07. Muni-code outdoor signs~-
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CITY OF
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Departinent
Summary
Agenda Item No. 1
Agenda Date: September 2, 2008
Application: MCA-2008-02
Applicant: City of Cupertino
Property Owner: Various
Property Location: City-wide
Summary: Municipal Code Amendinent of Chapter 17 allowing temporary outdoor
signs or displays.
RECOMMENDATION
The P1aruling Coirunission recornmends that the City Council approve:
• MCA-2008-02 to allow revocable permits for tem~orary outdoor displays/signs
(such as A-frame signs) with added design standards.
Reconunend approval to remove the reference to "calendar year" for the
allowable time period for temporary banners.
BACKGROUND:
Providing effective, visible and attractive signs are vital ingredients in promoting a
successful and healthy business community while at the same time enhancing the
aesthetic appearance of the City. In examinulg the current Sign Ordinance the only
provision for pedestrian oriented signage is temporary. Businesses wishing to display
A-frames or other legitimate and creative outdoor displays can only do so on a time
limited Uasis. Shopping district success is based on the ability to attract customers and
more importantly the ability to establish identity or character. Staff believes that the
Sign Ordinance can be eilhanced by including new provisions for outdoor display with
the following public objectives:
1. Enhancing the pedestrian experience, activity and convenience.
2. Maintaining the economic stability of the City by enhancing business vitality.
3. Providing opportunities for aitractive, effective and visible identification
reflecting the individual character of the business.
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MCA-2008-02 - Outdoor Display
~=~ ~, 2008
Page 2
On July 22, 2008, the P1aiuling Coirunission reviewed the draft ordinaizce amendment
and recoinmended approval to the City Council.
DISCUSSION:
The P1aiuling Commission recoiYUnends that the Sign Ordinance Ue ainended to allow
revocable permits for outdoor displays/signs in exchange for higher quality of signs
with the property owner assuming ownership and liaUility. If design and liability
provisions are not met, the permit can Ue revoked.
In addition, the Corrunission recorrunends that the time period for temporary banners
be a maximum of 120 days witlun a 360 day period, as opposed to within a calendu
year. This provides equitable banner time to businesses who submit baruler
applications toward the end of the year.
Staff Uelieves that the proposed ordinance amendinents will improve efficiency in the
temporary sign review process and at the same time facilitate effective and attractive
signs meeting the needs of businesses, similar to the ordinance amendment approved
in 2003 at the urging of local realtors. Changes to the real estate sign regulations are
not being recommended as part of this action.
Please refer to the attached Plaiuling Conunission staff report (ExhiUit C) for the
detailed analysis. ~
ORDINANCE AMENDEMENT FORMAT
Instead of the conventional redline version of the ol~~/i~ew ordulance lan~uage, the
entire section 17.08.090 of the Sign Ordinance was restructured to enhance the
readability of the document and to include the new proposed language regarding
temporary display/si~1s (see Exhibit A). The old language is also included as ExhiUit
B.
SuUmitted by: Approved by:
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Steve Pia ~cki David W. Knapp
Director, Community Development City Manager
Attachments
Exhibit A: Planning Cbmmission proposed Model Ordinance
Exhibit B: Existing Ordinance, Section 17.08.010 and 17.32.090
Exhibit C: Planning Commission Staff Report with attachments, July 8, 2008
(postponed to July 22, 2008)
ExhiUit D: Planning Commission Meeting Dratt Minutes, July 22, 2008
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~xxhibit A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING SECTIONS 17.08.010 AND 17.32.090
RELATING TO TEMPORA.RY SPECIAL EVENT
BANNERS, PROMOTIONAL DEVICES, AND PORTABLE
SIGNS AND DISPLAYS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAINS AS FOLLOWS: ~
AMENDMENTS
1. Section 17.08.010 is hereby amended to read as follows:
17.08.010 Definitions
"Special Event Banners" means any temporary signs constructed of pliable materials
such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to
wind and rain without significant deterioration, and which does not require a buildiug permit
for its construction, or installation outside of a building.
"Portable Sign or Display" means any outdoor sign or display not permanently
attached to the ground or a structure on the premises it is intended to occupy and displayed
only during business hours. Portable. sign or display includes A-frames, flower carts, statues,
and other similar devices used for advertising as detern~ined by the Director.
[Note: The previous definition of "portable sign" contained in Section 17.08.010 is
repealed.]
"Promotional Device" means any sign, display, fixture, placard, vehicle or structure
that uses color, form, graphic, symbol, illumination or writing to advertise a special event or
the opening of a new business.
"Temporary Sign" means any sign, display, banner or promotional device which is
maintained only during the allowable business hour or for limited time periods as specified
by the Director of Community Development.
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2. Section 17.32.090 is hereby amended to read as follows:
17.32.090 Special Event Banners, Promotional Devices, and Portable Signs and
Displays
A. General Authorization
Special Event Banners, Pronlotional Devices, and Portable Simis and Displays
are pernlitted in all coirunercial, industrial, office and institutional zoning ~
districts subject to the issuance of a pernzit Uy the Director which conforn7s to
the provisions of this section.
B. Public Obiectives
Enhance pedestrian experience, activity and convenience.
Maintain the economic stability of the City by enhancing vitality of
business.
• Provide attractive, effective and visible identification reflecting the
individual character of the business.
C. Special Event Banners
The Director may issue a permit for a Special Event Banner for each business
within the above described zoning districts under the following provisions:
1) The banner shall only be displayed for a maximum of 120 days within a
360 day period.
2) The banner shall be building mounted and have only one face not
exceeding one hundred square feet in area.
3) The banner shall be placed on a building in accordance with the limitations
specified in Section 17.24.080 of this title related to building clearance and
roof line levels.
4) Unless otherwise deterinined by the Director, the display of the banner
shall otherwise be subjectto the tenant schedule for shopping centers as
provided in Subsection 17.32.090. (E)
D. Promotional Devices
In addition to Special Event Banners described in Paragraph B above, the
Director may issue a pernut for a Promotional Device for each business within
the above described zoning districts under the following provisions:
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1) For advertising a special event for an existing business, promotional
devices may be displayed for a maximum three day period, four times
within a calendar year. ~
2) For conducting a grand opening of a new business, promotional devices
(other than search lights, hot air balloons or other extremely large devices
~ as detei-mined by the Director) may Ue displayed during the first year of a
new business' operations for the sole puipose of aruiouncing the grand
opening of that Uusiness.
3) The device shall not displace parking or be located in a landscaped fiont set
Uack area.
4) The device shall be compatible with adjoining uses, particularly residential
uses.
