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DRC Reso 276 ASA-2008-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 276 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPLICATION FOR A STREETSCAPE PLAN ALONG HOMESTEAD AND N. STELLING ROADS AND THE FINAL DETAILS OF THE REQUIRED GREEN BUILDING MEASURES SECTION I: PROTECT DESCRIPTION Application No.: ASA-2008-03 Applicant: Mike Ducote Location: 20800 Homestead Road SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for an Architecture and Site, as described in this Resolution; and 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; NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application no. ASA-2008-03, 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 ASA-2008-03 as set forth in the Minutes of the Design Review Committee Meeting of July 17, 2008 are incorporated by reference herein. Resolution No. 276 ASA-2008-03 July 17,2008 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on a proposed green building practices labeled "Exhibit A" consisting of 2 pages, a solar power analysis labeled "Exhibit B"consisting of 3 pages and the plan set titled "Street Frontage Landscape Plan" dated 5/15/2008 consisting of 1 page, except as may be amended by conditions in this resolution. 2. PHOTOVOLTAIC SYSTEM The applicant shall obtain additional financial analysis regarding the proposed photovoltaic system. In addition, the applicant has been directed by the Design Review Committee to do the following: a) Research/consider different types of solar systems and agreements in order � to achieve a 10-year payback for the cost of the system for the recreation/leasing building and the pool. b) Research and consider the following for a solar system: 1) a power purchase agreement (PPA), 2) leasing or 3) direct installation. All information and analysis are subject to review and approval by the Design Review Committee, tentatively scheduled for the October 2nd hearing date. 3. GREEN BUILDING MEASURES Prior to issuance of a building permit, the applicant shall submit a detailed report describing how they will implement the proposed green building measures listed in Exhibit A and clearly illustrate how they are incorporated on all applicable building set plans. Prior to final occupancy, the developer shall submit a letter confirming that all of the proposed greens building measures have been incorporated. 4. PARK-STRIP ALONG HOMESTEAD ROAD The park-strip along Homestead Road shall be 10' minimum along Homestead Road by shifting the sidewalk inboard. The intent is to provide sufficient room for tree growth and to reflect the parkway design at the redeveloped portion of the shopping center located at the corner of Homestead and N. DeAnza and developments east of DeAnza Boulevard. 5. FRONTAGE TREES The applicant shall plant a double row of California Buckeye trees (Aesculus californica) along Homestead and N. Stelling Road. In addition the madrone tree (Arbutus menziesii) shall be used in place of the Magnolia 'Russet' tree. 6. PEDESTRIAN ACCESS EASEMENT The applicant shall record an easement allowing for public pedestrian access to any portion of the sidewalk that is located on the applicant's private property. The Resolution No. 276 ASA-2008-03 July 17,2008 Page 3 covenant s a e reviewe an approve prior to issuance o a ui ing permit and recorded prior to final occupancy. 7. MAINTENANCE The applicant shall record a covenant and deed restriction running with the land obligating existing and future property owners to maintain all of the landscaping along the subject site frontages along Homestead and Stelling Road. In addition, the applicant shall enter into a maintenance agreement with the City of Cupertino. The agreement and deed restriction shall be subject to approval by the City Attorney. 8. FINAL STREETSCAPE PLAN The final streetscape plan shall be reviewed and approved by the Director of Community Development prior to issuance of a building permit. 9. 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 17th day of July 2008, 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 Giefer, Rose NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none _..�.__ .,. ,. ATTES . APP��V . ,� ) ,'f.. .-�-- _ ;F. ,,,r;` , , � � � ': Stev iase i, Director Lis � 'e er, C air Community Development Department Design Review Com '�tee