CC Ordinance No. 06-1987
ORDINANCE NO. 06-1987
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
AMENDING CHAPTER 17 OF THE CUPERTINO MUNICIPAL CODE
RELATED TO REGULATIONS AFFECTING SIGNS
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Title 17 ofthe Municipal Code of Cupertino is hereby amended to read as follows:
TITLE t 7: 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.
Ordinance No. 06-1987
CHAPTER 17.04: GENERAL PROVISIONS
Section
17.04.010 Short title.
17.04.020 Purpose and intent.
17.04.030 Savings clause.
17.04.010 Short Title.
Ordinance 1624, codified in 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 City of Cupertino is a suburban community interested in providing a mixture of
commercial, industrial and residential land uses which reside together. The general welfare of
the citizens as well as the economic stability of the City is dependent on maintaining a peaceful
coexistence between the various uses. The purpose of the sign ordinance is to identify and
enhance businesses while maintaining the aesthetic appearance of the City.
B. A sign is recognized as a vital ingredient in the free trade process upon which the City is
dependent. 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. The goal is to
create a visual environment that will:
1. Enhance the effectiveness of the signs;
2. Provide for the necessary competition;
3. Insure the public safety;
4. Increase the convenience of the citizen; and
5. Maintain the identification and individual character of each business.
C. With these goals in mind, the City has adopted this title, which is intended to:
1. Provide architectural and aesthetic harmony of signs as they relate to building design and
surrounding landscaping;
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Ordinance No. 06-1987
2. Provide regulations of sign size, height 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.
7. Encourage the use of the City's morion logo on City-sponsored, City street and City
directional signs. (Ord. 1624, (part), 1993)
17.04.030 Savings Clause.
The changes provided for in Ordinance 1755 shall not affect any offense or act committed or
done or any penalty or forfeiture incurred or any right established or accruing before the
effective date of Ordinance 1755; nor shall it affect any prosecution, suit or proceeding pending
or any judgment rendered prior to the effective date of Ordinance 1755, April 21, 1997. (Ord.
1755, (part), 1997)
CHAPTER 17.08: DEFINITIONS
Section
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 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.
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Ordinance No. 06-1987
"Architectural projection" means any permanent extension from the structure of a building,
including the likes of canopies, awnings and fascia.
"Banner" means a temporary advertising display consisting of fabric, canvas, plastic or paper
material which is attached to a building, vehicle, pole or other form of support.
"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.
"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.
"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 a triangular-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-5, Cupertino Standard Detail 7-2; Corner Triangle--
Controlled Intersections, and A-6, Cupertino Standard Detail 7-4; Corner Triangle--
Uncontrolled Intersections, both on file in the office ofthe City Clerk and the Planning
Department, 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.
"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. '
"Electronic readerboard sign" means an electronic sign intended for a periodically-changing
advertising message.
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Ordinance No. 06-1987
"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 oflight transmitted through or
reflected from an object or surface.
"Freeway" means any public roadway so designated by the State of California. All freeways
in the City are considered "landscaped freeways."
"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 ofthe 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.
"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.
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Ordinance No. 06-1987
"Interior lot" means a lot other than a corner lot.
"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 ofthe
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.
"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, s01d 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" means any sign not permanently attached to the ground or a structure on the
premises it is intended to occupy. This definition shall not include A- frame signs, sandwich
signs and any other advertising structure so defined.
"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.
"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, R1 C, A, and A 1 zoning classifications
which are consistent with the residential designation of the Cupertino general plan.
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Ordinance No. 06-1987
"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 7-
6. (See Appendix A-7, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at
Driveway), on file in the office of the City Clerk and the Planning Department.)
"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." The sign area of an individually lettered sign without background is measured
by enclosing the entire sign with a set of parallel vertical and horizontal lines. The sign area of a
sign with borders and/or background is measured by a single continuous perimeter enclosing the
exterior limits ofthe border or background. The necessary supports and uprights, 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.
"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 street 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 displayed for infrequent and limited time periods.
"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.
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Ordinance No. 06-1987
"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. 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.
17.12.050 Application-For new development-Timing.
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.
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Ordinance No. 06-1987
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. Permitted neon window signs
do not require Planning Commission approval. In regard to these signs only, the Planning
Commission's decision is final unless appealed in accordance with Section 17.44.080. The
Planning Commission shall use the criteria as established in Sections 17.24.150, 17.24.170,
17.24.190, and 17.24.200 for review of those signs. (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. (Ord. 1624, (part), 1993)
17.12.050 Application-For New Development-Timing.
The application for sign approval or a conceptual sign program for a new development shall
be made in conjunction with the review ofthe use permit for the entire project in order that the
design ofthe signs be taken into consideration at the time of architectural and site planning.
(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:
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Ordinance No. 06-1987
A. That the proposed sign meets the requirements of this title or any special conditions
imposed in the development by the Planning Commission, or City Council; and
B. That the proposed sign's color and illumination is not in conflict with the safe flow of
traffic on the City streets. (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. 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. 1624, (part), 1993)
17.12.090 Appe~ls and Exceptions.
Those applicants who wish to appeal a decision by the Director, a decision of the Design
Review Committee or a decision of the Planning Commission or who wish to apply for an
exception shall do so under the provisions of Chapters 17.44 and 17.52 ofthis title. (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.