5) Tethered balloons used for promotional purposes may not exceed 25 feet
above the building where the special event or grand opening is occurring.
6) Unless otherwise determined by the Director, the display of the device shall
otherwise be subject to the Tenant Schedule for shopping centers as
provided in Subsection 17.32.090 (E).
7) Subject to the approval of the Director and the Public Works Department, a
Promotional Device may be located within the public right of way based
upon the degree of impact the device will have on traffic circulation as well
as upon the environment of the surrounding uses.
8) Subject to the approval of the Director and the Public Works Deparhnent,
traffic/parking directional signs may be used in conjunction with a
Promotional Device during the period of the special event or grand
opening. The number and placement of traffic/parking directional signs
may be restricted by the Director or the Public Works Department in order
to insure. adequate sight distances and traffic safety clearance are
maintained as required in Section 17.32.010.
E. Tenant Schedule - Shopping Centers ~
Special Event Banners and Promotional Devices described in Paragraphs C
and D above for businesses located in shopping centers are subject to the
following provisions:
1) Special Event Banners and Promotional Devices are permitted based upon
the following schedule:
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Nu~nber of Te~iants Nuinber of Signs
Permitted
3 tenants to 6 --1 tenant display or
tenants 1 center display
7 tenants to 13 --1 tenant display +
tenants 1 center dis~lay
14 tenants to 20 --2 tenant displays +
tenants 1 center display
21 tenants to 27 --3 tenant displays +
tenants 2 center displays
28 tenants or more --4 tenant displays +
4 center displays
2. Shopping centers with approved electronic readerboard signs shall only be
allowed building mounted banners. Freestanding temporary or special event signs for
individual tenants are not allowed. Special event signs for center-wide special events are
allowed in accordance with the following schedule:
Nu~nber of Tenants Nu~nber of Signs
Permitted
20 to 27 tenants --2 center displays
28 tenants or more --4 center displays
F. Portable Si~ns and Displays .
In addition to Special Event Banners and Promotional Devices described in
Paragraphs C and D above, the Director may issue a permit for a Portable sign
or Display for each business location within the above described zoning
districts under the following provisions:
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1) PortaUle signs and displays may not be located in areas, either on public
or private property, which are used by the public for vehicular or
pedestrian traffic or in other areas, which in the opinion of the Director,
are a threat to the public health, safety or welfare. .
2)
3)
4)
5)
Portable signs and displays shall not be pern7anently attached to the
ground or a structure on the prenuses it is intended to occu~y and shall
only be displayed during business hours.
Desi~i Review Criteria
Portable signs and displays shall Ue appropriately designed, installed
and maintained with special emphasis on the creative design, character
and quality of color and material (vibrant and weather resistant). They
shall be complementary to the building architecture and the operation of
the business area and shall enliance the oyerall appearance and texture .
of the pedestrian shopping experience.
Specific Standards
Portable signs and displays must:
a) be 8 square feet in maximum size; ~
b) be 3 feet in minimum height;
c) be 4 feet in maximum height;
d) be 2 feet in ma~cimum width; ~
e) be 2 feet minimum setback ~from the street curb; '
~ not be set into the ground;
g) only be displayed during business hours;
h) maintain a minimum 5 foot wide pedestrian walkway;
i) be at least 15 feet from any bus stop zones and/or bus stop furniture;
j) be at least 4 feet away from any disabled parking zone;
k) not be attached to trees, lamp posts, utility poles, street or traffic
signs, benches, hydrants, or mailboxes;
1) not be illuminated;
m) not be located in any req~ired landscape setback area.
Modification of Specific Standards
The Director may modify the specific standards described in Paragraph
4 above upon making a finding that special circumstances unique to the
site require the application of a modified standard.
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F. Permit Procedures
The issuance, modification, revocation, and appeal of any permit under this
section are governed by Chapter 17.12 of this title. I~Totwithstanding the
above, any appeal of any pernut under this section shall be made to the Design
Review Corrmuttee.
G. Removal of Signs
1) All bamlers, devices, signs and displays issued under this Section
must Ue renzoved not later than five (5) days after the conclusion of
the Special Event or grand opening to which they pei~tain.
2) The city, pursuant to Chapter 17.52 of this Code, may cause the
banners, devices, signs and displays remaining after expiration or
revocation of the above-described five (5) day period to be
~ removed.
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper
of general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, shall certify to the adoption of this
ordinance and shall cause this ordinance and her certification, together with proof of
publication, to be entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the of , 2008 and ENACTED at a regular meeting of the. City
Council of the City of Cupertino the of 2008, by the
following vote:
PASSED:
Vote: ~ Members of the Citv Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
City Clerk Mayor
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Exhibit B l~.os.oio
CHAPTER 17.QS: DEFII`'ITIONS
Section
17.08.010 Definirions.
17.QS.OIO Definitious.
"Advertising statuary" means a structure or device of
any ~nd 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.
"Ani.mated sign" means any sign which projects action,
motion or the illusion there~f, changes intensity of
illum.i.nation ~r changes colors, includin~ the li~:es of
halloons, banners and flaES, and blowing or air-powered
amactions, but excludin,; electronic readerboard si~ and
si,gns that display tbe current time or temperature.
"Architectural projection" means any permanent
extension from the s~ucture of a buildiug, including the
likes of canopies, awnings znd fascia.
"Banner° means a temporary advertising display
consisti.ng of fabric, canvas, plastic or paper material R~hich
is attached to a building, vehicle, pole or other form of
suppozt. ~
"Building frontage" means the length or the surface of
the buildi.ng wall R~hich 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 ma.nual changes to the
visible message without changing str~uctural surfaces,
includi.ng the likes of rheater marquees and gasoline service
station price signs, but excludin~ electronic readerboard
signs and signs which display the cvrrent time or
temperature.
"Change of face" means any changes to the letter style,
size, color, bacl:ground, 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 Ciiy and whose activiries benefit
the City, its residents, employees, or businesses located
rherein.
"Comer lot" mea.ns a lot situated at the intersecrion of
two or more streets, or bounded on tv,~o or more adjacent
sides by street lines.
2007 S-12
"Corner trian.gle" means a triangular-shaped area of
land adjacent to an intersectian of public richts-of-way, as
further defined in Cupertino Standard Det3ils Drawings
Nos. 7-2 and 7-4. Unobstructed vie«~s over these areas are
essential to rhe public safety for bicyclists, motorists and
pedestrians. (See Appendix A-5, Cupertino Standard Detail
7-2; C~mer Triangle--Con~olled Intersections, and A-6,
G~pertino 5tandard Detail 7-4; Corner Triangle--
Uncontrolled Intersections, bath on f-ile in the office of the
City Clerk and the Planning Deparnnent, foi details.)
