Reso 6438 EXC-2006-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6438
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FOR
A SIGN EXCEPTION TO ALLOW A SIGN (STATUE) TO EXCEED THE
NUMBER AND HEIGHT OF ALLOWED SIGNS
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2006-11
Applicant: Janet Lau (Merlion Restaurant)
Location: 19770 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 not result in
restrictions inconsistent with the spirit and intent of this title, in that the Merlion
statue 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
in that the exposed neon accent is only around the fish logo on the wall signs.
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 to allow a sign (statue) to
exceed the number and height of allowed signs is hereby approved subject to the
conditions which are enumerated in this Resolution; and
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
ResoluHon No.6438 EXC-2006-11 December 12,2006
Page 2
1. APPR ED E H IT
The recommendation of approval is based on Exhibits titled: "Outdoor Patio
Layout, Merlion Marketplace Restaurant, Cupertino Marketplace, 19628 Stevens
Creek Boulevard, Building A, Cupertino, CA, Revised November 22, 2006"
consisting of 4 sheets, except as may be amended by the Conditions contained 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.
3. 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.
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-2006-11, as set forth in the Minutes of the Planning Commission
Meeting of December 12, 2006 and are incorporated by reference herein.
PASSED AND ADOPTED this 12� day of December 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
ATTEST: APPROVED:
�
Steve Piasecki M iller, Chairperson
Director of Community Development Cupertino Flanning Commission