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-I, Sign Application Approval Process Flow Chart, on file in the office of the
City Clerk and the Planning Department, summarizes the application approval process. (Ord.
1624, (part), 1993)
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Ordinance No. 06-1987
17.12.120 Revocation of Sign Approval-Authority.
The Director has the authority to revoke any sign approval originally issued by himlher. The
Planning Commission has the authority to revoke any sign approval issued by it. (Ord. 1624,
(part), 1993)
17.12.130 Grounds for Revocation.
Any sign approval may be revoked on the basis of one or more the following grounds:
A. Fraud or misrepresentation 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.
B. Failure of the applicant to meet or abide by any condition imposed upon approval.
C. Failure of the applicant to utilize the approval within one year of its issuance.
D. Abandonment of the sign for a period ofthirty days. (Ord. 1624, (part), 1993)
17.12.140 Hearings-Notice.
Prior to revocation, the Director or the Planning Commission, as the case may be, shall hold
hearings after written notice is provided to the applicant. (Ord. 1624, (part), 1993)
CHAPTER 17.16: EXEMPT SIGNS
Section
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;
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Ordinance No. 06-1987
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, do not advertise a particular business, and are less than four
square feet in area;
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;
1. 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 building, are not internally illuminated, and do not
exceed nine square feet; and
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 event 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. (Ord. 1720, (part), 1996; Ord. 1624, (part),
1993 )
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Ordinance No. 06-1987
CHAPTER 17.20: PROHIBITED SIGNS
Section
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 17.24.150;
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;
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 the parking ordinance.
(Ord. 1624, (part), 1993)
CHAPTER 17.24: SIGN REGULATIONS
Section
17.24.01 0 Intent and applicability of provisions.
17.24.020 Sign program-Required when.
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Ordinance No. 06-1987
17.24.030
17.24.040
17.24.050
17.24.060
17.24.070
17.24.080
17.24.090
17.24.100
17.24.110
17.24.120
17.24.130
17.24.140
17.24.150
17.24.160
17 .24.170
17.24.180
17.24.190
17.24.200
17.24.210
17.24.220
17.24.230
17.24.240
17.24.250
Sign program-Information required.
Signs in special planning districts.
Wall signs-Number of signs permitted.
Wall signs-Commercial and industrial districts.
Wall signs-Office and institutional districts.
Wall sign location.
Permanent window signs.
Ground signs-Number of signs permitted.
Ground signs-Size.
Ground signs-Location.
Ground signs-Information contained.
Ground signs-Gasoline service stations.
Electronic readerboard signs.
Changeable copy signs.
Freeway orientation.
Design criteria.
Illumination restrictions.
Decorative statuary.
Obstructions prohibited.
Signs near residences.
Residential districts-Name plates and street or unit numbers.
Residential districts-Development identification signs.
Construction and maintenance specifications.
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Ordinance No. 06-1987
17.24.260 Summary of regulations for signs according to districts.
17.24.270 Beverage container recycling signs.
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 ofthe City. (Ord. 1624, (part), 1993)
17.24.020 Sign Program-Required When.
A. All developments in a commercial, office, industrial, institutional, or residential district
shall adopt a comprehensive sign program. The sign program shall be filed with the Director and
shall specify standards for consistency among all signs within the development. All regulations
in this chapter shall be used as criteria for developing the sign program.
B. The adoption of a sign program shall be required at the time ofthe 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. (Ord. 1624, (part), 1993)
17.24.030 Sign Program-Information Required.
On any commercial, office or industrial site, or building requiring a sign program, the owner
shall submit to the Director a sign program containing the following:
A. An accurate plot plan of the site at such scale as the Director may reasonably require;
B. Location of buildings, parking lots, driveways, and landscaped areas on the lot;
C. Computation of the maximum total sign area, the maximum area of individual signs, the
height of signs and the number of freestanding signs;
D. An accurate indication of each present and future signs not exempt by this title; and
E. Specifications for consistency among all signs with regard to:
1. Color scheme;
2. Sign type (individual channel letters, can sign, wood signs, etc.);
3. Lighting;
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Ordinance No. 06-1987
4. Location of each sign on the buildings;
5. Materials;
6. Sign proportions;
7. Any other pertinent information as required by the Director. (Ord. 1624, (part), 1993)
17.24.040 Signs in Special Planning Districts.
Any business regulated by the Monta Vista Design Guidelines or any area regulated by a
specific plan shall be subject to the sign regulations contained within those plans. (Ord. 1624,
(part), 1993)
17.24.050 Wall Signs-Number of Signs Permitted.
A. Except for residential districts, each business with exterior frontage shall be permitted
one wall sign.
