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14. Sign ordinanceCITY OF CUPERTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Deparhnent SUMMARY Agenda Item No. Application: MCA-2009-OJ. Applicant {s}: City of Cupertizlo Property Location: Citywide Agenda Date: October 20, 2009 Application Summary: Municipal Code Amendment to Title 17 of the Cupertino Municipal Code, Sign Ordinance. RECOMMENDATION The Planning Commission. recommends that the City Council adopt the proposed amendments to the Sign Ordinance in accordance to the model ordinance (Attachment A). BACKGROUND: On February 19, 2008, the City Council adopted in its 2008-09 work program, a review of the sign.ordinance in order to make it more "business friendly." The first part of a phased ordinance amendment process was completed in October 2008, when the City Council adopted changes to Chapter 17.32 (Temporary ~ Sign Regulations) of the Sign Ordinance. This proposed amendment is the second part of the process which involves a comprehensive review of the Sign Ordinance. These amendments were reviewed by the Planning Commission at its meeting on September 22, 2009. The Commission recommended approval of the proposed amendments, an a 4-1 vote (Lee: No). Overall, the Planning Commission support; the changes recommended by staff with a minor revision regarding the review and. approval authority of Neon/LED signs (discussed further on Page 4 of this report). DISCUSSION: COMMUNITY OUTREACH On July 15, 2009, a community workshop vas held by City staff to give the community an opportunity to review and discuss any concerns or comments related to the sign ordinance. 14-1 MCA-2009-O1 Sign Ordinance Amendment October 20, 2009 Page 2 Citywide notification was provided in a newspaper advertisement in the Cupertino Courier. Announcements about the ordinance update and the community meeting were made on the City's website, the City Channel, the Cupertino Radio station (1670 AM) and in the Cupertino Scene. Additional outreach effort included notification to commercial property owners, businesses, the Cupertino Chamber of Commerce and the Chamber's Legislative Action Committee. Comments received from the community meeting are summarized as follows: • Add flexibility in wall signs and ground signs • Facilitate creative signs • Preserve well-designed nonconforming signs • Expedite sign approval process • Lower threshold for requiring a Sign Program Please see Attachrrtent B for detailed discussion and account of the workshop comments. 111 addition to the comments received from the public workshop, staff also received a comment from a resident who expressed a need for signs in English (see Attachment C). The resident contends that signs in ethnic languages currently preclude larger segments of the community from using businesses. He noted that signs in English would promote better integration and provide for a healthier economic base in the City. The City Attorney has researched this issue and has found that sign content cannot be regulated without violating both First Amendment and Equal Protection rights (see Attachment D). However, cities are allowed to require building numbers and street addresses in English to allow Fire and Police Departments to locate buildings in the event of an emergency (see Attachment E). The Cupertino Sign Ordinance already includes this requirement. ORDINANCE AMENDMENT OBTECTIVES & TOPICS Based on input received fiom the community workshop and the City's past experience in working with business owners/sign applicants, the proposed changes to the Sign Ordinance are designed to meet the following objectives: 1. Increase flexibility 2. Streamline the approval process 3. Improve the readability of the document while making it internally consistent and removing redundant language Staff also reviewed Sign Ordinances from several cities in Santa Clara County, San Mateo County, and in other areas in California for each of the areas in which changes are being, proposed (see Attaclunent F). Attachment G is a strikeout version of the ordinance anlendments indicating removals and additions. In addition, sidebars along the document show one or more of the three 14-2 MCA-2009-01 Sign Ordinance Amendment October 20, 2009 Paee 3 objectives achieved by each set of amendments. The following serves as an executive sumrriary of the ordinance amendment objectives and the critical changes. Please review Attachment H, September 22, 2009 Plannuzg Commission Staff report, for a more detailed discussion on each item. 1. INCREASE FLEXIBILITY Changes proposed in the following arE~as of the Sign Ordinance allow additional flexibility. In proposing amendments io the Sign Ordinance, staff also reviewed recurring sign exception requests that were consistently supported by the City. The following is a brief list of changes that are being proposed: a) Redefine how sign dimensions are measured: by removing wall sign height restrictions and allowing a more flexible way to measure sign area. This flexibility in addition to the existuzg design criteria in the Ordinance will ensure that signs are architecturally proportional with the building and of high quality (See Page 7 of Attachment G for deta:ils). U) Lar1d1~1ark signs: Legal non-conforming s1b~-ns with a distinctive architectural style would be designated as Landmark Signs. Minor structural enhancements, minor modifications or relocation of the sign within the same general area, may be allowed, provided that the architectural character of the sign is not compromised. A list of the potential Landmark signs is included for the City Council's consideration (Page 59 of Attachment G). c) Allow pedestrian-oriented blade sign; s; to promote businesses that are located in pedestrian-oriented developments and make buildings visually appealing (See Pages 4,13 and 25 of Attachment G). d) Allow logos/symbols on directory signs: to provide additional graphical or visual assistance to make these signs more effective and easier to read (See Page 12 of Attachment G). e) Allow additional wall slgn on co~•rler buildings: to provide flexibility for additional wall signs on buildings th;~t function like a corner building adjacent to not only public streets but private driveways as well (see Page 24 of Attachment G). f) Allow properties with 100 feet of sfreet frontage one ground sign regardless of building setback (See Page 26 of Attachment G). g) Allow i11ur11inated logos, symbols or insig~lia (See Page 25 of Attachment G). IZ) Allow additio~lal po~•table sig~ls for larger retail stoles with multiple entrances and wide frontages (See Page 45 of Attachment G). i) Other Miscellaneous Changes as indicated in the Planni~lg Commission staff report dated September 22, 2009 (See Page 7 of Attachment H) 2. STREAMLINE APPROVAL PROCESS In an effort to enhance the efficiency of the sign review and approval processes, the following amendments are proposed to the Sign Ordinance: 14-3 MCA-2009-O1 Sign Ordinance Amendment October 20, 2009 Page 4 a) Change the sign program c~•iteria - to exempt smaller developments from requiring a sign program and to allow greater creativity/individuality for developments that require sign programs by allowing minor variations from the sign ordinance (See Page 15 of Attachment G). b) Neon/LED Signs -Recent trends indicate that neon and the newer technology of using light-emitting diode (LED) embellishments to signs are popular and can be aesthetically pleasing. Some examples of neon embellishments on signs include the BJ's, Wahoo Fish Taco, and Elephant Bar restaurants. The current Sign Ordinance requires that these signs be approved by the Design Review Committee. Staff suggests that minor embellishments in neon and LED be approved by the Director of Community Development. Significant use of neon or LED in signs will still be approved by the Design Review Committee (See Page 28 of Attachment G). Planning Commission Comments: The Planning Commission reviewed this issue and recommended that the Design Review Committee continue to be the approval authority for all neon and LED signs. The Commission felt that such signs should be scrutinized more to ensure that there is adequate public noticing, review and monitoring to minimize nuisance to neighbors and potential light pollution from glare. 3. IMPROVE READABILITY, IMPROVE INTERNAL CONSISTENCY AND REMOVE REDUNDANCY Various sections of the Sign Ordinance have been reformatted to improve readability as part of this Sign Ordinance amendment effort. Where possible, tables have been created to simplify data presentation and organization (see Attachment G). Additionally, the Ordinance language has been clarified or removed to enhance readability and remove inconsistencies and redundancy. 4. REMOVAL OF ILLEGAL SIGNS IN THE PUBLIC RIGHT OF WAY Code Enforcement Staff recommends that ne~v provisions be added to the Sign Ordinance to allow removal of unpermitted and/or illegal signs located in the public right-of-way without prior notification (see Page 50 of Attachment G). Sign owners will be notified after sign removal, if their contact information is available. Similar enforcement provisions are found in other cities such as Santa Clara, San Jose, Mountain View and Redwood City. 5. ADDITIONAL CHANGES SUBSEQUENT TO THE PLANNING COMMISSION'S REVIEW The City Attorney has recommended some additional changes to the definition of Temporary Signs and to the Temporary Sign Regulations Chapter (Chapter 17.52) to improve clarity and readability (See Page 34 of Attaclunent G). 14-4 T4CA-2009-O1 Sign Ordinance Amendment October 20, 2009 Page 5 FISCAL' IMPACT It is anticipated that the proposed amendrlents will increase efficiency of review and, therefore, decrease cost for businesses. Staff will track time required for review of sign programs over asix-month period to ensure that the fees cover staff time and report back to the City Council if increases are recommended to the fee schedule. ENCLOSURES Attachment A: Model Ordinance Attachment B: Comments from July 15, 2009 Community meeting Attachment C: Email correspondence from :Mr. Bryan Lanser dated September S, 2009 Attachment D: Email correspondence from City Attorney Carol Korade dated September 9, 2009 Attachment E: Asian American Business Group v. City of Pomona (C.D. California) July 14,1989 Attachment F: Matrix comparing Sign Ordinances of other cities Attachment G: Strike out version of model ordinance Attachment H: Planning Commission Staff Report dated September 22, 2009 Prepared by: Piu Ghosh, Associate Planner Reviewed by: A rivastava ommunity Development Director Approved by: ave Knapp City Manager 14-5 City of Cupertino Draft (Revised 10/15/09) Attachment A ORDINANCE N0.09-20XX AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING TITLE 17, SIGN ORDINANCE, OF THE CUPERTINO MUNICIPAL CODE. THE CUPERTINO CITY COUNCIL DOES HEREBY ORDAIN that the following sections of the Cupertino Municipal Code shall be amended to read as follows: TITLE 17: SIGNS' Chapter 17.04 General Provisions 17.08 Definitions 17.12 Administrative Procedures 17.16 Exempt Signs 17.20 Prohibited Signs 17.24 Sign Regulations 17.32 Temporary Signs-Regulations 17.44 Sign Exceptions 17.52 Compliance and Enforcement * Prior Ordinance History: Ords. 746, 894,1208,1320 and 1414. CHAPTER 17.04: GENERAL PROVISIONS Section 17.04.010 Short title. 17.04.020 Purpose and intent. 17.04.010 Short Title. Chapters 17.04 through 17.54 of this title, shall hereafter be known and cited as the "sign ordinance." (Ord. 1624, (part), 1993) 17.04.020 Purpose and Intent. A. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic appearance of the City. B. A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community. 14-6 City of Cupertino Draft (Revised 10/15/09) C. The City has adopted this title with the intent to: 2 1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping; 2. Provide regulations of sign dimensions and quantity which will allow for good visibility for the public and the needs of the business while providing for the safety of the public by minim;~ing distraction to the motorist and pedestrian; 3. Provide for sign regulations that wil]. be compatible with the building, siting, and the land uses the signs are intended to identify; 4. Provide for maintenance of existing :signs and a program for bringing nonconforming signs into conformance witri the standards of this title as changes are made to the signs or businesses; 5. Provide procedures which will facilii:ate the efficient processing of sign applications; and 6. Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors. (Ord. 1624, (part), 1993; Ord. 1987, (part), 2006) CHAPTER 17.08: DEFINITI~~NS Section 17.08.010 Definitions. 17.08.010 Definitions. "Advertising statuary" means a structure or device of .any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification. "Alteration" means any permanent change to a sign. "Animated sign' means any sign which projects action, motion or the illusion thereof, changes intensity of illumination or ~~hanges colors, including the likes of balloons, banners and flags, and blowing or ~~ir-powered attractions, but excluding electronic readerboard signs and signs that display the current time or temperature. "Architectural projection' means any permanent extension from the structure of a building, including the likes of canopies, aw~ungs and fascia. "Banner" means a temporary display con:;isting of fabric, canvas, plastic or paper material which is attached to a building, vehicle, pole or other form of support. "Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of the sign in a plane perpendicular to the plane of the building wall. "Building frontage" means the length or the surface of the building wall which faces, and is visible to the general public from, a public right-of-way. 14-7 City of Cupertino Draft (Revised 10/15/09) 3 "Changeable copy sign' means any sign, or portion thereof, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs, but excluding electronic readerboard signs and signs which display the current time or temperature. "Change of face" means any changes to the letter style, size, color, background, or message. "Conunercial district" means an area of land designated for commercial use in the current Cupertino General Plan. "Community organization' means a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses located therein. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. "Corner triangle" means atriangular-shaped area of land adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. Unobstructed views over these areas are essential to the public safety for bicyclists, motorists and pedestrians. (See Appendix A-4, Cupertino Standard Detail 7-2; Corner Triangle--Controlled Intersections, and A-5, Cupertino Standard Detail ?-4; Corner Triangle-- Uncontrolled Intersections for details.) "Decorative statuary" means any structure or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Development Identification Sign" means a ground sign at the major entry to a residential development with twenty units or more meant to identify the nanle and address of the development. "Directional sign' means any sign which primarily displays directions to a particular area, location or site. "Director" means the Director of Community Development for the City or any authorized representative thereof. "Directory sign' means any outdoor listing of occupants of a building or group of buildings. "Driveway' means any driveway that provides a business direct access across the subject properties property lines to a public or private street. "Electronic readerboard sign" means an electronic sign intended for aperiodically- changing advertising message. "Flag' means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Flag lot" means a lot having access to a street by means of a driveway or parcel of land not otherwise meeting the requirements of Title 19 of the Cupertino Municipal Code for lot width. "Foot-lambert" means a unit measurement of the brightness of light transmitted through or reflected from an object or surface. ~a-a City of Cupertino Draft (Revised 10/15/09) ,~ "Freeway' means any public roadway s~~ designated by the State of California. "Freeway oriented sign' means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. "Gasoline service station" means any price of business which offers for sale any motor vehicle fuel to the public. "Ground sign' means any sign permanently affixed to the ground and not supported by a building structure. The height of such signs shall be measured from the grade of the adjoining closest sidewalk to the top of the sign including trim. "Identification sign" means any sign wh~~se sole purpose is to display the name of the site and the names of the occupants, their products or their services. "Illegal sign' means any sign or advertising statuary which was not lawfully erected, maintained, or v~Tas not in conformance with the provisions of this title in effect at the tune of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. "Illuminated sign' means any sign utilizing an artificial source of light to enhance its visibility. "Industrial district" means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Informational sign" means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. "Institutional district" means all BQ, PR, FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan. "Interior Iot" means a lot other than a coiner lot. "Landmark sign' means an existing, leg~cl non-conforming ground sign that has a distinctive architectural style. "Nonconforming sign" means any signor advertising statuary that was legally erected and had obtained a valid pernnit in conformance•with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title. "Obsolete sign' means any sign that displays incorrect or misleading information, promotes products or services no longer av~~ilable at that site or identifies departed occupants. "Off-site sign" means any sign not locate~3 on the premises of the business or entity indicated or advertised by the sign. This de=finition shall include billboards, poster panels, painted bulletins and other similar advertising displays. 14-9 City of Cupertino Draft (Revised 10/15/09) 5 "Office district" means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA zone or which are designated for offices on the general plan. "On-site sign' means a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Political sign' means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. "Portable Sign or Display" means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, flower carts, statues, and other similar devices used for advertising as determined by the Director. "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, owners and operators, completion dates, availability and occupants. "Projecting sign" means any sign other than a wall sign that is attached to and projects from a structure or building face or wall. "Promotional Device" means any sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Real estate sign" means a temporary sign ildicating that a particular premises is for sale, lease or rent. "Residential district" means the R1, RHS, R2, R3, R1C, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. "Roof sign" means a sign erected between the lowest and highest poilts of a roof. "Shopping center" means a retail entity encompassing three or more tenants within a single building or group of buildings, but withal which individual business located in defined tenant spaces are owned and managed separately from the shopping center management. "Sidewalk site triangle" is a triangular shaped area described ii Cupertino Standard Detail ?-6. (See Appendix A-6, Cupertilo Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway). "Sign' means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or 14-10 City of Cupertino Draft (Revised 10/15/09) 6 identify the purpose of a person or entity, to communicate information of any kind to the public. "Sign Area" for an individually lettered sign without a background, is measured by enclosing the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix A-2 for exanlples of sign area calculation) The sign area for a sign with borders ar~d/or background is measured by enclosing the exterior limits of the border or background with a single continuous perimeter. The necessary supports, uprights, and/ or the base on which such sign is placed, shall be excluded from the sign area. When a sign is separated by thirty-six vlches or more, the area of each part may be computed separately. "Site" means a piece of land as shown ors a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event" means a temporary promotional event including, but not limited to, a special sale on merchandise or services, oi• grand openings. "Special Event Banner" means any temp~~rary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or simil~ir materials which will withstand exposure to weld and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property oti~ner, the street name. "Street frontage" means the length of a site along or fronting on a public or private street, driveway or other principal thorougr~fare, but does not include such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. "Temporary Sign" means any sign, displ~~y, banner or promotional device which is designed or intended to be displayed only d.urulg the allowable business hours or for short periods of time as specified by the Director of Community Development. "Trim' means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to the sign. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and ~~hich appears as the letter V when viewed directly from above. "Vehicle sign" means a sign painted on o:r attached to an operable or movable vehicle; u1 the case of motor vehicles, "opera.ble" shall be defined as having a valid license plate. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, o:r the exterior wall of a building with the exposed face of the sign parallel to the wall. 14-11 City of Cupertino Draft (Revised 10/15/09) 7 "Window sign" means any sign displayed in or painted on a window facing a public street, parking lot, pedestrian plaza or walkway accessible to the public. Displayed in means a sign that is clearly intended to be visible from an adjacent street. (Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) CHAPTER 17.12: ADMINISTRATIVE PROCEDURES Section 17.12.010 Conformity with provisions required. 17.12.020 Permit-Required. 17.12.030 Signs requiring Planning Commission review. 17.12.040 Application-Form and contents. 17.12.060 Application-Review criteria. 17.12.070 Sign modification-Authority. 17.12.080 Permit-Issuance by Building Division-Installation information. 17.12.090 Appeals and exceptions. 17.12.100 Inspection requirements. 17.12.110 Sununary of application approval process. 17.12.120 Revocation of sign approval-Authority. 17.12.130 Grounds for revocation. 17.12.140 Hearings-Notice. 17.12.010 Conformity with Provisions Required. It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless made to comply with the provisions of this title. (Ord. 1624, (part), 1993) 17.12.020 Permit-Required. All signs which are not exempted by Chapter 17.16 require a sign permit to be approved by the Director. The Director shall review and submit to the applicant a decision within thirty calendar days from receiving an application for a sign. (Ord. 1624, (part), 1993) 17.12.030 Signs Requiring Planning Commission Review. Electronic readerboard signs and freeway oriented signs shall require approval from the Planning Commission prior to the Director issuing a sign permit. In regard to these signs only, the Planning Commission's decision is final unless appealed in accordance with Section 17.44.080. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 14 - 12 City of Cupertino Draft (Revised 10/15/09) g 17.12.040 Application-Form and Contents. An application for sign approval shall be made on a form specifying type, number of exhibits and filing fees by the Director and :;hall be signed by the property owner or a duly authorized agent. The application shall contain information regarding the size, color and samples, illumination intensity ar~d type, materials, number, location, type of signs, and the location of the business on th~~ site and any other additional information as may be deemed necessary by the Directo c. (Ord. 1624, (part), 1993) (Ord. 1624, (part), 1993) 17.12.060 Application-Review Criteria. The Director, Design Review Committee or the Planning Commission, as the case may be, shall review the sign application to ensure: A. That the proposed sign meets the requirements of this title or any special conditions imposed in the development by i:he Plaruzing Commission or City Council; B. That the proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets;. and C. That the sign is in conformance with the Design Criteria in Section 17.24.180 of this Title. (Ord. 1987, (part), 2006; Ord. 1624, (part), 19'93) 17.12.070 Sign Modification-Authority. The Director, Design Review Comnttee ~~r Plaruiing Commission, as the case may be, shall have authority to require modification of the sign to ensure that it meets the criteria stated in Section 17.12.060. (Ord. 1987, (part), 2006; Ord. 1624, (part),19!~3)' 17.12.080 Permit-Issuance by Building Division-Installation information. Upon approval by the Director, Design Review Committee or Planning Conunission, as the case may be, the applicant shall obtain a building permit. Additional information related to the building code may be required. by the Building Official concerning the installation of the sign. (Ord. 1987, (part), 2006; Ord. 1624, (part),19~~3) 17.12.090 Appeals and Exceptions. Applicants ~vho wish to appeal a decision of the Director, the Design Review Comnuttee or the Planning Commission, or i:hose who wish to apply for an exception, shall do so under the provisions of Chapters 17.44 and 17.52 of this title. (Ord. 1987, (part), 2006; Ord. 1624, (part),19~~3) 14 - 13 City of Cupertino Draft (Revised 10/15/09) 9 17.12.100 Inspection Requirements. A. A person erecting, altering or relocating a sign shall notify the Director upon completion of the work for which permits have been issued to ensure that the sign has been installed as specified. B. The Building Inspector or Planner shall have the authority to review the light intensity of all illuminated signs with the po~~er to require reduction of the light intensity to ensure that the sign s illumination does not exceed the illumination standards as regulated by Section 17.24.190. (Ord. 1624, (part), 1993) 17.12.110 Summary of Application Approval Process. Appendix A-1, Sign Application Approval Process Flow Chart summarizes the application approval process. (Ord. 1624, (part), 1993) 17.12.120 Revocation of Sign Approval. A. The decision making body that originally approved the sign being considered for revocation shall have the authority to revoke it on the basis of one or more the following grounds: 1. Fraud or misrepresentation by the applicant with respect to any information contailed in his or her approved application or with respect to any other information provided by the city. 2. Failure of the applicant to meet or abide by any condition imposed upon approval. 3. Failure of the applicant to utilize tlne approval within one year of its issuance. 4. Abandonment of the sign for a period of thirty days. (Ord. 1624, (part), 1993) B. Written notification shall be provided to the applicant of a sign approval being considered for revocation prior to holding a public hearing (Ord. 1624, (part), 1993) CHAPTER 17.16: EXEMPT SIGNS Section 17.16.010 Certain signs exempt from permit requirements. 17.16.010 Certain Signs Exempt from Permit Requirements. The followilg signs do not require a permit from the City, providu1g they comply with the following regulations: A. Directory Signs. Directories located within the interior of a project which are not oriented to a public street; 14 - 14 City of Cupertino Draft (Revised 10/15/09) 10 B. Garage Sale Signs. Garage sale signs subject to the limitations in Section 17.32.030 and Chapter 5.16 of this code; C. Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; D. Identification Signs. Identification ~~igns for a business or profession which are not illuminated, and which are less than tw~~ square feet in area, located on portions of a building, shopping mall or office complex; E. Information Signs. Informational or directional signs which are located entirely, on the property to which they pertain and are less than four square feet in area. No more than 33% of the sign area of each sign can be devoted toward business identification of the business located on the property; F. Temporary Political Signs. Temporary political signs subject to the limitations in Section 17.32.040; G. Public Notices. Public notices or posters as legally required by a government agency; H. Residential Real Estate Signs. Real Estate for sale/for lease/for rent signs, subject to the limitations in Section 17.32.06CI; I. Sale, Rent or Leasing Signs. Sale, rent or leasing signs subject to the limitations in Section 17.32.070; J. Street Address Numbers. Address n~zrrtbers in all districts, providing they are not meant as an advertising mechanism; K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religious orders or historical agencies, provided that such signs are placed on or cut into the structure are not internally illuminated, and do not exceed nvle square feet in area; L. Window Signs. Window signs subject to the limitations in Sections 17.24.090 and 17.32.100. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations; M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus shelters; N. Civic Event Signs. Civic and/or Cit•~-sponsored events signs on City property; O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including state lottery and certified smog station signs; P. Pedestrian Oriented Blade Signs. Bl<<de signs that are not internally illuminated. Such signs shall be less than 6.5 square feet in area and installed at a height between eight feet and twelve feet above pedestrian walkways. (Ord. 1987, (part), 2006; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993) 14 - 15 City of Cupertino Draft (Revised 10/15/09) 11 CHAPTER 17.20: PROHIBITED SIGNS Section 17.20.010 Prohibited signs designated. 17.20.010 Prohibited Signs Designated. The following signs are not permitted in the City: A. Advertising Statuary; B. Animated Signs. Animated signs except for banners, flags, pennants and balloons permitted on a temporary basis as regulated in Chapter 17.32, and electronic readerboard signs as permitted in Section 17.24.080; C. Audible Signs. Advertising displays which emit audible sound, odor or visible matter; D. Off-site Signs. Any off-site sign except as may be permitted in Chapter 17.32; E. Portable Signs. Portable signs except as may be permitted in Chapter 17.32; F. Roof Signs. Any permanent roof sign; G. Traffic Conflict Signs. Signs which because of color, wording, design, location or illumination resemble or conflict with any traffic-control device or with the safe and efficient flow of traffic; H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private property which is visible fiom a public right-of-way, which has affixed to it a sign which is intended to attract or direct customers to a business on or near the property is prohibited. This subsection is not intended to apply to standard advertising or identification practices where such advertising displays are painted on or permanently attached to a business or conunercial vehicle which is actively being used by the business unless the vehicle is in violation of the parkv.Zg ordinance (Chapter 19.100 of the Cupertuzo Municipal Code). (Ord. 1624, (part), 1993) CHAPTER 17.24: SIGN REGULATIONS Section 17.24.010 Intent and applicability of provisions. 17.24.020 Sign program 17.24.040 Signs in special planning districts. 17.24.050 Wall signs 17.24.060 Permanent window signs, Blade signs & Logos, symbols or insignias 17.24.070 Ground signs 17.24.080 Gasoline station signs ~a - ~s City of Cupertino Draft (Revised 10/15/09) 12 17.24.090 Electronic readerboard sign,, Changeable copy signs, Neon & light- emitting diode (LED) signs, Decorative statuary & Beverage container recycling signs 17.24.100 Signs in or near residential districts 17.24.120 Landmark Signs 17.24.170 Freeway orientation. 17.24.180 Design criteria. 17.24.190 Illumination restrictions. 17.24.210 Obstructions prohibited. 17.24.250 Construction and maintenance specifications. 17.24.260 Summary of regulations for signs according to districts. 17.24.010 Intent and Applicability of Provisio~ls. The regulations in this chapter are intended to govern the number, size, location ,and design of signs within various land use districts of the City. (Ord. 1624, (part), 1993) 17.24.020 Sib Program. A. Applicability. 1. All developments in << commercial, office, industrial, institutional, or residential district, ~Tith four or more ten,~nt spaces on the same parcel, shall adopt a comprehensive sign program to encourage creativity and ensure high quality in the design and display of multiple permanent. 2. The adoption of a sign program shell be required at the time of the initial construction of a new project. Existing developments in the City which do not have a comprehensive sign program shall be required to adopt one when the first tenant in the project requests a change of face as defined in this title. Thereafter, all subsequent changes of face in the project shall be required to conform to the adopted program. B. Application Requirements. On any commercial, office or industrial site, or building requiring a sign program, the ownE~r shall submit to the Director a sign program application containing the following: 1. An accurate plot plan of the site :showing the location of buildings, parking lots, driveways, and landscaped ~ireas on the lot, at such scale as the Director may reasonably require; 2. Computation of the proposed m~ucimum total sign area, the proposed maximum area of individual signs, allowed .maximum total sign area, allowed maximum are of individual signs, the height of signs and the number of freestanding signs; and 3. Specifications with regard to: a. Sign type (individual channel letters, wood signs, etc.); 14 -17 City of Cupertino Draft (Revised 10/15/09) 13 b. Lighting; , c. Location of each sign on the buildings; d. Materials; e. Sign proportions; f. Any other pertinent information as required by the Director. C. Findings. The Director of Conununity Development may approve a Sign Program if the following findings are made: 1. The Sign Program complies with the purpose of this Chapter; 2. Proposed signs are creative, and are in harmony with the structures they identify, other signage on the site, and the surrounding development; 3. The Sign Program contains provisions to accommodate future revisions that may be required because of changes i1 use or tenants. D. Minor modifications to the requirements of this Chapter may be permitted, provided that the proposed Sign Program satisfies the following criteria in addition to 17.24.020C: 1. Special circumstances, unique to the site and building locations, exist that require a modification from the standards in this Chapter 2. Demonstrates unique design and exhibits a high degree of imagination, inventiveness, spirit, and thoughtfulness 3. Provides high quality graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture (Ord. 1624, (part), 1993) 17.24.040 Signs in Special Planning Districts. Any business regulated by the Monta Vista Design Guidelines, Heart of the City Specific Plan or any area regulated by a specific plan shall be subject to the sign regulations contained within those plans. For all sign regulations not addressed in the Special Planning District plans, the requirements of this chapter will apply. (Ord. 1624, (part), 1993) 17.24.050 -Wall Signs. Table 17.24.050 sets forth the rules, regulations and processing applicable to wall signs. 17.24.060 -Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. Table 17:24.060 sets forth the rules, regulations and processilg applicable to Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. 17.24.070 -Ground Signs. 14 - 18 City of Cupertino Draft (Revised 10/15/09) 14 Table 17.24.070 sets forth the rules, regulati~~ns and processing applicable to Ground Signs. 17.24.080 -Gasoline Station Signs. Table 17.24.080 sets forth the rules, regulati~~ns and processing applicable to Gasoline Station Signs. 17.24.090 -Electronic Readerboard Signs, ('hangeable Copy Signs, Neon & Light- emitting Diode (LED) Signs, Decorative Statuary and Beverage Container Recycling Signs. Table 17.24.090 sets forth the rules, regulations and processing applicable to Electronic Readerboard Signs, Changeable Copy Signs, Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. 17.24.100 -Signs in and near Residential Districts. Table 17.24.100 sets forth the rules, regulations and processing applicable to Signs in and near Residential Districts. 17.24.110 -Freeway Orientation. Table 17.24.110 sets forth the rules, regulations and processing applicable to Freeway Orientation of Signs. 14 - 19 City of Cupertino Draft (Revised 10/15/09) Table 17.24.050: Wall Signs 15 Use/ b N Size L i Review Review Zoning er um Allowed Area & Maximum ocat on Authority Criteria Len th Area • One sign per business with • 1 s.f. per linear ft of • No more than one wall sign per fiontage exterior frontage store frontage on which sign is located. • One additional for: • 70% of store • Shall not project above the roof of the -Businesses with no ground fiontage roof or top of parapet, unless it is an sign and adjacent to more integral part of the face of an architectural than one sheet or shopping projection. center driveway. - Sign directed to interior of • Length= total Meets project and not visible from combined length of Design Commercial any public right-of-way. each row of copy 200 s.f. CDD Criteria & Industrial - Single tenant building pad • Miniinuin area = 20 • No projecting wall sign shall extend into ii with more than 5,000 s.f. s.f. a public right-of-way more than l-welve Section inches. Any projecting sign shall have a 17.24.180 vertical clearance of at least fifteen feet Wall above a private or public vehicular Signs roadway, alley, driveway or parking area, and at least eight feet above a sidewalk, pedestrian mall or landscaped area. • One sign per business with • 1 s.f. per linear ft of exterior frontage business frontage on which sign is located. • One additional for: • 70`% of business Snge as above Office & -Businesses with no ground frontage Same as Institutional sign and adjacent to more 40 s.f. CDD above than one street or major shopping center driveway. - Sign directed to interior of • Length =total project and not visible from combined length of ? an ublic ri ht-of-wa each row of co CDD - Corrununity Development Director; PC - Plaruning Connmission; DRC -Design Review Committee; s.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/15/09) Table 17.24.060: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias 16 Size Use/ Zoning Number Allowed Area Location Review Authority Review Criteria & Len th Maximum Area • Considered • 25% of window A. part of wall surface of pane Permanent i d All One or more sign area. storefront" bay. Perimeter neon window signage CDD Meets Design Criteria in W n ow Signs ~~ ,~ One OPEN i l h 'Neon window not allowed. Section 17.24.180 s gn ess t an two s.f. exempt sign = 4 s.f. All except One on each Between 8 ft and Illuminated -CDD Shall be pedestrian B. Blade residential frontage up to a 12 ft above Not illuminated -Exempt oriented only and shall Si s ~ districts maximum of two. 6.5 ft pedestrian meet Design Review walkways. Criteria u1 Section 17.24.180 C. Logos, Shall meet Design Review Symbols All except Same as Section q ~ f Same as Section Illuminated -CDD Criteria in Section ur I residentiai 1 14.L4.U5U. I " " 17.24.050 Not i11u1Tllltated -Exempt 17.24.180 and restrictions Insignia districts I 1 I I in Section 17 24100 I CDD -Community Development Director; PC -Planning Conunission; DRC -Design Review Committee; s.f. =square feet; ft =feet A N City of Cupertino Draft (Revised 10/15/09) Table 17.24.070: Ground Signs 17 Use/ N b - Size Review Review Zoning um er Allowed Area Maximum Height Location Authority Criteria & Len th • Shopping Center or rnultitenant • One sign if • One s.f. per • Corner property: Sign has to be located on commercial minimum 100 ft four linear ft of • Eight ft. sheet frontage with the site's address. development street frontage street frontage with a center name shall emphasize that name • Two signs if 500 • Maximum • Eveiy ground sign shall be located wholly • Shall meet Design Criteria ft sheet frontage Area =100 s.f. on the property for the use wltich the sign is in Section advertising is located on. 17.24.180 • V-shaped 'Street address and signs with numbers or range All non- more than two of numbers for businesses shall be • No portion of any ground sign shall be Ground residential faces: Area of clearly identified located closer than one foot hom the public CDD Sign areas all faces of sign in numbers not right-of-way. = Total Sign less than 5 inches Area. in height. • Double faced • No portion of any sign over three feet in signs: Area of height shall be located within a corner larger face of triangle or sidewalk site triangle. (See sign =Total Appendix A-4, A-5 & A-6) Sign Area. • Maximum • Signs on interior lots < 200 ft of fiontage number of shall be located within the center 50% of the tenants on sign lot frontage. Interior lots > 200 ft of frontage shall locate ground signs no closer than 50 ft =six from a side property line. (See Appendix A-7) A • No ground sign shall be located closer than ~ one hundred feet from any other ground sign on the same property. CDD -Community Development Director; PC - Plaruling Corrunission; DRC -Design Review Conuiuttee; s.f. =square feet; ft =feet City of Cupertino Oraft (Revised 10/15/09) Table 17.24.080: Gasoline Station Signs 18 Type of Sign Number Size, Maximum Area Location Review Review Criteria and Allowable Area Authority A. Wall Sign Saute as Section 17.24.050 Same as Section 17.24.050 Same as Section 17.24.050 CDD Meets Design Criteria in Section 17.24.180 B. Ground Si n 1 ground sign regardless of fronta e Same as Section 17.24.070 Same as Section 17 24 070 CDD Meets Design Criteria in Section 17.24.180 g g . . C. Fuel Price Fuel price sign to be incorporated into the design of Computes toward Allowable Ground Sign See above CDD • Is incorporated into the design of the Ground Sign the ground sign Area round si g ~ • Letter size of price display on fuel price sign shall not exceed nunimmn specifications contained in Section 13532 of the California Business and Professions Code • Meets Design Criteria in Section 17.24.180 If service station is not identified on ground sign, in Number of product prices Attached to the wall D. Fuel Price Wall Sign addition to any wall sign allowed to the service station on fuel price sign not to of the building facing the public CDD Same as above per Section 17.24.050, a second exceed eight per face. sheet fuel price sign is allowed. CDD - Conunuiuty Development Director; PC - Plaiuling Conunission; DRC -Design Review Comnuttee City of Cupertino Draft (Revised 10/15/09) 19 Table 17.24.090: Electronic Readerboard Signs, Changeable Copy Signs, Neon &Light-Emitting Diode (LED) Signs, Decorative Statuary & Beverage Container Recycling Signs Use/ Size & Zonin Number Hei ht .Location Review Authori Review Criteria One sign for • No closer than 500 ft A. Electronic centers with 20 Same as from. any residential Background of electronic readerboard will be the Readerboard Commercial tenants or more Section district on the same PC same color as the primary background. If not Signs & 50,000 s.f. of 17.24.070 street as the sign. practical, then a color that is complimentary to gross floor area .Same as Section the back ground color shall be used. 17.24.070 Included in B, total Deemed necessary to the type of merchandising Changeable Commercial allowable CDD of that business. Shall consist of permanent sign Copy Signs wall sign and symbols or letters made of high quality & area. durable materials. C. Neon & DRC Shall meet Illumination Reshictions in Section Light- 17.24.190 emitting All Diode (LED) si s • If Decorative In conjunction with the overall architectural Statuary -DRC design of the building, the landscaping scheme D. All except • If DRC determines and the sign program for the business. Decorative residential it is Fine Art, it may Statuary districts refer to another corrunission • If not publicly visible, then exem t Wall signs - as • Dealer subject to provisions of Califonia E. Beverage allowed by Beverage Container Recycling and Litter Container Section 17.24.050 Reduction Act of 1986. Recycling Ground signs - as allowed by Where Section 17.24.070 10 s.f. allowed • Sign should contain information concerning a One building certified recycling center as described in Sections mounted sign 14570 & 14571 of Public Resources Code. A N • Certified Redemption Center sign -subject to A limitations and review procedure of zoiing district where it is located. ~'DD - Conununity Development Director; PC - Plaruling Commission; DRC -Design Review Committee; S.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/15/09) Table 17.24.100: Signs in and near Residential Districts 20 Z i Number Size Location Revie ~ Review Criteria o n g Area Height Authori • Wall Sign - • Wall Sign - No internally illuminated • Wall Sign -Same as Same as Section Same as Section sign permitted within 100 ft A. Signs near Section 17.24.050 17.24 050 17 24 050 hom any residential Shall meet design Residential Districts . All .Ground Sign -Same as . Ground Sign - . . • Ground Sign - districts except- if the sign CDD criteria specified in Section 17.24.070 Same as Section Same as Section face is mounted so it is not Section 17.24.180 17.24.070 17.24.070 visible to any residence within 100 ft of the si B. Narne plates, streets or Unit Residential One or more 2 s.f. or less CDD numbers One sign for interior lot • If one sign allowed at • Shall contain only Residential . Two signs for corner 32 s.f. 5 ft , CDD name and address C. Development development major entry. of development. Identification Signs • If two allowed, one on • Shall meet design each street front. criteria specified in Sp~~;~„ ~ ~ ~a ~ stn CDD - Conununity Development Director; PC - Plaruling Commission; DRC -Design Review Comnuttee; S.f. =square feet; ft =feet Table 17.24.110: Freeway Orientation Areas Number Si i Size Location A roval Authori Review Criteria • Oriented to regular street • Applies to all signs within 660 ft of 1 per business/ system adjoining l-he propery "landscaped freeway" measured from edge of Commercial, tenant in a building rather than exclusively visible right-of-way A. Wall Signs Indusrial & occupied by two or See Section Building from the freeway -CDD Office more tenants. 17.24.050 mounted • Freeway Orientation - PC • Signs not exempted or excluded by Section Maximum two. 5272 of the Slate of California Business and Professions Code shall be regulated by the "Advertisers" cha ter of that code. C. On-site Commercial, Industrial & Subject t-o Section Subject to Section Building Limited tune period subject to Subject to Section 17 32 030 tent ora si ns Office 17.32.030 17,32.030 mounted Section 17.32.030 -CDD . . Commercial, B. Fre standing Industrial & Not Allowed Si ns+ Office PC =Planning Commssion City of Cupertino Draft (Revised 10/15/09) 17.24.120 Landmark Signs. 