"Decarative statuary" means any structure or device of
any kind or character placed solely for aesthetic puiposes
and not to promote any product or service.
"Directional sign" mea~s any sign w]uch primarily
displays directions to a particular area, location or site.
"Dir~ctor" means the Directar of Commvnity
Development for the City or any authorized representarive
thereof.
"Directory sign" means any outdoQr listing of
accupants of a buildi.ng or group of buildings.
"Electronic readerboard sign" means an electronic sign
intended for a periodically-changing advertisin~ message,
"Flao" means any fabric, banner, or bunti.ng
contai.ning distinctive colors, patterns, or symbols, used as
a symbol of a government, polirical subdivision, or other
entiry.
"Flag lot" means a lot havi.ng access to a street by
means of a drive«~ay or garcel 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
brighmess of light transmitted through or reflected from an
object or surface. V ~
"Freeway" means any pnblic roadway so designated by
the State of California. All freeways in the City are
considered "landscaped freeways."
"Freeway oriented sign" means any sign v~~hich is
located within 5ix hundred sirty feet and visible from a
freeway right-of-way as defined by Secdon 5200 of the
Calif~rnia Business and Professions Code.
"Garage sale signs" meaus any sign used for
advertisin~ a gara?e or patio sale as defined in Chapter 5.16
of the Cuperrino Municigal Code. .
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17.04.010
Cupertino - S baus
"Gasoline service station" means any place of business
wIuch 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 stTUCture.
"Identi~icariQn si~" 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 n~t installed with a valid permit from the City.
"Illuminated sign" means any si~ utilizing an ~cial
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
informarion to the public, including the likes of hours of
operation, rest room ident~cations and hazardous ~~arnings.
"Institurional 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 designarion of the general plan.
"Interior lot" means a lot other tha.n a comer lot.
"Nonconfomiing sign" means any sign or advertising
statuary that was legally erected and bad obtained a valid
permit in conformance with the ordinance in effect at the
time of the erection of the sign but wluch became
nonconfo~ung due t~ the adoption af the ordinance codified
in tfus title. '
"Obsolete sign" means any sign that d.isplays incorrect
or misleading informarion, promotes products ~r 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 ar enrity indicated or advertised by
the sign. This definition shaII include billboards, poster
panels, painted bulletins and other siuvlar advertising
displays.
"Office districY' means those buildings or groups of
buildings for which the permitted uses are professional
offices, is withi.n an OA zone or which are designated for
offices on the general plan. ~
"On-site sign" means a sign directing attenrion to a
business, comm~dity, service or entertainment conducted,
sold or offered upon the same premises as those upon which
the sign is maintained.
"Pennant" means any lightweight plasric, fabric, or
other material, whether or not containing a message of any
ldnd, suspended from a rape, wire, or string, usualIy in a
series, designed to move i.n the wind.
"Political sign" means a temporary sign that
encourages a garticular vote in a scheduled election and is
posted prior to the scheduled election.
"Portable sign" means any sign n~t permanently
attached to the ground or a structure on the premises it is
intended to occupy. This definirion shall not include A-
frame si~s, sandwich signs and any other advertising
sttucture so defined.
"Project announcement sign" means any temporary
sign that displays information pertinent to a current or future
site of canstruction, including the likes of the project name,
developers, owners and operators, campletion dates,
availability and occupants.
"Projecting si~" 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 ar rent.
"Residential dis~ict" means the Rl, RHS, R2, R3,
R1C, A, and A1 zoning classifications which are consistent
with the residential designation of the Cupertrno general
plan.
"Roof sign" means a sign erected between the lowest
and highest p~ints of a roof.
"Shopping center" means a retail entity encompassing
three or more tenants withi.n a single building or group of
buiidings, 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 3ite Triangle
(Sidewalk Clearance at Driveway), on file in the office of
the Ciry Clerk and the Planning Department.)
"Sign" means any device, fixture, placazd, 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 ki.nd 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 pazallel vertical and horizontal lines. The
sign area af a sign with borders andlor backb ound is
measured by a single conti.nuous perimeter enclosing the
exterior Iim.its of the border or back~ound. The necessary
supports and upriglits, or the base on wIuch 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 subdivisian
map, record of survey map or assessor's parcel mag, which
constitutes one development site and which may be
composed of a single unit of land or contiguaus units under
common ownership, control, or development agreement.
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2007 s-12
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DeFu~.itions
17.04.010
"Special event" means a temporary promorional event
including, but not limited to, a special sale on merchandise
or services, or gra.nd openings.
"Street address sign" means any sign that displays anly
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 Iimited 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 essentialIy verdcal faces, with one
common edge and which appears as the letter V when
viewed direcfly fram above.
"Vehicle sign" means a sign painted on or attached to
an operable or movable vefucle; in the case of motor
vehicles, "operable" shall be defined as having a valid
license plate.
"Wall sign" means any sign that is attached, erected
or painted on a structure attached to a building, a can~py
stiucture, or the exterior wall of a building with the exposed
face of the sign garallel to the wall.
"Mindow sign" means any sign displayed in or painted
on a window facing a public street, parking lot, pedestrian
plaza or waikway accessible to the public. D'isplayed in
means a sign that is clearly intended to be visible from an
adjacent street. (Ord. 1987, (part), 2006; Ord. 1624,
(part), I993) .
2007 S-12 7-11
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Temporary 5igus - Regulatians
17.32.Q70
17.32.070 Sale, Rent or Leasing Signs.
A. Sale, rent or leasing si~ns shall be permitted in all
zones except residential zones. Signs for residenrial zones
are stated in Section 17.32.060 of this chapter.
B. The signs may include the name of the real estate
agent or owner, the address, phone number and any other
pertinent informarion.
C. Each parcel shall be alloa~ed to display one
sale/rent/lease sign on each public s~eet frontage. Each
sign face shall be li.mited to thirty-tv~~o square feet, with a
maxi.mum of two faces per si~n. Each sign shall be limited
to a heig_ht of six feet. "V" sha.ped signs are prohibited.
D. A building mounted salelrent/lease sign may be
used in lieu of a freestanding sale/rentJlease si~n. One
building movnted sign may be placed on each building
eIevarion facing an adjacent public street; provided, that a
freestanding sale/rent/lease sign as described in subsecrion
C of this section is not displa3~ed cancurrently on that public
street frontage. The sign shaIl be restricted to thirry-tu~o
square feet of face area, and shall be located and displayed
in accordance with the provisions of 5ection 17.24.080 of
this title regarding clearance, obstrucrion and roof-line line
Ievel.