B. One additional wall sign shall be permitted under anyone of the following
circumstances, provided there is no more than one wall sign on each side of the building:
1. For businesses which do not have a ground sign and the business is adjacent to more
than one street; or
2. The sign is directed to the interior of the project and not visible from a public right-of-
way. (Ord. 1624, (part), 1993)
17.24.060 Wall Signs-Commercial and Industrial Districts.
A. In retail commercial or industrial districts, wall signs shall not exceed one square foot of
sign area per one foot of the store frontage on which the sign is located. The length of the sign
shall not exceed seventy percent of the store frontage. The length of the sign shall be determined
by the total combined length of each row of copy on the sign. Each business shall be allowed a
minimum twenty square foot sign. No wall sign shall be greater than two hundred square feet in
area.
B. Where architecturally compatible with the building design, the maximum height of a
wall sign is regulated by the following criteria:
1. Eighteen inches for signs set back fifty feet or less from the face of curb; however, a
double row of copy on a wall sign is permitted ifit complies with Section 17.24.060(A) and does
not exceed a maximum height of thirty-six inches;
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Ordinance No. 06-1987
2. Twenty-four inches for signs set back more than fifty feet from the face of curb;
however, a double row of copy is permitted if it complies with Section 17.24.060(A) and does
not exceed a maximum height of forty-eight inches;
3. Twenty-four inches for businesses with five thousand square feet or more oftenant space
regardless of the setback; however, a double row of copy is permitted if it complies with Section
17.24.060(A) and does not exceed a maximum height of forty-eight inches;
4. Thirty-six inches for businesses with ten thousand square feet or more of tenant space
and set back one hundred feet or more from the face of curb; however, a double row of copy is
permitted ifit complies with Section 17.24.060(A) and does not exceed a maximum height of
forty-eight inches;
5. Forty-eight inches for businesses with twenty thousand square feet or more of tenant
space and set back one hundred feet or more from the face of curb.
Table Summarizing Wall Sign Height Requirements
Commercial/Industrial ~ 50 ft. > 50 ft. setback Min. 100 ft. Min. 100 ft.
Districts setback from from face of setback from setback from
face of curb curb or tenant face 0 f curb face of curb
space of 5,000 and tenant and tenant
- 9,999 sf space of space of
10,000 sf - 20,000 sf+
19,999 sf
Single Row of Sign 18 inches 24 inches 36 inches 48 inches
Copy
Double Row of Sign 36 inches 48 inches 48 inches 48 inches
Copy
Office/Institutional ~ 50 ft. > 50 ft. setback
District setback from from face of
face of curb curb
Single Row of Sign 18 inches 24 inches
Copy
Double Row of Sign 36 inches 48 inches
Copy
Where such wall signs are not architecturally compatible with the building design, the applicant
may apply for a Sign Exception per Chapter 17.44. See Appendix A-8, Example of How to
Figure Size of Wall Sign, on file in the office of the City Clerk and the Planning Department, for
example. C. Wall signs that are internally illuminated shall be designed in a manner so that
the light source is not directly visible. Neon lighting, whether exposed or visible through any
17
Ordinance No. 06-1987
sign face, and used in the lettering design or accent of any wall sign shall require approval from
the Design Review Committee. (Ord. 1624, (part), 1993)
17.24.070 Wall Signs-Office and Institutional Districts.
A. Signs for businesses in an office or institutional district shall not exceed one square foot
of sign area per one linear foot of frontage. Further, each sign shall not exceed forty square feet
and shall not exceed seventy percent of the frontage the business occupies in the building. B.
Where architecturally compatible with the building design, he maximum height of a wall sign in
an office or institutional district is eighteen inches; however, a double row of copy is permitted if
it complies with Section 17.24.070(A) and does not exceed a maximum height of thirty-six
inches. Wall signs set back from the face of curb more than fifty feet are permitted a maximum
height of twenty- four inches; however, a double row of copy is permitted if it complies with
Section 17.24.070(A) and does not exceed a maximum height of forty-eight inches. Where such
wall signs are not architecturally compatible with the building design, the applicant may apply
for a Sign Exception per Chapter 17.44. (Ord. 1624, (part), 1993)
17 .24.080 Wall Sign Location.
A. Wall signs shall not project above the roofline of the building.
B. Wall signs shall not extend above the top level of the wall upon which it is situated and
shall not project more than six feet from a building.
C. No projecting wall sign shall extend into a public right-of-way more than twelve inches.
Any projecting sign shall have a vertical clearance of at least fifteen feet above a private or
public vehicular roadway, alley, driveway or parking area, and at least eight feet above a
sidewalk, pedestrian mall or landscaped area.
D. A wall sign which is an integral part of the face of an architectural projection shall not
project beyond the face ofthe architectural projection more than two feet. (Ord. 1624, (part),
1993)
17.24.090 Permanent Window Signs.
A. Permanent window signs, including neon window signs in commercial districts, may be
placed in addition to the allowable wall signs and shall be considered part of the allowable wall
SIgn area.
B. The total area of any window obscured by any combination of permanent and temporary
window signs shall not exceed twenty-five percent ofthe window surface of each windowpane.
18
Ordinance No. 06-1987
C. Each business in a commercial district may be permitted neon window signs totaling not
more than four square feet. Use of neon window signs does not require Design Review
Committee review. Neon lighting is prohibited as a border on a window or storefront, and is not
part of a neon window sign.
