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DRC Reso 073EXC-2002-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 73 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO FOR A SIGN EXCEPTION TO CONSTRUCT TWO MONUMENT SIGNS FOR A PROPOSED HOTEL AND RESTAURANT AND TO EXCEED THE ALLOWED NUMBER AND SIZE OF WALL SIGNS IN ACCORDANCE WITH TITLE 17 OF THE CUPERTINO MUNICIPAL CODE. SECTION I: PROTECT DESCRIPTION Application No.: EXC-2002-01 Applicant: David Sussman (Cupertino Hotel Associates) Location: 10050 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-2002-01, 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-2002-01 as set forth in the Minutes of the Design Review Committee Meeting of March 19, 2002, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Resolution No. 73 EXC-2002-01 Page 2 March 19, 2002 1. APPROVED EXHIBITS Approval is based on a plan set entitled: Cypress Hotel, De Anza & Stevens Creek Blvd. and consisting of seven sheets that are unnumbered and dated 6/14/01 (original drawing), excepted as may be amended by conditions contained in this resolution. 2. LIGHTING INTENSITY After the installation of all signage, light intensity levels associated with signage shall be subject to approval by the Director of Community Development prior to final occupancy of the hotel and restaurant. 3. MONUMENT SIGN LOCATIONS The monument signs shall be located on the hotel property, and set back at least one foot from the property line. 4. RESTAURANT MONUMENT SIGN The name of the restaurant on the monument sign shall be different from the hotel name. 5. 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 19th day of March, 2002, 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: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Ciddy Wordell City Planner g.1planning/dre/EXC-2002-01 res.doc Saadati and Chairperson Auerbach Design Review Committee