E. Si~s for purposes of sale, rent or lease shall be
pemutted for display off site. Display of such off-site signs
shall be canfined to private praperry, subject to the approval
and cooperation of the property owner upon whose properry
the oif-site sign is to be located. The off-site signs shall be
lim.ited to one sign per street fronta~e, with a maximum of
two signs per off-site parcel. The off-site signs shall have
a ma.ximum of tv~~o faces, and shall not exceed thirty-two
square feet in area per face; nor e~ceed a height of six feet.
The locarion of such off-site signs is subject to Secrion
17.32.010.
F. 1. For sale/rent/lease si,gns may be installed up
to thirry days prior to any tenant vacancy.
2. 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 sale/rentllease sign~ may not reasonably
obstruct the visibility of any permanent ground si~n. (Ord.
1926, § 1(part), 2004; Ord. 1720, (part), 1996; Ord. 1624,
(part), 1943)
17.32.f1S0 Subdi~~isian ISirectional Signs.
A. Subdivision direcrional s bQns for developments
within the city may be permitted in all zones other than
residential, to direct customers alon' rhe most direct raute
through the ciry. 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.
C. Each sign shall not exceed six feet in height and
thirty-two square feet in area and have no more than tr~~o
sign surfaces. "V" shaped signs are prohibited. ~
D. The signs may be permitted for_a one-year period
or until all units are s~ld by the subdivision developer,
whichever comes first. Extensions may be granted by the
Director if the project has not been campleted.
E. The location of subdivision directional signs shall
be subject to Section 17.32.010.
F. Applications for subdivision direcdonal si~s sha11
include a list of all other existing si,~ns for the same
subdivision, indicating the sign surface area and s~eet
location of each sign. (Ord. 1926, § 1(part), 2004; Ord.
1624, (part), 1993)
17.32.Q90 Temporary and Special Event Signs and
Pr~motional De~•ices.
The Director may issue a permit for temporary special
e~>ent sign,s, banners, pennants or balloons and promorional
devices in all commercial, indus~ial, office or institutionzl
districts subject to aIl criteria set forth in this sec~~n.
A. 1. Each business may be permitted use of one
temporary special event siffi subject to the tenant schedule
in subsecrions C ar p of this section. Each business mav
have the use of temporary signs for a maxim~ of o:
hundred twenty days in a calenci~r 3~ear.
2. One addirional temporary sign and one additional
promorional device may be allowed during the first year of
operation for a new business entity for purposes of
announcing the grand openi.ng of the business enrity.
3. A portable freestanding temporary sign shall not
exceed six fect in height and thirty-two square feet per face,
v~~ith a mas;imum of two faces. Portable temporary
freestanding s o~ns, such as "A" frame or sandwich board
siens, may n~t be set into the ground and must be removed
at the close of business each day.
4. A temporary banner shall be buildi.ng 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 limitarions specified in Section
17.24.080 of this ride regarding clearance and roofline
level.
B. 1. Special promorional devices, such as large
balloons or searchlights, may be approved for a max;mum
three-day period or fi~~e days for grand openings, four ti.mes
~~ithin a calendar 3=ear, subject to the follo~~ing:
a. Parking is not displaced;
2007 5-12 7-12
~
17.32.Q90
Cuperti.no - Sigas
b. The device is compatible with adjoining uses. Of
major concem is proximity to residential properties;
c. The device is not located in a landscaped frant.
setback area;
d. Tethered halloons 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, hat air
balloons, rides, traffic/parking directional signs within the
public right-of-way and the like, in relation to the iype of
activity and the appropriateness of the activity to the
surrounding nei~hborhood.
3. There is no speci~c limitation on the number of
traff'ic/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 af
such signs in order to ensure that adequate sight distance and
~affic 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
Perntitted
3 tenants to 6 tenants -1 tenant display or 1
center display
7 tenants to 13 tenants --1 tenant display + 1
center disglay
14 tenants to 20 tenants --2 tenant displays + 1
center display
21 tenants to 27 tenants --3 tenant displays + 2
center displays
28 tenants or more -4 tenant displays + 4
center displays
D. l. Shopping centers with approved electronic
readerboard signs shall only be allowed buildi.ng mounted
banners. '
2. Freestanding temporary or special event signs for
individual tenants are not allowed.
24
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. l. Notwithstanding any provision to the
contrary contained in this chapter, but subject to any
maximum duration regulations contained in tlus 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
AZunicipal Code, may cause the signs remain,ng after
expiration of the appropriate five-day period to be removed.
(Ord. 1987, (part), 2006; Ord. 1926, § 1(part), 2004; Ord.
1796, (part), 1998; Ord. 175~, (part), 1997; Ord. 1624;
(part), 1993)
17.32.100 V4'indow Signs.
A. Window signs shall be permitted in all
commercial zones.
B. The total area of any window obscured by any
combinarion of permanent and femporary window signs shall
not exceed twenty-five percent of the window surface of
each window pane.
C. 1. Signs within a window shall be considered
temporary if they remain on the window for less than thirty
days, and shall not be subject to review.
2. Window si~s intended to remain on display for
more than thirty days shall be considered permanent window
s a°ns as regulatedby Section 17.24.~90. (Ord. 1987, (part),
2006; Ord. 1926, § 1(part), 2004; Ord. 1796, (part), 1948;
Ord. 1624, (part), 1993)
2007 5-12 7 -13
Exhibit C
CITY OF CUPERTINO
10300 Torre Avenue, CuperEino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT 1ZEPORT FORM
Application: MCA-2008-02 Agenda Date: July 8, 2008
Applicant: City of Cupertino
Property Owner: Various
Property Location: City-wide
Summary: Municipal Code Amendment of Chapter 17 allowing temporary outdoor
signs or displays.
RECOMMENDATION
Staff recommends that the Planning Commission:
^ Recommend approval to the City Council of MCA-2008-02 to allow revocable
permits for temporary outdoor displays/sib Zs (such as A-frame signs) with
added design standards.
Recommend approval to remove the reference to "calendar year" for the
allowable time period for temporary banners.
BACKGROUND:
On February 19, 2008, the City Council adopted the 2008/09 work program and
included a revie~v of the sib ordinance focusing on making it more "business
friendly." Providing effective, visible and attractive si~.zs are vital ingredients u1
promoting a successful and healthy business community while at the same time
enhancing the aesthetic appearance of the City. . The success of a shopping district is
contingent on the aUility to attract customers and establish an overall identity or
dlaracter.
