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DRC Reso 281 ASA-2008-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 281 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR LANDSCAPING, PARKING IMPROVEMENTS AND ACCESSORY STRUCTURES AT AN EXISTING CHURCH LOCATED AT 20920 MCCLELLAN ROAD SECTION I: PROTECT DESCRIPTION Application No.: ASA-2008-08 Applicant: Tom Dyer (St. Jude's Episcopal Church) Location: 20920 McClellan Road SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for Architectural and Site Approval, as described in this Resolution; and 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, Heart of the City Specific Plan and zoning ordinance; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. ASA-2008-08, is hereby approved; 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-2008-08 as set forth in the Minutes of the Design Review Committee Meeting of September 4, 2008 are incorporated by reference herein. Resolution No. 281 ASA-2008-08 September 4,2008 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set submitted by Aitken Associates titled: "St. Jude Apostle Episcopal Church/20920 McClellan Road, Cupertino, CA" dated 6/3/08 and consisting of three pages labeled L1 (sheet 1 of 3), L2 (sheet 1 of 2) and L2 (sheet 2 of 2), except as may be amended by conditions in this resolution. 2. FENCING The applicant shall construct a 3-foot tall wooden fence at the southerly property line between the sidewalk and existing 6-foot tall fence. 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 4. SIDEWALK REPAIR Prior to building permit approval, replace 100 feet of sidewalk along McClellan Road that has cracks and breaks. Replace Cable TV box Cover (along Stelling Road, near the intersection of Stelling Road and McClellan Road) to the satisfaction of the City Engineer. 5. TRAFFIC MEDIAN EXTENSION Prior to building permit approval, extend center traffic median along South Stelling Road past the existing driveway to the satisfaction of the City Engineer. The City shall evaluate the need for a Stelling Road left turn pocket at the new southerly driveway entrance and require such from the applicant if needed as part of the second phase work. Resolution No. 281 ASA-2008-08 September 4,2008 Page 3 PASSED AND ADOPTED this 4� day of September 2008, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer, Rose NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none � � � ATT T: A ROV �=e'��►�. - Steve Piasec i, Director Lis iefer, Cha' Community Development Department esign ommittee