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ASA-2004-17b 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 CONU0UNITYDEVELOPMENT October 1L 2004 Mr. Kevin Jones 10 South Third Street, Suite 400 San Jose, CA 95110 SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application ASA-2004-17 This letter confirms the decision of the Design Review Committee, given at the meeting of October 6,2004; approving an architectural and site approval for a landscaping plan and minor architectural changes to an approved commercial project (U-2004-04), located at 20807 Stevens Creek Boulevard, according to Resolution No. 175. Please be aware that if this permit is not used within two years, it shall expire on October 6,2006. 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 wiH be notified of a public hearing, which will be scheduled before the City Council. Sincerely, /\ Colin J ung c;::/f._--U Senior Planner Enclosures: Resolution No. 175 Cc: Stevens Creek Office Center Associates, 20833 Stevens Creek Boulevard, Cupertino 95014 g:planning/DRC Committee/action letter ASA-2004~ 17 Printed on Recycled Paper ASA-2004-17 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 175 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR A LANDSCAPING PLAN AND MINOR ARCHITECTURAL CHANGES TO AN APPROVED COMMERCIAL PROJECT (U-2004-04) SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: ASA-2004-17 Kevin Jones (Panera Bread) 20807 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; and 5. The streetscape improvements meet the intent of the Heart of the City Specific Plan landscaping standards in that they provide outdoor pedestrian activities in the Crossroads area activity node. Resolution No. 175 Page 2 ASA-2004-17 October 6, 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-2004-17 set forth in the Minutes of the Design Review Committee meeting of, October 6, 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: "Good Earth Redevelopment, J. Volckmann & Associates, 20807 Stevens Creek Boulevard, Cupertino, California ", dated Sept. 8,2004 and consisting of three pages labeled Preliminary Landscape Master Plan, A2 & A3, except as may be amended by conditions in this resolution. 2. SIGNAGE: No signs are approved as part of this application. 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. 4. LANDSCAPE PLAN MODIFICATIONS The street side row of Flowering Pear trees shall be 36" box size and the inner row of Flowering Pear trees shall be 24" box size. SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 5. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. Resolution No. 175 Page 3 ASA-2004-17 October 6, 2004 6. MAINTENANCE AGREEMENT The developer shall enter into a maintenance agreement with the City to maintain all non-standard items in the City's Right-of-way. PASSED AND ADOPTED this 6th day of October 2004, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following ron call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Commissioner Miller and Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Isl Ciddy Wordell Ciddy Wordell City Planner /s/ Gilbert Wong Gilbert Wong, Chairperson Design Review Committee G: \ Planning \ DRe\ res \ASA-2004-17 res. doc