21 Existing ground signs that have been designated by the City as Landmark Signs (see Appendix A-8: Landmark Signs) are exempt from the Nonconforming Sign regulations in Section 17.52.020. A. Such signs may be structurally reinforced or rebuilt after damage or destruction to its original design and specifications. B. Minor modifications to such signs may be allowed such that they do not distract from or alter the unique architectural style of the sign, with a Director's Minor Modification. 17.24.180 Design Criteria. Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs. A. Ground signs shall be either housed in a frame or set onto a base, presenting a solid, attractive, well proportioned and balanced appearance. The size and shape of the frame or base shall be proportionate to the size and weight of the sign. Low signs are generally more appropriate on a base, whereas taller signs are generally more appropriate in a frame. (See Appendix A-3, Examples of Well Proportioned Signs, Examples of Signs Not Well Proportioned, on file in the City Clerk and the Planning Department, for examples.) B. Ground signs shall be located within a landscaped area proportionate to the size of the sign. Appropriate landscaping should be placed at the base of the sign. C. All signs shall be architecturally compatible and in harmony with to the building with which it is principally associated, by incorporating its colors, materials, shape and design. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood. D. Background panels for multi-tenant ground signs should be consistent harmonious in muted colors. E. Sign copy shall be simple and concise, without excessive description of services or products. F. Internally illuminated signs shall not have a directly visible light source. G. The sighs color and illumination shall not produce distraction to motorists or nearby residents. (Ord. 1624, (part), 1993) 17.24.190 Illumination Restrictions. A. The intensity of illumination for signs located within the commercial, office and industrial districts shall not exceed approximately two hundred fifty foot-lamberts. All other districts shall not exceed approximately one hundred foot-lamberts. The foot- 14-26 City of Cupertino Draft (Revised 10/15/09) 22 lambert readings shall be used as a guide by staff to evaluate signs which are deemed to be a problem to passing motorists or reside~lts in the surrounding neighborhood. B. The color and thickness of the sign I~anels as well as the brightness of the bulbs used to illuminate the sign shall be designed in such a manner as to avoid excessive illumination and glare. C. Illuminated signs which are not a nE~cessary part of the security lighting system for a business shall be turned off at 11:00 p.~n. or within two hours after the business is closed, whichever is the later time. D. All exterior lighting shall be placed in a manner so that the light source v~~ill not be seen from off the site. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.24.250 Construction and Maintenance Specifications. A. All signs shall conform to the building and weld load requirements of the Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the Cupertino Municipal Code. B. All signs with internal illumination shall be constructed of noncombustible materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or other similar institution of recognized standing, and be maintained in satisfactory condition or be immediately repaired or replaced. C. All electrical, gas or other utility ser.~ice and other pertinent fixtures shall be placed underground. D. Guy wires or cable supports used to brace the sign shall not be visible to the observer. E. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind causing wear on supporting members. F. All signs shall be maintained in safe, unbroken, and structurally sound manner, including the replacement or repair of any defective parts, painting, cleaning and any other ~~ork necessary to maintain the sign acid any landscape planter associated with the sign. (Ord. 1624, (part), 1993) CHAPTER 17.32: TEMPOR~~RY SIGNS-- REGULATIONS Section 17.32.010 Temporary signs-Location. 17.32.020 Flags. 17.32.030 Garage sale signs. 14 - 27 City of Cupertino Draft (Revised 10/15/09) 23 17.32.040 Temporary political signs. 17.32.050 Project announcement signs. 17.32.060 Residential real estate signs. 17.32.070 Sale, rent or leasing signs. 17.32.080 Subdivision directional signs. 17.32.090 Special event banners, promotional devices and portable signs and displays. 17.32.100 Window signs. 17.32.010 Temporary Signs-Location. A. No person shall paint, mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any public property, sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing, pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or upon a lighting system, public bridge, drinking fountain, street sign, traffic sign, traffic control pole or cabinet, utility transformer vaults, or any other building, structure or device permanently affixed on public property. . B. No temporary sign shall be placed, posted or otherwise affixed in the public right-of-way, except as provided in this section. The public right-of-way generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property. Temporary signs may only be located in the public right-of-way of a residential or institutional district, as defined in this Title. C. Unless otherwise provided for in this chapter, all temporary signs, v~~hether or not located in the public right-of-way: 1. Shall not be located on the street or on street medians. 2. Shall be no larger than four square feet of sign area per sign side with no more than two sides per sign. 3. Shall be no more than~three feet tall measured from the grade of the sidewalk or adjacent ground level. 4. Shall have a maximum length of any part of the sign of three feet. 5. Shall not be illuminated. 6. Shall not be located on private property without the oral or written consent of the owner or other person entitled to possession of said property. 7. Shall maintain at least 36 inches of clear and continuous width along a sidewalk or pathway plus any other area needed for handicapped accessibility. 14-28 City of Cupertino Draft (Revised 10/15/09) 24 8. Shall not restrict in any way the safe ~~ision of any vehicular or pedestrian traffic or obstruct any directional or safety sign or other sign permitted by the City. 9. All parts of the sign shall be set back ;~ ninimuin of eighteen inches from the face of the curb or from the edge of the street, bi~~ycle or vehicle travel lane, whichever is the greatest distance from the edge of the street, bicycle or vehicle travel lane. 10. Temporary signs in the public right-of-way other than political signs shall be removed by sunset. D. Persons who place temporary signs in public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs. E. The provisions of Section 17.32.OIOB, C and D shall not be applicable to the following: 1. The maintenance of signs affixed or _painted upon public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3. The maintenance of banners affixed `o the top of the city-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of banners affixed i:o the top of tlne city-owned light poles located over Stevens Creek and De Anza Boulevards; and 5. Tlne maintenance of hazard markers or emergency signs. (Ord. 1926, ~ 1 (part), 2004; Ord. 1796, (part),, 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) . Section 17.32.020 -Flags, Garage Sales, Temporary Political Signs and Subdivision Signs Table 17.32.020 sets forth the rules, regulaticns and processing applicable to Flags, Garage Sales, Temporary Political Signs and Subdivision Signs. Section 17.32.030 -Real Estate Signs and Project Announcement Signs Table 17.32.030 sets forth the rules, regulations and processing applicable to Residential and Non-residential Real Estate Signs and Project Announcement Signs. 14-29 City of Cupertino Draft (Revised 10/15/09) Table 17.32.020: Flags, Garage Sales, Temporary Political Signs and Subdivision Signs 25 Use/ N b Size Information Zoning um er Maxitnum Maximum Time Period Contained Review Criteria Area Hei ht • Two weeks for Number No more each special subject to than 20 ft event • Meets Requirements with regard to Special Commercial approval by N/A above .Shall be N/A Event Banners, Promotional Devices, Portable CDD ground removed within Signs and Displays A. Flags 5 days after the s ecial event Two flag poles 4 s.f. Residential for each model No more Same as One year N/A N/A home of a new than 2 above deveho ment sides B. Garage Residential One on-site 8 s.f. 6 ft Length of sale N/A • Must be a bonafide garage sale activity as Sales Three off-site defined in Cha ter 5.16 of Munici al Code • No permit required. • Subject to requirements of Section 17.32.010 A, • Unti15 days Band C. C. 4 s.f. after election. Temporary No more • If not removed Political All No limit than 2 N/A within time limit, N/A Signs sides City may remove • If the Director of Public Works finds that a sign signs subject to otherwise permitted, is an immediate peril or Chapter 17.52. menace to pedestrian or vehicle traffic, he or she may cause it to be removed summarily pursuant to Section 17.52.040C • One year or Direct • Shall meet requirements of Section 17.32.010 D until all units are customers • Application shall include a list- of all other such Subdivision Non- Three 32 s.E. per 6 ft sold, whichever along the most signs including sign area and street location. Si is ~ residential face. is sooner. direct route • Subdivisions not in Cupertino shahl not be • l;xtensions through the permitted such signs. may be granted. city. • "V" sha ed si s rohibited. CDD =Community Development Director; S.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/15/09) Table 17.32.030: Residential Real Estate, Non-residential Real Estate and Project Announcement Signs 26 Size N b um er Maximum Maximum Time Period Information Contained Review Criteria Area Hei ht • One freestanding sign per street Iront--age. Two 4 s.f. 6 ft Length of sale N/A • Subject to requirements of si s maximum.. Section 17.32.010 A. Residential • One building mounted baiuier 4 s.f. N/A See above N/A N/A Real Estate . • One offsite for sale/rent si 4 s.f. 6 ft Remove at sunset N/A • Subject to requirements of Section 17.32.010 • Six offsite open house i N/A N/A Remove at sunset • Subject to requirements of s is N/A Section 17.32.010 • Length of sale. • May be • Name of real estate agent • No more than two faces. "V" • One freestanding si~1 ., .. 32 s.f. ner . //~~ y tt ins~"~I1F~1 ,n, r~ _ _. _,r __ nT n~nninr ar~r~rnec „~,r.+,.. .._ .... _...., .......... .....,, t.. .... .... .,,1.:t..:a..r1 ~?,...,.,i. ~i~.iv p: vluUllC U. lV1U~' 1lVL per sheet front-age. face. V thirty days prior number and other pertinent reasonably obstruct visibility of to any tenant information. any permanent ground sign. vacanc B. Non- • One building Same as ~ • Allowed only if no freestanding residential Real Estate mounted banner er p eleval"ion facing an 64 s.f. freestanding Same as freestandin si n Same as freestanding sign sign placed along"that sheet h m L ' sign g g o age. ocation shall meet ad acent ublic street. re uirements of Section 17.24.050 • One offsite sign per • On private property with street frontage. 32 s.f. per Same as Same as approval and consent of property • Maximum of two face. freestanding freestanding sign Same as heestanding sign owner on whose property sign is signs per off-site parcel. sign to be located. Shall meet re uirements of Section 17.32.010 One year or until Names of project and owner, C. Project • Two freestanding all unts are sold, contact information, • New projects under Announcement signs or banners Combined 6 ft whichever is leasin sale information, g/ construction, includin Sill A maxiinuin area: 64 s.f. sooner. Extensions may dates of anticipated l subdivisions of 5 or snore units. comp etion and a list of be granted. conhaclors involved. S.f. =square feet; ft = Eeet City of Cupertino Draft (Revised 10/ 15/ 09) 27 17.32.090 Special Event Banners, Promotional Devices, and Portable Signs and Displays. A. General Authorization. Special event banners, promotional devices, and portable signs and displays are permitted in all commercial, industrial, office and institutional zoning districts subject to the issuance of a permit by the Director which conforms to the provisions of this section. B. Public objectives. 1. Enhance pedestrian experience, activity and convenience. 2. Maintain the economic stability of the City by enhancing vitality of business. 3. Provide attractive, effective and visible identification reflecting the individual character of the business. C. Special event banners. The Director may issue a permit for a Special Event Banner for each business within the above-described zoning districts under the following provisions: 1. The banner shall only be displayed for a maximum of 120 days within a 360-day period. 2. The banner shall be building mounted and have only one face not exceeding one hundred square feet in area. 3. The banner shall be placed on a building in accordance with the limitations specified in Section 17.24.050 of this title related to building clearance and roofline levels. 4. Unless otherwise determined by the Director, the display of the banner shall be subject to the tenant schedule for shoppilg centers as provided in Subsection 17.32.090E. D. Promotional devices. In addition to special event banners described in division C. above, the Director may issue a permit for a promotional device for each business within the above-described zoning districts under the following provisions: 1. For advertising a special event for an existing busiless, promotional devices may be displayed for a maximum three-day period, four times witlvn a calendar year. 2. For conducting a grand opening of a new business, promotional devices (other than search lights, hot air balloons or other extremely large devices as determined by the Director) may be displayed during the first year of a new business's operations for the sole purpose of announcing the grand opening of that business. 3. The device shall not displace parking or be located i1 a landscaped front set back area. 4. The device shall be compatible with adjoining uses, particularly residential uses. 5. Tethered balloons used for promotional purposes may not exceed twenty-five feet above the building where the special event or grand opening is occurring. 14-32 City of Cupertino Draft (Revised 10/15/09) 28 6. Unless otherwise determined by the Director, the display of the device shall be subject to the tenant schedule for shopping centers as provided in Subsection 17.32.090E. 7. Subject to the approval of the Direct~~r and the Public Works Department, a promotional device may be located within the public right of way based upon the degree of impact the device will have on traffic circulation as well as upon the enviroiunent of the surrounding uses. 8. Subject to the approval of the Director and the Public Works Department, traffic/parking directional signs may be usE~d in conjunction with a promotional device during the period of the special event or gr~~nd opening. The number and placement of traffic/parking directional signs may be restricted by the Director or the Public Works Department in order to insure adequate sight distances and traffic safety clearance are maintained as required in Section 17.32.010. E. Tenant schedule -Shopping centers with approved electronic readerboard signs shall only be allowed building mounted barmers. Freestanding temporary or special event signs for individual tenants are not allowed. Special event signs for center-vide special events are allowed in accordance with the following schedule: Number of Tenants Number of Signs Permitted 20 to 27 tenants --2 center displays 28 tenants or more --4 center displays F. Portable signs and displays. In addition to special event banners and promotional devices described in divisions ~:. and D. above, the Director may issue a permit for a portable sign or display for eac]z business location ~nTithin the above described zoning districts under the following provisions: 1. Portable signs and displays may not be located in areas, either on public or private property, which are used by the pul-~lic for vehicular or pedestrian traffic or in other areas, which in the opinion of the DirE~ctor, are a threat to the public health, safety or welfare. 2. Portable signs and displays shall not be permanently attached to the ground or a structure on the premises it is intended to ocxupy and shall only be displayed during business hours. 3. Design review criteria. Portable signs and displays shall be appropriately designed, installed and maintained with spE~cial emphasis on the creative design, character and quality of color and material (vibrant and weather resistant). They shall be complementary to the building arclutecizue and the operation of the business area and shall enhance the overall appearance ar.d texture of the pedestrian shopping experience. 14-33 City of Cupertino Draft (Revised 10/15/09) 4. Specific standards. 29 Maximum Size 8 s.f Minimum Hei ht 3 ft Maximum Hei ht 4 ft Maximum width 2 ft Min. setback from street curb 2 ft Dis la Hours Business hours onl Min. edestrian walkwa 5 ft Distance from: Bus sto zones and/or bus sto furniture 15 ft Disable arkinQ zone 4 ft Must not be: 1. Set in ound 2. Attached to trees, lamp posts, utility poles, street or traffic si , benches, h drants, or mailboxes 3. Illuminated 4. Located in an re uired landsca e setback area S.f. =square feet; ft =feet 5. Modification of specific standards. The Director may modify the specific standards described in division 4. above upon making a findu1g that special circumstances unique to the site require the application of a modified standard. G. Retail tenants larger than 20,000 square feet may be allowed to have one additional sign for each entrance to the building, up to a maximum of three signs with a permit from the Director. One such sign may be up to six feet tall and twenty four square feet in area if the sign face is not oriented to a public right-of-way. H. Permit procedures. The issuance, modification, revocation, and appeal of any permit under this section are governed by Chapter 17.12 of this title. Notwithstanding the above, any appeal of any permit under this section shall be made to the Design Review Committee. I. Removal of signs. All barulers, devices, signs and displays issued under this section must be removed not later than five days after the conclusion of the special event or grand opening to which they pertain. J. The city, pursuant to Chapter 17.52 of this code, may cause the banners, devices, signs and displays remaining after expiration or revocation of the above-described five day period to be removed. (Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) 17.32.100 Window Signs. A. Window signs shall be permitted in all commercial zones. 14-34 City of Cupertino Draft (Revised 10/15/09) 30 B. The total area of any window obscured by any combination of permanent and temporary window signs shall not exceed twenty-five percent of the window surface of each storefront bay. C. 1. Signs within a window shall be considered temporary if they remain on the window for less than thirty days, and shall :~zot be subject to review. 2. Window signs intended to remain o~z display for more than thirty days shall be considered permanent window signs as regulated by Section 17.24.090. (Ord. 1987, (part), 2006; Ord. 1926, § 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1624, (part), 1993) CHAPTER 17.44: SIGN EXC;EPTIONS'~ Section 17.44.010 Authority. 17.44.020 Application and fee. 17.44.030 Design Review Committee review required. 17.44.040 Findings for an exception. 17.44.050 Action by Design Review Committee. 17.44.060 Conditions for revocation of exception-Notice required. 17.44.070 Exception deemed null and void when-Notification required. 17.44.080 Appeals. 17.44.090 Reports to Planning Commission. Prior ordinance history: Ords.1624 and 'L655. 17.44.010 Authority. The Design Review Committee may grant a sign exception in accordance with the provisions of this chapter. (Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (p~irt),1998) 17.44.020 Application and Fee. An application shall be made in writing on a form prescribed by the Director. The application shall be accompanied by a nonrefundable fee, a letter explaining the justification for the exception, and appropri~.te exhibits as deemed necessary by the Community Development Director. (Ord. 1789, § 1 (part), 1998) 17.44.030 Design Review Committee Review Required. A. An exception shall be scheduled for :review by the Design Review Committee, not later than thirty days after filing of appli~=anon, unless the application is deemed incomplete. 74-35 City of Cupertino Draft (Revised 10/15/09) 31 B. Mailed written notice of the hearing on the sign exception shall be given by the Director of Community Development to all owners of record of real property (as shown in the last assessment roll) which abut the subject property, as well as property and its abutting properties to the left and right, directly opposite the subject property and located across a street, way, highway or alley. Mailed notice shall include owners of property whose only contiguity to the subject site is a single point. Said notice shall be mailed by first class mail at least ten days prior to the Design Review Committee meeting in which the application will be considered. The notice shall state the date, time and place of the hearing. A description of the sign exception shall be included in the notice. If the Director of Community Development believes the project may have negative effects beyond the range of the mailed notice, particularly negative effects on nearby residential areas, the Director, in his/her discretion may expand noticing beyond the stated requirements. ' C. Compliance with the notice provisions set forth in this section shall constitute a good-faith effort to provide notice, and failure to provide notice, and the failure of any person to receive notice, shall not prevent the City from proceedu1g to consider or to take action with respect to an application under this chapter. (Ord.1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998) 17.44.040 Findings for an Exception. The Design Review Conunittee may grant an exception based upon all the following findings: A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and infent of this title; B. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and C. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. (Ord. 1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part),1998) 17.44.050 Action by Design Review Committee. The decision made by the Design Review Committee is final unless appealed in accordance with Section 17.44.080. (Ord. 1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998) 17.44.060 Conditions for Revocation of Exception-Notice Required. In any case where the conditions or limitations to an exception granted have not been complied with, the Planning Commission may revoke the exception after notice and hearing in the sanle manner as defined in Section 17.44.030. (Ord.1789, ~ 1 (part), 1998) 14-36 City of Cupertino Draft (Revised 10/15/09) 32 17.44.070 Exception Deemed Null and Void When-Notification Required. In any case where an exception has not been used within one year from the date of issuance, or if abandoned for a period of thirty days, the exception will automatically become null and void upon written notice fi-om the Director to the property owner and/ or tenant. (Ord.1789, ~ 1 (part), 1998) 17.44.080 Appeals. Any person aggrieved by a decision of the L)esign Review Committee may appeal such a decision in writing to the Planning Commission in accordance with the procedures set forth in Chapter 19.136, except that the Planning Commission decision shall be final. (Ord. 1987, (part), 2006; Ord.1844, ~ 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.090 Reports to Planning Commission. The Director, or designated representative, shall snake written reports on all exceptions granted, denied, or revoked under this chapter. The reports shall be delivered to the Planning Commission within five calendar days from the date of the decision. (Ord.1844, ~ 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998) CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT Section 17.52.010 Interpretation and enforcemE~nt of provisions. 17.52.020 Nonconforming signs. 17.52.030 Abandoned or discontinued signs: 17.52.040 Illegal signs-Notice required-Summary removal authorized when. 17.52.045 Authority to remove illegal signs in public right-of-way. 17.52.050 Storage of removed signs. 17.52.060 Owner responsible for remo~Tal, alteration or relocation costs. 17.52.070 Illegal signs-Deemed public nuisance-Court action authorized. 17.52.080 Violation deemed infraction-Penalty. 17.52.090 Appeals from decisions of the Director. 17.52.010 Interpretation and Enforcement of Provisions. The Director or his/her designee is empowered to interpret and enforce the provisions and requirements of this title and. to remove or cause to be removed any sign or other advertising structure which has been constructed, erected, altered, relocated or 14-37 City of Cupertino Draft (Revised 10/15/09) 33 maintained in violation of this title. Such powers include but are not restricted to ' provisions and procedures set forth u1 the following sections of this chapter. Decisions by the Director or his/her designee in relation to this title may be appealed to the Planning Commission as set forth in Section 17.52.090. (Ord. 1624, (part), 1993) 17.52.020 Nonconforming Signs. A. Any nonconforming sign, except Landmark Signs identified in Section 17.24.110, unless made to conform to the provisions of this title, may not be structurally altered, expanded, moved, modified in any way, or be reestablished after 1. Discontinuance for 180 days or more; or 2. Damage or destruction by intentional acts of the owner and/ or tenant of the property of more than fifty percent of the sign. B. Any nonconforming sign which was legally erected in accordance with the provisions of the ordinance u1 effect at the time of erection, or which has a valid permit from the City, shall be permitted to remain until such time as 1. There is a change in the use of the property that the sign is located on; or 2. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent or more of the existing site or building. The amount of alterations shall be cumulative over time. C. At such time as any of the events mentioned in subsections A and B occur, the sign must be brought into conformance with this title. Any business with a nonconforming sign, other than a Landmark Sign as identified in Section 17.24.110, shall not be entitled to an additional sign unless the nonconforming sign is made to comply with the provisions of this. title. (Ord. 1624, (part), 1993) 17.52.030 Abandoned or Discontinued Signs. Any sign which pertains to a business or occupation which is no longer using the particular sign or property, or which relates to a time which no longer applies, constitutes false advertising. The structure and copy shall be blanked out or removed within thirty days after the associated business, occupation or event has vacated the premises. An abandoned sign is prohibited and the removal shall be the responsibility of the owner of the sign or the owner of the premises. (Ord. 1624, (part), 1993) 17.52.040 Illegal Signs-Notice Required-Summary Removal Authorized When. A. If the Director or his/her designee finds that any sign or other advertising structure has been constructed, erected, altered, relocated or maintained in violation of any of the provisions of this title or any other pertinent ordinance of the City, the Director or his/ her designee shall inform the owner and the tenant of the property on which the sign or structure is located, in writing, that the sign or structure must be 14-38 City of Cupertino Draft (Revised 10/15/09) 34 removed within ten days of receipt of the n~~tice, or an application must be made to the Director for sign approval. Failure to take the required action shall result in a criminal or civil sanction as provided by state law or any legal sanction or remedy set forth in this Code. B. If the Director or his/her designee finds that any temporary sign or advertising device is in violation of this title or any other pertinent ordinance of the City, the Director or his/her designee shall notify thE~ owner of, or tenant using, the sign, in person or writing, that the sign shall be immediately removed. C. If the Director or his/her designee f:uZds that any sign or other advertising structure, whether conforming with the ordinance or not, is an immediate peril or menace to the public, or to any person, the Director or his/her designee shall cause it to be summarily removed. Upon removal, the Director or his/her designee shall give written notice to the owner. (Ord. 1624, (part), 1993) 17.52.045 Authority to remove illegal signs in public right-of-way. A. Any illegal signs in the public right-of-way may be removed immediately by the city. B. No notice shall be required prior to removal of illegal signs, including, without linutation, temporary signs, in the public right-of-way. C. Any sign removed by the city, exce~~t any sign of de muliinus value, shall be held in storage and the owner or other person in control of such sign, if known, shall be given written notice and twenty days to reclaim such sign. D. -Any illegal sign in the public right-cf-way of de m;n;mus value shall be deemed to be abandoned and may be destroyed by t:he city after removal. No opportunity to reclaim such sign shall be given by the city. E. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimL~s value. 17.52.050 Storage of Removed Signs. Any sign removed by the Director or his j her designee, other than those referred to in Section 17.52.045, shall be stored in the City corporation yard and may be claimed within twenty days after the sign was removed, provided that any cost incurred by the City has been paid, and that a renewal of thE~ building permit for the sign has been secured. If signs are not claimed within twenty days after removal by the City, the City shall dispose of the signs. (Ord. 1987, (part), 2006; Ord. 1624, (part),19~13) 17.52.060 Owner Responsible for Removal, Alteration or Relocation Costs. Any cost incurred by the City in the removal, alteration or relocation of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid by the owner or person having beneficial enjoyment of the property upon which such sign is located. (Ord. 1624, (part), 1993) 14-39 City of Cupertino Draft (Revised 10/15/09) 35 17.52.070 Illegal Signs-Deemed Public Nuisance-Court Action Authorized. In the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this title, the sign shall be considered a public nuisance and the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such person from continuing such violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. (Ord. 1624, (part), 1993) 17.52.080 Violation Deemed Infraction-Penalty. Any person, firm or corporation violating any provisions of this title shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished in the same manner as other infractions provided under Chapter 1.12 of this Municipal Code. (Ord. 1624, (part), 1993) 17.52.090 Appeals from Decisions of the Director. ` A. The applicant, aggrieved by a decision of the Director or his/her designee to order the removal of a sign, may appeal such order or decision to the Planning Commission in accordance with the procedures set forth in Chapter 19.136, except that the Planning Commission decision shall be final. (Ord. 1624, (part), 1993) 14 - 40 APPENDIX A-1: SIGN APPLICATION .APPROVAL PROCESS FLOW CHART Applicant verifies with Exempt planning Staff whether proposed sign is permitte~~, exempt or prohibited. Prohibited Permitted Submit sign program to Coirununity Development for permits. Applicant may revise drawings Applicant may apply for an exception. 36 Submit required exhibits, fees and application form. Staff will review application for compliance with Sign Ordinance within 30 days. Staff will schedule hear- ing ~vithu130 days. Approved Community Development will issue permits. May install signs Design Review Commit- tee will review request in Ap roved conformance with excep- tion process and either approve, approve with conditions, or deny. Denied If denied, applicant may appeal to Plan- nin~ Conunission. Appeal Approved Must submit written request to appeal decision to the City Clerk within 14 calendar days. Must submit written Approved request to appeal decision to the Plaruling Department within 14 calendar days. Denied Appeal If denied, applicant may appeal to City CO1721c1~. - 41 37 APPENDIX A-2: EXAMPLES OF HOW TO MEASURE SIGN AREA Sign with background or borders Sign separated by 36 inches or snore 14 - 42 Individually lettered sign 38 APPENDIX A-3: EXAMPLES OF WELL PROPORTIONED-SIGNS EXAMPLES OF SIGNS NC-T WELL PROPORTIONED f~~ 0 a ~CI t Examples of Well Proportioned Signs 14 - 43 nples of Signs noi: Well Proportioned 39 APPENDIX A-4: CUPERTINO STANDARD DETAIL 7-2 CORNER TRIANGLE -CONTROLLED INTERSECTIONS CORNER SIGHT FORMULA DISTANCE SD =Design speed X 1.467X 7.5 DESIGN 85th Sight Distance Seconds Criteria PERCENTILE Factor SPEED SD 85th percentile speed 25 275 ~ 30 330 ~ 35 385 Z 4 40 440 45 495 ~ 50 550 r LS - - - - - ~ - - - G - ~- LS,~ ~~ ~ ~ SD LEGEND Y =Distance between the edge of roadway and the curb. Applies to parking, bike lanes, shoulders and/or combination. LS = Line of sight SD = Signt distance G = Edge of travelway I•- - ~ - MAJOR .LOAD - ,~- ~ ~ BLS G1 2 ' Set backs from edge of travel lane O1 Crosswalk set back = 24 feet + Y ZO Limit line set back = 13 feet +Y 14 - 44 40 APPENDIX A-5: CUPERTINO ST~~NDARD DETAIL 7-4 CORNER TRIANGLE -UNCONTROLLED INTERSECTIONS ~__~_-- 14 - 45 A A F.O.C. LIP OF GUTTER SIDEWALK BACK OF SIDEWALK SHADED AREAS BEHIND SIDEWALK SHALL BE FREE OF ANY OBSTRUCTION EXCEEDING 3 FEET ABOVE SIDEWALK ELEVATION (i.e., SIGNS, BUSHES) ALSO SEE DETAIL 7-2 (CONTROLLED INTER- SECTIONS) FOR FURTHER RESTRICTIONS ,~ 50' 8' 8' DRIVEWAY d r x H 1-~ ~ ~ ~ ~ `~ z~ C~ ~ ~z C d y ~z r~ x ~ r ~ tr7 d ~ ~ ~ ~ zr (7 V ~ ~ a H d d X .~ 42 APPENDIX A-7: EXAMPLE OF HOW TO FIGURE SIZE AND LOCATION O F GROUND SIGNS 1 Ground Sign allowed: 130 ft Maximum Sign Area: 32.5 sq. ft. (130 ft/4 = 32.5) Sign Location: Center 50% begins tit 32.5 ft. from side property lines. 8 ft. (Total Sign Height) 5 ft. (sign height) ~~ 10300 ~ 5"min. Curb Sign Area: 5 x 6.5 = 32.5 sq. ft. Sign Area equals height of sign face times lE~ngth of sign face. (excluding base) Overall height of sign is measured from the closest curb. 14-47 t i su rt. street rrontage t.+}`yF ~, - 14-48 43 City of Cupertino Draft (Revised 10/15/09) 44 INTRODUCED at a regular meeting of the Cupertino City Council this 20~ day of October, 2009, and ENACTED at a regular meeting of the Cupertino City Council this day of , 2009, by th~~ following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 14-49 Attachment B Sign Ordinance Update Community Meeting Notes The following comments were received at the Sign Ordinance Update Community Meeting Sign Ordinance Update on July 15, 2009 at the Cupertino Community Hall. Eight community members were in attendance representing property owners; property managers, tenants, sign companies and residents. City staff facilitated this meeting. - How to deal with new signs on a 30 year-old building since it won't conform to the existing sign program. - "Doctor Office" directory signs- interior to project site. - These economic times make it difficult to find a new tenant and flexibility is required with regard to signage. - Length of time involved in the preparation and review of a new sign program. This will lead to a loss of tenants. Conunented on the need for. a speedy review from the city. - Retail buildings with limited frontage have no visibility for tenants at the rear. - Questioned the need for sign height limit restrictions - Ground sign space being limited. - Additional directional signage for businesses would be beneficial to help existing business and new businesses. - International sign code is very flexible. Maybe the city ought to push the envelope. - Include principle statement in sign program to allow maximum creativity. - Nice marriage betv,~een business signs and use of statuary. E.g. Elephant Bar: Tasteful (Elephant Head). I~TOt too big, but identifiable - Landmark Signs add value to the City. Life of existing nonconforming signs that are compatible with architecture on site should correspond with building life. E.g. Loree Center - A question was raised about whether the readability of the ordinance would be improved by staff or by an outside consultant. - Suggestion that no sign progranl be required for buildings with less than three tenants. - One person refereed staff to websites for samples of sign ordinance: c California Sign Association (CSA) wv,~u.calsi~n.ora/ o International Sign Association (ISA) http://~~~~~~-.si~ns.or~/default.aspx For additional questions and comments, please contact Colin Jung, Senior Plamler, at colinjyncupertino.org or Piu Ghosh, Associate Plamzer, at piug~alcupertino.or~. 14-50 Piu Ghosh Attachment C From: Gary Chao Sent: Monday, September 14, 2009 1 ~?:14 PM To: Piu Ghosh; Colin Jung Cc: Aarti Shrivastava; Kelly Kline Subject: FW: Re. our discussion the other day FYI Piu, please attach this to the staff report. Our response should be very straight forward per our City Attorney's advice. Thx. Gary Chao City Planner City of Cupertino 408.777.3247 (Direct) 408.777.3333 (Fax) -----Original Message----- From: Bryan Lanser [mailto:bryan@museresearch.com] Sent: Tuesday, September 08, 2009 7:25 PM To: Gary Chao Subject: Re. our discussion the other day Hi Gary Nice to talk to you the other day. Just wanted to articulate some of the points I think are important to consider in re-defining any signage ordinances in Cupertino moving forward. tam happy to backup my assertions with data and signatures if that would help, but I think any reasonable person can come to the same conclusions as I with little effort. So here we go: 1. There can be no question that the demographic mix of Cupertino is changing, and has been changing for quite some time. As the City continues to diversify, we are faced with several challenges to address the needs of the community as a whole, and to promote the high standards of living we have all come to expect by moving to Cupertino in the first place. First and foremost to me is the notion that we all have something in common: We all live in Cupertino, in California, in the good old US of A. That is the one thing we ~~II _ have in common, and the fact is the official language of the Llnited States is English. I think everyone can agree on that, and not only is English the official language of the US, it is quickly becoming the official language of the world in terms of commerce, air travel, medicine, and technology. English is becoming the universal language, and in doing so it is the language of inclusivity, spoken by the broadest range of ethnic groups across the globe. 14 - 51 2. As the demographic mix changes in Cupertino, there are obvious and understandable desires by some members of the community to directly address the needs and desires of their particular ethnic group. This results in signage, menus, instructions, and the like that are presented in a language other than English so that the members of that particular ethnic group feel that their needs are being addressed. I believe this is a completely understandable situation, done with the best intentions, but there is a very significant downside to doing so. To offer goods, services, or information in a language other than English, perhaps unintentionally, discludes the native-speaking population, which results in lost revenue opportunities for the business owner. This also violates the prior notion of inclusivity... to have a business sign posted in a foreign language is a subliminal message to a native speaker that their patronage is not welcome. And even though there are MANY members of our community who would gladly take on new and exotic experiences, this is not possible when the signage is uninterpretable by a someone who does not speak or read that particular language. Just because you are Latino doesn't mean you shouldn't be able to know that the Japanese restaurant specializes in Seafood, or just because you grew up in India doesn't mean you won't enjoy a foot massage to balance your chi. 3. There is a more onerous side to proliferation foreign language signage in a community, and that is the fact that as foreign language signs start to dominate, the available customer base becomes increasingly more narrow, resulting in reduced revenue opportunities for the business, which subsequently reduces the tax base, which in terms depletes community coffers, and ultimately results in reduced property values. Business owners MUST focus their marketing to as broad a base of customers as is possible, not only so that they might prosper individually, but also so that they can entice the largest segment of the community population so as to build the financial footing of the community. Many communities in Southern California have seen eroding tax bases and a reduced standard of living for everyone in the community as their retail revenues decline. Will this happen in Cupertino? Hard to say, but I think most people would join me in saying that it is not worth risking what we have to find out!! I believe that our community does share some universal things in common - we all live in America with its vast history as a melting pot. We all value inclusivity, just as we value diversity, and we especially appreciate everything that our ethnicity offers in terms of new cultural experiences and a greater understanding of the world around us. Yet this seemingly innocent oversight to forego putting signs in English as well as the foreign language threatens to unleash a series of events that could ultimately be quite detrimental to the community as a whole. To that end, I would like to see Cupertino adopt a Universal Language Ordinance that r requires English to be present on all signage and for English to be the predominant language on all signs. This will ensure 14-52 2 a certain continuity among all businesses in Cupertino regardless of what foreign language they choose to explain their goods or services to a particular ethnic group. Not only does this ensure that: all members of the community can understand what is offered in our retail environment, it will also serve as an undeniable message of inclusivity to all the members of our community, underlying; the fact that although we are all different, we also share much in common. The particulars of the ordinance would need to be discussed at length, but I would suggest that the ordinance be worded such that: English is the top-most language on any sign, and that the size of the English lettering be equal to or larger than the foreign-language lettering that is accompanies it. I think that this is sufficient to ensure a certain amount of consistency in signage so that all member s of the community can enjoy and participate in our retail base. I also think it is reasonable for the City to establish a free advisory service that would serve any interested retailers to help them define appropriate English wording for their businesses, with proper English grammar and spelling. I for one would be wi ling to donate my time to that kind of endeavor as it also helps preserve the quality of the retail landscape, and we all know that English is a difficult language to master... I know that there are others v,~ith marketing and sales backgrounds who would be wiling to participate along side me to offer this kind of service to retailers who were interested. I hope you can see the relevance of the points I've raised ab~~ve. I'd be happy to clarify or reiterate my feelings to anyone who is interested~in engaging me in such a conversation. Please let me know how this all goes... Thanks very much Bryan Lanser 14-53 Piu Ghosh From: Colin Jung Sent: Thursday, September 10, 2009 3:09 PM To: Piu Ghosh Subject: FW: Fw: Sign Ordinance Regulations English Only Attachments: Asian Americans v. Pomona.pdf Attachment D From: carol korade [mailto:carolakorade@gmail.com] Sent: Wednesday, September 09, 2009 4:57 PM To: Aarti Shrivastava; Gary Chao; Colin Jung Cc: Julie Hejza Subject: Fwd: Fw: Sign Ordinance Regulations English Only Hello Aarti, As we discussed, the city can require all properties to have a number or street address in plain sight and in English but cannot otherwise regulate the language used in signs without violating both First Amendment and Equal Protection rights. Attached is the case of Asian American Business Group v. City of Pomona (C.D. Cal. 1989), where the court overturned a city ordinance requiring signs to be at least 1/2 in English. This violated freedom of speech and equal protection. l~Teither the plaintiffs nor the court took issue with the requirement to have Arabic numerals. The court held that allowing fire and police to locate buildings was a compelling governmental interest. Please call if you need additional information, thanks Carol Korade ext 3402 cell: 510/517/6143 From: Aarti Shrivastava Sent: Tuesday, September 08, 2009 2:18 PM To: Carol Korade Cc: Gary Chao; Colin Jung Subject: FW: Sign Ordinance Regulations English Only Carol, We have interest groups here in Cupertino that advocate English-only or English-required commercial signage 14-54 from time to time when we propose amending the sign ordinance. It is our understanding that cities cannot regulate language. Can you confirm this or give us some guidance? Thanks. Aarti 14-55 Attachment E 1328 716 FEDERAL SUPPLEMENT Finally, the Court finds that throughout the time that Egg City contends its work- ers were NLRA § 2(3), 29 U.S.C. § 152(3), employees, it paid these workers as exempt agricultural workers for purposes of over- time compensation requirements pursuant to the FSLA. While Egg City previously claimed that its processing plant workers were agricultural and therefore exempt from the minimum overtime compensation requirements of the FSLA, it now claims that these workers are NLRA employees in order to establish a cause of action under the NLRA. Egg City cannot have it both ways. The Court finds that Egg City's treatment of its workers as agricultural in terms of overtime compensation, and its silence to the UFW concerning the process- ing of outside producers' eggs estops Egg City from asserting a cause of action under the NLRA in the instant action. The Court finds that the UFW is not a labor organization within the meaning of the NLRA. Therefore, the Court lacks subject matter jurisdiction over the instant action. Accordingly, the Court dismisses the in- stant action pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. w O S KEY NUMBER SYSTEM r ASIAN AMERICAN BUSINESS GROUP, Plaintiff, v. CITY OF POMONA, a City of the State of . California; and AJ. Wilson, solely in his official capacity as City Administra• tor, Defendants. ` No. CV 89-0828-RMT(Sx). United States District Court, C.D. California. July 14, 1989. Nonprofit organization brought action challenging city ordinance requiring one half of space of foreign alphabet sign to be devoted to English alphabetical characters. On plaintiff's motion for summary judg- ment, the District Court, Takasugi, J., held that: (1) ordinance violated First Amend- ment free speech rights; (2) ordinance was void for vagueness; and (3) ordinance vio- lated equal protection. Motion granted. 