DRC Summary 080404
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
Planning Commissioners
From:
Steve Piasecki, Director of Community Development
Date:
August 5, 2004
Subj:
REPORT OF DESIGN REVIEW COMMITTEE FINAL DECISIONS MADE
August 4, 2004
Chapter 19.136 of the Cupertino Municipal code provides for
A eal of decisions made b the Desi n Review Committee
1.
Application
EXC-20O4-10; Mike Sedwick (Bright Horizons), 10253 N. Portal Avenue
Description
Sign Exception to allow additional signs at an existing child care center.
Action
The Design Review Committee approved the application on a 2-0 vote. This is
effective August 4, 2004. The fourteen-calendar day appeal will expire on
August 18, 2004.
Enclosures:
Design Review Committee Report of August 4, 2004
Resolution No. 165
Plan Set
G:planning/Drc,lOBO404 summaryletter.doc
EXC-2004-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
FOR A SIGN EXCEPTION TO ALLOW A MONUMENT SIGN CLOSER
THAN 100 FEET FROM A RESIDENTIAL DISTRICT AT 10253 N.
PORTAL A VENUE (BRIGHT HORIZONS SCHOOL)
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2004-10
Michael Sedwick (Bright Horizons School)
10253 N. Portal Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Sign Exception, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area;
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title;
2. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare; and
3. That the exception to be granted is one that will require the least modification of
the prescribed regulations and the minimum variance that will accomplish the
purpose.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no. EXC-20O4-10, is here by 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
EXC-2004-10 as set forth in the Minutes of the Design Review Committee Meeting of
August 4, 2004, and are incorporated by reference herein.
Model Resolution
Page 2
EXC-2004-10
August4,2004
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1.
APPROVED EXHIBITS
Approval is based on a plan set entitled: "Bright Horizons, 10253 N. Portal Ave."
consisting of 5 pages, except as may be amended by conditions in this resolution.
2.
REMOVAL OF ILLEGAL MONUMENT SIGN
The applicant shall remove the second monument sign located at the exit of the
parking lot within thirty (30) days from the date of this resolution.
3.
NonCE OF FEES, DEDICA nONS, RESERV A nONS 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 4th day of August 2004, at a Regular Meeting of the
Design Review Committee of the City of Cupertino, State of California, by the following
roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Ciddy Wordell
City Planner
Gilbert Wong, Chairperson
Design Review Committee
G:\PlanningIDRClres\EXC-2004-10 res.doc
To:
From:
Subject:
Location:
Design Review Committee
Vera Gil, Senior Planner
Application: EXC-20O4-10
10253 N. Portal Avenue
Date: July 21, 2004
Project Description: Sign exception to allow a monument sign closer than 100 feet from
a residential district.
RECOMMENDATION:
Staff recommends approval of EXC-2004-10, based on the model resolution.
BACKGROUND:
Bright Horizons childcare center is located in a Quasi-Public Building (BQ) zoning
district on Portal Avenue leased to the agency by the Cupertino Union School District.
On September 23, 2003, the Community Development Department approved a building
permit in error for the installation of two monument signs at the site. Since §17.24.220
of the Cupertino Municipal Code (sign ordinance) does not permit any signage within
100 feet of a residence, the monument signs were not in conformance with the
Municipal Code. After the signs were installed, a neighbor contacted the Cupertino
Code Enforcement Division bringing to the City's attention the nonconformance. Code
Enforcement promptly forwarded the complaint to the Community Development
Department for resolution.
DISCUSSION:
Staff contacted the maintenance staff at Bright Horizons, explained the situation and
requested the immediate removal of one of the monument signs and informed the
childcare center that they could apply for a sign exception to keep the remaining
monument sign. To date, the monument sign at the parking lot exit has not been
removed as requested by Cit staff. Staff will make it a condition of approval that the
monument sign at the exit be removed.
