Ordinance 1623.. i
1
•
ORDINANCE NO. 1623
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 2.48.020A AND RESCINDING SECTION 2.48.OZOF
AND SECTION 2.48.020G OF THE CUPERTIIVO MUNICIPAL CODE,
DEPARTMENT ORGANIZATION
THE CITY COUNCII. OF THE CITY OF CUPERTINO HEREBY ORDAINS
that Section 2.48.020F and Section 2.48.020G are racinded and Section 2.48.020A shall
read as follows:
2.48.020
A Departmrnt of Administrative Services
1. Thin department shall consist of the following divisions:
a. City Clerk Division. This division shall be charged with
the duties and rapoaaibilities of a City Clerk as set forth by
State statute and Chapter 2.20 of the Municipal Code.
b. Finance Division This division shall be raporuibie far the
day-today processing of fiscal records. the preparation of
financial statemrnts and the annual operating budget, the
courpilatian of fiscal data from which a capital improvo-
menu budget may be constnuted, and the preparation of
other statistical and fiscal analysis.
c. General Services Division This division shall be responsible
for code enforcement, persormel, disaster preparedness, risk
management and special projects.
2. The Director of Administrative Services shall be head of this
departrrrrnt, with the City Cleric being responsible fa the activities
within the City Cleric Division, the finance offteer being epponsible
far activities within the Finance Division, and the genera! services
manages being epponsible fa activities within the General Services
Division
3. The Director of Administrative Services also shall be appointed
Trrasur+er and also shall act as ex-officio auessor and shall assess
and collect all city taxes save and except for those collected by state
and county offices for Wes city.
This adittanoe shall become effective July 1,1993.
! •
ORDINANCE NO. 1623
INTRODUCED at a regular mating of the City Council of the City of Cupertino
this 6th day of tfav , 1993, and ENACTED at a regularmxting of the
City Council of the City of Cupertino this 17th day of ~Y .1993,: by the
following vote:
yg~ Members of the City Council
AYES; Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/"
Mayor, City of Cupertino
ATTEST:
s ' ~ ~~
City elk
r
Ordinance No. 1614 •
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING TITLE 17, SIGNS, OF THE
CUPERTINO MUNICIPAL CODE
The City Council of the City of Cupertino does hereby ordain that Title l7 of the Cupertino Municipal Codc is
amcndcd to read as follows:
SIGNS
Chapters:
17.04 General Provisions
17.0$ Definitions
~ 17.12 Administrative Procedures
17.16 Ezempt Sims
17.20 Prohibited Siena
17.24 Sign Reeulations
17.32 Temporary Signs - Regulations
17.44 Ezceptioas
17.52 Compliance and Enforcement
17.54 Severability
1
. Chapter 17.04 •
GENERAL PROVISIONS
Sections:
17.04.010 Short Title
17.04.020 Purpose and Intent
17.040.010 Short Title
Ordinance 1624, codified in Chapters 17.04 through 17.34 of this title, shall hereafter be imown and cited as the
"Sign Ordinance."
17.04.020 Purpose and Intent
A. The City of Cupertino is a suburban community interested iu 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 busiru~ses 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 depemda-t. A good
sign program will provide information to the public concerning a particular business or use and will save 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 necessary competition;
3. [nsure the public safety;
4. Increase the convenience of the citizen; and
3. Maintain the iderrtification 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 harrtaty of signs as they relate to building design and surrounding
landscaping;
2. Provide regulations of sign sizc, height, and quantity which will allow for good visibility for the public and
the noels 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 canpatible with the building, siting, and the land uses the signs are
intended to identify;
4. Provide for mair-tenance of existing signs and a program for bringing nonconforming sigru into canfomrance
with the standards of this title as changes are made to the signs or businesses; and
3. Provide procedura which will facilitate the efficient processing of sign applications.
6. Provide design criteria which will promote attractive and effxtive signs for Cupertino raidents, businesses,
employees, and visitors.
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Chapter 17.08 •
DEFINITIONS
Sections:
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 permattent 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, but excluding electronic
readerboard signs and signs which display the current time or temperature.
"Architectural projection" means arty permanent extension from the structure of a building, including the
likes of canopies, awnings ark 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 rightof--way.
"Changeable copy sign" means any sign, or portion thereof, which provides for easy 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, wlor, background, or message.
"Commercial d'utrict" means an area of land designated for cortuneroial use in the cursertt Cupertino Grncrsl
Plan.
"Community organization" meant a non-profit organization based in the city of Cupertino and whose
activities benefit the City, its residents, empbyoa, or businessr- !,,.ated therein.
"Corner lot" means a lot situated at the intersection of two or more stretts, or boundod on two or more
adjacent sides by street lutes.
"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~. Unobstructed views over these areas
arc essential to the public safety for bicyclists, motorists and pedestrians. (See ~lppendtx A-5 and A-6 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" mans any sign which primarily displays directions to a particular area, location or site.
"Director" means the Director of Community Development for the City of Cupertino or any authorized
representative thereof.
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"Directory sign" means any outdoor listing of occupants of a building or group of buildings.
"Electronic readerboard sign" means an electronic sign intended for aperiodically-changing advertising
message.
"FIaE" mean any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a
symbol of a governrnent, political subdivision, or other entity.
"Flag lot" rtteams 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 mteasurerr-ertt of the brightrkss of light transmitted through or reflected from an
~ objector surface.
"Freeway" trteans any public roadway so designated by the State of California. All freeways in the City arc
considered "l.attdscaped Freeways".
"Freeway oriented siPn" means any sign which is located within 660 feet and visible from a freeway right-of-
way as defined by Section 5200 of the California Business and Profixsions Code.
"GaraEe sak siQrta" rrKatts any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of
the Cupertino Municipal Code.
"Gasoline urvice station" means any place of business which offers for sale any motor vehicle fuel to the
public.
"Ground siPn" rtteans arty sign petmattently affixed to the ground and not supported by a building swcturc.
"Identification sign" means arty sign whose sole purpose is to display the name of the site and the names of the
occupants, their products or their services.
"lllepal sign" means any sign or advertising statuary which was tent lawfully erected, tnaintaitted, or was twt in
conformance with the provisions of this title in effect at the tithe of t}x erection of the sign or advertising statuary or
which was not installed with a valid permit fran the City.
"Illuminated siPn" means arty sign utilizing an artificial source of light to enhance its visibility.
"Industrial district" means all ML districts and any other zoning classifications which ate consistent with the
industrial designation of the Cupertino Gertcral Plan.
"Informational siQtt" trteans arty sign which ptomctes rm products or services, but displays service or general
information to the public, including the likes of boon of operation, rest room idetttificatioru 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 ate censistent with the institutional or quasi-public designation of
the General Plan.
"Interior lot" tnearts a lot other than a corner lat.
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"Nonconforming sign" many sign or advertising statuary which w~gally erected and had obtained a
valid permit in conformance «ith the ordinance in effect at the time of the erection of said sign but which became
nonconforming due to the adoption of the ordinance codifi~xi in this title.
"Obsolete sign" means any sign which displays incortect or misleading information, promotes products or
services no longer available at that site or identifies departed occupants.
"Offsite sign" rtuaru any sign not located on the premises of the business or entity indicated or advertised by
said 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 desigrrated for offices on the General Plan.
