DRC Reso 224EXC-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 CREEKBOULEVARD & FINCH AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2005-16
Applicant: ABC Tree Farm (Hewlett Packard)
Location: 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 SignException, 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 EXC-2005-16 October 6, 2005
Page 2
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 "Area Application Guidelines for a Simon
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. SIGNAGE 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 "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:
1
Resolution No. 224 EXC-2005-16 October 6, 2005
Page 3
AYES: COMMISSIONERS: Commission Giefer, Chairperson Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Ciddy Word, 11 Marty Mi Chairperson
City Planner Design Review Committee
G: Planning \ DRC \ res 2005 EXC-2005-16 res. doc