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DRC Reso 164EXC-2004-12 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 164 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO FOR A SIGN EXCEPTION TO ALLOW THREE WALL SIGNS (ONE WALL SIGN, TWO ON AWNINGS OVER ENTRIES) AND TO EXCEED THE ALLOWED HEIGHT OF A WALL SIGN LOCATED AT 10030 S. DE ANZA BOULEVARD (HELIOS RESTAURANT) SECTION I: PROTECT DESCRIPTION Application No.: EXC-2004-12 Applicant: Rhonda Marion (Cypress Hotel/Helios Restaurant) Location: 10030 S. De Anza 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; 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-2004-12, 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 Resolution No. 164 EXC-2004-12 July 21, 2004 Page 2 EXC-2004-12 as set forth in the Minutes of the Design Review Committee Meeting of July 21, 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: "Presentation for: Park Place, Cypress Hotel, Drawing number 1096 -C -02 -LS, last modified 6/25/04" consisting of 2 pages, except as may be amended by conditions in this resolution. 2. 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 July 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-2004-12 res.doc APPROVED: Gilbert Wong, Chairpe o Design Review Co ee