"On-site siYrr" tt>cans a sign directing attention to a busit~ss, commodity, service or entertairutratt 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" tneans a temporary sign which encourages a particulaz vote in a scheduled election and is
posted prior to the scheduled election.
"Portable sigrt" means any sign not pemtartatdy attached to the ground or a structure on the premises it is
intended to occupy. 71tis definition shall include A-frame signs, sandwich signs and any other advertising structure
so defined.
"Project announcement sign" means any temporary sign which displays infortttation pertinent to a current or
future site of consUuction, including tlu likes of the project rrartte, developers, owners and operators, completion
dates, availability and occupants.
"Projecting sign" means arty sign other than a wall sign which is attached to and projects from a structure or
building face or wall.
"Real estate aiQrr" rtteans a temporary sign indicating that a particular premises is for sale, lease or rent.
"Residential district" meatu the Rl, RI•IS, R2, R3, R1C, A, and AI zoning classifications which are
consistent with the residrntial designation of the Cupertitro General Plan.
"Roof siEn" trteans a sign erected between the lowest and highest points of a roof.
"Shopping center" means a retail entity encompassing three (3) or trare tenants within a single building or
group of buildings, but within which individual busir~sses located in defittod tenant spaces are owned and rttattaged
separately from the shopping center tnanagemeat.
"Sidewalk site triangle" is a triangular shaped area described in Cupertirto Standazd Detail 7-6. (See
Appendix A-7)
"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~an individually lettered sign without back~und is mcasur~ by enclosing the
entire sign with a set of parallel vcrUCal 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 of the border or background.
The necessary supporu and uprights, or the base on which such sign is placed, shall be excluded from the sign arcs.
tYhen a sign is separated by thirty six (36) 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 assessors parcel map,
which constitutes one (I) 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 which displays only the street address number{a) 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 righbof--way or limited seeps roadway or
freeway.
"Temporary sign" means any sign displayed for infrequent and limited time periods.
"Trim" means the molding, batter, tappings, nailing strips, lattice and platforms which are attached to the
sign.
"V shaped Signs" rtteans any sign consisting of two vertical facts, 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 which is attached, erected or painted on the exterior wall of a building with the
exposed face of the sign parallel to said wall.
"Window sign" means any sign displayed in or painted at a window facing a public street, parking lot,
pedestrian playa or walkway accessible to the public. Displayed in means a sign which is clearly intended to be
visible from an adjacent street.
• Chapter 17.12 •
ADMINISTRATIVE PROCEDURES
Sections:
17.12.010 Conformity with Provisions Required
17.12.020 Permit -Required
17.12.030 Sigrrs 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 BuildiaE Division -Installation Information
17.12.090 Appeals and Esceptiom
17.12.100 Inspection Requirements
17.12.110 Summary of Application Approval Process
17.12.120 Revocation of Sian Approval -Authority
17.12.130 Grounds for Revoutioa
17.12.140 Hearings -Notice
17.12.010 Conformity with Provisions Required
(t is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless rttade to comply with the
provisions of this title.
17.12.020 Permit -Required
All signs which are not exempt 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 (30) calendar days 6rom receiving an
application for a sign.
17.12.030 SiQrts Requiring Planning Commission Review
Electronic readerboard signs, freeway oriented sigru, decorative statuary and exposed noon lighting usod in wall
or ground signs shall require approval from the Planning Commission prior to the Director issuing a sign permit.
Permitted neon window signs do rta require Planning Commission approval. Tn 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.
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 foes by
the Director and shall be signed by the property owner or a duly authorized agent. Said 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 infomtation as may be deemed
necessary by the Director.
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 of the use permit for the entire project in order that the design of the signs be taken into
consideration at the time of azchitectural and site planning..
17.12.060 Application - Revitw Criteria
The Director or the Pia»rting 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 arty special conditions imposed in the dcvclopmcnt
by the Planning Commission, or City Council; and
B. That the proposed sign's color and illumination is rtot in conflict with the safe flow or traffic on the City streets.
1.7.12.070 Sign Modification -Authority
The Director 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 Sections 17.12.060.
17.12.080 Permit - Issuancs by Building Division -Installation Information
Upon approval by the Director or Planning Cotntnission, as the case tnay 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.
17.12.090 Appeab and Exceptions
Those applicants who wish to appeal a decision by the Director or a decision of the Planning Commissoa- or
who wish to apply for an exceptiat shall do so antler the provisions of Chapters 17.44 or 17.32 of this title.
17.12.100 Inspection Requiremenb
A. A person erectimg, 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 sha11 Gave the authority to review the light intatsity of all illuminated sigtu
wdth the power to require reduction of the light intensity ro ensure that the sign's illumination does not oxeerd the
illumination standards as regulated by Section 17.24.190.
17.12.110 Summary of Application Approval Process
Appendix A-l sutrttttarizcs the application approval proceu.
17.12.120 Revocation of Sign Approval -Authority
The Director has the authority to revoke arty sign approval originally issued by him/her. The Planning
Cotrtmission has the authority to revoke any sign approval issued by it.
17.12.130 Grounds for Revocation
Any sign approval tray be revoked on the basis of ate or trwre of the following grounds:
A. Fraud or misrepresentation by the applicant with respect to any information amtained in his or her approved
application or with respect to any other information provided to 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 (1) year of its issuance.
D. Abandonment of the sign for a penal of thirty (30) days.
17.12.140 Hearings -Notice
Prior to revocatioq the Director or the Planning Ctmtmission, as the case tttay be. shall hold hearings after
written notice is provided to the applicant
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.,,
Chapter 17.16
EXEMPT SIGNS
Sections:
17.16.010 Certain Signs Ezempt from Permit Requirements
17.16.010 Certain Signs Ezempt from Permit Requirements
The following signs do not require a permit from the City, Providing they cwrtply with the following
regulations:
A. Directory signs. Directories located within the interior of a projoct which are not oriented to a public street;
B. Garage Sale Signs. Garage salt signs subject to the limitations in Section 17.32.030 and Chapter 5.16 of the
Cupertino Municipal Code;
C. Govemmental Signs. Governmental sigru 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 arc
Icss than twro (2) square feet in area, located on portiom 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 (4) square fed in atra;
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 salelfor leasdfor raft signs, subject to the limitations in Section
17.32.060;
1. Sale, Rent or Leasing Signs. Sale, rent, or leasing sign subject to the limitations in Section 17.32.070.
1. Street Address Numbers. Address numbers in all districts, providing thry are not rtrearrt as an advertising
mechanism;
K. Symbols or Insignias. Symbols and 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 intcm311y illuminated, and do not exceod four (4) square fed in area; and
L. Window Sigru. Window sign subject to the limitations in Sections 17.24.090 and 17.32.100. One (1)
"OPEN" sign not exccoding two (2) square fat and of any material may be placed in a window without penalty
towards window coverage limitations.
