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SP-2016-08 Action Letter.docx COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 '�U�'��T��''�� (408)777-3308 • FAX(408)777-3333 December 20, 2016 Joe DiChoso Corporate Sign Systems 2464 De La Cruz Blvd Santa Clara, CA 95050 SUBJECT: SIGN PROGRAM ACTION LETTER—Application SP-2016-08: This letter confirms the decision of the Director of Community Development, given on December 20, 2016, approving a sign program for an existing office building located at 10050-10080 Wolfe Road (APN: 316-20-086). This approval is subject to the following findings and conditions of approval. FINDINGS Prior to approval, the Community Development Director must make the following findings as outlined in Section 19.104.130 of the City of Cupertino Municipal Code. Staff analysis is shown below the required findings. A. The Sign Program complies zuith the purpose of this chapter. The proposed sign program complies with the purpose of the sign ordinance by establishing a comprehensive set of design standards serving to identify and enhance the signage. The proposed plan maintains the aesthetic appearance of the City by establishing a high quality and consistent set of guidelines for all tenants on the subject site that includes direction as to the number, placement, size, color, and material of future signs. B. Proposed signs are creative, and are in harmony zuith the structures they identify, other signage on the site, and the surrounding development. The Sign Program establishes a set of design standards which are in harmony with the structures they identify in that they are appropriate in scale, are not too bright or colorful, and provide continuity throughout the site. C. The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants SP-2016-08 Action Letter Wolfe Square December 20,2016 The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. CONDITIONS OF APPROVAL 1. APPROVED PROTECT Approval is based on the Master Sign Program received on December 19,2016 consisting of seventeen (17)pages prepared by Corporate Sign Systems., "Wolfe Square Master Sign Program"except as may be amended by conditions in this resolution. Refer to the City of Cupertino Sign Ordinance for provisions not specified in this sign program. Where there is a conflict between the sign program and the Sign Ordinance, unless specifically approved in the sign program, the regulations in the Sign Ordinance shall apply. 2. FUTURE MODIFICATIONS TO THE SIGN PROGRAM Any proposals for new permanent sign locations not shown on the sign program, or modifications to existing sign program standards shall require City review through a sign program modification and an additional discretionary permit if determined necessary by the Director of Community Development. 3. BUILDING PERMIT REQUIRED This Sign Program approval does not constitute building permit approval. A building permit is required for each separate sign indicated on the sign program unless the Building Department determines that it is not necessary to obtain one. 4. ACCURACY OF THE 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 require additional review. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regards to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 6. 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 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 attomeys' fees and costs incurred in defense of SP-2016-08 Action Letter Wolfe Square December 20,2016 the litigation. The applicant shall pay such attomeys'fees and costs within 30 days following receipt of invoices from City. Such attomeys' 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. 7. 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. Staff has made all of the findings that are required for approval of a Sign Program as required by the City of Cupertino Municipal Code,Section 19.104.130(C).Please be aware that if this permit is not used within one year, it shall expire on December 20, 2017. Please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, Haleigh King Assistant Planner (408) 777-3313 haleighk@cupertino.org Enclosure: Approved Plan Set Cc:Mary Artery, River Rock Real Estate Group, 10050 N.Wolfe Road#SW2-140, Cupertino, CA 95014