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DRC Packet 04-16-2020CITY OF CUPERTINO DESIGN REVIEW COMMITTEE AGENDA This will be a teleconference meeting with physical location Thursday, April 16, 2020 5:00 PM TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing comment on an item on the agenda may do so in the following ways : 1) E-mail comments by 4:00 p.m. on Thursday, April 16 to the Committee at planning@cupertino.org. These e-mail comments will be received by the committee members before the meeting and posted to the City’s website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Committee at planning@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair’s discretion to shorten time for public comments). Members of the public that wish to share a document must email planning@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. To address the Committee, click on the link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_wMfTXeHxRCe0bU9rU22GMw Registration begins at 4:45 p.m. Page 1 Design Review Committee Agenda April 16, 2020 Phone Dial 888 788 0099 and enter Webinar ID: 310 514 530 (Type *9 to raise hand to speak) The last four digits of your phone number will be called when it is your turn to speak. When called, please limit your remarks to the allotted time. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 310 514 530 SIP: 310514530@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1.You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser : Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL Page 2 Design Review Committee Agenda April 16, 2020 APPROVAL OF MINUTES 1.Subject: Draft Minutes of September 6, 2018. (Continued from the July 18, 2019 meeting for alack of a quorum at the meeting to approve. Continued from the cancelled March 19, 2020 meeting due to a lack of a quorum) Recommended Action: Approve or modify the Draft Minutes of September 6, 2018 Draft Minutes of September 6, 2018 2.Subject: Draft Minutes of July 18, 2019 (Continued from the cancelled March 19, 2020 meeting for lack of a quorum) Recommended Action: Approve or modify the Draft Minutes of July 18, 2019 Draft Minutes of July 18, 2019 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Committee on any matter within the jurisdiction of the Committee and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. PUBLIC MEETING 3.Subject: Sign Exception to consider allowing LED signage on an existing fuel price ground sign and two additional wall signs on the building and four additional signs on the fuel canopy at an existing service station (Valero). Application No.: EXC-2019-002; Applicant: Gus Ortega; Location: 1699 South De Anza Boulevard; APN: 366-10-120 (Postponed from the cancelled March 19, 2020 meeting due to lack of a quorum) Recommended Action: That the Design Review Committee adopt the draft resolution to: 1. Find the project exempt from CEQA; and 2. Approve the Sign Exception (EXC-2020-002) per the Draft Resolution Design Review Committee decison final unless appealed Staff Report 1 - Draft Resolution 2 - Plan Set OLD BUSINESS NEW BUSINESS STAFF AND COMMITTEE REPORTS Page 3 Design Review Committee Agenda April 16, 2020 ADJOURNMENT Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City . Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment . Page 4 Design Review Committee September 6, 2018 Cupertino, CA 95014 (408) 777-3308 ACTION MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON September 6, 2018 ROLL CALL Committee Members present: Alan Takahashi, Chairperson David Fung, Commissioner Committee Members absent: none Staff present: Erika Poveda, Assistant Planner Benjamin Fu, Assistant Director of Community Development Staff absent: none APPROVAL OF MINUTES: August 3, 2017 Minutes of the August 3, 2017 Design Review Committee meeting were approved as written ORAL COMMUNICATION: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None WRITTEN COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC MEETING: 1. Application No.(s): EXC-2018-02 Applicant: Janice Yeh (Xtina Properties, LLC) Location: 10280 Imperial Ave APN: 357-19-054 Fence Exception to allow a driveway gate on a property located in a Planned Development (Light Industrial) Zone Design Review Committee decision final unless appealed. Staff Member Poveda explained that the subject property is located right at the transition between a residential neighborhood and a light industrial area. The City’s Municipal Code allows for a driveway fence exception where it can be demonstrated that there is a need for security or safety. The Sheriff’s department has not reported an increase in theft instances in the past 5 years in the industrial area. However, the applicant has a location in Mountain View that has been burglarized. The most recent theft resulted in losses to the business in excess of $70,000. They had a gate and fence ins talled and have not 2 Design Review Committee September 6, 2018 been burgled since. They are reluctant to move into this new Cupertino location without a security gate. The applicant is proposing to install a 6’ redwood fence that would connect to the adjacent neighboring fences and a proposed landscape buffer in the front setback area. The fence would be setback 10’ feet from the front property line. The Public Works department wants the existing 6’ tall concrete wall reduced to 3’ within the 10’ front setback area to improve the visibility for the cars entering and leaving the driveway to the adjacent business. There are no street improvements required at this time, but in the future, the Public Works Department will require a 5’ sidewalk and street dedication for improvements. The 10’ fence setback allows for this eventuality. Staff is recommending approval of the project as it meets all the requirements for a fence exception and will provide a visual transition between the residential and light industrial sections on the street that currently does not exist. Chair Takahashi confirmed that the fence maintenance would be the responsibility of the property owner. Commissioner Fung asked about the fence height. It was explained that the fence was designed to match the existing neighboring fences in height and style. The applicant’s architect, Janice Yeh, addressed the Committee. The applicant runs a film production company. They load up the trucks in the evening in order to be able to get to the photo shoot site early the next day. They have concerns about leaving the truck in an unsecure parking lot as the filming equipment is very expensive. Additionally since they purchased the building, they have an interest in updating the “curb appeal” with landscaping for their customers. Chair Takahashi opened the Public Comment period. There were no speakers Chair Takahashi closed the Public Comment period. Commissioner Fung supported the project with no additional discussion. Chair Takahashi also liked the project and felt that the fence and landscaping upgrades would be a good addition to the neighborhood. MOTION: Commissioner Fung moved to approve EXC-2018-02 per the draft resolution APPROVE: Chair Takahashi ABSENT: none ABSTAIN: none VOTE: 2-0-0 OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: /s/Beth Ebben Beth Ebben Deputy Board Clerk Design Review Committee July 18, 2019 Cupertino, CA 95014 (408) 777-3308 ACTION MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON July 18, 2019 ROLL CALL Committee Members present: Vikram Saxena, Chair David Fung, Commissioner Committee Members absent: none Staff present: Ellen Yau, Associate Planner Benjamin Fu, Assistant Director of Community Development APPROVAL OF MINUTES: 1. September 6, 2018 The minutes of September 6, 2018 were continued for a lack of a quorum 2. December 6, 2018 The minutes of December 6, 2018 were approved as written ORAL COMMUNICATION: None WRITTEN COMMUNICATIONS: Three emails were received regarding item #3 on the agenda CONSENT CALENDAR: None PUBLIC MEETING: 3. Application No.(s): R-219-03 Applicant: Alfred Devaraj residence Location: 10713 Larry Way APN: 316-02-007 Residential Design Review for a new 4,170 square foot, two-story, single family residence with a rear facing balcony located in an R-1A district. Design Review Committee decision final unless appealed. Staff Member Yau explained that the subject property is in the Linwood Acre neighborhood. Lots R-1A districts are usually larger and meant enforce a semi-rural setting in a neighborhood. The Ordinance requires that any development on these lots be approved by the Design Review Committee rather than by Staff as is the case with typical residential design application projects. The applicant is proposing to tear down the existing two-story home and build a new one. The proposed new home does not exceed the maximum allowed lot coverage area or floor area ratio. R-1A lots are required to have larger setback areas than R-1 lots. The proposed home will not encroach into the required setback areas. The second story balcony will be at the rear of the house abutting the Apple Campus property. The property owner 2 Design Review Committee July 18, 2019 is required to plant trees to mitigate any privacy concerns from the second story windows. As the proposed development meets all the requirements of the Ordinance, Staff supports approval of the project. Chair Saxena confirmed that the trees along the southern edge of the property were because the neighbor asked for them. Staff member Yau stated that the trees are required to be planted. Since the property abuts the Apple Campus, not trees are required there and the neighbor to the north waived the tree planting requirement, so the trees will be planted along the southern property line Commissioner Saxena opened the Public Comment period. Terry Griffin Ed Auch Commissioner Saxena closed the Public Comment period. To address the comments from the speakers, Commissioner Fung asked about the noticing requirements for this type of project. Staff member Yau explained that per Ordinance 19.12, adjacent neighbors are noticed. Chair Saxena asked if the existing front yard trees on the site could serve as the required privacy plantings. Staff member Yau said that the trees would need to be measured to confirm that they are large enough. Chair asked if the property owner would be willing to plant other trees. Mr. Devaraj said that the Oak tree is very large and there is no room for additional trees in the front. His neighbor does not want any more trees there either. One of the