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• Chapter 17.20 •
PROHIBITED SICNS
Sections:
17.20.010 Prohibited Signs Designated
17.20.010 Prohibited Signs Designated
The following sign are not pemtitted in the City of Cupertino:
A. Advertising statuary.
B. Animated Signs. Animated sign except for banner, flags. pennants and balloon pemtittod on a
temporary basis as regulatod in Chapter 17.32, and electronic readerboatd signs as permitted in Sections
17.24.150;
C. Audible Signs. Advertising displays which emit audible sound, odor or visible matter;
D. Oli site Signs. Any oH'-site sign except a~ may be pemtitta! 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~trol device or with the safe and efficient flow of traffic; and
H. Vehicle Signs. The parking of any vehicle or trailer, on either public or private property which is visible
from a public right-0f--way, which has affixed to it a sign which is intended to attract or direct customer to a
business on or near the property is prohibited. This subsection is not intendod to apply to standard advertising or
idartification practices where such advertising displays are painted at or pemrancntiy attached to a business or
comrr~roial vehicle which is actively being used by the busiruss unless said vehicle is in violation of the parking
ordinance.
i~
• Chapter 17.24 •
SIGN REGULATIONS
Sections:
17.24.010 Intent and Applicability of Provisions
17,24.020 Sign Program: Required when
17.24.030 Sign Program: Information Required
17.24.040 Signs in Special Planning DistriMs
17.24.050 Wall Signs: Number of Signs Permitted
17.24.060 Wall Signs: Size
17.24.070 Wall Signs: Office and Institutional Districts
17.24.080 Projecting Signs
17.24.090 Permanent Window Signs
17.24.100 Ground Signs: Number of Signs Permitted
17.24.110 Ground Signs: Size
17.24.120 Ground Signs: Location
17.24.130 Ground Signs: Information Contained
17.24.140 Ground Signs: Gasoline Service Stations
17.24.150 Electronic Readerboard Signs
17.24.160 Changeable Copy Sims.
17.24.170 Freeway Orirntation
17.24.180 Design Criteria
17.24.190 Illumination Restrictions
17.24.200 Decorative Statuary
17.24.210 Obstruction Prohibited
17.24.220 Signs Near Residences
17.24.230 Residential DistricU: Name Plates and Street or Unit Numbers
17.24.240 Residential Districts: Development Identification Sigm
17.24.250 Construction and Msintemartce Specifications
17.24.260 Summary of Regulation for Signs According to Districts
17.24.010 Intent and Applicability of Provisions
The regulations in this chapter arc intended to govern the number, sine, location and design of sign withir-
various land use districts of the City.
17.24.020 Sign Program: Required when
A. All developments in a commercial, office, industrial, institutional, or tesidemial 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 of the initial cotutruction of a new project.
Existing developments in the City which do not have a comprehensive sign program shall be tequircd 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.
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;
-1
D. An accurate indication of cac~rescnt and future signs not exempt by this~inance; and
E. Specifications for consistency among all signs with regard to:
Color scheme;
Sign type (individual channel letters, can sign, wood signs, etc.);
Lighting;
Location of each sign on the buildings;
Materials; and
Sign proportions.
Any other pertinent infomtation as required by the Director.
17.24.040 Signs is Special Planning Districts
Any business regulated by the Monts Vista Design Guidelines or any area regulated by a apaific plan shall be
subject to the sign regulations contained within those plans.
17.24.050 Wall signs: Number of Sigm Permitted
A. Except for residential districts, each business with exterior frontage shall be permitted one (1) wall sign.
B. One (1) additional wall sign shall be permitted under any one of the following circumstances, provided there is
no more than one (I) wall sign on each side of the building:
1. For businesses which do rtot have a ground sign and the business is adjacent to more than one (1) street; or,
2. The sign is directed to the interior of the project and rtot visible from a public right~of--way.
17.24.060 Wall Signs: Commercial and Industrial Districts
A. In retail commercial or industrial districts, wall signs shall ruX exceed one (1) square foot of sign area per ate
(I) foot of the store frontage on which the sign is located. The length of the sign shall not excced seventy percent
(70%) of the store frontages Each business shall be allowed a minimum twenty (20) square foot sign. No wall sign
shall be greater than two hundred (200) square feet in area.
B. The maximum height of a wall sign is regulated by the following criteria:
l . Eighteen (I8) inches for signs set back fifty (50) feet or less.
2. Twenty-four (24) inches for signs set back more than fifty (50) feet.
3. Twenty-four (24) inches for businesses with 5,000 square feet or more regardless of the setback.
4. Thirty-six (36) inches for businesses with 10,000 square fat or more and set back one hundred (100) feet or
more.
5. Fortytight (48) inches for businesses with 20,000 square fat or more and set back one hundred (100) fee[
or more.
Sa Appendix A-8 for example.
C. Wall Signs which are internally illuminated shall be desigrud in a manner so that the light source is rrot directly
visible. Neon lighting used in the lettering design or accent of any wall sign shall require approval from the
Planning Commission.
17.24.070 Wall Signs: Office and Institutional Districts
A. Signs for businesses in an office or institutional district shall not exceed are (1) square foot of sign area per
one (1) linear foot of frontage. Further, each sign shall not exceed forty (40) square foes and shall not exceed
seventy (70%) percent of the frontage the business occupies in the building.
B. The maximum height of a wall sign in an office or institutiaial district is eightan (18) inches. Wall signs set
back from the property line more than fifty (50) felt are permitted a sign height of tw~ertty-four (24) inches.
17.24.080 Wall Sign Location
A. Wall signs shall not project above the roof line 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 (6) feet from a building.
C. No projecting wall sign shall extend into a public rightof--way more than hvelve (12) inches. Any projecting
sign shall have a vertical clearance of at Icast fifteen (15) feet above a private or public vehicular roadway, alley,
driveway or parking area, and at least eight (8) feet above a sidewalk, pedestrian mall or landscaped area.
D. A wall sign which is an intes~~pan of the face of an architectural projcc~shall not project beyond the face
of the architectural projection more than two (2) feet.
17.24.090 Permanent Window Signs
A. Permanent window signs, including non 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 (25%) of the window surface.
C. Each business in a commercial district may be pertttitted neon signs totaling not more than four (4) square fcet.
Use of neon window signs does not require Planning Commission review.
D. One (l) "OPEN" sign not exceeding two (2) square feet may be permitted without penalty to the allowable
window coverage.
17.24.100 Ground Signs: Number of SiQtts Permitted
Except for residential districts, each site meeting the following criteria shall be allowed one (1) ground sign.
A. The site has a minimttm of one hundred (l00) feet of frontage with a combination of street frontage and
building setback totaling one hundred fifty (1 SO) feet. For sites located on a comer the sign
must be located on the street frontage of the site's address.
B. Sites with over five hundred (500) feet of frontage may have one (1) additional sign. A development consisting
of two (2) or more businesses in one (l) building or a single site with more than one (1) building shall provide for
common usage of the sign.
17.24.110 Ground Signs: Siu
A. Each ground sign allowed within the City shall be limited to eight (8) feet in height. The height of a ground
sign shall be detertttina! by measuring from the grade of the adjoining closest public sidewalk to the highest portion
of the sign, including the trim.
B. The aggregate sign area of all ground signs on a site shall not excesl a total area equal to one (1) square foot
for each four (4) linear feet of street frontage of the site.
C. The aggregate sign area of all ground signs shall not excced an area of one hundred (100) square foot.
D. The sign area for "V" shaped signs and signs with more than two (2) faces shall include the area of all faces of
the sign. All other double faced signs need only tarot the larger of the two (2) surfaces into the sign area.
Sue Appendix A-9 for example.
17.24.120 Ground SiYrts: Location
The location of all ground sigm shall meet the following criteria:
A. Every ground sign shall be located wholly on the property for which the ttse the sign is advertising is located on.
B. No portion of any ground sign shall be located closer than Otte (1) foot from the public right-of--way.
C. No portion of any sign over three (3) feet in height shall be lacatai within a comer triangle or sidewaUc site
triangle.
