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Reso 6254 ASA-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6254 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW FOR THE INFRASTRUCTURE OF A LINEAR PARK THAT IS PART OF THE CIVIC PARK DEVELOPMENT. SECTION I: PROTECT DESCRIPTION Application No.: ASA-2004-07 Applicant: Hunter Storm (Ren Carducci) Location: West of the intersection of Town Center Lane and Torre Avenue 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; 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 ASA-2004-07 Resolution No. 6254 ASA-2004-07 June 14, 2004 Page 2 � set forth in the Minutes of the Planning Commission meeting of June 14, 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: "Preliminary Design Submittal Civic Park R1 Park" dated May 28, 2004 and consisting of four sheets labeled LO-0, L1.0, L2.1 and L3.0 by Dahlin Group, except as may be amended by the conditions contained in this approval. 2. TRASH/RECYCLING BINS Trash and recycling bins shall be located based on Exhibit A. 3. 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 14th day of June 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: Chen, Giefer and Acting Chair Miller ' NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Wong ABSENT: COMMISSIONERS: Chairperson Saadati ATTES . APPROVED: I � �, , Ste e Piasecki Marty Miller, Acting Chair Director of Community Development Cupertino Planning Commission