CC 02-07-2023
Item No. 16
EXC-2022-003_Sign
Appeal_20565
Valley Green Dr
Presentation
Public Storage
Sign Exception Appeal
Appeal of Planning Commission
decision #22-11370 (10/11/22)
Planning Commission Decision
The Planning Commission cited the following
reasons to deny the sign exceptions:
• Signage is subject to CEQA requirements since
the building was still under construction
• Signage would not comply with the city’s Dark
Sky requirements
• Signage would affect the potential designation of
Hwy 280 as a Scenic Highway
Reasons for Appeal
The Planning Commission should not have denied the sign exceptions based on this criteria for the following reasons:
• Signs are categorically exempt from CEQA pursuant to
Section 15311, Class 11
• Signs are exempt from the City of Cupertino’s Dark Sky requirements per section 19.102.040 (D)(2)
• Hwy 280 is currently listed by Caltrans as an eligible Scenic Highway, it not officially designated as a Scenic Highway
Project and Site Information
20565 Valley Green Drive
• Site is 370’ from Valley Green Drive and behind office buildings and parking lot which limits visibility
• Primary public visibility is from Hwy 280 and most of the building visibility is blocked by Caltrans trees
• Access to the property is by way of an unmarked
private drive
Site Location
Proposed Sign Locations
Visibility Study
Visibility Study
Sign Exception Justification
Justification for granting a sign exception to allow a freeway facing sign:
• The sign ordinance allows for multiple wall signs, this property has one frontage facing a public road (Hwy 280) • The proposed signage is not detrimental to the public health, safety, or welfare as it is within the allowable square footage and lighting requirements per the sign
ordinance
• The sign exception requires the least modification of the sign regulations by allowing a sign that would normally be permitted if it did not face a freeway.
Project Benefits
• Reinvesting in Cupertino – Over $50M
• New development better serves the immediate community • Modern, state of the art energy efficient storage facility with climate control spaces, security and access control • Minor to no impact on city and neighborhood: Schools, traffic, noise, infrastructure, etc.
• 12’ pedestrian and bike easement dedication as a
community benefit
• Relevant unit sizes for today’s consumer that supports needs and wants of residents in the years ahead
• Our customers represent a diverse base of residents and businesses within the Cupertino community
20565 Valley Green Drive
Sign Exception
EXC-2022-003
Subject
● Consider an appeal of the Planning
Commission’s decision to deny Sign
Exception to allow three (3) wall signs
where two (2) are permitted and to
further allow two (2) of the three (3) wall
signs to be oriented towards the freeway
on two separate storage facility buildings.
● Applicant: David Ford (All Sign Services)
Background
Public Storage
● 3-acres
● 263,671 sf building
● Approved by City
Council on June
18, 2019
● Approval did not
include signage
Residential
Condominium
s
Interstate 280
Residential
Apartments Office
North De Anza Blvd.
Valley Green Drive
Request
Building One
Building Two
Request
Sign One
● 52 sq. ft. on a 81-foot
frontage
● Internal Facing
● 29% of frontage
● Allowed by CMC
● Currently installed
(BLD-2021-1294)
Application Request
Sign Two
● 159 sq. ft. on a
324-foot frontage
● Freeway Facing
● 13% frontage
Sign Three
● 165 sq. ft. on a
322-foot frontage
● Freeway Facing
● 14% frontage
CMC 19.104.140: Allows a
maximum of two signs per
business under certain
circumstances.
Planning Commission (10/11/22)
● Denied Sign Exception 5-0.
● Only permitted sign on east elevation.
● Inconsistent with sign (CMC Chapter 19.104)
and bird safety (CMC Chapter 19.102)
ordinances.
● Potential safety hazard to motorists, and
● Potentially preclude portion of I-280 being
designated as a scenic freeway.
Appeal of Planning Commission
● Applicant filed appeal 10/21/22
● Basis of Appeal
● Based on inaccurate information regarding
CEQA requirements, Dark Sky restrictions, and
I-280’s scenic highway designation.
● No discussion by Commissioners on required
findings as outlined in staff report.
● Council’s review is de novo.
Sign Exception
● Individually, all signs comply in size
and illumination per 19.104.140, Wall
Signs
● Per 19.104.290 (C), Findings, requires:
● That the exception to be granted is one that will
require the least modification of the prescribed
regulations and the minimum variance that will
accomplish the purpose.
Sign Exception
Per 19.104.140, a single business is
only allowed two (2) wall signs.
CMC section 19.104.200 only allows
a single freeway-oriented sign per
business.
Conclusion: Requires further
modification of regulations and the
minimum variance.
Environmental Review
● Categorically exempt from the
requirements of the California
Environmental Quality Act
(CEQA) per Sections 15301:
Existing Facilities.
Recommended Action
That the Planning Commission adopt
the proposed draft resolution to:
1. Find that the proposed actions are
exempt from CEQA; and
2. Uphold the appeal in part,
approve one of the two-requested
freeway-oriented signs, and deny the
requested Sign Exception.
CC 02-07-2023
Item No. 17
Grand Jury Response
Presentation
February 7, 2023
Grand Jury Report – “House Divided”
Background
● Dec. 17 – Santa Clara County Civil Grand Jury Report
released
● City response to findings and recommendations must
be approved by Council and submitted within 90
days.
● Proposed response is focused on Grand Jury’s findings and recommendations (legal requirements).
Grand Jury Findings and Recommendations
● Grand Jury findings and recommendations focused
on:
● Coucilmanic interference and mutual distrust
between Council and staff
● Failure to provide Monthly Treasurer’s Reports to
Council
● Fiscal and risk management issues
● City staff turnover
● City Ethics Policy
City’s Response to Date
Governance
● City Council retreat focusing on governance issues
● Enterprise Leadership Study
● Consideration of Council Procedures Manual
City’s Response to Date
Fiscal and Risk Management
● New ERP software and segregation of financial duties
● Increased staffing to improve financial controls
● Submission of Monthly Treasurer's Reports to Council
● Implemented Fraud, Waste, and Abuse Program in
2022
● Development of policies for high-risk areas identified by internal auditor
Planned/Potential Future Actions
● Retain consultant to study staff morale and make
recommendations re: work environment
● Continued implementation of Internal Audit Plan
● Consider revisions to Ethics Policy
● Ongoing focus on governance and developing clear
policies
Questions?