safety clearances are m.;nt.;n!!d 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 Tenant3 Number of Signs Permilted 3 tenants to 6 tenants -I tenant display or I center display -I tenant display + I center display -2 tenant displays + I center display -3 tenant displays + 2 center displays -4 tenant displays + 4 center displays 7 tenants to 13 tenants 14 tenants to 20 tenants 21 tenants to 27 tenants 28 tenants or more D. 1. Shopping centers with approved electronic readerboard signs sba11 only be allowed building mounted banners. 2. Freestanding temporary or special event signs for individual tenants are DOt allowed. 2004 S-I 3. Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of Tenant3 Number of Signs PermiJted -2 center displays -4 center displays 20 to 27 tenants 28 tenants or more 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 r"",·;n;ng after expiration of the appropriate five-day period to be removed. (Ord. 1926, § I (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord.. 1624, (part), 1993) 17.32.100 Wmdow Signs. A. Window signs sba11 be permitted in all commercial zones. B. The total area of any window obscured by any combination of permanent and temporary window signs sba11 not exceed twenty-five percent of the window suñace. C. 1. Signs witlún a window sba11 be cousidered temporary if they remain on the window for less than thirty days, and sba11 not be subject to review. 2. Wmdow signs intended to remain on display for more than thirty days sba11 be cousidered permanent window signs as regulated by Section 17.24.090. (Ord. 1926, § 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1624, (part), 1993) 24 t ....,. óI-3ß 17.44.010 CHAl'TER 17.441: SIGN EXCEP'l10NS" Section 17.44.010 17.44.020 17.44.030 17.44.040 17.44.050 Authority . Application 3IÌd 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 Planning Commission. 17.44.060 17.44.070 17.44.080 17.44.090 .. 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. § 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, § 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 assessmeqt roll) which abut the subject property. 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 sile 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, tilDe 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, particu1arly 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 10 provide notice, and the failure of any person 10 receive notice. shall not prevent the City from proc-.iing to consider or to take action with respect tQ. 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 prescn'bed regulations and the minimum variance that will accomplish the purpose. (Ord. 1844. § 1 (part). 2000: Ord. 1789, § l(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, § 1 (part), 2000; Ord. 1789. § 1 (part). 1998) 17.44.060 Conditions for Revocation of Exception- Notice Required. In any case where the conditions or limitations 10 an exception granted have not been complied with, the Planning Commission may revoke the exception after notice 25 J.-3tf 17.44.069 Cupertino· Sigu 26 and hearing in the same manner as defined in Section 17.44.030. (Ord. 1789. § 1 (part). 1998) 17.44.070 JExceptiooJl)eemed Null œd Void When- NotifieatIon 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 tothepropertyownerandJortenant. (Ord. 1789, § 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 decisioD, in writing to the City CooneR. B. The appeals shall be made within fourteen calendar days of the plaJming' Commission meeting by means of a letter in writing to the City CooneR stating the grievances. C. The appeal shall be accompanied by the same fee as required for appea1s under Section 19.136.020 of the Cupertino Municipal Code. D. Such appeals shall be heard by the Planning Commission and scheduled on their agenda at the time that other regular items aPpear. (Ord. 1844. § 1 (part), 2000; Ord. 1789. § 1 (part), 1998) 17.44.090 Reports to plonnlng Co",mlmßQ. 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, § 1 (part). 2000; Ord. 1789, § 1 (part). 1998) rJ _LIO 17.52.010 CHAPl'EJR 17.52: COMPLIANCE AND ENFORCEMENT Section 17 .52.010 Interpretation and enforcement of provisions. Nonconforming signs. Abandoned or discontinued signs. megal signs-Notice required- Summary removal authorized when. Storage of removed signs. Owner responsible for removal, alteration or relocation costs. mega! 