Reso 6391 i
EXC-2006-04
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� CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6391
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FOR
� A SIGN EXCEPTION TO ALLOW EXPOSED NEON ON TWO WALL
SIGNS AT MARKETPLACE SHOPTING CENTER
( SECTION I: PROTECT DESCRIPTION
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Application No.: EXC-2006-04
Applicant: Wayne Okubo (Wahoo's Fish Taco)
h Location: 19626 Stevens Creek Boulevard
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SECTION II: FINDINGS
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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 not result in
restrictions inconsistent with the spirit and intent of this title, in that the exposed
neon accent trim does improve the identification of the business and is harmonious
with the design of the building/signs;
b) That the granting of the exception will not result in a condition which is not
detrimental to public health, safety and 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
1 in that the exposed neon accent is only around the fish logo on the wall signs.
� NOW, THEREFORE, BE IT RESOLVED:
IThat 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
I ground sign border is hereby approved subject to the conditions which are enumerated
� in this Resolution; and
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Resolution No. 6391 EXC-2006-04 May 23,2006
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
� DEVELOPMENT DEPT.
� 1. APPROVED EXHIBITS
Approval is based on a plan set titled: "Wahoo's Fish Taco, 19626 Stevens Creek
Blvd., Cupertino, CA" dated July 25, 2005, consisting of five pages, except as may be
amended by conditions in this resolution.
� 2. EXPIRATION DATE OF APPROVAL
, This sign exception approval shall be valid for only one (1) year from the date of
approval.
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2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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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-2006-04, as set forth in the Minutes of the Planning Commission
Meeting of May 23, 2006 and are incorporated by reference herein.
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati, Wong
Chien
NOES: COMMISSIONERS: none
� ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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ATTE �': � APPROVED:
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� Steve Piasec i Marty , Chairperson
� Director of Community Development Cupertino Planning Commission