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DRC Reso 214DIR-2005-13 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 214 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S MINOR MODIFICATION OF AN EXISTING ARCHITECTURAL AND SITE APPROVAL (ASA -2004-17, Kevin Jones) FOR AWNINGS, LIGHTING, A TRELLIS, AND FIXED PATIO SUNSHADES AND PATIO PAVING FOR AN EXISTING COMMERCIAL BUILDING AT 20807 STEVENS CREEK BOULEVARD. SECTION I: PROTECT DESCRIPTION Application No.: DIR-2005-13 Applicant: Jon Allen (for Panera Bread) Location: 20807 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordancewith 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, Heart of the City Specific Plan and zoning ordinance; 3. Design harmony between new and existing tenant spaces are protected through the use of consistent or compatible design and color schemes NOW, THEREFORE, BE IT RESOLVED: That after careful 'consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Director's Minor Modification application is hereby approved subject to the conditions which are enumerated in this Resolution beginning onpage 2 thereof; and Resolution No. 214 DIR-2005-13 June 2, 2005 2 That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application DIR-2005-13 as set forth in the Minutes of the Design Review Committee meeting of, June 2, 2005, 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; "Panera Bread #954, Stevens Creek Blvd., Cupertino, CA", dated 9/8/04 except as may be amended by conditions in this resolution. 2. SUNSHADE PATIO. COVERS: The proposed fixed, patio sunshade covers are approved, provided that the footings for the posts are depressed below the grade of the patio pavers, such that the footings are not visible: In addition, the sunshade covers must be cleaned regularly, and replaced if they tear or fray in order to maintain their appearance. 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 2nd day of June 2005, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call voter AYES: COMMISSIONERS: Commissioner Giefer and Chairperson Miller NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Ciddy Wordell Marty er, Chairperson City Planner Design Review Committee G:• � Planning \ DRC � res \ DIR-2005-13 Yes.doc