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DRC Reso 291 ASA-2010-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 291 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE REVIEW FOR A NEW RETAINING WALL AND LANDSCAPING AT AN EXISTING RELIGIOUS RETREAT SECTION I: PROTECT DESCRIPTION Application No.: ASA-2010-04 Applicant: Brent Downing (Legionaries of Christ) Location: 22840 Mercedes Rd 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 has incorporated measures that reduce its visual impact on the hillside environment; 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 sub conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA-2010-04 set forth in the Minutes of the Design Review Committee meeting of October 7, 2010, and are incorporated by reference as though fully set forth herein. Resolution No. 291 ASA-2010-04 October 7,2010 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on submitted plan set titled, "Our Lady of Santa Clara, 22840 Mercedes Road, Cupertino, CA" consisting of 11 pages, dated September 9, 2010, except as may be amended by conditions in this resolution. 2. RETAINING WALL, PHASE IA The retaining wall shall be textured to create a naturalistic stone appearance. The top of the retaining wall shall be planted with native plants to screen the retaining wall to the satisfaction of the Director of Community Development at the building permit stage. 3. RETAINING WALL, PHASE IB AND_PHASE II The retaining walls for Phases IB and II are not approved. The applicant shall submit a separate Architectural and Site Approval application for the proposed walls in Phases IB and II at such time when the final retaining wall designs and landscaping plan are completed, taking into account the visual impact of these walls from neighboring residential properties. The application shall include a status report on the Phase IA landscaping. 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 7� day of October 2010, 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 Lee, Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: ��-� .���� �% ary �hao Winnie Lee, Cha' pe on City Planner Design Review Committee