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DRC Reso 165EXC-2004-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 165 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO FOR A SIGN EXCEPTION TO ALLOW A MONUMENT SIGN CLOSER THAN 100 FEET FROM A RESIDENTIAL DISTRICT AT 10253 N. PORTAL AVENUE (BRIGHT HORIZONS SCHOOL) SECTION I: PROTECT DESCRIPTION Application No.: EXC-2004-10 Applicant: Michael Sedwick (Bright Horizons School) Location: 10253 N. Portal Avenue 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; 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-2004-10, is here by 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-2004-10 as set forth in the Minutes of the Design Review Committee Meeting of August 4, 2004, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a plan set entitled: "Bright Horizons, 10253 N. Portal Ave." consisting of 5 pages, except as may be amended by conditions in this resolution. Resolution No. 165 EXC-2004-10 August 4, 2004 Page 2 2. REMOVAL OF ILLEGAL MONUMENT SIGN The applicant shall remove the two installed monument signs located at the entrance and exit of the parking lot within thirty (30) days from the date of this resolution. 3. NEW MONUMENT SI Applicant shall be allowed to install one new monument sign at the entrance to the parking lot. This monument sign shall be designed to be unobtrusive and fit in with the neighborhood. Colors for the monument sign shall be earthtone to fit the design of the building and shall not contain advertising such as "enrolling now', "summer program', or the phone number for the center. The sign shall contain the name of the business and a clearly visible address to aid emergency personnel in locating the business. Final design approval shall be obtained from staff. Applicant shall apply for a building permit for the installation. 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 4th day of August 2004, 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: Commissioner Chen and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Commissioner Miller ATTEST: Ciddy Wordell City Planner G:\Planning\DRC\res\EXC-2004-10 res.doc APPROVED: Gilbert Wong, Chairperson Design Review Committe