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EXC-2005-16b 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COlv1MUNITY DEVELOPMENT October 7, 2005 Fred Rios Hewlett Packard 19447 Pruneridge Ave Cupertino, Ca. 95014 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application EXC-2005-16 This letter confirms the decision of the Design Review Committee, given at the meeting of October 6,2005; approving a sign exception for an offsite sign, located at the corner of Stevens Creek and Finch, according to Resolution No. 224. Please be aware that if this permit is not used within one year, it shall expire on October 6, 2006. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, cJ~a -r~ Colin Jung! V I Planning Department Enclosures: Resolution No. 224 Cc:: ABC Tree Farms EXC-2005-16 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 224 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A SIGN EXCEPTION TO ALLOW A TEMPORARY OFF- SITE GROUND SIGN AT THE NORTHWEST CORNER OF STEVENS CREEK BOULEVARD & FINCH AVENUE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: EXC-2005-16 ABC Tree Farm (Hewlett Packard) No address - Northwest Corner of Stevens Creek Blvd. & Finch Ave. 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 in that the City allows informational signage for relocating storefront businesses, but has no similar provisions for relocating seasonal sales lot businesses; 2. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare in that the ground sign shall conform to placement regulations that promote safety. 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 in that the sign is reasonably sized at 4' by 8' to inform passing motorists/ customers without being visually overwhelming. 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-2005-16, is hereby approved; and Resolution No. 224 Page 2 EXC-200S-16 October 6, 2005 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-2005-16 as set forth in the Minutes of the Design Review Committee Meeting of October 6,2005, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a document titled 1/ Area Application Guidelines for a Sign Exception for ABC Tree Farms" , the sign content sheet and an aerial photo (Exhibit A) which shows the no signage area of the subject property, except as amended by this resolution. 2. TEMPORARY SIGNAGE DATES Approval is granted for a temporary ground sign that may be erected between the following inclusive dates October 7,2005 to October 31,2005, and between November 24, 2005 to December 26, 2005. 3. SIGN AGE SIZE, CLEARANCE AND PLACEMENT RESTRICTIONS The ground sign shall be no more than 32 square feet in area and be sited on private property with a clearance of three feet between the top of the sidewalk and the bottom of the sign panel. The sign shall not be located in the 1/ no signage" area depicted in Exhibit A. 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 6th day of October 2005, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: Resolution No. 224 Page 3 EXC-2005-16 October 6, 2005 AYES: NOES: ABSTAIN: ABSENT: - COMMISSIONERS: Commission Giefer, Chairperson Miller COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: I sl Ciddy Wordell Ciddy Wordell City Planner I s I Marty Miller Marty Miller, Chairperson Design Review Committee G: \ Planning \ DRC\ res \ 2005 \ EXC-2005-16 res.doc Area Application GuidelilJ-esJor a Sign Exc~tion for ABC Tree Farms ABC Tree Farms is requesting a sign exception to place an off site sign at their prior business location at the Northwest comer of the intersection of Stevens Creek Blvd and Finch Rd. ABC Tree Farms had operated a seasonal sales site at this location for approximately twenty years prior and wishes to inform it's past customers that it has moved location to a new location at the intersection of Sunnyvale Saratoga Rd,lDeAnza Blvd and Bollinger Rd in San Jose. ABC Tree Farms has received written permission from the landowner, Hewlett Packard, which is on the application that follows, We are requesting that the design of the sign be as shown in the following sign diagram_ We will allow 3 feet of clearance between the top of the sign and the sidewalk and the bottom of the sign panel. The sign will be located behind the dotted line shown in the Ariel photo you provided to us_ We are requesting that the size ofthe sign be thirty two square feet. We will put up the sign on October 1 st, 2005 and take down the sign on October 31 st, and it will go back up on November 24th, 2005 and taken down on December 26th, 2005, The sign will be compliant with the sign codes of the City of Cupertino_ I have enclosed the appropriate fees for the Application and Deposit. If! can be of any further assistance please call me Jerry Klima at 503 975 8733.