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Reso 6296 EXC-2005-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6296 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW THE USE OF AN EXPOSED NEON BORDER ON AN EXISTING MONUMENT SIGN IN ACCORDANCE WITH CHAPTER 17.44 OF THE CUPERTINO MUNICIPAL CODE SECTION I: PROTECT DESCRIPTION Application No.: EXC-2005-06 Applicant: Jae Chung Location: 20030 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to the Sign Code, as described in this Resolution; and WHEREAS, the Planning Commission finds the following with regards to this application: a) 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 exposed neon border does improve the identification of the business; b) That the granting of the exception will not result in a condition which is detrimental to public health, safety and welfare; and c) That the exception requires variance from the regulations and does somewhat improve the identification of the business at nighttime. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the exception to the sign ordinance for an exposed neon ground sign border is hereby approved subject to the conditions which are enumerated in this Resolution; and , Resolution No. 6296 EXC-2005-06 March 22, 2005 Page -2- � SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY I DEVELOPMENT DEPT. 1. EXPIRATION DATE OF APPROVAL This sign exception approval for an exposed neon border on a ground sign shall be valid for only one (1) year from the date of approval. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS I 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. 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-2005-06, as set forth in the Minutes of the Planning Commission Meeting of March 22, 2005, and are incorporated by reference herein. PASSED AND ADOPTED this 22nd day of March 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Giefer, Vice Miller, Saadati, and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chen ATTEST: APPROVED: � �, ,,�, , , ; _ r ����� �,��`; ; Stev iase c Gilbert Wong, Chairperson � Director of Community Development Cupertino Planning Commiss an g:/ plaruling/ pdreport/ res/ EXC-2005-06