D. No ground sign shall be located closer than one hundred (100) feet from any other ground sign on the same
ProPertY•
E. Ground signs located on interior lots having less than two httrtdred (200) feet of frontage shall be positioned
within the center fifty percent (SO%) of the lot frontage. Interior lots with more than two hundred (200) feet of
frontage shall locate ground sigta no closer than fifty (50) feet from a side property lint.
17.24.130 Ground Signs: Information Contained
A. The number of tenant names on amulti-tenant grated sign is limits! to five (5). Each tenant name shall not be
Icss than six (6) inches in height with a minimttm of a four (4) inch space between tenant names. A shopping
center or other multi-tenant commercial development with a center narr-e 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 tro ground sign exists the street address nttmber or range shall be clearly
l3
displayexf on the building. Str~address numbers shall be a minimum of~c (5) inches high as required b}
Section 16.04.050 of the Cupertino Municipal Code.
17.24.140 Ground Signs: Gasoline Service Stations
Gasoline service stations arc permitted one (1) 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 strut in
instances where a service station is not identified by a ground sign. The price sign shall be permitted in addition to
any building mounted sign allowed for the site under Seuion 17.24.050 of this Chapter.
C. The number of product prices listed om the ground sign or wall sign display, shall not exceed six (6) per face.
The letter size of the price display shall not exceed the minimum specification contained in Section 13532 of the
California Business and Professions Code.
17.24.150 Electronic Readerboard Signs
Electronic readerboard signs arc recognized as an important advertising device for larger commercial retail
centers, but may not be appropriate for all centers as art over proliferation of these devices may have adverse effects
on the community. The Planning Commission may approve one (1) electronic readerboard sign under the following
criteria.
A. An electronic readerboard sign may only be approved for shopping center which have twrnty (20) tenants or
more and a minimum of fifty thousand (50,000) square feu of gross floor area.
B. The sign shall not be located closer than five hundred (500) feu 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 princary background.
Where this is not practical, a shade of the sarrce 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 Seuion 17.24.180.
E. The electronic rcaderboard sign shalt 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 eleuronic rcaderboard sign shall have restricted use of special signs as required
in Section 17.32.090.
17.24.160 Changeable Copy SiYres
Changeable copy sign in conurceroial districts shall be permitted only to the extrnt that they conform with and
are included in the total sign area permitted for a business in that district and are dcemed necessary to the type of
merchandising required by the particular btuitcess. Such signs shall consist of a pemcanact sign and symbols or
letters made of plastic, metal or canputerizod material approved by the Director. Chalk, crudely painted or other
improvised lettering shall nu be permitted.
17.24.170 Freeway Orientation
A. All signs located within a txxnmereial, industrial, or offrce district and within six hundred sixty (660) fcet of a
"landscaped frcevvay", measured from edge of right of way, shall be oriented to the regular strcet systan adjoining
the property rather than to an orientation that is exclusively visible from the firoeway. Signs may be oriented to the
freeway, subject to the approval of the PLutrting Commission.
B. Signs must be intended for canpany identification purposes only, be building mounted, and root exceed the size
limitations for building mounted signs otherwise prescribed in this title. Copy contact for cort-pany identification
purposes shall 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 orirnted to the freeway for a
limited period of time subject to the restriction of Section 17.32.070.
D. Only one (1) building mounted sign oriented to a freeway shall be allowed per business, or per tenant in a
building which is occupied by hvo (2) or more tacarcts. However, not more than two (2) 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.
14
E. In addition to the rcgutatior>~ntaine in this title, signs not exempte~xclude by Section 5272 of the
State of California Business and Professions Code shall be regulate by the "Advertisers" Chapter of that code.
t 7.24.180 Design Criteria
Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines
arc needed in order to maintain the City's high quality appearance. 'Ilse 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 fiarrte or base shall be proportionate to the siu
and weight of the sign. Low signs are generally more appropriate on a base, whereas taller signs arc generally more
appropriate in a fran-e. (Sce Appendix A-2 for examples)
B. Ground signs shall be located within a landscaped area proportionate to the siu of the sign. Appropriate
landscaping should be placed at the base of the sign.
C. teach sign shall be compatible and compliment the architectural style of 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 should be consistent in muted celors.
E. Sign copy shall be simple and cortcisc, 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 motorist or nearby residents.
17.24.190 Illumination Restrictions
A. Exposed neon lighting used in any wall or ground sign shall require approval by the Planning Commission.
B. The intensity of illumination for signs located within the corrtrttercial, office and industrial districts shall not
cxcee approximately two hundred fifty (250) foot-lamberts. All other districts slt,tll not exceed approximately one
hundre (100) foot-lamberts. The foot-lambert readings shall be used az a guide by staff to evaluate sight which
are deemed to be a problem to passing motorists or residenu in the surratnding neighborhood.
C. The color and thickness of the sign panels az well as the brightness of the bulbs used to illuminate the sign shall
be designed in such a manner as to avoid excessive illuminatiom and glare.
D. Illuminated signs which are not a necessary part of the security lighting system for a busiress shall be tamed
off at eleven p.m. or within two (2) 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.
17.24.200 Decorative Statuary
Decorative statuary may be permitted in corttrrtercial, institutional, industrial and office districts in catjunction
with the overall architectural design of the building, the landscaping scberne and the sign program for the business.
The Planning Commission shall make a detemtirtation az 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.
17.24.210 Obstructions Prohibited
No sign or other advertising structure shall be erected, relocated or maintained so az to prevent firoe ingress to
or egress from any door, window, fire escape, driveway, sidewalk or bike path.
17.24.220 Signa Near Residences
No sign other than those permitted in a residential district shall be located closer than one hundred { 100) feet
from any residential districts except if the sign surface is mounted in such a manner so az not to be visible from
any residence within orte hundred (100) feet of the sign.
17.24.230 Residential Districts: Name Plata and Street or Unit Numbers
Each residential unit shall be permitted name plates of two (2} square fed or less and strcet or unit numbers.
15
17,24.240 Residential Di~ts: Development Identification Signs •
Dcvclopmenu containing twenty (20) uniu or more shall be pcnnittcd one (1) identification sign which shall not
exccal five (S) feet in height and shall be no greater than thirty two (32) square fiat per side. Such signs shall be
placed adjacent to the major entry of the development. Projecu having frontage on more than one (1) streEt shall be
permitted one (1) such entry sign on cash strcet. Identification signs shall contain only the name and address of the
development.
17.24.250 Construction and Maintenance Specifiations
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 coustrttcted of non-cwnbustible materials, be approved by
Underwriters Laboratory (UL), U.S. Burau of Standards, or other similar institution of recognized standing, and
be maintairud in satisfactory condition or be irrmtedistely repaired or replacod.
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 visibla to the observer.
E. No sign shall be suspended by chains or outer devicxs that will allow the sign to swing due to wind causing
wear on supporting martbers.
F. All signs shall be maintained in safe, unbrokat, and structurally sound trtartner, including the replacuttent 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.
17.24.260 Summary of Regulation for Sisrts According to Districts
Appendix A-3 summarizes general sign regulation atx:ording to districts.