1. Constitutional Law X90.3 For purposes of First Amendment analysis, city ordinance requiring one half of space of foreign alphabet signs to be devoted to English alphabetical characters was regulation of content. U.S.C.A. Const. Amend. 1. 2. Constitutional Law X90(2) Choice of language is a form of expres- sion for First Amendment purposes. U.S. C.A. Const.Amend. 1. 3. Constitutional Law X90.3 Speech is not commercial merely be- cause it proposes a transaction or because there is economic motivation. U.S.C.A. Const.Amend. 1. 4. Constitutional Law X90.3 City ordinance requiring one half of space of foreign alphabet sign to be devot- ed to English alphabetical characters was required to meet standard of strict scrutiny in action challenging ordinance on First Amendment grounds, since ordinance regu- lated sign's expression of culture and na- tional origin. U.S.C.A. Const.Amend. 1. 5. Constitutional Law x+90.3 Municipal Corporations X602 City ordinance requiring one half of space of foreign alphabet sign to be devo~ ed to English alphabet characters was not narrowly tailored to further city's interest in identifying buildings in emergencies and violated First Amendment free speech pro- tection; ordinance only required establish- ments having foreign alphabet signs to post sign naming their buildings, and took half of all signs written in foreign charao- 14-56 ASIAN AMERICAN BUSINESS GROUP v. CI'T`Y OF POMONA 1329 Cite rs 716 P.Supp. 1328 (C.D.CaL 1989) ter without regard to size and location of FINDINGS OF FACT AND sign or amount of apace necessary to iden- CONCLUSIONS OF LAW tify building. U.S.C.A. Const.Amend. 1. TAKASUGI, District Judge. 6. Constitutional Law X90(1) Laws restricting speech are given highest scrutiny for vagueness. U.S.C.A. Const.Amends. 1, 14. 7. Constitutional Law e~296(1) Municipal Corporations X602 City ordinance applying to signs hav- ing "advertising copy" in foreign alphabeti- cal characters and requiring "advertising copy" in English alphabetical characters was void for vagueness, where "advertis- ing copy" was not defined. U.S.C.A. Const.Amend. 14. S. Constitutional Law X209 Although equal protection claim must generally show intent to discriminate, showing of intent is unnecessary if law has overtly discriminatory classification on its face. U.S.C.A. Const.Amend. 14. 9. Constitutional Law X215.2 Municipal Corporations ~- 602 City ordnance regulating advertising signs with foreign alphabetical characters discriminated on basis of national origin, making showing of intent unnecessary in action challenging ordinance on equal pro- tection grounds. U.S.C.A. Const.Amend. 14. 10. Constitutional Law X215.2 Municipal Corporations x602 City ordinance requiring one half of space of foreign alphabet sign to be devot ed to English alphabetical characters violat- ed equal protection by discriminating on basis of national origin. U.S.C.A. Const. Amend. 14. John S. Ward, Walker, Wright, Tyler & Ward, Los Angeles, Cal., and Elizabeth N. Brancart, Pomona, Cal., for plaintiff. Douglas C. Purdy and Alan H. Yamada, Morris, Polich & Purdy, Los Angeles, Cal., and Patrick J. Sampson, City Atty., Pomo- na, Cal., for defendants. This matter has come before the court on the motion by defendants to dismiss and on the cross-motion by plaintiff for summary judgment. Having considered the plead- ings and other documents filed herein the court makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. Defendant City of Pomona ("City") has passed the following ordinance: On premises signs of commercial or man- ufacturing establishments which have advertising copy in foreign alphabetical characters shall devote at least one half of the sign area to advertising copy in English alphabetical characters. Com- mercial or manufacturing establishments which have on premises signs with for- eign alphabetical characters shall also display in Arabic numerals their address in figures not less than three and one half inches in height. " 2. Plaintiff Asian Americas Business Group alleges that it is a nonprofit associa- tion dedicated to the preservation of free- dom of speech of Asian Americans in gen- eral and its members in particular. 3. In its complaint, plaintiff alleges the ordinance violates the following constitu- tional rights or federal statute: First claim for relief: freedom of speech under the first amendment, U.S. Constitution; Second claim for relief: freedom of association under the first amendment, U.S. Constitution; Third claim for relief: due process un- der the fourteenth amendment, U.S. Con- stitution; Fourth claim for relief: equal protec- tion under the fourteenth amendment, U.S. Constitution; Fifth claim for relief: 42 U.S.C. § 1981. 4. As to the fifth claim, issues of fact remain, including issues as to whether there was intent to discriminate. 14-57 1330 716 FEDERAL SUPPLEMENT Any finding of fact which may be deemed a conclusion of law is incorporated into the Conclusions of Law section below, and any conclusion of law which may be deemed a finding of fact is incorporated into the Findings of Fact section above. CONCLUSIONS OF LAW 1. This court has subject matter juris- diction. 28 U.S.C. § 1331. FREEDOM OF SPEECH [1] 2. By requiring one half of the space of a foreign alphabet sign to be devoted to English alphabetical characters, the ordinance regulates the cultural expres- sion of the sign owner. Since the language used is an expression of national origin, culture and ethnicity, regulation of the sign language is a regulation of content. 3. A persgn's primary language is an important part of and flows from his/her national origin. Although not written in the context of a first amendment claim, Olagues v. Russoniello, 797 F.2d 1511, 1520-21 (9th Cir.1386) (en banc), vacated on ground of mootness, 484 U.S. 806, 108 S.Ct. 52, 98 L.Ed.2d 17 (1987); and Gutier- rez v. Municipal Court of the Southeast Judicial District, 838 F.2d 1031, 1039-40 (9th Cir.1988), vacated on ground of moot- ness, - U.S. -, 109 S.Ct. 1736, 104 L.Ed.2d 174 (1989) effectively addressed language regulation and- its relationship to national origin. Although this court does not rely on these cases as precedent, this court does agree with their rationale and analysis. [2] 4. Choice of language is a form of expression as real as the textual message conveyed. It is an expression of culture. [3] 5. Speech is not commercial merely because it proposes a transaction or be- cause there is an economic motivation. Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 66-67, 103 S.Ct. 2875, 2880, 77 L.Ed.2d 469 (1982). [4] 6. Although the signs regulated by the ordinance have a commercial aspect to them, it is not that aspect that the ordi- nance regulates. It is the aspect of expres- Sion of culture and national origin that is being regulated. 7. As a regulation of noncommercial speech, the ordinance must meet the stan- dard of strict scrutiny-it must serve a compelling governmental interest and be narrowly tailored to meet the interest. Pa- cific Gas & Electric v. California P. U.C., 475 U.S. 1, 19, 106 S.Ct. 903, 913, 89 L.Ed.2d 1 (1986}. [5] 8. The governmental interest cited by defendant City is the ready identifica- tion of commercial structures to facilitate the reporting of emergencies. Defendant City argues that if a person telephoning the police or fire department to report an emergency cannot read the sign identifying the location of the emergency, the response will be delayed. This is a compelling state interest. 9. It appears that the ordinance is not narrowly tailored to further the defendant City's stated interest. An undisputed por- tion of the ordinance requires that address- es be posted in Arabic numerals. Identifi- cation by street address would appear to be the most expedient way in which to report the location of an emergency. Requiring "advertising copy in English alphabetical characters" would not necessarily insure the posting of a sign that would be helpful in reporting the location. 10. Defendants argue, without provid- ing any supporting evidence, that the "ad- vertising copy" referred to in the preceding paragraph only requires structure identifi- cation. Even if this limitation applied to the ordinance, it does not result in a proper- ly tailored ordinance: According to a decla- ration provided by defendants, the defen- dant City does not require any business or .commercial establishment to have a sign on the premises stating the name of the estab- lishment. If that is the case and if, as defendants argue, street address is insuffi- cient identification for reporting a location in an emergency, it is very curious that defendant City has chosen to require only establishments having foreign alphabet signs to post a sign naming their buildings. Such a limitation renders the ordinance 74-58 equally 1' thering and, as such, casts suspicion on the genu- ineness of said stated interest. 11. The ordinance fails the "narrowly tailored" test for another reason: It takes one half of all signs written in foreign characters without regard to the size and location of the sign or the amount of space necessary to identify the building. There is no reason suggested for seizing such a large portion of the signs nor an explana- tion provided as to why the ordinance was not drafted to limit the space taken to that necessary to identify the building. 12. Assuming arguendo that the ordi- nance regulates commercial speech, the ap- plicable test would be whether a substan- tial government interest is directly ad- vanced by the ordinance and whether it is no more extensive than necessary to serve that interest. Central Hudson Gas v. Public Service Commission, 447 U.S. 557, 566, 100 S.Ct. 2343, 2351, 65 L.Ed.2d 341 (1980). Recognizing that this is lower than the "narrowly tailored" standard, the sub- stantial interest requirement is met and the ordinance does directly advance it. How- ever, because the ordinance takes one half of the sign space regardless of sign size and area necessary to identify the building, it is clearly more extensive than necessary to serve the stated interest. 13. Whether considered a regulation of commercial or noncommercial speech, the ordinance violates the freedom of speech. FREEDOM OF ASSOCIATION 14. Plaintiff contends that the ordi- nance unjustly restricts the freedom of as- sociation by hobbling their members' abili- ty to communicate with their language groups (freedom of private association). Plaintiff further contends that the ordi- nance infringes the right to associate in pursuit of political, social, cultural, etc. ends (freedom of expressive association). These claims simply reiterate the speech claims; they do not implicate association claims. Motion to dismiss should be grant- ed. ASIAN AMERICAN BUSINESS GROUP v. CITY OF POMONA Clte as 716 F.Sapp. 1328 (C.D.CaI. 1989) united in its effectiveness in fur- DUE PROCESS the stated government interest 6 15 L 1331 [ ] awa restncting speech are given the highest scrutiny for vagueness. Village of Hoffman Estates a The Fliv- side, Hoffman Estates, Inc., 455 U.S. 489, 499, 102 S.Ct. 1186, 1193, 71 L.Ed.2d 362 (1982). 16. "[B]ecause we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable oppor- tunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning:' Grayned v. City of Rockford, 408 U.S. 104, 108, 92 S.Ct. 2294, 2299, 33 L.Ed.2d 222 (1972) (footnote omitted). 17. "[W]here a vague statute `abut[s] upon sensitive areas of basic First Amend- ment freedoms,' it `operates to inhibit the exercise of [those] freedoms.' Uncertain meanings inevitably lead citizens to ` "steer far wider of the unlawful zone" ... than if the boundaries of the forbidden areas were clearly marked.' " Grayned v. City of Rockford, 408 U.S. 104, 109, 92 S.Ct. 2294, 2299, 33 L.Ed.2d 222 (1972) (footnotes omit- ted). [7] 18. The ordinance applies to signs having "advertising copy in foreign alpha- betical characters" and requires "advertis- ing copy in English alphabetical charac- ters". However, "advertising copy" is not defined. Elsewhere in the Pomona City code, the term "advertising" is used in commercial and noncommercial contexts and appears, essentially, to be synonymous to "promoting." 19. Without explanation or evidentiary support, defendants assert in their legal brief that "the Ordinance only applies to the name of a business or commercial es- tablishment ..." However, there is nothing to indicate that this limitation is binding on defendant City. Nothing indicates that de- fendants' brief writers have the authority to make binding interpretations of local ordinances. See, Hynes v. Mayor of Ora- dell, 425 U.S. 610, 622-23 n. 6, 96 S.Ct. 1755, 1761-62 n. 6, 48 L.Ed.2d 243 (1976). 14-59 1332 716 FEDERAL SUPPLEMENT 20. The federal courts lack the authori- ty to cure vagueness problems by narrow- ing alocal ordinance. United States v. Thirty~Seven Photographs, 402 U.S. 363, 369, 91 S.Ct. 1400, 369, 28 L.Ed.2d 822 (1971). 21. Use of the term "advertising copy" in the ordinance fails to provide reasonable notice as to what it requires and, as such, is unconstitutionally vague. EQUAL PROTECTION [8, 9] 22. Although an equal protec- tion claim must generally show intent to discriminate, a showing of intent is unnec- essary if the law has an overtly discrimina- tory classification on its face. Wayte v. United States, 470 U.S. 598, 608 n. 10, 105 S.Ct. 1524, 1531 n. 10, 84 L.Ed.2d 547 (1985). The subject ordinance expressly discriminates against sign owners who use foreign alphabetical characters in their signs. As noted supra, the use of foreign languages is clearly an expression of na- tional origin. As such, the ordinance overt- ly discriminates on the basis of national origin. [10] 23. There are two independent reasons for applying the strict scrutiny test to this equal protection claim: First, the ordinance burdens the freedom of expres- sion, afundamental interest, in that it seizes one half of the sign space; and sec- ond, the ordinance discriminates based on a suspect classification-national origin. Hoffman v. United States, ?67 F.2d 1431, 14345 (9th Cir.1985). Of course the ordi- nance does not expressly refer to national origin; instead it refers to use of foreign alphabetical characters. If this were not sufficient to label it national origin discrim- ination and, hence, a suspect classification triggering the application of strict scrutiny, cities could avoid such heightened scrutiny by passing discriminatory laws that merely restrict those who speak foreign lan- guages. 24. "To withstand strict scrutiny a stat- ute must be precisely tailored to serve a compelling state interest." Hoffman v. United States, 767 F.2d 1431, 1435 (9th Cir.1985). 25. This is the same test as the "nar- rowly tailored" test applied to plaintiff a speech claim and yields the same result--a finding of unconstitutionality. 26. Furthermore, focusing on the dis- tinction/discrimination made by the ordi- nance and examining its relationship to the stated government interest results in the conclusion that although the distanc- tion/discrimination (singling out business establishments having foreign characters on their signs) may have a rational relation- ship to the stated interest (facilitating the reporting of emergencies), that relationship is not strong enough to justify the discrimi- nation where, as here, there are many oth- er nondiscriminatory ways to more effec- tively further the stated interest, such as requiring all buildings to having identify- ing signs. 42 U.S.C. § 1981 27. In order to prevail on a claim under 42 U.S.C. § 1981, a plaintiff must show discriminatory intent by the defendant. General Bldg. Contractors Assn. v. Penn- sylvania, 458 U.S. 375, 102 S.Ct. 3141, 73 L.Ed.2d 835 (1982). ORDER RE MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT This matter having come before the court on the motion by defendants to dis- miss and on the cross-motion by plaintiff for summary judgment, and this court hav- ing considered the pleadings and other doc- uments filed herein and having filed find- ings of fact and conclusions of law concur- rently herewith, IT IS ORDERED that the motion by defendants to dismiss is granted as to the second claim (freedom of association) and denied as to all other claims. The motion by plaintiffs for summary judgment is de- nied as to the fifth claim (42 U.S.C. § 1981); the motion for summary judgment is grant ed on the first claim (freedom of speech), the third claim (due process) and the fourth claim (equal protection) as to declaratory and injunctive relief as follows: (1) The court hereby declares that the Ordinance violates the first amendment 14-60 M.K. THROUGH HALL v. HARTER 1333 Cite u 716 F.Supp. 1333 (E.D.CeL 1989) rights of freedom of speech, is void for 2. Infants X77 vagueness and violates the Due Process Next friend may not be appointed for Clause of the fourteenth amendment, and minor who is already adequately represent- violates the Equal Protection Clause of the ed. Fed.Rules Civ.Proc.Rule 17(c), 28 U.S. fourteenth amendment; and C.A. (2) Defendants are hereby enjoined from enforcing the Ordinance. w O S KEY NUMBER SYSTEM r M.K., a minor who sues through her mother and next friend, Deidre HALL, Plaintiff, v. Ray HARTER, in hie official and individ- ual capacities, and Loretta Begen, in her official and individual capacities, Defendants. No. CV-F-88-423 REC. United States District Court, E.D. California. April 14, 1989. Child brought civil rights action against assistant district attorney and crim- inal investigator based on claim that defen- dants failed to protect her from abuse. On defendants' motion to dismiss, the District Court, Coyle, J., held that defendants were entitled to absolute prosecutorial immunity. Motion granted. 1. Infants X82 If minor is represented, it is only where representative is unable or refuses to act or whose interests conflict with per- son represented, that minor may sue by next friend; under those circumstances, federal court has power to appoint special representative. Fed.Rules Civ.Proc.Rule 17(c), 28 U.S.C.A. 3. Infants ~- 84 Minor's state-appointed legal repre- sentative may sue on behalf of infant in federal court pursuant to rule relating to infants or incompetent persons; rule does not authorize parent of child for whom legal representative has been appointed to file action without obtaining court authori- ty to do so. Fed.Rules Civ.Proc.Rule 17(c), 28 U.S.C.A. 4. Infants X77 Mother could not bring action on be- half of child as child's next friend after county child protective services agency was appointed child's guardian ad litem in de- tention hearing. Fed.Rules Civ.Proc.Rule 17(c}, 28 U.S.C.A. 5. Civil Rights ~13.8(fi) Assistant district attorney for county district attorney's office who was appoint- ed by juvenile court to represent child at detention hearing was entitled to absolute prosecutorial immunity in child's civil rights action based on claim that assistant district attorney caused child to be placed in custody of father who allegedly sexually abused her. West's Ann.Cal.Civ.Code § 4fi04(b); West's Ann.Cal.Welf. & Inst. Code § 318.5; 42 U.S.C.A. § 1983. 6. Civil Rights x13.8(6) Criminal investigator employed by county district attorney's office who took child into custody in connection with juve- nile court proceeding was entitled to abso- lute prosecutorial immunity in child's civil rights action based on claim that she was subsequently placed in custody of her fa- ther, who allegedly sexually abused her. West's Ann.Cal.Civ.Code § 4604; West's Ann.Cal.Welf. & Inst.Code §§ 300, 305(x); 42 U.S.C.A. § 1983. Richard Ducote, New Orleans, La., and Dorrie Whitlock, Modesto, Cal., for plain- tiff. 14-61 MATRIX OF SIGN ORDINANCES -WALL SIGNS Attachment F City Sign Area Calc. # Allowed Size Sign Height Location Illumination Crcpertino 1) Area of single 1 per Uusiness w/bldg. 1 ft2 per 1 ft. lineal store Depending on bldg. No projection above Light source not directly continuous perimeter frontage, 2 if Uusiless frontage. Min. 20 ftZ & setback and teil-tnt bldg. roofline or > 6 visiUle. Neon lighting needs enclosing all border and adjacent to 2+ streets Max. of 200 ftz space size: ft. from bldg. or > 2 Director's approval. Uackground. 2) If (no ground sign) or if o Length: 70 /a of store „ - SRC: 18 48 ft. fiom an arch. individual letters, copy na 2 sign not visible to frontage DRC: 36" - 48" Projection element. enclosed Uy parallel street. vertical & horizontal lines. Campbell All display elements 1 per Uusiless w/bldg. 1 ftZ per 1 ft. lineal store None stated No projection above Light source must be concealed. and materials within a frontage, 2 if business frontage. Min. 20 ft2 & Uldg. roofline or No glare on adjacent street or geometric form of adjacent to 2+ streets Max. of 50 ftz perpendicular from properties. parallel lines, except (no ground sign) bldg face circle signs which are computed as a circle. Gilroy No definition or 1 per business on any Ranging from 1 ftZ per None specified Maximum 12 inches None specified. calculation stated side of the Uuildung 1 ft. lineal store projection if building except not facing the frontage to 1.5 ftz per 1 aUuts property line, freeway ft. lineal store frontage. 18 inches elsewhere. Rangilg from 20 ft2 & Max. of 350 ftZ Milpitas No defiiition or Staff approval of wall No rooftop signs. No flashing signs. calculation stated sign for single-tenant Uldg. For multi-tenant Uldg., PC approves a required sign program. Mountain 1) Area of rectangle or "CS zone" One sign Max. 25 ftZ None state No rooftop signs. No flashing signs. View circle that encloses all per occupancy frontage sign elements, except supports. 2) For individual letters, No sight ilterference rectangle or circle that with motorists or a encloses all letters and peds. rn ^' graphics SEPTEIVIE .5, 2009 P 's 1 OF 6 MATRIX OF SIGN ORDINANCES -WALL SIGNS City Sign Area Calc. # Allowed Size Sign Height Location Illumination Morgan 1) Area of shape that 1 per busiless 1.5 ft2 per 1 ft of lineal Regular 24". Major Not specified Non-illumnated, indirectly Hill encompasses the sigtn store frontage. tenants - 48". If illuminated and sheilded Iroin copy and any frame canopy somewhere, surfaces other than the sign face (not supports). 2) If one under-canopy - individual letters, then 18" with 8 foot area of contiguous clearance from perimeter enclosing all sidewallc sign copy. Palo Alto 1) Area of display surface Any number of signs. Min. 20 sf and' max. 203 None specified. 7 On any facade, Max. None specified. distinguished from the ft2. feet clearance from projection of 10 • background to which it is public or private inches. More in some attached. 2) If individual walkway or walk situations. letters, use area of geometric form that could area. enclose sign message. Pasadena All lettering, Some zones -limited to 1 sf per lineal foot to 1.5 Below roof edge to Middle 70% of the Light source directed and hanLm•.-. ~.~ 1.. ~.".b...::....y wgo, . t~ ..i-L. v:.C p%i uuuui%.i$, vui2r ,.[..• _ t: _i [_ n Jl t,%L lunCQl 1VVt. L'11 CC1 nr_ r_ r-. LJ 1l:l:L 11 Vlll r r ~ 11 Ullt 1tlLsaU(:. 1VUt sileiided to iinit direct emblem, and display zones allows additional. measured by 8 lines sidewalk at project more than illumination on anything other within a single sign for multi-frontage drawn at right angles maximum. 12". Zoning than sign. Not exceedu1g 15W, contiguous perimeter businesses. to enclose sign. Administrator can brighhness not to exceed 250 composed of rectangles Combination of wall, vary projection footlainberts. Signs in with < 8 lines drawn at projectiog, and awning requirement for residential areas: Light sources right angles. sign -limited to 2 signs creative signs. shall not be visible within 100 per frontage. feet of residential zonitng. Shall not be illuminated between 11 pm and 6 am. Redwood Area of smallest One sign per business 1.5 sf per lineal foot. None specified Each buildung sign None specified. City geometric form < 6 ~ facing street or parking Minimum 50 sf allowed shall be displayed straight sides that lot. up to a maximum of only on a buildung encloses all copy, color, 150 sf. facade wlnicln faces a a graphics that are street, alley or o, integral display parking lot. SEPTEMBER 15, 2009 PAGE 2 OF 6 MATRIX OF SIGN ORDINANCES -WALL SIGNS City Sign Area Calc. # Allowed Size Sign Height Location Illumination San Jose 1) Area of the message 1 per occupancy 1 ftz per linear foot of None stated No rooftop signs for No flashing signs. No glare on surface and frame face frontage w/ max. 4 occupancy frontage. bldgs. < 85 ft. the street. if regularly shaped. 2) (must be on different If itdividual letters, frontages) area of a rectangular 20,000 ftz ten~uzt: 3 perineter of < 10 signs on one frontage. straight lines, enclosing z 50,000 ft tenant: 5 entire message surface signs on one frontage. Santa 1) All lettering, designs, None stated All Coinm'1 signs: 35 ft. or top of wall No projection above No flashing signs. No glare on Cla~•a symbols with top of wall. Max. adjacent properties. background surface or projection from wall color. 2) If individual face is 1 ft. letters, area is smallest rect•uigle, circle or 2 ftz per l linear ft. triangle that store frontage. Max. encompasses all 300 sfz. of letters/symbols 3 ftz per 100 ftz of ground floor building. Max. of 600 ftz., or More thresholds Sung:wale Area of the smallest 1 per business w/bldg. 0.66 ftz/1uzear ft. Min. DependuZg on bldg 1 wall sign per No flashng signs. No exposed geometric shape (or combo frontage, 2 if busiless 25 ftz, 50 ftz if major setback & tenant elevation. Can split neon. of shapes) which encloses a sign face, which is any adjacent to 2+ streets z tenant. Max. 250 ft . space size: sign ilto "segments." sign portion for sign copy (no gro~md sign) 2"`i wall sign: 12 ftz & integral parts that Length: 2/3 of tenant 18" to t.uzlimited. differentiate it from the frontage Logos couxtt toward wall. sign area but less Logo counts toward Sign Area SEPTEMBT 5, 2009 Pi' 3 OI' 6 MATRIX OF SIGN ORDINtii~CES -WINDOW SIGNS NON-CONFORMING SIGNS, LOGOS, SYMBOLS INSIGNIAS City Window Signs Non-conforming sign trigger Logos, Symbols, Insignia Cupertir:o No more than 25% of the window pane. Change of face by more than 50% triggers change of Non-illuminated logos up to 9 sf exempt. sign Illuminated logos count toward allowable sign area. Logos larger than 9 sf -Sign Exception. Cam~6ell 25% of the window area per facade per Multi-tenant ground signs -change of face allowed for No special category for logos. They count toward business one tenant. No change to area, colors, materials, allowable sign area. illumination. All other signs -change of face niggers change of sign. Gilroy No more than 25% of the window Per amortization chart is Ordinance. 90 days for most No special category for logos. They count toward surface covered, no more than 15 days signs allowable sign area. Milpitas None specified Change of face does not trigger change of sign No special category for logos. They count toward allowable si area. Morgan Permanent Signs - 25% of pane they are Change of face by more than 50% niggers change of In downtown area, sign or logo should be Hill placed i1. Counts toward total sign area sign dominant. Silent about other areas. However, allowed for business. definition of sign includes logos. Moza:ta.in No more than 25% of the total Change of face triggers change of sign 111 Commercial/Residential Arterial Zones (C1ZA) View transparent glass area of those wildows allowed in addition to Wall sign. No size limitation. parallel to the street on the ground floor In Industrial Zones these count toward allowable of that use, excluding the area of any sign area.~Should Ue clearly secondary to main wall glass doors. sign in all areas. Palo Alto No more than 20% of the window space Change of face triggers change of sign No special category for logos. They count toward on a wall may Ue covered by window allowable sign area. Sl IlS. Pasadena 25% maximum of each window area Change of face is allowed No special category for logos. They count toward allowable si z area. Redwood No more than 25% of the groundfloor Per amortization chart i1 Orduzance. No special category for logos. They count toward CitJ window area on each building facade Baiulers/Awnings signs, blade signs etc: 2 years. Wall allowable sign area. may be covered. signs: 4 years; Groarzd signs: 8 years from adoption of Ordinance. San Jose No more than 25% of the window frame Change of face does not trigger change of sign No special category for logos. They count toward area. allowable sign area. Santa No more than 25% of total window area Change of face does not trigger change of sign No special category for signs. They count toward Clara of business establislunent• allowable si i area. Suunwale ~ 25% of the window area per facade per Change of face that does not intensify use of sign is Logos count toward allowable sign area. business allowed SEPTEMBER 15, 2009 PAGE 4 OF 6 MATRIX OF SIGN ORDINANCES -GROUND SIGNS City # Allowed Size Location Illumination Cupertino • 1 if lot frontage is > 100 ft. & • 8 ft. high from grade of sidewalk. • Wholly on property. 1 foot front public Neon lighting needs lot frontage and bldg. setback ROW Director's approval. > 150 ft. • 2 signs allowed if lot • 1 ft:2 per 4 feet of street frontage.. • Signs over 3 ft. tall not ii corner triangle frontage is > 500 ft. .Max. aggregated sign area-100 ftz or sidewalk sight triangle Campbell 1 per lot or conun'1 center, • 14 ft. high from adjacent grade. • Wholly on property. Light source must be what is less. • 1 ft.2 per 1 ft. store frontage (where • Projections over public ROW subject to concealed. No glare on sign is located.) restrictions. adjacent street or • Mil. area 20 ft2 properties. • Max. area 50 ft2 Gilroy • 1 per parcel, buildu1g or Seven (7) feet Not specified Not specified business whichever is most restrictive. • Area to be ilcluded in the maximum si n area allowed Milpitas Staff approves sign 6 ft. or less Staff approves sign 6 ft. or less iz Not ii public ROW. No flashing signs. u1 height. PC flan CUP height. PC thru CUP approves signs approves signs > 6 ft. > 6 ft. Morgan Hill 1 per parcel. 4 tenants • 1 sf per lineal foot of buildu1g Could encroach it to ROW with Non illuminated, maximum frontage, up to a maximum of 50 sf encroaclunent permit. C1lurch signage in indirectly illumilated, for lots > 5 acres and 48 sf elsewhere. residential area -Max 32 sf, Max height 6 light source not visible feet, source of illumination not visible from from adjacent properties adjacent properties, located at least 5 feet • Eight (8) feet from ro er life. Mountain View One sign per lot. 2 faces Max. height is 30 feet. Max. sign area Not in street public ROW. No sight No flashilg signs. is 150 ft2 per face. ~ interference with motorists or peds. Palo Alto 1 per frontage and one • Mii. 9 sf. Wholly on owner's property. No light bulb or additional for any portion of .Max. ~67 sf. filament shall Ue visible frontage u1 excess of 250 ft. . Mir. Height - 12 ft. from the front of the • Max. Height - 25' sign or from beyond the property line. A SEPTEMB 5, 2009 P. ' 5 OF 6 MATRIX OF SIGN ORDINA1~iCES -GROUND SIGNS Pasaclerra One sig11 per 200 feet oI • 1/2 sf per lineal frontage up to 40 sf • 5 feet front front and side properly lines Same as wall sign. property frontage or 250 feet max or 1 sf of lineal property frontage and 10 feel- from driveway. of property fi•ontage. up to a max of 150 sE depencli~g on Z011C. • NOt lln COrlner tl•1ffingle. cg feet l0 20 fCCt depelldllng OIl • Mlllllllll111 250 feet betwe(:11111011Li111en1 zoning signs on same site and 30 feet from another 1110nLllllellt Slgl1 On another property. • 50 feet from residentially zoned property. • ~7 te118ntS 111aX. IZedzoood Crty • One per parcel. • Maximum Height - 15 ft On private property. None specified. • No circunnstances more than • Maximum Urea - 150 sf 2• • Maxilluln width - 10 ft Sari Jose • 1 sign per lot with > 100 ft. • I-Ieighl: sign area divided Uy 4 • Front sclbaclcs: All forms of continuous • 2 signs iI frontage along a • Maximum I-Ieighl = 20 ft. 4 ft., sign < 6 ft. lighting allowed: neon single ROW is > 500 ft. • Area: 1 ft2 per 5 lilcar feet of street 6 ft., >6 ft. <10 ft. tube, external, internal, frontage. 10 ft., >10 ft. lneigllt & halolightilg • iviax. area is 1.ZU ft2, Luliess next to • Slde & rear setbacks: 2511. res. District, then 40 ft2 Sarrta Clara 1 per lot with mi11. (Il?) street • 7 ft. high, 6 ft. i11 width front W1lolly Oll property. I.11111tat101nS 011 No flashing signs. No frontage. 1 ad.clitional for each adjacent curb., max. area 60 ftz when encroaclunent into public ROW glare on adjacent adclitiona1300 f. setback is 4 ft mi11. from properly Ii11e properties. • 35 ft. max. otherwise Srrrur~vale • 1 per lot. • 50 ftZ setback 1 fl. Not in corner vision triangle No flashing signs. No • 2 if lot has street frontage > • 60 ItZ setback 10 ft. exposed neon. 500 ft. • I-Iei~ht 10 ft. • ~1 tenants max or • I-Ieight 25 ft. (LCR) • 3 tenants and Center name • Copy height max. 20" SCPTI;MBhR 15, 2009 PAGh 6 OP 6 cIT1~ of cuP1=RTI~o Attachment G DRAFT SIGN ORDINANCE ___ REVISED 10/15/2009 BLACK AND STRIKEOUT -Language has been consolidated alto table (e.g.zr-y~.:~'-,„~ ~~g^ RED AND STRIKEOUT -Language has been deleted (e.g. _ ~. __ .-.~_ _ _. ,_ .) RED AND UNDERLINE -Language has been added (e.g. - _= aae --_ ~a~ c~ce:-, ~,~~_.;) BLUE AND STRIKEOUT OR UNDERLINE -Laub age has been deleted or added per City attorney reconunendation (e.g -- __ .-.-__-_ _-- ____.-- _----____.-- - -: _ -__-_--_ . - r ,, T~ ~ ~ ~~~~~ Text boxes in the margins indicate ~~=hy changes have been proposed 14-68 City of Cupertino Draft (Revised 10/1~/09j 2 ORDINANCE NO. 09-20XX AI~T ORDINANCE OF THE CUPERTINO CITY COUNCIL AMEi~?DING TITLE 17, SIGN ORDINANCE, OF THE CUPERTINO ~1UNICIPAL CODE. THE CUPERTII~TO CITE' COUNCIL DOES HEREBY ORDAIN that the follo~~~ing sections of the Cupertino Mulucipal Code shall be amended to read as follows: TITLE 17: SIGNS Chapter 17.04 General Provisions 17.08 Definitions 17.12 Administrative Procedures 17.16 Exempt Suns 17.20 Prohibited Suns 17.24 Sign Regulations 17.32 Temporary Signs-Regulations 17.44 Sign Exceptions 17.52 Compliance and Enforcement Prior Ordinance Histor~~: Ords. 746, 894, 1208, 1320 and 1414. CHAPTER 17.04: GENERAL PROVISIONS SeCtI0I1 17.04.010 Short title. 17.04.020 Purpose and intent. 17.04.010 Short Title. - ~ _ - ~ ~ _ _ = --- -. ~ .- _-- Chapters 1%.04 through 17.54 of this title, steal-1 hereafter be known and cited as the "sign ordinance." (Ord. 1624, (part), 1993) 17.04.020 Purpose and Intent. - -- _----._--:',.: ~.. ___~_' _-~ .~.__-__ -__ __ _ __ _ ._- The purpose of the sib 1 ordinance is to identif~~ and enhance businesses ~vlule mailtailung the aesthetic appearance of the City-. 14-69 --- Cite of Cupertino Draft (Re~-ised 10/1/09) 3 B. - _- - .- -- A good sign prob•ain will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community. -- _ __ ~ _ -_-- - -_-__-- ~~7T ~~^."TTC~-~T;"C't .7 t- t "l~'C'_ _ i•T'~TC~7'~~._ C. ~.T~,•~-r-~.~===-~=~,,• he City has adopted tl•ds title - t `~ .- -==t~=c:={: gill L: :iT, t0: 1. Provide architectural and aesthetic harmony of signs as they relate to buildn1g design and surrounding landscaping; 2. Provide regulations of sign - - ~ ~ ~ and quantit~~ which ~~%i11 allo~a~ for good visibility for the public and the needs of the business while providing for the safety of the public by niiinizulg distraction. to the motorist and pedestrian; 3. Provide for sib 1 regulations that ~~~ill be compatible with the building, siting, and the land uses the signs are intended to identify; 4. Provide for maintenance of existing signs and a program for bri11gu1g nonconformuzg signs into conformance with the standards of this title as changes are made to the signs or businesses; ~. Provide procedures ~~~lich will facilitate the efficient processing of sign applications; and 6. Provide design criteria ~~~hich ~~~ill promote attractive and effective sighs for Cupertino residents, busilzesses, employees and visitors. (Ord. 1624, (part), 1993; Ord. 1987, (part), 2Q06) CHAPTER 17.08: DEFINITIONS Section ~~ 14-70 Cite of Cupertino Draft (Revised 10/1,/09) 17.0.010 Defintions. 17.08.010 Definitions. 4 "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes `vlich displa~-s or promotes a particular product or service, but without name identification. "Alteration" means any permanent change to a sign. "Animated sig11" means anj= sign jvhich projects action, motion or the illusion thereof, changes uztensity of illunination or changes colors, including the likes of balloons, balulers and flags, and blotiving or air-po~ti~ered attl•actions, but excluding electronic readerboard signs and signs that display the current time or temperature. "Architectural projection." means any permanent extension from the structure of a building, including the likes of canopies, awnings and fascia. "Baluler" means a temporary - ----- - - --- display consisting of fabric, canvas, plastic or paper material t~%lich is attached to a buildu1g, vehicle, pole or other form of support - ------ - - --t-- - --- - _ .-..- ------_ -~-_ -- ~luC~'~ r':Lh. at~a~1-!t'u :~~ d C'LLi.t~::i_ ~~,.:~L. rtG7c...1CC. 31~ ~L~r;= vI a1~~;~.C ~ i~ri r1lC C=.Ci>;Cii_c~. "Building frontage" means the length or the surface of the building ~ti=all ~vlich faces, and is visible to the general public from, a public right-of-ivay. "Changeable cope= sign" means an~~ sign, or portion thereof, ~~~lich provides for each manual changes to the risible message ~~-ithout changing structural surfaces, including the likes of theater marquees and gasoluie service station price signs, but excluding electronic readerboard signs and signs ivlich display the current time or temperature. "Change of face" means any changes to the letter std=le, size, color, background, or message. "Commercial district" means an area of land designated for comrnercial use in the current Cupertino General Plan. "Commulit~= organization" means a nonprofit organzation based ilz the City= and whose actin=ities benefit the City, its residents, emplcn~ees, or businesses located therein.. "Corner lot" means a lot situated at the intersection of t<vo or more streets, or bounded on t~vo or more adjacent sides b~7 street lines. "Cosner triangle" means atriangular-shaped area of land adjacent to an intersection of public rights-of-~ti=ay, as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-~. Unobstructed vie~~~s over these areas are essential to the public safety= for bic •clist t •' t d d S 4 d~ ~ _ - ~_. y s, mo oils s an pe estllans. (ee ~ peen lx A--, Cupeltlno Standard Detail 7-2; Corner Triangle--Controlled Intersections, and A-==, Cupertino Standard Detail 7-4; Corner Triangle-- Uncontrolled Intersections- - -:-. - - - - - - ; - - _ _, - - - -- - - - - --, --- - - . -- - - - -- - --for details.) - "Decorative statuary" means any structure or device of any kind or character placed solely for aesthetic purposes and not to proz~lo~e am hi-oduct or sere-ice. is-~~ _: Cite of Cupertino Draft (Revised 10/15/09) 5 IC~~ Zc;liial ,1c~, t'i~.~t"iltIlt v.l1i; l;~ C.:II~~ l11`ui• ~ '1. '~t rd1l. ',: ~:chr~.1\ ,~',t :lailic 1u "Directional sigh" means any sib ~~~l~ich Primarily displays directions to a particular area, location or site. "Director" means the Director of Community Development for the City or any authorized representative thereof. "Directory sign." means any outdoor listing of occupants of a building or ~ oup of buildings. _ "Electronic readerboard sib 1" means an electroluc sign >sztended for a periodically- changing advertising message. "Flag" means any fabric, banner, or bwlting containing distinctive colors, patterns, or symbols, used as a symbol of a go~-erlunent, political subdivision, or other entity. "Flag lot" means a lot having access to a street by means of a drive~~~ay or parcel of land not otherv,>ise meetiTlg the requirements of Title 19 of the Cupertizlo :~luiucipal Code for lot ~~-idth. "Foot-lambert" means a ulut measurement of the brightness of light tI-ansnutted thu•ough or reflected from an object or surface. "Freeway" means any public road~ti-ay so designated by the State of Califorlua. --- _ _ -- -- :-_---~- - --- ___ __. .- _ _ - -----_.__ _ -_ _ . _ ~ _T "Freeway oriented sign" means any sign. which is located ti~%itlun six hundred sixty feet and visible from a freeway right-of-~~~ay as defused by Section 5200 of the Califorlua Business and Professions Code. "Garage sale sibzs" means any sign used for advertising a garage or patio sale as defined u1 Chapter 5.16 of the Cupertino'~~lunicipal Code. "Gasoline service station" means any place of business ~~~hich offers for sale any motor vehicle fuel to the public. "Ground sign" means any sibs permanently affixed to the ground and not supported by a building structure. _ __ -__ , - - "Identification sib "means any sign whose sole purpose is to display the name of -: the site and the names of the occupants, their products or their services. "Illegal sign" means any sig~1 or advertising statuary tti~luch vas not lajvfully erected, maintained, or vas not in conformance ~~~ith the provisions of this title in effect at the tune of the erection of the sign or advertising statuary or ~~-1uch ~~~as not installed with a valid permit from the City. 14-72 City of Cupertino Draft (Revised 10/1/09) "Illuminated sign" means any sign utilizing an artificial source of light to e1~11ance its visibility. "Industrial district" means all ML districts and any- other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Informational sign° means any sign ~a%luch promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous ~%~arnings. "Institutional district'" means all BQ, PR, FP, and BA districts anal other zolluzg classifications and uses which are considered institutional in nature and are consistent Z~7ith the institutional or quasi-public designation of the general plan. "Interior lot" means a lot other than a corner lot. "1~onconforming sign" means any sign or advertising statuary that vas legally erected and had obtained a valid permit in conformance `with the ordinance in effect at the time of the erection of the sign but zvluch became nonconforming due to the adoption of the ordinance codified in this title. "Obsolete sign" means ai~v sign that displays incorrect or nusleading information, promotes products or services no longer available at that site or identifies departed occupants. "Off-site sign" means any sign not located on the premises or the business or entitt% indicated or advertised by the sign. Tlnis defilni.tion shall include billboards, poster panels, painted bulletins and other sinnilar adi-ertising displays. "Office district" meads those buildings or groups of buildings for ~~Tlnich the permitted uses are professional offices, is within an OA zone or ~~-lnich are designated for offices on the general plan. "On-site sib n" irneans a sib n directing attention to a business, conunodity, service or entertainment conducted, sold or offered upon the same premises as those upon ~~-hich the sigh is maintained. "Perunant" means any lightweight plastic, fabric, or other material, ~ti~hether or not containing a message of any kind, suspended from a rope, wire, or string, usually In a series, designed to move in the wind. "Political sign" means a temporary sign that encourages a particular rote in a scheduled election and is posted prior to the scheduled election. "Portable Sib -~ or Displa~~" means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, t7oiver carts, statues, and other similar devices used for advertising as determined by the Director. y 14-73 Cih~ of Cupertino Draft (Revised 10/1/09) g "Site" means a piece of land as shown on a subdivision map, record of sur~~ev map or assessor's parcel map, ~vhuch constitutes one development site and which may be composed of a single u7ut of land or contiguous units luzder conunon o~vnerslup, control, or development agreement. "Special event" means a temporary promotional event includiszg, but not linuted to, a special sale on merchandise or services, or grand openings. "Special Event Baiuler" means any temporary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will ~~~ithstand exposure to wind and rain without sigzuficant deterioration., aszd c%-hick does not require a building pernut for its construction, or installation outside of a build>slg. "Street address sign" means an~~ sign that displays only the street address number(s) of the site and, at the option of the property oi%~ner, the street name. "Street frontage" means the length of a site along or fronting on a _ ~ ~ _ T_. street or other pruzcipal thoroughfare, but does not include such length along ._ an alley, ~~Tatercourse, railroad right-of-tivay or limited access madwa~T or free~~-a~-. - __ "Temporary Sign" means any sign, display, baruzer or promotional device ~~~luch is designed or intended to be display ed - onlj% during the a11o~~-able business hours or for - as specified by the Director of - Community Development. - - ~' "Trim" means the molding, battens, cappuzgs, nailing strips, lattice and platforms _ ~vluch are attached to the sign. "~%-shaped sib Zs" means any sign consisting of t~~ o vertical faces, or essentially vertical faces, ~~-ith one conunon edge and which appears as the letter V when vie~~°ed directly from above. "~-'ehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as havuzg a valid license plate. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior ~va~ll of a building with the exposed face of the sign parallel to the wall. "y-1~indoty sign" means any sign displayed in or pail~ted on a ivindo~v facilzg a public street, parking lot, pedestrian plaza or ~~~alk~vay accessible to the public. Displayed i11 means a sign that is clearly intended to be visible from an adjacent street. (Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) CHAPTER 17.12: ADMINISTRATIVE PROCEDURES Section 1.7.12.010 Conformity with pro~jisions required. 17.12.020 Pernut-Required. 17.12.030 Signs requiring Plazuung Conu~ussion revie~~ . 14-75 Citt~ of Cupertino Draft (Revised 10/1/09) 17.12.040 Application-Form and contents. 17.12.060 Application-Review criteria. 17.12.070 Sib modification-Authority. 17.12.080 Permit-Issuance by Building Division-Installation itformation. 17.12.090 Appeals and exceptions. 17.12.100 Ilzspection requirements. 17.12.110 Sununary of application approval process. 17.12.120 Revocation of sigh approval-Authori~-. 17.12.130 Growzds for revocation. 17.12.140 Hearings-Notice. 