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DRC Reso 04811 -ASA -01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 48 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE. APPROVAL FOR A 640 SQUARE FOOT SECOND LIVING UNIT. SECTION I: PROJECT DESCRIPTION Application No.: 11 -ASA -01 Applicant: Minh Le Location: 23505 Oak Valley Road 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 Design Review Committee finds that the changes are beneficial and compatible with the surrounding area; 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 the zoning ordinance, and the General Plan, as new restaurant will occupy a building historically used as a restaurant in a commercial center. 3. The design will not result in abrupt changes in building scale between the subject site and neighboring properties, as the project does not propose significant exterior changes. 4. The proposal will use materials that compliment neighboring structures, as the proposal does not propose significant exterior changes. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits,. testimony and other evidence submitted in this matter, the application no. 11 -ASA -01, is here by 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 11 -ASA -01 as set forth in the Minutes of the Design Review Committee Meeting of May 16, 2001, and are incorporated by reference herein. Resolution No. 48 11 -ASA -01 May 16, 2001 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set "Le Residence, Guest House" dated February 28, 2001, as amended by this resolution. 2. BUILDING PERMIT The building permit shall be issued for the entire second unit, not for phased construction. 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 16th day of May, 2001, 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: Chen and:Chairperson Corr NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Ciddy Wordell City Planner g:/Manning/dre/11-ASA-01 res.doc APPROVED Charles Corr, Chairperson Design Review Committee