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ASA-1994-14bCity Hall ® 10700 Torre Avenue Cupertino, CA 95014-3302 Telephone: (408) 777-3223 ~ il). ~~1 FAX: (408) 777.3366 Ctl~)C1`t1110 OI~PICG Of'I'llls CITY CLIi1tK November 23, 1994 James Payne The Driving Machine 10100 Bubb Road Cupertino, California 95014 CITY COUNCIL ACTION -APPLICATION 14-ASA-94 -THE DRIVING 1VIACHINE. THIS IS A PUBLIC HEARING TO CONSIDER APPEAL OF PLANNING COMMISSION APPROVAL OF A FREEWAY ORIENTED SIGN IN ACCORDANCE WITH SECTION 17.24.170 OF THE CUPERTINO MUNICIPAL CODE FOR A BUSINESS LOCATED AT 10100 BUBB ROAD. (APPEAL FILED BY COUNC. BURNETT.) At the regular meeting of November 21, 1994, Council member Burnett withdrew his appeal of your application. The Cupertino City Council then agreed that the sign shall be allowed per Planning Commission Resolution No. 4566. A copy of the resolution is enclosed. If you have any questions or need additional information, please contact the Department of Community Development staff members. Sincerely, i ~Yl~~c~ KIM MARIE SMITH CITY CLERK KS/cs cc: Department of Community Development Department of Public Work Tuesday, November I5, 1994 City Clerk Kim Smith: y4bj: Withdrawal of appeal of Planning Commission Approval of Application 14-ASA- 1 wish to withdraw my appeal the Planning Commission approval of Application 14- ASA-94. Upon discussion with the applicant, review of the videotape of the 10/23/94 planning commission meeting, observation of the site, and study of Section 17.24.170 of the Municipal Code,"Freeway Orientation", I have concluded that approval of this exception wtll not lead to significant additional requests and will not weaken our sign policy.. The sign requested seems to me to be unobtrusive and in my opinion will not significantly degrade the appearance of Cupertino. I now believe that the findings of the • P,lanlning Commission were cotrcct.. ~/OYt Don Burnett cc: Don Brown, Bob Cowan, Mayor and Council, Chair and Planning Commission ,. _ _ ~.: -_ ;u :. - ~. _,~. __.z s ,,. F ~"" Monday, October 3l, 1994 '9H NOU 1 A(~ 8 59 City Clerk Kim Smith, Subj: Appeal of Planning Commission Approval of Applications 14-ASA-94, 4-HXC-94, and 5-EXC-94 I wish to appeal the Planning Gommission approvnl of Applications 14-ASA-94, 4-EXC- 94, and 5-EXC-94 . These app[icatians for exceptions all represent policy changes for the City. The coriditions for which the exceptions arc grsnted are not unique to the cases reviewed and must be considered in this light. Changing policy is a Council function and should be done by the Council. Whether of not we are to permit extra signs for businesses on dte frteway, smaller • setbacks for homes facing school grounds, and houses which violate the hillside policy, it is important that such policies be unplemented in as a fair and consistent manner as we can devise. By proceedin8 in this way we can minimize the amount of exceptions which must be processed and the time spent dealing with them. ~~~ ~~~ , Don Burnett cc: Don Bruwn, Mayor and Council, Chair and Planning Commission - - ~. „_ ,_. '`F} .. -. `a 10300 Torre Avrnue Cit.• c,f cu.cA 9sola taoel »>-33os Cu ertino rwx~n.,,,~.,,,, Community Ixvelopmrnt ixparo,unt October 25, 1994 The Driving Machine Attn: James Payne 10100 Bubb Road Cupertino, California 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER -Application 14-ASA-94 This letter confums the decision of the Planning Commission, given at the regular meeting of October 24, 1994, approving a sign exception according to the enclosed copy of Planning Commission Resolution No. 4566. Please be awaze that an appeal of this decision can be made within fourteen calendar days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. ' Sincerely, i Thomas Robl lard Community Development Department Enclosure Resolution No. 4566 cJwinword/letters/14 asa94 " ;wi C[TY OF CUPERTINO 10300 Torte Avenue Cupertino, California 95014 14-ASA-94 RESOLUTION NO. 4566 OF THE PLANNING COMMISSION OFT[-IE C[TY OF CUPERTINO APPROVING A FREEWAY ORIENTED SIGN. SF.CTiON I: PROJECT DFC[`RiPTi(1N Application 14-ASA-94 -The Drivin~v,Machine located at 10100 Bubb Road. CFCTTON 11: FiNDINCC WHEREAS, the Planning Commission of the City of Cupertino received an application for a freeway oriented sign in accordance with Section 17.24.170 of the Cupertino Municipal Code, as described in this Resolution; and WHEREAS, the Planning Commission finds that the freeway oriented sign will be directly beneficial to the business and passing motorist due to the nature of the automobile service business. _:~ NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the freeway oriented sign is hereby approved; 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 14-ASA-94 as set forth in the Minutes of the Planning Commission Meeting of October 24, 1994, and are incorporated by reference herein. SECTION R1• CONDITIONS ADMJNiCTFRFD BY O IN1TY DE LOPMENT DEPARTMENT I. Approved Exhibits: The approval is based on the sign elevation criteria dated September 19, 1994 (I sheet), except as may be amended by the conditions contained herein. 2. $jEn Restrictioq~ The sign approved in the above exhibits is for "The Driving Machine" only. Any change in use shall make this approval null and void. PASSED AND ADOPTED this 24th day of October, 1994 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Mahoney, Austin, Roberts, Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS:. Doyle ATTEST: APPROVED (s/ Robert Cowan /e/ Orrin Mahoney Robert Cowan Orrin Mahoney, Chair Community Development Director Cupertino Planning Commission g:\planning4iJua94 a ,; _., F ,, _ .:,_.:. 1 I ~K o n ~ uTS • ~'r`u. wv. c. w.oTM,•u... )[a IIIYiO,G W/ A • 41.+ Tu,~M1 ,l~N~ AR HTL. PM~I ONY CrLt• win. 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