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DRC Reso 273 ASA-2008-02, EXC-2008-09 � CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 273 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECURAL AND SITE APRROVAL FOR A NEW EXTERIOR ENTRANCE AND MINOR EXTERIOR CHANGES TO AN EXISTING RESTAURANT AND A SIGN EXCEPTION TO ALLOW SIGNS TO EXCEED THE MAXIMUM NUMBER AND HEIGHT LIMITATION, AT 10343 N WOLFE ROAD (T.G.I. FRIDAY) SECTION I: PROTECT DESCRIPTION Application No.: ASA-2008-02, EXC-2008-09 Applicant: Ray Newcomer Location: 10343 N. Wolfe Road (T.G.I. Friday's) SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received applications for a Exterior Modification and a Sign Exception, as described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes and the proposed exceptions are beneficial and compatible with the surrounding area; 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; 2. The proposal is generally consistent with the general plan and the zoning ordinance. 3. The number, location, color, size, height of the proposed advertising signs and exterior modifications do not post any traffic hazards and positively affect the general appearance of the neighborhood and is harmonious with the adjacent developments. 4. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and 5. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. Resolution No. 273 ASA-2008-02,EXC-2008-09 May 14,2008 Page 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application nos. ASA-2008-02 and EXC-2008-09, are 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 Applications ASA-2008-02 and EXC-2008-09 as set forth in the Minutes of the Design Review Committee Meeting of May 14, 2008, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a plan set entitled: "TGI Friday's @ Cupertino, CA" dated Apri129, 20089 submitted and reviewed by the Design Review Committee on May 14, 2008, except as amended by this resolution. 2. OUTDOOR SEATING To the maximum extent possible, the existing outdoor seating area along the south side of the building shall be enlarged to wrap around the building to the east side along Wolfe Road. The final revised patio plan shall be reviewed and approved by the Planning Department prior to issuance of building permits. 3. PAINT MATERIALS Exterior and interior paint shall be either low or no VOC (Volatile Organic Compound) paint to be supplied by Sherwin-Williams or other brands as determined appropriate by the Director of Community Development. 4. WINDOW TRANSPARENCY To the maximum extent possible, provide more transparent windows along Wolfe Road and Perimeter Road elevations in order to help externalize the restaurant use and enhance the visibility to the restaurant as viewed from the public right-of-way. Final window plans shall be reviewed and approved by the Planning Department prior to issuance of building permits. 5. TREE REMOVALS The approval does not constitute any tree removals. 5. 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 Resolution No. 273 ASA-2008-02,EXC-2008-09 May 14,2008 Page 3 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 14� day of May 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 _ ..-- ? ATTES : APPROVED: (,_ _'_'`i.,,.`� f,; � � ~ ^ � ' �__ �' Steve Piasecki Li Gi fer, Chairperson , � , Community Development Director Design Re ' ommittee �