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DRC Reso 017/ _I,_ T / E CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 17 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL SITE APPROVAL FOR A 558 SQUARE FOOT ELECTRO/MECHANICAL ROOM ENCLOSURE AND A TRASH FISH SPRAY -OFF ENCLOSURE AT AN EXISTING MARKET AT 10881 S. BLANEY AVENUE SECTION I: PROJECT DESCRIPTION Application No.: 20 -ASA -00 Applicant: Salvatore Caruso (Tin Tin Market) Location: 10881 S. Blaney Avenue SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for an Architectural and Site Approval, as described in this Resolution; and WHEREAS, the Design Review Committee finds that the changes are beneficial and compatible with the surrounding area; 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 the zoning ordinance, noise ordinance and the General Plan. 3. The proposal will use materials that complement neighboring structures. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. 20 -ASA -00, is hereby approved; 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 20 -ASA -00 as set forth in the Minutes of the Design Review Committee Meeting of August 23, 2000, and are incorporated by reference herein. Resolution No. 17 20 -ASA -00 August 23, 2000 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on submitted plan sets entitled "Tin Tin Market 10881 S. Blaney Avenue, Cupertino, CA 95014" consisting of 13 sheets labeled: ALL, A1.2, A2.1 and A3.1 and dated 6/30/00. 2. FINISH MATERIALS The enclosure walls shall be painted to match the surrounding exterior walls. 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. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of 740 square feet from the "revitalization or development of other commercial properties" development category in the Retail Commercial Development Priorities Table of the General Plan. 5. NOISE TESTING Prior to final sign -off of the building permit, the noise generated by the mechanical equipment shall be tested to ensure it meets city noise ordinance standards. Additional noise mitigation measures will be required if city noise standards are exceeded. 6. REVIEW OF FISH SPRAY -OFF AREA The applicant shall work with staff to determine if enclosing the fish spray -off area will eliminate or lessen exterior fish smells and implement the solution, fully -enclosed or not fully -enclosed, that reduces exterior fish smells the most. PASSED AND ADOPTED this 23rd day of August, 2000, 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: Doyle, Chairperson Stevens NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Resolution No. 1.7 20 -ASA -00 Page 2 ATTEST: Ciddy Wordell City Planner g:/planni7g/dre/20-ASA-00 reso.doc August 23, 2000 APPROVED: �,R� ferry Stevens esign Review Committee