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Reso 104SP-2018-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.104 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO APPROVING A MASTER SIGN PROGRAM AT THE MCCLELLAN SQUARE SHOPPING CENTER LOCATED AT 10385-10497 S. DE ANZA BLVD (APN 359-17-019 and 359-17-023) SECTION I: PROTECT DESCRIPTION Application No.: SP-2018-02 Applicant: Victor DeMelo (Browman Development Company) Location: 10385-10497 S. De Anza Blvd (APN 359-17-01-9 and 359-17-023) SECTION II: FINDINGS FOR SIGN PROGRAM PERMIT: WHEREAS, the City, of Cupertino received an application for an Sign Program permit as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least one public meeting in regard to the application; and WHEREAS, the project is determined to be exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the applicant has I met the burden of proof required to support. said application; and WHEREAS, the Administrative Hearing Officer finds as follows with regard , to this application: 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, illumination, and material of future signs. Resolution No. 104 SP-2018-02 February 28, 2019 Page 2 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 Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony, staff's report and presentation, 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-2018-02 is hereby approved and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Meeting record concerning Application no. SP-2018- 02 as set forth in the Minutes of the Administrative Hearing Meeting of February 28, 2019 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the document entitled, "Master Sign Program for McClellan Square Shopping Center", consisting of twenty-five (25) 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, building setbacks, property size, building square footage, any relevant easements and/or construction records. Resolution No. 104 SP-2018-02 February 28, 2019 Page 3 Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA-2018-10 and TR-2019-05 shall be applicable to this approval. 4. GROUND SIGN CONSTRUCTION Prior to final inspections, the new ground sign proposed at the southeast corner of the shopping center (S De Anza and McClellan Road) shall be constructed per the approved sign program and to the satisfaction of the Director of Community Development. 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 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 Resolution No. 104 SP-2018-02 February 28, 2019 Page 4 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 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 28th day of February, 2019 at a noticed Public Meeting 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: llen Yau Associate7Panner APPROVED: Benjamin Fu Acting Director of Community Development