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Reso 4559 � 13-ASA-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4559 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A CHANGE IN THE EXTERIOR COLORS, ARCHITECTURAL FEATURES AND EXPOSED NEON LIGHTING FOR AN EXISTING RESTAURANT. SECTION I: PROJECT DESCRIPTION Application 13-ASA-94 - Foodmaker, Inc.: Requesting approval of new exterior colors, architectural features and exposed neon lighting to an existing restaurant. SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for exterior building modifications and an exception to the Sign Code, as described in this Resolution; and WHEREAS, the Planning Commission fmds the following with regards to this application: • that the literal intent of the provisions of the Sign Code will result in restrictions inconsistent with the spirit and intent of the Code; • that the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; • 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; • that the exposed neon is not excessive and is in keeping with the character of the restaurant; and • that the proposed colors and architectural modifications are consistent with the character of the restaurant and will not deter from the appearance of the building. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this matter, the building modifications and the exposed neon lighting is hereby approved subject to the conditions which are enumerated in this Resolution; and That the subconclusions upon which the fmdings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 13-ASA-94 as set forth in the Minutes of the Planning Commission Meeting of September 26, 1994, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. 1. A�roved Exhibits: The approval is based on the project description and building elevations contained in application 13-ASA-94. PASSED AND ADOPTED this 26th day of September, 1994 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll cail vote: AYES: COMMISSIONERS: Mahoney, Austin, Doyle, Roberts, Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPRO�D � � 1� l�a�r�.�-. i '�! ,� � /� i � Robert Cowan O' Mahoney, Cha�ir�, Community Development Director Cupertino Planning (,"ommission c:\winword\reso\ 13 asa94