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DRC Packet 01-21-2016CITY OF CUPERTINO AGENDA Thursday, January 21, 2016 10300 Torre Avenue, City Hall Conference Room C DESIGN REVIEW COMMITTEE 5:00 PM PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Draft Minutes of October 16, 2014 Recommended Action: Approve or modify the Draft Minutes of October 16, 2014 Draft Minutes of October 16, 2014 ORAL COMMUNICATIONS REPORTS/UPDATES PUBLIC HEARING ITEMS 2.Subject: Sign Exception to allow exposed neon on two signs for a new coffee shop (Philz) at the Main Street Cupertino mixed use project. Application No (s).: EXC-2015-02; Applicant(s): David Esajian (Main Street Cupertino); Location: 19439 Stevens Creek Boulevard APN#:316-20-115 Recommended Action: approve application EXC-2015-02 per the draft resolution Staff Report Draft Resolution Site Plans NEW BUSINESS OLD BUSINESS ADJOURNMENT Page 1 CITY OF CUPERTINO January 21, 2016Design Review Committee AGENDA In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment portion of the meeting. Please limit your comments to three (3) minutes or less. Page 2 CITY OF CUPERTINO Design Review Committee October 16, 2014 Cupertino, CA 95014 (408) 777-3308 ACTION MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON October 16, 2014 ROLL CALL Committee Members present: Winnie Lee, Chairperson Alan Takahashi, Commissioner Committee Members absent none Staff present: Kaitie Groeneweg Staff absent: None APPROVAL OF MINUTES: August 7, 2014 Minutes of the August 7, 2014 Design Review Committee meeting were approved as written WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATION: None CONSENT CALENDAR: None PUBLIC HEARING: 1.Application No.(s): EXC-2014-11 Applicant:Judy Hui (Shell Service Station) Location:20999 Stevens Creek Boulevard Sign Exception to allow LED signage on one existing fuel price ground sign and to allow one additional wall sign Design Review Committee decision final unless appealed. Staff Member Groeneweg explained that the application has been referred to the Design Review Committee because of the LED lighting proposed for the sign. The Current Sign Ordinance currently does not address LED signage. The proposed sign does meet the intent of the Sign Ordinance in that the sign can is programmed to automatically adjust the brightness, is free from obtrusive glare and will be turned off at night. The sign will only illuminate gasoline pricing, not worded messages. Staff has done some additional research and asks that the draft resolution be modified to allow for green colored lighting on the lower portion of the sign. The applicant spoke to say that this sign exception request is very similar to the one heard by the Design Review Committee for the Valero Service Station a few 2 Design Review Committee October 16, 2014 months ago. The Committee members asked for clarification of the placement of the wall signs. Staff Member Groeneweg explained that one would be facing Stevens Creek Boulevard and the other would be facing the back of the building – one on each side where there is fueling. MOTION: Commissioner Takahashi moved to approve EXC-2014-11 per the draft resolution with the addition to allow green lighting as noted above. APPROVE: Chair Lee, Takahashi ABSENT: none ABSTAIN: none VOTE: 2-0-0 OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: /s/Beth Ebben Beth Ebben Administrative Clerk DESIGN REVIEW COMMITTEE STAFF REPORT Agenda Item No. Agenda Date:January 21, 2016 SUBJECT: Sign Exception to allow exposed neon outline on two new wall signs for a new restaurant located in the Town Square at Main Street Cupertino. (Application No.: EXC-2015-02; Location: 19439 Stevens Creek Blvd, Main Street Cupertino, APN: 316-20-112; Applicant: David Esajian (Philz Coffee); Owner: Main Street Cupertino Aggregator LLC) RECOMMENDATION: Staff recommends that the Design Review Committee approve the Sign Exception (EXC-2015- 02) allowing the exposed neon for the two new wall signs, in accordance with the draft resolution (Attachment 1). PROJECT DATA: General Plan Designation:Commercial/Office/Residential Special Area South Vallco Gateway within the Heart of the City Special Area Zoning Designation:P(CG, OP, ML, Res) Specific Plan:Heart of the City Specific Plan PAD 1:2,000 square feet Lot size:18.7 acres Allowed/Proposed Ground Sign:None/None Allowed/Proposed Wall Sign:Two/Two Project Consistency with: General Plan:Yes Zoning:Yes Main Street Sign Program Yes Environmental Assessment:Categorically Exempt, Section 15301 (Existing Facilities) COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 EXC-2015-02 19439 Stevens Creek Boulevard January 21, 2016 Page 2 Figure 1: Main Street Cupertino Project Location N BACKGROUND: Site Description On September 4, 2012 City Council approved the Main Street Cupertino mixed use project consisting of 130,500 square feet of retail, a 180-room hotel, a five-level parking garage with two levels of underground parking, 260,000 square feet of office, a 120-unit market-rate live/work rental loft residential development with a 9,146 square foot retail condominium unit and shared parking plan. The 18.7-acre Main Street project is located at the northwest corner of the Stevens Creek Boulevard and Tantau Avenue intersection. The site is bounded by Stevens Creek Boulevard to the south, Tantau Ave to the east, Vallco Parkway and 19800 mixed-use developments to the north, and the Metropolitan mixed-use development to the west. The project incorporates twelve separate commercial/retail buildings labeled as Pad 1-3, Shops 1-8, Major Retail, and Flex 1-2. The subject property, was previously reviewed and approved through the master permits (M-2013-03, and ASA-2012- 15) for the use of space, architectural style of the building, landscaping, and parking requirements. The office and commercial components of the project have been constructed. The apartments, hotel, park, major retail, and shop 6 are under construction. DISCUSSION: Application request The applicant, David Esajian with AdArt and representing Philz Coffee, is proposing to construct two new wall signs which include exposed neon tubing (see Attachment 2). The City’s Sign Ordinance requires signs with directly visible light sources like exposed neon to be reviewed and approved by the Design Review Committee with a Sign Exception application. Proposed Signage and Exposed Neon There are two new signs proposed for Philz Coffee; one on the north elevation facing Vallco Parkway which would be located 375 feet from Vallco Parkway, and the second on the south elevation facing the interior of Main