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 17.51.810 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) 17.52.028 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: I. There is a change in the use of the property that the sign is located on; 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 sha1l 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 any one 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 multitenant sign sha1l 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 SigDs. Any sign which pertains to a business or occupation which is no longer using the particuIar 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 prolnbited and the removal sha1l 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 of this title or any other 27 ,J-c.{1 17.52.040 Cupertino· Sips 28 pertinent ortl;nonr.e of the City, the Director shall notify the owner of, or tenant using the sign in person or writing that the sign shall be ;",,,,..,not...ly removed. C. If the Director finds that any sign or other advertising structure, whether conforming with the orrlinAnr..e or not, is an ¡..,,'ft"UIoIt¡,te 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) 17.52.050 Storage of Removed Sips. Ally 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. (Ord. 1624, (part), 1993) 17.52.060 Owner RespoDSible for Removel, Alteration or Relocation Costs. Ally 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 sbal1 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 penon should erect, alter, relocate or maintain a sign in vio1ation 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 DeeIDed Infraction-Penalty. Ally 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) 17.52.0941 Appeels 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 tiling the appeal, the item shall be placed on thci Planning Commission agenda and reviewed in accordance with the adopted procedures of the Planning Commission. D. The decision by the Planning Commission shall be tinal unless appealed in the same manner as required in Section 17.44.080. (Ord. 1624, (part), 1993) J.-cf~ City of Cupertino SIGN o INANCE - APPENDIX A . . '" ~. - , . .. . , ' B.-C¡3 Appendix A-I: Sign Application Approval Process Flow Chart Applicant verifies with Prohibited Planning staff whether Exempt . proposed sign is exempt from (MaY apply for an exception) permitting process or prohibited. I Permit Required Applicant may revise Revise drawings or apply for an Submit sign program to exception. Drawings Community Development for permits. .... , Exception . Submit required exhibits, /" fees, and application form. Denied Staff will review application .... for compliance with Sign , ! Ordinance within 30 days. Staff will schedule hearing Approved within 30 days. 1 r . Community Development ASAC will review request in will issue permits. Approved "- conformance with exception process and either approve, approve with conditions, or . . · r · deny. · · C May install Sign.) -~ · Denied · · /" · If denied, applicant may · · appeal to City Council · · · Director will notify council Appeal · of decision within 5 working , ......... days. ~ Must submit written request to appeal decision to the City ADDroved Clerk within 14 calendm' days. J-<{t.{ Appendix A-2: Examples orWell Proportioned Signs I I r I I I I Examples or Signs Not Well Proportioned -, I I I ;).-</5 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 are 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. '·""'''''''''''''D''''·'lS''!l!J.W''·'&'':¡¡' :¡S"'''''''''''''':'., _"'<'''~'<''''''r '_' - ,., '-' ,.....,:;:..,.>.,., .;.;:;:,:.:::::.,::::.~::,;:<:-" . '-' . -"":; ;::;:::::::...::;::~:~:.: .. .....m..._ ..., .. _,_, .u__ ,-- ............... RESIDENTIAL DISTRICTS COMMERCIAL DISTRICTS INDUSTRIAL' . DISTRICTS OFFICE and INSTITUTIONAL DISTRICTS Name plates and address numbers only. gflWiW@lJWt1~îgWirr1:fiS1GN$@~9ilfM~~@~mM@H \MJl1Mt¥f~m~nni.rGRðtlNJj}StGNS@W¥mf$ætMtt .. No.: l!business, 2 for businesses on a comer with nO ground sign. Size: 1 s.fJl ft. ftontage, not to exceed 70% of store ftontage. (Max. 200 sq. ft.) Height: 18" - All signs 24" - > 50' setback or, > 5000 s.f. business size 36" - > 100' setback and 10,000 s.f. business size. 48" - > 100' setback and 20,000 s.f. business size. . Window Signs: CalcuJated into allowable s.f. of waIl signs. A max. of 4 s.f. of neon Sign is permitted in the allowable window sign area. Same as Commercial except window signs are not allowed. , No.; l!business Size: 1 s.f./l ft. frontage, not to exceed 70% of frontage. (Max. 40 sq. ft.) Height: . < 50 ft. setback: 18" . >50 ft. setback: 24" Developments of 20 units or more: I identification sign of 32 s.f. and 5 ft. high on each street side. No.: . lIsite with min. 