17.12.010 Conformity with Provisions Requu•ed. 9 It is unlawful for a sigh to be placed, erected, moved, reconstructed or altered unless made to comply tf,~ith the provisions of this title. (Ord. 1624, (part), 1993) 17.12.020 Permit-Required. All signs ~~~luch are not exempted by Chapter 17.16 require a sibs permit to be approved by the Director. The Director shall review and submit to the applicant a decision within thirty calendar days from receiving an application for a sib1. (Ord. 1624, (part), 1993) 17.12.030 Signs Requiring Planning Commission Reviet~=. Electronic readerboard signs and freeway oriented sibls shall require approval from the Plaiuling Commussion prior to the Director issuing a sign permit. --- :- . _- _ In regard to these signs only, the P1aiuZilg Conu~ussion's decision is final unless appealed in accordance with Section 17.44.080. === : - - ~ - _ .._ __ _ _ _. _ _ _ .. _ -- (Ord. 1987, (part), 2006; Ord. 1.624, (part), 1993) 17.12.040 Application-Form and Contents. An application for sigI1 approval shall be made on a form. specify-ilg t~%pe, number of exhibits and fililg fees by the Director and shall be sib zed by the property owner or a duly authorized agent. The application shall contain information regarding the size, color and samples, illunullation intensity and type, materials, number, location, t~~pe of signs, and the location of the business on the site and any other additional information as may be deemed necessary by the Director. (Ord. 1624, (part), 1993) 14-76 -: CitZ~ of Cupertino Draft (Revised 10/1/09) 17.12.050 - - _ ,.. ~~ : ~.~" P~~ e'~-~- =~e-r T --,--_ 10 (Ord. 1624, (part), 1993) 17.12.060 Application-Review Criteria. The Director, Design Revie~~= Conu-nittee or the Plaiuling Conulussion, as the case may be, shall review the sibs application to ensure: A. That the proposed sib z meets the requirements of tl-us title or any special conditions imposed in the development by the Plazuung Conunission or Cite Counci]; B. That the proposed sign's color and illumination is not in cortiflict i~~ith the safe flow of traffic on the City streets _ ,__ _. (Ord. 1987, (part), 2006; Ord. 1624, {part), 1993) 17.12.070 Sign ?Modification-Authority. The Director, DesigTl Revie~~= Comnuttee or Planning Commission, as the case may be, shall have authority to require modification of the sign to ensure that it meets the criteria stated isi Section 17.12.060. (Ord. 1987, (part), 2006; Ord. 1624, (past), 1990 17.12.OS0 Permit-Issuance by Building Division-Installation information. Upon approval by the Director, Desigzz Review Conu~uttee or Plazu-ti~zg Conu~iission, as the case may be, the applicant shall obtain a bui.ld.ing pernut. Additional information related to the building code may be required by the Building Official concer~ung the ilstallation of the sign. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.090 Appeals and Exceptions. ----- -=pplicants who wish to appeal adecision - _ the Director, - ~. _ -the Desibl Reviez%= Comnuttee or = _- .: -the Plaiuung Conu~ussion or _ivho wish to apply for an exception• shall do so under the provisions of Chapters 17.44 and 17.52 of this title. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.100 Inspection Requirements. A. A person erecting, alterilg or relocating a sign shall notify the Director upon completion of the ~~-ork for ~vluch pernuts have been issued to ensure that the sibs has been installed as specified. 14-77 ~I ~~~I Cih~ of Cupertino Draft (Revised 10/1~/Q9) 11 B. The Building Inspector or Planner shall have the authorit•~ to review the light intensit~~ of all illuminated sibzs with the power to require reduction of the light intensit~~ to ensure that the sib z's illumination does not exceed the illumination standards as regulated by Section 17.24.190. (Ord. 1624, (part), 1993) 17.12.110 Summary of Application Approval Process. Appendix A-l, Sib z Application Approval Process Flow Chai-t, -- ---- -_ --- -= -- -- -- -_-_-- _ _ _ . - _----_ -_._ _ --_--._-= sunurtarizes the application approval process. (Ord. 1624, (part), 1993) 17.12.120 Revocation of Sign Approval -: -.--=;=T. _,_ i 1,. ~ ~~ ., ., ..' Cc=iTii^~"'~7'c"7'Rr='. :i .c-~:'-.. . .-'e .. ..'i--c~~'7[t~e--_ ~ t 2^~:e-:~'1--i-+--^ `C.=T^~"7Y-- .~i. Tl1e .~CL~~1~'I- n1?t~ln~ L~~~u'~ t~1a: ~~rl~~il-ir1~1 .'.L~C''~~'\ ~~ .11C ':~'Ti L~t:i-. ~~`I-l~'.::t'ictii 1CI ri'~ C~~dt_1:~T1 ~h.ail ."ld~ C talc c: Ulll+r':i'•, tl.! Ic `~ ~-~}.c ]i - - _ : _ --- - ---= on the basis of one or more the followv1g grounds: --- _ Fraud or nusrepresentation by the applicant ~^~ith respect to any information contained in his or her approved application or ~~~ith respect to any other il-~formation provided by the city. Failure of the applicant to meet or abide by any condition izzzposed upon approval. Failure of the applicant to utilize the approval within one ~-ear of its issuance. _~ = Abandorunent of the sibs for a period of thirty days. (ord. 1624, (part), 1993) - -- -- -- . ~cl~. ~c-eu ~1:- riorto-~;-~== -- :~_~.-~~.~ _,: ~___..-. -. -,. _ - -- - -_.~_.: -.- .. _ --- __~.-. _- (Ord. 1624, (part), 1993) CHAPTER 17.16: EXEMPT SIGNS Section 17.16.010 Certain signs exempt from pernut requirements. I -r :, ~, 14-78 Cih~ of Cupertino Draft (Revised 10/1 j 09) 12 17.16.010 Certain Sib s Exempt from Permit Requirements. The folio«=ing signs do not require a permit from the City, providing they comply Zvith the following regulations: A. Directory Sibns. Directories located ~~%itluzl the interior of a project which are not oriented to a public street; B. Garage Sale Signs. Garage sale signs subject to the mutations u1 Section 17.32.030 and Chapter 5.16 of this code; C. Governmental Signs. Goveriunental sib ns for control of traffic alnd other regulatory purposes, street signs, danger sibns, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safeft~; D. identification Signs. Identification sibns for a business or profession ~vlnicln are not illuminated, and ~ti=luch are less than tt~-o square feet in area, located on portions of a building, shopping mall or office complex; E. Ilnfornnation Suns. Informational or directional sighs ~1=hich are located entirel~% on the propert~% to which they pertain - _- -- ---~--._ _. ._~:-~- _-= =__---~_-__.-- and are less than four square feet in area . ~; C ~, ~;..; . ; ~?~ ~ , ~: ;~ = . _:.:,. ~u ~ ; F. Temporary Political Signs. Temporary political signs subject to the linutations in Section 17.32.040; G. Public l~otices. Public notices or posters as legally required by a government agency=; H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs, subject to the linutations in Section 17.32.060; L Sale, Rent or Leasing Signs. Sale, rent or leasing sighs subject to the linutations in Section 17.32.070; J. Street Address i~TUZnbers. Address numbers in all districts, providing they are not meant as an advertising mechanism; K. Logos, Symbols or Insibuas. Logos, symbols or insignias, connnnemorative plaques of recognition and identification emblems of religious orders or historical agencies, provided that such signs are placed on or cut into the . . _ . ~ -- - , . -are not internally illuminated, and do not exceed nine square feet in area; L. ~-'Vindo~ti% Sib ns. Window suns subject to the limitations in Sections 17.24.090 and 17.32.100. One "OPL-~I" sign n.ot exceeding tt~-o square feet and of any material may Ue placed in a ~~=indo~v ~~~ithout penalty towards ~1~indo~~- coverage linutations; M. Bus Shelter Signs. Signs installed in Santa Clara Count= Transit AgencS% bus shelter. s; N. Civic Event Sib is. Civic and/or Cit=-sponsored ez%ents sibns on City property; O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including state lottery and certified smog station signs; 14-79 ~ City of Cupertino Draft (Revised 10/1/09) 13 1 1 C~:C~iiiM1-: `'1"C:iicu L~ldut ~:~ri7~. .3~ic =i: :iidi dlc ilvi ~liter'I,.ai1~ ili`.li:~:1'laIE~<. _ _1~ ~:~ ~~ ~!-~all l`~ iC'_'~ lczIl - - ~.a:.1L .CC"i ~1l 4ICa ;u ~ _c~. ..1 - _'c(1~~ CC11 e:_r?i IeC'. 3:'i~ I1~ el\ t iet'l w~~l'\ t C''CLC_'_' I': t1 aj~i~ c, (Ord. 1987, (part), 2006; Ord. 1720, (part),199C; Ord. 1624, (part}, 1993) CHAPTER 17.20: PROHIBITED SIGNS Section 17.20.010 Prohibited signs designated. 17.20.010 Prohibited Signs Designated. The follo~vizlg signs are not permitted in the CitS~: ~'~. Advertising Statuary; B. Animated Signs. Al~imated signs except for balulers, flags, pelulants alld balloons permitted on a temporary basis as regulated in Chapter 17.32, and electroluc readerboard signs as permtted in Section -------- _ _; C. Audible Signs. Ads=ertising displays ~~%luch enut audible soulzd, odor or visible matter; D. Off-site Signs. Any off-site sign except as may Ue permitted i11 Chapter 17.32; E. Portable Signs . -. _ ` - ~ - - F. Poof Suns. And- permanent roof sign; G. Traffic Conflict Signs. Signs which because of color, wording, design, location or illumination resemble or conflict with anv traffic-control. device or with the safe and efficient flow of traffic; H. ~%elucle Signs. The parking of any vehicle or trailer, on either public or private property ~ti~hich is visible from a public right-of-~vay, ~~=hich has affixed to it a sign ivluch is intended to attract or direct customers to a business on or near the property is prohibited. This subsection is not intended to apply to standard advertising or identification practices ~~-here such advertising displays are painted on or permanently attached to a business or commercial vehicle which is activel~T being used by the business unless the vehicle is in violation of the parking ordinance ___ _ - _ . ~ - (Ord. 1624, (part), 1993) J_ .! r -~ 14-80 Cite of Cupertino Draft (Revised 10/l~/09) CHAPTER 17.24: SIGN REGULATIONS Section 17.24.010 Intent and applicability of provisions. 17.24.020 Sign program -- -- - - - -- ---- - 17.24.040 Sighs in special plaiuullg districts. 17.24.00 ~~~all sighs --- ____ - ~ - - _- - - - . -- -- T .~ ~ - u~~~ ~-^.-~.v~~--~ezzxi~a-ce3-lr~-c=rt~^-~~ z~: ~~ i n T 1 ~~ ~,+ a r- ^ran-T/~---~s-6~-i~d-~~~c~Z-rc~-vr-r7~~-- r cn--trcti~tx- Y-:'.? T~tn~-~zvsrr~~b ~S S~~ ~.'i-~--1'zz~i~~ ourr~ T f~ Y-''-~-Z~~~~e~-li-Qe~e-~-E~~~ct-- T' ~ ~-~1- ~-o~d~~=~~as~ 1-7~~~8--~na:T~~~e-eep~- ~---~- 1-~ 1 vi~~.L'14 - 1 ~~,I_ L+G?L~I~:~1C ~TGrI. i =il^ 17.24.170 Free~%=ay orientation. 17.24.180 Design criteria. 17.24.190 Illununation restrictions. ~~~~ onn n +:. ,- ~-.+-~r. ~-vo-z E`cE~ 17.24.210 Obstructions prohibited. .~ ._'~ ~ ~ '- r '- ~ y •~ . _. 14 - 81 Citti~ of Cupertino Draft (Revised 10/1/09) 15 ~ ~ ~~ ~ -,I a;,-+,-;,.+,. rent-ni,,,,r1,n»~-sa~r,+;~;.--,+;,,,, ~~- _ ' ~ , . 17.24.250 Construction and maintenance specifications. 1724.260 Suinmar<T of regulations for signs according to districts. 1'7 7.1 '7-(~ Rn ..1~ r~nr rn~a v~~r~~r rim~r_ 17.24.010 Intent and Applicability of Provisions. The regulations in this chapter are intended to govern the number, size, location and design of signs within various land use districts of the City. (Ord. 1624, (part), 1993) 17.24.020 Sign Program-~~--: - _ _. - A. __ __ _ _ ___ All developnunts in a connlnercial, office, industrial, institutional, or residential district _ !^_~___„ ~ _____` ___ ___, _ _ shall adopt a comprehensi~Te sign program _~~~ur:_'c ~rrarl~ i±-~ ai,,~ Cr~arC :_._,~ ~_.. i__ _ ~.Z~I'eP.i ~ _ ~ ~ ... ~^~r.=i~~^c' ~i-Re t t4 j' ~- x ~-~ t.~ , j~-^c't=i= . ...'. C - . . ., ~ ~ . ^r .._ ~ ~ .~ . .. `. _ =. The adoption of a sign prob•ann shall be required at the time of the initial construction of a new project. Existing developments in the City which do not have a ~. comprehensi~=e sigh prob^am shall be required to adopt one «~lnen the first tenant in the project requests a chainge of face as defined in this title. Thereafter, all subsequent changes of face in the project shall be required to colnfornl to the adopted program. iC ,7•i:1- G ~ - 'r~`._i ~ il. .,, :? T .:ai tl. :I :L' 'u Cu~`I - ~i .~i, ..: ~'?~iLG, "! L~!'~i t+4li .~1= C?~C :•.~'1 1 - ~ur:~i~ ~~~. :'i 1'i ~'1 ~c - ;!~~1S.ii_ UiC ia~.?.I:i 1-i ir'f hlllllilIl~~ L'ai~i. _ - l~ - -- ' ~~~nl~ "Iaa~tn Cf ~ll: l r~ '^~' cu i~:G 1ii ~ti1I7~ i~~T ~7=I'I and the '•I~';~, r•~~ I:---~1I;1':..:i ~d ~': lI1QI` :uuai =i::in- lOl',c~1 :r.a?.iII?~nl .~:,1 - ca 11~'t',c• - - -r~. = Specifications t~-ith regard to: a. Sigh type (individual chalnlnel letters, j~~ood signs, etc.); b. Llglntlllg; c Location of each sign on the buildings; d. Materials; e. Sib n proportions; 14-82 Cite of Cupertino Draft (Re~-ised 10/i~/09) 16 f. Any other pertinent information as required Uy the Director. - _. .u~twut, Lac c1Lli:,Ci~.. ii,G~ .',L-L i~\ C G ~iti. ,I ihC -1.~~',, .rl, r.n,'~~,-~~~ are II~:~,~e - - ,_ 1 i?t '11;;i~ ~'lv=I~±IlI LL'-Illj.'-11C~ \litll LriC Lt1r1~1'~r iii 't~~'~:i ~ lCi f~I ~~t`~~~c~ _,_n.~ ~C ~:CGi:, c :::i'~ drt 1?1 hd.-.?i~~^ l°, 'ii~+. rC~ '~'~t' c.Cr~:~? VL~?C?_1t:I 14~" Jl:iC C li_ .~~~'l~ Ci~~ '~IC. - ~ ~~C'I~~h: l_:1 G:C~ L.r~'41~C ~.i C':_- ~I~'iu C~,i,.1 i,l i~ a .i _1~ ~:C~ iCC L~~I 1.~i 1G X11 `t.: it l'I '. 111` tP.II~t'7iC~` ~L'lllt a.`lu °:f"'isli~l'•ttiilllC=.~ _ ~ 1t.C= i:~=f i ~,~t141-I1. ,`-•', I~G'1.~'i ~l LF'Sd.rclL lC'I t~rL?:1 .`_'. ~-l tj•IC II~iC1~7i11dtl \~' i1:+~ c1 Lt~~lii (Ord. 162?, (part), 1993) ` `l. " "'~ + ~- ~ , 1 , i - -- ~ -. iii i ~} ~; " ~ ~, --- - ~ r i ~. ,~ ~~ ~.---Tc9ta ci -~ -- -- ~ l +l l ' l .a ' ~~ ~ ~ ~ ~ ' ~ _~ 14-83 Cite of Cupertino Draft (Re~-ised 10/1/09) 17.24.040 Signs in Special Planning Districts. Any business regulated by the >\'Ionta Vista Design Guidelines, _ . _ _ or ant' area regulated by a specific plan shall be subject to the sib 1 regulations contained within those plans. ~'-C~ic.~ w_`i ~' ~ i:li `1w. _C _Iti~ 1 }- _ ice= r ~~'jf l (Ord. 1624, (part), 199 ~) =7~~YJ'.717'~'FTT~'I~ •~ Y~~I"L'tIITT~7C~-r"pl~~C 'ice TI ZZZZSZTCCA. 17 t , .. ~ i ,~n,~ Ott 1 L i 1 t'~,,,t ~,»rr• IILi2SLTI1 b Y t i ~ - n ~-t'~~r'. n rkr.~ k ~ nf• n , 7 {. 1 _ ~. ~ vy .~~ t,~~~~ ~ ~ r ..,. , , ~~ ~n non tn~.,tt c;,.., i ~ ~,,.,,,,,,,,.,-;,t ....a T~a.,~r.-..;.,t r~; ~,-..;~~,. ._ ~ ,. ' x t ~ ~ r t .. ~ ~ c _ ~ ~ ,. ~ _ ~ 14-84 Citt- of Cupertino Draft {Re~~ised 10/l~/09) 18 - ~-. ~ _ ~ _ _ ~ ...... ~f, - -ct ~-R' .'__: c-C" ~ ~'f'i'II] 7U'~ ^t;7 7TC-"[ ~ T] Yt [ _ - ~.1 CC C _ - _~w.~l1--ass _. .. i1 1, 1 i1~' _ _. `. _. _ r1 _1 ~ _ ~.. ~ ~ ~ ~ c b c7 ~ ~' ^ _ ~ r ~ - -, ~ - ~ ~ +l~r Tel-, i-1„ r- -.+ F„ ,1., ~..~ ~ ~..~~u,~l,~ ~~Yu~ ~ ~ + - .- • b i7 }l,ri~iczl,t ~ni„- r.t ,7:.......~1~. -;1,1., ?~T,,,,,, 1;,r1,+;,~~- ..1,„a.l.,,,.. ., ~.] __~_~_ 7 a- ~ -cam-+?~ ~4=ii~:£'`cT27vrc=~ 8 ir-c ~ c ±it-c _ r'~ 14- 5 -~ .. Cif' of Cupertino Draft (Rey°ised 10/15/09) 19 • ,- ~ - , r .+ `.~ ~ , " b b ~ b e~Eee~~ n ~nn+ ,,,a_~l,~ll , ~+ n,.,-~na ~nt- - ~ n„+„ ,. „+ n+ +1 - ~,. +1 b ------- ----r ~• - - ...:a::i-zu _ ; ta -'tr - ~ " -' '-' c=-~ - _ . .. .. :. i . . a .... , _ c ~- - - - a _ ~ t ~ t 't ~ ~ , + ~'i C i ~ 1~ ~ YC t" 1TI 1-i"! C-[' '~ C7-C'~ _ ..- . . _. _ _t.-=~-';~c-i-~ . -" ate,- 1 1 1 _ {tea-r°~Z ~,-+~ "I QQ~~ T L .+ - ~+ . t ,L„r, ~~ 6-r-~-,~ ~ -,~T+ ~-•~~fTt iG~~z-c ~rcT '~~cc c-~r~~c~ii~rr: -Tip -+ 1-axi ~si.~ r~ 6~e3~E'z+=r r n, nl n F +1, ., 11 -1-. ' 1 ' ~- j_ L ~. _ .. _ u ~ ~ .~. T .L L - ~-. 1 1 - ~ L L L L ~- - - ~ ~~ ~~~ i f o ~~ r r 1 r •L L• b b ~ , L .~ G .c 1 ' L .~ + .. i '~ -- . - , r , ??.?Z.p7~OTCTSICAZLCZ7 C'IA T~TZITRVTf-~2~ S ,a,~ L L ' L ^ ^°^ r ~ Y .. ~ ~, ,-+ „C +1,„ ., 11„1.,..1,1„ T ..11 Y~.~ ~ '~ I L ~ _ , '" y y ~ '~ ~ ... ~ ~ ~ s r.. ~ L b - `- ~ ~. 1 bl _ . ' b b ~~-=TC~r-c~r, ,era' ~--rrr-i~E3~r _ ~ ~ _ ~ 1 14-86 Cite of Cupertino Draft (Re~•ised 10/1/09) 20 1 „ ' l + ~ ~ ~ r.~~~2~~'~~ 'ZT ['cTf TS,~..T~C" ~. Y'e"Zf ~ t'q4-'C~ 3t'"~~ u~ r / _ I -- / 1 ~~~-gee ~~ ~-1 ~~ ~ ~~ ~ ~; ~ ~ r ~ . a e~ - ~ - ~ - + r r b ~~ 1 _ -,ll,,,.,,,,a ~ ~Y ~ , ~-Ti-rc--~n~`-'~H~hrrrcmr2=-O~'czl-rm-r'4cc-cizcci ~mir~-cr~~-c ' • •; +1, ., x,1.1 -, +; ~ b b c7 + L r l7 1 ~ ~ - . b _ ~ ` b - - ,~ ~ n,.,,-„ rl, ~. ,~, ^~L~~d~;~~e~0-.r-~z`'i-~i~-rcc-~c-r~r-+L-~rresil~~- /(l,•a 1 ti7.1 /.~-„-+\ 10021 ~.~~..i. is r r ._ ~ r ~ _ ~ '~ '~ ~ r' a _ it - + +; ~; _ ~ ., ~ r , ~ Eii-~?" ~Ei.=z=r i~l-rc- ~rt3' ~ ~-~~~e-~ ~T ; +~~6-~ ~ +~~E~-rr+rr-c-~rs-~sr-r-crrli-r£~ ~'r~c'i~+-~' -''z-~-i=re ~s-~~~C ~1'rG-rT ~ 7 f 17 /1---~z-v-r-yR--e Ercz- 1 + •1 ` ~ ~- ~ ,. ~ . 1 1 bb b b b b ' i . ~.u iurz .. l ~ n ,n 1 ~ b b ~,. ~ ~-ri'=re-'t+i'it'C-~-E~~~e-~ + ('1 1 F~Tl,~~z'--=a=~r~ i~,`7.3+a~rrr-r-~roT~~~rrcpr~ t '1 L' _ ~ ~ _ ~ ~ r ~ ~ Tl, ,, l.,r.-.+; ,,., i~l ~ , 'd i~1 ' 1, 11 ' ~Z ~ TC ~ ~''3 'r ~~3~'~ c ~-r-~- - t.. ,1 1 ~ ~~... ~.~ grail ~~ i. ~~v czrcczr -vrr. + 1 C ~ b ,x,1,1;,. r ..1.+ „G r r '~ _ 1 _-. 14-87 Citti~ of Cupertino Draft (Re~~ised 10/1/09) ?2 ~ _ b - - b x..17 ,. , . ,; ,. r, ,-,-; +!„-; -. b ' . ~ ~ ~ y 1 L ~ ~1 „ b~ + a b. .. _ _ . cir. ~z E~-isii-~~~e-~iztc~~r+'i-ce~~-+rir~~~ a_ ` ' ~ '~ ~ 7 1 ' - b b . -- + - i• ~ ' ~ ~ ~ ~ ~ 1 .4 ~ 1 . 1 1. _~~ ~ _ .. 1 L ~ y ~- ~- - 1 1 i 1 u , ~ ~ ~ .~ ~~ Jul.-r7 1 ~ '1 1 /,-,.,,-+\ 1 QO~1 b i ~ ~ .Its-';1 - PEIiIlaP.E:li ~~\ ".d0~1 ~' ~11~, Bide ~i__^.~. ~ (-~=0~ ~~-rTlbOlcvI 1' =~~ - -- Id Tai^~'- ~-,_ `„ -_ - - r,'-a _ _ ~ ~ l'~C - -- =- ~'_'1_.jc:~, -- _ - - - :~~ - -- - -_ - _ _ ~~ _ -~_-~l -~C I~:~l - _ ,,. _l l'I- III Ct ~iC'C ~~. ~.~_ ..,. ~ _.C L~1C .l~ vG~l_~i-:c 14-89 Cite of Cupertino Draft (Revised 10/1~/0°) 7j 1 .~7.~~y'L - ~li'l ll1:i?:.`tc.ltFCualu " _ Li~dil~tdi.t l..i.i~~'~ 1i~ilS, .`\ZUn b: Li~LIC- ertlt-tln~ Diclae tiLFD~ yl~n~, Dr~tJlatl, e ~tdtuar~ any: Bey cra,e Lantainer Ren~ii.n, ~J i~i1- .Llt 1 ._'i Lt`_al' ~CL~ ti?ILI-I '[1-tt rL11E'S. TC_'U1dUt+I t` dllu L~I'I+ICS`li_ ~': L'llld~~lt' t0 ~It~:iTC'rii~ r\Cr.~L'rt'~~~..u ~..1 _`' - ~_i- ~.7~~ mac.. ~'it L. - ` -\C~'li ;i!ti _C:1~ C `'T~':i'.iU I' - ~l ~i b~'+ tld~t i~+I'iT.'..il-1CT 1\C~ 1 ~1iI1~,~ ~'=~ iS 1 ~~.I~~L - ~1~:_ I:1 :.Ilu I1Ca' i\C,, :i::?1 L..~_~ir1L_ i aC'ic 1 - ~:~~' ~cLS lO7Lh tilt rL,1C^ TC_.~.ldtl~'-.S dl-t:i tiTl`~C>_ih:~ dt L`ii~:i~-1c tC~ ~i~i'.S it-~ 1:".~~.]1J - F:eetitid~ Untntdt.un. - - Wit: ice}!"111 L:lc IIi:C~ l~~..1.~Ii~'!-:.~ sl;u .'I:+t_C5S1I1 dL~L~l.LdC'~E` i~+ i ICtI; c1\ L.1r1c1::,Lii_~l~ _ 11`-'-- 14-90 CityaFCupertil,,.Jrafl(TZcviscd~l0/"15/09) ~ 1'~t'titf''t~11V, ~~l'.{11,1~)tjll; ~ :;i,~ . 't'able -t7.2~.050: Wall Signs 24 USC~ N b 51I,l' RCVICW i tZCV1C11 ~ ~ u m cr Lvcatiun Zoning ~1llowcd Arca & Maximum AuH,ority Critcri~l Len th /lrca • One sign per business with • 7 s.f. per linear ft of • No more than ane wall sign per I1"Outage ' j I store h-ontagc un cxtcriar frontage Whlcll Slgn 15 located. ; • One additional for: • 70'i~r of slate • Shall not project above the roof ~ • ~~ - Businesses With no grrnmd frontage ~" ~ .,~ sign and adjacent to more ~ , ~ ~ unless ~ ~ i, ~ ~ ~ ~ ! , thi11, O1lC li ~ In l~~~i~.; -Sign directed to inferior of Length =total ,I ~~ ,. ~. prvjcct and nut visible from con,bincli length of , ~ .,i 11)«~ ~~,,li ,rl„„..~t,l, Ir ,I r•- ......,~ , Mecls any public riti;ht-of-way, each row of cope ,,, ! 11.1 ~ ~ ~ 11 ,1 f ~ v• ~ 1 4 •. 1 i r 1~. 1. r ~ 1.. ~ e . i ~~' ~ Design Commercial Criteria & Industrial ,i 1 , !!I,li i i Minimum area = 20 21)0 s.f. • NO projecting wall sign shall cxtcncl info CUD i ~. iili in~,i,. Il,,ri ,,ilia; :;. (- :, pub11C 1-lgl,t-Of-Way Illare than tWC1VC n I I1ChC5. /any 1?r(71CCtillg Slt~il sha11 1laVC a SCC t 1011 VCrtical CICaI•ailCC 01 at least flfteCn fCCt ~ 7-~~, I ft0 above a private or public vehicular -Na11 roadway, alley, ch-iveway or parking area, SIgIIS and at lea,)t ell,ht fCCt abOVC a sldewall<, pCIICStrlall mall OI' 1<11ldSCapCd al-Ca. - ~ i7, ~ ~, _. iii. ~. ~~~ iii. .~r.~, ~. ... i„ ~~n,~,,i ,r'-,r,~lnl~~~ rr,,,,l ~u,q,~r ii,,, ,~,.~ ,.,i I~r~,t,v.l.tp...~ni•. 1!i~ ~., ., il~. i~ ~~I • Ol,e Slgn pCl- buszness Wlth I s.l. pCl' lilleal- ft Of _- CXtCI'101' frUnt:lgC b1161nC.iS frOntagC On WhICh Sigll 1`,i lacatCCl. • OnC' ad~lltlOllal (01': • 7t)'~, OF bUSllles5 Sa n,C ati abUVl' Office & - hUtilneStiC Wlth Il0 grOUnCI frOlltilgC Institutional sign and adjacent to more 40 s.l- CDD Sane as than one street or ,,,ajar above a shopping center driveway. -Sign directed to interior of Length =total prUICCt alld slat VlSlble from COI,1bIl,Cd ICllgth Ot anV 7libllC 1-! ht-01-v,'a '. Cacti rObV Of ('0 7V CDD - Conlmunit~~ Devclopnlent Director; PC -Planning Conullission; DKC - Ucsign fZevicw Con,mittcc; s.f. =square feet; ft =feet C'il~~ ~~f Cuhc,rtinci Dr,~ft (IZcvisc~d "[0/1 x/(19) ~; ~ , Table 17.24.060: Permanent Window Signs, l;lade Signs & Logos, Symbols or Insignias 25 ~J't I, l' Use/ Zoning Number Allvwcd Area Location Rcvicw Authority Review Crita•ia ~~ Lcn ~dt Maximum ~~rca • 25'%. of window • Considered surface of ..' A, part of wall Permanent nll One or more si ~n area. g ~ ~~ I~ ~ ~ ~ ,, I,,„~, ba , } . Pcrimelcr neon window signage CDD Meets Design Criteria in Window Section 17 24.1~`i0 Signs • One "OI'L'N" Neon windoc,v not ~tlloc~~cd. . sign less than si[;n = ~ s.F. twci s.f. cxcntpt ,.L.. ii .li ~I'1I~1,1~ ~I1.11 It ~I ~~I' 11I~ It~.i ~ ~ .~ ~ ~ ~ ~. '.II~ I+ Ij I~ II III, I I11~1'-II1111111 ~I~ ~\~,~ '~ I'~ I~ ~ I! ~~ ~ II. ,. ., ~.. VIII ~ .r' ~ .ui IIII I II.I~ ~ i I I CDD - Connnunity Development Direchn; P(' - Planninf; Commission; DRC - Design Kcvicw Conunitlee; s.f. =square feel; ft =feet A N City of Cupcrtin~, t7rafl (Kcvisccl 7O/15J09) I~,t'~ tt i l 1 i )I ~ I i 11 ~. 1 : +t I I t 26 'Table 17.24.070: Crvund Signs Usc/ Nuntbc 5trc Kcvicw IZcvicw Toning r Allowed Urea Maxinnun t-leighc Location Authority Criteria & Len ~dt C)ne S14~n It • 5110ppIn~; IlllllJmUnl BOO it Cel•tlCl•OI' street frontage mullitenanl I illy .l 1111111111.11 ,,,, ,,, • C)nC 5.f. hCl" tour linear ll of liilrht ft. `' • Corner probe,-ty: Sign has tv be located on ' CO1llmerCldl development '-111'111 11'11111:1 i~; .I I ~~ ! sll•eet ft until 4'e 7 street fr(mla}'e wick the site s address. ~ with a center ~11111111t11; ':1'll~.l~ I na nle Shall 1111,111114! 11111' ~ 1 Clllpl,aSlL.e that loll l~ 11'r II~1'. I: rl- nalnc • 1'wo si rns if 500 Maximum [ivory ground sif~n shall be located wholly • Shall meet Design C:rilcria ft street fronta)Jc /~rca = I OO s.l. on the property fur the use which the sign is in Section advertising i,~; located on. 17.24.1 SO • V-shaped • Street address and signs with numbers or range All non- more than two of numbers fur businesses shall be • Nv ,ortivn of an touncl si =n shall be I y }' • ~ Ground Sign residential faces: /~rca of ll f clearly identified located closer than one tout from the public CI)D areas a aces of si ~n `' ' ' in numbers nut ri hl-of-w~l ~. g } = T otal Sign Icss than 5 inches Arco. in height. • Double laced signs: Area of • Nv portion uF any sign over three feet in larger faCC of heis;ht shall be located within a crn•ner sign ='t'otal triangle or sidewalk site triangle. (Sec Sign l~rca. • MaXI111U111 • Signs on interior lots < 200 It of Frontage IlUn1bC1" ul shall be located within the center 50"1, of the ~ tenants Otl Slgn tut fl•Olltage. lntCl•iOI' lots > 2O0 ft Of fl"(lntagC. = i 1, 1 • shall locate ground signs no closer than .5O ft from a side property line. (See /lppendix A-7) a Nu ground sign shall be loralect closer than ~o one hundred feet Crum any other grvuncl sign (ln t)le Sallie 1?I"clpcrt)~. CDD -Community Development Dira-lor; pC - Planning Commission; DRC - L)csign Kcvicw Crnnmicccc; s.f. =square Icct; ft =feel City of Cupertino Draft (IZcviscd 'LO/"15/09) 27 I".',ttf,iitiill~ i.lt , ,i,,~f Table 17.24.080: Gasoline 5lation Signs Type of Sign Nuu,ber Sizc Maximum Area Location Review Kcvicw Criteria and Allowable Arca Authority A. Wall Sin g Same as Scclion 1.7.29.050 San,c as Section "17.24.050 S`,me as Section CDf) Meets Desi 7n Criteria in Section 17.24.1 R0 g "t 7.24.050 h. Ground I ground sign regardless of Sanu~ as Scclion 17.24.070 San,c as Section CDL) Mecls I)csign Crilcria in Section 1.7.24.1.80 Sign frontage 17.29.070 C. Fuel Price I~uel price sign. to be Con,pules toward is incorporated into the design of the Crvund Sign incorporated into the design of ~ Allowable Grocn,d Sign See above CDD }~t~ound sign the gt-ound sign Arca • I,etler size of price display on fuel price: sign shall not exceed n,inimun, specifir,lions contained in Scclion 73532 of the California 13usincss anri ('rofcssions Code • Meer. Design Crilcria in Scclion 17.24.180 If service station is nut identified on ground sign, in Number of product prices Attached to the wall D. hucl Price addition to any wall sign n not to on fuel price sit of the building CDD Same as ah~we Wall Sign allowed to the service station , exceed i ~ ~ per face. facing the public per Section 1.724.050, a second ;street I uel price sign is allowed. CDD - Conn,nn,ity Development Director; I'C - Planning Commission; DKC -Design IZc:view Conunitlce A A i !\l"11(I.illlt[i~ ,~tl~~llt~llllll City of Cupertil,., hall (Devised 1O/ I!i,/09) ~_ 2ti 'T'able "(7.24.090: L'lech•onic Kcadcrboard Sigtts, Cltangcablc Copy Signs, Neon ~• 1 II;IIt I,nllllnt; 1 71,111 ~ w ~ I I, Signs, llccorative Stahlary & leverage Container Recycling Signs Use/ Size & ' Zoniu Nunlbcr 1 [ci ht Location Rcvicw Authoril Review Criteria One sign For Nv closer dlan 50O Ft /~ Llectrorrtc centers will 20 ~ ll From an~~ residential haclcground of clectrollic rcaderboard will hl' tlu~ . ReaCler•hOa!'Cl COllllllel'llal tC:IlalltS OI' Ill(7rC: il le aS 5e1t1011 d1St1"ICt Oll the Sillll(: hC, Sallle COLOI• as t)le pl"Illlal'}r bacl<~I"OUlld. II IIUt Signs & 50,000 s.l. of 1724 070 street as the sign- practical, then a color that is complimentary to Ttos Iloor arch 17 ~ . • Same as Section the liacl< ground color shall be used. "17.24.07( ) lnc lurlcd in I)ccnlccl necessary to the type of nlcrchandising t%• total of that business. Shall consist of permanent sign Changeable Connllercial allowable C(_)}j and symbols or Icttcrs made of ,.' ' CupySigns ~~allsign ,.,~I.,,i,,. _ ,.,i,~ll,,l~,,,~~ ,,. ~~~~ al"l'a. I,.,II ~. ~~..,,,,,, C. Neon ~~ Shall meet Illumination Restrictions in Section s 11:1' i 17.29.1 ~~(t ,11,11,,,; nll arc- lIl)1 I1~ I1 ~ ' '1 S1 71~ S • II healralive In ronjunclion with the overall architectural Statuar}~ - DRC design of the building, the landscaping scheme. D. nll except IF i)KC determines and the sign pro~;ranl for the business. Decorative residential it is Iiinr Art, it may Statuary districts refer to another CU 111 111 1 5 5 1 0 11 • IF not publlcl}~ ~ VIS1bIC, thCll eXelll It Wall signs - as [h:alcr subject Io provi:;ions of California L. leverage allowed by (;cvcras'c~ Con(ainer I~cryclins; and Liltcr Container Section 1.7.24.050 ~ K(~duction /1ct ~,f~ I');i(,_ Recycling C~l'oelnd signs - as allowed by Where 5cction 1729.070 10 s.f. allowed • Sign should contain information concerning a _ One building cerliliai recycling center as described in Sections a mounted si};n "1.4570 & 14571 of Public Ilesourccs Codc. ~ • Ccrtilicd Kcdcnlption Center sign -subject to limitations and rcvicvl/ procedure of zoning district where i( is located. CI~I~ -Community I~evelopnlenl: Director; PC -Planning Conlnlission; ITC' - Design Kevicw Conullittec; 5.f. =square feet; ft = reef City of Cupertino Draft (l:cviscd 1(1/"15/0)) Table -L7.24.100: Signs in and near Kcsidential Disll•icts z(~ Use/ Numbu Size Location 1Zevicw Kevicw Criteria Zo(ling Aulhvcity Area 1-leigllt • WaIlSign- WallSign- NO~ ~ ~ ~~ "~ ~~~ • Wall Sign - Same as Same as Section Sank as Section sign pcrn,itlcd within 100 ft A. Signs near Section 17.24.050 -L 7.24.050 77.29.05(1 from, any residential Shall sleet design Residential Districts All • Ground Sign -Same as Ground Sign - • Ground Sigtl - districts except if the sign CDD criteria specified in Scclion 77.24.070 San,c as Section San,c as Section fzce is nuulnted so it is not Section 17.24.180 -17.24.U7U 1724,070 visible M any residence within 700 ft of the si rn. B. Name }~latcs, streets yr Unit Kcsidential One or nun•e 2 s.f. or Irss CDD it U ^l b c ("S OnC 51 rn for llltel'lol' lot }~ • If Olle SIFTn aIIOWCd, at • Sllall Cl)ntatil (,sly Kcsidcnlial Two signs for corner 32 s.f. 5 It CDD nanx: and address C. llevclopmcnt dcvelvpnu:nt major cnh•y. of dcvclopn,cnl. Idc71t111CatI011 SIg17S I • If hvo allowed, one on • Sl,all llleel Cletilgn each street front. criteria specified in Section 17.24.11i(1 CDD - Co(„numity Devclopmcnl Director; PC -Planning Comutission; DKC -Design Review Con,nlitlcc; S.f. = square feel; Ft =feet Table "17.24.1.10: Freeway Orientation Areas Number Si n Sire Location A > >rvval Authori IZcvicw Criteria • oriented io regular street Applies to all signs within (i(i(1 fl of system adjoining the proper}, "landscaped Irceway" measured from crlge of 1 per business/ raUler than exclusively visible rif;ht-elf-wad Commercial, tenant in a buildin ; ,~,. };t(ilding front the freeway -CDD A. Wall Signs industrial ~~ Ofli occupied by two or t t nunu,lcd l~r(~cwav orientation - PC - • Signs not exempted or excluded by Scclion ce more. enan s. Maximus, two. 5272 of the Slate of California business and Profcssion~. Code shall be regulated by the "Advertisers" cha ,lcr of that code. C. On-silt Can,nurcial' lnduslnal & I,uildinl Limited lisle period subject to ,, ,. tem ~orar ~ si ns Ofiicc: ~ ~ ~ ~ mounted ~ -CDD Coll,Illel'Gal, 13. l~recstanding Indu~,U"ia) & Not Alluwerl Si n~ O(I icr. PC =Planning Conln,ission Citti~ of Cupertino Draft (Revised 10/l~/09) 1 - :l Ldrt~iC;':d~2~ 1i ~~ 1_'~.1~t:h:_ _'~'~t2l:u ~;~I._ ai.: -~d1 t' ~CI~ .:c'~ .la:et: C:'\ t~~~c ~-;i\ 3- ,_.dil.iI;~.:}~. -,_ - ~cc uituI_~crA _ ~n~ ~C C?~t`I_l t .r.rl, t,~c ~~ ~ ~ ~,,-, ~;~r: -uiarl~ - -, U'-; fir:. ? i ~~:Z . _ _ ~!_~} ~..~;1 ~.~":l~ ::id1 Lac ~?'_t~t.t1.= Ic'I. i~c~ _'I rt'1'.i;.i: ~f:~I ~;llli= 'c ~I uC~i:"u~i=~ F '~l~ncr rl,c.drtlcarrr= :~, =u`t. ,_._~L n ~.'i; , i`I ..,..c1 ;Q :.. __' .--~-_.~~ _.. .c ~. fig ---. ~,:_.". ~ ~ .._~i. ,1.7':.: .~+ _ ~ ~ , , n n .. ~ ~ ' - } - ~ b ~ :- - i `i _ -- ~ ~ ., ~= ~ s--z - ~ =-13e-~ ~-~ d-€~e~-ee~- }d T~'~ ~~ 1,,, ~. ° , ; i a; , , ~ > ~a3-~~- -e~ ~- > ~- ~° ~ ,_ : , ~ ~ ~ , .. ~ ~ b ~~ ~~ _ a • 1 ~ ~ ~ ~ _ ~ ~ 11 ~ ~ ~ _ ~~ ~ ~ '~ ~ ~ ~ ~ r ~ ., b, `, ~~^~n~n ~~ ~~ . ` ~ _.. 1 L• 1 ' ~ ~ ~ = ~ c~ i-ir PAS--cr~r---vr n-rarcQCt~- 'I OC~'~ 1 ~t""'~ `/ 17.24.180 Design Criteria. Although the aesthetic appearance of suns is subjecti~-e, the Cit~% recogluzes that certain basic design guidelines are needed u1 order to maintain the City's high i~uality appearance. The following criteria shall be incorporated into the design of signs. A. Ground signs shall be either housed in a frame or set onto a base, presenting a solid, attractit•e, v,~ell proportioned and balanced appearance. The size and shape of the frame or base shall be proportionate to the size anal iti~eight of the sigh. Low sighs are 14-97 City of Cupertino Draft (Rey-ised 10/15/09) ~~ ~n inn r~,,,,,,..,~-:.-,, c~..s,,.,.-„ . , _ ,~ i '+ L ~ ~~ _ ~ _ . - t ~ ~ ~~~ - - , - L L ~ ~E'E~1-E?1-~ 1 . ~n--~--r-c~n+~~a~ ~ 7(l~no. (1,-r7 1,ti7 ~ / +\ ~ 021 17.24.210 Obstructions Prohibited. No sib or other advertisiszg structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, «~iildo~-~~, fi.re escape, driz-ei~-av, side~ti~alk or bike path. (Ord. 1624, (Part), 1993) ~" ~ ~ _ _ - '~ - ~~~~c-C-# ~ e"R-oi-ii-r~. ~r~-rr- J . .~ .~1 T T .,.. s~e~ ~-~t~~~~- rn,.a ~ ~~ ~ i,..~,-+~ ~ oo~~ .., .. ~ . L v _z, 1~a--c7z,-,~7 17 ~n inn n,.~;,~t,...,-: t r~• s.-• ,- r~ - t +ra ,-•~• ~• c• ,_, _ + L ~ F b _ ~ - J - _ ~ ~ + L • b 1 ~ , ~. + .~. ~ ~ ~ ~ _ ~.L b /(h•,a 9 x'11 /, ~ ~_~~~~ 17?4.2~0 Construction and Maintenance Specifications. A. All signs shall conform to the building and wuzd load requirements of the Uniform Building Code and lii~iform Electrical Code as adopted i1z Title 16 of the Cupertino ~'Iuiucipal Cade. 14-99 City of Cupertino Draft (Revised 10/1/09) 33 B. All sib Zs jvith ilternal illumination shall be constructed of noncombustible materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or other sinular institution of recognized standing, and be maintained in satisfactory condition or be inunediatelS' repaired or replaced. C. All electrical, gas or other utility sei-~~ice and other pertinent fixtures shall be placed underground. D. Guy wires or cable supports used to brace the sign shall not be visible to the observer. E. No sign shall be suspended by chains or other devices that will allow the sign to swing due to ~vi1d causing wear on supporting members. F. All signs shall be maintained in safe, unbroken, and stz-ucturall~~ sound maruzer, including the replacement or repair of any defecti~-•e parts, paintilg, cleaning and anv other ~~~ork necessary to maintain the sib ~ and any landscape planter associated v,-ith the sign. (Ord. 1624, (part), 1993) __ --- _-_ ~__._ r v _:.~ ~___ _ - - _ ___-- - -- .-. . ., - -., .. - - ~ J (Ord. 1624, (part), 1993) - '~'~ a a b - 1 't-~ .~ _~ _ i - D L ~ ~ J ~ l ~' . r" ~ ~ ~ , l ~ ., ~ ' ~7 ~ } ~ ~ ~ 1 + L 1,. .~- ~ .. ~ .. 14 - 100 City of Cupertino Draft (Revised 10/ld/Oy) 3~ CHAPTER 17.32: TEMPORARY SIGNS-- REGULATIONS Section 17.32.010 Temporary sigTZS-Location. 17.32.020 Flags. 17.32.030 Garage sale signs. 17.32.040 Temporary political signs. 17.32.050 Project aiu~ouzuement signs. 17.32.060 Residential real estate signs. 17.32.070 Sale, rent or leasing signs. 17.32.080 Subdivision directional signs. 17,32.090 Special. event banners, promotional devices and portable sighs and displays. 17.32.100 ~-1~indoiv signs. 17.32.020 Temporary Suns-Location. A. 1~?o person shall pant, mark, or write on, post, attach or otherwise affix, any temporary sigh to or upon any public propert}~, side<<,~alk, cross~%-alk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street l~snp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or a•ossing, pole for electric light or power or telephone or telegraph (or other communication service) or upon anv fixture of the fire alarm or police telegraph s}=stem or upon a lighting system, public bridge, drizlcing fountain, street sign, traffic si~z; traffic control pole or cabi-net, utilit<- transformer vaults, or an~~ other building, structure or device permanently- affi>.ed on public property. -- --- --- -- o temporary sigh shall be placed, posted or other~a-ise affixed in -_....-... . the public right-of-~vay, except as provided in this section. The public right-of-~vay generally includes the median, street, gutter, curb, sidewalk and landscaped strip on public property. - ., __ _emporar}% signs may -- _ . - ~ - - -- -- ---_----- only be located i~ the public right-of-way of a residential or institutional district, as defined in this Title. °% 14 - 101 City of Cupertino Draft (Revised 10/1/09) 35 C. Unless otherwise provided for iz this chapter, all temporary signs, «~hether or not located in the public right-of-zvay: 1. Shall not be located on the street or on street medians. ~. -! ~~: ~ -. Shall not be illwninated. . Shall not be located on private propert-~~ without the oral or ~~~ritten consent of the owner or other person entitled to possession of said. propert~>. Shall maintain at least 36 inches of clear and continuous width along a side~~~a1k or path~a~ay plus any other area needed for handicapped accessibility. Shall not restrict in any ~vay the safe ~-ision of any vehicular or pedestrian traffic or obstl-uct any directional or safety sign or other sign pernutted by the City. All parts of the sign shall be set back a miiimum of eighteen inches from the face of the curb or from the edge of the street, bicycle or vehicle t1-avel lane, ivluchever is the greatest distance from the edge of the street, bic~-cle or vehicle travel lane. - : emporary sib is u1 the public right-of-~ti~ay other than political signs shall be removed by su-reset. D. Persons ~vho place temporary signs i1 public rights-of-~~Tav are encouraged to notify and seek concurrence of adjacent proper~~ o~~-ner(s) and resident(s) before placing temporary signs. E. The provisions of Section 17.32.OlOB, C and D shall not be applicable to the full o~~- ing: 1. The maintenance of sib Zs affixed or panted upon public or private motor vehicles, 2. The maintenance of signs affixed to Santa Clara Count, Transit District bus shelters; 3. The maintenance of baruzers affixed to the top of the city-ov,~ned stanchions located at a site over Stevens Creek Boulevard between ~'Volfe Road and Portal Avenue; 4. The maintenance of banners affixed to the top of the cit<~-o~ti~ned light poles located over Stevens Creek and De Anza Boulevards; and d. The maintenance of hazard markers or emergency signs. (Ord. 1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 175, (part), 1997; Ord. 1624, (part), 1993) 14 - 102 Cit~> of Cupertino Draft (Rey-ised 10/15/09) ~ ~ 2'1 non in ..,.~ ~. .. b b .J _ b ~ .~ ~ u ,. ..1~.. ..ai d i ,. vi a i-ct. T - + _ b ~7 tj _ ~ _ .. ~ !, ~ ^ ' ~ r ~ - .` 1 ~ a - T= ~. - ~~ . • ~` ~ ,1 - - o ~ ~~L -~~}e ~e3h ~ #~ ~ ' ~ ~ ~ ? ~a~ ~ ~ ~ s ~ ~~- e e c r e - ~ -- -, ~? ~ze ~e--r~~g~ ~ ~_~ j=b ;T ~ ~ ' _;+ T .. ~ ~, ~ ~, _ + ~ u ~ • ~ ~ i t L 1 i l J i . ~ ~" r µ ~ , T } r ~ _ ~ ~ ~ ye 1 ° ~ ,; ~ r i = ^ ~ ~ ~ ~ c t E s-~FP-~ i- rr-c c -i-e~~- i-3-~ Ea~-rS~ ~~c~ -t-a-r +cc ia-6~r-~- - -~ 2 n- - I ~.`' L1 ~ ~~ ~, . ~~ n .,_.~ on 'r,,,.,,,,,.., ~., ~ ~u~Y ,.,, n„i;,- :,.,i c• 7 T _ _ b ~~ - i 1 ~ ~i - - • • ~ , ~ 1 ll7 . _ _• ~~ ~, ., ._, ~ ~ 1 / 1 - ~ ~ 1 , i ~ "b b i T ~~ ~ ? + i:PT l-rlAr'~ ~A1-it~.r'~1 i~r, ~kl,r~.sa '++ ' ,a'-.~„ ~1 + o r ~ u.,t 14 - 103 City of Cupertino Draft (Revised 10/1~/09) 3% t9~_~eE~~e~~-~~=T-~ _ _ __ __-_ _ ~S_'rl~F,3nj~`tS~ ~f3~E?- ~ ~7 ~7~_ j'nTtt-~ ~tT~ l u~~nv~r nz~'~i~ ~, ,~+1 ~ 1 Q~ Q ~ cz-t~i`~J~~F~~~ r ~ ~~viu: -ic~~~ ~ ~ ~ ~ ~' i i _. ~ . ~ ~ b ~ ` b .. b +1, ~, Tl' r ,-+,. -B O?., „ +1, -, ,, +.,,,, ~,-~„~+~„rli•~c~im~c rni?+-,;,,;,,.r +1, ., ~ +1, ,, + +1,,, .... ~...~~ . ., .~~.. ~ ...~ ,~ .._..~ ~.,1 .b .b~ ~., ~u~l u .b . ~` ;Taiii'c or-~rr~-~ivJc~~~z-ic e'TV'c-:~er~~=e-ss-ai~e~3~~ei~e-~3~-~3e'r,-~eu'r~~~-g-i~eii3~a~rE3~~~ •,~ r,c ., ,,~;`';,-, -,re~c t ,. } _ b - . b, '" b +h ~„ ,- ~.,.,+ ;,, 1, (,; ~.1,+ b ' + ~ ' ~b l ~ ~ ~ ~ _ b ~e~e~ ' +T e~eEt~s~.~~~e~~~~~etf~- / 7 1 - ~- _~ non n~~,a~,.,+:,i 77,1 ~~+-.+., C;.....- _. ~ ~~ ~ - •~,- r +~ ~. ~ b _ •~ •+x $~Teri-~~~A: _, b 1 .b ~ b b _ _ ~ b ; ~+ '+ '~+ ' b ' ire ~i ~ ~.,,,~., ~;,r„~ ~ ,1~' „+ `(, +1, ., ,., + + l,,,a C +; .., ~iil~u.~i v .~1.~ vY~ii vu~` .~i bi~~ vu ~~~~ v ~i ~a... i~i1tT~'~Tt1"[-JLL'R7'Pri i~ .n-TT1C- z"~.~~.v-~~~$t~~zl ccirfvi iZicix=c~"^~i~ir~: ~'~. c .,1 „ , ~ „ i ea~~ ,,~~s-sk~a~-~~e-~ e~~~~~-~e:~es~E e~ i--~ •~~ b ~ ~. 14 - 104 Cit<~ of Cupertino Draft (Revised 10/15/09) 3g ' b ~ ". , Y ~..~-..~~.~ ~~ u~~ w~j vtrrcr~~r[a-rcm~zfirrr[triivir. . - _ / ~ c1. r. r~ ,~~ur,~u ~~~_ X1. , ~ ;1.;+n r~ ~ ~. _i, ' ~ ~ _~ _ ~ ~ ~ ~ ~ + / b + b ~ ~ ~ l ' ~ D - y +- + ' b r _', + L ~= .` _ ~ - i + ~ ~ + ~ ~'~1 LL E1~- , ~ ~~~ ~ ~ ~ tfC" f~ - " "2"E~C~ ' ~ 7C ~~T~ L " ~ ~ ~~ ~ ' ^ ~~- 2 ~ C i [ C~ ~ ~ ~ i ~B i~T .. C~'~' C7t~ ~._.i -l. t.~tli Z.\- CTAi .T J Y ~^.i i ~,+ iiw.i.`ii~ .. Div i.zi -r c ~ i ~'~r~ =•- .. -_. ~ , 1 + -. _ al ~ +' _ x _ y i + 1 ~ ~ ~ ~ ~ b p ,. ,a 1. ~ , -„ . +1 a-,~'t=6-si ~ ~~E'E"r~ ~ ~ ~ "1 E'E~-rT ~ 1 ' 7 ' + r7 •b y y 4 ` ~ J~ -S'd~-L-~'r~'-5~6i~-C~"'c-~-ivpcr=r~cr~c-rcfEJ3ir-~~ci2~3-~'if~• 1-,,, ,~ ,.±,,,~7 l.,- 11.., o' _ .... ~. ..~~vi u ~i ice. ~iv~c i ._. ` ~ i 7 14 - 105 Cih~ of Cupertino Draft (Re~-ised 10/1/09) ~" . -- --rr- ------------ ---- ---- --- - - -- o- »C~1C1h I-.3Z.u20 - F1a~~, Garage 5aies, Iemparan Polit-ical 5_~r.~ and ~ubdi~ i~IOn ~i~=I1 _ dC~iC _~~ ~C1~ ?~~I"Irl i11c PU.C~ I~ll~.'.il~'IL dl:~ ?~r~ti~~~c 'r1~.L''~= I'' _ :_ :..::.c ;:C~ i tL'it'l~Idr`, l'!:!-tC:..l ~!_JZ~ 4'I1`~ ~.~i~,.:~\ ;ct~,,r ti - ! - {~ ~ ~ ~ Project _~ILL1C, ~ECtiOii `? :}l. l~C4i ~IG:C 1 Ili 3i1~.. :in~C!;~Ciii mil` 39 :~C~c i^ _~~ '~' mac: i~ :il ills Iiil; IL~'ilidi7C?IL~ dL..:i I~~~~~~ ~i_'~~ll~~_~~r *C~ ~tCc.utli_i~! dllu ~ ~ i i~; CCi ~t C', i.ica i~C al i ~ 1i;;: L` G11~: i I l'jCl i _~~ri1}1~~:1I 1LCi' fCI}t ~i ~. h. 14 - 106 City of Cupertino Draft (Keviscd 7(1/15/09) ~'•~ 1'~ l t i, f l )l f I I ~ ~~c'c I l I i 11 i, t s ~t ~ Table 77.32.020: Flags, Garage Sales, 'Temporary Political Signs and Subdivision Suns ~(} Usc~ cJ 1'I,l' ' ' Information Nttulllcr ( imc Period ttevicw Criteria Zoning Maximutn Maximum Contained Area hlei jht • Two wccl<s for Number No more each special subject to than 20 f t cve:nt Mccts Kcquircmcnls wiUl regard to Special Coulmcrcial approval by N/A above • Shall he N/A L,vent [,'anners,~Prrnnotional Devices, portable CDD ground rcnlovcd within Signs and Displays A. Flags 5 days alter the _ - ~~ecial event Two flag pules 4 s.f. IZcsidcntial for each model No more Sank as Onc year N//~ N/A home of a new than 2 above dcvclo ~nlent sides t3. Garage 1Zesidcnlial One an-site ' ~ s.f. 6 fl L.ens;Ch of sale i1J/A Must be a bonafide Sara =e sale activil as g 6 y ` Sales ! hree off-site defined in Cha ltc:~r 5.76 of Munici gal Codc • No pcrnlit required. • Subjcrl icy requircnlcnts of Section 77. ;2010 /~, • Unlll'l days 13 and C. C. Rl~s.l. aflCl Clel'tlOll. i ~~ ~~ _ ~ ~ ~, ~~. „~ .ii; "temporary Ne, nlorc IFnot removed „, , : ,; .. ,~. ,, Political %111 No limn than L N//~ within tinu~ limit, N/A ~ .,~ ,. Signs ;files Cily may remove If the. Director of Public Works finds that a sign l;11;nS subject t(~ OlilCl'tN15e pel'7llttteCl, 15 all 1111111Cd1alC pel'll OI' Chapter 7.7.52. nurnace to pedestrian ur vehicle traffic, he or she play cause ii to be removed summarily pursuant to Section 17.52.OdOC • One year or I)irecl • Shall nlcct rcyuiremenls of Section 1732.010 D. until all units arc cuslomels • Application shall include a list of all clther such Subdivision Non- I•hrcc 32 s.(. per (, ft Sold, whichever along the most signs including sign area and street location. Signs residential face. is sooner. direct route • Subdivisions not in Cupertino shall not be • l;xlcnsions lhrcnlFh the permiUcd such signs. nrly be };ranted. city. • "V" sha led sihns ~rohibilcd. A CDI? = C,nnnumily Dcvelopmcnt Director; S.f. =square feel; fl =feet 0 J City of Cupcrliru? Draft (Kcviscd 10/15/09) ~.,,, I, I . , ~ , I f I I , '~' ~ i ~ ~ ,, : ~ . 'T'able 17.32.030: Residential Kcal Estate, Non-resic(cntial Rcal Estate and Project /~nnounccmcnt Signs 41 51I,e N b ' ' um er Maximum Maximum l ime Ycriod Information Cmltaincd Review Criteria Arcs FIci ht • Olle fl"eeSlallCllllg Slgn pCl' strCCt fl"OlltagE:. 1 WO ~~ S.f. V ft l,cll}~th OI SatC N/A • SUbICCt t0 1'CC711Ire111CIllS (lf Scclion 17.32010 SlgilS I11aXI111U111. A. Residential • O1lC bUlldlllF I1l0Ullled bamlcr 4 s.f. N//~ --- Sec above - N/A N/A Real 1;9tate . • OIIC 0ffslte 101' 4s.f. (, fl i ~ ,~„~ ~ ,i ~~~~., ~ N//~ • SUbjeet t0 I'CC1Uirl`1nCilts (If sale renlsi~ll / g _ Scctioll "1.7.32.01.0 • SIX 01 fsltc O})ell 1lOtI5e N/A N/A i:~ ~~~,~,~ .~~ ~~~, , • SUblcct t0 1'CCIUII'CIllClltS Of si ills N//1 Section 77.32.010 • Length of sale. • May be • Nanlc of real estate agent No more than two faces. "V" • One frccstandinf; sign 32 s.F. per 6 fl installed up to or owner, address, },hone signs prohibited. May not per street frontage. face. thirty days prior nunlbcr and other pertinent reasonably obstruct visibility of t0 ally lCllallt 111fOrll1ah011. ally pG"IllallGlt giOUlld slhll. Ii.'~.ilr; li~•ItF~~r Va(,aI1Cy ~~,~~.~~~y; ~•~,,~~~ • One building Same a;; • ,~llowcd only if no freestanding Non- mounted banner per ~ ~ fl'CeStalldlllg Same as Salnc i1S fl'c`CStilildlllg SIL~II sign placed along that street residential elevation facing an ~ ~ freestanding sign Frontage. Location shall meet Real Estate ad'accnl )ublic sh"ccl. _ sig~ll rc uircmcnls of Scclion 17.2~f.050 • One offsile sign per • On private properly with street frontage. 32 s.f. per Same as Same as approval and consent of property • Maximum of two face. freestanding freestanding sign Same as freestanding sign owner on whose property sign is signs per off-site parcel. si}~n ' to he located. Shall meet rcc uirenlenls ol= Section 17.32.07 [l One vcar or until Names of protect and owner, ~ C. Project • 'T'wo h'ecstandillg .„~ all units arc sold, ~ ~~ ~ ,~ ,~ ~~ ~ ~~ ~ ~ ~ ~~ New projects under Announcement ~, ~~ ~ banners 1,~, ~ I ~ 6 ft lnrhichcvcr 1;; ' leasing/sale information, construrlion, inrlurling Sf~tl illaXllllllill 'll~~ "~~~ ~~~ ~~ ~, ~ i. SOOllel . Gxlcnsions may datC s Of (IIItICipilled tiUbdIVISIOi1S Of 5 01' I110rC lllllts. o°o be granted. completion and a list of contractors ulvolvccf. S.f. = square Ice l; ft =feel Cit-~> of Cupertino Draft (Re~~ised 10/1/09) ~~ 17.32.090 Special Event Banners, Promotional Devices, and Portable Signs and Displays. A. General Authorization. Special event banuners, promotional devices, and portable sib ns and displays are permitted in all commercial, industrial, office and institutional zoning districts subject to the issuance of a permt by the Director wlich conforms to the provisions of this section. B. Public objectives. 1. Ennlnance pedestrian experience, activity and convenience. 2. ~'iaintain the econonnic stability of the City by enlnanncing vitality of business. 3. Provide attn-active, effective and visible identification reflecting the individual character of the business. C. Special event banners. The Director play issue a permit for a Special )=vent Banner for each business ~vitlnin the above-described zoning districts under the following provisions: 1. The banner shall onnly be displayed for a nnaxinnuin of 120 days ~~Titlin a 360-da}- period. ?. The banuner shall be building mounted and have only one face not exceeding one hundred square feet in area. _ 3. The baruner shall be placed on a building u1 accordance ~~Tith the linnitations -- specified in Section -- .-- -=-- - __ _ of this title related to building clearance and roofline levels. s 4. linnless othen-~vise deternned by the Director, the display of the bannner shall be subject to the tenant schedule for shoppinng centers as provided in Subsection ~~ 17.32.090E. D. Promotional devices. In addition to special event banners described in division C. above, the Director may issue a permt for a promotional device for each. business ~vithizz the above-described zoning districts under the follo~~%ing provisions: 1. For advertising a special event for an existing business, promotional devices may be displayed for a maximum tluee-day period, four times ~vitlnin a calendar year. 2. For conducting a grand opening of a nejv business, promotional devices (other than search lights, hot air balloons or other extremely large devices as determined by the Director) may be displayed during the first year of a nne~v businness's operations for the sole purposelof anunouincing the grand opennung of that businness. 3. The device shall not displace parking or be located in a landscaped front set back area. 4. The device shall be compatible ~~~ith adjoining uses, particularly residential uses. 5. Tethered balloons used for promotional purposes nna}% not exceed twenty-five feet above the buildung where the special event or grand opening is occurring. 14 - 109 Cih~ of Cupertino Draft (Reti=iced 10/1/09) 43 6. unless otherwise determined by the Director, the display of the device shall be subject to the tenant schedule for shopping centers as provided in Subsection 17.32.090E. 7. Subject to the approval of the Director and the Public ~-1~orks Departrnnent, a promotional device may Ue located ~vitlnin the public right of ~vay based upon the degree of innpact the device t~~ill have on traffic circulation as well as upon the enviroiunent of the surrounding uses. S. Subject to the approval of the Director and the Public ~~~rorks Deparhnent, traffic/parking directional signs may be used in conjunction with a promotional device during the period of the special event or grand opening. The number and placement of traffic/parking directional signs play be restricted by the Director or the Public ~~~orks Department in order to unsure adequate sight distances and traffic safety clearance are maintained as required in Section 17.32.010. E. Tenant schedule - ----:-:--_ ----~ _ ._._ __~. _ ._._._ ____ _ _ -_-- _- -_-_---.