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DRC Reso 247 EXC-2006-13 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 247 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW EXPOSED NEON SIGNS ON TWO WALL SIGNS AT THE MARKETPLACE SHOPPING CENTER (POTSTICKER KING) SECTION I: PROTECT DESCRIPTION Application No.: EXC-2006-13 Applicant: Michael Inouye Location: 19634 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Sign Exception, as described in this Resolution; and WHEREAS, the Design Review Committee finds the following with regards to this application: 1. That the literal enforcement of the provisions of this title will not result in restrictions inconsistent with the spirit and intent of this title; 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 application no. EXC-2006-13, 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 EXC-2006-13 as set forth in the Minutes of the Design Review Committee Meeting of February 1, 2007 are incorporated by reference herein. Resolution No. 247 EXC-2006-13 February 1,2007 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set submitted by Allen Signs consisting of 1 page attached to the staff report, except as may be amended by conditions in this resolution. 2. EXPOSED NEON LIGHTING The applicant is granted approval of exposed neon lighting on the two wall signs for Potsticker King Restaurant that is dimmed to a lighting level which does not exceed 75% of the full lighting capacity of the neon signs. 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. PASSED AND ADOPTED this 1st day of February 2007, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Chien, Wong NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APP�OVED. �� % � , ; ; , , �--2��'-��--� �_�� c;�,,�k�li' �n._� Ciddy Wordel Ca hien, Chair City Planner Design Review Committee