The current Sign Ordinance only allows pedestrian oriented signage such as A-frames
or other outdoor displays on a time limited basis and has no criteria for aesthetics.
Staff believes that the Sign Ord'ulance can be enhanced to allojv attractive temporary
sib age Uy including new provi.sions for outdoor display with the follo~ving public
objectives:
1. Enhancing the pedestrian experience, activity and conveiuence.
2. Maintaining the economic stability of the City by enhancing business vitality.
3. Providing opportunities for attractive, effective and visible identification
reflectulg the individual character of the busuless.
7-14
MCA-2008-0~ - Outdoor Display
July 8, 2008
Pase 2
DISCUSSION:
Existi~zg 01•dinance
Many small businesses do not ha~~e the street frontage or sufficient building
orientation to fully take adt-antage of their ~~~all sib ls and/or are not able to negotiate
to get their name plate on a monument si~1. Coitisequently, they rely on teinporary
~edestrian scaled signage to attract customers. Busulesses are permitted one
temporary banner or A-frame si~1 for up to 120 days in a calendar year. First year
businesses may have u~ to t~~~o temporary sib Zs. Currently there are no design
standards specified for baiulers or A-frame si~~-ns.
While man~~ Uusulesses are taking advantage of the A-frame policy to attract more
customers and to stay coinpetitive, the temporary nature of this ~olicy does not make
this an effective sigilage solution. Additionally, there is a$174 fee per calendar year
associated s%~itlz the teinporary sign perinit, `~rhich Uusinesses may end up paying
multiple times.
Without design revie~v oversight, portable displays could Uecome attractive nuisances,
see examples below:
7-15
~~; : . _ - _ ~.
a=- , . . ,
. _~ ~ ~ ~
~ ~~~
~.; °- '~
r~CA-2008-02 - Outdoor Display
July 8. 2008
Pase 3
Staff Uelieves the si~ 1 ordinance should incorporate ~rovisioils to allo~v rezTocable
outdoor portaUle display or siQns combined with a proper design revie~~> process to
facilitate effective and attractive sign solutions.
Proposed Ordi~iarace A~~ze~2d~lze~it
Staff sur~Teyed se~Teral adjacent cities `~Tith successful shopping districts that ha~~e
outdoor display programs. Cities such as Los Gatos and Palo Alto do not ha~je
codified policies Uut allo~v Uusulesses to have sand`vich boards or similar outdoor
displays as long as they do not obstruct public right-of-ta~ay. Los Altos and San Jose
have more defuled policies and are good exanlples of programs that are ~vorking for
both the City and the business o~vners. Please refer to the attached table (exhibit 1) for
a summary of the Los Altos and San Jose guidelules conlpared to Cupertulo's
teinporary sib policy and the staff suggested amendmeilts.
The follo~ving are some exanlples of attractive and creative portable outdoor displays:
7-16
MCA-2008-02 - Outdoor Display
July 8, 2008
Pase 4
Staff recommends that the Sign Ordinance be amended to allo~v revocable permits for
outdoor displays/signs in exchange for higher quality of si~1s with the pro~erty
owner assuming o~vnership and liability. If design and liability provisions are not met,
the permit r_an be revoked. The design standards should encourage the signs to be
creatively designed to be emblematic or a caricature of the business instead of the
standard sand~vich board or "A-frame" desib 1 that is i-ypically used.
I~Z addition,. staff recommends that the time period for temporary barulers be a
maximum of 120 days within a 360 day period, as op~osed to within a calendar year.
This provid.es equitable banner time to businesses who submit banner applications
toward the end of the year.
Staff believE~s that the proposed ordinance amendments will improve efficiency in the
temporary sign revie~v process and at the same time facilitate effective and attractive
s bans meetulg the needs of businesses.
Prepared by: Gary Chao, Senior Plarui.er
Approved by: Steve Piasecki, Director of Community Developme t ~
Attachmen~s
Plaivting Coininission Model Resolution and orduiance wording
ExhiUit 1: T'emporary Sia 1 Policy Comparison Table
7-17
17.32.090 Temporary and Special Event Signs and Promotional Devices.
The Director may issue a permit for tem~orary special event 's~ banners, ortable
freestanding si~ 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. Public Objectives:
i. Enhance ~edestrian experience, activity and convenience.
u. Maultain the economic stabilitv of the Citv bv enhancin~ vitalit ~~of
business.
iii. Provide attractive, effective and visiUle identification reflectin the
individual character of the business.
~ 2. Each business may be permitted the use of one ~temporary special event
~ banner subject to the tenant schedule in subsections C or p of this
section. Each business may have the use of temporary s~s banner for a
maximum of one hundred twenty 120 days ' ~Tithin a 360 dav
eriod.
~ 3. One 'b additional promotional device may be
allowed during the first year of operation for a new Uusiness entity for purposes
of announcing the grand opening of the business entity.
~ 4. Each business may be permitted the use of a portable outdoor display or
sign subject to the followin~ conditions:
a. Scope:
Portable outdoor displa or si~n shall include but not be limited to A-frames
flowerpots, flower carts, statues or other similar devices as deemed
ap~ropriate by the Community Develo~ment Director.
b. Location:
Portable outdoor displav or sign may be located on both private and
institutional zoned properties with the exception of public ri~ht-of-~vav areas
or other areas as deemed inappropriate bv the Communitv Development
Director.
c. Time Limit:
The revocable ~ortable outdoor displa~gn permit shall be valid unless an
e~iration date is included in the a~proval, or subject to the revocation
~rovisions of this cha~ter.
d. Design Review:
Portable freestand'u1~ sig~ls must Ue a~pro~riatel desi~ned, executed and
maintained with the follo~~in~ emphasis:
7-18
• Creative desi~n character. Businesses are encouraged to desi~n si~ns that
are emblematic or a caricature of the ~roducts or services offered.
~ Qualitv of color and material (vibrant and weather resi.stant).
• Complementarv to the buildin~ architecture and the oUeration of the
business area.
• Enhancement to the overall appearance and texture of the ~edestrian
sho~ping ex~erience.
e. Specific Standards:
i. 8 square feet maximum.
u. 3'-0" minimum in hei~
iii. 4'-0" maximum in hei~
iv. 2'-0" maximum in width.
v. 2'-0" minunum setback from the street curb (for car doors and overhan~
vi. May not Ue set into the ground.
vii. Mav onlv be dis~laved durulg business hours.
