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DRC Reso 148ASA -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 VACANT RESTAURANT (FORMERLY EL TORITO) AT VALLCO FASHION PARK SECTION I: PROTECT DESCRIPTION Application No.: ASA -2004-04 Applicant: Marc DiMalanta - Representing Alexander's Steak House Location: 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 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 Resolution No. 148 ASA -2004-04 April 21, 2004 Page 2 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: "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. SIGNAGE 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 ASA -2004-04 April 21, 2004 Page 3 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: COMMISSIONERS: Commissioner Miller and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: C' Ciddy Wordell, City Planner G: \ Planning \ DRC \ res \ ASA -2004-04 res.doc APPROVED: Gilbert Wong, Chairper n Design Review Committee