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DRC Reso 324 EXC-2014-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.324 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW LED SIGNAGE ON AN EXISTING FUEL PRICE GROUND SIGN AND TO ALLOW ONE ADDITIONAL WALL SIGN LOCATED AT 20999 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: EXG2014-11 Applicant: Sal Pablo(Shell Service Station) Location: 20999 Stevens Creek Boulevard (APN 326-31-021) SECTTON 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 except from the Califomia 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: SECTTON 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 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. 2. That the granting of an exception will not result in a condition which is materially detrimental to the public health, safety, or welfare. Resolution No.324 EXC-2014-11 October 16,2014 Page-2- The proposed sign will not be detrimental or injurious to property or improvements in the vicinity, and will �'�� not be detrimental to the pubiic health, safety, or welfare. The project includes automatic dimming technology to reduce glare and will not include animated messages. 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 other service stations throughout the region. The illumination intensity and appearance of the sign addresses the intent of the City's Sign Ordinance since they 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-2014-11,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-2014-11 as set forth in the Minutes of Design Review Committee Meeting of October 16, 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 September 22, 2014 entitled, "Shell, 20999 Stevens Creek Blvd., Cupertino, CA 95014," drawn by Sign Development Inc., consisting of 13 sheets labeled 1-13; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT 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 an additional wall sign and LED gasoline price signage and a new background to replace the existing sign face on an existing ground sign at an 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 the existing ground sign: a. Install 5" high address numerals on both sides of the sign. b. 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. �`� � Resolution No.324 EXC-2014-11 October 16,2014 Page-3- 5. LED SIGNAGE LIGHTING COLOR LED Lighting colors will be limited to red, blue or violet, or other color as approved by the Director of Public Works on the three uppermost LED price numerals. Green or yellow lighting will not be permitted except on the bottom LED price numeral. 6. 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. 7. LED SIGN REOUIREMENTS The following requirements shall apply to the LED fuel price sign: a. The sign shall not display animated 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. c. The sign 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 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 turned 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 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 sign shall comply with Section 13532 of the State of California Business and Professions Code and all other State regulations regarding LED signage. 8. LIGHTING INTENSITY VERIFICATION Prior to final ins�ections of sign permits, a licensed lighting engineer shall confum that the lighting intensity is in compliance with the conditions of approval in this resolution. 9. 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. Resolution No.324 EXC-2014-11 October 16,2014 Page-4- ��� The City reserves the right to require additional measures to reduce lighting intensity if deemed � � necessary. 10. SIGN PERMITS RE UQ IRED The applicant shall consult with the City's Building Division to obtain the necessary sign permits for this project. 11. 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 all banners, a- frame or other freestanding signs (except those required by the State of California), and promotional devices. 12. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departrnents 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. 13. 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 �<'" '�A attack, set aside, or void this Resolution 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 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 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. 14. 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 Gover nment 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. ��,� Resolution No.324 EXC-2014-11 October 16,2014 Page-5- PASSED AND ADOPTED this 2nd day of October, 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: �=- _ � �. t -�':�" --�' �;`� Ga ao Winnie Lee, Chair / ``'Asst. Director of Community Development Design Review Committee