current Conditions of Approval in the Draft Resolution is to maintain the Oak tree and record it as a protected, privacy tree. One of the speakers stated that the language in findings #4 and #5 is slightly different for an R1-A than it is for an R-1 application. As such, the application couldn’t be approved. Commissioner Fung and Staff member discussed the language differences. Commissioner Fung felt that the intent of the findings had been met, so the project could be approved. He did ask that the language in the findings be changed to match the language in the R-1A Ordinance. Chair Saxena asked that the Resolution be modified to include the second front yard tree. Commissioner Fung concurred. Commissioner Fung asked that the language in the findings be changed to match the language in the R- 1A Ordinance. Chair Saxena concurred. MOTION: Commissioner Fung moved to approve R-2019-03 with the above shown changes to the draft resolution and findings APPROVE: Chair Saxena ABSENT: none ABSTAIN: none VOTE: 2-0-0 OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: /s/Beth Ebben Beth Ebben Deputy Board Clerk DESIGN REVIEW COMMITTEE STAFF REPORT Meeting: April 16, 2020 Subject Sign Exception to consider allowing LED signage on an existing fuel price ground sign and two additional wall signs on the building and four additional signs on the fuel canopy at an existing service station (Valero). (Application No.: EXC-2019-002; Applicant: Gus Ortega; Location: 1699 South De Anza Boulevard; APN: 366-10-120) Recommended Action That the Design Review Committee adopt the draft resolution (Attachment 1) to: 1. Find the project exempt from CEQA; and 2. Approve the Sign Exception (EXC-2020-002). Discussion Project Data: General Plan Designation: Commercial/Office/Residential Special Area: South De Anza Special Area Zoning Designation: P (CG, Res 5-15) / Planned Development with General Commercial and Residential uses at a density between 5 and 15 units/acre Lot Area: 19,949 sq. ft. Floor Area: 3,618 sq. ft. Allowed Existing Proposed New Total Wall Signs 1 1 2 (1 carwash and 1 smog shop) 3 Fuel Canopy Signs 2 2 1 illuminated logo and 3 light bars 6 Ground Sign 1 1 No change to number of signs LED Reface Project Consistency with General Plan: Yes Zoning: No – needs sign exception Environmental Assessment: Categorically Exempt Project Location: The project site is located on the northwest corner of South De Anza Boulevard and Prospect Road at the southern border of the City. To the west of the site is an office building; to the east is a Shell gas station in the City of San Jose; to the north is the Coach House shopping center; and to the south is a 76 gas station in the City of Saratoga. Background: In April 2009, a Use Permit (U-2009-02) and Architectural and Site Approval (ASA-2009-02) for a car wash addition and other site improvements were approved at the existing gas station and auto service center site by Planning Commission. The Planning Commission decision was appealed but the approval was upheld, with modifications to the project, by the City Council at a subsequent public hearing on June 2, 2009. A Sign Exception (EXC-2010-10) was approved on November 4, 2010 to allow two additional illuminated wall signs on the fueling station’s north and south canopy faces, in addition to a permitted building wall sign on the eastern elevation. A Director’s Minor Modification (DIR-2019-007) permit was approved on September 4, 2019 to allow exterior modifications to the Food Mart/Smog Shop building and car wash tunnel to comply with Valero’s new branding strategies. The overall corporate branding strategy includes updates to the building and fuel price ground signage, which are the subject of this Sign Exception permit. Applicant Request: The applicant, Gus Ortega of Sign Development Inc., representing the property owner/operator, Atam Sandhu, is requesting a Sign Exception to allow new signage at the service shop and convenience store building, car wash tunnel, fuel canopy, and fuel Figure 1: Vicinity Aerial (subject property outlined in blue) S. De Anza Blvd. City of Saratoga City of San Jose City of Saratoga tanks at the Valero service station and update the signage at the existing ground sign as follows: 1. One new 13.5 sq. ft. non-illuminated “Car Wash” wall sign on the south-facing exit tunnel of the car wash building. 2. One new 14.75 sq. ft. illuminated “Smog Shop” wall sign above the service bay door of the service shop and convenience store building. 3. One new 3.25 sq. ft. illuminated Valero “V” logo on the east side of the fuel canopy structure (facing South De Anza Boulevard). 4. Three new LED canopy light bars on the north, east, and south sides of the fuel canopy structure (Two signs - 27.9” x 2.5” and One sign - 19.7” x 2.5”). 