Appeal Form - David Ford 2022CUP!RTINO APPEAL FORM
OCT 21 2022
CUPERT)NO CIITY
Application No.:EXC-2022-003
2. Applicant(s) Name: Da"d FOrd
Project Planner:Gian Martire
4. Appellant(s) Name: Da"d FOrd
Address:
Phone Number:
Email:
a. Appeals regarding Title 19 (Zoning) and 14.18 (Protected Private Trees):
€ Administrative decision (14 calendar days after decision to appeal)
(!!) Planning Commission decision (14 calendar days after decision to appeal)
€ Design Review Committee decision (14 calendar days after decision to appeal)
Other appeals:
€ Director of Community Development decision regarding Tentative Maps (18.20)
(14 calendar days after decision to appeal)
€ Street Improvements (14.04) (30 calendar days after date of decision to appeal)
€ Code Enforcement regarding Massage Permits (9.06) (5 business days after
receipt of notice of decision to appeal)
€ Solicitor's Identification Permit (5.20) (10 calendar days after denial notice to
Dateofdecisionormailingofnoticeofdecision: 10/11/22
Specifically state the grounds and basis for appeal: The Plann!ng Comm!SS!on
decision was based on inaccurate information regarding CEQA requirements,
Dark Sky restrictions, and Highway 280 designation as a scenic highway.
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As planning staff stated in the Commission meeting the signs are exempt from
CEQA requirements, the building construction went through the CEQA review
process and was approved.
The Commission also noted that the sign would not be in compliance with the
city's Dark Sky requirements but signs are exempt if they meet the required
250-ff lambert requirement which staff noted is the case for this proposal.
Several members of the public and some Commission members were concerned
that the sign faces a potential Scenic Highway section of 280 and approving the
sign could jeopardize that designation. Staff noted that there is no indication from
Caltrans on when that review process could take place, how long it would take
to complete, and that an illuminated sign would have any effect on that decision
(staff mentioned other illuminated freeway signs in Cupertino as well as San Jose
along this section of highway 280).
There was also no discussion by any Planning Commission members on the
required findings to allow the proposed signage as outlined in the Planning
Department staff report which was supported by the applicant.
Please complete form, include appeal fee of lpursuant to Resolution No.
$716.37 for massage application appeals), and return to the attention of the City Clerk, 10300
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10300
Signature(s):
Q'ig.iz.'izo Appeals.
A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any
grant, denial, modification or revocation of any permit, or any determination or interpretation
related to any provision of this title.
B. Filing:
1. An appeal shall be in writing on forms prescribed by the City and shall be filed during
regular office hours with the City Clerk within forirteen calendar days after the City decision or
if a notice of decision is not required, from the date of the decision or determination, under this
title. An appeal not filed within such time shall be barred. The appeal shall state the grounds
and basis thereof.
2. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the
City Council.
C. Noticing: Notice of hearing shall be given in the same manner in which the original notice
was given. If a project with no noticing is appealed, appropriate noticing shall be determined by
the Director of Community Development.
D. Appeal hearing body shall be determined in accord with Section 19.12.030.
E. Decision of the appeal hearing body: The decision or determination of the appeal hearing
body on any appeal shall be final and effective immediately.
F. Notice of Decision: Notice of the appeal hearing body's decision shall be mailed to the
original applicant, to the person filing the appeal, and to any other person who has filed a
written request with the City Clerk.
PAYMENT DATE
1 0/21 /2022
COLLECTION STATION
Finance Counter2
RECEIVED FROM
David Ford
DESCRIPTION
x BATCH NO.
2023-04000399
RECEIPT NO.
2023-00000700
CASHIER
Min Zhao
ENTRY DATE
1 0/21 /2022 03:45:05 PM
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Appeal Appeal $347.00
Ap_pea_l_ Fee__ _ _ _ _ __
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i Total Check $0.00: Total Charge $347.00 I
jrToottaali Wotihreer $0.00 $0.00
I Total Remitted $347.00
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$347.00
Printed by: Min Zhao Page 1 of 1 10/21/2022 03:45:05 PM