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DRC Reso 241 EXC-2006-08 CITY OF CLTPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 241 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW A SECOND WALL (LOGO) SIGN ON THE SAME SIDE OF THE BUILDING AND A MAXIMUM WALL SIGN HEIGHT OF UP TO FIVE (5) FEET FOR AN APPROVED ENTERTAINMENT CENTER AT 19625 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: EXC-2006-08 Applicant: Jim Hutchinson for Chuck E. Cheese Entertainment, Inc. Location: 19625 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 that the changes are beneficial and compatible with the surrounding area; 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title, in that a taller logo sign is necessary because the primary audience is young children who do not read and the building is setback far from the street; 2. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare, instead young children will have an easier time locating the business; 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. The sign area is under the maximum allowed by the sign code. The revised sign height will provide adequate visibility for younger patrons. 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-2006-08, is hereby approved; and Resolution No.241 EXC-2006-08 September 21, 2006 Page 2 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-2006-08 as set forth in the Minutes of the Design Review Committee Meeting of September 21, 2006, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the sign exhibits titled: "Chuck E. Cheese #786" consisting of 3 pages labeled SITE/SUMMARY, A0.0 and B-1, except as may be amended by conditions contained in this resolution. 2. SIGN AREA The proposed sign area shall be consistent with the City Sign Ordinance. 3. SECOND SIGN APPROVAL Approval is hereby granted for a second wall (logo) sign of up to five (5) feet in height. 4. 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 21St day of September 2006, 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 Giefer, Saadati NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none _-� ,, ATTEST: �___�PPR,.OVED:`� �l � / �� � Ciddy Word 11 Li� 'efer, Cha�r-' City Planner Design iew Committee