- _... r -- - Shopping centers ~^,=ith approved electronic readerboard sib ns shall onl~~ be allot~~ed building mounted baruners. Freestanding temporartT or special event signs for individual tenants are not allo~~~ed. Special event signs for center-wide special events are allo~~~ed in accordance with the following schedule: 14 - 110 Cit\- of Cupertino Draft (Re~~ised 10/1 j 09) dumber of Tenants dumber of Sims Permitted 20 to 27 tenants --2 center displa~~s 28 tenants or more --4 center displays F. Portable sig~zs and displa~-s. In addition to special event banners and promotional devices described in divisions C and D. above, the Director may issue a pernit for a portable sign or displa~% for each business location ~vithii the above described zoning districts under the folloj~~in pro~Tisions: 1. Portable signs and display-s may not be located i1 areas, either on public or private property, wlich are used by the public for vehicular or pedestrian traffic or in other areas, which i1 the opiiion of the Director, are a tlu-eat to the public health, safety or welfare. 2. Portable sigiZS aizd displays shall not be permanently attached to the ground or a structure on the premises it is intended to occupy and shall 0>~1~~ be displayed during business hours. 3. Design review criteria. Portable signs and displays shall be appropriately designed, installed and maintained ttiTith special emphasis on the creative design, character and quality of color and material (vibrant and weather resistant). Thee shall be complementary to the building arclitecture and the operation of the business area and shall ei~lzance the overall appearaiue and texture of the pedestrian shopping experience. 4. Specific standards. ~ ~; -1, - +; •..•. .. ~:~.~ .~~u ccczzrzrca-n~ri-runrrzT ~ i R eTG"'CLI'I'C'C~ u 1 1 + ~ ~ -~-~-+~re + • ,a +1 e---~e-i=~i-o-i c~ i i i mzzuzn-~ +I 1~ +1 i i ~ ~ , ~• n~-n=c-z~~i-~-=e~-t~~i~-1~L~ii~C1Sri~1~A~2-r~-' ~~ • '~ t 1 ~ ~ r ~ ~. ~ ~ 1 + '~ c ` ~ i r ..~ 14 - 111 Cit\- of Cupertino Draft (Revised 10/1/09) 1~ 'Maximum Size 8 s.f Minimum Height 3 ft Maximum Height 4 ft Maximum width 2 ft ?~1iz. setback from street curb 2 ft Dis la\~ Hours Business hours onl\~ Min. edestrian ~~~alks~•a~" 5 ft Distance from.: Bus sto zones and/or bus sto furniture 1~ ft Disable ~arkin~ zone ? ft Must not be: 1. Set in ground 2.:~ttached to trees, lamp posts, utilit}~ poles, street or traffic si~~s, benches, h}-drams, or mailboxes ~. Illununated 4. Located in anp re uired landsca ~e setback area S.f. =square feet; ft =feet ~. Modification of specific standards. The Director may modify the specific standards described in division 4. above upon making a finding that special circumstances unique to the site require the application of a modified standard. I~tL:ii ~II~~ I I _CI :I~lu;; _l'.l'l~U ~~~L1dI'C Ike: r11d\ C~~ ;:L~?~~~ cu I~~ a~\ e _I-;c d.:luii:~~l:Gi ~1_I, i~~2 cacll 2I"II7,::nlC LO tilt ~~:illliIiZ sL~ tU d II~dkimlil7l ~~i ti~I~t'C ~ ~ ~~~ i`` LOCI=7'~i ! r~~•I1 Lilt '~,? e~tOr. `1I ~c ~":~tI1 ~1='Il I71a\ ~~c' u l~ TO =1?. rCCi tall ::"'~.i : ~~~ t:':P. ~_' ~I .r;~dre ~ti - - - ~I-~t ~ _c i~ . ~_ .-liit'u - l'~ri;~ i~;_ - - - - _= Permit procedures. The issuance, modification, revocation, and appeal of any permit under this section ire governed by Chapter 17.12 of this title. ~1ot~vithstanding the above, any appeal of an}~ pexnut under this section shall be made to the Design Revie\v Conuluttee. _. Removal of signs. All barulers, de\7ices, suns and displays issued under this section must be removed not later than five days after the conclusion of the special event or grand opening to \vluch they pertain. - _ The city, pursuant to Chapter 17..2 of this code, may cause the balulers, devices, signs and display s remaining after expiration or revocation of the above- described five day period to be removed. (Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 17~~, (part), 1997; Ord. 162?, (part), 1993) 17.32.100 Window Signs. A. til~indo\v signs shall be permitted in all conuzlercial zones. B. The total area of any window obscured by any combiszation of permanent and temporary \vindo\v signs shall not exceed t\venty-five percent of the \vuzdo~v surface of 14 - 112 City of Cupertino Draft (Revised 10/1/09) 46 each _ --_-._ _. ___.. C. 1. Signs within a t~~indo~v shall be considered temporar~j if they- remain on the ~~ruldow for less than thirty days, and shall not be subject to review. 2. ~-1'i1ldo~a~ sib Zs intended to remain on display for more than thirty day-s shall be considered permanent window signs as regulated by Section 17.24.090. (Ord. 1987, (part}, 2006; Ord. 1926, ~ T (part), 2004; Ord. 1796, (part), 1998; Ord. 1624, (part), 1993) CHAPTER 17.44: SIGN EXCEPTIONS' Section 17.44.010 Authority. 17.44.020 Application and fee. 17.44.030 Design Review Con-tmittee reviet~~ required. 17.44.040 Finduzgs for an exception. 17.44.050 Action b~~ Desib 1 Review Conullittee. 17.44.060 Conditions for revocation of exception-Notice required. 17.44.070 Exception deemed null and void ~~~hen-l~?otification required. 17.44.080 Appeals. 17.4-4.090 Reports to Planning Con~ulussion. Prior ordinalzce lustor~l: Ords. 1624 and 1655. 17.44.010 Authority. The Design Review Committee may grant a sign exception >11 accordance with the provisions of this chapter. (Ord. 1844, ~ 1 (part), 2000; Ord. 1789, S 1 (part), 1998) 17.44.020 Application and Fee. An application shall be made in writing --- _-- - _ --------- - - on a form prescribed by the Director. The application shall be accompanied by a nonxefundable fee, a letter explail~lg the justification for the exception, and appropriate exhibits as deemed necessary by the Community Development Director. (Ord. 1789, § 1 (part), 1998) 17.44.030 Design Review Committee Review Required. A. An exception shall be scheduled for review by the Desibl Revie«~ Conuluttee, not later than thirty- days after filing of application, _ . -: ._ .~ _ :. -:.:.:_, - B. Mailed t~~ritten notice of the hearislg on the sib 1 exception shall be given by the Director of Communty Development to all owners of record of real property (as shoi~7n J ~~ J r -. .~ r .- 14 - 113 Cite of Cupertino Draft (Re~-ised 10/l~/09) -~ 7 i1 the last assessment roll) which abut the subject property-, as well as proper~~ and its abutting properties to the left and right, directly opposite the subject property and located across a street, way, highway or alley. Mailed notice shall include owners of property whose only contiguity to the subject site is a single port. Said notice shall be mailed by first class mail at least ten days prior to the Design Review Conuiuttee meeting in which the application will be considered. The notice shall state the date, time and place of the hearing. A description of the sig11 exception shall be included in the notice. If the Director of Commuiuty Development believes the project may have negative effects beyond the range of the mailed notice, particularly negative effects on nearby residential areas, the Director, in lus _, _= discretion may expand noticing bed and the stated requirements. C. Compliance with the notice provisions set forth i1 this section shall constitute a good-faith effort to provide notice, and failure to provide notice, and the failure of any person to receive notice, shall not prevent the Cit<~ from proceeding to consider or to take action with respect to an application under this chapter. (Ord. 1844, ~ 1 (part), 2000; Ord. 1759, ~ 1 (part), 1995) 17.44.040 Findings for an Exception. The Design Revie~~~ Conunittee may grant an exception based upon all the following findings: A. That the literal enforcement of the provisions of this title ~~-ill result in restrictions inconsistent with the spirit and intent of this title; B. That the granting of the exception will not result u1 a condition which is materially detrimental to the public health, safety, or welfare; and C. That the exception to be granted is one that will require the least modification of the prescribed regulations and the miumuin variance that will accomplish the purpose. (Ord. 1544, ~ 1 (part), 2000; Ord. 1759, ~ 1 (part), 1995) 17.44.050 Action by Design Review Committee. The decision made by the Desib z Review Conuluttee is final unless appealed in accordance with Section 17.44.050. (Ord. 1844, ~ 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998) 17.44.060 Conditions for Revocation of Exception-I~TOtice Required. In any case where the conditions or linutations to an exception granted have not been complied with, the Planiung Comnussion may revoke the exception after notice and hearing in the same maiuler as defined i1 Section 17.44.030. (Ord. 1789, ~ 1 (part), 1998) 17.44.070 Exception Deemed Null and Void ~'Vhen-1\TOtification Required. Isi any case where an exception has not been used within one year from the date of issuance, or if abandoned for a period of thirty day-s, the exception will automatically 14 - 114 City of Cupertino Draft (Revised 10/1~/Q9) 48 become null and void upon t1'ritten notice from the Director to the property owner and/or tenant. (Ord. 1789, S 1 (part), 1998) 17.44.080 Appeals. ----- Anv person a` grieved by a decision of the Design Review Committee -- -- ----_ _ - _:. -- -- -: _..__. _ . may appeal such a decision u1 ~~~riting to the Plaiuning Conunission _ ~_ _ ~_, _~._.__. -_ -- _ _ - the procedures - set forth in - - _ - -- Qnapter 19.136, except that Planning Con11z1ission --- - - - - - ---- ------ --- -- (Ord. 1.987, (part), 2006; Ord. 1844, 4 1 (pa~•t), 2000; Ord. 1789, 5 1 (part), ] 998) 17.44.090 Reports to PIannin~ Commission. The Director, or designated representative, shall make i~-ritten reports on all exceptions granted, denied, or revoked udder this chapter. The reports shall be delivered to the Plarunilg Conunission ~~-ithin five calendar da~~s from the date of the decision. (Ord. 1844, ~ 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998) CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT section 17.52.010 Interpretation and enforcement of provisions. 17.52.020 Nonconformu1g signs. 1752.030 Abandoned or discontinued sighs. 17.52.040 Illegal signs-iVotice required-Sununary removal authorized z%-hen. 1.7.52.050 Storage of removed sighs. 17.52.060 Owner responsible for removal, alteration or relocation costs. 17.52.070 Illegal sib ns-Deemed public nuisance-Court action authorized. 17.52.080 Violation deemed infraction-Penalty. 17.52.090 Appeals from decisions of the Director. 14 - 115 Cih- of Cupertino Draft (Revised 10/1/09) 49 17.52.010 Interpretation and Enforcement of Provisions. The Director ._ _ _ __ _ is empowered to interpret and enforce the provisions and requirements of this title and to remove or cause to be removed any sign or other advertising structure ~~~luch has been constructed, erected, altered, relocated or maintained in violation of this title. Such po~~~ers include but are not rest2-icted to provisions and procedures set forth in the following sections of this chapter. Decisions by the Director _ - in relation to this title ma~% be appealed -- _ the Planlung Comrlussion set forth u1 Section 17.52090. (Ord. 1624, (part), 199'} 17.52.020 Nonconforming Signs. A. A 110I1confOl'I71111g s1gI1, _. _ unless made to conform to the provisions of this title, may not be structurall~% altered, expanded, moved, modified in any ~~-ay, be reestablished after 1. Discontinuance for - - -- ~_ days or more; or 2. Damage or destruction by _ _- __ - - - - - - ~c _ __~. of more than fifty percent __ ~.~ ~:_:_. B. Any noncolforming sign ~vluch vas legally erected i1z accordance ~~-ith the provisions of the ordinance in effect at the time of erection, or ~~~hich has a valid pernut from the City, shall be pernutted to remain until such time as 1. There is a change in the use of the property that the sign is located on; 2. There are alterations or enlargements to the site or building on the property uz excess of t<%-enty-five percent or more of the existing site or building. The amount of alterations shall be cumulative over time ---_ C. At such time as any of the events mentioned i11 subsections ~ al ~d B occur, the sign must be brought into conformance with this title. Anv_ business ~~%ith a nonconforming sign, ~:~_= ._ .:.. - -__ "_ _._~ - _ _ _ _~ _-_ _______, shall not be entitled to an additional sign unless the nonconforming sign is made to comply with the provisions of this title. (Ord. 1624, (part), 1993) 17.52.030 Abandoned or Discontinued Signs. Any sigh which pertains to a business or occupation ~a%hich is no longer using the particular sign or property, or ~vluch relates to a time ~vluch no longer applies, constitutes false advertising. The structure and copy shall Ue blanked out or removed ~~%ithill thirty days after the associated business, occupation or event has vacated the 14 - 116 Cite of Cupertino Draft (Re~~ised 10/15/09) j0 prenises. An abandoned sign is prohibited and the remot%al shall be the responsibility of the owner of the sign or the owner of the prenises. (Ord. 1624, (part), 1993) 17.52.040 Illegal Signs-Notice Required-Summary Remo~~al Authorized When. A. If the Director _ finds that any ,-------_---- sibs or other advertising structure has been constructed, erected, altered, relocated or maintained i1 violation of any of the provisions of this title or any other pertinent ordnance of the Cit<-, the Director shall - - r - inform the o~ti~ner and the tenant of the property on which the sign or structure is located, __ that the sign or structure must be removed ~~~ithil ten day s of receipt of the notice, or an application - must be made to the Director for sign approval. Failure to take the required action shall - result in a a-ininal or civil sanction as provided by - state law or any legal saiution or remedy set forth in this Code. B. If the Director :. _ finds that an~~ temporary sign or advertisilg device is in violation of this title or any other pertinent ordinance of the Cite, the Director _ . ~ ~ . _ :_ _ shall notify the owner of, or tenant using, the sign, in person or ~^,-riting, that the sign shall be immediate)}% removed. C. If the Director _ _ finds that any% sign or other advertising structure, j4%hether conforning with the ordinance or not, is an immediate peril or menace to the public, or to aszy person, the Director __ _ _ shall cause it to be sununarily removed. upon removal, the Director _ _ -__ _ _ shall give ja~ritten notice to the ozl-ner. (Ord. 1624, (part), 1993) 1752.050 Storage of Removed Signs. Any sign removed by the Director - ~ - _ - - ~ __ _ - - -_ ____._-_______ - -__ - - shall be stored in the Cit~T corporation ~%ard and may be claimed ~~~itlin --=- . _ -_ days after the sib 1 ~~~as removed, provided that any cost incurred by the Cite has been paid, and that a rene~ti~al of the building pernit for the sib z has 14 - 117 Cite of Cupertino Draft (Re~~ised 10/15/09) 51 been secured. If sib s are not claimed witlniln --- _ _,_ days after removal by the City, the City shall dispose of the signs. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.52.060 Owner Responsible for Removal, Alteration or Relocation Costs Any cost ilncurred by the City un the removal, alteration or relocation of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid b}- the o~~-ner or person having beneficial enjoyment of the property upon which such sign is located. (Ord. 1624, (part), 1993) 1752.070 Illegal Sims-Deemed Public Nuisance-Court Action Authorized. Ln the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this title, the sign shall be considered a public nuisance and the City Attorney is authorized to brung and prosecute an action u1 a court of competent jurisdiction to enjoin such person from continuing such violation. The procedures for nuisannce abatement are contained in Chapter 1.09 of tlnis'~lwnicipal Code. (Ord. 1624, (part), 1993) 17.52.OS0 Violation Deemed Infraction-Penalty. Aln~' person, firnn or corporation violating any provisions of this title shall be deemed guilty of an infraction, and upon conviction thereof, shall be pulnished in the same manner as other infractions provided under Chapter 1.12 of this Municipal Code. (Ord. 1624, (part), 1993} 17.52.090 Appeals from Decisions of the Director. A. The applicant, aggrieved by a decision of the Director ~ _ ~ -. _ _______ to order the remo~~al of a sign, may_ appeal such order or decision to the Plarunung COInnIlnlSSloln - _ -- - . - _ . c . ._. ; ~ - _ _ ,: .. P1ar':1~.~~~_ Cc~r_-u_~~,-ic.. decisic~;`~ shall bina] si s_"T~- ~ ~ ~ _ . ,.__1 _ ....- : ~.. ~.. '~<c'..._, u. ~ .::~i~ :. ~ .: r _. ire-. ~ ., ., _ .~ ...: . _ - 1 ~. _ ~ 1 1 -+ ~ r (Ord. 1b24, (part), 1993) r C ..~ .s 1 J :- ../ 14 - 118 APPENDIX A-1: SIGN APPLICATION APPROVAL PROCESS FLOW CHART Applicant verifies with Exempt Planning Staff whether proposed sibs is permitted, exempt or prohibited. Prohibited Permitted Submit sign program to Conununity Development for permits. Applicant may revise drawings Applicant may apply for an exception. 52 Submit required exhibits, fees and application form. Staff will review application for compliance with Sign Ordinance within 30 days. Staff will schedule hear- ing within 30 days. Approved Conunuiuty Development will issue permits. May install sib tis Design Review Commit- tee will review request in Approved conformance with excep- tion process and either approve, approve v~~ith conditions, or deny. Denied If denied, applicant may appeal to Plan- ning Commission. Appeal Approved Must submit written request to appeal decision to the City Clerk within 14 calendar days. Must submit written Approved request to appeal decision to the Plannuzg Department ~vithu114 calendar days. Denied Appeal If denied, applicant may appeal to City COUn~41' 119 53 APPENDIX A-2: EXAMPLES OF HOW TO MEASURE SIGN AREA Sign ~vith Uackground or Uorders Sign separated by 36 inches or more 14 - 120 Individually lettered sign APPENJDIX A-3: 54 EXAMPLES OF WELL PROPORTIONED SIGNS EXAMPLES OF SIGNS NOT WELL PROPORTIONED ~1~~6 0 a SCI l ~-1 Examples of Well Proportioned Signs 14 - 121 Examples of Signs not Well Proportioned 55 APPENDIX A-4: CUPERTINO STANDARD DETAIL 7-2 CORNER TRIANGLE -CONTROLLED INTERSECTIONS FORMULA CORNER SIGHT DISTANCE SD =Design speed X 1.467X 7.5 DESIGN 85th Sight Distance Seconds Criteria PERCENTILE Factor SPEED SD 85th percentilespeed 0 25 275 O 30 330 ~ 35 385 z 40 440 45 495 ~ 50 550 -~,~LS ------ G~ LS ~~ - S9 - ~ - t ~~ off-fl~~ ~ SD MAJOR ~i~OAD '` G ~~-- ~ -C-LS ~ _ _--- ~ , Ls ~ ~ LEGEND Set backs from edge of travel lane Y =Distance between the edge of roadway O1 Crosswalk set back = 24 feet +Y and the curb. Applies to parking, bike lanes, shoulders and/or combination. ~ O Limit line set back = 13 feet +Y LS =Line of sight SD = Signt distance G = Edge of travelway 14 - 122 56 APPErvDIX A-5: CUPERTINO STANDARD DETAIL 7-~ CORNER TRIANGLE -UNCONTROLLED INTERSECTIONS ~__~__ L~ 14 -123 A A F.O.C. SIDEWALK BACK OF SI SHADED AREAS BEHIND SIDEWALK SHALL BE FREE OF ANY OBSTRUCTION EXCEEDING 3 FEET ABOVE SIDEWALK ELEVATION (i.e., SIGNS, BUSHES) ALSO SEE DETAIL 7-2 (CONTROLLED INTER- SECTIONS) FOR FURTHER RESTRICTIONS LIP OF GUTTER 50' ti 8' 8' d DRIVEWAY d r x H H z r l --~ d r x r CrJ z CrJ d `~ r-~ ~~ n H z 0 C!1 H d d d C~'1 H r V l~ d x lJl V 58 APPENDIX A-7: EXAMPLE OF HOW TO FIGURE SIZE AND LOCATION OlF GROUND SIGNS 1 Ground Sign F,Ilowed: 130 ft Maximum Sign Area: 32.`> sq. ft. (130 ft/4 = 32.5) Sign Location: Center 50% begins at 32.5 ft. from side property lines. 8 ft. (Total Sign Height) 5 ft. (sign height) C C C C C~ D 10300 ~ 5"min. Curb Sign Area: 5 x 6.5 = 32.5 sq. ft. Sign Area equals height of sign face times length of sign face. (excluding base) Overall height of sign is measured from the closest curb. 14 - 125 i .su rt. street montage ~~~v, /lR ~: 14 - 126 59 City of Cupertino Draft (Revised 10/15/09) 60 INTRODUCED at a regular meeting of the c~upertino City Council this 20~ day of October, 2009, and ENACTED at a regular meeting of the Cupertino City Council this day of .2009, by thf~ following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 14 - 127 Attachment H CITY OF City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408)777-3251 C U P E RT I N O FAX (408)777-3333 Community Development Department SUMMARY Agenda Item No. Agenda Date: September 22, 2009 Application: MCA-2009-01 Applicant (s): City of Cupertino Property Location: Citywide Application Summary: Municipal Code Amendment to Title 17 of the Cupertino Municipal Code, Sign Ordinance. RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council adoption of the amendments to the Sign Ordinance, u1 accordance with the model ordinance (see Attachment 1). Project Consistency with: General Plan: Yes Zoning: Yes Environmental Assessment: Categorically Exempt per Section 15301, of CEQA BACKGROUND: On February 19, 2008, the City Council adopted in its 2008-09 work program, a review of the sign ordinance in order to make it more "business friendly." The first part of a phased ordinance amendment process was completed in October 2008 when the City Cotulcil adopted changes to Chapter 17.32 (Temporary Sign Regulations) of the Sign Orduzance. 'This proposed amendment is the second part of the process which involves a comprehensive review of the Sign Ordinance. DISCUSSION: COMMUNITY WORKSHOP On July 15, 2009, a community workshop was held by City staff to give the community an opportunity to review and discuss any concerns or comments related to the sib 1 ordinance. 14 - 128 MCA-2009-O1 Sign Ordinance Amendment SeptemUer 22, 2009 Paae 2 City wide notification ~~=as provided in form of a newspaper advertisement in the Cupertino Courier. Announcements about the ordinance update and the community meeting were made on the City's tvebsite, the City Chalulel, the Cupertino Radio station (1670 AM) and u1 the Cupertino Scene. Additional outreach effort included notification to the Cupertino Chamber of Commerce and the Legislative Action Committee. Eight people representing sign companies, property o~~=ners, property managers and residents attended the community meeting. Comments received from the community meeting are summarized as follo~~=s: • Add flexibility in ~~=all signs and grou~~d signs • Facilitate creative signs • Preserve ~~=e11-designed nonconforming signs • Expedite sign approval process • Lower threshold for requiring a Sign ?rogram Please refer to the Attachment 2 for the detailed notes from the public ~~=orkshop. ORDINANCE AMENDMENT OBTECTIVES Based on input received from the community ~~=orkshop and the City's past experience in ~~%orkillg with Uusiness o~~%ners to address their signage needs, the proposed changes to the Sign Ordinance are designed to meet the follo~~=ing objectives: 1. Increase flexibility 2. Streamline the approval process 3. Improve the readabilit~~ of the doculn~nt «-hile making it internally consistent and removing redundant language The follo~ti%ing sections of the staff report ~~-ill briefly explain the intent of each objective and a summary of key changes proposed in :he Ordinance. l . hTCREASE FLExIBILITY The City has received recurring exception rE quests with regard to the size, number anal location of signs in the last three 5%ears. Solve examples are as follows: • BUSmeSS 0~1%nerS ~Nalltlllg S1gI1S T1?lth characters, decorative embellishments and/or creative images larger than the main sign text as permitted by the Sign Ordinance (e.g. Curry House and ~Vahoo Fish Taco ~~-a11 signs) require an exception approval. • Businesses located iz1 satellite buildin;;s in a shopping center adjacent to prig=ate entrance drivezva~=s require an exception ~~ ~ 4 ~ Curry House Let tFr emi~ellfshme~%fs ca. use si~~z to be ~n..ller thrz%~ attor~~ed ;%1 t?ze Sig~7 Ordi~za,~~ce129 MCA-2009-O1 Sib Ordinance Amendment September 22, 2009 Paee 3 for a additional sign along the driveway iz addition to one along the street frontage (e.g. Charles Sch~~=ab at the Marketplace) Since the City has consistently supported these exception requests, changes to the Sign Ordinance are proposed to allow additional flexibility and facilitate creative designs that are architecturally harmonious and consistent with the intent of the Sign Ordinance (see Attaclunent 3). Changes are being proposed in the follo~vulg areas of the Sign Ordinance to allow additional flexibility: •:• Redefining how SZg11 G11171e11s101ZS al'e 111easul•ed The current Sign Ordinance regulates not only sign area but also sign height based on its distance from the street curb. any deviation from this rule, even if the sibs dimension and/or desib l is compatible with the building, requires an exception. The Clty's General Plan encourages buildings to be constructed closer to the street for better public interface. Howes%er, these buildings are not be able to fully utilize the sign height potential compared to a building further away even if the sibs desibl is proportional to the buildu1g. The current regulation also does not facilitate creative sib 1 images or letter embellishments because of the jva~% sign area is calculated. Staff surveyed Sigh Ordinances from sei-eral cities iz Santa Clara County and San 1\'Iateo County, and in other areas in California (see Attaclunent 4) and found that a majority of these cities do not regulate sign height in addition to sib 1 area. Additionally, several cities allowed the sign area to be measured so that the sign area contours with the elements of the sign (See Appendix 2 of Model Ordinance). Staff Recommendation: Staff recommends removal of the wall sigh height restriction and a more flexible way to measure sign area. This flexibility in addition to the existing design criteria i, the Ordinance will ensure that signs are architecturally proportional with the building and of high quality (See Page 16 of Attachment 5). •'• Landmark Sid~-Zs • There are monument signs within the City that have distinctive architectural character but do not conform to the current Sib1 Ordinance (size, height, number of name plates, etc.). The current Sign Ordinance does not allow for these signs to be structurally enhanced due to their non-conforming status. 14-130 y'ahoo's Fish Taco Fish on sign exceeds the max permitted Izeight by the Sign Ord;:na.~zce MCA-2009-01 Sib Ordinance Amendment September 22, 2009 __ Page 4 Staff Recommendation: A number of cities including Red~~~ood City, Morgan Hill and Pasadena have provisions to preserve signs of historic or architectural merit. Staff recommends amending the Sign ordinance to allow le ;al non-conforming signs ~~Tith a distilctive architectural style to be designated as La::ldmark Sib1s. Minor structural enhancements, minor modifications or rE location of the sib n within the same general area, following rep=iew by the Director of Connlnunity Development, may be allowed, provided that the architectural character of the sign is not compromised. A preliminary list of potential Landmark sighs is included for the Planning Commission's consideration (Page ~9 of .~ttacllment ~). ~n initial revie~~= of the City='s sib ns indicated a total of about six sib ns that appear to meet the architectural criteria. Based on Plalnlning Commission and Council input, staff t~=ill confirm the Landmark Sib ~ list ~~,ith the City's C0115L.1tll1g ATChltect. ':' BrQC.~e S1o115 I11e current Sign Ordinance does not allo~~= pedestrian-oriented blade signs. Blade signs are effective u1 promoting businesses that are located in pedestrian-oriented developments and at the same time provide unique architectural embellishments and texture to the building. Fedestrinn Oriented ~;~~u of ti~nta~aA Ro~~~ Staff Recommendation: Staff recommends that pedestrian-oriented blade sib ns Ue allo~~=ed by the Ordinance. Please refer to Pages 3, 12 and 24 of Attac:nment 5. :• Directory Signs The current Sign Ordinance does not allo~~= directorv signs to display busiless identity or logos (see below for examples). 14 - 131 MCA-2009-O1 Sign Ordinance Aulendment September 22, 2009 Paoe 5 Se~r+nr~ t~Twcz~w Directory Signs ,nr~t D5 Staff Recommendation: Generally, directory sighs are pedestrian-oriented and are untended to help patrons or customers find a particular busisness once they are on the site. It ~~~ould be appropriate to prop-ide additional graphical or visual assistance to make these sib ns more effective and easier to read. Therefore, staff recommends that additional tZexibility be allo~ti-ed to display small logos, symbols or insignias on directory signs not exeeedisng 33°io of the Sib n area of the Directory Sign. This will allow businesses additional sib n area above the total allowable wall sign area or ground sign area. •:• Additional jl~all Signs on Co~7rer Buildings Currently, only businesses (without a ground sign) on corner parcels adjacent to t~~-o public streets are allo~~~ed one additional wall sib n. Ho~~~et-er, businesses (~~Tithout a ground sign) that are adjacent to one public street and a private street or drive~l~ay to a shopping center are not allo`ved an additional wall sib n. See picture be1o~~~ for example: Sungle tenant buildings with more than 5,000 square feet are typically larger fornnat restaurants or retail buildings (e.g. Aqui, Staples) that also fLUnction as corner buildings /businesses. 14 - 132 Clzaz•les Schzc~ab Alloioed o~zly ooze sio~-+1. Got exceptao~7 for tzno signs -One facing Stevens Creek Blvd. rznd one along dri~~e~caay MCA-2009-01 Sign Ordinance Amendment September 22, 2009 Page 6 Staff Recommendation: The City has consistently supported Exception requests to allow additional wall signs for businesses located in satellite buildings adjacent to a public street and a private driveway. The findings for these prior exception approvals were that satellite buildings function like corner buildings and should therefore be treated in a similar manner. T11e cities of Pasadena and Palo Alto allow additional wall signs on building frontages on private streets, alley or di~ive~vays, as long as the wall sign areas are within the maximum allotted for each building frontage (see attachment 4). Therefore, staff recommends amending the Sign Ordinance to allow buildings with frontages along a public street and a driveway to be considered "corner building" and be permitted one additional wall sign. Additionally, staff recommends that single tenant buildings with more than 5,000 square feet be allowed one additional wall sig~1. • Ground Signs The current Sign Ordinance allows properties consisting of a minimum of 100 foot of street frontage and a combined street frontage and building setback of 150 feet one ground sign. Properties with a street fi-ontage of 500 feet are allowed two ground signs. This rule facilitates grounds sign> for buildings that are further setback from the street that are located on large properties. Staff Recommendation: The current General Plan encourages buildings u1 new development to be located closer to the street. Ther-efore, staff recommends allowing properties with a minimum street frontage of 100 feet one ground sig11 regardless of building setback (See Page 25 of Attachment 5). • Logos, Symbols or Insignia Currently the Sign Ordinance allows businesses an additional nine square feet of non-illuminated logos, symbols or insignia. Staff Recommendation: Staff recommends that Ordinance be emended to additionally allow illuminated logos, symbols or insignia up to nine scuare feet with a sign permit (See Page 24 of Attachment 5). • Additional Portable Signs The current sign ordinance allows each business one portable sign for supplemental advertisement purposes. However, larger retail tenants often have additional business entities within the same building (e.g., copy shop inside Staples or the bakery inside Whole Foods). In addition, larger format stores have multiple entrances and wide frontages, thus, creating additional demand for pedestrian- oriented portable signage. 74-133 MCA-2009-O1 Sign Ordinance Amendment September 22, 2009 Page 7 Staff Recommendation: Staff recommends that retail tenants with more than 20,000 square feet, be allowed one portable sign, up to four feet tall and two feet wide, per entrance, up to a maximum of three such portable si~-r~s. Additionally, one of these signs could be up to six feet tall and no larger than twenty four square feet, provided that it is not oriented toward a public right-of-~vay. • Otl2er Miscellaneous Changes Additional changes to the Sign Ordinance based on frequent requests from businesses and property owners to allow flexibility include the following: 1. Increase the allowable names on ground signs from five to six. (Page 25 of Attachment 5) 2. Clarify that 25% of the each store front bay may have a wildo~v sign as opposed to 25% of each ~n~indow pane. (Page 24 of Attachment 5) 3. Increase the allowable fuel price plates from six to eight fuel prices for gas stations. (Page 26 of Attachment 5) 4. Allow non-illuminated signs within one hundred feet of residential districts. (Page 28 of Attachment 5) 5. Allow up to two freestanding project announcement signs or two banners, up to a combined maximum area of sixty four square feet, where currently banners are not allowed. (Page 40 of Attachment 5) 6. Allow one building mounted for sale/lease/rent baruzer in non-residential areas, up to a maximum area of sixty four square feet, There thirty t~Jo square feet is currently allowed. (Page 40 of Attachment 5) 7. Remove tenant schedule for shopping centers that do not have an electronic reader board sign. Allowing businesses in shopping centers to display more than one baiuzer at a time. (Page 42 of Attachment 5) 8. Allow change of sign face for non-conforming signs that do not involve structural alterations (Page 48 of Attachment 5) 9. Allow longer grace period for non-conforming signs that have been discontinued from 90 to 180 days so property owners have sufficient time to find a ne~v tenant without having to remove or upgrade the sign. (Page 48 of Attachment 5) 2. STREAMLINE APPROVAL PROCESS In an effort to enhance the efficiency of the sign review and approval processes, the following amendments are proposed to the Sign Ordinance: • NeonILED Signs Neon and, the newer, light-emitting diodes (LED) embellishments to signs are now popular and can be aesthetically pleasing. Some examples of neon embellishments on signs include the BJ's restaurant on North De Anna Blvd and the Wahoo's Fish Taco restaurant sign on Stevens Creek Blvd (see pictures below). The current sign ordinance requires that these be approved by the Design Revie~~v Committee. 14-134 MCA-2009-O1 Sign Ordinance ~nendment September 22, 20109 _ Page 8 ltiahoo's Fish Taco'_~Teon BJ's Restaurant l~'eon Sig11s Embellishments Staff Recommendation: Staff recommends that approi~al of minor embellishments in neon and LED be allowed by the Director of Community Development. Sib Zificant use of neon or LED isz signs ~~-ould still have to be apprcwed by the Design Reviei~- Committee. • Sign Program The Sib1 Ordinance requires all comme.•cial buildings ~%-ith t~ti~o or more tenants to obtain a Sib z Program. I1ze original intent of the Sign Program is to ensure that sib ~s are cOILlStently designed and appropriately placed ~~-ithin the shopping center.The process could be more strealr lined by raising t11e threshold for requiring sib programs for buildings with four or more businesses. In addition, to allo~~- larger developments more creati~7ity, tl ~e Sib 1 Program for the development could a11o~v minor variations from the sign ordinance to encourage greater creativity and duality. Staff Recommendation: Staff recommends the follo~~=ing changes to the Sign Program regulations: • Exempt developments with four or more tenants from having to obtain a Sib1 Program. • Modify the criteria of the Sign Program to facilitate creative and uluque signs. • Allow minor ~Jariations from sign regulations provided that proposed variations are consistent with the architectural theme and desibz of the building and the proposed sign program will el~lzance the look and feel of the shopping center. 3. LMPROVE READABILITY, IIvLPROVE L`1TERNAL C0~1SISTEI~CY AND REMOTE REDtiNDAIvC~' Various sections of the Sigh Ordinance have been reformatted to improve readability as part of this Sign Ordinance amendment effort. The current sign ordinance is hard to read due to redundancies, inconsistencies and var~Ting formats. ~'Vhere possible, tables 14 - 135 MCA-2009-O1 Sib Ordinance Amendment September 22, 2009 Page 9 have been created to simplify data presentation and organization (see Attachment 5). Additionally, the Ordinance language has been clarified or removed to enhance readability and remove inconsistencies and redundancy. REMOVAL OF ILLEGAL SIGNS IN THE PUBLIC RIGHT OF WAY Currently, sibtrns placed illegally iz the public right-of-way may not be removed by Code Enforcement staff unless they are an "immediate peril or menace to the public." In addition, the Ordinance requires v~~ritten notification to the owner of the sign before removal of it (see Section 17.52.40 C on Page 49 of Attachment 5). Most of the time, these illegal signs do not have any contact information on them, making enforcement action difficult. Staff Recommendation Code Enforcement Staff recommends that ne~v provisions be added to the Sign Ordinance allowing removal of unpermitted and/or illegal signs located ii the public right-of-way without prior notification (see Page 49 of Attachment 5). Sib 1 owners will be notified after sign removal, if their contact information is available. Sib Zs that are made of cardboard or other non-durable materials will be considered "de minimus" in value and will be destroyed v~Tithout notification. Similar enforcement provisions may be found other cities, such as Santa Clara, San Jose, Mountail Viesv and Redwood City. Staff also recommends that a change be made to Section 17.52.050, in the number of days removed sibls must be stored by the City, to make it consistent with the proposed section above (see Page 49 of Attachment 5). COMMUNITY COMMENTS In addition to the comments received from the public workshop, staff has received an email from a resident of Cupertino, Mr. Bryant, who expressed concerns about havng the need for bilingual signs (including requirilg English as a necessary language -see attachment 6). Mr. Bryan contends that having signage in etlulic languages precludes larger segments of the commw.zity from using businesses. Further, Mr. Bryan believes that using English would promote better integration and provide for a healthier economic base in the City. The City Attorney has researched this issue and has found that sign content cannot be regulated without violating both First Amendment and Equal Protection rights (see Attachment 7). However, cities are allowed to require building numbers and street addresses in English to allow Fire and Police Departments to locate builduzgs in the event of an emergency (see Attachment 8). The Cupertino Sign Ordinance already includes this requirement. Consequently, the Planning Commission is advised not to make any recommendations relating specifying a particular language for signs. 14-136 MCA-2009-O1 Sign Ordinance ~~mendment September 22, 2009 Paae 10 ENCLOSURES Attachment 1: Model Ordinance Attachment 2: Comments from Communit~T meeting Attachment 3: Current Sign Ordinance Attachment 4: Matrix comparing Sign Ordinances of other cities Attachment 5: Strike out version of ordinance Attachment 6: Email correspondence from :V1r. Bryan Lanser dated September 8, 2009 Attachment 7: Email correspondence from City Attorney Carol Korade dated September 9, 2009. Attachment 8: Asian American Business Group v. City of Pomona (C.D. California) July 14,1989. Prepared by: Piu Ghosh, Associate Planner Reviewed by: _~ :7 _ / .~z~ ~~ ~~~ao City Planner Approved by: Aarti Shrivastava Community Development Director 14 - 137 OFFlCE OF THE CITY MANAGER CUPERTIN4 CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 950143255 TELEPHONE: {408) 777-3212 • FAX: {408) 777-3366 SUl~ZMARY Agenda Item No. SUBJECT Meeting Date: October 20, 2009 Consider approving the final employment contract for the City Attorney and adopt a resolution requesting the California Public Employees' Retirement System (Ca1PERS) Board of Administration approve the extension of the temporary appointment of retired annuitant Carol Korade beyond 960 hours in Fiscal Year 2009-x:010 by 630 Hours, extending the 960 hours for the City Attorney, Resolution No. 09- ~~ BACKGROUND The City Council of the City of Cupertino desires to employ Carol Korade as the full time, regular City Attorney. To accomplish that, an employment contract {Attachment A) has been drafted and reviewed by outside special counsel on behalf of the City Council and executed by Carol Korade. The tezm of the attached Employment Contract for City Attorney commences upon the resolution of various Ca1PERS issues including the negotiation of a Memorandum of Understanding with a newly established City Attorney Unit and the reinstatement of Carol Korade from her Ca1PERS retirement. Once the Employment Contract for the City Attorney commences, it extends until August 2015 unless terminated earlier by the City Council or Carol Korade. Accompanying this staff report is also a resolution by City Council of the City of Cupertino requesting the California Public Employees' Retirement System (Ca1PERS} Board of Administration approve the extension of the temporary appointment of retired annuitant Carol Korade beyond 960 hours in Fiscal Year 2009-~ 010 by 630 hours. As a retired annuitant under CaIPERS, Carol Korade can serve in an appointment with a Ca1PERS agency such as the City of Cupertino for 960 hours in a fiscal year. Carol Korade has been serving in the appointment of Interim City Attorney since July 1, 2009 and it is anticipated that she will reach the 960 hour limitation on or about Febru;az-y 5, 2010. In anticipation that the above- referenced Ca1PERS issues may not be resolved by February 5, 2010, the attached Resolution _ ~ requests the approval of the CaIPERS Board of Administration to extend by 630 hours the temporary appointment of Carol Korade as Interim City Attorney during fiscal year 2009-2010. The additiona1630 hours will take Carol Korade through June 30, 2010. It is not anticipated that all of the 630 hours will be needed. However, it is recommended that in order to ensure uninterrupted Interim City Attorney services, the Council seek approval of the 630 hours in the event that the resolution of the above-referenced CaIPERS issues takes longer than anticipated. The attached Resolution will only be submitted in the event that it appears that resolution of the above-referenced CalPERS issues will extend beyond February 5, 2010. FISCAL IMPACT The Attorney contract will result in an annual salary and benefit cost to the City of Cupertino of $268,900, exclusive of retiree medical costs. In addition, the position is eligible to participate in the City Housing Policy whereby Cupertino will loan up to five times annual salary and up to 30%a equity in a city residence. RECOMMENDED ACTION It is recommended that the City Council: Approve the Employment Contract for the City Attorney. 2. Adopt the resolution requesting the California Public Employees' Retirement System (Ca1PERS} Board of Administration approve the extension of the temporary appointment of retired annuitant Carol Korade beyond 960 hours in Fiscal Year 2009-2010 by 630 hours. Submitted and Approved for submission by: ~~~~1~.. David W. Knapp City Manager Attachment A: Employment Contract for City Attorney Attachment B: Draft Resolution 09-.~ 15-2 Attachment A EMPLOYMENT CONTRACT FOR CITY ATTORNEY This Employment Contract is madE; and entered into this _ day of October, 2009, by and befiween the CITY OF CL~PERTINO, STATE OF CALIFORNIA, A Municipal Corporation, by and through its City Council (EMPLOYER), and Carol Korade EMPLOYEE). RECITALS: A. EMPLOYER is a Municipal Corporation of the State of California. B. The City Council of the (:ity of Cupertino, in accordance with the provisions of its Municipal. Lode, desires to employ the services of EMPLOYEE as the City Attorney. C. EMPLOYEE desires to reinstate from retirement and accept employment as Cupertino City Attorney. D. It is the desire of both EMPLOYER and EMPLOYEE to set forth the terms and conditions of said Employment. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 15-3 ARTICLE I TERM OF EMPLOYMENT Section 1.01. Tezm of the Contract: This Contract will commence on the date the PERS employment and group sta-tus of EMPLOYEE is finalized, unless extended by written agreement of the parties, and will automatically expire on August 31, 2015, unless-extended in writing by the parties. On or within 30 days of August 31, 2014, EMPLOYEE shall notify EMPLOYER of the expiration date of August 3 1, 2015. In the event that EMPLOYER does not intend to extend this Contract beyond expiration, it shall notify EMPLOYEE in writing of its intent net to extend prior to the effective date of expiration. Failure of the EMPLOYER to provide such notice shall not affect the expiration date of August 31, 2015. Section 1.02 Terminations Prior to Expiration. Notwithstanding any provision contained in this Contract to the contrary, EMPLOYEE understands and agrees that she serves at the pleasure of EMPLOYER and may be terminated prior to expiration of this Contract at the will of EMPLOYER, subject only to the severance provisions set forth in Article V of this Contract, and the ozdinance provisions as set forth in Section 2.18.110 of the Cupertino Municipal Code. In like manner, nothing in this Contract shall prevent, limit, oz otherwise interfere with the right of EMPLOYEE to resign at any time from the position of City Attorney subject only to the notice provisions set forth in Article V of this Contract and the ordinance provisions as set forth in Section 2.18.110 of the Cupertino Municipal Code. 15-4 2 EMPLOYEE further acknowledges that EMPLOYER has made no implied, expressed, or written assurances of continued employment with the City of Cupertino other than as specifically set forth in this Contract. ARTICLE II DUTIES AND OBLIGATIOTfS OF EMPLOYEE Section 2.01. Duties. EMPLOYEE: hereby agrees to employ EMPLOYEE as City Attorney of the City of Cupertino to perform the functions and duties as specified in the Municipal Code, California Constitution, and California Statutes, and to perform such other legally permissible and proper duties and functions as EMPLOYER shall from time to time assign to EMPLOYEE which are reasonably related to the position of City Attorney, including, but not limited to: (a) Attendance at City Council meetings and other meetings as required; (b) Research, preparation and review of ordinances, resolutions, agreements, contracts, leases, written opinions and other documents of legal nature necessary or requested by the City Council; ' (c) Provision of all legal advice on behalf of the City to the City Council, City Manager, and other City officers and employees; (d) Representation of the City, members of the City Council and other City officers and employees in litigation as necessary; {e) Selection, retention, supervision and monitoring of outside legal counsel as required; {f) Commencement and prosecution of criminal actions and civil abatements necessary and appropriate to enforce City's ordinances; 15-5 (g) Monitoring and advising the City Council and City staff regarding legislation and case law affecting the City. Section 2.02. Devotion to Duties. EMPLOYEE agrees to devote productive time, ability, and attention to the business of EMPLOYER during the term of this Employment Contract. This Contract shall not be interpreted nor intended to prohibit EMPLOYEE from making passive personal investments, conducting private business affairs or providing volunteer or limited legal services if those activities do not interfere with the services required under this Contract. Section 2.03. Performance Evaluation Procedures. The City Council shall review and evaluate the performance of EMPLOYEE at least annually, or on any other schedule deemed appropriate by the Ciiy Council. Said review and evaluation shall be in accordance with specific criteria developed by EMPLOYER after consultation with EMPLOYEE. ARTICLE TII COMPENSATION Section 3.01. Compensation. EMPLOYER agrees to pay to EMPLOYEE for services rendered by her pursuant to this Contract a monthly base salary of $17,145, payable in installments at the time as other employees of EMPLOYER are paid. EMPLOYEE'S monthly base salary shall be adjusted by any percentage increase given to Department Heads of EMPLOYER generally and shall not be decreased unless in a percentage consistent with a decrease applicable to Department Heads of EMPLOYER generally. At the time of EMPLOYEE's periodic evaluations, EMPLOYER may consider an additional compensation package increase including, but not limited to, m.ezit pay or an additional increase in salary or benefits. 