Mav only identifv the name of the business, the menu offered and/or
special event.
f. General Standards:
i Maintain a minimum 5'-0" ~vide ~edestrian walk~vav.
u. 15'-0" awav from any bus stop zones or bus stop furniture. ,
iii. 4'-0" a~vav from anv disabled ~arkin zone.
iv. Shall not be attached to trees lam~~osts, utilitv ~oles, street or traffic si n~s
benches, hvdrants, and or mailboxes.
v. No illumination.
~ Other modifications mav be a~~roved, if ap~ropriate and where there is a
special circumstance as determined bv the Director of Community
Development.
b
;~t
~
~
n b
~ ~
v , .,
,
i ~
.,,,,,,,
~.:,,.
vi ~~vv iuc.ti.. ,-.,i.
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ai~ i~v~ ~~.
n,. „ ,.L, 17.,., .~~.z b .
~. ~.. ~..~~«,
..... .A~ ~.« . t~v
h. Revocation and Ap~eal Process:
Anv portable display or sign ~ermits issued under the ~rovision.s of this
cha~ter mav be revoked by the Director of Communitv Develo~ment for anY
of the follo~ving reasons:
i. An misrepresetation or false information contained in the a~plication for
the permit; ~
ii. If_the desi~.1 and liabilit~~rovisions specified in the permit are not met.
7-19
iii. If the portable displav or si~n contradicts anv o~ ublic objectives
outlined in this cha~ter.
U~on revocation of an~portable displa~~~ermit, the Director of
Communitv Development shall make ~vritten findings and reasons for the
revocation and traitismit them to the permittee, and a co~v thereof to the Citv
Clerk. The permittee shall have the ri h~ t of a~peal to the Citv Manager in the
same manner and conformitv with the ~rocedures set forth in Section 1.16.020
of the Munici~al Code:
4: 5. A temporary banner shall be building mounted only, shall have only one face
not exceeding one hundred square feet in area, and shall Ue placed on the
Uuild'u1g ul accordance with the limitations specified 'u1 Section 17.24.080 of this
title regarding clearance and roofline level.
B. 1. Special promotional devices, such as large balloons or searchlights, may be
approved for a ma~cunum three-day period or five days for grand openings, four times
with.ul a calendar year, subject to the follo~ving:
a. Parking is not displaced;
b. The device is compatible with adjoining uses. Of major concern is proximity to
residential pro~erties;
c. The device is not located in a landscaped front setback area;
d. Tethered Ualloons used for special promotional purposes may not exceed a
height of t~venty-five feet above the building where the special event is occurrulg;
e. Meets the tenant schedule in subsections C or p 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 withul the
p,uUlic right-of-way and the like, u1 relation to the type of activity and the
appropriateness of the activity to the surroLUlding neighborhood.
3. There is no specific limitation on the number of traffic/parking directional si~-ns
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 u1 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.
~-20
C. A temporary si~1 and center-~vide event signs may be permitted in accordance
with the follo~ving schedule:
Nu~nber of Tenants Number of Signs
Permitted
3 tenants to 6 tenants --1 tenant display or
1 center display
7 tenants to 13 --1 tenant display +
tenants 1 center display
14 tenants to 20 --2 tenant displays +
tenants 1 center display
21 tenants to 27 --3 tenant displays +
tenants 2 center displays
28 tenants or more --4 tenant displays +
4 center displays
D. 1. Shopping centers with approved electronic readerboard simis shall only be
allowed building mounted Uanners.
2. Freestand'u1g temporary or special event signs for individual tenants are not
allo~ved.
3. Special event s b~ns for center-wide special events are allo~ved in accordance
with the follo~vulg schedule: .
Nu»zber of Tena~zts Nu~liUer of Signs
Pe~7nztted
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 inaximum duration regulations contained in this chapter, all special
event temporary signs must Ue 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. 1987,
(part), 2006; Ord. 1926, ~1 (part), 2004; Ord. 1796, (part),1998; Ord.1755, (part),1997;
Ord. 1624, (part),1993)
7-21
Exhibit 1
,
p,,
A ~I 4i' '4
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~
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t"i~4!~~V f~W~~ : W
a °h 1
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~ Applicable Downtown/commercial Downtown and other special 1 Commercial _A?~it
.
t
.outl
Commercill
„,~ ~
~x~
~' "~
„~~~,M; ~ 3 Area Commercial Districts Willow,
~
~ "~~'~'~~~~~ ~
'
h~ ''
~~`~~
'}~ n ~ Alameda)
~~
ia
ir
~ Y`Fq ~ ~~4k~
' .
~~,~~~~~ mt
j Scope A-frame (or similar signs), A-frame, allowed 'u1 public A-franle (annotulculg special A-frame (o~• siruilar), florverpots, flozvei•
'`~ ~~'~~
F Nl~t Y ~ I `N~
M °~rl~~
I41 ~ flowerpots flower carts
/ / rights-of-way (adjacent events or graizd openulgs), carts, stalues (otlte~• siruilar decarntive
A
~:
~'~„'~',~r=~«~
u~~~ ~: ~~
~u
statues, sculptures (other
property owners).
Uuild'u1g mounted baiulers,
itc~ns c~s dce~ued appropriatc G~ the
,
r,'"'~""" sintilar decorative items), project announcement, real Conimunity Devefopneent Direclo~•). Or~c
~
°a~ ~~, 'i'S`~~ ~`
~
,~,, ~;~~4,
outdoor d'u1u1 furniture
S
estate, sales/leasulg,
Goth privale and iristituliotTall~ aorzecl
,
~,~~ %; ~~"~s~~~~~p (associated railings or subdivision signs. On private ~roper[ies (ezcept public pa~•kzuuy area
G,; ~~~~;,~~'~ ~`:
, ~ ~,~y~ ~,~ ;. . enclosiues). On both private properties only. artd/or public rigltt-of-TUays).
,'~~! ~~ ; `~',~w~
,~ and public pro~erHes.
~ ~
'°'f '-~ ~~
(~' ~~d
Objectives
NA.
NA.
NA.
PuGlic Objectives:
t t R.r
,,; n~°,~~
,~
^
~
• Provide atlractivc, effectivc ar~d
~,
. ~
's~ n~,,~ ~;
visible idenEificution refleclin~ tlie
` ,''~~~ ' individual chcrracte~• of thc
~
1(~ ` ; ~7C15111CSS.
~
' ~'~rY~ ~~~~ ' GI [I1C111CC ~7CC~CStI'lGil i Ca'~7CYlCi1C~,
~, ,~ ~
'
~ ~
activify and convenierrce.
'
~
µ • MGit/4l([lit tFIC CCOYLOI111C SICiGtlll f Of
"
i lk i / tlie City Gy enliancir~g vilalrty of
T~~~~t :
,
~~ ~
~
busirTess.
