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DRC Reso 255 ASA-2006-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 255 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR BUILDING C OF THE MARKETPLACE SHOPPING CENTER SECTION I: PROTECT DESCRIPTION Application No.: ASA-2006-14 Applicant: Wayne Okubo (Evershine) Location: 19770 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the City Council has directed the Design Review Committee to review and approve the final architectural and site design of Building C and landscape plans for the Marketplace shopping center in accordance with the conditions of approval for ASA-2005-06 approved by the City Council on February 7, 2006; and WHEREAS, the Design Review Committee has reviewed the architectural and site design for Building C and landscape plans. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the Design Review Committee approves the architectural and site approval and landscape plan, file no. ASA-2006-14, subject to the conditions which are enumerated in this Resolution; 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-2006-14 set forth in the Minutes of the Design Review Committee meeting of, April 19, 2007, 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 the plan set titled: "Marketplace Shopping Center," dated revised April 9, 2007 consisting of 14 pages, except as may be amended by conditions in this resolution. 2. COLOR SCHEME The color scheme for Building C shall match the color scheme presented on the material sheet labeled as page 10 of the plan set dated revised April 9, 2007. Resolution No. 255 ASA-2006-14 Apri119, 2007 Page 2 3. USE LIMITATION The ground floor of Building C shall be occupied solely by retail uses. The second floor may be occupied by office uses, but the total amount of office square footage on site shall be limited to twenty-five percent (25%) of the shopping center's gross square footage. 4. OUTDOOR SEATING Any outdoor seating areas proposed for Building C shall be reviewed and approved by the Director of Community Development, provided adequate parking is provided to accommodate outdoor seating use. Prior to approval of outdoor seating, the applicant shall demonstrate that adequate parking is provided for the outdoor seating use and provide a table and seating layout plan indicating the number and location of tables and seats to be accommodated in the outdoor seating area and furniture design and type (including seating, tables, outdoor lighting, etc.) to be reviewed and approved by the Director of Community Development. 5. TRASH ENCLOSURE The final trash enclosure design shall be reviewed and approved by the Public Works Department prior to issuance of building permits. 6. CONSTRUCTION PHASING The applicant shall prepare a construction phasing schedule, demonstrating completion of the planned Building C within two (2) years of this approval. The construction phasing schedule shall detail critical milestones of the construction and shall provide monetary penalties. If the building construction phasing does not comply with the stated milestone dates,.the applicant shall post a cash deposit in the amount of $200,000 naming the City as beneficiary. If the critical construction phasing is not completed in accordance with the construction schedule, the City at its own discretion will assess a penalty that shall be deducted from the deposit. The applicant shall agree to this condition in writing prior to issuance of building permits. 7. LANDSCAPE PLAN The final landscape plan is approved based upon the approved plan set with the additional requirement that the Brisbane Box trees be minimum 24-inch box trees at the time of planting. The approved final landscape plan shall also include sheet L1 that was submitted during the DRC meeting of April 19, 2007, titled "Planting Plan" for the Marketplace Shopping Center for Building C. 10. 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 Resolution No. 255 ASA-2006-14 Apri119, 2007 Page 3 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 19th day of April 2007, 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 Chien, Wong NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: , � /� � ; � C.�-��C�E�, ��'C�-�-�:�' ° .�j -...-c'� Ciddy Worde 1, Cary Chien, C air City Planner Design Review Committee