Street Town Square and not directly visible from the right EXC-2015-02 19439 Stevens Creek Boulevard January 21, 2016 Page 3 of way. The sign on the northern elevation is 3.5 feet tall by 3 feet wide, and the sign on the south elevation is 4 feet tall by 3.75 feet wide. The sign materials compromise of aluminum with a satin paint finish that includes colors tan, brown, and white and a white exposed neon tube that outlines the letters “Philz Coffee” and the business’s logo in the shape of a coffee cup with steam. Permanent signs are required to meet basic design guidelines as specified in the Sign ordinance, which these signs meet. The exposed neon outline is compatible with the style of the proposed signs and serves as a decorative design element highlighting the content of the sign copy. The Main Street Sign Program allows for exposed neon as an architectural element on a sign with both property owner and City approvals. North Elevation Sign South Elevation Sign Nighttime View Nighttime View The City’s Sign Ordinance does not specifically have specifications regarding illumination pertaining to exposed neon signage; however, the ordinance does contain illumination restrictions for signs in general. The illumination restrictions on the light sources are intended to limit glare and distraction to motorists, bicyclists, pedestrians, and residents in the neighborhood. These requirements have been added as conditions of approval for this project. As conditioned, the cumulative illumination intensity of the signs with exposed neon outline is within the 250 foot lamberts allowed by the City’s Sign Ordinance. Moreover, the exposed neon outline is the only part of the sign that is illuminated. OTHER DEPARTMENT/AGENCY REVIEW The City’s Building Division and Public Works Department have reviewed the project and have no objections. No additional conditions of approval have been imposed by these departments. EXC-2015-02 19439 Stevens Creek Boulevard January 21, 2016 Page 4 OUTREACH/NOTICING The following table is a brief summary of the noticing done for this project: Notice of Public Hearing Notices &Site Notice Agenda Site Signage (10 days prior to the hearing) Notices mailed to property owners adjacent to the project site (10 days prior to the hearing) Posted on the City's official notice bulletin board (one week prior to the hearing) Posted on the City of Cupertino’s Web site (one week prior to the hearing) No comments were received from any member of the public at the time of staff report production. PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 – 65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received: December 3, 2015 Deemed Complete:December 23, 2015 The City has 60 days (until February 23, 2014) to make a decision on the project since this project is Categorically Exempt from CEQA. The Design Review Committee’s decision on this project is final unless appealed to the City Council within 14 calendar days of the decision. CONCLUSION Staff recommends approval of the project since the conditions of approval address all concerns related to the proposed project and all of the findings for approval of the proposed project are consistent with Chapter 19.104 of the Cupertino Municipal Code, may be made. Prepared by:Tiffany Brown, Associate Planner Approved by:Piu Ghosh, Principal Planner Attachments 1. Draft Resolution 2. Plan Set EXC-2015-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW EXPOSED NEON OUTLINE ON NEW WALL SIGNS LOCATED AT 19439 STEVENS CREEK BLVD. SECTION I: PROJECT DESCRIPTION Application No.:EXC-2015-02 Applicant:David Esajian (Philz Coffee) Location:19439 Stevens Creek Blvd 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; 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: 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 as conditioned the illumination restricts the lighting intensity of the neon tubing and signage, and, therefore minimizes glare and distraction to motorists, bicyclists, pedestrians, and neighborhood residents. 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 in that the City’s Traffic Engineer does not anticipate traffic safety issues with the exposed neon outline on the signs. DRAFT Resolution EXC-2015-02 January 21, 2016 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 neon 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 plans, 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-2015-02, 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-2015-02 as set forth in the Minutes of Design Review Committee Meeting of January 21, 2016, 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 December 3, 2015 entitled, “Philz Coffee Neon Signage”, 19439 Stevens Creek Blvd., Cupertino, CA 95014,” drawn by AdArt, consisting of 5 sheets labeled 1-5; 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 neon outline. The color of the neon outline shall be white and tan. Alternative colors may be reviewed and approved by the Director of Community Development. 4. NEON ILLUMINATION INTENSITY AND SIGN REQUIREMENTS The following requirements shall apply to the neon signs: 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. DRAFT Resolution EXC-2015-02 January 21, 2016 Page - 3 - c. The sign should incorporate 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. This shall be incorporated in a report and submitted to the City. 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. 5. 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. 6. SIGN EXCEPTION REVIEW/ADDITIONAL RESTRICTIONS If complaints are received related to the intensity of the noen 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 neon signage may be modified or revoked. The City reserves the right to require additional measures to reduce lighting intensity if deemed necessary. 7. SIGN PERMITS REQUIRED The applicant shall consult with the City’s Building Division to obtain the necessary sign permits for this project. 8. 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. 9. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the DRAFT Resolution EXC-2015-02 January 21, 2016 Page - 4 - applicant to 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 shall pay such attorneys’ fees and costs within 30 days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts 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. 10. 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 21st day of January 2016 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: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: _____________________ Piu Ghosh Chair Principal Planner Design Review Committee