DRC Reso 128ASA -2003-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 128
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW FOR EXTERIOR BUILDING
AND LANDSCAPING CHANGES TO AN EXISTING RESTAURANT, INCLUDING AN
OUTDOOR DINING PATIO AT 20750 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA -2003-05
Applicant: Charles Ramm. (Marie Callender's Restaurant)
Location: 20750 Stevens Creek Boulevard
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. 128 ASA -2003-05 December 3, 2003
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 -2003-05
set forth in the Minutes of the Design Review Committee meeting of, December 3, 2003, and
are incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is based on the plan set entitled "Marie Callender's, 20750 Stevens Creek
Boulevard, Cupertino, California by Charles Ramm Associates Inc. with various dates
and consisting of six sheets labeled A, B, C, L1, L2 and L3, except as may be amended by
conditions in this resolution.
2. LANDSCAPE CHANGES
The 12 -inch diameter Evergreen Pear located at the north side of the dining patio and
breezeway may be removed in the event of mortality caused by construction activities of
this project.
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.
Resolution No. 128 ASA -2003-05 December 3, 2003
Page 3
PASSED AND ADOPTED this 3rd day of December 2003, 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 Acting Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairperson Saadati
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
G:Planning/ DRC/ RES/ ASA -2003-05 res.doc
APPROVED:
/ s/ Gilbert Wong
Gilbert Wong, Acting Chairperson
Design Review Committee