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Reso 4935 8-EXC-98 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4935 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW 2 WALL SIGNS ON AN APPROVED COMMERCIAL BUILDING IN ACCORDANCE WITH CHAPTER 17.04 OF THE CUPERTINO MUNICIPAL CODE SECTION I: PROJECT DESCRIPTION Application No.: 8-EXC-98 Applicant: Mike Terron Location: 20558 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 Pla.nning 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 spirit and intent of this title; b) That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and c) 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. d) That this exception is one that will allow public notice that the Postal Service for community benefit will occupy space in this location as well as the primary occupant. 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 program is hereby approved subject to the conditions which are enumerated in this Resolution; 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 8-EXC-98, as set forth in the Minutes of the Planning Commission Meeting of June 22, 1998, and are incorporated by reference herein. Resolution No. 4935 8-EXC-98 June 22, 1998 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Site Plan and Elevations dated January 7, 1998, except as may be amended by the Conditions contained in this Resolution. 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. 3. SIGN EXCEPTION USE LIMITATION That the sign is approved for purposes of the Postal Service use as part of the store; and that if the Postal Service moves out, the sign exception does not stay at that site. PASSED AND ADOPTED this 22nd day of June, 1998, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Doyle, Stevens, Harris, and Chair Austin NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Mahoney ATTEST: APPROVED: Robert S. Cowan Donna Austin, Chairperson Director of Community Development Cupertino Planning Commission g:/planning/pdreport/res/r8exc98