15-6 4 Section 3.02. Deferred Compensation. City shall provide to EMPLOYEE the same deferred compensation plan that may be provided to other Department Heads and Confidential employees, if any. ARTICLE IV EMPLOYEE BENEFITS Section 4.01. Automobile Allowan+je. During the term of this Employment Contract, EMPLOYEE, to the extent necessary to perform her duties, shall use her own personal vehicle. EMPLOYER, in consider~ition thereof, shall pay EMPLOYEE the sum of $350 per month as an automobile allowance. EMPLOYEE shall be responsible for the payment of all operating expenses of the vehicle, including, but nit limited to, gasoline, oil, service and repair, and, if necess<ry, the replacement of her automobile. EMPLOYEE shall procure and maintain, at her expense, a comprehensive automobile liability insurance policy on the vehicle being; used by her, in an amount that is acceptable to EMPLOYER. During the course of this Employment Contract, EMPLOYEE shall provide EMPLOYER with written documentation that said insurance policy is in full force and effect. Section 4.02. Vacation and Sick Leave. EMPLOYEE shall be credited with 22 days of vacation and 12 days of sick leave as of the commencement of employment, Annual vacation and sick leave shall be accrued and administered in the same manner as vacation and sick leave is administered far Department Head employees of EMPLOYER Section 4.03, Benefits. EMPLOYEE shall be entitled to receive benefits provided by EMPLOYER at a level no less than that provided to other Department Heads of the City, which presently consist of retiremc,nt benefits, family health coverage, life 15-7 ~~ insurance, disability insurance, sports club membership, administrative leave, floating holidays and holidays. The benefits so provided are subject to modification during the course of this Contract at the sole and absolute discretion of EMPLOYER at such times and to such extent as EMPLOYER may deem appropriate provided, however, there shall be na reduction in benefits unless EMPLOYER implements the same reduction of benefits to all other Department Heads of the City (except as specified below for retirement and lifetime medical benefits}. EMPLOYER agrees that EMPLOYEE has a contract right to retirement benefits and lifetime medical benefits that is vested as of the date of commencement of the term of this Contract and is deemed 'irrevocable. EMPLOYER shall also recognize and apply to this Contract, any benefit or compensation changes resulting from any Memorandum of Understanding {MOTS ar Resolution that may exist in the future from a bargaining unit that the City Aitarney position may be allocated to pursuant to the City's personnel policies and that such MOU and Resolution is incorporated herein by this reference as though set forth in full. Notwithstanding the above, EMPLOYER agrees that the retirement and lifetime medical benefits to be paid to EMPLOYEE upon retirement shall not be less than that based upon the calculation in effect at the time of commencement of this Contract and may not be reduced. Section 4.04. Professional Dues and Subscrit~tions. EMPLOYER agrees to pay for EMPLOYEE's annual membership to the State Bar of California and for professional dues and subscriptions of EMPLOYEE directly related to or beneficial to her duties as City Attorney, provided the City Council has made provisions far such costs in the annual budget. 15-8 6 Section 4.05 Expenses. EMPLOYEE shall be entitled to reimbursement for alI reasonable expenses necessarily incurred by her in the performance of her duties upon presentation of vouchers indicating the amount and purpose thereof, and further provided that such expenses are in accordance with policies established from time to time by EMPLOYER and consistent with budget allocations adopted by EMPL4YBR for that purpose during the term of this Employment Contract. Section 4.46. Moving and Relocation Bxt~enses. EMPLOYEE shall be reimbursed or EMPLOYER may pay directly for the expenses of packing, unpacking, and moving herself, her family; and her personal property from Alameda to Cupertino; California, not to exceed a maximum of $8,4+}4. Moving shall also include any necessary storage and insurance costs. Section 4.47. Professional Development. EMPLOYER hereby agrees to pay travel and subsistence expenses of EMPLOYEE for professional and office travel, meetings, and occasions adequate to continue the professional development of EMPLOYEE and to adequately pursue necessary official functions for EMPLOYER., including, but not limited to, city attorney associations and such other national, regional, state, and local government groups and committees thereof which EMPLOYEE serves as a member, provided the City Council has made provisions for such costs in the annual budget. EMPLOYER also agrees to pay tuition, travel, and subsistence expenses of EMPLOYEE for courses, institutes, and seminars that are necessary for her professional development and for the good of the City provided the City Council has provided for same in the annual budget. 15-9 7 Section 4.08. Housing Assistance. EMPLOYEE may elect to receive Housing Assistance for Department Heads consistent with the EMPLOYER'S Housing Assistance Policy in effect on the date of execution of this Contract, with any loan repayment to be due two years after termination of employment or August 3 i, 2013, whichever is Later. ARTICLE V TERMINATION AND NOTICE 5.01. Termination ofEm~lo Tment and Severance: a. Subject to the provisions of Section 2.18.110 of EMPLOYER'S Municipal Cade, EMPLOYEE serves at the pleasure of the EMPLOYER and nothing herein shall be taken to prevent, limit or otherwise interfere with the right of EMPLOYER to terminate the services of EMPLOYEE with or without cause; provided, however, EMPLOYER shall take no action to terminate the services of EMPLOYEE within niinety (90) .days after an election at which one or more new members are elected to the City Council or where the effective date of termination is less than one year and one day after commencement of the term of this Contract. There is no express or unplied promise ra~ade to EMPLOYEE for any form of continued employment. This Contract and the EMPLOYER'S Municipal Code Chapter 2.18 are the sole and exclusive bases for an employment relationship between EMPLOYEE and EMPLOYER. b. If the EMPLOYEE is terminated by the EMPLOYER prior to expiration of this Contract, while stir willing and able to perform the duties of the City Attorney, EMPLOYER agrees to pay EMPLOYEE a single lump sum payment made an the effective date of the termination, in an amount equivalent to nine months aggregate salary and aggregate medical insurance benefit allowance. If notice of tenninatian is given less than three months and one day after commencement of the term of this Contract, 15 - 10 8 EMPLOYER aggress to pay EMPLOYEE her aggregate salary and aggregate medical insurance benefit allowance until one year .ind one day after the commencement of the Contract and no additional severance payment is owing. If this Contract is not renewed, then EMPLOYER shall either provide EMPLOYEE with nine months prior notice of nonrenewal or shall pay EMPLOYEE a single lump sum payment made on the effective date of the termination in an amount equiv<~lent to the difference between nine months aggregate salary and medical insurance benefit allowance and the amount of such aggregate salary and medical insurance benefit allowance computed for the number of months of notice actually given. Any such payments will release EMPLOYER from any further obligations under this Contract. Contemporaneously with the delivery of the severance pay herein above set out, EMPLOYEE agrees to execute and deliver to EMPLOYER a release releasing EMPLOYER of ail claims that EMPLOYEE may have against EMPLOYER. c. Notwithstanding paragraph (b) above, EMPLOYER shall not be obligated to pay, and shall not pay, any amounts or continue any benefits under the provisions of paragraph (b}, if EMPLOYEE is terminated because of a crime of moral turpitude or a violation of statute or law constituting misconduct in office. Further, EMPLOYER shall not be obligated to pay, and shall not gay, <<ny amounts or continue any benefits under paragraph (b), in the event EMPLOYEE voluntarily resigns or retires without affirmative action by EMPLOYER to terminate, initiate termination proceedings or request resignation. 15 - 11 9 ARTICLE VI MISCELLANEOUS Section b.01. Form of Notices. Notices pursuant to this Contract shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows: a. The CITY: Mayor and City Council City of Cupertino 10x00 Torte Avenue Cupertino, CA 95014 b. EMPLOYEE: Carol Korade 9 Chatham Pointe Alameda, CA 94542 Alternatively, notices required pursuant to this Contract may be personally served in the same manner as is applicable to civil judicial process. Notice shall he deemed given as of the date of personal service or as of the date three days after deposit of such written notice, postage prepaid, with the United States Postal Service. Section 6.02. Bonding. EMPLOYER shall bear the full cost of any fidelity or other bonds required of EMPLOYEE under any law or ordi~.ance. 15 - 12 10 Section 6.03. Indemnification. EMPLOYER shall defend, save harmless and inde~xznify EMPLOYEE against any tort, professional liability claim or demand, or other Iegal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee', duties as City Attorney. If EMPLOYER compromises or settles any such claim or suit, EMPLOYER sha11 pay the amount of any settlement, or if the claim or suit results in a judgment against EMPLOYEE, EMPLOYER shall pay any such judgment. This indemnification does not apply to any act, action; or omission arising out of the gro~~s negligence, willful misconduct on the part of EMPLOYEE, or acts of EMPLOYEE outside the course and scope of her duties. Section d.04. General Provisions. A. The text herein shall constitute the entire Contract between the parties. B. This Contract shall be binding upon and insure to the benefit of the heirs at law and executors of EMPLOYEE, C. This Contract may only be modified upon the written consent of the EMPLOYER and EMPLOYEE. D. In any action to enforce the terms of this Contract, the prevailing ' party shall be entitled to recover reasonable attorney's fees and court costs and other non-reimbursable litigation expenses, such as expert witness fees and investigation expenses. Section 6.05. Severabiliiv. If any provision, or any portion thereof, contained in this Contract is held unconstitutional, invalid or unenforceable, the remainder of this 15 - 13 11 Contract shall be deemed severable, shall not be affected, and shall remain in full force and effect. III WITNESS WHEREOF, EMPLOYER has caused this Contract to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed this Contract, both in duplicate, the day and year fixst above written. ATTF;ST: City Clerk APPROVED AS TO FORM: - ~- _E Linda A. Tripoli, Esq. CITY OF CUPERTINO Mayor "EMPLOYEE" 15-14 12 DRAFT RESOLUTION N0.09-171 Attachment B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REQUESTING THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) BOARD OF ADMINISTRATION APPROVE THE EXTENSION OF THE TEMPORARY APPOINTMENT OF RETIREE) ANNUITANT CAROL KORADE BEYOND 960 HOURS IN FISCAL YEAEZ 2009-2010 BY 630 HOURS WHEREAS, the former City Attorney for the City of Cupertino retired effective in December of 2008; and WHEREAS, the Cupertino City Council retained Bob Murray & Associates to conduct a full recruitment for the purposes of employing a full time, regular City Attorney; and and WHEREAS, that recruitment did not result in the employment of a full time, regular City Attorney; WHEREAS, Carol Korade retired under the California Public Employees' Retirement System (CALPERS) from the City of Alameda, California ire the position of City Attorney effective in August 2006; and WHEREAS, the City Council of the City of Cupertino appointed Carol Korade to the position of Interim City Attorney, a position deemed to be of limited duration and requiring specialized skills, effective July 1, 2009; and WHEREAS, Carol Korade, as a retired annuitant, is expected to reach her maximum 960 hours of appointment allowable in this fiscal year under Government Code Section 21222{h) on or about February 5, 2010; and WHEREAS, due to the extended and unanticipated time required to recruit and employ afull-time regular City Attorney and due to the important and ongoing need for legal representation of the City Council and the City's various Departments in the interim. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: In accordance with Government Code Section 21221(h), the City Council of the City of Cupertino requests that the CaIPERS Board of Administration approve a~n extension for the temporary employment of Carol Korade for 630 additional hours through June 30, 2010, not to exceed a total of twelve months. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of October, 2009, by the following vote: Vote Members of the C~ Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Ma;~or, City of Cupertino 15 - 15 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENL E • CUPERTiNG CA 95014-3255 TELEPHONE: j4081 ~"`7-3223 • FAX 14081 777-3366 CUPERTINO SUMMARY Agenda Item No. MEETING DATE: Oct. 20. 2009 SUB,TECT Consider chances to future meeting dates. BACKGROUND The timing of the election and the winter holidays create some impacts on the regular City Council meetings, as shown below. November 3, 2009 Municipal Code Section 2.04.010 states that "City Co~incil meetings that fall on any Election Tuesday shall automatically be moved to the first Monday of t1-e month.'' which is Nm-ember 2. Council briefly discussed that change at a prior meeting, and agreed to hold the meeting on November 2. November 17, 2009 Does Council ~~~ish to hold a study session on the Mary Ave. Village project before the regular meetinQ~ Packet delivery for this meeting ~~, ould be on Thurs., r1ov. l 2 since ~T~ted., Nov. 11 is a holiday. NOVEMBER Sun Mon Tues Wed Thur Fri Sat l 2 3 4 5 6 7 Council Election Day Me~etina (Council meeting nun•ed to 11-2 8 9 ]0 ]1 ]2 ]3 14 Plannins CLOSED Packet Cotmission Veteran's Da~• delivery for Holiday 11-17 meetine l ~ 16 17 l 8 19 20 2 ] Council Meetins ` cstt,dy sessinn'1 22 23 24 25 24 25 28 Planning CLOSED CLOSED Commission T~~'8Zv~8 Thanksgiving Holiday HaZiday 29 30 16-1 October 20, 2009 Page 2 December 1, 2009 The installation ceremony for ne~~,rly-elected Council members and the new Mayor and Vice-Mayor will take place on December 1. No other items of business ~~-il] be conducted. Council members agreed to set aside the evening of Wednesday, December 2, if necessary, to address any business matters that cannot be held over until December l5. January 5, 2010 The packet ~~~ould be de]ivered to' Council on December 23, and then City Hall will be closed until January 4. Because of the several holidays and the possible cancellation of the Planning Commission meeting. staff recommends cancellin~~ the January 5 meeting, but reserving that evening !or another evening that ~~~eek) for any urgent business that cannot be held over until January 19. DECEMBER-JANUARI' Sun Mon Tues Wed Tburs Fri Sat 1 2 ~ •~ 5 S~~~earin~**-In Hold for City Ceremon~~ Council rnu lnrsinessl [discussed Oct 6/ 6 7 8 4 ]0 ll 12 Planning Comnssion ~~ I-1 ~ I6 ~~ is ~9 City council 20 2l ?? ''3 24 25 ~6 Planning Commission Tentarii•e CLOSED CLm'SED !llav be Council Packer Christmas Eve Christmas cancelled deliver CLOSED CEASED CLOSED CLOSED CLOSED New' Year's Eve Ne~+• }'ear's Dav 3 -~ i 6 7 8 9 Tenrarire Hold for• City Council l0 it l2 l3 14 la l6 Planning Conunission l7 18 ]9 20 ~] 22 23 CLOSED City Council Martin Luther King Day 2~ 25 26 Planning & 37 28 29 30 Commissioner Commissioner Inter~•ieU~s • Intervie~~~s 16-2 October 20, ?009 STAFF RECOMMENDATION Page 3 Staff recommends that the City Council do the following: 1. Hold a business meeting on Monday, November 2 2. Conduct a study session for the Mary Are. Village project on Novemberl7 before the regular meeting 3. Conduct the swearing-in ceremony on Tuesday, December 1 4. Set aside the evening of Wednesday, December 2 for a meeting if one is necessarv 5. Cancel the regular meeting on January 5 6. Set aside the evening of January 5 or another day that ~~~eek for a meeting if one is necessary Submitted by: Council: ~~~ ~,~~~ ~,,~- Kimberly Smith City Clerk Approved for submission to the City l~ ~~ David W. Knapp City Manager 16-3 DRAFT ORDINANCE NUJ. 09-2049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE SECTION 14.04.040, STREET IMPROVEMENT REQUIREMEIITS -GENERAL, TO INCLUDE LANGUAGE REGARDING RURAL AND SEMI-RURAL DESIGNATION FOR PROPERTIES WITH FRONTAGE ALONG MORE THAN ONE STREET THE CITY COUNCIL OF THE CIT'~ OF CUPERTINO DOES HEREBY ORDAIN that Cupertino Municipal Code Chapter 14.04, Section 14.04.040 B., is amended to add the following underlined language: B. Certain local streets not covered under the hillside development provisions of this Code may be of such a nature that the City can determine them to be eligible for modified street improvement standards. Developers of properties that front on unimproved or partially improved portions of such a street may apply to the City to modify the improvement standards for that street by requesting that the City adopt a rural or semi-rural designation for that street. In the case of lots having street frontage along more than one street, a rural or semi-rural designation, once approved, shall apply on[y to the fro:ntagLe or frontages that have been included in a successful petition f ~r- such desi anon. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6~' day of October, 2009, and ENACTED at z~ regular meeting of the City of Cupertino this 20th day of October, 2009, by the following v~~te: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 17-1 EXHIBITS BEGIN HERE ZT~~ i ~ CITY OF CUPERTINO ~ ! Q ,2© ~D EXHIBI`~ CUPERTINO DRAFT SIGN ORDINANCE REVISED 10/20/2009 BLACK AND STRIKEOUT -Language has been consolidated into table (e.g. ~~~'-.,.b.,^g^ RED AND STRIKEOUT -Language has been deleted (e.g. ' ",~~'~"b"~'o"' "~~'~~~•~ ~'~'~`~`' ) RED AND UNDERLINE -Language has been added (e.g. l iris language has been added) BLUE AND STRIKEOUT OR UNDERLINE -Language has been deleted or added per City Attorney recommendation (e.g. - -~ _--__,_, ~..__.._ _._.~.~.:~..~~- -,_. _ _~.r:~_ ., .~.._...~.,.., T~'x t ~t~\E'~ Text boxes in the margins indicate why changes have been proposed CHANGES BETWEEN DRAFT DATED 10/15/2009 & DRAFT DATED 10/20/2009 YELLOW HIGHLIGHTED TEXT -Changes proposed to: 1. Remove redundancy or 2. Add clarification and 3. Language to ensure the intent of the existing ordinance is carried over to the new ordinance. T~Xt BOXES Text boxes in the margin to indicate reasons for these additional changes proposed City of Cupertino Draft (Re~•ised 10/20/09) ORDINANCE NO. 09-20XX AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING TITLE 17, TITLE 17: SIGNS' ~ ~--~ a ~..~ SIGN ORDINANCE, OF THE CUPERTINO MUNICIPAL CODE. THE CUPERTINO CITY COUNCIL DOES HEREBY ORDAIN that the following sections of the Cupertino Municipal Code shall be amended to read as follows: Chapter 17.04 General Provisions 17.08 Definitions 17.12 Administrative Procedures 17.16 Exempt Signs 17.20 Prohibited Signs 17.24 Sign Regulations 17.32 Temporary Signs-Regulations 17.44 Sign Exceptions 17.52 Compliance and Enforcement Prior Ordinance History: Ords. 746, 894,1208, 1320 and 1414. CHAPTER 17.04: GENERAL PROVISIONS Section 17.04.010 Short title. 17.04.020 Purpose and intent. 17.04.010 Short Title. ~~,-.a : •, , •, -_.- , ,_ ~ , . _,,.~ ; : , , a ; •, Chapters 17.04 through 17.54 of this title, shall 1lereafter be known and cited as t11e "sign ordinance." (Ord. 1624, (part), 1993) 17.04.020 Purpose and Intent. <« `<<, ~~~ ~u~.<<«~«„_. qtr;, I„ ,~~. _._, . _ `~ ~~ - - - ~,.,~..... , ~~,., , -. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic appearance of the City. '- City of Cupertino Draft (Revised 10/20/09) 3 ~, ~„ , ~,- A good sign. program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community. T'~~ ~,,," ,_ +~ - ,+„ , - ,~ , r+ +", .+ , ,;n ~,-„~~ec~i~;s-cwt-~-sig~ • - - .~ 4. ~Ci-eir~tl~E~~i-rc'cirici•r"cc-vi c z~crtiz-zcz=rcr'ricx J -. ~. ,.; C. `^':+~. +,,,,.-„ ~.,,'_- : ,.a, +The City has adopted this title, ~~ ",~~-', ~ "+-~"'~~.a ~~~ith the intent to: 1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping; 2. Provide regulations of sign ~i~~~~;= ~iimen~ic~n~ and quantity which will allow for good visibility for the public and t11e needs of the business while providing for the safety of the public by minimizing distraction to the motorist and pedestrian; 3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify; 4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses; 5. Provide procedures which will facilitate the efficient processing of sign applications; and 6. Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors. - ~ ~, _ ` ' b,~ ~ . (Ord. 1624, (part), 1993; Ord. 1987, (part), 2006) .~ v - J _ ~ . _ _ r- .+ J ., ., b ^/ ., 1,,,<<, „ +1,,, ~,FF.,.-+;~ ~, ,ate+l, ~,F (l,-~; ., '1 7ti~• , ~i~~l] ;+ ~FF~-+ ~ r~~~- ~+;~ '~ , , b b b r / / CHAPTER 17.08: DEFINITIONS Section City of Cupertino Draft (Revised 10/20/09) 4 17.08.010 Definitions. 17.08.010 Definitions. -- All definitions in Chapter 1x.08, Definitions, of the Cu~~ertino Municipal Code are `-~=r applicable to this chapter. '~ :~ "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification. `1 "Alteration" means any permanent change to a sign. "Animated sign" means any sign which projects action, motion or the illusion thereof, changes intensity of illumination or changes colors, including the likes of balloons, baruzers and flags, and blowing or air-powered attractions, but excluding electronic readerboard signs and signs that display the current time or temperature. ,~ "Architectural projection" means any permanent extension from the structure of a . building, including the likes of canopies, awnings and fascia. r "Baruzer" means atemporary --- display consisting of fabric, canvas, plastic -: or paper material which is attached to a building, vehicle, pole or other form of support. „Blade sib n" n»ai7~ a pedestrian oriented ~~~-n, ~~djacent tc~ a hedestriar~ ~~~alk~~a~ or ~ sidewalk, attached to a buildingwall, marquee, av,~iung or arcade ~1iti~ the e~h<~5ed fait _ cif the ~i;~n in a~lane ~?er~~endieular t~~ the ~~l<~ne of the huildin,~ ~~-~~11. -- ~_; "Building frontage" means the length or the surface of the building wall which faces, ~' and is visible to the general public from, a ~=i~ ate ~~r public right-of-way or drivt~~ a~ . ~.~ "Changeable copy sign" means any sign, or portion thereof, which provides for. each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs, but excluding electronic readerboard signs and signs which display the current time or temperature. "Change of face" means any changes to the letter style, size, color, background, or message. "Commercial district" means an area of land designated for commercial use in the current Cupertino General Plan. "Community organization" means a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses located therein. ~ 'G . '-~ "Corner triangle" means atriangular-shaped area of land adjacent to an intersection ^~ of public rights-of-way, as further defined in Cupertino Standard Details Drawings ~ Nos. 7-2 and 7-4. Unobstructed. views over these areas are essential to the public safety for bicyclists, motorists and pedestrians. (See Appendix A-~_, Cupertino Standard ~, Detail 7-2; Corner Triangle--Controlled Intersections, and A-H~, Cupertino Standard , Detail ?-4; Corner Triangle-- Uncontrolled Intersections,', ~~', ~~~, }~'•~ ~•, +'~t-r-~~~~t;; ,for details.) ~ti City of Cupertino Draft (Reaised 10/20/09) "Decorative statuary" means any structure or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Development Identification Sign" means a wound sign at the major entr~~ to a residential development with t~n~ent~~ units or more meant to identif~~ the name and address of the development. "Directional sign" means any sign which primarily displays directions to a particular area, location or site. "Director" means the Director of Community Development for the City or any authorized representative thereof. "Directory sign" means any outdoor listing of occupants of a building or group of buildings. "Drip ewa~ "' means an~~ dri~~e~~ a~~ that provides a business direct access ~~',~~-,+ , ~ ,.,-,"~~ ; r'-e~'•„~~ to a public or private street. "Electronic readerboard sign" means an electronic sign intended fora periodically- changing advertising message. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. l7 b b "Foot-lambert" means a unit measurement of the brightness of light transmitted through or reflected from an object or surface. "Freeway" means any public roadway so designated by the State of California. ~4II ~,-,~, , ~i,,, ~,; ~, - ; a,,.- , ~ - I -~ ' ~~," "Freeway oriented sign" means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. C .~ r rJ ..--+ .~ ~, CJ r :-~ ~_ X C%. ,J J r J J N "Gasoline service station" means any place of business which offers for sale any motor vehicle fuel to the public. ~, "Ground sign" means any sign permanently affixed to the ground and not supported ~= by a building structure. the height of s~~ch sins shall tie measured fr-um the grade of -~ the adj~~inin~~ closest side~~~alk to the top of th~~ sign including trin~l_ "Identification sign" means any sign whose sole purpose is to display the name of i the site and the names of the occupants, their products or their services. "Illegal sign" means any sign or advertising statuary which was not lawfully erected, maintained, or was not in conformance with the provisions of this title in effect at the City of Cupertino Draft (Revised 10/20/09) 6 time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. "Illuminated sign" means any sign utilizing an artificial source of light to enhance its visibility. "Industrial district" means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Informational sign" means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of f operation, rest room identifications and hazardous warnings. ~~ r "Institutional district" means all BQ, PR, FP, and BA districts and other zoning J classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan. ~~„ ,. ~„~~~ ., ~„~ „~~,~,. ~~-,, , c~TnL~i-: .'vim "Landmark sign" means an ~>si~tin~, le~~~l n~~n-~~~nl~~rmi~1~, ~,r~,un~~ ~i~~n th~~t hay ~~ y di~tincti~ t architectur~~l ~h°]e. "Nonconforming sign" means any sign or advertising statuary that was legally ' y erected and had obtained a valid permit in conformance with the ordinance in effect at ~' the time of the erection of the sign Uut which Uecame nonconforming due to the ~" adoption of the ordinance codified in this title. "Obsolete sib 1' means any sign that displays incorrect or misleading information, promotes products or services no longer available at that site or identifies departed occupants. "Off-site sign" means any sign not located on the prenuses of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays. "Office district" means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA zone or which are designated for offices on the general plan. "On-site sibs" means a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Political sign" means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. "Portable Sign or Display" means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, City of Cupertino Draft (Re~~ised 10/20/09) 7 flower carts, statues, and other similar devices used for advertising as determined by the Director. "Project arulouncement sign" means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, owners and operators, completion dates, availability and occupants. "Projecting sign" means any sign other than a wall sign that is attached to and projects from a structure or building face or wall. "Promotional Device" means any sig11, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a neti~ business. "Real estate sign" means a temporary sign indicating that a particular premises is for sale, lease or rent. "Residential district" means the R1, RHS, R2, R3, R1C, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. "Roof sign" means a sign erected between the lowest and highest points of a roof. "Shopping center" means a retail entity encompassing three or more tenants within a single building or group of buildings, but within which individual business located in defined tenant spaces are owned and managed separately from the shopping center management. "Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail ?-6. (See Appendix A->-6, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway), .gin ~!-~~ ~'~+~ -_ ~~ ~~," %~~~_~ ~,~-..-~ „~ ~, "Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. "Sign Area" ~~, _~~~~•, ,:-°~" ~~ ,~, fcn- an individually lettered sign without a background, is measured by enclosing the sign c~~i~~ ~~n with a continuous ~eri7l~eter in simple rectilinear forms.. _ .See Appendix A-2 for examples of sign area calculation) The sign area-cif--for-a sign with borders and/or background is measured b-~ encl~~sint, the e~ierior limits of the L~order or b«ck~round with a single continuous perimeter _ ~ ~, ~ ~ • _ - - _ - ~ - .The necessary supports, uprights, and; or the base on which such sign is placed, shall be excluded from the sign area. When a sign is separated by thirty-six inches or more, the area of each part may be T i computed separately. City of Cupertino Draft (Revised 10/20/09) 8 "Site" means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel. map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event" means a temporary promotional event including, but not limited to, a special sale on merchandise or services, or grand openings. "Special Event Banner" means any temporary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. ~_ '~ "Street frontage" means the length of a site along or fronting on a P~-+~~~e street, or other principal thoroughfare, but does not include such length along =~ an alley, watercourse, railroad right-of-way or linuted access roadway or freeway. -- "Temporary Sign" means any sign, display, banner or promotional device which is _~ designed or intended to be - - - ~ ~-- only during the allowable business hours or for - -~ = - - -- - -- - - --=- __ _ , ~ _ ' __ '-_- as specified by the Director of Community Development. "Trim" means the molding, battens, cappings, nailing strips, lattice and platforms ~~ which are attached to the sign. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as having a valid license plate. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to the wall. "Window sign" means any sign displayed in or painted on a window facing a public street, parking lot, pedestrian plaza or walkway accessible to the public. Displayed in means a sign. that is clearly intended to be visible from an adjacent street. (Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) CHAPTER 17.12: ADMINISTRATIVE PROCEDURES Section. 17.12.010 Conformity with provisions required. 17.12.020 Permit-Required. 17.12.030 Signs requiring Plaruling Commission review. City of Cupertino Draft (Re~~ised 10/20/09) 17.12.040 Application-Form and contents. ,~. 17.12.060 Application-Review criteria. 17.12.070 Sign modification-Authority. 17.12.080 Permit-Issuance by Building Division-Installation information. 17.12.090 Appeals and exceptions. 17.12.100 Inspection requirements. 17.12.110 Summary of application approval process. 17.12.120 Revocation of sign approval-Authority. 17.12.130 Grounds for revocation. 17.12.140 Hearings-Notice. 17.12.010 Conformity with Provisions Required. It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless made to comply with the provisions of this title. (Ord. 1624, (part), 1993) 17.12.020 Permit-Required. All signs which are not exempted by Chapter 17.16 require a sign permit to be approved by the Director. The Director shall review and submit to the applicant a decision within thirty calendar days from receiving an application for a sign. (Ord. 1624, (part), 1993) 17.12.030 Signs Requiring Planning Commission Review. Electronic readerboard signs and freeway oriented signs shall require approval from the Planning Conunission prior to the Director issuing a sign permit. ~'-~~-•„~++„ a .,,,,,•-, ~., _ In regard to these signs only, the Planning Commission's decision is final unless appealed in accordance with Section 17.44.080. -r-~,,, rn ,,, ,,;,,,, ~ ,,,,,,,,;~ ~ ;,,,, .-i, ,n ., , , +~,,. _,-;+,..-; , ,_ ,-~,~,i„ ~,., a ,,, t't-tj-Hfi~-`; ~ ,~; I~~ 'i Q~l ,-, r7 '1 7 7 1 7(l!l ~ ~ +f (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.040 Application-Form and Contents. An application for sign approval shall be made on a form specifying type, number of exhibits and filing fees by the Director and shall be signed by the property owner or a duly authorized agent. The application shall contain information regarding the size, color and samples, illumination intensity and type, materials, number, location, type of signs, and the location of the business on the site and any other additional information as may be deemed necessary by the Director. r V ti r v c„ -J c~ ^u Lv (Ord. 1624, (part), 1993) City of Cupertino Draft (Reeised 10/20/09) 10 17.12.050 . J ~~ ,..~ „~ (Ord. 1624, (part), 1993) 17.12.060 Application-Review Criteria. The Director, Design Review Committee or the Planning Commission, as the case may be, shall review the sign application to ensure that the tollo~ti~inr; criteria are met: A. ~~I he proposed sign meets the requirements of this title or any special r conditions imposed in the development by the P1aruling Commission or City Council;_ ~~ V . ,.~ u., . ;_.., B. The proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets. and CJ C. T11e sign is in col~ormance with the Design Criteria m Section 1 i .24.1b~ of this Title. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.070 Sign Modification-Authority. The Director, Design Review Committee or Planning Commission, as the case may be, shall have authority to require modification of the sign to ensure that it meets the criteria stated in Section 17.12.060. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.080 Permit-Issuance by Building Division-Installation information. Upon approval by the Director, Design Review Committee or Planning Commission, as the case may be, the applicant shall obtain a building permit. Additional information related to the building code may be required by the Building Official concerning the installation of the sign. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.090 Appeals and Exceptions. -e a~'~pplicants who wish to appeal a decision I~c~i the Director, , ~'~~~~~~~" ~~~ the Design Review Conunittee or , '~~ ~~, ~" , ~~' the Planning Commission, or th~,se who ~~; wish to apply for an exception` shall do so under the provisions of Chapters 17.44 and 17.52 of this title. r (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) ^~ 17.12.100 Inspection Requirements. A. A person erecting, altering or relocating a sign shall notify the Director upon completion of the work for which permits have been issued to ensure that the sign has been installed as specified. City of Cupertino Draft (Revised 10/20/09) 11 B. The Building Inspector or Planner shall have the authority to review the light intensity of all illuminated signs with the power to require reduction of the light intensity to ensure that the sign's illumination does not exceed the illumination standards as regulated by Section 17.24.190. (Ord. 1624, (part), 1993) 17.12.110 Summary of Application Approval Process. Appendix A-1, Sign Application Approval Process Flow Chart, ~»~ ~~!~~ ~~, *~, , .,r~; _;, ,} ~~ ;summarizes the application approval process. (Ord. 1624, (part), 1993) 17.12.120 Revocation of Sign Approval .^ ~•.^ ~•-. ~]'~~ n n~ ~ r r, r ~ ~ ~yJ'}'~3'Y'2'YT,X7rtYC~'~CTCA~'e~C~e~~CP-RT'111-J~PTe'~~' ""iL1ZS7TiC~'t~~'-ice A. The decision making body that originally approved the sign being considered for revocation shall have the authority to revoke it . -, , _ on the basis of one or more the following grounds: ~1. Fraud or nusrepresentation by the applicant with respect to any information contained in his or her approved application or with respect to any other information provided by the city. ~ 2. Failure of the applicant to meet or abide by any condition imposed upon approval. ~. Failure of the applicant to utilize the approval within one year of its issuance. 13 4. Abandonment of the sign for a period. of thirty days. (Ord. 1624, (part), 1993) B. Written notification shall he t~rovided to the applicant of a si r~ approval being considered for revocation ('prior to holding a public hearing., }'~~ "~r~~~^r ~r ~7,~ wi -- - 1~ -1-,11 1~r,1 7 1, ~+ '~~ ~' -ctt~ui=rizir'rb ~E3i~l~ZiSr~F?~~-z~!-~-~rii'-c-r'i=~~' ~ ~.~. ~. (Ord. 1624, (part), 1993) CHAPTER 17.16: EXEMPT SIGNS Section v v s .,.. s r_ C U u r -r r -r .~ .~ z r :~ 17.16.010 Certain signs exempt from pernut requirements. City of Cupertino Draft (Revised 10/20/09) 12 17.16.010 Certain Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, providing they comply with the following regulations: A. Directory Signs. Directories located within the interior of a project which are not oriented to a public street; B. Garage Sale Signs. Garage sale signs subject to the limitations in Section 17.32.030 and Chapter 5.16 of this code; C. Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; D. Identification Signs. Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, located on portions of a building, shopping mall or office complex; E. Information Signs. Informational or directional signs which are located entirely on the property to which they pertain- - ,and are less than four square feet in area:. ;~~~~, more than 33"io of the sign area of each ~i~n pan be ~~le~~c~t~d tot~~ar~1 busine~ i~~entificati~l7 of t11~ hu~inesti l~~~at~~~~ ors the ~~r~~~~~~rt~; '` F. Temporary Political Signs. Temporary political signs subject to the limitations ~=- in Section 17.32.0-020; G. Public Notices. Public notices or posters as legally required by a government agency; r H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs, subject to the limitations in Section 17.32.ti~030; +; s I ~,~" ~'.,<,~ ,,,- r ",~ ~~,:; Non-residential Real Estate Signs. Sale, rent or leasing 'r signs subject to the limitations in Section 17.32.030; r J. Street Address Numbers. Address numbers in all districts, providing they are `~ not meant as an advertising mechanism; K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religious orders or historical agencies, provided that such signs are placed on or cut into the ~tr-u~turf~'~.~ '~ are not internally illuminated, and do not exceed nine square feet in area; L. Window Signs. Window signs subject to the limitations in Sections 17.24.090 and 17.32.100. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations; M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus shelters; N. Civic Event Signs. Civic and/or City-sponsored events signs on City property; O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including state lottery and certified smog station signs; City of Cu}~ertino Draft (Revised 10/20/09) 15 ~?24:24~I~~eside~~t#4al d~~#~c~s 8c~,,,i,,,-,,,.,,,,,~ ;a~~;~;,.. 17.24.250 Construction and maintenance specifications. 17.24.260 Summary of regulations for signs according to districts. " b b 'b ' 17.24.010 Intent and Applicability of Provisions. The regulations in this chapter are intended to govern the number, size, location and design of signs within various land use districts of the City. (Ord. 1624, (part), 1993) 17.24.020 Sign Program-~•~"~~~~^~ ~~'~-~•~. A.~hi~li~ahilit~ . 1. All developments in a con-Lmercial, office, industrial, institutional, or residential district, ~~ith ic~ur ~~r rnc~re t~~n~ult sf~a~es on the same f~ar~t~l, shall adopt a comprehensive sign program to encourage creativity and ensure lu~,hqualit~ in th~~ ~~esi;;n an~i ~~iishla~ cif multi~~le permanent. ~il}CfYrt!e~'~'`_;l~~i ~~~~E~'~-.r~--~-t.)j--~E"t~~H-~l}f-}'~-tttt: '~t~-t1-C:~r--r~-^-r-rr`~r'~"r'r=r.. a ?. The adoption of a sign program shall be required at the time of the initial construction of a new project. Existing developments in the City which do not have a comprehensive sign program shall be required to adopt one when the first tenant in the project requests a change of face as defined in this title. Thereafter, all subsequent r changes of face in the project shall be required to conform to the adopted program. B. Application Requirements. On ~m~ ccmu~~ercial, office or industrial site, car building requiring a sighprogram, the owner shall submit to the Director a si~Ti~ program application containing the following: _ t 1. An accurate plot plan of the site sho~n~ing the location of buildin~,s, parking lots, driveways, and landscaped areas on the lot, at such scale as the Director ma~~ reasonably require; 2. Computation of the proposed maximum total sign area, the proposed maximum area of individual signs, allowed maximum total sign area, allowed maximum are of individual signs, the height of signs and the number of freestanding sign 4>. Specifications with regard to: a. Sign type (individual channel letters, wood signs, etc.); b. Lighting; c. Location of each sign on the buildings; d. Materials; e. Sign proportions; City of Cupertino Draft (Revised 10/20/09) 16 f. Any other pertinent information as required by the Director. C. Findings. The Director of Conunut~it~~ Development tna~ appru~~e a Sign Program if the following findings are made: 1. The Sign Program complies with the purpose of this Chapter;. 2. Proposed signs are creative, and are in harmony with the structures they .,., ~ ,nage on the site, and the surrounding de~,~elopment;. identif~~ other si~ ~ . .., 3. The Sign Program contains provisions to acconunodate future revisions that , tna~~ be required because of changes in use or tenants. U D. Minor modifications to the requirements of this Chapter mat- be pernutted, provided that the pro~~o~ed Sign Pro~ram~meets the follo~~~in« criteria in - addition to 17.24.0200: ~' 1. Special circutn~tances, uni~~ue to the Otte atld building, ]ocati~~n~, e~i~t that require a modification from the standards in this Chapter. 2. Demonstrates unique design and exhibits a high degree of rt~agination, inventiveness, spirit, and thoughtfulness. 3. Provides high quality graphic character through the ima;inative use of color, ~ra~~hics, proportion, quality materials, scale, and texture, (Ord. 1624, (part), 1993) ~ ~ ~n n2n ~o ~ t, b b b {-~.,, -,,, +,;,,;,~,t ~~-,,.+„n,~..-; ,,..~ t ~l .,t~,,;~ ~,~ ~t,,, rl;,•,-+. ,,- ,~}u}:} ~ ' = ' u -r>k~F? i- t ~t ~ 1l l ~ ~ a~...+vvi~an ~+i~ U Y .p! L1J Ll LI- L11 LLlVL ~~ J b i i 1 r ^ ~ Y , JCII1LU11L U LU V ~ b b b b ~ -- - ~ ~ __ .~ . b r ~ - <-, b , ~ ' ~ b ' ~ b~~ b ~ • ~ r City of Cupertino Draft (Reeised 10/20/09) 23 17_.24.090 -Electronic Readerboard Suns, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative Statuary and Beverage Container Recycling Si ns. .~ Table 17.24.090 sets forth the rules, regulations and f~rocessin~; a~~hlicable to Electronic '~, Readerboard Suns, Changeable Copv Suns, Exposed & Visible'~eon Sit ns, Decorati~ e Statuary and Beverage Container Rec~~clin Sim 17.24.100 -Signs in and near Residential Districts. Table 17.24.100 sets forth the rules, regulations and hr~cessin~ a~~l~licable tc~ Suns in .~ and near Residential Districts. ~, 17.24.ll0 -Freeway Orientation. Table 17.24.110 sets forth the rules, regulations and vrocessing avt~licable to Free~n~a~ Orientation of Signs. City of Cupertino Draft (Revised 10/20/09) Table 17.24.050: Wall Signs ~lt`~xibility, R~~a~~abilit~-~, Rc~iunddn~~~, Cl~~rification 24 Use/ Size i L Review Review Zoning Number 1~1a~inlunl Allowed Maximum on ocat Authority Criteria Area & Len th Area • ~ne Slgn pct' bU5111etiti Wltll • 1 s.f. per linear ft of No more than one wall sign per frontage exterior frontage store frontage on which sign is located. • One additional for: 70 i„ of store Shall not project above the roofs+nt~~~~ -Businesses with no ground frontage tht,~~++ilel++l~~~r#~t~-. ~-t#1f~~Ftataf ter tt~_c~) - - - -- sign and adjacent to more ~ua~~et, unless it i< an intef;ral G~~#rl_~~( tlx~ ~ ~ ~~ than one ~Irrel car ~hci~~il~ face of an al-chitectural projectltm t~nlc~r ~Iri~~c~~~~,1~. - Sign directed to interior of Length =total t~Ft-,~~)t~ tt~i~ 1 n , 1 1 project and not visible front combined length of i ,~ „ ,,f ~1 ., ,,,., .,,,.,,, ,., ,:., , ;t :< <;,,, }E~.t-I ~ ` ~ Meets any public right-of-way. each row of copy ,~+~tl_4h,~1~ att>t-t~r.att~ t-F~~r~~IlTI+~ ~}~t tt~t,4 Design Commercial & l l d h•i - `yin ~Ic it~n.u)t lnlilciin~~ i,l~i --~--- - ---- • Minimum area = 20 200 s.f. • No ~ro'ectin ~ wall si n shall extend into } 1 g g CDD Criteria in n us a ~~~ith nlt,rc Ih,)n 111111 ~_~ --- ------ s.f. a public right-of-way mole than twelve Section inches. Any projecting sign shall have a 17.24.150 vertical clearance of at least fifteen feet above a private or public vehicular Wall roadway, alley, driveway or parking area, Signs and at least eight feet above a sidewalk, pedestrian mall or landscaped area. ^_-:a-FF-.i fl-_'~#4~})~-FI~~IliE'~Il-t4~-{}-1-Il-tE'~!',~-}~i-21'~ ~t-~4 f~ ~#t-4}i-tt=t,itir;}l-}~#~l,;,..,,;,.,, , , ~I~a1~-tFVN i{.,t, l • One sign per business with • 1 s.f. pel° linear ft of exterior frontage business frontage on which sign is located. • One additional for: • 70`% of business Sanle as above Office & - Businesses with no ground frontage Same as lllstltutlOnal sign and adjacent to more 40 s.f. CDD abOVe tllall Otte Stl-eet OI' illal0l' ShOpplllg Cetlter dl'1V(:Way. - Sign directed to interior of • Length =total project and not visible iron) combined length of ally' ~UbhC 1'I 'ht-l,t-~Va~ . CaC~I fOLV Of CO 1V CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet City ofCupcrtinoDraft(Revisedl0/20/09) ~~C1Cj1hl~ItV, I'~C'Xl~~l~lt\, ~~~lt''f"'~''`~''~ Table 17.24.060: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias 25 Size Use/ Zoning Number Allowed Area Location Review Authority Review Criteria & Len th Maximum Area • Considered part of wall sign area. ~~ • 25`% of window P` surface of <~.jt la A. Permanent All t~~r~~ ~t ~i~jTz~+E~~ ~~+x-lt~~ ~~~rn Perimeter neon Window residential One o~° more <turclnnil bav. window signage CDD Meets Design Criteria in Signs ~{islricts - • Neon window not allowed. Section 1724.180 ,~,.,., ~~rv~r:ni~~ ~~- sign = 4 s. . 