Reso 033 CITY OF CUPERTINO
10300 Torre Avenue �
Cupertino, California 95014
RESOLUTION NO. 33
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO
ALLOW A MASTER SIGN PROGRAM AT THE MCCLELLAN SQUARE SHOPPING
CENTER LOCATED AT 10385-10497 S.DE ANZA BLVD
SECTION I• PROTECT DESCRIPTION
Application No.: SP-2014-01
Applicant: Aaron Zuzack(Browman Development)
Location: 10385-10497 S.De Anza Blvd (APN 359-17-019)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for a
Sign Program as described in Section I. of this Resolution;
WHEREAS, the project is categorically exempt from the California Environmental Quality Act(CEQA);
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the Administrative Hearing Officer held a public hearing on June 26, 2014 in
regard to the application; and
WHEREAS, the Administrative Hearing Officer finds:
1. The Sign Program complies with the purpose of chapter 19.104.
The proposed sign program complies with the purpose of the sign ordinance by establishing a comprehensive
plan serving to identify and enhance tenants in the shopping complex. The proposed plan maintains the
aesthetic appearance of the City by establishing a high quality and consistent set of sign standards for all
tenants on the subject site that includes direction as to the number, placement, size, color, and material of
future signs.
2. Proposed signs are creative, and are in harmony with the structures they identify, other signage on
the site, and the surrounding development.
The proposed signs allow for unique and creative tenant logos, and are in harmony with the structures they
identify in that they are appropriate in scale and are to provide equidistant spacing on the surfaces they are
affixed, and incorporate colors and tones approved for the site.
3. The Sign Program contains provisions to accommodate future revisions that may be required
because of changes in use or tenants.
The Si�n Pro�ram contains provisions to accommodate future revisions that may be required because of
changes in use or tenants.
Resolution No.33 SP-2014-01 June 26,2014
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3
thereof, the application for a Sign Program, Application no. SP-2014-01 is hereby approved, and
That the subconclusions upon which the findings and condiHons specified in this Resolution are based
and contained in the Public Hearing record concerning Application no.(s) SP-2014-01 as set forth in the
Minutes of Administrative Hearing Meeting of June 26, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set dated May 20, 2014, consisting of nineteen (23) sheets entitled,
"Master Sign Program for McClellan Square Shopping Center" drawn by OD Signs Inc., except
as may be amended by conditions in this resolution.
Refer to the current City of Cupertino Sign Ordinance far provisions not specified in this sign
program. Where there is a conflict between the sign program and the Sign Ordinance, unless
specifically approved in the sign program, the regulations in the Sign Ordinance shall apply.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but
not limited to property boundary locations, building setbacks, property size, building square
footage, any relevant easements and/or construction records. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
3. SUPERSEDENCE OF PREVIOUSLY APPROVED SIGN PROGRAM
The sign program approved under file no. SP-2014-01 shall supersede all prior sign program
approvals for the apartment complex.
4. FUTURE MODIFICATIONS TO THE SIGN PROGRAM
Any proposals for new permanent sign locations not shown on the sign program, illumination of
existing non-illuminated signs, or modifications to existing sign program standards shall require
City review through a sign program modification and an additional discretionary permit if
determined necessary by the Director of Community Development.
5. BUILDING PERMIT REOUIRED
This Sign Program approval does not constitute building permit approval. A building permit is
required for each separate sign indicated on the sign program unless the City of Cupertino
Building Division determines that it is not necessary to obtain one.
6. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-03 shall be applicable to this
approval.
Resolution No.33 SP-2014-01 June 26,2014
Page 3
7. MINOR CHANGES TO SIGN LOCATIONS SHOWN ON SIGN PROGRAM
If necessary, the Director of Community Development may review and approve minor changes
to signage locatioris shown on the approved sign program's site and elevation.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
9. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its
City Council, its officers, employees and agents (the "indemnified parties") from and against any
claim, action, or proceeding brought by a third party against the indemnified parties and the
applicant to attack, set aside, or void this or any permit or approval authorized hereby for the
project, including (without limitation) reimbursing the City its actual attorneys' fees and costs
incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such
action with attomeys of its choice.
10. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Govemment Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 26th day of June, 2014 at a Regular Meeting of the Administrative Hearing
Meeting of the City of Cupertino, State of California,by the following roll call vote:
AYES: HEARING OFFICER: Chao
NOES: HEARING OFFICER:
ATTEST: APPROVED:
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a' 'e Groeneweg �-�ary Chao
Assistant Planner Assist. Dir. of Community Development