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DRC Reso 325 EXC-2014-13 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 325 � OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW AN EXPOSED LED BORDER ON A NEW WALL SIGN LOCATED AT 10100 S DE ANZA BLVD. SECTION I: PROJECT DESCRIPTION Application No.: EXC-2014-13 Applicant: Tony Rago (Rago Neon, Inc. for Armadillo Willy's) Location: 10100 S De Anza Boulevard (APN 326-31-021) SECTION II: RECITALS: 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 project has been determined to be categorically exempt from the California Environmental Quality Act; 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: SECTION III: FINDINGS 1. 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 sign is consistent with the intent of the Sign Ordinance in that it minimizes glare and distraction to motorists, bicyclists, pedestrians, and neighborhood residents. The lighting intensity also has the ability to be reduced if deemed necessary by the City. 2. 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 sign 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 City's Traffic Engineer does not anticipate traffic safety issues with the exposed LED border. The project also includes automatic dimming technology to reduce glare and will not include animated messages. Resolution No.325 EXC-2014-13 December 18,2014 Page-2- 3. 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 strict application of the ordinance standards would not allow the LED technology that is currently being used in commercial signage applications. The illumination intensity and appearance of the sign addresses the intent of the City's Sign Ordinance since it would not create distractions nor impact the City's aesthetic appearance. 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-2014-13, 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-2014-13 as set forth in the Minutes of Design Review Committee Meeting of December 18, 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 November 12, 2014 entitled, "Armadillo Willy's, 10100 S De Anza Blvd., Cupertino, CA 95014," drawn by Rago Neon, Inc., consisting of 10 sheets labeled 1- 10; 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 a new wall sign with an exposed LED border. The color of the LED border shall be white, and the background shall be black. Alternative colors may be reviewed and approved by the Director of Community Development. 4. ILLUMINATION INTENSITY AND HOURS OF ILLUMINATION The intensity of the ground sign shall not exceed 250 foot-lamberts. All illuminated signs shall be turned off by 11:00 p.m. A letter from the business operator shall be provided prior to final building permit approval acknowledging this condition of approval and incorporated in the building permit plans. 5. LED SIGN REQUIREMENTS The following requirements shall apply to the LED sign: a. The sign shall not display anunated messages, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement. b. The sign shall not include any audio messages. Resolution No.325 EXC-2014-13 December 18,2014 Page-3- c. The sign shall utilize 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 prior to final inspections 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 tumed on. f. The difference between the ambient light measurement and the operating sign light measurement shall be three tenths foot candles or less. g. The sign shall comply with Section 13532 of the State of California Business and Professions Code and all other State regulations regarding LED signage. 6. LIGHTING INTENSITY ADJUSTMENT The City reserves the right to require the applicant to utilize dimming technology to adjust the lighting intensity of the sign when deemed necessary. 7. 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 shall conduct a public hearing on the Sign Exception at which time, the approval for LED signage may be modified or revoked. T'he City reserves the right to require additional measures to reduce lighting intensity if deemed necessary. 8. SIGN PERMITS REQUIRED The applicant shall consult with the City's Building Division to obtain the necessary sign permits for this project. 9. CONSULTAT'ION 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. 10. 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 Resolution or any perxnit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attomeys' fees and costs incurred in defense of the litigation. The applicant and City shall use best efforts to select mutually agreeable legal counsel to defend such action, and the applicant shall pay all compensation for such legal Resolution No.325 EXC-2014-13 December 18,2014 Page-4- counsel, following the applicant's receipt of invoices from City, together with reasonable supporting documentation. Such compensation shall include reasonable compensation paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. If the applicant and the City cannot in good faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing, separate from the applicant's litigation counsel. 11. 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 exactions. 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 18t'' day of December, 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, Brophy NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: Takahashi ATTEST: APPROVED: /s/Gar�Chao /slWinnie Lee Gary Chao Winnie Lee, Chair Asst. Director of Community Development Design Review Committee