The monument signs indicated as sign #1 and #7 on the attached site plan would be
within 100 feet of residences across Portal A venue. The existing wall sign is located
outside this 100-foot boundary. Since it is necessary for the parents and children
utilizing the childcare center be able to locate the building when driving on Portal
A venue, staff believes that one monument sign (#1) at the entrance is necessary. The
monument sign (#7) at the exit appears to be redundant.
Staff recommends approval of the sign exception to allow one monument sign within
100 feet of a residential district because of the ability to make the exception findings.
- 2 -
Findings for Exception
Per Section 17.44.040 of the Municipal Code, the Design Review Committee may grant
an exception based upon the following findings:
A. Literal Enforcement of tire Sign Regulations will result in restrictions inconsistent with tire
spirit and intent of this title.
The intent of the Sign Ordinance is to "provide architectural and aesthetic harmony of
signs as they relate to building design" and to "provide [sign regulations] that will
allow for good visibility for the public and the needs of the business...." The one
monument sign is located at a driveway to provide good visibility and allow parents to
easily locate the school.
B. The granting of tire exception will not result in a condition which is materially detrimental to
tire public lrealth, safety, or welfare.
The signs do not create any health or safety problems.
C. Least modification of the prescribed regulations and tire minimum variance that will
accomplish the purpose.
It is necessary for parents of the school's students to easily find the school when driving
down Portal Avenue. However, staff believes that one monument sign, rather than
two, will adequately accomplish this purpose.
Staff therefore recommends approval of the sign exception per the model resolution.
Enclosures:
Model Resolution
Plan Set
Site Plan
Prepared by: Vera Gil, Senior Planner
Approved by: Ciddy Wordell, City Planner
G:\Planning\DRC\staff rep\EXC-2004-10 SR.doc
EXC-2004-1O
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLunON NO. 165
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO FOR A
SIGN EXCEPTION TO ALLOW A MONUMENT SIGN CLOSER THAN 100 FEET
FROM A RESIDENTIAL DISTRICT AT 10253 N. PORTAL AVENUE (BRIGHT
HORIZONS SCHOOL)
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2004-10
Michael Sedwick (Bright Horizons School)
10253 N. Portal Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an application for a
Sign Exception, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible
with the surrounding area;
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title;
2. That the granting of the exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare; and
3. That the exception to be granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in
this matter, the application no. EXC-2004-10, is here by 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 EXC-20O4-10 as set forth
in the Minutes of the Design Review Committee Meeting of August 4, 2004, and are incorporated
by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.
APPROVED EXHIBITS
Approval is based on a plan set entitled: "Bright Horizons, 10253 N. Portal Ave." consisting of
5 pages, except as may be amended by conditions in this resolution.
Resolution No. 165
Page 2
EXC-2004-10
August 4, 2004
2.
REMOVAL OF ILLEGAL MONUMENT SIGN
The applicant shall remove the two installed monument signs located at the entrance and exit
of the parking lot within thirty (30) days from the date of this resolution.
3.
NEW MONUMENT SIGN
Applicant shall be allowed to install one new monument sign at the entrance to the parking
lot. This monument sign shall be designed to be unobtrusive and fit in with the
neighborhood. Colors for the monument sign shall be earthtone to fit the design of the
building and shall not contain advertising such as "enrolling now", "summer program", or
the phone number for the center. The sign shall contain the name of the business and a clearly
visible address to aid emergency personnel in locating the business. Final design approval
shall be obtained from staff. Applicant shall apply for a building permit for the installation.
4.
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 4th day of August 2004, at a Regular Meeting of the Design Review
Committee of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Commissioner Chen and Chairperson Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS: Commissioner Miller
ATTEST:
APPROVED:
/s/ CiddyWordell
Ciddy Wordell
City Planner
/s/ Gilbert Wong
Gilbert Wong, Chairperson
Design Review Committee
G:\PlanningIDRClres\EXC-2004-10 res.doc
"'."'-"'~-~--,...._, -".,.....c-,._~
r APPR~A~ t?i C - ò:JO~ - iO -.- ';
t Application NunW ~.
. ORC 'ói4JD4- í
\ Date !
