Reso 6273 EXC-2004-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6273
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING SIGN EXCEPTIONS TO ALLOW TWO WALL SIGNS WITH HEIGHTS
EXCEEDING TWENTY-FOUR INCHES AND TO ALLOW THE USE OF EXPOSED NEON
FOR A NEW RESTAURANT.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2004-13
Applicant: Signage Solutions (Elephant Bar Restaurant)
Location: 19780 Stevens Creek 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:
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; and
I 4. The proposed use of exposed neon on the wall signs is consistent with the intent of the
Sign Ordinance.
I 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-2004-13, 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 Minutes of the Planning Commission Meeting of September 27, 2004, and are
incorporated by reference herein.
Resolution No. 6273 EXC-2004-13 September 27, 2004
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted sheet entitled "Elephant Bar Restaurant Signage
Proposal" dated August 26, 2004 by Signage Solutions.
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, 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 27� day of September, 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
� AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson
Saadati
� NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
� ABSENT: COMMISSIONERS:
I
ATTEST: APPROVED:
�
` ,,
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` Steve Piasecki T ' aadati, Chairperson
Director of Community Development Planning Commission
G: � Planning � PDREPORT � RES � EXC-2004-13 res.doc