5. Reface the existing internally illuminated fuel price cabinet ground sign with new internally illuminated cabinets with light-emitting diode (LED) price numerals (No change to size). The fuel canopy light bars and fuel price sign require a Sign Exception since the City’s Sign Ordinance prohibits signs with directly visible light sources and requires changeable copy letters or numerals to be made of permanent sign and symbols or letters of high quality and durable materials, respectively (Section 19.04.180(B)). Furthermore, condition #4 of the EXC-2010-10 resolution requires that any additional proposed permanent signs, including any proposed on the car wash tunnel, would need approval under a separate Sign Exception. The City’s Municipal Code requires Design Review Committee review for all Sign Exception applications. Analysis Wall Signs and Logo The City’s Municipal Code has regulations specific to Gasoline Station Signs. However, the wall sign provisions for gasoline stations default to the wall sign provisions for other commercial business. These regulations address the signage needs of commercial businesses that are either on standalone pads or a part of a shopping center. Increasingly, gas stations are demonstrating a need for signage different from conventional commercial businesses, due to their location near street intersections, the unique building/structure arrangements with regards to the fueling stations, convenient store, and car wash facility, a need to compete with alternative fuel vehicles and to attract customers over other gasoline stations in adjoining jurisdictions where such signage is allowed. As such, several other gas stations throughout the City have received Sign Exceptions or approvals for additional wall and/or canopy signs: Company/Address (Permit No.) Canopy Signs Wall Signs Ground Sign Shell / 20999 Stevens Creek Blvd. (EXC-2014-11) 2 (illuminated) 3 (illuminated) Yes Chevron / 11010 N. De Anza Blvd. (DIR-2007-09) 3 (illuminated) 1 (illuminated) Yes 76 / 10275 N. De Anza Blvd. (EXC-2006-05) 2 (illuminated) 1 (non-illuminated) Yes Chevron / 10023 S. De Anza Blvd. (DIR-2007-10) 2 (illuminated) 1 (illuminated) Yes (2) Chevron / (EXC-1998-02) 2 (illuminated) 1 (illuminated) Yes (2) The applicant has proposed two new wall signs (one on the car wash building and one above the service bay storefront) and one new illuminated logo on the existing canopy. The total of all new and existing wall signs is less than 200 square feet, which is the maximum allowed sign area for wall signs per the City’s Municipal Code. The proposed signs are well proportioned to the location in which they are proposed. They are not excessively descriptive and are compatible with the design aesthetic of the existing service station. Conditions of approval have been added to ensure that the proposed signs meet the illumination restrictions identified in Section 19.104.230 of the Municipal Code. Fuel Price LED Signage The City’s Sign Ordinance does not specifically address exposed LED signage on fuel price ground signs. Therefore, under current ordinance provisions, LED fuel price signage is not permitted since it has a directly visible light source and is not considered a permanent, durable material. The restrictions against directly visible light sources are intended to limit glare and distraction to motorists, bicyclists, pedestrians, and residents in the neighborhood. The requirement for high quality, durable material in changeable sign copy is intended to avoid unsightly, reduced quality signage that would diminish the City’s aesthetic appearance. As part of the proposed project, the LED numerals would be equipped with an automatic brightness control that would be adjusted based on the ambient light condition. The signs differ from electronic readerboard signs in that they do not include periodically changing or animated messages. The proposed LED numerals would remain static, except for when the price of gasoline changes (typically once or twice per day). The primarily static LED numerals function like the existing plastic numerals in that they change depending on fluctuations in fuel pricing. The LED numerals will enhance convenience by allowing the service station operator to automate fuel price updates and not have to manually change individual numerals. The LED numerals feature crisp, energy efficient illumination with similar lighting intensity as internally illuminated plastic letters. The proposed opaque background of the sign will further reduce light glare. Two other gas stations have obtained Sign Exceptions for similar LED ground fuel signs. It is anticipated that the number of applications will increase due to the convenience and readability of LED fuel price lighting. 1. Valero (EXC-2014-01) – 10002 N. De Anza Blvd 2. Shell (EXC-2014-11) - 20999 Stevens Creek Blvd Conditions of approval have been added to the draft resolution to ensure that the illumination guidelines in Section 19.104.230 of the Sign Ordinance for the cumulative impacts of all illuminated ground and wall signs onsite are followed to reduce glare and distraction to motorists, bicyclists, and pedestrians. Fuel Canopy Light Bar A proposed element to the fuel canopy includes a blue, downlit LED bar spanning the canopy trim on the north, east, and south sides. The lighting will include an aluminum “eyebrow hood” to diffuse the lighting downward against the canopy fascia rather than out toward the public right of way or the sky. The LEDs are dimmable as well and can be adjusted to minimize excessive glare and ensure that the canopy does not exceed illumination intensities allowed in the Sign Ordinance. Due to the exposed, visible nature of the lighting system, a