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DRC Reso 221EXC-2005-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 221 'OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION FOR A 19-1/8- SIGN WHERE AN 18- SIGN IS ALLOWED FOR AN EXISTING SHELL SERVICE STATION ON 19990 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: EXC-2005-14 Applicant: Pete Tobin (ARC Inc. Architects for Shell Oil Station) Location: 19990 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS,, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino., and the Design Review Committee has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 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. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be. detrimental to the public health, safety, general welfare, or convenience; 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 subnuitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; 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-2005-14 set Resolution No. EXC-2005-14 September 1, 2005 Page 2 forth in the Minutes of the Design Review Committee meeting of, September 1, 2005, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a plan set numbered A-1 to A-9 entitled: "Shell RVI Retrofit, Cost Center #135216, Silverado Canopy Level 2, 19990 Stevens Creek Blvd.", except as may be amended by conditions in this resolution. 2. SERVICE STATION LIGHTING Illuminated signs that are not part of the security lighting system for the station shall be turned off at 11:00 P.M. or within two hours after the business is closed, whichever is the later time. All exterior lighting shall be placed in a manner so that the. light source will not be visible from off of the site. 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 failto 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 September 2005, 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 Giefer, Chairperson Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: Ciddy Wordell, City Planner G: IPlanningIDRClres120051EXC-2005-I4 res.doc APPROVED: Marty ler, Chairperson Design Review Committee