D. One "OPEN" sign not exceeding two square feet may be permitted without penalty to
the allowable window coverage. (Ord. 1624, (part), 1993)
17.24.100 Ground Signs-Number of Signs Permitted.
Except for residential districts, each site meeting the following criteria shall be allowed one
ground sign.
A. The site has a minimum of one hundred feet of frontage with a combination of street
frontage and building setback totaling one hundred fifty feet. For sites located on a corner the
sign must be located on the street frontage ofthe site's address.
B. Sites with over five hundred feet of frontage may have one additional sign. A
development consisting of two or more businesses in one building or a single site with more than
one building shall provide for common usage ofthe sign. (Ord. 1624, (part), 1993)
17.24.110 Ground Signs-Size.
A. Each ground sign allowed within the city shall be limited to eight feet in height. The
height of a ground sign shall be determined by measuring from the grade of the adjoining closest
public sidewalk to the highest portion of the sign, including the trim. Any ground sign over eight
feet in height that was legally erected in accordance with the provisions of this ordinance in
effect at the time of erection, or which has a valid permit from the City, shall be permitted to
remain, except at such time as any of the events mentioned in subsections A or B of Section
17.52.020 occur.
B. The aggregate sign area of all ground signs on a site shall not exceed a total area equal
to one square foot for each four linear feet of street frontage of the site.
C. The aggregate sign area of all ground signs shall not exceed an area of one hundred
square feet.
D. The sign area for "V" shaped signs and signs with more than two faces shall include the
area of all faces of the sign. All other double-faced signs need only count the larger of the two
surfaces into the sign area.
See Appendix A-9, Example of How to Figure Size and Location of Ground Signs, on file in
the office ofthe City Clerk and the Planning Department, for example. (Ord. 1624, (part), 1993)
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Ordinance No. 06-1987
17.24.120 Ground Signs-Location.
The location of all ground signs shall meet the following criteria:
A. Every ground sign shall be located wholly on the property for which the use the sign is
advertising is located on.
B. No portion of any ground sign shall be located closer than one foot from the public
right-of-way.
C. No portion of any sign over three feet in height shall be located within a corner triangle
or sidewalk site triangle.
D. No ground sign shall be located closer than one hundred feet from any other ground sign
on the same property.
E. Ground signs located on interior lots having less than two hundred feet of frontage shall
be positioned within the center fifty percent of the lot frontage. Interior lots with more than two
hundred feet of frontage shall locate ground signs no closer than fifty feet from a side property
line. (Ord. 1624, (part), 1993)
17.24.130 Ground Signs-Information Contained.
A. The number oftenant names on a multi-tenant ground sign is limited to five. For multi-
tenant signs in a commercial district only, each tenant name shall not be less than six inches in
height with a minimum of four-inch space between tenant names. A shopping center or other
multi-tenant commercial development with a center name shall emphasize the name on the sign.
B. Street address numbers or the range of numbers for businesses shall be clearly displayed
on the ground sign for easy visibility by passing motorists. If no ground sign exists the street
address number or range shall be clearly displayed on the building. Street address numbers shall
be a minimum of five inches high as required by Section 16.04.050 of the Cupertino Municipal
Code. (Ord. 1655, (part), 1994; Ord. 1624, (part), 1993)
17.24.140 Ground Signs-Gasoline Service Stations.
Gasoline service stations are permitted one ground sign regardless of street frontage with the
following criteria:
A. The fuel price sign shall be incorporated into the gasoline service station ground sign
and be computed in the permitted sign area;
B. A second fuel price sign may be attached to the wall of the service station building
facing the public street in instances where a service station is not identified by a ground sign.
20
Ordinance No. 06-1987
The price sign shall be permitted in addition to any building mounted sign allowed for the site
under Section 17.24.050 of this chapter;
C. The number of product prices listed on the ground sign or wall sign display, shall not
exceed six per face. The letter size of the price display shall not exceed the minimum
specifications contained in Section 13532 of the California Business and Professions Code.
(Ord. 1624, (part), 1993)
17.24.150 Electronic Readerboard Signs.
Electronic readerboard signs are recognized as an important advertising device for larger
commercial retail centers, but may not be appropriate for all centers as an over proliferation of
these devices may have adverse effects on the community. The Planning Commission may
approve one electronic readerboard sign under the following criteria.
A. An electronic readerboard sign may only be approved for shopping centers which have
twenty tenants or more and a minimum of fifty thousand square feet of gross floor area.
B. The sign shall not be located closer than five hundred feet from any residential district
on the same street as the sign.
C. The background of the readerboard portion of the sign shall be the same color as the
primary background. Where this is not practical, a shade of the same color or a color which is
complimentary to that of the primary background may be considered.
D. The sign shall follow the design criteria as established in Section 17.24.180.
E. The electronic readerboard sign shall be regulated by the same height, size, and location
criteria as ground signs in commercial districts regulated by Sections 17.24.110, and 17.24.120.