~
:
f
', ~~~,
Tiine limit
30 days and auto extended
NA.
120 days max. ut a calendar
30 da~s rziTd uuto extendect ~.uzless
~A :,~ ,~ '`
~
~~~
~~
~ tulless Community year. Corirr~cunity Developmenl Directo~• issues
,
;
r
;;,~~~~, ;; DevelopnZent Director issues an ex~iratiori notice.
A,'? ~, ~' v an ex iration notice. '
`~k~" ~~'~~'~~~'
~
~
` Design Appropriately designed, NA, Does not requue advance NA. Appropriatel~ desigried, executed and
~s
~ `
`~~~
~~
~ +~ ~~ ~~< 1Zeview executed and mauttauted. review and a roval.
PP maintairied zvith the ollozvin e~u hasis:
f 8 l~
~
"° ~ ~'
F { ~~,,, >~, ,,, ~ Complementary to the
°'~E'~;q~;~~ ~'~
~
' appearance and operation of ^ Not be illuminated. ^ Creative design cllaracter
`',~
f ' ;;~
, ~
~~~ ;,
~,
ihe Uusuless district.
~ Constructed of duraUle
Lusinesses are encoui~aged to
a
°~'?~s ~~` `~
~b,~ ~ ~~ Signs/taUles/chairs/outdoor materials that are design sigiTS t1Tat are embleiuatic
.
~' ^M~'~w, ~~`ry '~ W'
~ {~
dining ~rea railu~gs or ofller
weather and rust
or a caricature of the products or•
'"? ~' <.;:
~
~i:
sirnilar enclosures shall be of
resistant and shall have services offered.
. ~
a
,
~.{~# ~;
~
~ '~
WOOD or METAL.
a neat and professional
• Qualit~ of color artd ncaEerial
'" ^
%
'
~
~
` Maintauled per the approved appear~tce. ,(viG~~ant and zveatbur resistanE)
'"
~ ~ exhibit or plans. ^ Corriple~ttentary l~o the Guilding
k ` 'p: . urchilectau~e and the o~eratiori o f
~ '`~' ~~ the business arca.
_1
~ ;. a , jrF ~~ ~a,~,.~: ~ ~
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~~w~s r~
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,
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w~l ~~~~E ~'~ ~~:~ ~~
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1'~+,~~a;~S~~, ~k~i.h
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• E11~1R11CCN[C11f I0 IIIC OUCI'CiII
U~~7CG~PGi11CC Q11G~ EQX~III'C Of f~1C
~1CCfC'S~YlRl1 5~10~7~IT1~ C~'pCl"ZCIICC.
^ No illumi~r~aEiori
~~ ~;"1 a~,~"~~~ Specific A-frame: A-Fraine: A-fame: A fi~ancc:
~;
~°~'~~~~d~~~~
a ~~~~r1~
standards
^
4 s.f. max. ^ 8 s.f. inax. ^ 32 s.f. per face ^ 8 s.f. ntax.
~~~~t~~~'~~E~,~,~ q'~~; ^ 2'-6" min. height. ^ 3'-0" mir-. height. ^ 6'-0" m1x. height. ^ 3'-0" mi.~l. lieigl~t.
``"~` w~~ t~~"
~~y~~~
4 ^ 5'-0" max. height. ^ 4'-0" max. height. ^ 2 faces inax. ^ 4'-0" niccx. height.
~ II I
~~' " C~
t+a~' ~~~vc ~
{
^ May only Ue
^ 2'-0" max. width.
^ 1 per busu~ess (one
' 2'-0" nina. zvidfh
r'~~ w~~,~~~~
~~F
~ displayed di,uing ^ May only be dis~layed additional for first • Ma~ only be displa~ed c~ctri~ig
Y fir~ ~
~
'
h~~~~~~,~,~ ;
~
Uusiness hour and
during daylight
year busulesses).
(~usiness liour and onfy identif j
7°
° ~~`
~~' 4~~~ ti
only identify the
Uusuless hours.
^ Shall not Ue set into lhe nurr~e o lhe busirtess, lllc mcr~ic
.f
,~,;,~~~ ~ M~"~"a
~~ name of the busuless, ^ 18" setUack from ihe the ground. offered and/or special event.
~ ~,
` "` ^
, ~ '~~~ ~, the menu offered F.O.C. • Removed at close of ' 2~-0" I/1111. fi~au cui•b (fo~• car c~oa•s
~~~~~~;k ~~~Y
~'
° and/or special event. ^ 15'-0" away from bus business each day. a?~ecf overhang).
~' udt~' "+~
A
~a ~ tA
~~ ~
`~ ' ~'~ ~~~
Umbrellas:
stop zone or bus stop
Baiuter: CrC11 CYG1~:
~' ~' ~'"~',~~
^ G'-6" muz. vertical
funuture (whichever
^ 100 s.f. max. ^ 5'-D" ped. zvnik.
h'" ~~`+1~„~
+'~ '"'~* ~
~ clearance. . distance is greater).
. ~
' ^ Bldg. mounted only. ' 15'-0" azvay fi•o~ii btics stop zorics
or Gus stop fUl'111tU1"C
~
~~~rrl~~ k
Fumiture:
^ 2-0
setbaclc from any
Misc: .
~
4'
0"
•
di
bl
1~~ ~
~~~i~~ 1~, ~~~
^ 2-0 min. fronl curb
driveway or curb cut
^ Oiher special -
azvay fi
oiri an~
sa
ed
~s, ~",~
~~~~;
(for car doors and
access ramp.
promotional devices ]7Cii"~CZ7'1~ Z011C.
~
Sliall ~tot Ge attndTed to ti•ees
,~~ ; overhang). ^ 4'-0" setUacl<from any (balloon, search •
,
[
l
j
~
~~~'~ ~` ~~'~'~'
'
~~~~ Other Misc: dislUled arkul zone.
~' g li hts n1a Ue
g ~ y an1pposEs, ticEi
iE~ po
es, street or
~
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Fachibit D ~~~~
OLD BUSINESS
3. MCA-2008-02 Munici~al Code Amendinent of Chapter 17 allowing temporary
City of Cupertino outdoor signs or displays. Co~atinued from tl~e July 8, 1008
Citywide location Planning Conzmission meeti~7g. Tentative City Council c~ate:
August S, ?008
Gary Chao, Senior Planner, presented the staff report:
~ Said that outreach efforts for the process included creation of an infoi7z~ational «~:b pa~e on the
intemet including sections of the ordinances and links to the city channel. Ad~-ertisements iu the
newspaper were placed, and notifications were sent to the business coirununity soliciting input and
comments; no input has been received to date.
