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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: , /� GL'�� � � � ��� , � . ,- , ; i ` _ _ ; ��f _ a' 'e Groeneweg �-�ary Chao Assistant Planner Assist. Dir. of Community Development