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EXC-2018-06 reso.DOCXEXC-2018-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6868 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A SIGN EXCPETION TO ALLOW SIX WALL SIGNS, INCLUDING THREE FREEWAY ORIENTED WALL SIGNS, FOR A NEWLY CONSTRUCTED HOTEL AT 10380 PERIMETER ROAD SECTION I: PROTECT DESCRIPTION Application No.: EXC-2018-06 Applicant: Sandy Bloom (Coast Sign, Inc.) Location: 10380 Perimeter Road (APN 316-20-092) SECTION II: FINDINGS FOR SIGN EXCEPTION: WHEREAS, the Planning Commission 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 Planning Commission has held at least one public meeting in regard to the application; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) per Section 15303 New Construction or Conversion of Small Structures; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1. The literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title. The proposed signs are for a newly constructed five -story 102,700 sq. ft. hotel that is uniquely situated between I-280 and Perimeter Road. The intent of the Sign Ordinance is Resolution No.6868 EXC-2018-06 January 8, 2019 Page - 2 - to ensure quality design and strategic location of business signs to ensure a high standard of aesthetic quality and to reduce visual clutter while supporting businesses in the City. The unique shape, a triangle, of the property and its location, adjacent I-280, warrant additional signage to properly identify the site and use. By limiting the wall signs to two (2), the spirit of the ordinance to enhance and identify businesses would be impacted. Furthermore, while the proposed sign package includes a frontage with three (3) walls signs on one (1) frontage, two (2) of the wall signs are oriented to the pedestrian level. 2. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare. The proposed sign provide vsisbility to an otherwise difficulty located site and would not result in a condtion where the signs are a detriment to public safety and welfare. The proposed signage will enhance the aesthetic appeal of the hotel by providing high quality branding and design. 3. That the exception granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. The sign excpetion is meant to increase the visibility of the project and use while promoting a consistent design aesthetic. The proposed signs are consistent maximum size allowances, location of frontage, and illumination intensity. The additional wall signs and freeway orientation of the signs meet the intent of the City's ordinance of providing signs that identify and enhance the new hotel and use. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, 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-2018-06, is hereby approved and that the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Meeting record concerning Application no. EXC-2018-06 as set forth in the Minutes of Planning Commission Meeting of January 8, 2019, and are incorporated by reference as though fully set forth herein. Resolution No.6868 EXC-2018-06 January 8, 2019 Page -3 - SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan set dated December entitled, "Hyatt House" drawn by "Chris C" of Coast Sign Incorporated, consisting of nine (9) sheets labeled 1-9, and the sign program dated December 18, 2019 entitled, "Master Sign Program for Hyatt House" prepared by Coast Sign Incorporated, consisting of five (5) sheets; except as may be amdned by conditions in this resolution. 2. ACCURACY OF 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 may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. SP -2018-04 shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 5. EXCEPTION APPROVAL A Sign Exception is hereby granted to allow six (6) wall signs, which total includes three (3) freeway oriented wall signs. 6. ILLUMINATION INTENSITY The intensity of all signs shall not exceed 250 foot -lamberts. A letter from the business operator shall be provided prior to final building permit approval acknowledging this condition of approval and incorporated in the building permit plans. 7. LIGHTING INTENSITY VERIFICATION Prior to final inspections of sign permits, a licensed lighting engineer shall confirm that the lighting intensity is in compliance with the conditions of approval in this resolution. Resolution No.6868 EXC-2018-06 January 8, 2019 Page - 4 - 8. SIGN PERMITS REQUIRED The applicant shall consult with the City's Building Division to obtain the necessary sign permits for this project. 9. TEMPORARY SIGNS Temporary signs shall comply with the Temporary Sign regulations of the City's Sign Ordinance (Chapter 19.104 of the Municipal Code). A temporary sign permit is required for all banners, a -frame or other freestanding signs (except those required by the State of California), and promotional devices. 10. 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. 11. 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. 12. 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. Resolution No.6868 EXC-2018-06 January 8, 2019 Page -5 - PASSED AND ADOPTED this 8th day of January 2019, Regular Meeting of the Planning Commision of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Paulsen, Vice Chair Takahashi, Sun NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: Fung ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Benjamin Fu /s/Geoff Paulsen Benjamin Fu Geoff Paulsen, Assistant Director of Community Development Chair, Planning Commission