Sign Exception is required as it is proposed in conjunction to the canopy’s sign design. Figure 2. Light bar at another location Figure 2 shows an example of a Valero site (not within the City) that has the light bar installed. Unpermitted Signs and Site Improvements During review of this current Sign Exception and concurrent DIR application, several unpermitted signs were identified on-site, including: 1. Permanent wall advertisement signs as follows: a. On the north, east, and south elevations of the convenience store and service shop building b. “Car Wash” wall signs on the north, east, and south facing car wash structure walls c. Signs unrelated to the car wash on the east-facing car wash building wall 2. Illuminated window signage and non-illuminated window decals exceeding 25% of window surface of each storefront bay window 3. Signs without Temporary Sign Permits as follows: a. Multiple temporary banners b. Temporary freestanding signs (e.g. A-frames) The applicant has indicated on the plans that all unpermitted signs on site will be removed prior to building final. A condition of approval has been added to the draft resolution to ensure compliance. Additionally, as part of the U-2009-02/ASA-2009-02 approval, to mitigate traffic circulation conflicts and enhance safety the City Council modified the project approval as follows: 1. The driveway on Prospect Road (nearest the intersection of S. De Anza Boulevard and Prospect Road) be an ingress-only driveway, and 2. The driveway located at the southeast corner along S. De Anza Boulevard (nearest the intersection) be an egress-only driveway. This was implemented with the building permit for the planning entitlements from 2009. However, during a review of current site conditions, it was observed that the Prospect Road driveway now has unpermitted pavement markers to allow both ingress/egress and the S. De Anza Boulevard driveway now has unpermitted pavement markers to allow ingress-only. A condition of approval has been added to change the directional arrows and to add pole signage to ensure comply with the Council’s previous direction. Environmental Assessment This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 Existing Facilities (Class 1) consisting of new copy on existing on and off-premise signs. Public Outreach and Noticing The following table is a brief summary of the noticing done for this project: Notice of Public Hearing and Intent, Site Notice & Legal Ad Agenda  Site Signage (10 days prior to the hearing)  19 public hearing notices mailed to adjacent property owners (10 days prior to the hearing)  Posted on the City’s official notice bulletin board (one week prior to the hearing)  Posted on the City of Cupertino’s website (one week prior to the hearing) No public comments have been received as of the date of production of this staff report. Permit Streamlining Act This project is subject to the Permit Streamlining Act (Government Code Section 65920 – 65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received: July 23, 2019; Deemed Incomplete: August 21, 2019 Notice of Inactivity/Closure Letter Sent: November 6, 2019 2nd Submittal Received: November 13, 2019; Deemed Incomplete: December 10, 2019 3rd Submittal Received: January 28, 2020; Deemed Complete: January 31, 2020 The City has up to 60 days from the date of deeming the project complete (until March 31, 2020) to make a decision on the project. However, the applicant has agreed to the later hearing date without objection. Conclusion Staff recommends approval of the Sign Exception since the overall design package addresses the intent of the Sign Ordinance to identify and enhance the business while maintain the aesthetic standards of the City. The updated LED fuel price sign and new building/canopy signs are harmonious with the overall building/canopy and provides good visibility for the public and the needs of the business while minimizing distraction to pedestrians, bicyclists, and motorists. The requested Sign Exception will maintain the City’s design standards and support the business in its endeavor to meet corporate branding requirements. Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed development and all the findings for approval of the proposed project, consistent with Chap ter 19.104.290 of the Cupertino Municipal Code, may be made. Next Steps Should the project be approved, the Design Review Committee’s decision on this proposal is final unless an appeal is filed within 14 calendar days of the date of the decision, on April 30, 2020. The applicant may apply for building and other permits at the end of the appeal period. This approval expires on April 16, 2021, at which time the applicant may apply for a one- year extension. Prepared by: Jeffrey Tsumura, Associate Planner Reviewed and Approved by: Piu Ghosh, Planning Manager ATTACHMENTS: 1 – Draft Resolution 2 – Plan Set EXC-2019-002 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION FOR LED SIGNAGE ON AN EXISTING FUEL PRICE GROUND SIGN AND SIX ADDITIONAL WALL SIGNS ON THE BUILDING AND FUEL CANOPY FOR AN EXISTING SERVICE STATION (VALERO) LOCATED AT 1699 SOUTH DE ANZA BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.: EXC-2019-002 Applicant: Gus Ortega (Sign Development, Inc.) Location: 