" Signature h? '.
~L ~'~TK_==~,..,.,-" - . -_..~,:: ::~:,:,=~~~~ j
Loc: 107
10253 North Portal Ave.
Cupertino, CA 95014
Bright Horizons
Contents
Site Plan
Overview Photos
Existing Sign Photos
Proposed Signs
Pg. I
Pg.2
Pg.3
Pg.4
..
.~ 14l8F.lmh.urstRd.
ICOn Elk GrofK Vú!ogt
. Illinois 6/JOO7
","m, "'""'"'
I~ih~
I~~,,~ ,
~ 0<°""
CO t~ ~
~ I~ ~n~
~ Hhh~æ
§E~'D!~
'<t' ... "'-"-"""-'
I
I:
í
t,
l"
!,
I
i
~
~
I
b
~
I'
I'
I'
í:
"
t',
..J CD
~ !5
~ ãI
Q. 0 &
~ ~ m
'.I:L...._".'."-'--'.. '.-,..>
----'
~-~
~
~
~
~
~
~
~
~
m~
~
~11ill
~
~11ill
~
~
~
~
-m
ß
ß
ß
ß
~
~
~
~
:¡>
~
~
H~
~h
~~~
(1'
01
. ;:¿¡
:z
:5
....
...
l-
e;;
§
.¡:j
0
::r:
\~
. .¡::
¡:Q
~~ ~~
.1 01
:;~I :;~I
j:~ tl
I.~ ~.
o;¡" CJ i~1
~Iz ì f ~ I" z
I ~ Z 2!
't 2 ~ I
:¡, ¿ ~"" ð tj
: il t~1
I. ~ ~ ':1
ï~ ~ K i~1
j\. . .,....___....Ji
¡ i
Ii Iln!
~,~
~~~
h~
(§,
OJ
u¡
.....<1
U>
e
l-
e
:c
II..
z
c:o
¡;;
c:o
z
¡::
U>
;¡
...
;
is
I
" ¡;¡
~ š ~
:e 0 S<
~d
I
'"
<=
0
N
ï::
0
.::I::
"',r, ~
. ~'"Éb
;, .¡::
~
",'
'.",
'-. . '.'-
...J
~
~
~
ì
,
¡ < Q
\,., "~._._--------=,,;
~I~
~~~
h~
ac:=,
OJ
u"i
._i
:~
C/O
e:>
l-
e:>
:z:
....
:=
w
~
w
Ši
j
~ ~
0 ~
J i I
!! $
gj:~ ~
i,d
j
~ "
II ¡¡¡
" ~
~ g
¡; ~ i
I
~
.¡::
0
::r::
\~
.¡::
I:Q
i
M""'" ..
I' ,.--.....
¡
,
f
0
.. t
z.
¡;¡ ~
~ ~ [
~ ~
b
~
..J ..
~ ' ~
l! Œol ¡:L
. a: ,:EO
, ~ Q r ,:n
"'."'----.-----'-',}
~
ã
~ ¡¡
¡¡j ~
,
~
~
~
~II
~
~==!
" ¡il
...
..
..
i
,¡,
~
u~
,., .""
.'""
.>,
C/)
~
0
N
'1::
d§
'\ .......
,...c:
',' /:)./)
'1::
ÇQ
~~
.VI",'
b
~
~
>!
z
S;
a:
"
"
" -
"
H~
~
~
z
51
æ i
¡¡j ~
"
;! ,
~ :
~ ~
5 ~
...
~
~
"
~
~
~
::;! Ii
¡H~
h~
~~ .
~~~
f§¡
\ 8;
. ....¡
'"
:z
'"
¡;;
CI
w
'"
C
....
c
r:r::
....
¡;
.
~
~
Iii ¡¡ ì!
~ - ~
-g ~
Hd
" ;; ;
~ ! i
~
~ ¡;
~ g¡
" 1\
~ g
~ ~ i
"" <3
I
~
i3
.¡::
d3
(,',,'\.E
'.. Ol)
.¡::
¡::Q