F. Retail shopping centers with an electronic readerboard sign shall have restricted use of
special signs as required in Section 17.32.090. (Ord. 1624, (part), 1993)
17.24.160 Changeable Copy Signs.
Changeable copy signs in commercial districts shall be permitted only to the extent that they
conform with and are included in the total sign area permitted for a business in that district and
are deemed necessary to the type of merchandising required by the particular business. Such
signs shall consist of a permanent sign and symbols or letters made of plastic, metal or
computerized material approved by the Director. Chalk, crudely painted or other improvised
lettering shall not be permitted. (Ord. 1624, (part), 1993)
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Ordinance No. 06-1987
17.24.170 Freeway Orientation.
A. All signs located within a commercial, industrial, or office district and within six
hundred sixty feet of a "landscaped freeway," measured from the edge of right-of- way, shall be
oriented to the regular street system adjoining the property rather than to an orientation that is
exclusively visible from the freeway. Signs may be oriented to the freeway, subject to the
approval of the Planning Commission.
B. Signs must be intended for company identification purposes only, be building mounted,
and not exceed the size limitations for building mounted signs otherwise prescribed in this title.
Copy content for company identification purposes shall be kept as simple as possible to avoid
excessive clutter and to aid in the legibility of the sign's message.
C. On-site signs of a temporary nature, such as for sale or for lease signs, may be oriented
to the freeway for a limited period of time subject to the restrictions of Section 17.32.070.
D. Only one building mounted sign oriented to a freeway shall be allowed per business, or
per tenant in a building which is occupied by two 'or more tenants. However, not more than two
freeway-oriented building mounted signs shall be allowed on any single building or structure at
any time, notwithstanding the total number of tenants in the building or structure. Freestanding
signs shall not be allowed for freeway identification purposes.
E. In addition the regulations contained in this title, signs not exempted or excluded by
Section 5272 of the State of California Business and Professions Code shall be regulated by
the "Advertisers" chapter of that code. (Ord. 1624, (part), 1993)
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 ofthe sign. Low signs are generally more
appropriate on a base, whereas taller signs are generally more appropriate in a frame. (See
Appendix A-2, Examples of Well Proportioned Signs, Examples of Signs Not Well
Proportioned, on file in the office of 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. Each sign shall be compatible and compliment the architectural style ofthe building
with which it is principally associated, by incorporating its colors, materials, shape and design.
22
Ordinance No. 06-1987
The sign shall also be compatible with the aesthetic character of the surrounding developments
and neighborhood.
D. Background panels should be consistent in muted colors.
E. Sign copy shall be simple and concise, without excessive description of services or
products.
F. Wall signs shall not project above the eaves of the roof or top of parapet.
G. The sign's color and illumination shall not produce distraction to motorists or nearby
residents. (Ord. 1624, (part), 1993)
17.24.190 Illumination Restrictions.
A. Neon lighting, whether exposed or visible through any sign face, and used in any wall or
ground sign shall require approval by the Design Review Committee.
B. 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-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.
C. 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.
D. 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.
E. All exterior lighting shall be placed in a manner so that the light source will not be seen
from off the site. (Ord. 1624, (part), 1993)
17.24.200 Decorative Statuary.
Decorative statuary may be permitted in commercial, institutional, industrial and office
districts in conjunction with the overall architectural design of the building, the landscaping
scheme and the sign program for the business. The Design Review Committee shall make a
determination as to whether a structure is advertising statuary or decorative statuary, and shall
only approve decorative statuary which is made an integral part of the site design and theme of
the use or business. If the Design Review Committee determines that the decorative statuary is
considered fine art, the Design Review Committee may refer review ofthe decorative statuary to
23
Ordinance No. 06-1987
another commission. Decorative statuary that is not publicly visible is exempt from the
requirements of this section. (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)
17.24.220 Signs near Residences.
No sign other than those permitted in a residential district shall be located closer than one
hundred feet from any residential districts except if the sign surface is mounted in such a manner
so as not to be visible from any residence within one hundred feet of the sign. (Ord. 1624, (part),
1993)
17.24.230 Residential Districts-Name Plates and Street or Unit Numbers.
Each residential unit shall be permitted nameplates of two square feet or less and street or unit
numbers. (Ord. 1624, (part), 1993)
17.24.240 Residential Districts-Development Identification Signs.
Developments containing twenty units or more shall be permitted one identification sign
which shall not exceed five feet in height and shall be no greater than thirty-two square feet per
side. Such signs shall be placed adjacent to the major entry ofthe development. Projects having
frontage on more than one street shall be permitted one such entry sign on each street.
Identification signs shall contain only the name and address of the development. (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.
24
Ordinance No. 06-1987
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)
17.24.260 Summary of Regulations for Signs According to Districts.
Appendix A-3, Summary of Sign Regulations According to Districts, on file in the office of
the City Clerk and the Planning Department, summarizes general sign regulations according to
districts. (Ord. 1624, (part), 1993)
17.24.270 Beverage Container Recycling Signs.
A. A dealer of beverages sold in containers which is subject to provisions ofthe California
Beverage Container Recycling and Litter Reduction Act of 1986 may display one building
mounted single face sign not exceeding ten square feet in area which sets forth the information
concerning a certified recycling center, as described in Sections 14570 and 14571 ofthe Public
Resources Code. Such sign shall be allowed in addition to any other signs allowed for the dealer
in accordance with the provisions of this chapter.
