SP-2017-05 Action Letter.doc
September 22, 2017
Eaton Hall Architecture
Attn: Jeffrey Eaton
1501 The Alameda
San Jose, CA 95126
SUBJECT: SIGN PROGRAM ACTION LETTER
Application Number SP-2017-05: 21731 Stevens Creek Blvd
This letter confirms the decision of the Director of Community Development, given on September 22, 2017 approving a revision to a sign program for an existing shopping center located
at 21731 Stevens Creek Blvd (APN’s: 326-20-060).
FINDINGS
Prior to approval, the Community Development Director must make the following findings as outlined in Section 19.104.130 (C) of the City of Cupertino Municipal Code. Staff analysis is
shown in italics below the required findings.
The Sign Program complies with the purpose of this chapter.
The proposed sign program complies with the purpose of the sign ordinance and the Monta Vista Design Guidelines by establishing a comprehensive set of design standards serving to identify
the shopping center, clarify tenant sign design guidelines and standards.
Proposed signs are creative, and are in harmony with the structures they identify, other signage on the site, and the surrounding development.
The proposed sign program establishes a set of design standards that allows for unique and creative tenant signage that is harmonious with the site and surrounding development in accordance
with the Monta Vista Design Guidelines.
The Sign Program contains provisions to accommodate future revisions that may be required because of changes in use or tenants.
The proposed sign program accommodates future use and tenant changes by allowing tenants to choose their own sign font, to manipulate sign color, and to design sign layout, with landlord
and City approval.
CONDITIONS OF APPROVAL
APPROVED PROJECT
Approval is based on the Master Sign Program received on September 20, 2017 consisting of two (2) pages prepared by Eaton Hall Architecture, titled “Stevens Creek Retail Pad: Signage
Program,” except as may be amended by conditions in this resolution.
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 additional discretionary permit if determined necessary by the Director of Community Development.
NEW SIGNAGE
New signage shall obtain the property owner’s approval prior to submittal of a building permit. New signs are required to obtain a building permit with approval by the Planning Department
prior to installation, unless a permit is not required as determined by the Building Department.
ACCURACY OF THE 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 require additional review.
CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
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 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
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) and 19.104.130(D). Please
be aware that if this permit is not used within one year, it shall expire on September 22, 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,
Gian Paolo Martire
Associate Planner
City of Cupertino
Enclosure:
Approved Sign Program
CC: Uri Freeland, 1100 Seena Ave, Los Altos, Ca 94024