1699 South De Anza Boulevard (APN 366-10-120) SECTION II: FINDINGS FOR SIGN EXCEPTION: WHEREAS, the Design Review Committee 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 Design Review Committee 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) pursuant to Section 15301 Existing Facilities; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Design Review Committee 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 project is consistent with the intent of the Sign Ordinance in that it provides architectural and aesthetic harmony with the building/canopy design and provides good Draft Resolution EXC-2019-002 April 16, 2020 Page - 2 - visibility for the public and the needs of the business while minimizing distraction to the pedestrian, bicyclist, and motorist. The LED numerals function similar to the existing plastic numerals in that they change depending on fluctuations in fuel pricing. The lighting intensity for the fuel sign and canopy as proposed do not exceed the City’s Municipal Code regulations and the City will have the ability to require that the intensity be reduced if deemed necessary by the City. 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 signs will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, or welfare. The project includes automatic dimming technology to reduce glare and will not include animated messages. 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 strict application of the ordinance standards would not allow the new industry- standard of using LED technology similar to other service stations in the City and throughout the region. The proposed additional signs comply with the previous sign exception approvals for gas stations. The illumination intensity, appearance and location, relative to the public right-of-way, of the proposed signs would not create distractions for pedestrians, bicyclists and vehicles nor would it negatively impact the City’s aesthetic appearance. 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 3 thereof, The application for a Sign Exception, Application no. EXC-2019-002, 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-2019-002 as set forth in the Minutes of Design Review Committee Meeting of April 16, 2020, and are incorporated by reference as though fully set forth herein. Draft Resolution EXC-2019-002 April 16, 2020 Page - 3 - SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated February 2, 2019 and revised November 13, 2019 entitled, “Valero 1699 De Anza Blvd., Cupertino, CA 95014” drawn by Sign Development, Inc., consisting of 8 sheets labeled 1-8; except as may be amended by conditions in this resolution. 2. ACCURACY OF 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 may require additional review. 3. 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. 4. EXCEPTION APPROVAL A Sign Exception is hereby granted to allow LED gasoline price signage to the existing fuel price ground sign, two additional building wall signs (“Smog Shop” and “Car Wash”), and four additional canopy signs (three downlit LED bars, and one illuminated logo). The color of the LED numerals of the fuel price sign shall be red, and the background shall be black. 5. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. DIR-2019-007 shall be applicable to this approval. 6. ILLUMINATION INTENSITY The intensity of all signs shall not exceed 250 foot-lamberts. A note acknowledging this condition of approval shall be incorporated in the building permit plans. 7. LED SIGN REQUIREMENTS The following requirements shall apply to the LED fuel price signs: a. The signs shall not display animated messages, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement. Draft Resolution EXC-2019-002 April 16, 2020 Page - 4 - b. The signs shall not include any audio messages. c. The signs shall utilize automatic dimming technology to adjust the brightness of the signs relative to ambient light so that at no time shall a sign exceed a brightness level of three-tenths foot candles above ambient light, as measured using a foot candle (Lux) meter aimed directly at the sign face at a distance of 100 feet from the sign. d. An ambient light measurement shall be taken using a foot candle meter at some point between the period of time between 30 minutes past sunset and 30 minutes before sunrise with the sign turned off to a black screen. e. Immediately following the ambient light measurement taken in the manner required above, an operating sign light measurement shall be taken with the sign turned on. f. The difference between the ambient light measurement and the operating sign light measurement shall be three tenths foot candles or less. g. The signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions. h. The LED copy may only contain fuel price numerals. i. The signs shall comply with Section 13532 of the State of California Business and Professions Code and all other State regulations regarding LED signage. 8. 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. 