B. Signs for certified redemption centers shall be subject to the limitations and review
procedures applicable to the zoning district in which the redemption center is located. (Ord.
1796, (part), 1998; Ord. 1624, (part), 1993)
CHAPTER 17.32: TEMPORARY SIGNS--REGULATIONS
Section
17.32.010 Temporary signs-Location.
17.32.020 Flags.
17.32.030 Garage sale signs.
25
Ordinance No. 06-1987
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 Temporary and special event signs and promotional devices.
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.
Additionally, 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.
B. Notwithstanding any provision to the contrary described in Section 17.32.010A above,
temporary signs may be placed upon the public right-of-way as prescribed in the subsection
below:
1. Shall only be located in the public right-of-way of a residential or institutional district, as
defined in this Title.
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.
26
Ordinance No. 06-1987
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 not be illuminated.
3. 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.
4. Shall maintain at least 36 inches of clear and continuous width along a sidewalk or
pathway plus any other area needed for handicapped accessibility.
5. 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.
6. 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.
7. The 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 17.32.01 OB, 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, S 1 (part), 2004;
Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993)
17.32.020 Flags.
A. Special-event flags and streamers may be permitted on a temporary basis in all
commercial districts in conjunction with a grand opening or special promotional activity. Flags
27
Ordinance No. 06-1987
will also be permitted in residential zones to identify model homes which are part of a new
development.
B. No special-event flag may be higher than twenty feet above ground level.
, C. No more than two flagpoles shall be permitted for each model home for a maximum of
one year.
D. The number of flags or streamers permitted for a commercial activity shall be subject to
the approval of the Director in conjunction with a comprehensive plan for the special-event
promotion. Flags and streamers may be permitted for a two-week period.
E. Special event flags or streamers shall be completely removed not later than five days
after the special event to which they pertain is scheduled and are otherwise governed by the
provisions of Section 17.32.090. (Ord. 1926, S 1 (part), 2004; Ord. 1796, (part), 1998; Ord.
1624, (part), 1993)
17.32.030 Garage Sale Signs.
A. Signs advertising a bona fide garage sale activity, as defined in Chapter 5.16 of the
Cupertino Municipal Code, shall be permitted which are less than eight square feet in area and
six feet in height. These signs are to be located on the property where the sale is being
conducted.
B. Three additional garage sale signs may be allowed in the public right-of-way in
accordance with the restrictions stated in Section 17.32.010. (Ord. 1926, S 1 (part), 2004; Ord.
1624, (part), 1993)
17.32.040 Temporary Political Signs.
A. Location. Notwithstanding any provision in this chapter to the contrary, temporary
political signs are permitted in all zoning districts of the city, require no permits or approvals
from the city, and are subject only to the following restrictions:
1. Like all other temporary signs, they are allowed in the public right-of-way pursuant to
Section 17.32.010A, B, and C;
2. Like all other temporary signs, they shall not be located on private property without the
oral or written consent of the property owner or other person entitled to possession of said
property;
3. Temporary political signs must be completely removed not later than five days after the
election to which they pertain. The city, pursuant to the provisions of Chapter 17.52 of this
28
Ordinance No. 06-1987
Municipal Code, may cause such signs remaining after expiration of the appropriate five-day
period to be removed;
4. Like all other temporary signs, if the Director of Public Works finds that any temporary
political sign otherwise permitted is an 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 of this
Municipal Code. (Ord. 1926, S 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997;
Ord. 1655, (part), 1994; Ord. 1624, (part), 1993)
17.32.050 Project Announcement Signs.
A. New projects under construction, including subdivisions of five units or more, may be
permitted signs which state the name of the project and/or the contractors and developers
involved with its construction. The signs shall be subject to the approval of the Director.
B. No more than two freestanding signs containing the name of the project, the owner,
address and telephone number, leasing information, dates of anticipated completion and a listing
of the contractors involved in the project are permitted for each project.
C. Each sign shall be no larger than thirty-two square feet per side and no taller than six
feet in height.
D. Project announcement signs may be permitted for a maximum of one year or until all of
the units are sold, whichever comes first. Extensions may be granted by the Director if the
project has not been completed. (Ord. 1926, S 1 (part), 2004; Ord. 1624, (part), 1993)
17.32.060 Residential Real Estate Signs.
A. Subject to the restrictions contained in Section 17.32.010, real estate signs shall be
permitted in all zones for the purpose of announcing house sales, rentals and open houses.
B. On-Site Requirements. Each parcel with a unit for sale or rent is permitted one sign per
street frontage, with a maximum of two signs per ,parcel. Only one sign may be building-
mounted. Each sign is limited to four square feet per side. Freestanding signs shall not exceed
six feet in height and shall be subject to the requirements stated in Section 17.32.010.
C. Off-Site Signs Announcing House Sales or Rentals. Signs located off-site announcing
house sales or rentals are subject to the same requirements as on-site signs as stated in Section
17.32.060B and Section 17.32.010.
