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Reso 4976 12-EXC-98 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4976 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO LOCATE A THIRD WALL SIGN ON THE FRONT OF AN EXISTING RETAIL STORE SECTION I: PROJECT DESCRIPTION Application No.: 12-EXC-98 Applicant: Pacific Neon (for Target) Location: 20745 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 spirit and intent of this title; b) That the approval 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. 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 denied 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 12-EXC-98, as set forth in the Minutes of the Planning Commission Meeting of October 26, 1998, and are incorporated by reference herein. Resolution No. 4976 12-EXC-98 October 26, 1998 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The approval is based on Site Plan and Elevations, pages 2-4 dated September 23, 1998, except as may be amended by the Conditions contained in this Resolution. 2. PHARMACY SIGN The exception for a third sign applies to the "Phartnacy" sign only. Should the pharmacy not reside in the retail establishment, the third sign will be removed. 3. SIGN SIZES Both the "PHARMACY" and "GARDEN CENTER" signs shall be 24" tall with upper case lettering. The "PHARMACY" sign shall not exceed a length of 16' 2" and the "GARDEN CENTER" sign shall not exceed a length of 30' 6". ► 4. 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 26 day of October, 1998, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Harris, Mahoney, Stevens and Chairwoman Austin NOES: COMMISSIONERS: Doyle ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Ro ert S. Cowan Donna Austin, Chairperson Director of Community Development Cupertino Planning Commission