Ordinance No. 08-2030 Banners, Signs, and Displays ORDINANCE NO. 08-2030
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING SECTIONS 17.08.010 AND 17.32.090
RELATING TO TEMPORARY 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 Banner" means any temporary sign constructed of pliable materials such
as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and
rain without significant deterioration, and which does not require a building permit for its
construction, or installation outside of a building.
"Portable Sign or Display" means any outdoor sign or display not permanently attached to
the ground or a structure on the premises it is intended to occupy and displayed only during
business hours. Portable sign or display includes A-frames, flower carts, statues, and other
similar devices used for advertising as determined by the Director.
[Note: The previous definition of "portable sign" contained in Section 17.08.010 is repealed.]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 hours or for limited time periods as specified by
the Director of Community Development.
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
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Special Event Banners, Promotional Devices, and Portable Signs and Displays are
permitted in all commercial, industrial, office and institutional zoning districts
subject to the issuance of a permit by the Director which conforms to the
provisions of this section.
B. Public Objectives
• 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
roofline levels.
4) Unless otherwise determined by the Director, the display of the banner shall
be subject to the tenant schedule for shopping centers as provided in
Subsection 17.32.090. (E)
D. Promotional Devices
In addition to Special Event Banners described in Paragraph C above, the Director
may issue a permit for a Promotional Device for each business within the above-
described zoning districts under the following provisions:
1) For advertising a special event for an existing business, promotional devices
may be displayed for a maximum three-day period, four times within a
calendar year.
2) For conducting a grand opening of a new business, promotional devices (other
than search lights, hot air balloons or other extremely large devices as
determined by the Director) may be displayed during the first year of a new
business's operations for the sole purpose of announcing the grand opening of
that business.
3) The device shall not displace parking or be located in a landscaped front set
back area.
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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 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 Department,
traffic/parking directional signs may be used in conjunction with a
Promotional Device during the period of the special event or grand opening.
The number and placement of traffic/parking directional signs may be
restricted by the Director or the Public Works Department in order to insure
adequate sight distances and traffic safety clearance are maintained as required
in Section 17.32.010.
E. Tenant Schedule - Shoppin~ 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:
Number of Tenants Number of Signs
Permitted
3 tenants to 6 tenants --1 tenant display or 1
center display
7 tenants to 13 tenants --1 tenant display + 1
center display
14 tenants to 20 --2 tenant displays + 1
tenants center display
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21 tenants to 27 --3 tenant displays + 2
tenants 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:
Number of Tenants Number of Signs
Permitted
20 to 27 tenants --2 center displays
28 tenants or more --4 center displays
F. Portable Si~ns and Displavs
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:
1) Portable signs and displays may not be located in areas, either on public
or private property, which are used by the public for vehicular or
pedestrian traffic or in other areas, which in the opinion of the Director,
are a threat to the public health, safety or welfare.
2) Portable signs and displays shall not be permanently attached to the
ground or a structure on the premises it is intended to occupy and shall
only be displayed during business hours.
3) Design Review Criteria
Portable signs and displays shall be appropriately designed, installed
and maintained with special emphasis on the creative design, character
' and quality of color and material (vibrant and weather resistant). They
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shall be complementary to the building architecture and the operation of
the business area and shall enhance the overall appearance and texture
of the pedestrian shopping experience.
4) ~ecific 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 required landscape setback area.
5) 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.
F. Permit Procedures '
The issuance, modification, revocation, and appeal of any permit under this
section are governed by Chapter 17.12 of this title. Notwithstanding the above,
any appeal of any permit under this section shall be made to the Design Review
Committee.
G. Removal of Si~ns
1) All banners, devices, signs and displays issued under this Section must
be removed not later than five (5) days after the conclusion of the
Special Event or grand opening to which they pertain.
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.
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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 2nd of September 2008 and ENACTED at a regular meeting of the City Council of
the City of Cupertino the 16th of September 2008, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes: Sandoval, Mahoney, Wang, Wong
Noes: None
Absent: Santoro
Abstain: None
ATTEST: APPROVED:
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City Clerk Mayor