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SP-2017-01 Action Letter.doc COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 March 28, 2017 Thermal Mechanics Attn: Rob Moyer 425 Aldo Avenue Santa Clara, CA 95054 SUBJECT: SIGN PROGRAM ACTION LETTER – Application SP-2017-01: This letter confirms the decision of the Director of Community Development, given on March 28, 2017, approving a sign program for the existing Village Green Apartment complex located at 21230 Homestead Road (APN: 326-05-085). 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 with 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 with 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, are consistency with the architectural styles of the structures and provide continuity throughout the site. The proposed signs allow for unique and creative tenant logos, and are in harmony with the structures they identify in that they are appropriate in scale and are to provide equidistant spacing on the surfaces they are affixed, and incorporate colors and tones approved for the site. SP-2017-01 Action Letter Village Green Apartments March 28, 2017 C.The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants. CONDITIONS OF APPROVAL APPROVED PROJECT 1. Approval is based on the Master Sign Program received on January 26, 2017 consisting of nine (9) pages prepared by Acco Property Management entitled, “Village Green” 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. Any non-conforming wall or ground signs must comply with the regulations listed in the sign program or 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. TEMPORARY SIGNS 2. This Sign Program approval does not constitute approval of any existing temporary signs currently onsite. Any existing or proposed proposed temporary signs are subject to the regulations in the Sign Ordinance and requires a Temporary Sign Permit, unless otherwise exempt. FUTURE MODIFICATIONS TO THE SIGN PROGRAM 3. 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. BUILDING PERMIT REQUIRED 4. 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. MINOR CHANGES TO SIGN LOCATIONS SHOWN ON SIGN PROGRAM 5. If necessary, the Director of Community Development may review and approve minor changes to signage locations shown on the approved sign program’s site and elevation plans upon building permit review. ACCURACY OF THE PROJECT PLANS 6. 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. SP-2017-01 Action Letter Village Green Apartments March 28, 2017 CONSULTATION WITH OTHER DEPARTMENTS 7. 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. INDEMNIFICATION 8. 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 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. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS 9. 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 March 28, 2018. 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, SP-2017-01 Action Letter Village Green Apartments March 28, 2017 Jeffrey Tsumura Assistant Planner (408) 777-1356 jeffreymt@cupertino.org Enclosure: Approved Plan Set