DRC Reso 175ASA -2004-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 175
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR A LANDSCAPING
PLAN AND MINOR ARCHITECTURAL CHANGES TO AN APPROVED COMMERCIAL
PROJECT (U-2004-04)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA -2004-17
Applicant: Kevin Jones (Panera Bread)
Location: 20807 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; and
5. The streetscape improvements meet the intent of the Heart of the City Specific Plan
landscaping standards in that they provide outdoor pedestrian activities, in the
Crossroads area activity node.
Resolution No. 175 ASA -2004-17 October 6, 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 -2004-17
set forth in the Minutes of the Design Review Committee meeting of, October 6, 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: "Good Earth Redevelopment, J. Volckmann &
Associates, 20807 Stevens Creek Boulevard, Cupertino, California ", dated Sept. 8, 2004
and consisting of three pages labeled Preliminary Landscape Master Plan, A2 & A3,
except as may be amended by conditions in this resolution.
2. SIGNAGE:
No signs are approved as part of this application.
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.
4. LANDSCAPE PLAN MODIFICATIONS
The street side row of Flowering Pear trees shall be 36" box size and the inner row of
Flowering Pear trees shall be 24" box size.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
5. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post -
development calculations must be provided to identify if storm drain facilities need
to be constructed or renovated.
Resolution No. 175 ASA -2004-17 October 6, 2004
Page 3
6. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to maintain all
non-standard items in the City's Right-of-way.
PASSED AND ADOPTED this 6th day of October 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:
Ciddy Wordell
City Planner
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Gilbert Wong, Chairper o
Design Review Conus ee