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DRC Reso 262 . ASA-2007-15 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 262 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR AN OUTDOOR PLAYGROUND AREA FOR AN APPROVED DAYCARE CENTER/SPECIALIZED SCHOOL AT 20299 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: ASA-2007-15 Applicant: Jody Chan for Legend Learning Center Location: 20299 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for an 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, 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-2007-15, 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 Resolution No. 262 ASA-2007-15 December 6,2007 Page 2 ASA-2007-15 as set forth in the Minutes of the Design Review Committee Meeting of December 6, 2007, 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 titled: "Legend Learning & Family Resource Center, Inc. 20269-20299 Steveri s Creek Blvd.,Cupertino, CA" dated 11/29/07 and consisting of two pages labeled A1 and A2, except as may be modified by conditions contained in this resolution. 2. PLAYGROUND The playground fence posts shall be spaced close together, no more than four feet on center. 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. PASSED AND ADOPTED this 6th day of December 2007, 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 Miller, Giefer NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Kaneda ATTEST: ` ��� V 1 ��, ; - � �Z�cC.�%- ���9'���� , / -�" Ciddy Wordell Ma� i er, Chair City Planner Design iew Committee G:Cupnt/Planning/DRC/Res/ASA-2007-15 res.doc