16
• Chapter 17.32
TEMPORARY S[GNS -REGULATIONS
Sections:
17.J2.010 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 Sigm
17.32.080 Subdivision Directional Sign
17.32.090 Temporary Special Event Signs and Promotional Device
17.32.100 Window Signs
17.32.110 Summary of Regulations for Temporary Signs
17.32.120 Beverage Container Recycling Signs
17.32.010 Temporary Signs: Location
A. Unless otherwise specified, all temporary signs shall be locaud entirely on the site for which the use is
advertised subject to Sections 17.24.080 and 17.24.120.
B. No signs shall be placed on any public utility pole, equipment or structure.
C. Where off-site signs are permitted the following criteria arc required unless otherwise specified:
1) Each siga is limited to four (4) square fed per side;
2) Off-siu signs shall not be located on private property without writtrn consent of the property owner; and
3) Signs shall ~ in any way restrict the sak vision of any vehicular or pedestrian traffic or obstnrct any
public directional or sakty sign or other sign permitted by the City. Signs over three (3) feet in height shall
not be located within a corner triangle or sidewalk site triangle. Signs shall not be located in a street,
median, island, shoulder, drainage Swale, sidewalk, bike laru, curb, gutter, or bike path. As a general rule,
off-site signs may be placed in lar-dscaped areas adjacent to public sidewalks.
17.32.020 Flags
A. Special vent flags and streamers may be pemtitted on a temporary basis in all carunereial districts in
conjunction with a Brand opening or special pranotional activity. Flags 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 (20) felt above ground level.
C. No more than two (2) flag poles shall be permitted for each model home for a maximum of ate (1) year.
D. The number of flags or streamers permitted for a commercial adiviry shall be subject to the approval of the
Director in cmjunction with a comprehensive plan for the specialtvent promotion. Flags and streamer may be
permitted for a two (2) wetk period.
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 (8) square feet in area and six (6) feet in height. These signs are to be
located on the Property where the sale is being conducted subject to the restrictions stated in Subsections 17.32.010
A and 17.32.010 B.
B. Throe (3) additional off-site signs tray be permitted subject to the restrictions stated in Subsections 17.32.010
B and 1732.010 G:
C. Garage sale signs may be posted twenty-four (24) boon prior to the event, but must be removed by sunset the
last day of the sale.
D. No approval is required for such signs; however, the time limits of the sale shall be subject to Chapter 5.16 of
this Municipal Code.
17
17.32.040 Temporary Po~al Signs •
A. Location. Temporary political signs shall be permitted in all zones of the City including public rights-of--way
within the City of Cupertino subject to the restrictions stated in Section 17.32.010.
B. Duration and Removal. A temporary political sign may be erected not more than ninety (90) days prior to the
day of the election to which it relates, and shall be completely removed not later than twelve (12) days after the date
of such election. Notwithstanding the preceding time provision, if the Director finds that any temporary political
sign othcrw~se permitted is an immediate peril or menace to pedestrian or vehicular traffic, or to the health or safety
of any person, the Director may cause it to be summarily removed.
17.32.050 Project Announcement Sigrts
A. New projects under construction, including subdivisions of five (5) units or more, may be permitted signs which
state the name of the project and/or the ca-tractors and developers involved with its construction. Such signs shall
be subject to the approval of the Director.
B. No more than two (2) 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
arc permitted for each project.
C. Each sign shall be no larger than thirty two (32) square feet per side and no taller than six (6) fcet in height.
D. Project announcernertt signs may be permitted for a maximum of one (1) 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.
17.32.060 Residential Rea! Estate Sim
A. 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 pazcel with a unit for sale is permitted one (I) sign per street frontage, with a
maximum of two (2) signs per parcel. Only one (I)sign may be building mounted. Each sign is limited to four (4)
square feet per side. Freestanding signs shall nM exceed six (6) feet in height and shall be subject to the
requirements stated in Section 17.32.010.
C. Off-site requirements: Each pared with a unit for sale is permitted a maximttm of three (3) open house signs
subject to the requiremrnts stated in Sectiat 17.32.010.
D. All open houst signs shall be removed by sunset.
17.32.070 Sale, Rent or Leasing Sigrts
A. Sale, rent or leasing signs shall be permitted in all zones except raidential zones. Signs for residrntial zones
are stated in Section 17.32.060 of this chapter.
B. Such signs may include the reams of the real estate agent or owr~r, the address, phone nttmber and any other
pertinent information.
C. Each parcel shall be allowed to display ate (1) sale/rent/lease sign a- each public street frontage. Each sign
face shall be limited to thirty-two (32) square felt, with a maximum of two (2) faces per sign. Each sign shall be
limited to a height of six (6) feet. "V" shaped signs are prohibited.
D. A building mounted salelrettt/lease sign may be used in lieu of a freestanding saldrent/lease sign. One (1)
building mounted sign may be placed on each building elevation facing an adjacent public street; provided, that a
freestanding salelrentllease sign as described in Subsection C of this section is not displayed concurrently en that
public street frontage. Such sign shall be restricted to thirty-two (32) 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 roof-line line level.
E. One (i) sign for purposes of sale, rent or leasing shall be pemtitted for display off-siu for those properties
which do not have direct lot frattage on a public thorottghfare, or which are flag lots linked to a public
thoroughfare by a driveway corridor only. Display of such off-site sign shall be confinai to private property,
subject to approval and cooperation of the property owner upon whose property the off-site sign is to be located.
Such off-site sign shall be allowed in addition to an on-site display authorized under Subsections 17.32.070 A
through D. Such off-site sign shall have a maximttm of two (2) faces, and shall not exceed thirty two (32) square
feet in area per face, nor excced a height of six (6) feet. The location of such off-site signs is subject to Section
17.32.010.
18
F. For sale/rcnt/Iease signs ma~ installed up to thirty (30) days prior ~y tenant vacancy. Immediately
following the close of sale, rent , or lease of the space or building the sale, rent, or lease sign shall be removed.
G. For saleJrendlease sigru may not reasonably obstruct the visibility of any permanrnt ground sign.
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 pcrnitted subdivision directional signs.
B. A total of throe (3) such signs per subdivision shall be permitted within the City as determined by the Director.
C. Each sign shall not excced six (6) feet in height and thirty two (32) square feet in arcs and have mo more than
two (2) sign surfacts. "V" shaped signs are prohibited.
D. Such signs may be permitted for none-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 sign.4 shall include a list of all other existing signs for the same
subdivision, indicating the sign surface area and strcet location of each sign.
17.32.090 Temporary Special Event Signs and Promotional Devices
The Director may issue a permit for temporary special event signs, battners, pennanu or balloons and promotional
devices in all commercial, industrial, office or institutional districts subject to all the criteria set forth in this
Section. .
A. 1) Each business may be permitted use of one (I) temporary special event sign subject to the tenant schedule
in Subsection 17.32.090 C or D. Each business may have the use of temporary signs for a maximum of one
hundred twenty (120) days in a calendar year but cat to excced thirty (30) days during any permitted period.
Each business may be granted a maximum of twrolve (12) permits in a calendar year. A minimum period of
two (2) weeks shall be required before a subsequent permit is granted.
2) One (1) additional temporary sign and one (1) additional promotional device may be allowed during the first
year of operation for a new busitess entity for purposes of announcing the grand opening of the business
entity.
