ASA-2004-04b
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
OF
CUPERJINO
COMMUNITY DEVELOPMENT
April 22, 2004
Marc DiMalanta
1607 Jackson Street
San Francisco, CA 94109
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application ASA-2004-04
This letter confirms the decision of the Design Review Committee, given at the meeting
of April 21, 2004; approving an architectural and site approval for exterior building and
parking lot changes to an existing, vacant restaurant (formally El Torito) at Valko
Fashion Park, located at 10330 N. Wolfe Road, according to Resolution No. 148.
Please be aware that if this permit is not used within two years, it shall expire on
April 21, 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,
Assistant Planner
Enclosures:
Resolution No. 148
g:plmmingiDRC Committee/action letter ASA-2004-04
ASA-2004-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 148
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR EXTERIOR BUILDING
AND PARKING LOT CHANGES TO AN EXISTING V ACANT RESTAURANT (FORMERLY
EL TORITO) AT V ALLCO FASHION PARK
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
ASA-2004-04
Marc DiMalanta - Representing Alexander's Steak House
10330 N. Wolfe Road
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 proposaC 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. 148
Page 2
ASA-2004-04
April 21, 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-2004-04
set forth in the Minutes of the Design Review Committee meeting of, April 21, 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: U Alexander's Steak House" dated March 26,
2004, except as may be amended by conditions in this resolution.
2. REVISIONS TO THE NORTH ELEVATION
The applicant shall work with staff to revise the proposed parapet wall on top of the
existing roof. The two existing parapet walls (false chimneys) shall either be preserved
with some minor cosmetic upgrades to match the rest of the building or the proposed
widening of the parapet wall shall be minimized to the maximum extent possible or
redesigned to provide additional articulation and interest.
3. SIGN AGE
No signs are approved as part of this application. Signage will be reviewed and
approved by the Design Review Committee for conformance with the City's Sign
Ordinance at a later date.
4. TRASH ENCLOSURE
The size of the trash enclosure shall be extended to accommodate the following:
2 - 3 Yard garbage containers (4' x 7')
1-3 yard cardboard container (4' x 7')
3 - 96 gallon recycling toters (2.5' x 3')
A roof is required over the enclosure and the interior height of the enclosure should be a
minimum of 9 feet. The floor of the enclosure shall not drain to cause any runoff to the
adjacent pavement or to allow run-on of storm water into the enclosure. The applicant
must indicate on the plans the drainage pattern of the enclosure and surrounding area as
well. Revised plans shall be reviewed and approved by the Public Works Department
prior to issuance of building permits. Revised elevation drawings of the trash enclosure
shall be reviewed and approved by the Planning Department prior to issuance of
building permits.
Resolution No. 148
Page 3
ASA-2004-04
April 21, 2004
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 21st 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:
ABST AIN:
ABSENT:
COMMISSIONERS: Commissioner Miller and Chairperson Wong
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
I sl Ciddy Wordell
Ciddy Wordell,
City Planner
Isl Gilbert Wong
Gilbert Wong, Chairperson
Design Review Conunittee
G: \ Planning \ DRC\ res \ ASA-2004-04 res.doc
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