4F~~~-lE~~;s;-tom • One "OPEN" l~~t~ -..f-~~~:n~-}zt sign less than two s.f. exem t \II ~~~, ~~ „ 1- ~ '~nr ~ni ca~~l~~ -- _ - 1;clween ti fl anti - Illun~in~it~~d - C~1)I? ----.~.-- ~~li.ill h~ ~?~_~ir~lri~in It",Ilil'ntl,l~ __ ffl~llla r~l' Uh lC~ <l ~~ ll ilhllVl' -- ,~ll~t I~~Ulllln~lll'l~ - I.AC'lll~~l -- -.._ .__ -_. ~~I~IP nll'd (lnl~' anll S~I,ill 13. I . I n ll c - __-_- -..-_ __ - __ . ii~~tricl~. --- ni,~tinium of t~~~~. -- (a-~-#~ b.~; s.f t~eciestriin meet Uesign K~~~ ~- ~,~ 51 ~' 17'+ --- ~~. 1~~1~ ,! ~ I'ItC`1'1l In ~CC tl('~ _~t. I tip) -- ~~~~~~ ~Il 11~ meet I )e~~ l~eA I~ ~` SymhOlh. ~~~ evCC'~~I . ..----- - `,,1I11C' a~ ~('C~I~~Ii __..- `~~llllt~ ~1~ t t ll(~I1 ~~IUI~Unateli ( I )I ~ ,. ( rll~'1~1.1 In ~('itli~ll --._-.___.. ~ ~ 1 .. ~ ,-. _.- .. ..____- __ or residcnti~~l 'a.ll,~ll ~ a - i I.(i~l~ -- \~~i illuniin•ilc~i ~ i ~~~nihl -- -- - ~~ ~~ ~~n~i i~~~,lrirli~~i~~ - Insi~i,~ ~lislrict~ ~'n 1;-.'1.11)li CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Conunittee; s.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) RE'~1C~~l~~l~1tV, ~~E'Xlhl~lt~" 26 Table 17.24.070: Ground Signs Use/ b Size L ti Review Review Zoning er Num Allowed Area Maximum Height oca on Authority Criteria & Len th • One sign if • Shopping minimum 100 ft Center or street frontage multitenant k~~~f}-~i • OnL S.f. pCl" • Corner property: Sign has to be located on COIllnl~rCla1 ~H+}}~,i•aa~ki}a+i-ca} four linear ft of • Eight ft. streM frontage with die site's address. development ~t,,,,~~~.-~.'~t,~ut'T~i~ti street frontage with a center la}+i''ti~.ir~ name shall tt,~}}+fi~,ut, emphasize that l~t:Fr~}c~lit~c~ f t~l~-[t~c'1- 11a111E • F.very ground sign shall be located wholly • Shall meet • Two signs if 500 Maximum on dze property for the use which the sign is Design Criteria ft street h-ontage Area = 100 s.f. advertisin = is located on. b in Section 17.24.180 • V-shaped 'Street address and signs with numbers or range All non- more than two of numbers for businesses shall be • No portion of any ground sign shall be Ground residential faces: Area of clearly identified located closer than one foot from the public CDD Sign arees all faces of sil,~i In 11U111berS not right-of-way. = Total Sign less than 5 inches Area. in height. • Double faced • No portion of any sign over three feet in signs: Area of height shall be located within a corner larger face of h•iangle or sidewalk site triangle. (See sign = Total Appendix A-4, A-5 & A-O Sil,~~ Area. • Signs on interior lots < 200 ft of frontage • Maximum shall be located within the center 50`% of the number of lot frontage. Interior lots > 200 ft of frontage tenants on sign shall locate ground signs no closer than 50 ft _ ~fl't' CIS fi-om a side property line. (See Appendix A-7) • NO gl'OUnd sign Shall be lOCated C10SE:]" than one hundred feet from any other ground sign on the same property. CDD -Community Development Director; PC -Planning Conunission; DRC -Design Review Committee; s.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) 27 Kt~~~iahili[v, I~Icxihility Table 17.24.080: Gasoline Station Signs Type of Sign Number Size, Maximum Area Location Review Review Criteria and Allowable Area Authority A. Wall Sign Same as Section 17.24.050 Same as Section 17.24.050 Same a5 Sect1011 17.24.050 CDD Meets Design G~iteria in Section 17.24.180 B. Ground 1 ground sign regardless of Salve as Section 17.24.070 Same as Section CDD Meets Design G-ileria in Section 17.24.180 Sign frontage 17.24.070 G Fuel Price Fuel price sign to be Computes toward • Is incorporated into the design of the Ground Sign incorporated into the design of Allowable Ground Sign See above CDD ground sign the ground sign Area • Letter sine of price display on fuel price sign shall not exceed minimum specifications contained in Section 13532 of the California Business and Professions Code • Meets Design Giteria in Section "17.24.180 If service station is not identified on ground sign, in Number of product prices Attached to the wall D. Fuel Price addition to any wall sign on fuel price sign not to of the building CDD Same as above Wall Sign allowed to the service station exceed ,-~~ ri~;l~t per face. facing the public per Section 17.24.050, a second street fuel price sis~~~ is allowed. CDD - Conununity Development Director; PC -Planning Commission; DRC -Design Review Committee ~Ze~dability, Flexibility, Maintain Intel~t City of Cupertino Draft (Revised 10/20/09) ~ - - 28 Table 17.24.090: Electronic Readerboard Signs, Changeable Copy Signs,Gxposed or visible Neon Signs, Decorative Statuary & Beverage Container Recycling Signs Size & Use/ Zonin Number Hei ht Location Review Authorit Review Criteria One sign for • No closer than 500 ft A. Electronic centers with 20 Same as from any residential Background of electronic readerboard will be the Readerboard Commercial tenants or more Section district on the same PC same color as the irimar ~ back *round. If not } } ~ Signs & 50,000 s.f. of 17.24.070 street as the sign. practical, then a color that is complimentary to gross floor area • Same as Section the back ground color shall be used. 17.24.070 • Included Deemed necessary to the type of merchandising in total of that business. Shall consist of permanent sign B. Changeable Commercial allowable CDD and symbols or letters made of }~I~~s4~~t~t;~i , ~~ Copy Signs wall sign ,-Ea}Nhl+l~ri~t,~f n~at~+i~il Ili~h c}utility & ~iu~,~i~l, iliatcrial~. E~1,11{x-~+u~~N-l~+t~l~~to+-~klaE,, area. l n r }rFav ist~El-let tY+++~~~; fia I~l~,t~ ~e++~~ G I?x~ed_nl Shall meet Illumination Rest-ictions in Section visible Neon All DRC 17.24.190 signs • if Decorative In conjunction with the overall architectural Statuary -DRC design of the building, the landscaping scheme All except • If DRC determines and the sign program for the business. D. Decorative residential it is Fine Art, it may Statuary districts refer to another commission • If not publicly visible, their exem ~t Wall signs - as • Dealer subject to provisions of California allowed by Beverage Container Recycling and Litter E. Beverage Section Reduction Act of 1986. Container 17.24.050 Recycling Ground signs - as allowed by Where Section 10 s.f. allowed 17.24.070 maximum • Sign should contain information crn~cerning a One building certified recycling center as described in Sections mounted sign 14570 & 14571 of Public Kesources Code. • Certified Redemption Center sign -subject to 111111tat1011S lad rE'Vlew }71"OCedUre of 1o111ng ~~1S~i"lc~ ~1'l1el"e It IS ~l~catel~. CDD - COllllllulllty Development Director; PC -Planning Commission; URC - Desi}~1~ Review Committee; S.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/2009) Table 17.24.100: Signs in and near Residential Districts RE~~~~~~~hilit~-, I~IE~~il~ilil, 29 i Number Size Location Review Review Criteria Zon n g ty Authori Area Height • Wall Sign - Wall Sign - No in~~~rn ~II~ iliun~in.it~~~i • Wall Sign - Samc as Same as Section Same as Section sign pernutted within 100 ft A. Signs near All e~cc ~t Section 17.24.050 17.24.050 17.24.050 from any iesidenhal Shall meet design Residential Districts re5identi~l - -- • Ground Sign -Same as Ground Sign - • Ground Sign - districts except if the sign CDD criteria specified in Section 17.24.070 Same as Section Same as Section face is mounted so it is not Section 17.24.180 17.24.070 17.24.070 visible to any residence within 100 ft of the si gyn. B. Name plates, streets or Unit Residential One or more 2 s.f. or less CDD numbers One signs for interior lot ' [f one sign allowed, at • Shall contain only Residential Two signs for corner 32 s.f. 5 ft CDD name and address C. Develo meat l? develo anent 1- major entry. of development. Identification Signs • if two allowed, one on • Shall meet desi}n~ ~ ~ r~~ch ~l~-<~r( ir~,nr- c~•iteria specified in ~ ~ ~, i ~ I~~ CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; S.f. =square feet; ft =feet Table 17.24.110: Freeway Orientation Areas Number Si n Size Location A royal Authorit Review Criteria • Oriented to regular street • Applies to all signs within 660 ft of 1 per business/ system adjoining the propery "landscaped frcewa_v" measured from edge of Commercial, tenant in a building rather Hlan exclusively visib]e right-of-way A. Wall Signs Industrial & occupied by two or ~ , , ~erti~n~ ~ - -- Building from the freeway -CDD Office more tenants. ~1 ~~ ~~, - -- u~ounted • Freeway Orientation - PC • Si}nis not exempted or excluded by Section Maximum two. 5272 of the Siate of California Business and Professions Code shall be regulated by the "Advertisers" cha Ater of that code. . On-site Commercial, Indushrial & ul~ ~•~ ~ I~~ ~c~~tic~n ~ ~~ -, " ~, ~ - ~crli~m Buddnig . L~m~ted time period subject to iul~jc~ t <<~ ~~~~ ,iin~ I~; '~.' n tin tem orar si ns Office t1 I il - 1 %.320:30 mounted '~~~~ i un~ I ,' ;~ ~i tip _CDD --- - --- - - Commercial, B. Freestanding hidustrial & Not Allowed Si ns Office CDD =Community Development Director; PC =Planning Commission City of Cupertino Draft (Revised 10/20/09) 17.24.120 Landmark Suns. 30 Existing ground suns that have been designated by the Cite as Landmark Suns (see A}~pendix A-~: Landmark Signs) are exempt from the Nonconforming Sign regulations in Section 17.52.020. A. Such si~n~ s nlay be structurally reinforced or rebuilt, after damage or destruction, to its original design and s~~ecifications. B. Minor modifications to such si.eng s n~a~~ be allowed such that they do not distract from or alter the unique architectural style of the si;;n, with a Director's Minor Modification. b u r n r r b b r b b r ~ b ' ,- „ _ , „ ~ b Y ~ r a - r di il litl ~ ~,-„r ~ ~„ ;a t~ b o,-.~•~',..,+•„ ~ ~t,.,l r ~ l t,,, t, „+ „ F l~esc~ s- 3e Yv r r b b 1 7 'zrr~^v ~o- !l 1 1 • l ,a ; ,mo ~ ~,,,-1 ,, ~, „ ,-; ~„+0~-7 }r . ~.- mil, ~ 11 t~ -.11 ~,. ,,,-1 ., - _ b b Y r b r b b * b ` i b ~ 1~ 1/ ~ ~ r ~ .,1' b ~1~.11 ,-,1,+1~„ -.ll~,,.,.,,a F(„- ~,-1,~,,.,~,r eS rE. ~-i 1-~-A~-S 1- ~ l~f b b ' ~ d ~ S b r '~ ~ c~.,+„ „F ~~ r~~l;r~,.r; , u r ~ „~;r„~; u„a n,.~~„~~;,.,,,. ~,,.a„ ~l,.,n r e ~FC m-te ~- e a a >1 -e e e~ +1 ~~ n a , t -+;.- rr ,.1, ,+ „ „F +1,~+ r,~ ao 17.24.180 Design Criteria. Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs. A. Ground signs shall be either housed in a frame or set onto a base, presenting a solid, attractive, well proportioned and balanced appearance. The size and shape of the frame or base shall be proportionate to the size and weight of the sign. Low signs are 0 .f i J I I. r Cite of Cupertino Draft (Revised 10/20/9) 35 C. Unless otherwise provided for in this chapter, all temporary signs, whether or not located in the public right-of-way: 1. Shall not be located on the street or on street medians. ~~lcill ~~e I10 lal"~C1' t~1d11 iOUI" ~~~Lldl"e fe0t Ot j1~TI1 dI'Ed ~~er ~I~r;n ~i~lr ~11t11 110 lllOre than tv~'U sides per s1gn. ,_, ~;„,;t~ than tlu-ee feet t~~~~1 u~u~t Shall not be illun~lated. _. Shall not be located on private property without the oral or written consent of the owner or other person entitled to possession of said property. Shall maintain at least 36 inches of clear and continuous width along a sidewalk or pathway plus any other area needed for handicapped accessibility. Shall not restrict in any way the safe vision of any vehicular or pedestrian traffic or obstruct any directional or safety sign or other sign pernutted by the City. ~- _. All parts of the sign shall be set back a minimum of eighteen inches from the face of the curb or from the edge of the street, bicycle or vehicle travel lane, whichever is the greatest distance from the edge of the street, bicycle or vel-Iicle travel lane. _. _ -1=~i~~ Temporary signs in the public right-of-way other than political signs shall be removed by sunset. D. Persons who place temporary signs in public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs. E. The provisions of Section 17.32.010B, C and D shall not be applicable to the following: 1. The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3. The maintenance of balulers affixed to the top of the city-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of banners affixed to the top of the city-owned light poles located over Stevens Creek and De Anza Boulevards; and 5. The maintenance of hazard markers or emergency signs. (Ord. 1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) r .~ ~. cC ~--~ U . ,~ -~ ti City of Cupertino Draft (Revised 10/20/09) 36 - b - b .,T,;.,1-. ., ,-+ R T~ T ~,F ~ ,-1,,,,,11,.-.,~~,,,~+ ~~r~.,xx.~x «. 1 . + Fl -, , 1-.,, T,; „1, ,- +Lz-. +, ,-,+ F.,,,+ ~ 1-.,-. ,T,-.,, , ,-. r7 1 „ ~,1 ~' lei +1 + „ Fl-. ~,1~, ~hzll 1. ,..~,;++,.,] F,-. ,.1, ~„a„1 11 ., „ Fr. ~ T-1 Ti zzxua«u 1 F Fl + ;++,,,] F,,,- ~,. .,1 ,-+;. ;+, .-1,.,11 1, „ ~ ~ ~ 1 zvx u ~v ~ 1~ C 1 ~+ Fl .,..~ 1, ~+,-1,~,~~.,,-~ rl~~ll T,., ~ ,mil„+„1., ,- .,~] ,.+ 1.,+,,,- +1~.,.-. F;.,,, ' r r b b ~. • ~- r r r r r r r r ' b b b b ~r ' ~ + ~ l ~ ~l 1 ~ .,11 L.,, , ~;++~„a ,.,1-, ;~1~ ~ ~, l.~c „ „ Fl,,,+ r +1~.,,, ,,; ni ~ -~-~36-- ~ rr2- r ti-~f~~3 A r ~ b .._ ~ ~ ~ ~ `~ -Si .E rrr-crr~->~-.T -iT 2E b r'- b T n ~ ~ ~ 1 • -- -~rc2-cr - - 16 2-5 b b a •+1 +1 + ~~ ~~ ~ +• ~ ~ 2 T~ ~ m n ~~ ~~ • r i~ z~ nnn rr,,,,,,,,,,, / ,,,,,,, n~,l / ~;,..,t c;,~...~ xx~ I . / ~c 6 Ca c~ r b r T '1 11 +l - +„ ~ r , ,-, + te T,,, ~11~. ,,.a ' b +h,, „1,1;,. 1~+ ~ '-: n , F u , . r b r ; ,- r .te i ~ ~xc` Yu~,... bx ~ ,. ,- , ~ -„ ., , b r ~ Y Y ~~.~.~..... ~, Y } b '~ i t ~ ~ = ' ^ : '~ ' " •6 Ek l crr r cctxvir- urccr- C - c zzaz~ i~ r r~ 1.._~_ ~.~..., .,_ ~_. xxt r,x~,. , ' ~.7 L L7 ' ' r~-~~-At-t~t~S~~z-ccrtrf~cci~~AttC~r 'ri~rcr ~Ecli~S„ ,.1~ „F +1~ ;b,~ ,,b ~F+,,,. ,,.,Y; ~+ uxz~.x ~~ Yu 1 T '1. 11 +1-,,,,- +„ ;F ~ ,~ +1~~, n " ' om.- ,.+1, .,F 7J 1 1• 1n7r.,-1~ F;,,,•l~ +T,~+ ii l~ ~ , ~ c x ~ b City of Cupertino Draft (Revised 10/20/09) ' b b b r b b b r r r r r Section 17.32.020 -Flags, Garage Sales, Temporary Political Signs and Subdivision Sigma Table 17.32.020 sets forth the rules, regulations and processing applicable to Flags, Garage Sales, Temporar~~ Political Si~zs and Subdivision Signs. Section 17.32.030 -Real Estate Signs and Project Announcement Signs 39 ~, r/ :. v Table 17.32.030 sets forth the rules, regulations and processing applicable to Residential and Non-residential Real Estate Sims and Proiect Announcement Si City of Cupertino Draft ([Zevised 10/20/09) Rea~i~~hility, Redun~iancv, Maintain Intent Table 17.32.020: Flags, Garage Sales, Temporary Political Signs and Subdivision Signs ~lo Size Information Use/ Zoning Number Time Period Review Criteria Maximum Maximum Contained Area Height • Two weeks for • In conjunction with a grand opening or Number each special event special promotional activity. subject to No more than • Shall be Conunercial approval by N A / 20 ft above removed within 5 N A / • Meets Requirements with regard to CDD ground days after the Special Event Banners, Promotional A. Fla s g i l Devices, Portable Signs and Displays event s ~ec a `Two flag poles 4 s.f. Residential for each model No more Same as above One year N/A N/A home of a new than 2 sides develo ~ment B. Garage One on-site • Must be a bonafide garage sale activity Sales Residential Three off-site ~ s'f. 6 ft Length of sale N/A as defined in Chapter 5.16 of Municipal Code • No permit required. • Subject to requirements of Section • Until 5 days 17.32.010 after election. `~`rittt'la ~*n++~;r.+~a+}-t,t-yaw-++~++a+-~+ll~t~r C , ~ '+'ta ' 4 s.f. If not removed , ~ p+ I Temporary Political All No limit No more N/A within time limit, N/A ''+rwia~~~N-f~r~«a}~~~rt~ -:~~;n i~ ~hslal,+~t~<I- than 2 sides City ma}' 1'emove • If the Director of public Works finds Si ns g signs subject to that a sign otherwise permitted, is an Chapter 17.52. immediate peril or menace to pedestrian or vehicle traffic, he or she may cause it to be removed sunullarily pursuant to Section 17.52040C • Shall meet requirements of Section Direct 17.32.010 • One year or customers • Application shall include a list of all D. until all units are along the other such signs including sign area and Subdivision Noll- Three 32 s.f. per ~ ft sold, whichever is most direct street location. Signs residential face. sooner. route • Subdivisions not in Cupertino shall not • }/ktellslOllS play through the be permitted such signs. be granted. city. • Two sign faces maximum. • "V" sha ~cd si ins prohibited. CDD = Community Development Director; S.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) Readability, Redundancy, Maintain TntEnt Table 17.32.030: Residential Real Estate, Non-residential Real Estate and Project Announcement Signs 41 Size N b um er Maxinlwn Maximmn Time Period Information Contained Review Criteria Area Hei ht • One freestanding sill per street 6•ontage. Two 4 s.f. 6 ft Length of sale N/A • Subject to requirements of Section 17.32.010. SI T11S IIlaX1111U111. • One btllldlllg mOUnted A. Residential banner - in lieu of one 4 s.f. N/A See above N/A N/A Real Estate freestandin 7 si n. • One offsite for 4 s.f. 6 ft Rcnu~~c~ ~It ~cin~~~l N/A • Subject to requirements of sale/rent si ~n -- --_ --- - Section 17.32.010 • Six offsite open house N/A N/A hcmcrvc al sunk t • Subject to requirements of si 7ns - N/A Section 17.32.010 • Length of sale. • May be • Name of real estate agent • No more than two faces. "V" • One freestanding sign 32 s.f. per 6 ft installed up to or owner, address, phone signs prohibited. May not per street frontage. face. thirty days prior number and other pertinent reasonably obstruct visibility of t0 ally tenant lllfol'1118t1On. ally pel'llldllent gl'OUIId Slgll. B. ~tl~t'; Rt~ilt-r+r Vi1CaIlC I:t,_a~in~; his?+1 !+ • One building mounted Sallle 8S • Allowed only if no fi•eestanding Non- banner per elevation ??~..-4- freestanding Same as Same as freestanding sign sign placed along that street residential facing an adjacent public ~,.,i , ~ freestanding sign frontage. Location shall meet Real Estate street. slgn rec uirements of Section 17.24.050 • One offsite sign per • On private property with sheet frontage. • 32 s.f. per Same as Same as approval and consent of property Maximum of two signs face, freestanding freestanding sign Same as h•eestanding sign owner on whose property sign is per off-site parcel. sign to be located. Shall meet rec uirements of Section 17.32.070 • One year or Names of project and owner, i2 ti-~_ l.~t., 1 until all units are ,~lit~l~~'~ti,-{~~~~~+HHt-'-Hkf-i}}~it~}~ C. Project • Two freestanding Ire sold whichever exult~irt information, • New projects under Announcement ~i~~n~ car balulers _~___ _.__ Combinr~l 6 ft , leasing/sale information, construction, including Sign maximum .u~e,l: (~~I is sooner. • Extensions ma dates of anticipated subdivisions of 5 or more units. ~. y be granted. COlnplE'L1011 8114 a hst Of contractors involved. S.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) 42 17.32.090 Special Event Banners, Promotional Devices, and Portable Signs and Displays. A. General Authorization. Special event banners, promotional devices, and portable signs and displays are permitted in all commercial, industrial, office and institutional zoning districts subject to the issuance of a permit Uy the Director which conforms to the provisions of this section. B. Public objectives. 1. Enhance pedestrian experience, activity and convenience. 2. Maintain the economic stability of the City by enhancing vitality of business. 3. Provide attractive, effective and visible identification reflecting the individual character of the business. C. Special event banners. The Director may issue a permit for a Special Event Banner for each Uusiness within the above-described zoning districts under the following provisions: 1. The banner shall only be displayed for a maximum of 120 days within a 360-day period. 2. Tl1e banner shall be building mounted and have only one face not exceeding one hundred square feet in area. 3. The baruler shall be placed on a Uuilding in accordance with the limitations J specified in Section ~--~-=?-~.-~? 1i.~-i.11~(? of this title related to building clearance and r roofline levels. f r 4. Unless otherwise determined by the Director, the display of the banner shall be J subject to the tenant schedule for shopping centers as provided in SuUsection 17.32.090E. D. Promotional devices. In addition to special event banners described in division C. above, the Director may issue a permit for a promotional device for each business within the above-described zoning districts under the following provisions: 1. For advertising a special event for an existing business, promotional devices may Ue displayed for a maximum three-day period, four times within a calendar year. 2. For conducting a grand opening of a new business, promotional devices (other than search lights, hot air balloons or other extremely large devices as determined by the Director) may Ue displayed during the first year of a new business's operations for the sole purpose of announcing the grand opening of that business. 3. The device shall not displace parking or be located in a landscaped front set back area. 4. The device shall Ue compatible with adjoining uses, particularly residential uses. 5. Tethered Ualloons used for promotional purposes may not exceed twenty-five feet above the building where the special event or grand opening is occurring. ORDINANCE N0.09-20XX AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING TITLE 17, SIGN ORDINANCE, OF THE CUPERTINO MUNICIPAL CODE. THE CUPERTINO CITY COUNCIL DOES HEREBY ORDAIN that the following sections of the Cupertino Municipal Code shill be amended to read as follows: TITLE 17: SIGNS' Chapter 17.04 General Provisions 17.08 Definitions 17.12 Administrative Procedures 17.16 Exempt Signs 17.20 Prohibited Signs 17.24 Sign Regulations 17.32 Temporary Signs-Regulations 17.44 Sign Exceptions 17.52 Compliance and Enforcement * Prior Ordinance History: Ords. 746, 894, 1208,1320 and 1414. CHAPTER 17.04: GENERAL PROVISIONS Section 17.04.010 Short title. 17.04.020 Purpose and intent. 17.04.010 Short Title. Chapters 17.04 through 17.54 of this title, shall hereafter be known and cited as the "sign ordinance." (Ord. 1624, (part), 1993) 17.04.020 Purpose and Intent. A. The purpose of the sign ordinance is i:o identify and enhance businesses while maintaining the aesthetic appearance of the City. B. A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community. City of Cupertino Draft (Revised 10/20/09) 2 C. The City has adopted this title with the intent to: 1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping; 2. Provide regulations of sign dimensions and quantity which will allow for good visibility for the public and the needs of the business while providing for the safety of the public by minimizing distraction to the motorist and pedestrian; 3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify; 4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses; 5. Provide procedures which will facilitate the efficient processing of sign applications; and 6. Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors. (Ord. 1624, (part), 1993; Ord. 1987, (part), 2006) CHAPTER 17.08: DEFINITIONS Section 17.08.010 Definitions. 17.08.010 Definitions. All definitions in Chapter 19.08, Defirutions, of the Cupertino Municipal Code are applicable to this chapter. "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification. "Alteration" means any permanent change to a sign. "Animated sign' means any sign which projects action, motion or the illusion thereof, changes intensity of illumination or changes colors, including the likes of balloons, banners and flags, and blowing or air-powered attractions, but excluding electronic readerboard signs and signs that display the current time or temperature. "Architectural projection' means any permanent extension from the structure of a building, including the likes of canopies, awnings and fascia. "Banner" means a temporary display consisting of fabric, canvas, plastic or paper material which is attached to a building, vehicle, pole or other form of support. "Blade sign' means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of the sign in a plane perpendicular to the plane of the building wall. City of Cupertino Draft (Revised 10/20/09) 3 "Building frontage" means the length or t)•~e surface of the building wall which faces, and is visible to the general public from, a private or public right-of-way or driveway. "Changeable copy sign' means any sign, cr portion thereof, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs, but excluding electronic readerboard signs and signs which display the current time or temperature. "Change of face" means any changes to th~~ letter style, size, color, background, or message. "Commercial district" means an area of laird designated for commercial use in the current Cupertino General Plan. "Community organization" means a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses located therein. "Corner triangle" means atriangular-shaped area of land adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. Unobstructed views over tl-~ese areas are essential to the public safety for bicyclists, motorists and pedestrians. (See Appendix A-4, Cupertino Standard Detail 7-2; Corner Triangle--Controlled Intersections, and A-5, Cupertino Standard Detail 7-4; Corner Triangle-- Uncontrolled Intersections Eor details.) "Decorative statuary" means any structurE~ or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Development Identification Sign" means ~~ ground sign at the major entry to a residential development with twenty units or more meant to identify the name and address of the development. "Directional sign" means any sign which ~~rimarily displays directions to a particular area, location or site. "Director" means the Director of Community Development for the City or any authorized representative thereof. "Directory sign' means any outdoor listing; of occupants of a building or group of buildings. "Driveway" means any driveway that pro•~ides a business direct access to a public or private street. "Electronic readerboard sign' means an electronic sign intended for aperiodically- changing advertising message. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Foot-lambert" means a unit measurement of the brightness of light transmitted through or reflected from an object or surface. "Freeway" means any public roadway so designated by the State of California. City of Cupertino Draft (Revised 10/20/09) 4 "Freeway oriented sign" means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. "Gasoline service station' means any place of business which offers for sale any motor vehicle fuel to the public. "Ground sign' means any sign permanently affixed to the ground and not supported by a building structure. The height of such signs shall be measured from the grade of the adjoining closest sidewalk to the top of the sign including trim. "Identification sign' means any sign whose sole purpose is to display the name of the site and the names of the occupants, their products or their services. "Illegal sign" means any sign or advertising statuary which was not lawfully erected, maintained, or was not in conformance with the provisions of this title in effect at the time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. "Illuminated sign" means any sign utilizing an artificial source of light to enhance its visibility. "Industrial district" means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Informational sign' means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. "Institutional district" means all BQ, PR, FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan. "Landmark sign' means an existing, legal non-conforming ground sign that has a distinctive architectural style. "Nonconforming sign" means any sign or advertising statuary that was legally erected and had obtained a valid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title. "Obsolete sign' means any sign that displays incorrect or misleading information, promotes products or services no longer available at that site or identifies departed occupants. "Off-site sign' means any sign not located on the premises of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays. City of Cupertino Draft (Revised 10/20/09) 5 "Office district" means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA zone or which are designated for offices on the general plan. "On-site sign" means a sign directing atte~ltion to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Political sign' means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. "Portable Sign or Display" means any out~.~oor sign or display not permanently attached to the ground or a structure on the f~remises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, flower carts, statues, and other similar devicE~s used for advertising as determined by the Director. "Project announcement sign' means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, owners and operators, completion dates, availability and occupants. "Projecting sign' means any sign other thin a wall sign that is attached to and projects from a structure or building face or v~all. "Promotional Device" means any sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Real estate sign' means a temporary sign indicating that a particular premises is for sale, lease or rent. "Residential district" means the R1, RHS,1Z2, R3, R1C, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. "Roof sign' means a sign erected between the lowest and highest points of a roof. "Shopping center" means a retail entity encompassing three or more tenants within a single building or group of buildings, but within which individual business located in defined tenant spaces are owned and managE~d separately from the shopping center management. "Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail ?-6. (See Appendix A-6, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway) "Sign' means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or City of Cupertino Draft (Revised 10/20/09) 6 identify the purpose of a person or entity, to communicate information of any kind to the public. "Sign Area" for an individually lettered sign without a background, is measured by enclosing the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix A-2 for examples of sign area calculation) The sign area for a sign with borders and/ or background is measured by enclosing the exterior limits of the border or background with a single continuous perimeter. The necessary supports, uprights, and/ or the base on which such sign is placed, shall be excluded from the sign area. When a sign is separated by thirty-six inches or more, the area of each part may be computed separately. "Site" means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event" means a temporary promotional event including, but not limited to, a special sale on merchandise or services, or grand openings. "Special Event Banner" means any temporary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Street address sign' means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. "Street frontage" means the length of a site along or fronting on a public or private street, driveway or other principal thoroughfare, but does not include such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. "Temporary Sign' means any sign, display, banner or promotional device which is designed or intended to be displayed only during the allowable business hours or for short periods of time as specified by the Director of Community Development. "Trim" means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to the sign. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. "Vehicle sign' means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as having a valid license plate. "Wall sign' means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to the wall. City of Cupertino Draft (Revised 10/20/09) 7 "Window sign' means any sign displayed in or painted on a window facing a public street, parking lot, pedestrian plaza or walk~n-ay accessible to the public. Displayed in means a sign that is clearly intended to be vi~~ible from an adjacent street. (Ord. 2030, (part), 2008; Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) CHAPTER 17.12: ADMINIS~CRATIVE PROCEDURES Section 17.12.010 Conformity with provisions required. 17.12.020 Permit-Required. 17.12.030 Signs requiring Planning Commission review. 17.12.040 Application-Form and contents. 17.12.060 Application-Review criteria. 17.12.070 Sign modification-Authority. 17.12.080 Permit-Issuance by Building Division-Installation information. 17.12.090 Appeals and exceptions. 17.12.100 Inspection requirements. 17.12.110 Summary of application approval process. 17.12.120 Revocation of sign approval-~~uthority. 17.12.130 Grounds for revocation. 17.12.140 Hearings-Notice. 17.12.010 Conformity with Provisions Required. It is unlawful for a sign to be placed, erectE~d, moved, reconstructed or altered unless made to comply with the provisions of this title. (Ord. 1624, (part), 1993) 17.12.020 Permit-Required. All signs which are not exempted by Chapter 17.16 require a sign permit to be approved by the Director. The Director shall review and submit to the applicant a decision within thirty calendar days from receiving an application for a sign. (Ord. 1624, (part), 1993) 17.12.030 Signs Requiring Planning Commission Review. Electronic readerboard signs and freeway ~~riented signs shall require approval from the Planning Commission prior to the Director issuing a sign permit. In regard to these signs only, the Planning Commission's decision is final unless appealed in accordance with Section 17.44.080. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) City of Cupertino Draft (Revised 10/20/09) 8 17.12.040 Application-Form and Contents. An application for sign approval shall be made on a form specifying type, number of exhibits and filing fees by the Director and shall be signed by the property owner or a duly authorized agent. The application shall contain information regarding the size, color and samples, illumination intensity and type, materials, number, location, type of signs, and the location of the business on the site and any other additional information as may be deemed necessary by the Director. (Ord. 1624, (part), 1993) 17.12.060 Application-Review Criteria. The Director, Design Review Committee or the Planning Commission, as the case may be, shall review the sign application to ensure that the following criteria are met: A. The proposed sign meets the requirements of this title or any special conditions imposed in the development by the Planning Commission or City Council. B. The proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets. C. The sign is in conformance with the Design Criteria in Section 17.24.180 of this Title. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.070 Sign Modification-Authority. The Director, Design Review Committee or Planning Commission, as the case may be, shall have authority to require modification of the sign to ensure that it meets the criteria stated in Section 17.12.060. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.080 Permit-Issuance by Building Division-Installation information. Upon approval by the Director, Design Review Committee or Planning Commission, as the case may be, the applicant shall obtain a building permit. Additional information related to the building code may be required by the Building Official concerning the installation of the sign. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.090 Appeals and Exceptions. Applicants who wish to appeal a decision of the Director, the Design Review Committee or the Planning Commission, or those who wish to apply for an exception, shall do so under the provisions of Chapters 17.44 and 17.52 of this title. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.100 Inspection Requirements. A. A person erecting, altering or relocating a sign shall notify the Director upon completion of the work for which permits have been issued to ensure that the sign has been installed as specified. City of Cupertino Draft (Revised 10/20/09) 9 B. The Building Inspector or Planner shell have the authority to review the light intensity of all illuminated signs with the pov~er to require reduction of the light intensity to ensure that the sign's illuminatio~l does not exceed the illumination standards as regulated by Section 17.24.190. (Ord. 1624, (part), 1993) 17.12.110 Summary of Application Approval Pr~~cess. Appendix A-1, Sign Application Approval Process Flow Chart, summarizes the application approval process. (Ord. 1624, (part), 1993) 17.12.120 Revocation of Sign Approval A. The decision making body that originally ~ipproved the sign being considered for revocation shall have the authority to revoke it on the basis of one or more the following grounds: 1. Fraud or misrepresentation by the applicant with respect to any information contained in his or her approved application ~~r with respect to any other information provided by the city. 2. Failure of the applicant to meet or abide by any condition imposed upon approval. 3. Failure of the applicant to utilize the approval within one year of its issuance. 4. Abandonment of the sign for a period of thirty days. (Ord. 1624, (part), 1993) B. Written notification shall be provided to the applicant of a sign approval being considered for revocation prior to holding a ~~ublic hearing. (Ord. 1624, (part), 1993) CHAPTER 17.16: EXEMPT S][GNS Section 17.16.010 Certain signs exempt from permit requirements. 17.16.010 Certain Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, providing they comply with the following regulations: A. Directory Signs. Directories located v~ithin the interior of a project which are not oriented to a public street; B. Garage Sale Signs. Garage sale signs ~;ubject to the limitations in Section 17.32.030 and Chapter 5.16 of this code; C. Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger a~ld aids to service or safety; City of Cupertino Draft (Revised 10/20/09) 10 D. Identification Signs. Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, located on portions of a building, shopping mall or office complex; E. Information Signs. Informational or directional signs which are located entirely on the property to which they pertain and are less than four square feet in area. No more than 33% of the sign area of each sign can be devoted toward business identification of the business located on the property; F. Temporary Political Signs. Temporary political signs subject to the limitations in Section 17.32.040; G. Public Notices. Public notices or posters as legally required by a government agency; H. Residential Real Estate Signs. Real estate for sale/for lease/for rent signs, subject to the limitations in Section 17.32.060; I. Sale, Rent or Leasing Signs. Sale, rent or leasing signs subject to the limitations in Section 17.32.070; J. Street Address Numbers. Address numbers in all districts, providing they are not meant as an advertising mechanism; K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religious orders or historical agencies, provided that such signs are placed on or cut into the structure are not internally illuminated, and do not exceed rune square feet in area; L. Window Signs. Window signs subject to the limitations in Sections 17.24.090 and 17.32.100. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations; M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus shelters; N. Civic Event Signs. Civic and/or City-sponsored events signs on City property; O. State and/ or Federal Mandated Signs. State and/ or federal mandated signs, including state lottery and certified smog station signs; P. Pedestrian Oriented Blade Signs. Blade signs that are not internally illuminated. Such signs shall be less than 6.5 square feet in area and installed at a height between eight feet and twelve feet above pedestrian walkways. (Ord. 1987, (part), 2006; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993) CHAPTER 17.20: PROHIBITED SIGNS Section 17.20.010 Prohibited signs designated. 17.20.010 Prohibited Signs Designated. The following signs are not permitted in the City: City of Cupertino Draft (Revised 10/20/09) 11 A. Advertising Statuary; B. Animated Signs. Animated signs except for banners, flags, pennants and balloons permitted on a temporary basis as rE~gulated in Chapter 17.32, and electronic readerboard signs as permitted in Section 17..24.080; C. Audible Signs. Advertising displays which emit audible sound, odor or visible matter; D. Off-site Signs. Any off-site sign except as may be permitted in Chapter 17.32; E. Portable Signs. Portable signs except pis may be permitted in Chapter 17.32; F. Roof Signs. Any permanent roof sign; G. Traffic Conflict Signs. Signs which because of color, wording, design, location or illumination resemble or conflict with any traffic-control device or with the safe and efficient flow of traffic; H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private property which is visible from a public right-of-way, which has affixed to it a sign which is intended to attract or direct customers to a business on or near the property is prohibited. This subsection is not intended to apply to standard advertising or identification practices where such advertising displays are painted on or permanently attached to a business or commercial vehicle which is actively being used by the business unless the vehicle is in violation of t]Ze parking ordinance (Chapter 19.100 of the Cupertino Municipal Code). (Ord. 1624, (part), 1993) City of Cupertino Draft (Revised 10/20/09) 12 CHAPTER 17.24: SIGN REGULATIONS Section 17.24.010 Intent and applicability of provisions. 17.24.020 Sign program 17.24.040 Signs in special planning districts. 17.24.050 Wall signs 17.24.060 Permanent window signs, Blade signs & Logos, symbols or insignias 17.24.070 Ground signs 17.24.080 Gasoline station signs 17.24.090 Electronic readerboard signs, Changeable copy signs, Neon & light- emitting diode (LED) signs, Decorative statuary & Beverage container recycling signs 17.24.100 Signs in or near residential districts 17.24.120 Landmark Signs 17.24.170 Freeway orientation. 17.24.180 Design criteria. 17.24.190 Illumination restrictions. 17.24.210 Obstructions prohibited. 17.24.250 Construction and maintenance specifications. 17.24.260 Summary of regulations for signs according to districts. 17.24.010 Intent and Applicability of Provisions. The regulations in this chapter are intended to govern the number, size, location and design of signs within various land use districts of the City. (Ord. 1624, (part), 1993) 17.24.020 Sign Program. A. Applicability. 1. All developments in a commercial, office, industrial, institutional, or residential district, with four or more tenant spaces on the same parcel, shall adopt a comprehensive sign program to encourage creativity and ensure high quality in the design and display of multiple permanent. 2. The adoption of a sign program shall be required at the time of the initial construction of a new project. Existing developments in the City which do not have a comprehensive sign program shall be required to adopt one when the first tenant in the project requests a change of face as defined in this title. Thereafter, all subsequent changes of face in the project shall be required to conform to the adopted program. City of Cupertino Draft (Revised 10/20/09) 13 B. Application Requirements. On any commercial, office or industrial site, or building requiring a sign program, the owner shall submit to the Director a sign program application containing the following: 1. An accurate plot plan of the site showing the location of buildings, parking lots, driveways, and landscaped areas on the lot, at such scale as the Director may reasonably require; 2. Computation of the proposed ma:~cimum total sign area, the proposed maximum area of individual signs, allowed maximum total sign area, allowed maximum are of individual signs, the height of signs and the number of freestanding signs; and 3. Specifications with regard to: a. Sign type (individual chamlel letters, wood signs, etc.); b. Lighting; c. Location of each sign on this buildings; d. Materials; e. Sign proportions; Any other pertinent inform~~tion as required by the Director. C. Findings. The Director of Community L-evelopment may approve a Sign Program if the following findings are made: 1. The Sign Program complies with the purpose of this Chapter. 2. Proposed signs are creative, and a:re in harmony with the structures they identify, other signage on the site, and the surrounding development. 3. The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. D. Minor modifications to the requirements of this Chapter may be permitted, provided that the proposed Sign Program meets the following criteria in addition to 17.24.020C: 1. Special circumstances, unique to the site and building locations, exist that require a modification from the st<<ndards in this Chapter. 2. Demonstrates unique design and Exhibits a high degree of imagination, inventiveness, spirit, and thoughtfulness. 3. Provides high quality graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture. (Ord. 1624, (part), 1993) City of Cupertino Draft (Revised 10/20/09) 14 17.24.040 Signs in Special Planning Districts. Any business regulated by the Monta Vista Design Guidelines, Heart of the City Specific Plan or any area regulated by a specific plan shall be subject to the sign regulations contained within those plans. For all sign regulations not addressed in the Special Planning District plans, the requirements of this chapter will apply. (Ord. 1624, (part), 1993) 17.24.050 -Wall Signs. Table 17.24.050 sets forth the rules, regulations and processing applicable to wall signs. 17.24.060 -Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. Table 17.24.060 sets forth the rules, regulations and processing applicable to Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias. 17.24.070 -Ground Signs. Table 17.24.070 sets forth the rules, regulations and processing applicable to Ground Signs. 17.24.080 -Gasoline Station Signs. Table 17.24.080 sets forth the rules, regulations and processing applicable to Gasoline Station Signs. 17.24.090 -Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. Table 17.24.090 sets forth the rules, regulations and processing applicable to Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon Signs, Decorative Statuary and Beverage Container Recycling Signs. 17.24.100 -Signs in and near Residential Districts. Table 17.24.100 sets forth the rules, regulations and processing applicable to Signs in and near Residential Districts. 