D. Off-Site Open House Signs. Each parcel with a unit for sale is permitted a maximum of
six open house signs subject to the requirements stated in Section 17.32.010. (Ord. 1926, S 1
(part), 2004; Ord. 1886, (part), 2001; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993)
29
Ordinance No. 06-1987
17.32.070 Sale, Rent or Leasing Signs.
A. Sale, rent or leasing signs shall be permitted in all zones except residential zones. Signs
for residential zones are stated in Section 17.32.060 ofthis chapter.
B. The signs may include the name of the real estate agent or owner, the address, phone
number and any other pertinent information.
C. Each parcel shall be allowed to display one sale/rent/lease sign on each public street
frontage. Each sign face shall be limited to thirty-two square feet, with a maximum of two faces
per sign. Each sign shall be limited to a height of six feet. "V" shaped signs are prohibited.
D. A building mounted sale/rent/lease sign may be used in lieu of a freestanding
sale/rent/lease sign. One building mounted sign may be placed on each building elevation facing
an adjacent public street; provided, that a freestanding sale/rent/lease sign as described in
subsection C ofthis section is not displayed concurrently on that public street frontage. The sign
shall be restricted to thirty-two square feet of face area, and shall be located and displayed in
accordance with the provisions of Section 17.24.080 of this title regarding clearance, obstruction
and roofline line level.
E. Signs for purposes of sale, rent or lease shall be permitted for display off site. Display
of such off-site signs shall be confined to private property, subject to the approval and
cooperation of the property owner upon whose property the off-site sign is to be located. The
off-site signs shall be limited to one sign per street frontage, with a maximum of two signs per
off-site parcel. The off-site signs shall have a maximum of two faces, and shall not exceed
thirty-two square feet in area per face, nor exceed a height of six feet. The location of such off-
site signs is subject to Section 17.32.010.
F. (1) For sale/rent/lease signs may be installed up to thirty days prior to any tenant
vacancy.
(2) Immediately following the close of sale, rent or lease ofthe space or building the
sale, rent or lease sign shall be removed.
G. For sale/rent/lease signs may not reasonably obstruct the visibility of any permanent
ground sign. (Ord. 1926, S 1 (part), 2004; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993)
17.32.080 Subdivision Directional Signs.
A. Subdivision directional signs for developments within the city may be permitted in all
zones other than residential, to direct customers along the most direct route through the city.
Subdivisions not in Cupertino shall not be permitted subdivision directional signs.
B. A total of three such signs per subdivision shall be permitted within the city as
determined by the Director.
30
Ordinance No. 06-1987
C. Each sign shall not exceed six feet in height and thirty-two square feet in area and have
no more than two sign surfaces. "V" shaped signs are prohibited.
D. The signs may be permitted for a one-year period or until all units are sold by the
subdivision developer, whichever comes first. Extensions may be granted by the Director if the
project has not been completed.
E. The location of subdivision directional signs shall be subject to Section 17.32.010.
F. Applications for subdivision directional signs shall include a list of all other existing
signs for the same subdivision, indicating the sign surface area and street location of each sign.
(Ord. 1926, S I (part), 2004; Ord. 1624, (part), 1993)
17.32.090 Temporary and Special Event Signs and Promotional Devices.
The Director may issue a permit for temporary special event signs, banners, pennants or
balloons and promotional devices in all commercial, industrial, office or institutional districts
subject to all criteria set forth in this section.
A. 1. Each business may be permitted use of one temporary special event sign subject to the
tenant schedule in subsections C or D of this section. Each business may have the use of
temporary signs for a maximum of one hundred twenty days in a calendar year.
2. One additional temporary sign and one additional promotional device may be allowed
during the first year of operation for a new business entity for purposes of announcing the grand
opening of the business entity.
3. A portable freestanding temporary sign shall not exceed six feet in height and thirty-two
square feet per face, with a maximum of two faces. Portable temporary freestanding signs, such
as "A" frame or sandwich board signs, may not be set into the ground and must be removed at
the close of business each day.
4. A temporary banner shall be building mounted only, shall have only one face not
exceeding one hundred square feet in area, and shall be placed on the building in accordance
with the limitations specified in Section 17.24.080 ofthis title regarding clearance and roofline
level.
B. 1. Special promotional devices, such as large balloons or searchlights, may be approved
for a maximum three-day period or five days for grand openings, four times within a calendar
year, subject to the following:
a. Parking is not displaced;
b. The device is compatible with adjoining uses. Of major concern is proximity to
residential properties;
31
Ordinance No. 06-1987
c. The device is not located in a landscaped front setback area;
d. Tethered balloons used for special promotional purposes may not exceed a height of
twenty-five feet above the building where the special event is occurring;
e. Meets the tenant schedule in subsections C or D of this section.
2. The Director shall review a requested use of any special promotional device, such as
searchlights, hot air balloons, rides, traffic/parking directional signs within the public right-of-
way and the like, in relation to the type of activity and the appropriateness of the activity to the
surrounding neighborhood.
3. There is no specific limitation on the number of traffic/parking directional signs which
may be used on a site on the specific day of the special promotional or temporary event.
4. However, the Director shall review the number and placement of signs requested to be
placed in the public right-of-way, and may restrict the number and placement of such signs in
order to ensure that adequate sight distance and traffic safety clearances are maintained as
required in Section 17.32.010.
