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DRC Reso 151CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 151 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR AN EXTERIOR SIGN AT VALLCO FASHION PARK SECTION I: PROTECT DESCRIPTION Application No.: ASA -2004-08 Applicant: Mike Rohde (Dynasty Restaurant) Location: 10123 N. Wolfe Road 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. The proposal is consistent with the Vallco Development agreement. 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 -2004-08 set forth in the Minutes of the Design Review Committee meeting of, May 5, 2004, and are incorporated by reference as though fully set forth herein. Model Resolution ASA -2004-08 May 5, 2004 Page 2 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a plan set entitled: "Vallco Dynasty Restaurant" consisting of two sheets, except as may be amended by conditions in this resolution. 2. 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 5t" day of May 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, Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Ciddy Wordell, City Planner G:\ Planning \ DRC \ res \ ASA -2004-08 res.doc APPROVED: Gilbert Wong, Chairperso Design Review Committe