DRC Reso 319 EXC-2014-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 319
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN
EXCEPTION TO ALLOW LED SIGNAGE ON TWO EXISTING FUEL PRICE GROUND SIGNS
LOCATED AT 10002 NORTH DE ANZA BOULEVARD (APN 316-26-095)
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2014-01
Applicant: Sal Pablo (Valero Service Station)
Location: 10002 N. De Anza Boulevard (APN 316-26-095)
SECTION II: FINDINGS FOR A SIGN EXCEPTION:
WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Sign
Exception as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the Design Review Committee has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Design Review Committee finds as follows with regard to this application:
a. That the literal enforcement of the provisions of the Sign Ordinance will result in restrictions
inconsistent with the spirit and intent of the ordinance.
The proposed signs are consistent with the intent of the Sign Ordinance in that they minimize glare and
distraction to motorists, bicyclists, pedestrians, and neighborhood residents. The LED numerals function similar
to the existing plastic numerals in that they change depending on fluctuations in fuel pricing. The lighting
intensity will also be similar and has the ability to be reduced if deemed necessary by the City.
b. That the granting of an exception will not result in a condition which is materially detrimental to the
public health, safety, or welfare.
The proposed signs will not be detrimental or injurious to property or improvements in the vicinity, and will not
be detrimental to the public health, safety, or welfare. The project includes automatic dimming technology to
reduce glare and will not include animated messages.
c. That the exception to be granted is one that will require the least modification of the prescribed design
regulations and the minimum variance that will accomplish the purpose.
The project does not propose to add additional signage nor increase the size of the existing signs. Moreover, the
strict application of the ordinance standards would not allow the LED technology that is currently being used in
other service stations throughout the region. The illumination intensity and appearance of the signs address the
intent of the City's Sign Ordinance since they would not create distractions nor impact the City's aesthetic
appearance.
Resolution No.319 EXC-2014-01 June 19,2014
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NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, the
application for a Sign Exception, Application no. EXC-2014-01, is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application no. EXC-2014-01 as set forth in the Minutes
of Design Review Committee Meeting of June 19, 2014, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received on May 7, 2014 entitled, "Valero, 10002 N. De Anza Blvd.,
Cupertino, CA 95014," drawn by Sign Development Inc., consisting of 4 sheets labeled 1, 2, 3, and PID-
1; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROjECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage, any
relevant easements and/or construction records. Any misrepresentation of any property data may
invalidate this approval and may require additional review.
3. EXCEPTION APPROVAL
A Sign Exception is hereby granted to allow LED gasoline price signage and a new background to
replace the existing sign faces on two existing ground signs at an existing automobile service station.
The color of the LED numerals shall be red, and the background shall be black.
4. ENHANCEMENTS TO EXISTING SIGNS
The following enhancements are required for both existing ground signs:
a. Paint the stucco and frame portion a muted earth tone color compatible with the building color.
b. Insta115" high address numerals on both sides of the sign.
c. Add additional landscaping at the base of the signs as determined appropriate by the Director of
Community Development. The address numerals may be free of landscaping.
d. The plastic "Car Wash" signage at the base of the signs shall be removed.
5. ILLUMINATION INTENSITY AND HOURS OF ILLUMINATION
The intensity of each ground sign shall not exceed 250 foot-lamberts. All illuminated signs shall be
turned off by 11:00 p.m.
6. LED SIGN REQUIREMENTS
The following requirements shall apply to the LED fuel price signs:
a. T`he signs shall not display animated messages, including flashing, blinking, fading, rolling, shading,
dissolving, or any other effect that gives the appearance of movement.
b. T'he signs shall not include any audio messages.
Resolution No.319 EXC-2014-01 June 19,2014
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c. The signs shall utilize automatic dimming technology to adjust the brightness of the signs relative to
ambient light so that at no time shall a sign exceed a brightness level of three-tenths foot candles
above ambient light, as measured using a foot candle (Lux) meter aimed directly at the sign face at a
distance of 100 feet from the sign.
d. An ambient light measurement shall be taken using a foot candle meter at some point between the
period of time between 30 minutes past sunset and 30 minutes before sunrise with the sign turned
off to a black screen.
e. Immediately following the ambient light measurement taken in the manner required above, an
operating sign light measurement shall be taken with the sign turned on.
f. T'he difference between the ambient light measurement and the operating sign light measurement
shall be three tenths foot candles or less.
g. The signs shall contain a default mechanism that will cause the sign to revert immediately to a black
screen if the sign malfunctions.
h. The LED copy may only contain fuel price numerals.
i. The signs shall comply with Section 13532 of the State of California Business and Professions Code
and all other State regulations regarding LED signage.
7. LIGHTING INTENSITY VERIFICATION
Prior to final occu�anc� of sign permits, a licensed lighting engineer shall confirm that the lighting
intensity is in compliance with the conditions of approval in this resolution.
8. SIGN EXCEPTION REVIEW/ADDITIONAL RESTRICTIONS
If complaints are received related to the intensity of the LED signage under this Sign Exception, and the
complaints are not addressed immediately by the property management, then the Design Review
Committee or Planning Commission shall conduct a public hearing on the Sign Exception at which
time, the approval for LED signage may be modified or revoked.
The City reserves the right to require additional measures to reduce lighting intensity if deemed
necessary.
9. SIGN PERMITS REQUIRED
The applicant shall consult with the City's Building Division to obtain the necessary sign permits for
this project.
10. TEMPORARY SIGNS
Temporary signs shall comply with the Temporary Sign regulations of the City's Sign Ordinance
(Chapter 19.104 of the Municipal Code). A temporary sign permit is required for a 11 banners, a-frame or
other freestanding signs (except those required by the State of California), and promotional devices.
11. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any submitted
data may invalidate an approval by the Community Development Department.
Resolution No.319 EXC-2014-01 June 19,2014
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12. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
13. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication requirements,
reservation requirements, and other exactiCoons. Pursuant to Government Code Section 66020(d) (1),
these Conditions constitute written notice of a statement of the amount of such fees, and a description
of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and other exactions,
pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally barred from
later challenging such exactions.
PASSED AND ADOPTED this 19th day of June, 2014, at a regular Meeting of the Design Review
Committee of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee, Takahashi
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/Winnie Lee
Gary Chao Winnie Lee, Chair
Asst. Director of Community Development Design Review Committee