C. A temporary sign and center-wide event signs may be permitted in accordance with the
following schedule:
Number of Tenants Number of Signs
Permitted
3 tenants to 6 tenants --1 tenant display or I
center display
7 tenants to 13 tenants --1 tenant display + 1
center display
14 tenants to 20 --2 tenant displays + 1
tenants center display
21 tenants to 27 --3 tenant displays + 2
tenants center displays
28 tenants or more --4 tenant displays + 4
center displays
D. 1. Shopping centers with approved electronic readerboard signs shall only be allowed
building mounted banners.
2. Freestanding temporary or special event signs for individual tenants are not allowed.
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Ordinance No. 06-1987
3. 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
E. 1. Notwithstanding any provision to the contrary contained in this chapter, but subject to
any maximum duration regulations contained in this chapter, all special event temporary signs
must be completely removed not later than five days after the conclusion of the special event to
which they pertain.
2. The city, pursuant to Chapter 17.52 of this Municipal Code, may cause the signs
remaining after expiration of the appropriate five-day period to be removed. (Ord. 1926, S I
(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.
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 window pane.
C. 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. 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. 1796, (part), 1998; Ord. 1624, (part), 1993)
CHAPTER 17.44: SIGN EXCEPTIONS*
Section
17.44.01 () Authority.
17.44.020 Application and fee.
17.44.030 Design Review Committee review required.
17.44.040 Findings for an exception.
33
Ordinance No. 06-1987
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, S 1 (part), 2000; Ord. 1789, S 1 (part), 1998)
17.44.020 Application and Fee.
An application shall be made in writing to the Design Review Committee 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, S 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 application.
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 ofthe mailed notice, particularly
negative effects on nearby residential areas, the Director, in his discretion, may expand noticing
beyond the stated requirements.
34
Ordinance No. 06-1987
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, S 1 (part), 2000; Ord. 1789, S 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, S 1 (part), 2000; Ord. 1789, S 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, S 1 (part), 2000; Ord. 1789, S 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 same manrier as defined in Section 17.44.030. (Ord. 1789, S 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 ofthirty days, the exception will automatically become null and
void upon written notice from the Director to the property owner and/or tenant. (Ord. 1789, S 1
(part), 1998)
35
Ordinance No. 06-1987
17.44.080 Appeals.
A. Any person aggrieved by a decision of the Design Review Committee in the approval,
conditional approval, denial or revocation of an exception for a sign may appeal such a decision
in writing to the Planning Commission.
B. The appeals shall be made within fourteen calendar days ofthe Design Review
Committee meeting by means of a letter in writing to the Planning Commission stating the
gnevances.
C. The appeal shall follow the procedures as set forth in Chapter 19.136, except that
Planning Commission will make the final decision on the appeal. (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, S I (part),
2000; Ord. 1789, S 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.
17.52.050 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.
36
Ordinance No. 06-1987
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 which has been
constructed, erected, altered, relocated or 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 in relation to this title may be appealed by the Planning
Commission set forth in Section 17.52.090. (Ord. 1624, (part), 1993)
17.52.020 Nonconforming Signs.
A. A nonconforming sign, unless made to conform to the provisions of this title, may not
be structurally altered, expanded, moved, modified in any way, be reestablished after:
1. Discontinuance for ninety days or more; or
2. Damage or destruction of more than fifty percent.
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;
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; or
3. There is a change of face constituting fifty percent or more of the existing total sign face
area at anyone time; expansion, movement or modification of the sign. A change of face of a
single tenant name panel constituting less than fifty percent of the total existing sign face area in
a multi-tenant sign shall not constitute grounds for modification of a nonconforming sign.
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 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
37
Ordinance No. 06-1987
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 finds that any permanent 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 shall in writing inform the owner
and the tenant of the property on which the sign or structure is located that the sign or structure
must be 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 law.
B. If the Director finds that any temporary sign or advertising device is in violation of this
title or any other
pertinent ordinance of the City, the Director 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 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 shall cause it to be summarily removed. Upon removal, the Director shall give written
notice to the owner. (Ord. 1624, (part), 1993)
17.52.050 Storage of Removed Signs.
Any sign removed by the Director shall be stored in the City corporation yard and may be
claimed within sixty 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 sixty days after removal by the City, the City shall dispose of the
signs. (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)
38
Ordinance No. 06-1987
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 ofthe
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 to order the removal of a sign,
may appeal such order or decision to the Planning Commission.
B. The appeal shall be made in writing, accompanied by the same information, application
and fee required for other applications made to the Planning Commission.
C. Upon filing the appeal, the item shall be placed on the Planning Commission agenda and
reviewed in accordance with the adopted procedures ofthe Planning Commission.
D. The decision by the Planning Commission shall be final unless appealed in the same
manner as required in Section 17.44.080. (Ord. 1624, (part), 1993)
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
19th day of September, 2006 and ENACTED at a regular meeting of the City Council of the City
of Cupertino the 3rd day of October 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Wang, Kwok, Mahoney, Sandoval
None
None
None
ATTEST: r
~~--:L
City Clerk
APPRY:;;::
~ ,
Mayor, City of Cupertino
39