3) A portable fretstandirtg temporary sign shall rat exceed six (6) felt in height and thirty two (32) square
feet per face, with a maximum of two (2) faces. Portable temporary fretstartding 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 orx (I) face rte txcceding one hundred
(100) square foot in area, and shall be placed on the building in accordance with the limitations specified in
Section 17.24.080 of this title regarding clearance and roof line level.
B. l) Special promotional devices, such as large balloons or searchlights, may be approved for a maximum throe
(3) day period or five (S) days for grand openings, four (4) times within a calendar year, subject to the
following:
a) Parking is trot displaced.
b) The device is canpatible with adjoining uses. Of major concern is proximity to residential properties.
c) The device is not located in a landscaped front setback area.
d} Tethered balloons used for special prorrtotiortal purposes may not exceed a height of twenty five (25) feet
above the building where the special event is occurring.
e) Meets the tenant schedule in Subsection 17.32.090 C or D.
2) The Director, shall review a request use of any special prartotional devict, such as searchlights, hot air
balloons, rides, traffidparking directional signs within the public right-of--way, etc., in relation to the type of
activity and the appropriateness of the activity to the surrounding neighborhood. There is no spxific
limitation on the number of traffidparking directional signs which may be used on a site on the specific day
of the special prattotional or temporary event. However, the Director shall review the number and
placement of signs requested to be placed in the public right-0f--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 roquircd in Section 17.32.010.
19
C. A temporary sign and cen[~ide event signs m ty be permitted in acc~ce with the following schedule:
3 tenants to 6 tenants - 1 tenant display or l center display
7 tenants to 13 tenants - t tenant display + 1 center display
14 unants to 20 tenants - 2 tenant displays + I center display
21 tettartts to 27 tenanu - 3 tenant displays + 2 tenor displays
28 tenants or more - 4 tenant displays + 4 center displays
D. Shopping Cenurs with approved electronic readerboard signs shall only be allowed building mounted
banners. Frcestanding temporary or special event signs for individual tenants are trot allowed. Special event signs
for tenor wide special evenu are allowed in accordance with the following schedule:
20 to 27 tenants - 2 center displays, or
28 tenanU or more - 4 tinter displays.
E. A cash deposit for a reasonable ccet of removal, as deurtnined by the Director, shall be requirod to ensure
removal of the sign or special device upon the expiration dau specified an the permit. In the event that the sign is
not removed within the allotted time, the City shall retain the deposit to cover costs of removing such signs.
F. Signs announcing a city-wide event for acity-wide organization shall be permitted im the public right~f--way.
The Irngth of time such sign is permitted, amount of deposit, and sign size, number and location shall be subject to
staff approval. Applications shall include a list of all signs, including each sign's dimensions and street location. In
the event that the signs are not removed within the allotud time, the City shall tttairt the deposit to cover costs of
removing such signs. The location of signs is subject to Section 17.32.010,
17.32.100 Window Sigrts
A. Window signs shall be permitted in all ccxrtrr~rcial tortes.
B. The total area of any window obscured by any combination of permartatt and temporary window signs shall not
cxcaxl twenty five percent (25%) of the window surface.
C. Signs within a window shall be catsidered temporary if they remain on the window for less than thirty (30)
days, and shall not be subject to review. Window signs inter-dod to remain on display for more than thirty (30) days
shall be wroidered permanent witdow signs.
D. Permvtent window signs may be perittcd in accordance with Section 17.24.090.
17.32.110 Summary of Regttlatiotu for Temporary Signs
Appendix A-4 surtunatizes general regulations for temporary signs.
17.32.120 Beverage Container RecyclinE Signs
A. A dealer of beverages sold in containers which is subject to provisions of the California Beverage Container
Recycling and Litter Reduction Act of 1986 may display one (I) building mourned single face sign not exceeding
ten (10) square fiat in area which sets forth the infomtation concerning a certified recycling center, as described in
Section 14570 and 14571 of the Public Resources Code. Such sign shat! be allowed in addition to any other signs
allowed for said dealer in accordance with the provisions of this chapur,
B. Signs for certified redemption tenors shall be subject to rho limitations and review procedures applicable to the
zoning district in which the rodetnption center is located.
20
Chapter 17.44
EXCEPTIONS
Sections:
17.44.010 Authority
17.44.020 Application and Fee
17.44.030 Hearing Required
17.44.040 Findings for an Ezception
17.44.050 Action by Planning Commission
17.44.060 Conditions for Revocation of Ezception-Notice Required
17.44.070 Ezception Deemed Null and Void When-Notification Required
17.44.080 Appeals
17.44.090 Reports to City Council
17.44.010 Authority
The Planning Commission may grant a sign exception in accordance with the provisions of this chapter.
17.44.020 Application and Fee
An application shall be made in writing to the Planning Commission on a form prescribed by the Director. The
application shall be accompanied by a rwn-refundable fee, a letter explaining the justification for the exception, and
appropriate exhibits as deemed necessary by the Community Development Director.
17.44.030 Hearing Required
A. A hearing on an exception shall be scheduled before the Planning Commission, not later than thirty (30) days
after filing of application.
B. A notice of said hearing shall be sent to all adjoining Property owners. The notice shall state the date, time and
place of the hearing. A description of the exception shall be included in the notice. Failure to provide written notice
to any adjoining property owners shall not void action taken by the Planning Commission or Director.
17.44.040 Findinea for an E:ception
The Planning Commission may grant an exception based upon all the following findings:
A.. That the literal enforcement of the provisions of this ordinance will result in restrictions inconsistent with the
spirit and intent of this ordinance;
B. That the granting of the exception will rwt 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.
17.44.050 Action by Planning Commission
The decision made by the Planning Commission is final unless appealed in accordance with Section 17.44.080.
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 manner as defined in Section
17.44.030.
17.44.070 Exception deemed null and void when-Notification required
In any case where an exception has not been utilized within one (1) year from the date of issuance, or if
abandoned for a period of thirty (30) days, will automatically become null and void upon written notice from the
Director to the property owner and /or tenant..
21
17.14.080 Appeals • S
A. Any person aggrieved by a decision of the Planning Commission in the approval, conditioning, denial, or
revocation of an exception for a sign may appeal such a decision in writing to the City Council.
B. The appeals shall be made within fourtcat (14) calendar days of the Planning Cortunission meeting by means of
a letter in writing to the City Council stating the grievances.
C. The appeal shall be accompanied by the same fce as required for appeals under Section 19.44.020 of the
Cupertino Municipal Code.
D. Such appeals shall be heard by the City Council and scheduled on their agenda at the limo that other Planning
Commission items regularly appear.
17.44.090 Reports to City Council
The Director, or designated representative, shall make written reports on all exceptions granted. denied, or
revoked under this Chapter. Said reports shall be delivered ro the City Ctwncil within five (S) calendar days from
the date ofthe decision.
22
• Chapter 17.52 •
COMPLIANCE AND ENFORCEMENT
Sections:
17.52.010 Interpretation and Enforcement of Provisions
17.52.020 Nonconforming SiErrs
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 Cosb
17.52.070 IIIeEaI Signs-Deemed Public Nuisance-Court Action Authorized
17.52.080 Violation Deemed Infraction-Penalty
17.52.090 Appeals from Decision of the Director
17.52.010 Interpretation and Enforcement of Provision
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 constnrcted, erected, altered, relocated or
maintained in violation of this title. Such powers include but arc nct restricted to provision and procedure set forth
in the following section of this chapter. Decision by the Director in relation to this title may be appealed to the
Planning Cortunission set forth in Section 17.52.090.