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. max. Tenants: 5 tenant 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 electronic rcaderboard signs are not allowed. Same as Commercial except electronic rcaderboard signs are not alÍowed. ;¿-c.¡/p Appendix A-4: SUMMARY OF REGULA nONS FOR TEMPORARY SIGNS · SUIff approval required of all signs unless exempted by Chapter 17.16. · All signs are to be located entirely on-site unless otherwise specified. · All signs sha11 meet the comer site triangle requirements. ·ffi'$ÏGf{f/1fiPItJ}& '@Mi4.zœ:4$fW W(¥í..(1èffi&fiWREGUTf)i'T10.NSiWßM@WSiI·¥NUMBËR' nTiMEWtMIxi WAPPRovAIfi) OFF-SITE All Maximum 4 sq. ft. per side. See See individual See individual SIGNS Require written pennission of property individual type of signs. type of signs. owner. type of Not located in comer triangle, street, signs. median, island, shoulder, drainage swale, sidewalk. bike lane, CUIb, gutter, or bike oath. FLAGS Commer~al Grand Openings or special events. Subject to 2 weeks. StafE 20 ft. height max. approval from staff. Residential For model homes onlv. 2 ner unil I vear. None GARAGE SALE All Districts. On-site: 32 sq. ft. max. 6 ft. lùgh 1 per site. 24 hour prior None. SIGNS no corner triangle. to event and removed by Off-Site: See off-site regulations above. 3 off-site sunset last day . allowed. of event POUTICAL All districts. See off-site regulations above. No limil 90 days prior None. SIGNS to election. Removal 10 days after election. PROJECT All diStricts. New construction projects and 2 ground 1 year. StafE ANNOUNCE subdivisions of S or more. signs SIGNS 32 sa. ft. DCf side. 6 ft. heighl RESIDENTIAL Residential On-site: 4 sq. ft. per side. 6 ft. height I sign per Length of sale. None. REAL ESTATE streel SIGNS Removal by Off-site: See Off-site remlations. above. 3 max. sunsel None. SALE/RENT/ All. except 32 sq. ft. per side. 6 ft. heighl I per street Length of sale None. LEASE SIGNS residential. No ''1'' signs. Cwters with elect per site. .. rcaderboard signs must incorporate salelrcntlleasc inlo message. SUBDIVISION All, except 32 sq. ft. per side. 6 ft. height 3 per I year. SUIff. SIGNS residential. No ''1'' signs. subdivision TEMPORARY All, except Portable signs: 6 ft. height, 32 sq. ft. per I per bus. 30 day period SUIff. SPECIAL residential. side. See chart 4 timeS per EVENT SIGNS Banners: Bldg. mounted, 100 sq. II. for centers. year. 2 weeks AND DEVICES. between periods. Devices: Tethered balloons 2S II. high I per bus. 3 days period Staff. Parking nol displaced. See chart 4 for centers. times nervear. WINDOW SIGNS Commercial Temporary and permanent window signs 30 days None. not to exceed 25% of surface. ().-tf1 Appendix A-5: Cupertino Standard Detail 7-2 Corner Triangle - Controlled Intersections CORNER SIGHT DIS T ANCE FORMULA SO = Design speed X f. 4 67 X 7.5 DESIGN 851h PERCENTilE SPEED Si9h'Dislance I I [Seconds ~ 851h porcenlile speed Cri/erio SO 25 30 35 40 45 50 275 330 385 440 495 550 o q o a: ~ If ~ I - /' G..JlS>~/' -/' - , I~ $D /'~ []]C?J"....... CIJ!»-~-__ - SD í , MAJ05---ÁCJAD .......-- - ./-<lS Çì lS - ~- ---. LEGEND Sel bocks from edge of Iravel lone y = Dislrnce be/ween Iheedge of /rave/way and Ihe curb. Applie;' 10 parking,bike/anes, sl)ou/ders and/or combinalion. lS = line 01 sighl SD=Sighr distance G=Edge ollrove(way CD Crosswalk sel bock = 24 reel + Y ® Limil line sel bock = 13 feel + Y ct . ~..;. 0- J..-'Ie Appendix A-6: Cupertino Standard Detail 7-4 Corner Triangle - Uncontrolled Intersections LS - Un. of siOhl Cenl.r liOf! 100 feet - -----...... '\ 1 -- \ I I I \ \ '" ----- It. MOnumimt or inlerseclino point /-- I ( I ~-qq Appendix A-7: Cupertino Standard Detail 7-6 Sidewalk Site Triangle (Sidewalk Clearance at Driveways) It: ~ I- :> C> !:] ä: ~ ( "- o .. ::; ....- '" IX) -IX) ~ ... ~ ~ II) u c;j LL ....... --.--.." >- ~ ILl > æ a lO II) Z Z ..._ 0 ...