9. SIGN EXCEPTION REVIEW/ADDITIONAL RESTRICTIONS If complaints are received related to the intensity of the LED signage under this Sign Exception, and the complaints are not addressed immediately by the property management, then the Design Review Committee or Planning Commission shall conduct a public hearing on the Sign Exception at which time, the approval for LED signage may be modified or revoked. The City reserves the right to require additional measures to reduce lighting intensity if deemed necessary. 10. SIGN PERMITS REQUIRED The applicant shall consult with the City’s Building Division to obtain the necessary sign permits for this project. Draft Resolution EXC-2019-002 April 16, 2020 Page - 5 - 11. INGRESS/EGRESS PAVEMENT MARKERS AND DRIVEWAY SIGNAGE Prior to final Building inspection, the applicant shall per the conditions of approval in U-2009-02 and ASA-2009-02: a. Repaint the driveway markings on Prospect Road (nearest the intersection) to ingress-only, and the driveway located along S. De Anza Boulevard (nearest the intersection) to egress-onlyand b. Install additional signage (other than pavement markings) to indicate appropriate ingress only, egress only and no entry signage facing both the public right-of-way and interior to the property. 12. UNPERMITTED SIGNS Prior to final Building inspection, the applicant shall remove all unpermitted wall, window, and temporary ground signs onsite to the satisfaction of the Community Development Director. 13. 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. 14. 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. 15. INDEMNIFICATION The applicant agrees that, to the fullest extent permitted by law, the applicant shall indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “inde mnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, 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 a pplicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized 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 (thirty) days following receipt of invoices from City. Such attorneys’ fees and costs shall include Draft Resolution EXC-2019-002 April 16, 2020 Page - 6 - amounts paid to the City’s outside counsel 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. The applicant shall likewise indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant further agrees to defend, indemnify and hold harmless the indemnified parties for all cost incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review if the applicant desires to continue to pursue the project. 16. 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 con stitute 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 16th day of April 2020, Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Jeffrey Tsumura R Wang, Associate Planner Chair, Design Review Committee 02.22.19SM 1 OF 8 1699 DEANZA BLVD. CUPERTINO, CA 95014 EXISTING SITE SITE PLAN: SCALE:1/32’’=1’-0’’ S. DEANZA BLVD.CANOPY 20’-0’’61’-4’’BUILDING PROSPECT ROAD N 43’-0’’30’-0’’U7180 CAR WASH 36’-3’’ VERIFY 47’-0’’VERIFYP L 1 47’-0’’P L 147’-0’’A1 B1 03.13.19BA DESCRIPTION OF PROPOSED SIGNS: TYPE SIGN COPY DIMENSIONS AREA Monument Sign (Reface existing) Price/ID 50.04 Sq.Ft. Illuminated Canopy Sign (Existing) Valero Illuminated Canopy Sign (Existing) Illuminated Canopy Sign (Proposed) 12.90 Sq.Ft. Car Wash Building Sign (Non-Illuminated) 9’-0” x 1’-6” 13.50 Sq.Ft. 8’- 5 ½” x 5’- 11” 7’-4 1/2” x 1’-9” Valero 12.90 Sq.Ft.7’-4 1/2” x 1’-9” 2’-2 1/8” x 1’-9” 3.25 Sq.Ft. DESCRIPTION OF EXISTING SIGNS: TYPE SIGN COPY DIMENSIONS AREA Monument Sign (Existing to remain) Price/ID 50.04 Sq.Ft. Illuminated Canopy Sign (Removed) Car Wash x 3ea Building Sign (Signs removed) 40.50 Sq.Ft. 8’- 5 ½” x 5’- 11” V Logo 4.25 Sq.Ft. Valero/Gesture 28.50 Sq.Ft. 2’- 3 3/16” 1’- 10 ½” x Food Shop Building Sign (To remian) 15’-9” x 1’-6” 14.00 Sq.Ft. Illuminated Canopy Sign (Removed) 9’-0” x 1’-6” Car Wash Monument Sign (To remove) 32.00 Sq.Ft.8’-0” x 4’-0” Pump topper x 4ea Pump topper 1.60 Sq.Ft.1’ 0” x 1’-8” A B D A B C E F G H I E F G G G H I II I Pump topper x 4ea Pump topper 1.60 Sq.Ft.1’ 0” x 1’-8” I 06.24.19GO Eyebrow x 2ea Canopy Eyebrow Bar 27’-EE” x 2.5” 11.62 Sq.Ft. Eyebrow Canopy Eyebrow Bar 19’-8” x 2.5” 4.09 Sq.Ft. 06.27.19GO Smog Shop Building Sign (Illuminated) 9’-10” x 1’-6” 14.75 Sq.Ft. 07.01.19GO 07.12.19GO V Logo C ALL ILLEGAL WINDOW SIGNAGE, WALL SIGNAGE, AND FREESTANDING SIGNAGE WILL BE REMOVED PROIR TO SIGNAGE FINAL. 11.13.19GO D D C 20’-2” x 1’-5” EXIT ONLY POLE SIGN EXIT ONLY PAVEMENT MARKERS EXIT ONLY PAVEMENT MARKERS ENTER ONLY PAVEMENT MARKERS E X IS TI N G D/F P R ICE/I D S IGN 50.04 SQ.FT. 02.20.19S M 1699 D EAN ZA BLV D. CU PE RTINO, CA 95014 U7180 8’- 5 ½”5’- 11”P R O P O S E D RE FACE E XI ST I N G D/F P RI C E I D S IGN 50.04 sq.ft. S CA L E: 1/2’’=1’-0’’ 6” A B L E L E Ds SI D E A1 LOGO TO LEFT, BOTH SIDESSI D E B1 LOGO TO LEFT, BOTH SIDES8’- 5 ½”5’- 11”6” A B L E L E Ds 1699 I NS TA LL N E W N O N-I L LU MI N ATE D A LU MI N U M AD D R ES S PA N E L SC ALE: 1’’=1’-0’’ 16” PA I N T C A B I N ET S A N D R ETA I N E RS VA LE R O LI G HT G RAY 8” 2 O F 8 1699 N O TO U C H N AT U R A L B R I CK 03.13.19B A 06.24.19GO 06.27.19GO 07.01.19GO 07.12.19GO P E R C IT Y R E QUI R E ME NT - A S I TE L I G H T ING S T UD Y W I L L N E E D TO B E CON D U C TE D F OR T HE N EW INT E R N A L LY I L L U M IN AT E D F U E L P R I C E ID S I G N TO V E R I F Y I T D O E S N O T E X C E E D 250 F O O T L A B E RT 11.13.19G O A L L I LLE GAL W IND OW S I