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DRC Reso 191EXC-2004-19 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 191 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO SIGN EXCEPTIONS FOR A SIGN PROGRAM THAT ALLOWS SIGNS THAT EXCEED THE MAXIMUM ALLOWED HEIGHT, THE USE OF BLADE SIGNS, AND DIRECTORY SIGNS THAT ARE VISIBLE FROM THE PUBLIC STREET. SECTION 1: PROTECT DESCRIPTION Application No.:' EXC-2004-19 Applicant: Silverstone Communities Location: Southeast corner of De Anza Blvd and Town Center Lane 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: L The literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare; 3. The exception is one that will require the least modification to 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 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-2004-19 set forth in the Minutes of the Design Review Committee meeting of, January 5, 2005, and are incorporated by reference as though fully set forth herein. Resolution No. 191 EXC-2004-19 January 5, 2005 Page 2 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheets SG, SG.1, SG.2, SG.3 and SGA of a plan set entitled: "Civic Park R2 by Silverstone Communities Cupertino, CA 95014" dated December 15, 2004, 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 5th day of January 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: NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: Commissioner Chen and Acting Chairperson Miller COMMISSIONERS: COMMISSIONERS: Chairperson Wong COMMISSIONERS: Ciddy Wordell, City Planner G: \ Planning \ DRC \ res \ EXC-2004-19 res.doc APPROVED: V4-— a-;�7A Marty Miller, Acting Chairperson Design Review Committee