ß ¡:: <{lLIz a!d ~~º l1J~ ~ILI~ j¡3 ...z> oa: <{OILl a: ~F¡¡j ~~ 9g~ 8~ (f)a:~ -0: 01--<1 :J z~:: ~u.. -OILl-L J: a II) ,- a: W Ci)w-Jfr £D)- J:- z II) I-<{ - II) <{ILl:> II) ~LLðm~z 0: 0 aJ" º « <{(/)wl- w ZLLJU Q W I- CJ U) II)UJ ILl ILI- aælLlII)oa: « LL'- II) IJJ J:w ~...JI- 1J)Q1rt1 «~ J - fi:J Appendix A-8: Example orHow to Figure Size or Wall Signs 42 ft. max. (70'Yo ofwalllenglh) BIG AVS ICE CF.EAM -- 60 ft. Building Frontage 50 ft. Setback Sign Height: 18 inches maL (50 ft. or less setback and less than 5000 sq. ft. building) Sign Area: 60 sq. ft. max. (60 ft. of frontage, includes area of window signs) ,;2-5/ Appendix A-9: Example of How to Figure Size nnd Location of Ground Signs ,IV Sidewalk Site Triangle B1Jiliing Frontage } 50 ft Setback ,...:~ 35.5 ft. 130 ft Street Frontage 1 Ground Sign Allowed: 130 ft + 50 f1. = 180 ft. (is greater thart150 ft.) Maximum Sign Area: 32.5 sq. ft. (130 ft}4 = 32.5 sq. ft.) Sign Location: Center 50% begins at 32.5 ft. from side property lines. (130 ft./4 = 32.5 linear ft.) Curb 8 ft, (Total Sign Height) 5 ft. (sign height) ó· min. mm. 6· . mm, mm. ó· min. mm. ó" min. mm. ó·min, ó.5 ft. (length) TENANT TENANT TENANT TENANT TENANT e ~ œ ~ ~ ~=¡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 ITom the closest curb. J-5.;;J, In This Issue Library News ........................................ 2 Bicycle Safety Tips .........................;.... 3 Election Coverage ..:............................ 3 Light 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 ................................................... 10 Simply Safe ....;.....................................11 Travel Office Vacancy.........................11 Jubilee Poetry Winners .................... 12 eNotification ....................................... 12 Commission Vacancies .................... 13 The Better Part ................................... 13 Coyotes and Bobcats ....................... 13 Council Actions ................................. 14 Access Cupertino .............................. 15 City Meetings ..................................... 16 Thanksgiving Holidays Affect Garbage Pickup Due to the coming Thanksgiving holi- day, Los Altos Garbage Company (LAGCo) collection services scheduled on Thursday and FridaJi Nov. 24 and 25 will be delayed l:y one day. Garbage and recycling no=:illy collected on Thursday thar week will have pickup on Friday, Nov. 25. Those with services on Friday will have pickup on Saturday, Nov. 26. For more info, call LAGCo at 408.725.4020. .£JAllI....,.... J...I Reading theJigns As a part of updating the City's regu- lations on signs, the Cupertino Planning Commission invites residen ts, business owners and interested parties to pro- vide input and feedback on how these regulations migh t be changed to better meet the needs of the community and businesses of Cuper tino. The Planning Commission is also interested in hear- ing suggestions £rom 1'esidents and the business community to determine ad- equate signage advertising for OOsinesses. The City's sign regulations are induded within Tide 17 of the Cupertino Mu- nicipal Code and can be found on the City's website at www.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, PlanningDepartmeot, 10300 Torre Avenue, Cupertino, CA 95014 or by email at planning@cupertino.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 No- vember 22, 2005 meeting; Flood Insurance Discount Effective October 1, 2005, Cupertino flood hazard area homeo'WTIers can receive a discotmt 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 J-53 18-24 in (office and institutional) Dependent upon setback ranging from 18 in to 48 in. (commercial and industrial) Dependent upon zoning district, relationship to structure and architectural style of building 2 feet max., but must be balanced in scale and proportion to the building. Wall Sign Height Temporary Signs (Materials) Not addressed Definition: Usually constructed of cloth or fabric, cardboard, wallboard, wood or other light materials. Not Addressed Definition: Sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard, or other light material, with or without frames. U E-< - ~ ~ ~ Not Addressed 14 days prior to special event and removed within 24 hours after event (events) Not Addressed Not No more than 9 temporary sign pemrits per calendar year per business Addressed Temporary/Special Event Signs (Duration) 120 days max. per calendar year, max 30 day use at a time with 2 week break in between 45 days max. openings) 9 consecutive days, 16 consecutive for grand openings. One pemrit per year 30 days max. uninterrupted, may be extended once for 15 days Non-EnglishlBilingual Signs (grand 30 days max. but Each non-english character is counted as an "item of information." Limit of 10 "items of information" per sign face Not Addressed Not Addressed Not Addressed Not Addressed CU]Jertino Sign Ordinance Comparison Table Los Gatos Mountain View Sunnyvale Palo Alto ':1) , <'6