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Reso 6230 ASA-2003-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6230 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE REVIEW OF FOR CHANGES TO THE BUILDING EXTERIOR AND SITE IMPROVEMENTS FOR THE KINDERCARE DAYCARE FACILITY AT 1515 SOUTH DE ANZA BOULEVARD. SECTION I: PROTECT DESCRIPTION Application No.: U-2003-13, ASA-2003-09, EA-2003-18 Applicant: Kindercare Learning Centers, Inc. Location: 1515 S. De Anza 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 Planning Commission 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. 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; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that compliment the existing and neighboring structures; 4. The proposal includes landscaping and a pedestrian-oriented streetscape that will soften the appearance of the structure. 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 Resolution No. 6230 ASA-2003-09 January 12, 2004 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 ASA-2003-09 set forth in the Minutes of the Planning Commission meeting of January 12, 2004, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is based on the plan set entitled "Kindercare Learning Centers #1806 and dated january 8, 2004. 2. ARCHITECTURAL DESIGN The entry feature shall be redesigned to reflect Alternative A recommended by the consultant architect, Larry Cannon, on December 17, 2003. 3. FENCING All proposed exterior fencing shall be tubular steel (color: black). The design shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 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. Resolution No. 6230 ASA-2003-09 January 12, 2004 Page 3 PASSED AND ADOPTED this 12� day of January 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Miller, Vice-Chair Saadati, Wong and Chairperson Chen NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTES : APPROVED: � Steve Piasecki Angela C n, Chairperson Director of Community Development Cupertino Planning Commission J:\Planning\PDREPORT\RES\ASA-2003-09 res.doc