• The City Council directed the Planning Commission as part of this year's «ork program to ]ook at the
existing sign ordinance to focus on making the ordinance more business friendly. The scope of
revie~~v for the meeting will focus on temporary outdoor displays and signs and the allowable tiine for
temporary banners. He added that staff will look at the ordinance comprehensively to deternune if
there are other areas of the sign ordinance as a whole that need to be enhanced; ho~~vever, he said he
felt that the agendized issues deserve more urgent attention because conceins have Ueen expressed
from the business corrununiiy about deficiencies and visible problems ~~vith A-frame signs.
• He reviewed the guidelines for temporaiy signs as outlined in the staff report.
• Staff has surveyed adjacent cities with successful business districts and cities that do not have
codified guidelines for A-frames, but allow them; and also cities that have guidelines for temporary
displays. Staff feels that there is a solution to enhance the ordinance by inserting objectives to
promote or enhance pedesh-ian experience, activities and convenience and also .to maultain the
stability of the city's economy and also to provide opportunities to attract and provide effective
visible signa;e for individual businesses.
• All objectives are to encourage creative and ath-active signage. Staff also recom~nends placing a set
of design criteria in the ordinance to ensure high level and high quality cr~ati~~e si~*~1s. ~Vith the
proposed ordinance amendinent, staff also is suggesting that the Planning Commission allo~v
revocable permits in exchange for higher quality designed signs ~vith the property owner assuming
liability, in the event the design criteria provisions or liability provisions are not met, that the city can
take revocation action and reinove their rights.
• Summarized suggestions in ternls of applicability of the ordinance:
• That it applies not only to portable displays or typical A-frames, Uut also should be flexiUle to
allow flowering pots, statues, similar devices. Showed photos of examples of specialty shops
displayed in other cities.
• Relative to perniitted locations, the temporary displays be allowed on private property or
institutional zones not in the public right-of-way. Revocable unless expiration date is specified
or revoked by the Planning Department. The signs must be brought in after business hours.
• The most important part of the amendment proposal, staff is suggesting a key design criteria be
implemented in that the signs be creative; the colors must be vibrant and weather resistant and
complementary to the building architecture and operation of the business and to help enhance
the overall appearance and texture of the shopping district.
• The Planning Commission consider changing the language of the 120 days allowance for
banners in a calendar year to be allowed up to a maximum of 120 days within a period of 360
days. ~
• Staff recommends approval of the ordinance amendment MCA-2008-02 and the wording change as
referenced in the model resolution.
7-25
~ ~~
Coin. Brophy:
• Questioned if the baimer signs on some apartment complexes about units for rent are included in the
sign ordinance.
Steve Piasecld:
• Said that such baru~ers are covered in dze temporary sign ordinance and should be limited to the 120
days, and they may be exceeding the limit. It is problematic and difficult to enforce.
Co~n. BroPh~~: .
~ Said that lle understood the inte~zt of the oi-dinance; SOIIlZ Of tll~ SI~T11S SIlO\Vll 111 II12 ~I]OtOS Of OCIlZf
cities, may not work for businesses along So. DeA.nza Boulevard, and he was unsure whetl~er or not
they had a realistic approach for what the problem is.
• Relative to the revocation process, would it be fair to say that what most likely would h-igger that is
one or more complaints about a sign.
Gary Chao:
• Said that fundamentally people are putting out A-frames regardless; the tendency of people wanting
to have longer time and baruler time, or in this case a temporaiy sign time, the ordinance has been a
deteiYent for people to come in to ask for pennission because they can only have the sign for 120 days
in a year. As a result, they just do it on the weekends or after hours. Hopefully the idea also
indirectly is to allow people to have a longer time period. In this case it would be revocable;
hopefully people would take that as a key and come in and get something permanent so the city can
have some say in tenns of location and desi~l. They are hying to address that concern.
~ If a complaint is received about a sign, the Code Enforcement would go to the Plamling Departineut
file and look to see if there is a pernlit on file. If the ordinance is approved, a requirenient may be
that the businesses ~~~ould come in and submit a site plan delineatin~ the location of tl~e si~~age and
elevation so ~~~e ~~~ould have some basis to refer to if there is a proUlem in the fuhu•e.
Steve Piasecki:
• Said they feel the ordinance has potential to be more liberal for the business o~vners aud easier fi-om
the city standpoint, if you invest in an attractive sign; it can be up 365 days a year anytime; you just
agree where it is going to be placed, and it goes on record and if we look out there and see an
unattractive A-frame ~~ve will lrnow that ~~ve have not approved it.
Com. Brophy:
• Said his concern is that the kind of businesses that are most reliant on this form of advertisement are
not going to be the Seaxs or Targets in the city, but rather the small businesses, and asldng them to
come in with a design plan seems to create more of a burden on them than the benefit might be.
• If going this route, they need to clarify that they do not need to go out and hire a designer to bring in
a set of plans. They could bring in the proposed sign.
Steve Piasecki:
~ It seems to have worked in similar situations in other cities; the Los Altos example, small businesses
in downtown San Jose, Los Gatos to some degree. .
Chair Miller opened the public hearing.
Jennifer Griffin, Rancho Rinconada resident:
• Said that A-frame signs can be well designed; they make the city walkable, pleasant and adds
surprise to the area. It is fair to ask the businesses in the city to advertise their products to the
~-2s
~~~_~~
highest standard.
Jackie Streeter, Owner of Coffee Society:
• Said she supported the sign ordinance amendments, especially the 120 days on the A-frame. She
said that the A-frame placard was useful in her location by the library since many people are not
aware that the business, city center and library are located there.
• She said that the timeframe for the A-frame sign ~~~as detrimental to her business and securing new
customers. She said she would prefer that the sign be allowed all year long as tl~ey were open 7 days
per week ~~~ith the exception of some holidays.
Gary Chao:
• Clarified that the A-frame signs did not have a time linutation for display. Unless an expiration date
is s~ecified in the peinlit, the display days are not limited. The bamler time period is 120 days.
Chair Miller closed the public hearing.
Chair Miller:
• Asked why they were not looking at a broader change to the sign ordinance, such as bigger signs.
Steve Piasecki: ~
• Said they would be; but they felt that addressing the temporary sigus was an inunediate need. They
planned to address the sign ordinance, making it more business fi-iendly in a more generic sense.
Motion: . 1~'Iotion by Com. Kaneda, second by Coin. Rose, to approve 1~~ICA-2008-02. (Vote: 4-0-
0; Com. Giefer absent)
7-27