17.24.110 -Freeway Orientation. Table 17.24.110 sets forth the rules, regulations and processing applicable to Freeway Orientation of Signs. City of Cupertino Draft (Revised 10/20/09) Table 17.24.050: Wall Signs 15 Use/ N b Size Review Review um er Location Zoning Allowed Area & Maximum Authority Criteria Len th Area • One sign per business with • 1 s.f. per linear ft of • No more than one wall sign per frontage exterior frontage store frontage on which sign is located. • One additional for: • 70°io of store • Shall not project above the roof or top of -Businesses with no ground frontage parapet, unless it is an integral part of the sign and adjacent to more face of an architectural projection. than one street or shopping center driveway. - Sign directed to interior of • Length =total Meets project and not visible from combined length of Design Commercial any public right-of-way. each row of copy 200 s.f. CDD Criteria & Industrial -Single tenant building pad • Minimum area = 20 • No projecting wall sign shall extend into in with more than 5,000 s.f. s.f. a public right-of-way more than twelve Section inches. Any projecting sign shall have a 17.24.180 vertical clearance of at least fifteen feet :~hnvP a nrivatP nr nnhli~ vPhi~iil~r waii roadway, alley, driveway or parking area, Signs and at least eight feet above a sidewalk, pedestrian mall or landscaped area. • One sign per business with • 1 s.f. per linear ft of exterior frontage business frontage on which sign is located. • One additional for: • 70`% of business Same as above Office & -Businesses with no ground frontage Same as Institutional sign and adjacent to more 40 s.f. CDD above than one street or major shopping center driveway. - Sign directed to interior of • Length =total project and not visible from combined length of an ublic ri ht-of-wa each row of co CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; s.E. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) Table 17.24.060: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias 16 Size R i A h i it i R i C Use/ Zoning Number Location ev ew ut or ty ew r er ev a Maximum Area • Considered part of wall sign area. • 25% of window A, All except surface of pane Perimeter neon Permanent residential One or more storefront bay. window signage CDD Meets Design Criteria in Window districts • Neon window not allowed. Section 17.24.180 Signs sign = 4 s.f. • One "OPEN" sign less than two s.f. exem t All except One on each Between 8 ft and Illuminated -CDD Shall be pedestrian residential frontage up to a 12 ft above Not illuminated -Exempt oriented only and shall B. Blade districts maximum of two. 6.5 s.f pedestrian meet Design Review Signs walkways. Criteria in Section 17.24.180 C. Logos, Shall meet Design Review Symbols All except Same as Section 9 s f Same as Section Illuminated -CDD Criteria in Section or residential 14.24.050. . . 17.24.050 Not illuminated -Exempt 17.24.180 and restrictions Insignia districts in Section 17.24.100 CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) Table 17.24.070: Ground Signs 17 Use/ N b Size Review Review Zoning um er Allowed Area Maximum Height Location Authority Criteria & Len th • Shopping Center or inultitenant • One sign if • One s.f. per • Corner property: Sign has to be located on commercial minimum 100 ft four linear ft of • Eight ft. street frontage with the site's address. development street fronta e- g street fronta e g with a center name shall emphasize that name • Two signs if 500 • Maximum • Every ground sign shall be located wholly • Shall meet Design Criteria ft street frontage Area = 100 s.f. on the property for the use which the sign is in Section advertising is located on. 17.24.180 • V-shaped 'Street address and sifnls with numbers or range of numbers fnr All non- more ti~an two businesses shall be • No portion of any ground sign shall be Ground residential faces: Area of clearly identified located closer than one foot from the ublic p CDD Sin g areas all faces of sign in numbers not right-of-way. = Total Sign less than 5 inches Area. in height. • Double faced signs: Area of • No portion of any sign over three feet in larger face of height shall be located within a corner sign =Total triangle or sidewalk site triangle. (See Sign Area. Appendix A-4, A-5 & A-6) • Maximum • Signs on interior lots < 200 ft of frontage number of shall be located within the center 50% of the tenants on sign lot frontage. Interior lots > 200 ft of frontage shall locate ground signs no closer than 50 ft =six from a side property line. (See Appendix A-7) • No ground sign shall be located closer than one hundred feet from any other ground sign on the same property. CDD - Conununity Development Director; PC -Planning Commission; DRC -Design Review Committee; s.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) Table 17.24.080: Gasoline Station Signs 18 Type of Sign Number Size, Maximum Area Location Review Review Criteria and Allowable Area Authority A. Wall Sign Same as Section 17.24.050 Same as Section 17.24.050 Same as Section 17.24.050 CDD Meets Design Criteria in Section 17.24.180 B. Ground 1 ground sign regardless of Same as Section 17.24.070 Same as Section CDD Meets Design Criteria in Section 17.24.180 Sign frontage 17.24.070 C. Fuel Price Fuel price sign to be Computes toward • Is incorporated into the design of the Ground Sign incorporated into the design of Allowable Ground Sign See above CDD ground sign the ground sign Area • Letter size of price display on fuel price sign shall not exceed minimum specifications contained in Section 13532 of the California Business and Professions Code • Meets Design Criteria in Section 17.24.180 if service station is not identified on ground sign, in Number of product prices Attached to the wall D. Fuel Price addition to any wall sign on fuel price sign not to of the building CDD Saine as above Wall Sign allowed to the service station exceed eight per face. facing the public per Section 17.24.050, a second street fuel price sign is allowed. CDD -Community Development Director; PC -Planning Conunission; DRC -Design Review Committee City of Cupertino Draft (Revised 10/20/09) 19 Table 17.24.090: Electronic Readerboard Signs, Changeable Copy Signs,Exposed or visible Neon Signs, Decorative Statuary & Beverage Container Recycling Signs Size & Use Zonin Number Hei ht Location Review Authori Review Criteria One sign for • No closer than 500 ft A. Electronic centers with 20 Same as from any residential Background of electronic readerboard will be the Readerboard Commercial tenants or more Section district on the same PC same color as the primary background. if not Signs & 50,000 s.f. of 17.24.070 street as the sign. practical, then a color that is complimentary to gross floor area • Saine as Section the back ground color shall be used. 17.24.070 Included B. Changeable in total Deemed necessar to the t e of merchandisin Y YP g Co Si ns pY g Commercial allowable CDD of that business. Shall consist of permanent sign wall si n g and symbols or letters made of high quality & area. durable materials. C. Exposed or Shall meet Illumination Restrictions in Section visible Neon All DRC 17.24.190 signs • If Decorative In conjunction with the overall architectural Statuary -DRC design of the building, the landscaping scheme All except • iF TlR(' rl„+.,rw.i.,.,~ J a__nra +hA cicrn_ nrnnrarn Fnr +hA hncinncc ° ~ r'..°~'~_....,_ ._._ ..~,,.....,,,,. D. Decorative residential it is Fine Art, it may Statuary districts refer to another commission • If not publicly visible, then exein t Wall signs - as • Dealer subject to provisions of California allowed by Beverage Container Recycling and Litter E. Beverage Section Reduction Act of 1986. Container 17.24.050 Recycling Ground signs - as allowed by Where Section 10 s.E. allowed 17.24.070 maximum • Sign should contain information concerning a One building certified recycling center as described in Sections mounted sign 14570 & 14571 of Public Resources Code. • Certified Redemption Center sign -subject to limitations and review procedure of zoning district where it is located. CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Conunittee; S.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) Table 17.24.100: Signs in and near Residential Districts 20 Use/ Number Size Location Review Review Criteria Zoning Area Hei ht g Authority • Wall Sign - Wall Sign - No internally illuminated • Wall Sign -Same as Same as Section Same as Section sign permitted within 100 ft from any residential Shall meet design A. Signs near All except Section 17.24.050 17.24.050 17.24.050 districts except if the sign CDD criteria specified in Residential Districts residential • Ground Sign -Same as Ground Sign - • Ground Sign - face is mounted so it is not Section 17.24.180 Section 17.24.070 Same as Section Saine as Section visible to any residence 17.24.070 17.24.070 within 100 ft of the si n. B. Name plates, streets or Unit Residential One or more 2 s.f. or less CDD numbers One sign for interior lot • If one sign allowed, at • Shall contain only Residential Two signs for corner 32 s.f. 5 ft major entry. CDD name and address C. Development development of development. Identification Signs • If two allowed, one on • Shall meet design criteria specified in each street front. Section 17.24.180 CDD -Community Development Director; PC -Planning Commission; DRC -Design Review Committee; S.f. =square feet; ft =feet Table 17.24.110: Freeway Orientation Areas Number Si n Size Location A royal Authori Review Criteria • Oriented to regular street • Applies to all signs within 660 ft of system adjoining the propery "landscaped freeway" measured from edge of 1 per business/ rather than exclusively visible right-of-way - Commercial, tenant in a building See Section Building from the freeway -CDD A. Wall Signs Industrial & occupied by two or 17.24.050 mounted • Freeway Orientation - PC • Signs not exempted or excluded by Section Office more tenants. 5272 of the State of California Business and Maximum two. Professions Code shall be regulated by the "Advertisers" cha ter of that code. Commercial, Subject to Section Subject to Building Limited time period subject to C. On-site Industrial & 17.32.030 Section momlted Section 17.32.030 -CDD Subject to Section 17.32.030 tem ora si ns Office 17.32.030 Commercial, B. Freestanding Industrial & Not Allowed Si ns Office CDD =Community Development Director; PC =Planning Commission City of Cupertino Draft (Revised 10/20/09) 17.24.120 Landmark Signs. 21 Existing ground signs that have been designated by the City as Landmark Signs (see Appendix A-8: Landmark Signs) are exempt Erom the Nonconforming Sign regulations in Section 17.52.020. A. Such signs may be structurally reinfor~~ed or rebuilt, after damage or destruction, to its original design and specification;. B. Minor modifications to such signs may be allowed such that they do not distract from or alter the unique architectural style of the sign, with a Director's Minor Modification. 17.24.180 Design Criteria. Although the aesthetic appearance of sign. is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs. A. Ground signs shall be either housed in a frame or set onto a base, presenting a solid, attractive, well proportioned and balanced appearance. The size and shape of the frame or base shall be proportionate to the si;~e and weight of the sign. Low signs are generally more appropriate on a base, where~~s taller signs are generally more appropriate in a frame. (See Appendix A-3, Examples of Well Proportioned Signs, Examples of Signs Not Well Proportioned, ors file in the City Clerk and the Planning Department, for examples.) B. Ground signs shall be located within a landscaped area proportionate to the size of the sign. Appropriate landscaping should be placed at the base of the sign. C. All signs shall be architecturally compatible and in harmony with the building with which it is principally associated, by incorporating its colors, materials, shape and design. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood. D. Background panels for multi-tenant ground signs should be harmonious in muted colors. E. Sign copy shall be simple and concise, without excessive description of services or products. F. Internally illuminated signs shall not have a directly visible light source. G. The sign's color and illumination sha:~l not produce distraction to motorists or nearby residents. (Ord. 1624, (part), 1993) 17.24.190 Illumination Restrictions. A. The intensity of illumination for signs located within the commercial, office and industrial districts shall not exceed approximately two hundred fifty foot-lamberts. All other districts shall not exceed approximately one hundred foot-lamberts. The foot- City of Cupertino Draft (Revised 10/20/09) 22 lambert readings shall be used as a guide by staff to evaluate signs which are deemed to be a problem to passing motorists or residents in the surrounding neighborhood. B. The color and thickness of the sign panels as well as the brightness of the bulbs used to illuminate the sign shall be designed in such a manner as to avoid excessive illumination and glare. C. Illuminated signs which are not a necessary part of the security lighting system for a business shall be turned off at 11:00 p.m. or within two hours after the business is closed, whichever is the later time. D. All exterior lighting shall be placed in a manner so that the light source will not be seen from off the site. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.24.210 Obstructions Prohibited. No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk or bike path. (Ord. 1624, (part), 1993) 17.24.250 Construction and Maintenance Specifications. A. All signs shall conform to the building and wind load requirements of the Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the Cupertino Municipal Code. B. All signs with internal illumination shall be constructed of noncombustible materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or other similar institution of recognized standing, and be maintained in satisfactory condition or be immediately repaired or replaced. C. All electrical, gas or other utility service and other pertinent fixtures shall be placed underground. D. Guy wires or cable supports used to brace the sign shall not be visible to the observer. E. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind causing wear on supporting members. F. All signs shall be maintained in safe, unbroken, and structurally sound manner, including the replacement or repair of any defective parts, painting, cleaning and any other work necessary to maintain the sign and any landscape planter associated with the sign. (Ord. 1624, (part), 1993) City of Cupertino Draft (Revised 10/20/09) CHAPTER 17.32: TEMPORARY SIGNS-- REGULATIONS Section 17.32.010 Temporary signs-Location. 17.32.020 Flags. 17.32.030 Garage sale signs. 17.32.040 Temporary political signs. 17.32.050 Project announcement signs. 17.32.060 Residential real estate signs. 17.32.070 Sale, rent or leasing signs. 17.32.080 Subdivision directional signs. 17.32.090 Special event banners, promotional devices and portable signs and displays. 17.32.100 Window signs. 17.32.010 Temporary Signs-Location. 23 A. No person shall paint, mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any public property, sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment an~1/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad brid€;e or crossing, pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or~ upon a lighting system, public bridge, drinking fountain, street sign, traffic sign, trai~fic control pole or cabinet, utility transformer vaults, or any other building, structure or device permanently affixed on public property. B. No temporary sign shall be placed, posted or otherwise affixed in the public right-of-way, except as provided in this section. The public right-of-way generally includes the median, street, gutter, curb, side~Nalk and landscaped strip on public property. Temporary signs may only be located in the public right-of-way of a residential or institutional district, as defined in this Title. C. Unless otherwise provided for in this chapter, all temporary signs, whether or not located in the public right-of-way: 1. Shall not be located on the street or on street medians. 2. Shall be no larger than four square feet of sign area per sign side with no more than two sides per sign. 3. Shall be no more than three feet tall. 4. Shall have a maximum length of any Bart of the sign of three feet. 5. Shall not be illuminated. City of Cupertino Draft (Revised 10/20/09) 24 6. Shall not be located on private property without the oral or written consent of the owner or other person entitled to possession of said property. 7. Shall maintain at least 36 inches of clear and continuous width along a sidewalk or pathway plus any other area needed for handicapped accessibility. 8. Shall not restrict in any way the safe vision of any vehicular or pedestrian traffic or obstruct any directional or safety sign or other sign permitted by the City. 9. All parts of the sign shall be set back a minimum of eighteen inches from the face of the curb or from the edge of the street, bicycle or vehicle travel lane, whichever is the greatest distance from the edge of the street, bicycle or vehicle travel lane. 10. Temporary signs in the public right-of-way other than political signs shall be removed by sunset. D. Persons who place temporary signs in public rights-of-way are encouraged to notify and seek concurrence of adjacent property owner(s) and resident(s) before placing temporary signs. E. The provisions of Section 17.32.010B, C and D shall not be applicable to the following: 1. The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The maintenance of signs affixed to Santa Clara County Transit District bus shelters; 3. The maintenance of banners affixed to the top of the city-owned stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of banners affixed to the top of the city-owned light poles located over Stevens Creek and De Anza Boulevards; and 5. The maintenance of hazard markers or emergency signs. (Ord.1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) Section 17.32.020 -Flags, Garage Sales, Temporary Political Signs and Subdivision Signs Table 17.32.020 sets forth the rules, regulations and processing applicable to Flags, Garage Sales, Temporary Political Signs and Subdivision Signs. Section 17.32.030 -Real Estate Signs and Project Announcement Signs Table 17.32.030 sets forth the rules, regulations and processing applicable to Residential and Non-residential Real Estate Signs and Project Announcement Signs. City of Cupertino Draft (Revised 10/20/09) Table 17.32.020: Flags, Garage Sales, Temporary Political Signs and Subdivision Signs 25 Size Information Use/ Zoning Number Time Period Review Criteria Maximum Maximum Contained Area Height • Two weeks for • In conjunction with a grand opening or Number each special event special promotional activity. subject to No more than 'Shall be Commercial approval by N/A 20 ft above removed within 5 N/A • Meets Re uirements with re and to q g CDD round g days after the Special Event Banners, Promotional A. Flags i l t Devices, Portable Signs and Displays s ec a even Two Elag poles 4 s.f. Residential for each model No more Same as above One year N/A N/A home of a new than 2 sides develo meat B. Garage One on-site • Must be a bonafide garage sale activity Sales Residential Three off-site 8 s.f. 6 ft Length of sale N/A as defined in Chapter 5.16 of Municipal Code • No permit required. • Subject to requirements of Section • Unti15 days 17.32.010 after election. C 4 s.f. • if not removed Temporary P liti l All No limit No more N/A within time limit, N/A o ca than 2 sides City may remove • If the Director of Public Works finds Signs signs subject to that a sign otherwise permitted, is an Chapter 17.52. immediate peril or menace to pedestrian or vehicle traffic, he or she may cause it to be removed summarily pursuant to Section 17.52.040C • Shall meet requirements of Section Direct 17.32.010 • One year or customers • Application shall include a list of all D until all units are along the other such signs including sign area and Subdivision NOn Three 32 s.f. per 6 ft sold, whichever is most direct street location. Signs residential face. sooner. route • Subdivisions not in Cupertino shall not • Extensions may through the be permitted such signs. be granted. city. • Two sign faces maximum. • "V" sha red si ns rohibited. CDD =Community Development Director; S.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) Table 17.32.030: Residential Real Estate, Non-residential Real Estate and Project Announcement Signs 26 Size b Ti P i d I f i n C i d R i C it i Num er Maximum Maximum me er o n ormat o onta ne ev ew r er a Area Hei ht • One freestanding sign • Subject to requirements of per street frontage. Two 4 s.f. 6 ft Length of sale N/A Section 17.32.010. si s maximum. • One building mounted A. Residential banner - in lieu of one 4 s.f. N/A See above N/A N/A Real Estate freestandin si n. • One offsite for 4 s.f. 6 ft Remove at sunset N/A • Subject to requirements of sale/rent sin Section 17.32.010 • Six offsite open house • Subject to requirements of si ns N/A N/A Remove at sunset N/A Section 17.32.010 • Length of sale. • May be • Name of real estate agent • No more than two faces. "V" • One freestanding sign 32 s.f. per 6 ft installed up to or owner, address, phone signs prohibited. May not per street frontage. face. thirty days prior number and other pertinent reasonably obstruct visibility of to any tenant information. any permanent ground sign. vacanc B. Non- • One building mounted • Allowed only if no freestanding residential banner per elevation 64 s.f. Same as freestanding Same as Same as freestanding sign sign placed along that street Real Estate facing an adjacent public freestanding sign frontage. Location shall meet street. sign re uirements of Section 17.24.050 • On private property with • One offsite sign per Same as approval and consent of property street frontage. 32 s.f. per freestanding Same as Same as freestanding sign owner on whose property sign is • Maximum of two face. sign freestanding sign to be located. Shall meet signs per off-site parcel. re uirements of Section 17.32.010 • One year or Names of project and owner, C. Project • Two freestanding until all units are contact information, New projects under Announcement signs or banners Combined 6 ft sold, whichever leasin sale information, g/ construction, including Sign maximum area: 64 is sooner. dates of antici ated p subdivisions of 5 or more units. s.f. • Extensions ma Y completion and a list of be granted. contractors involved. S.f. =square feet; ft =feet City of Cupertino Draft (Revised 10/20/09) 17.32.090 Special Event Banners, Promotional 1/~evices, and Portable Signs and Displays. A. General Authorization. Special event banners, promotional devices, and portable signs and displays are permitted in gill commercial, industrial, office and institutional zoning districts subject to the issuance of a permit by the Director which conforms to the provisions of this section. B. Public objectives. Enhance pedestrian experience, activity and convenience. 2. Maintain the economic stability of the City by enhancing vitality of business. 3. Provide attractive, effective and visible identification reflecting the individual character of the business. C. Special event banners. The Director may issue a permit for a Special Event Banner for each business within the above-described zoning districts under the following provisions: 27 1. The banner shall only be displayed fo:~ a maximum of 120 days within a 360-day period. 2. The banner shall be building mounted and have only one face not exceeding one hundred square feet in area. 3. The banner shall be placed on a building in accordance with the limitations specified in Section 17.24.050 of this title related to building clearance and roofline levels. 4. Unless otherwise determined by the Director, the display of the banner shall be subject to the tenant schedule for shopping cEnters as provided in Subsection 17.32.090E. D. Promotional devices. In addition to special event banners described in division C. above, the Director may issue a permit for a promotional device for each business within the above-described zoning districts under the following provisions: 1. For advertising a special event for an existing business, promotional devices may be displayed for a maximum three-day I~eriod, four times within a calendar year. 2. For conducting a grand opening of a r~ew business, promotional devices (other than search lights, hot air balloons or other e~:tremely large devices as determined by the Director) may be displayed during the fir;~t year of a new business's operations for the sole purpose of announcing the grand opening of that business. 3. The device shall not displace parking or be located in a landscaped front set back area. 4. The device shall be compatible with adjoining uses, particularly residential uses. 5. Tethered balloons used for promotional purposes may not exceed twenty-five feet above the building where the special eve~it or grand opening is occurring. City of Cupertino Draft (Revised 10/20/09) 28 6. Unless otherwise determined by the Director, the display of the device shall be subject to the tenant schedule for shopping centers as provided in Subsection 17.32.090E. 7. Subject to the approval of the Director and the Public Works Department, a promotional device may be located within the public right of way based upon the degree of impact the device will have on traffic circulation as well as upon the environment of the surrounding uses. 8. Subject to the approval of the Director and the Public Works Department, traffic/parking directional signs may be used in conjunction with a promotional device during the period of the special event or grand opening. The number and placement of traffic/parking directional signs may be restricted by the Director or the Public Works Department in order to insure adequate sight distances and traffic safety clearance are maintained as required in Section 17.32.010. E. Tenant schedule: Shopping centers with approved electronic readerboard signs shall only be allowed building mounted banners. Freestanding temporary or special event signs for individual tenants are not allowed. Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of Tenants Number of Signs Permitted 20 to 27 tenants --2 center displays 28 tenants or more --4 center displays F. Portable signs and displays. In addition to special event banners and promotional devices described in divisions C. and D. above, the Director may issue a permit for a portable sign or display for each business location within the above described zoning districts under the following provisions: 1. Portable signs and displays may not be located in areas, either on public or private property, which are used by the public for vehicular or pedestrian traffic or in other areas, which in the opinion of the Director, are a threat to the public health, safety or welfare. 2. Portable signs and displays shall not be permanently attached to the ground or a structure on the premises it is intended to occupy and shall only be displayed during business hours. 3. Design review criteria. Portable signs and displays shall be appropriately designed, installed and maintained with special emphasis on the creative design, character and quality of color and material (vibrant and weather resistant). They shall be complementary to the building architecture and the operation of the business area City of Cupertino Draft (Revised 10/20/09) and shall enhance the overall appearance anti texture of the pedestrian shopping experience. 4. Specific standards. 29 Maximum Size 8 s.f Minimum Hei ht 3 ft Maximum Hei ht 4 ft Maximum width 2 ft Min. setback from street curb 2 ft Dis la Hours Business hours onl Min. edestrian walkwa 5 ft Distance from: Bus sto zones and/or bus sto furniture 15 ft Disable arkin zone 4 ft Must not be: 1. Set in ound 2. Att~uhed to trees, lamp posts, utility poles, street or traffic si , benches, h drants, or mailboxes 3. Illwninated 4. Looted in an re uired landsca e setback area S.f. =square feet; ft =feet 5. Modification of specific standards. The Director may modify the specific standards described in division 4. above upo~1 making a finding that special circumstances unique to the site require the application of a modified standard. G. Retail tenants larger than 20,000 square feet may be allowed to have one additional sign for each entrance to the building, up to a maximum of three signs with a permit from the Director. One such sign may be up to six feet tall and twenty four square feet in area if the sign face is not oriented to a public right-of-way. H. Permit procedures. The issuance, modification, revocation, and appeal of any permit under this section are governed by Chapter 17.12 of this title. Notwithstanding the above, any appeal of any permit under this section shall be made to the Design Review Committee. I. Removal of signs. All banners, devicE~s, signs and displays issued under this section must be removed not later than five days after the conclusion of the special event or grand opening to which they pertain. J. The city, pursuant to Chapter 17.52 of this code, may cause the banners, devices, signs and displays remaining after expiration or revocation of the above-described five day period to be removed. (Ord. 2030, (part), 2008; Ord. 1987, (part), 2005; Ord.1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) City of Cupertino Draft (Revised 10/20/09) 30 17.32.100 Window Signs. A. Window signs shall be permitted in all commercial zones. B. The total area of any window obscured by any combination of permanent and temporary window signs shall not exceed twenty-five percent of the window surface of each storefront bay. C. 1. Signs within a window shall be considered temporary if they remain on the window for less than thirty days, and shall not be subject to review. 2. Window signs intended to remain on display for more than thirty days shall be considered permanent window signs as regulated by Section 17.24.090. (Ord. 1987, (part), 2006; Ord. 1926, ~ 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1624, (part), 1993) CHAPTER 17.44: SIGN EXCEPTIONS' Section 17.44.010 Authority. 17.44.020 Application and fee. 17.44.030 Design Review Committee review required. 17.44.040 Findings for an exception. 17.44.050 Action by Design Review Committee. 17.44.060 Conditions for revocation of exception-Notice required. 17.44.070 Exception deemed null and void when-Notification required. 17.44.080 Appeals. 17.44.090 Reports to Planning Commission. * Prior ordinance history: Ords.1624 and 1655. 17.44.010 Authority. The Design Review Committee may grant a sign exception in accordance with the provisions of this chapter. (Ord. 1844, ~ 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.020 Application and Fee. An application shall be made in writing on a form prescribed by the Director. The application shall be accompanied by a nonrefundable fee, a letter explaining the justification for the exception, and appropriate exhibits as deemed necessary by the Community Development Director. (Ord.1789, ~ 1 (part), 1998) 17.44.030 Design Review Committee Review Required. A. An exception shall be scheduled for review by the Design Review Committee, City of Cupertino Draft (Revised 10/20/09) 31 not later than thirty days after filing of application, unless the application is deemed incomplete. B. Mailed written notice of the hearing on the sign exception shall be given by the Director of Community Development to all owners of record of real property (as shown in the last assessment roll) which abut the subject property, as well as property and its abutting properties to the left and right, directly opposite the subject property and located across a street, way, highway or alley. Mailed notice shall include owners of property whose only contiguity to the subject site is a single point. Said notice shall be mailed by first class mail at least ten days prier to the Design Review Committee meeting in which the application will be considered. The notice shall state the date, time and place of the hearing. A description of the sign exception shall be included in the notice. If the Director of Community Development believes the project may have negative effects beyond the range of the mailed notice, particularly negative effects on nearby residential areas, the Director, in his/]Zer discretion may expand noticing beyond the stated requirements. C. Compliance with the notice provisions set forth in this section shall constitute a good-faith effort to provide notice, and failure to provide notice, and the failure of any person to receive notice, shall not prevent the City from proceeding to consider or to take action with respect to an application under this chapter. (Ord. 1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998) 17.44.040 Findings for an Exception. The Design Review Committee may grant an exception based upon all the following findings: A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; B. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and C. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. (Ord. 1844, § 1 (part), 2000; Ord. 1789, ~ 1 (part), 1998) 17.44.050 Action by Design Review Committee. The decision made by the Design Review <:ommittee is final unless appealed in accordance with Section 17.44.080. (Ord.1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998) 17.44.060 Conditions for Revocation of Exception-Notice Required. In any case where the conditions or limitations to an exception granted have not been complied with, the Planning Commission ma y revoke the exception after notice and hearing in the same manner as defined in Sec :ion 17.44.030. City of Cupertino Draft (Revised 10/20/09) 32 (Ord. 1789, § 1 (part), 1998) 17.44.070 Exception Deemed Null and Void When-Notification Required. In any case where an exception has not been used within one year from the date of issuance, or if abandoned for a period of thirty days, the exception will automatically become null and void upon written notice from the Director to the property owner and/ or tenant. (Ord. 1789, ~ 1 (part), 1998) 17.44.080 Appeals. Any person aggrieved by a decision of the Design Review Committee may appeal such a decision in writing to the Planning Commission.in accordance with the procedures set forth in Chapter 19.136, except that the Planning decision shall be final. (Ord. 1987, (part), 2006; Ord.1844, ~ 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.090 Reports to Planning Commission. The Director, or designated representative, shall make written reports on all exceptions granted, denied, or revoked under this chapter. The reports shall be delivered to the Planning Commission within five calendar days from the date of the decision. (Ord.1844, ~ 1 (part), 2000; Ord.1789, ~ 1 (part), 1998) CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT Section 17.52.010 Interpretation and enforcement of provisions. 17.52.020 Nonconforming signs. 17.52.030 Abandoned or discontinued signs. 17.52.040 Illegal signs-Notice required-Summary removal authorized when. 17.52.045 Authority to remove illegal signs in public right-of-way. 17.52.050 Storage of removed signs. 17.52.060 Owner responsible for removal, alteration or relocation costs. 17.52.070 Illegal signs-Deemed public nuisance-Court action authorized. 17.52.080 Violation deemed infraction-Penalty. 17.52.090 Appeals from decisions of the Director. 17.52.010 Interpretation and Enforcement of Provisions. The Director or his/her designee is empowered to interpret and enforce the provisions and requirements of this title and to remove or cause to be removed any sign or other advertising structure which has been constructed, erected, altered, relocated or City of Cupertino Draft (Revised 10/20/09) 33 maintained in violation of this title. Such powers include but are not restricted to provisions and procedures set forth in the following sections of this chapter. Decisions by the Director or his/her designee in relatio~l to this title may be appealed to the Planning Commission as set forth in Section ';7.52.090. (Ord. 1624, (part), 1993) 17.52.020 Nonconforming Signs. A. Any nonconforming sign, except Landmark Signs identified in Section 17.24.110, unless made to conform to the provisions of this title, may not be structurally altered, expanded, moved, modified in any v~~ay, or be reestablished after 1. Discontinuance for 180 days or more; or 2. Damage or destruction by intentional ;acts of the owner and/or tenant of the property of more than fifty percent of i:he sign. B. Any nonconforming sign which was legally erected in accordance with the provisions of the ordinance in effect at the time of erection, or which has a valid permit from the City, shall be permitted to remain until such time as 1. There is a change in the use of the property that the sign is located on; or 2. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent or more of the existing site or building. The amount of alterations shall be cumulai:ive over time. 3. At such time as any of the events mentioned in subsections A and B occur, the sign must be brought into conformance with this title. Any business with a nonconforming sign, other than a Lanemark Sign as identified in Section 17.24.110, shall not be entitled to an additional sign unless the nonconforming sign is made to comply with the provisions of this title. (Ord. 1624, (part), 1993) 17.52.030 Abandoned or Discontinued Signs. Any sign which pertains to a business or o~~cupation which is no longer using the particular sign or property, or which relates t~~ a time which no longer applies, constitutes false advertising. The structure acid copy shall be blanked out or removed within thirty days after the associated business, occupation or event has vacated the premises. An abandoned sign is prohibited and the removal shall be the responsibility of the owner of the sign or the owner of the premises. (Ord. 1624, (part), 1993) 17.52.040 Illegal Signs-Notice Required-Summ;~ry Removal Authorized When. A. If the Director or his/her designee finds that any sign or-other advertising structure has been constructed, erected, alterE~d, relocated or maintained in violation of any of the provisions of this title or any other pertinent ordinance of the City, the Director or his/her designee shall inform the owner and the tenant of the property on which the sign or structure is located, in writing, that the sign or structure must be City of Cupertino Draft (Revised 10/20/09) 34 removed within ten days of receipt of the notice, or an application must be made to the Director for sign approval. Failure to take the required action shall result in a criminal or civil sanction as provided by state law or any legal sanction or remedy set forth in this Code. B. If the Director or his/her designee finds that any temporary sign or advertising device is in violation of this title or any other pertinent ordinance of the City, the Director or his/ her designee shall notify the owner of, or tenant using, the sign, in person or writing, that the. sign shall be immediately removed. C. If the Director or his/her designee finds that any sign or other advertising structure, whether conforming with the ordinance or not, is an immediate peril or menace to the public, or to any person, the Director or his/her designee shall cause it to be summarily removed. Upon removal, the Director or his/her designee shall give written notice to the owner. (Ord. 1624, (part), 1993) 17.52.045 Authority to remove illegal signs in public right-of-way. A. Any illegal signs in the public right-of-way may be removed immediately by the city. B. No notice shall be required prior to removal of illegal signs, including, without limitation, temporary signs, in the public right-of-way. C. Any sign removed by the city, except any sign of de minimus value, shall be held in storage and the owner or other person in control of such sign, if known, shall be given written notice and twenty days to reclaim such sign. D. Any illegal sign in the public right-of-way of de minimus value shall be deemed to be abandoned and may be destroyed by the city after removal. No opportunity to reclaim such sign shall be given by the city. E. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimus value. 17.52.050 Storage of Removed Signs. Any sign removed by the Director or his/her designee, other than those referred to in Section 17.52.045, shall be stored in the City corporation yard and may be claimed within twenty days after the sign was removed, provided that any cost incurred by the City has been paid, and that a renewal of the building permit for the sign has been secured. If signs are not claimed within twenty days after removal by the City, the City shall dispose of the signs. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.52.060 Owner Responsible for Removal, Alteration or Relocation Costs. Any cost incurred by the City in the removal, alteration or relocation of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City, shall be paid by the owner or person having beneficial enjoyment of the property upon which such sign is located. (Ord. 1624, (part), 1993) City of Cupertino Draft (Revised 10/20/09) 35 17.52.070 Illegal Signs-Deemed Public Nuisance-Court Action Authorized. In the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this title, the sign shall be considered a public nuisance and the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such person from continuing such violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. (Ord. 1624, (part), 1993) 17.52.080 Violation Deemed Infraction-Penalty. Any person, firm or corporation violating any provisions of this title shall be deemed guilty of an infraction, and upon conviction t:~ereof, shall be punished in the same manner as other infractions provided under (:hapter 1.12 of this Municipal Code. (Ord. 1624, (part), 1993) 17.52.090 Appeals from Decisions of the Director. A. The applicant, aggrieved by a decision of the Director or his/her designee to order the removal of a sign, may appeal such order or decision to the Planning Commission in accordance with the procedures set forth in Chapter 19.136, except that the Planning Commission decision shall be final. (Ord. 1624, (part), 1993) APPENDIX A-1: 35 SIGN APPLICATION APPROVAL PROCESS FLOW CHART ~ Applicant verifies with Planning Staff whether Prohibited proposed sign is permitted, exempt or prohibited. Applicant may Permitted revise drawings Applicant may apply for an exception. Submit sign program to Community Development for permits. Submit required exhibits, fees and application form. Staff will review application Staff will schedule hear- for compliance with Sign ing within 30 days. Ordinance within 30 days. Approved Design Review Commit- tee will review request in Community Development A roved conformance with excep- will issue permits. tion process and either approve, approve with conditions, or deny. Denied May install signs If denied, applicant may appeal to Plan- nin~ Commission. Appeal Must submit written Approved request to appeal decision to the Planning Department within 14 calendar days. Approved Denied Must submit written request to appeal decision Appeal If denied, applicant to the City Clerk within may appeal to City 14 calendar days. Council. 37 APPENDI;K A-2: EXAMPLES OF HOW TO 1~ZEASURE SIGN AREA Sign with backgrou~ld or borders Sign separated by 36 : nches or more Individually lettered sign APPENDIX A-3: EXAMPLES OF WELL PROPORTIONED SIGNS EXAMPLES OF SIGNS NOT WELL PROPORTIONED f~~ ~~ ~~ 1 Examples of Well Proportioned Signs 38 Examples of Signs not Well Proportioned 39 APPENDIX A-4: CUPERTINO STArfDARD DETAIL 7-2 CORNER TRIANGLE -CONTROLLED INTERSECTIONS CORNER SIGHT DISTANCE DESIGN 85th PERCENTILE SPEED SD FORMULA SD =Design speed X 1.467X7.5 Sight Distanc J Seconds Criteria Factor 85th percentile speed D 25 275 a O 30 330 oc 35 385 °C O~ 40 440 Z ' 45 495 ~ 50 550 ------ G~LS~/~~ - ~~ ~ ~ - SD T LS J -.~.,,~ LEGEND Y =Distance between the edge of roadway and the curb. Applies to parking, bike lanes, shoulders and/or combination. LS = Line of sight SD = Signt distance G = Edge of travelway MAJOR ~ ROAD - ~-- - - G ~ LS 1 ~_ 2 ~ ~ / Set backs from edge of travel lane O1 Crosswalk set back = 24 feet + Y O Limit line set back= 13 feet+Y I 40 APPENDIX A-5: CUPERTINO STANDARD DETAIL 7-4 CORNER TRIANGLE -UNCONTROLLED INTERSECTIONS I Center I line I I a w I °o LS = Line of sight LS^ 1 ~ - Center line 100 feet Monument or interseccting point - -~ \ I Cn d r x y y n ~ C ~ ~ F.O.C. LIP OF GUTTER Z G7 y ~ z SIDEWALK VARIES ~ O ~ 50 J ' d ~ ~ BACK OF SIDEWALK g' g ~ ~ Z ~ d ~ SHADED AREAS BEHIND SIDEWALK SHALL DRIVEWAY `~C ~ ~ BE FREE OF ANY OBSTRUCTION EXCEEDING ~ ~ ~ 3 FEET ABOVE SIDEWALK ELEVATION (i.e., ~ SIGNS, BUSHES) ~ ALSO SEE DETAIL 7-2 (CONTROLLED INTER- ~ y SECTIONS) FOR FURTHER RESTRICTIONS ~ ~ z r ~ V y d C CA .~ .p 42 APPENDIX A-7: EXAMPLE OF HOW TO FIGURE SIZE AND LOCATION OF GROUND SIGNS 1 Ground Sign Allowed: 130 ft Maximum Sign Area: 32.5 sq. ft. (130 ft/4 = 32.5) Sign Location: Center 50% begins at 32.5 ft. from side property lines. 8 ft. (Total Sign Height) Curb 5 ft. (sign height) 10300 ~ 5"min. Sign Area: 5 x 6.5 = 32.5 sq. ft. Sign Area equals height of sign face times length of sign face. (excluding base) Overall height of sign is measured from the closest curb. IJV Il. JIICCI l IVllluy\. 43 APPENDIX A-8: LANDMARK SIGNS 1. Loree's Sho~pin~ Center - 19068 Stevens Creek Boulevard (APN: 375 07 046 2. Kerlev's - 20301 Stevens Creek Boulevard (APN: 316 25 0381 3. Cupertino Crossroads - 20610 Ste~~ens Creek Boulevard (APN: 359 08 0181 4. Vallco Freeway-oriented Si~1- (AP~1: 316 20 092) 5. Yoshida Restaurant - 10700 S. De_A:ZZa Boulevard (APN: 369 37 029) 6. Yanla~,azni Nursery - 1361 S. De Anza Boulevard (APN: 366 19 047 1 2 3 i . ~ ~~ - s .. --f _ ~r .. LL ~. :;~ . ?~,~« .-,~ =.~~t. 3 ~~ .~,' „~: < ` a... ~. , .. <. .. .~ - - y F - } ` -, {y~ 1 `` ;.~:.. •~ 4 -`~ 6 City of Cupertino I]raft (Revised 10/20/09) 44 INTRODUCED at a regular meeting of the Cupertino City Council this 20~ day of October, 2009, and ENACTED at a regular meeting of the Cupertino City Council this day of , 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino C'C' iv ~~.~ ~ ~ Linda Lagergren -` ' ~~ From: grenna5000@yahoo.com Sent: Tuesday, October 20, 2009 1:42 P~~ To: Orrin Mahoney Cc: grenna5000@yahoo.com ~~ ~' ~' Subject: Cupertino Sign Ordinance Dear Mayor Mahoney, C+Vi'E1tTifNO I see that the Sign Ordinance is going to be on the City Council Agenda tonight. I don't know if I am going to be at the Council meeting tonight when this item comes up. I have followed the proposed changes through many meetings. I wanted to say how much I hope that the City Council looks at what is being proposed for the Sign Ordinance changes and makes sure that nothing gets approved in the Sign Ordinance that is going to allow signs to become a nuisance and mar the ambience of the city and its rural atmosphere. I am worried that new signs nay be very large and unattractive looking and look out of character or out of place in our beautiful city. I know that San Jose recently changed their Sign Ordinance to allow larger, more numerous signs, and I hope that Cupertino will not change the Sign Ordinance just to be like San Jose. I hope that signs in the city are well designed and elegant looking and provide shop owners will advertising, but do not compromise the beauty of the city for the residents who live here and drive through the town. Cupertino is a residential city, too, and we need to make sure our city retains its beauty and does not become covered with excessive, loud, not well thought out signage. I also like our Loree Shopping Center sign on Stevens Creek Boulevard. It may be an oldie, but it is aMid-Century Modern Goodie! Thank you very much for your sensitive support of this important item. Sincerely, Jennifer Griffin ~° r ~ "; ..~ ~. a ~ .. k .,,~ ~. tr --.~.. k{n.•....~ r... ~ f „n .. ~~,~ ~' c~~ :~ '~~" { 4.~ "~ ., ;.