GNA GE, WAL L S IGN AGE, A ND FR E ES TAND IN G SI G NA G E W IL L BE RE MOV ED PR OIR TO SIGN AG E F IN AL. E XI ST I N G S O U T H CA N O P Y EL E VAT IO N 02.20.19S M 1699 D EAN ZA BLV D. CU PE RTINO, CA 95014 U7180 PROPOSED NORTH CANOPY ELEVATION SCALE: 1/8’’= 1’-0’’ 43'-0" FL AT AC M FAS CIA WI TH ILL UM I NAT ED LIG H T B AR P R O POS E D S O U T H C ANO P Y E L E VAT I ON S C ALE: 1/8’’= 1’-0’’ 43'-0" FL AT AC M FAS CIA WI TH ILL UM I NAT ED LIG H T B AR 3 O F 8 03.13.19B A LE D sign shall not exceed 250 foot-lamberts 5.81 sq.ft. LE D sign shall not exceed 250 foot-lamberts 5.81 sq.ft. 06.24.19GO 06.27.19GO 07.01.19GO 07.12.19GO E XI ST I N G N O RTH C A N OP Y E L EVAT I O N ALL IL L EGA L WI N DO W SIG NAG E, WA LL SI G NA G E, AN D F REE STA NDI NG SIGN AGE WI LL B E R EM O VE D PRO I R TO S I GNA GE FI NA L. 11.13.19G O E X IS T I NG E A ST C AN O P Y EL E VAT I ON 02.20.19S M 1699 D EAN ZA BLV D. CU PE RTINO, CA 95014 U7180 P R O PO S E D E A S T C A N O PY E LE VAT I O N S C ALE: 1/8’’= 1’-0’’ 30'-0" F LAT A CM FA SCI A W IT H I L LU MIN ATE D L I GHT BAR Clearance 14’-2’’ IL L UM IN AT E D 21” VALERO C APO VER WO RD MA RK 3.25 sq.ft. P R O PO S E D W E ST CA N O P Y EL E VAT ION S C ALE: 1/8’’= 1’-0’’ 30'-0" 2’-2 1/8” 7'-0" 4 O F 8 03.13.19B A L ED sign shall not exceed 250 foot-lamberts LE D sign shall not exceed 250 foot-lamberts 4.09 sq.ft 06.24.19GO 06.27.19GO 07.01.19GO 07.12.19GO E X IS T I NG W E S T C A NOP Y E L EVATI O N LOGO TO B E ILL UM I NAT ED (Currently unilluminated) ALL IL L EGA L WI N DO W SIG NAG E, WA LL SI G NA G E, AN D F REE STA NDI NG SIGN AGE WI LL B E R EM O VE D PRO I R TO S I GNA GE FI NA L. 11.13.19G O E X IS T I NG E A S T B UI L D ING E LE VAT I O N 02.20.19S M 1699 D EAN ZA BLV D. CU PE RTINO, CA 95014 U7180 NOTES: REMOVE ALL EXISTING BANNERS AND AD SIGNS FROM BUILDING. PAINT ALL FOUR (4) SIDES OF BUILDING EXTERIOR VALERO SAND. PAINT FRONT, BACK , AND ONE (1) SIDE OF CAR WASH BUILDING VALERO SAND. PAINT BUILDING & CAR WASH FASCIA VALERO BLUE . INSTALL NEW SET ILLUMINATED CHANNEL LETTERS. PAINT ALL BUMPER POLES VALERO BLUE. NO TOUCH EXISTING NATURAL BRICK. PROPOSED EAST BUILDING ELEVATION SCALE: 1/8’’= 1’-0’’ 61'-4" .050” WHITE ALUMINUM RETURNS .050” ALUMINUM BACKS 1” WHITE TRIM CAP LEDs PER VALERO SPECIFICATION AND APPROVED SUPPLIER POWER SUPPLY DISCONNECT SWITCH PRIMARY CIRCUIT 3/16” ACRYLIC FACE WALL OR FASCIA5” WALL ANCHORSOR OR #12 TEC SCREWS x 1” LONG (TYP. 4 TO 6 PER LOGO/LETTER) CHANNEL LETTER DETAILS LED ILLUMINATION INSTALL PHOTOCELL FOR THE NEW CHANNEL LETTERS (TIME CLOCK TO BE INSTALLED INSIDE BUILDING NEXT TO ELECTRICAL PANEL) 20'-0" VE R I F Y P R O P O S ED SO U TH C A R WA S H B U I LD I NG E LE VAT I O N S C ALE: 1/8’’= 1’-0’’ E XI ST I N G S O U T H CA R WA S H E LE VAT I O N SC ALE: 3/8’’= 1’-0’’ 108”18 ”I N S TA L L N E W N ON-IL L U M I NAT ED C A R WA SH V I N Y L C O P Y 13.5 5 O F 8 NO TO U C H NAT U R A L B R IC K N O TOU CH N AT U R A L B R I C K 03.13.19B A PAI N T B U I L D ING B L U E 06.24.19GO PAI N T B U I L D ING B L U E R EPA I NT BUI L D IN G WA L LS E X IS TI N G C O L O R S A N D R EPA I NT BUI L D IN G WA L LS E X IS TI N G C O L O R S A N D 06.27.19GO 118 ”18 ”I N S TA L L N E W I N TE R N AL LY I LL UM I N AT E D SM OG SH O P CHA N N E L LE T TE R S 14.75 sq.ft. L ED sign shall not exceed 250 foot-lamberts 07.01.19GO 07.12.19GO ALL IL L EGA L WI N DO W SIG NAG E, WA LL SI G NA G E, AN D F REE STA NDI NG SIGN AGE WI LL B E R EM O VE D PRO I R TO S I GNA GE FI NA L. N O TOU C H 11.13.19G O 02.20.19S M 1699 D EAN ZA BLV D. CU PE RTINO, CA 95014 U7180 3/4” RADIUS MAX 1 ½” OR 2” 2 1/4” 3/16” 3/4” MOLDED FACE CORNER SECTION VALERO GRADIENT BLUE (PANTONE 3015C TO 639C) VALERO YELLOW (PANTONE 108C) VALERO BLUE (PANTONE 3015C) WHITE #7328 WHITE #7328 WHITE #7328 VALERO LI GH T BLU E (PA NTO NE 639C) CHANGEABLE LED NUMERALS: AMBER LED NUMERALS BLACK BACKGROUND REFACE/REPAINT EXISTING CABINET. CABINET CONSTRUCTION: ALUMINUM ILLUMINATION/ELECTRICAL: STANDARD FLOURESCENT COOL WHITE HIGH OUTPUT INTERNAL ILLUMINATION, INTERNAL MAGNETEK BALLASTS (OR EQUAL), UL LABEL AND VISIBLE DISCONNECT SWITCH ALL ELECTRICAL COMPONENTS TO BE UL LISTED AND APPROVED FACE MATERIALS: MOLDED HIGH IMPACT POLYCARBONATE FACES WITH TRANSLUCENT 3M VINYL SECOND SURFACE DECORATION FINISH SPECIFICATIONS: SHERWIN WILLIAMS PAINTED, RETAINERS, DIVIDER BARS, POLE AND BASE TO MATCH VALERO LIGHT GRAY GENERAL NOTE: ALL SIGNAGE TO BE MANUFACTURED AND INSTALLED ACCORDING TOLOCAL AND NATIONAL BUILDING AND ELECTRICAL CODES 03.13.19B A 8’- 5 ½”5’- 11”RE FACE E XI ST I N G D/F P RI C E I D S IG N 50.04 sq.ft. SCA L E: 1/2’’=1’-0’’ 6” A B LE L E Ds 1699 6 O F 8 LE D sign shall not exceed 250 foot-lamberts 06.24.19GO 07.01.19GO 06.27.19GO 07.12.19GO 11.13.19G O A LL ILL EG AL WI ND O W SI G NA G E, WA LL SI G NA G E, A N D FR EESTA ND I NG SIG NAG E WI L L B E R EM O VED PR O IR TO S IGN AGE F I NA L. 02.20.19S M 1699 D EAN ZA BLV D. CU PE RTINO, CA 95014 U7180 EYEBROW SECTION VIEW DETAILS LED ILLUMINATION 03.13.19B A NI G H T P H O TO OF E Y E B R O W 8 O F 8 06.24.19GO 06.27.19GO 07.01.19GO 07.12.19GO 11.13.19G O AL L I L LEGA L W IN DOW S IGN AGE, WAL L S IGN AGE, AN D F RE E S TAN DIN G S IGN AGE WILL B E REMOV E D P ROI R TO SI G NA G E FIN AL.