17.52.020 Nonconforming Signs
A. A nonconforming sign, unless made to conform to the provision of this title, may not be structurally altered,
expanded, moved, modified in any way, be re-established after.
1. Discontinuance for ninety (90) days or more, or
2. Damage or destruction of more than filly percent (50%).
B. Any nonconforming sign which was legally erected in accordance with the provision of the ordinance in effect
at the time of erection, or which has a valid permit from the City, shall be smutted to remtin until such time as:
1. There is a change N the use of the Property that the sign is located on;
2. There are alteration or enlargemutts to the site or building on the property in excess of twenty five percent
(25%) or more of the existing site or building. The amount of alteration shall be cumulative over time; or
3. There is a change of face constiNting fifty percent (SO%) or more of the existing total sign face area at any
one time; expanion, movement or modification of the sign. A change of face of a single tenant name panel
constituting less than fifty percent (50%) of the total existing sign face arra in amold-tenant sign shall not
constitute grounds for modification of a nonconforming sign.
C. At such time as any of the above mentioned events 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 provision of this title.
17.52.030 Abandoned or Discontinued Signs
Any sign which pertain to a business or occupation which is no longer using the particular sign or property, or
which relates to a limo or event which no longer applies, constitutes false advertising. The structure and copy shall
be blanked out or removed within thirty (30) days after the associated business, occupation or event has vacated the
premises. An abandoned sign is prohibited and the removal shall be the responibility of the owner of the sign or
the owner of the premises.
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 cmrstructed, erected,
altered, relocated or maintained in violation of any of the provision of this title or any outer pertinent ordinance of
the City, the Director shall in writing inform the owner and the tenar-t of the Property on which the sign or structure
is located that said sign or structure must be removed within ten (l0) days of receipt of the notice, or an application
23
must be made to the Director f~gn approval. Failure to take the required ~n 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 ordiruvtce of the City, the Director shall-notify the owner of, or tenant using the sign in person or writing
that said sign shall be immediately removed.
C. If the Director fords 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.
17.52.050 Stora¢e of Removed Signs
Any sign removed by the Director shall be stored in the City corporation yard and may be claimod within thirty
(30) days after said sign was removed, provided that any cost incurred by the City has been paid, and that a rcttewal
of the building permit for the sign has boen secured.
17.52.060 Owner Responsible for Removal, Alteration or Relocation Costa
Any cost incurred by the City in the rerttoval, 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.
17.52.070 IIIeEaI Signs-Darned Public Nuisance-Court Action Authorized
[n 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 prosceuto 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.
17.52.080 Violation Deemed Infraction-Penalty
Any person, firm or corporatist violating any provisions of this title shall be doemod guilty of an infraction, and
upon conviction thereof, shall be punishai in the same manner as other infractions provided under Chapter 1.12 of
this Municipal Code.
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 sigrt, may appeal such order or
decision to the Planning Commi.sion.
B. The appeal shall be made in writing, accompanied by the sarr~ information, application std fa 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 of the Planning Commission.
D. The decision by the Planning Commission shall be final unless appealed in the carne manner as required in
Section 17.44.080.
24
• Chapter 17.56 •
SEVERABILITY
Section:
17.56.010 Severability Clause
17.56.010 Severability Clause
[f any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaututg portions of this Ordinance. The
legislative body hereby declares that it would have passed this Ordinance and each section, subsection sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections sentences, clauses or
phrases be declared uncorrstitutiarial.
Effective Date.
This Ordinance No. 1624 shall take effect and be in full force thirty (30) days after its enactment.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 6th day of July, 1993 and
ENACTED at a regular meeting of the City Council of the City of Cupertino the 16th day of August, 1993, by the
following vote:
VOTE: COUNCIL MEMBERS
AYES: Szabo, Goldman, Sorensen, Dean, Koppel
NAYS: None
ABSTAIN: None
ABSENT: Naae
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
.~
25
City of Cupertino
SIGN
ORDINANCE
APPENDIX
• A endiz A-1• •
PP
Sign Application Approval Proceaa Flow Chart
Applicant verifies with
Prohibited Planning staff whether I
proposed sign is exempt from
May apply for an exception. lx~~B Process or
prohibited.
Permit Required
Applicant may revise
drawings or apply for an ~~ Submit sign program to
exception. ~~ Community Development for
Permits.
Exception
Submit required exhibits,
fees, and application form.
Domed Staff will review application
for compliance with Sign
Ordinance within 30 days.
Staff will schedule hearing
Approved
within 30 days.
Community Development
Planning Commission will
Approved will issue permits.
review exception and either
approve, approve with
conditions, or deny. • •
May install sign.
Denied •
If denied, applicant may ~
appeal to City Council. •
Director will notify council
APIA :..... . of decision within 5 working
days.
Must submit written request
to appeal decision to the City A ved
Clerk within 14 calendar
days.
• Appendiz A-2: •
Eumpla of Wdl Proportioned Signs
+~~
r
o O
o
~~ ~~
0
L~us.pia of Sires Not Wd Propordoeed
• Appendix A-3: •
Summary of Sign Regulations According to Districts
• Staff approval required of all signs. If unable or unwilling to conform to sign criteria, an exception may be
requested from the Planning Commission.
All signs are subject to design rcvicw criteria.
• Address numbers shall be placed on the monument sign. If no monument sign is available the address numbers
shall be placed on the building.
DISTRICTS fYALL SIGNS GROUND SIGNS
RESIDENTIAL Name plates and address numbers only. Developments of 20 units or more: 1
DISTRICTS identification sign of 32 s.f. and 5 ft. high on
each street side.
COMMERCIAL No.: 1lbusiness, 2 for businesses on a No.: l/site with min. 100 ft. frontage and
DISTRICTS comer with no ground sign. combination frontage plus setback equal to
ISO ft.
Sire: l s.f./1 ft. frontage, rat to exceed • Sites with 500 ft. plus frontage may have
70% of store fivrttage. (Max. 200 sq. ft.) one additional sign.
}Iq~[; Size: Aggregate atea of all ground signs
l8" - AU sigm shall not exceed a total of I sq. ft. for each 4
24" - > 50' setback or, IirKar ft. of site frontage. Total of all signs
> 5000 s.f. business size shall not exceed I00 sq. ft.
36" -> 100' setback and 10,000 s.f.
business size. HeiQ6t: 8 ft. max.
48" - > 100' setback and 20,000 s.f.
business size. Ttnants: S tenant names per side max.
6 in. letters with 4 in. between tenant names.
Window Sits: Calculated into allowable
s.f. of wall signs. A max. of 4 s.f. of ttem Electronic Readerboud Signs:
sign is permitted in the allowable window Need Planning Conunission approval. For
sign area. centers with min. 20 tenants and 50,000 sq.
ft. of bldg. Must meet special guidelirres.
INDUSTRIAL Same as Commercial except window signs Same as Commercial except electronic
DISTRICTS are r~ allowed. readerboard signs are not allowrod.
OFFICE and No.: I/btuitxss Same as Corrunercial except electronic
INSTITUTIONAL readerboard signs are not allowed.
DISTRICTS Size: 1 s.f./I ft. frontage, not to
exceed 70% of frontage.
