Reso 078CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 78
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF
CU PERTINO TO MAKE MODIFICATIONS TO A MASTER SIGN ]PROGRAM
AT THE MCCLEL LAN SQUARE SHOPPING CENTER LOCATED A1'
10385-10497 S. DE ANZA BLVD (APN 359-17-019 and 359-17-023)
SECTION Io PROJECT DESCRIPTION
Application No.: 5P-2015-06
Applicant: Aaron Zuzack (BBC Hayward LP)
Location: 10385-10497 S. Ike Anza Blvd (APN 359-17-019 and 359-17-023)
SECTION II: ]FINDINGS
WHEREAS, the Administrative ][fearing Officer of the City of Cupertino received an application
for a Sign Program permit 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 Dearing Officer held a' public
meeting on ]February 9, 2017 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 tenant spaces 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.
Resolution No. 78 SP -2015-06 February 9, 2017
Page 2
The Sign Program contains provisions to accommodate future revisions that may be required due to
changes in use or tenants.
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 2 thereof, the application for a Sign Program, Application no. SP -2015-06 is
hereby approved, and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application no. SP -2015-06 as set
forth in the Minutes of Administrative Hearing Meeting of February 9, 2017, 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 entitled, "Master Sign Program for McClellan Square
Shopping Center", consisting of twenty-one (21) sheets, except as may be amended by
conditions in this resolution.
Refer to the current City of Cupertino Sign Ordinance for provisions not specified in this
sign program. Where there is a conflict between the sign program and the Sign
Ordinance, unless specifically allowed in the sign program, the regulations in the Sign
Ordinance shall apply.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, store fronts, 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 -2015-06 shall supersede all prior sign
program approvals for the shopping center.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA -2015-14, ASA -2015-28, and TR -
2015 -27 shall be applicable to this approval.
5. 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
Resolution No. 78 SP -2015-06 February 9, 2017
Page 3
additional discretionary permit if determined necessary by the Director of Community
Development.
6. BUILDING PERMIT REQUIRED
This Sign program approval does not constitute building permit approval. A building
permit is required for each separate sign indicated on the sign program unless the City
of Cupertino Building Division determines that it is not necessary to obtain one.
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 locations shown on the approved sign program's site and elevation.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Community
Development Department.
9. INDEMNIFICATION
]Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the "indemnified
parties") from and against any claim, action, or proceeding brought by a third party
against one or more of the indemnified parties or one or more of the indemnified
parties and the applicant to attack, set aside, or void this ][resolution 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 applicant
shall pay such attorneys' fees and costs within 30 days following receipt of invoices from
City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise
employed as City staff and shall include City Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred
by City.
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 Government
Code Section 66020(d) (1), these Conditionsconstitute 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.
Resolution No. 78 SP -2015-06 February 9, 2017
Page 4
PASSED AND ADOPTED this 9th day of February, 2017 at a noticed Public Hearing of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the
Director of Community Development, or his or her designee, pursuant to Cupertino Municipal
Code Section 19.12.120.
ATTEST:
Ellen Yau
Assistant Planner
APPROVED:
Benjamin Fu
Assistant Director of Community Development