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Reso 6156 EXC-2002-07 CITY OF CUPERTINO 10300 Torre Avenue � Cupertino, California 95014 � RESOLUTION NO. 6156 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING SIGN EXCEPTIONS TO EXCEED THE NUMBER OF ALLOWED SIGNS AND THE MAXIMUM SIGN HEIGHT, TO ALLOW OFF-SITE SIGNS, AND TO ALLOW THE USE OF � EXPOSED NEON FOR A NEW RESTAURANT. ' SECTION I: PROJECT DESCRIPTION � Application No.: EXC-2002-07 Applicant: California Sign (Chicago Pizza & Brewery) Location: 10690 N. De Anza Boulevard � SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for Sign Exceptions, as described in this Resolution; and WHEREAS, the Planning Commission finds that following findings have been made: i 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title, in that the proposed signage package is aesthetically harmonious with the restaurant building design; 2. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; 3. 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, in that the height of the additional signage is not maximized, but is instead proportionately sized to be compatible with the building design; and 4. The proposed use of exposed neon for accenting of the company logo and entry element is tasteful and not visually overpowering. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. EXC-2002-07, is hereby approved; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application EXC-2002-07 as set forth in the Resolution No. 6156 EXC-2002-07 September 9, 2002 Page 2 Minutes of the Planning Commission Meeting of September 9, 2002, and are incorporated by reference herein. � SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. ( l. APPROVED EXHIBITS Approval is based on submitted sheet entitled "BJ's Restaurant & Brewhouse" dated March 27, 2002 by Chandler Signs. ' 2. 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, I 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 9 day of September, 2002, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: ` AYES: COMMISSIONERS: Auerbach, Chen, Saadati, Wong and Chairperson Corr f NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTES : APPROVE . G.�v�c�.G._. ' �� � Steve Piasecki Charles Corr, Chairperson Director of Community Development Planning Commission g:/planning/res/EXG2002-07 res.doc