(Max. 40 sq. ftJ
Hagltt: • < 50 ft. setback: 18"
• >SO ft. setback: 24"
• Appendii A-5: •
Cupertino Standard Detail ?-2
Corner Tsiangie -Controlled Intersections
CORNER SIGHT FORMU A
DISTANCE
SD =Design speed X 1.467 X 7,3
DESIGN 85th
PERCENTILE Si IDistonce Seconds Criterio
SPEED SO Fodor
_ 85th percentile speed
25 273 a°
30 330 ~o
35 385 ~ ~
40 440 _Z
45 495 ~ `
50 350
- G LS~ ~ / _ 'C' - ~_
/ ~ SB -~,
i- ~~
~°~ _ _ SD ~ MAJO j-I~OAO
f~ G
2 ~.
LS
LEGEND
~~
Y v Ois foie between the edge of Irovetway and
the curb. Applies to parkinq,Dike tones,
sfwulders and/or combination. ~
LS=Line o/ sight
SD=Sight distance
G = Edqe of travelwoy.
Sel Docks /rom edge of trove) Iane
0 Crosswolk set bock = 24 feel . Y
Q2 Limi- tine sct back = I7 leet . Y
Appendiz A-4 •
SU111111ARY OF SPECIAL SIGN REGULATIONS
Staff approval required of all signs unless exempted by Chapter 17.16.
All signs are to be located entirely on-site unless otherwise specified.
All signs shall mcet the corner site triangle requirements.
SICNTYPE AREAS REGULATIONS NUMBER TTMELIMIT APPROVAL
OFF-SITE SIGNS All Maximum 4 sq. ft. per side. Sce Sce individual Sec
Raluire writt~ pemussion of property individual type of signs. individual
owner. type of type of signs.
in comer triangle, strcet, signs.
median, island, shoulder, drainage
Swale, sidcwallc, bike lane, curb,
tter or bike ath.
FLAGS Commercial Grand Openings or special events. Staff. 2 weeks. Staff.
20 ft. height max.
Residential For model homes onl . 2 r unit. 1 Nonc
GARAGE SALE All On-site: 32 sq. ft. max. 6 ft. high 1 per site. 24 hour prior None.
SIGNS Districts. no comer triangle. to event and
removed by
Oif--Site: See off-site regulations. 3 off-site sunset last day
allowed. of evrnt.
PO/./TIt.AL All districts. See off-site regulations above. No limit. 90 days prior None.
SIGNS to election.
Remove 12
des after.
PROJECT All districts. New canwctian projects and 2 ground 1 year. Staff.
ANNOUNCEMEN subdivision of S or more. signs
T S/GN.S 32 . ft. side. 6 ft. hei t.
RESIDENTIAL Residential On-site: 4 sq. ft. per side. 6 ft. height. t sign /st. Length of sale None.
REAL ESTATE and removed
SIGNS qf[--site: Sce off-site lotions. 3 max. b sunset. None.
SALF/RENT/ All, except 32 sq. ft. per side. 6 ft. height. 1 pee street Length of sale Nonc.
/.EASE SIGNS residrntial. No "V' signs. Centers with elect. per site.
readerboard signs must incorporate
sale/rent/lease into rtas e.
SUBDIVISION All, except 32 sq. ft. per side. 6 ft. height. 3 per I year. Staff.
S/GNS residential. No "V" si subdivision
TEMPORARY All, except Portable signs: 6 ft. beight, 32 sq. ft. 1 per bus. 12 pemtits/year Staff.
SPECIAL EVENT residential. per side. See chart cumulative 120
S/GNS AND Banners: Bldg. mounted, 100 sq. ft. for centers. days max.
DEVICES 30 day max . 2
k
b
wee
etween
s
pcmrits.
Devices: Tetherod balloon 25 ft. high 1 per bus. 3 days period 4 Staff.
Parking not displaced. Sce chart times per year.
for centers.
fVINDOW S/GNS Commercial Temporary and permanent window 30 days Nonc.
si not to excced 25%of surface.
Appeadii A-6: •
Cupertiao Standard Detai! 7-4
Comer Triangle - Uncontro0ed Intersectioaa
LS ' l.in~ of sigAf
GnN
IIM
100 ff!t-
-----\
GnfM
lir-~
Y ~
~ I
0
0
i ~_~~
MOnuntnf or infersetfinq/
point
/ ~- ~-
I
• Appendix A-7: •
Cupertino Standard Detail 7-6
Sidewalk Site Triangle
(Sidewalk Clearance at Driveways)
rc
u c
Yf n
7
m~
a
3
W
L!
J G
W
~X ~ W{~~
J 1n
W 'Q opf CW
~ J F ~
u W 3 =
Y N K J
fa ~~a N
O ? m W ^ `
2 0 0 ~ r
a u+ r
~oOm ~~
• C G W ~ ~ y y~j
IL ~ ~ ~ W h C Y1
4;
WW {~ Y N W
H N m M
• Appendiz A-8: •
Ezample of How to Figure Size of Wall Signs
~ 60 R. Building Frontage
Sign Height: 18 inches max. (50 R. or Tess setback and less than 5000 sq. R. building)
Sign Area: 60 aq. ft. maL (60 R. of frontage, includes area of window signs)
42 R. mnx, (7086 of wnil length)
Appendii A-9:
Eumple of How to Figure Size aad Location of Ground Signs
~ V
BafldtuQ Frontage
50 ft
Sidewalk Site Triangle Setback
Center 50% ~~ ft
130 ft Street Fmttt~e
1 Gronnd Sian Allowed: 130 ft. + 50 ft. = 180 ft. (is greater than t50 ft.)
Maiimnm Sian Area: 32.5 sq. R (130 ft.%4 = 32.5 sq. ft.)
Sign Locadoa: Center 50% begins at 32.5 ft. from side property lines. (130 ft./4 = 32.5 linear ft.)
6.5 ft. (length)
~~~
6' min. TENANT
6' min. TENANT
5 ft.
8 ft. (Total (~ 6' min. TENANT
heig~t) mtn.
Sigfi Height) 6' min. TENANT
6' min. TENANT
$®$~~~5'mtn.
ct~t~
Sian 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.
r
Chapter 17.56
SEVERABILITY
W
•
Section:
17.56.010 Severability Clause
17.56.010 Severability Clause
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
unconstitutional, such decision shall rwt affect the validity of the remaining portions of this Ordinance. The
legislative body hereby declares that it would have passed this Ordinance and each section, subsection sentence,
clause or phrase thereof, in-espective of the fact that any one or more sections, subsections srntences, clauses or
phrases be declared unconstitutional.
E(tective Data
This Ordinance No. 1624 shall take etFixt and be in full force thirty (30) days after its enactrncnt.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the 19 day of July , 1993
and ENACTED at a regular mewing of the City Council of the City of Cupertino the 17 day of Aug, 1993, by the
following vote:
VOTE: COUNCIL MEMBERS
AYES: Dean, Goldman, Koppel. Sorensen. Szabo
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED:
~~ ~~
Mayor. City of Cupertino
ATTE,S/T: - ~~~ ~j
~/Y~-c~"//ccw~.
City Clerk
25
r ,.:.>.., ,.
• i
City of Cupertino
SIGN
ORDINANCE
Approved Under
City Council Ordinance 1624
Adopted: July 6, 1993
Effective: September 16, 1993