ASA-2004-03b
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-33D8
FAX: (408) 777-3333
CITY OF
CUPEI\TINO
COMMUNITY DEVELOPMENT
April 9, 2004
Mr. Todd Lee
Evershine VI LP
19770 Stevens Creek Boulevard
Cupertino, CA 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application ASA-2004-03
This letter confirms the decision of the Design Review Conunittee, given at the meeting
of April 7, 2004; approving an architectural and site approval for exterior improvements
to a recently constructed retail building, located at 19780 Stevens Creek Boulevard,
according to Resolution No. 146.
Please be aware that if this permit is not used within two year, it shall expire on
April 7, 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.
Sincerel y,
~J;;;. JJJj
Peter Gilli
Senior Planner
Enclosures:
Resolution No. 146
Cc: Mr. Dan Novac, WD Partners, 909 Lake Carolyn Parkway, Suite 600, Irving, TX
75034
g:planningiDRC Committee/action letter ASA-2004-03
Printed em RfI!C}'cled Paper
ASA-2004-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 146
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR EXTERIOR
IMPROVEMENTS TO A RECENTLY CONSTRUCTED RETAIL BUILDING
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-03
Dan Novac - WD Partners (Elephant Bar)
19780 Stevens Creek 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 Design Review Committee 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. Abrupt changes in building scale is avoided and a gradual transition related to height
and bulk is achieved; and
4. Design harmony between new and existing buildings and structures is protected
through the use of consistent or compatible design and color schemes
Resolution No. 146
Page 2
ASA-2004-03
April 7, 2004
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-2004-03
set forth in the Minutes of the Design Review Committee meeting of, April 7,2004, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Elephant Bar Restaurant" dated March 15,
2004, except as may be amended by conditions in this resolution.
2. IMPROVEMENTS TO REMAINDER OF BUILDING
Exterior improvements will be required of the southerly tenant space to be consistent
with the Elephant Bar improvements. The timing, scope and details of the
improvements must be approved by Planning staff prior to issuance of any building
permits for the remaining tenant spaces in the building. If the remaining tenant spaces
are not filled within six months of the opening of the Elephant Bar, the shopping center
management must install these features.
3. SIGNAGE
No signs are approved as part of this application. Signage will be reviewed for
conformance with the City's Sign Ordinance with the submittal of electrical 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. 146
Page 3
ASA-2004-03
April 7, 2004
PASSED AND ADOPTED this 7th day of April 2004, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Commissioner Miller and Chairperson Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
f sf Ciddy Wordell
Ciddy WordelL
City Planner
f s f Gilbert Wong
Gilbert Wong, Chairperson
Design Review Committee
G.: \ Planning \ DRC\ res \ ASA-2004-03 res.doc
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