10050-10080 N. Wolfe Road S-2023-001 Action Letter
SENT VIA ELECTRONIC MAIL
March 6, 2025
DSignArt Inc.
Attn: Sid Aslami
3428 Hillcrest Avenue, Suite 150
Antioch, CA 94531
info@dsignart.com
SUBJECT: SIGN PROGRAM ACTION LETTER - Application Number S-2023-001
This letter confirms the decision of the Director of Community Development, given on March 6,
2025 approving a revised sign program (S-2023-001) for the building located at 10050-10080 N.
Wolfe Road (APN: 316 20 086).
FINDINGS
Prior to approval, the Community Development Director must make the following findings as
outlined in Section 19.104.130 of the City of Cupertino Municipal Code. Staff analysis is shown
below the required findings.
The Sign Program complies with the purpose of this chapter.
The proposed Sign Program revision complies with the purpose of the Sign Ordinance by
establishing a comprehensive set of design standards serving to identify and enhance the signage.
The proposed plan maintains the aesthetic appearance of the City by establishing a high quality
and consistent set of guidelines for all tenants on the subject site that includes direction as to the
number, placement, size, color, and material of future signs.
Proposed signs are creative, and are in harmony with the structures they identify, other signage on the site,
and the surrounding development.
The Sign Program revision establishes a set of design standards, which are in harmony with the
structures they identify in that they are appropriate in scale, incorporate colors and tones
approved for the site, and provide continuity throughout the development.
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.
CONDITIONS OF APPROVAL
APPROVED PROJECT
Approval is based on the Master Sign Program consisting of 16 pages prepared by DSignArt, Inc.
entitled, “Wolfe Square Sign Program”, dated January 1, 2025, except as may be amended by
conditions in this resolution.
Refer to the City of Cupertino Sign Ordinance for provisions not specified in this Sign Program.
Any non-conforming wall or ground signs must comply with the regulations listed in the Sign
Program or 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.
ACCURACY OF THE 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. Any misrepresentation of any
property data may invalidate this approval and require additional review.
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 Building Department
determines that it is not necessary to obtain one.
FUTURE MODIFICATIONS TO THE SIGN PROGRAM
Any proposals for new permanent sign locations not shown on the Sign Program or modifications
to existing Sign Program standards shall require City review through a Sign Program
modification and additional discretionary permit if determined necessary by the Director of
Community Development.
TEMPORARY SIGNS
This Sign Program approval does not constitute approval of any existing temporary signs,
including temporary banners or flags currently onsite. Any existing or proposed temporary signs
are subject to the regulations in the Sign Ordinance and require a Temporary Sign Permit, unless
otherwise exempt.
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.
INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to
indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City
Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and
against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or
proceeding (collectively referred to as “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 related to
any Ordinance, Resolution, or action approving the project, the related entitlements,
environmental review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to damages, fees,
and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether incurred by the
Applicant, the City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and
costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts
paid to the City’s outside counsel 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. The applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys’ fees, or costs awards, including
attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded
against the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in
additional investigation or study of, or for supplementing, redrafting, revising, or amending, any
document (such as an Environmental Impact Report, negative declaration, specific plan, or
general plan amendment) if made necessary by proceedings challenging the project approvals
and related environmental review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for business
interruption, punitive, speculative, or consequential damages.
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.
Staff has made all of the findings that are required for approval of a Sign Program as required by
the City of Cupertino Municipal Code, Section 19.104.130(C).
Please be aware that if this permit is not used within one (1) year, it shall expire on March 6,
2026.
Please note that an appeal of this decision can be made within 14 calendar days from the date of
decision (Thursday, March 20, 2025 at 5:00pm). If this happens, you will be notified of a public
hearing, which will be scheduled before the Planning Commission.
If you have any questions, please contact me by email at emis@cupertino.org.
Sincerely,
/s/
Emi Sugiyama
Associate Planner
City of Cupertino