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Reso 4770 9-EXC-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4770 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A SIGN EXCEPTION TO ALLOW TWO SIGNS ON THE CANOPY WHEN ONLY ONE IS ALLOWED, IN ACCORDANCE WITH CHAPTER 17.04 OF THE CUPERTINO MUNICIPAL CODE SECTION I: PROJECT DESCRIPTION Application No.: 9-EXC-96 Applicant: Davco Associates Property Owner: Robert Saich Location: 10165 N. DeAnza 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 applicant has not demonstrated a compelling reason for granting an exception and has not met the following findings for a Sign Exception as required in Section 17.44.040 of the Cupertino Municipal Code: 1. That the literal enforcement of the provisions of this ordinance will result in restrictions inconsistent with the spirit and intent of this ordinance; 2. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and 3. 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, 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 9-EXC-96, as set forth in the Minutes of the Planning Commission Meeting of November 12, 1996, and are incorporated by reference herein. Resolution No. 4770 9-EXC-96 November 12, 1996 Page -2- PASSED AND ADOPTED this 12th day of November, 1996 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle and Harris NOES: COMMISSIONERS: Chairman Roberts ABSTAIN: COMMISSIONERS: Mahoney ABSENT: COMMISSIONERS: ATTEST: APPROVED: Robert Cowan Pau Roberts, Chairman Director of Community Development Cupertino Planning Commission g:/pdreport/r9exc96 I