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ASA-2008-03b〱〳‰潔牲⁥㥁〵㐱਍畃数瑲湩Ɐ䌠污晩牯楮㜷ⴷ㌳㠰਍敔敬桰湯㩥⠠〴⤸਍䅰㭘⠠〴紸㜠㜷㌭㌳ള䌊繏⁕奔䐠噅䕅䥏䴧久ൔ瀊捥浥敢⁲ⰹ㈠〰സ䴊歩⁥畄潣整਍㤱〰匠ₕ潎晲汯⁓㐴㌰ㄣ〵氠挻瑡潩十ⵁ㐲㠴㐭ള匊湡䴠瑡潥‬慃‮⁾⁒‭偁൰琊⁎灃䵍䤮呔䕅䄠呃佉⁎䕌恉൓䌊彔䐠卅䝉⁎䕒䥖⁅汦敥‬楧敶瑡琠敨洠敥楴杮਍啓橂⁅敒楶睥䌠浯整愠敢⁤片敥畂汩楤杮਍桴⁥敤楣楳湯漠⁦桴⁥瀧獥杬敤慴汩⁳景琠敨爠煥漠㈠㔸਍潲楶杮琠敨映渧污琠敒潳畬楴湯ൎ吊獾氠瑥整⁲潣普物〠㠰※灡⁰捡潣摲湩൧漊⁦敄散扭牥㐠‬穏敮瑳慥⁤潒摡‬物⁥湯਍敍獡牵獥‬潬慣整⁤瑡㈠␰〰䠠攠⁤眮瑩楨睴教牡⥳椠⁴桳污硥൰攊戠⁥睡牡⁥桴瑡椠⁦桴獩瀠牥業⁴獩渠瑯甠൳倊敬獡㈠㄰⸰挠污湥慤⁲慤獹਍敢⁲ⰴ戠⁥慭敤眠瑩楨㐱਍敄散景愠瀠扵楬⁣敨牡湩Ⱨ਍潴琠慨⁴湡愠灰慥景琠楨⁳敤獮奬疰眠汩敢渠瑯晩敩൤䄊獬Ɐ瀠敬獡⁥潮氠瑥整⁲晉琠楨⁳慨䍰畯据汩മ昊潲桴⁥慤整漠⁦汬獵਍⁨楷汬戠⁥捳敨畤敬⁤敢潦敲琠敨䌠瑩൹眊楨൴匊湩散敲祬‬മ⸊ൾ⠊⠨⠨ㄨㄱㄱ‱൲縊ൣ䔊楬慺敢桴倠瑥楴൳䄊獳獩慴瑮倠牥楴潮਍楃祴漠⁦畃൰䔊据潬畳敲㩳〠㈮㔸਍敒潳畬楴湯丠਍〲〸⁑潈敭瑳慥⁤摒‬畃数瑲湩䅃㤠昵ㅬഴ䌊⹃嘠汩慬匠牥慲䄠瑰ⱳ਍牐湩整⁤湡删捥捹敬⁤慐数൲ റ紊਍〲㠰〭″ㅾ਍十⁁ൾ椊਍൴伊਍呉⁙䙏䌠灕剅呠义਍⁃敶畮൥ㄊ㌰㐰吠硯數䄠愠㤠〵㐱਍畃数瑸湩Ⲱ䌠污晩硯楮਍呕佉⁎ぎ㈮㔸吠义൏刊卅䱏吠䕈䌠呉⁙䙏䌠偕剅਍䕅传⁾則䕅⁎啧䰱䥾䝎਍䥍呔吠䕈删充䥕䕒਍卅䝉⁎䕒䥖坅⁓⁾卌传⁰൓縊縠⁾义⁇䡔⁅䥆䅎ⱌ䐠䴠䅅啓䕒਍偁਍⸮ⴭ✭縧删䔠呃䐠卅剃繉佉ൎ匊䍅䥔乏䤠ₕ൐䄊䅓娠潯⵳㍑਍灁汰捩瑡潩끎•楍敫瀠捵環⁥潒摡਍儲〸⁑潈敭瑳慥⁤慦൸䄊灰楬慣瑮›楬慣楴湯਍潌慣楴湯മ锊漠⁦畃数瑲湩敲散癩摥愠灡൰䜊൓上䤠㩉瀠义䥾⁎敥뀠⁦ㅴ攱䌠瑩⁹湡⁤硵污਍䕓呃佉縠Ⱜ䌠浯⁥⑾删獥汯瑵潩㭮瀠潸散൤攊਍桴⁥数ㅳ湧刭癥慩卥硃扩摥甠ധ䠊剅䅅ⱓ搠匠瑩ⱥ愠⁳癩湥䤠捡潣摲映敬⁥慨⁳敨摬漠敮漠⁸潭敲਍⁗整瑣硵⁥湡愠敶戠敥ൾ愊硁档⁩散桡桴⁥敾楓湧删癥敩⁷佃൑甊汢捩渠摯漠㭮縠൤琊敨渠捥獥慳䌠⁵硥楴끮⁾湡氠捩瑡൩圊䕈慒䄠⁥景搠敩䌠瑩⁹⁾慭瑴砠‬湡⁤敲畱物摥琠畳偰碰⁴慳摩愠灰਍硏浤琠汨漠⁦牰潯൦瀊扵楬⁣敨硡松⁳溰攠⁴桴⁥畢摲湥砠硥祴਍楬慣瑮慨⁳縢⁠湥獴›硯椠橮硵끸獵琠灯猠晡瑥ⱹ਍⁗桴攠映灯愠⁷⁾極數湥慴慥瑬ⱨ਍䕈䕒十‧⁾數ⁱ潮扴⁥敤硴浩琠桴⁥異汢捩栠਍慨⁳慳楴晳敩⁤⁾潬潣愠眠縠渠琠戠⁥敤楾敭瑮污਍潸潰敳⁤湡琠敨䜠湥牥污映慬湡൤ㄊ吠敨瀠潸潰慳瑬愠⁴❤⁥⁰楶楣楮祴⁲整Ⱳ਍硯椠灭潸敶慭攠兴兾瘠湥敩汮⁾敾瀠牵潰敳⁳景琠楨⁳档灡਍敧敮砠砠灡獯氠椠⁳潣獮獩整瑮眠猠扵業敾൤愊摮漠桴牥攠楶敤据൥㈊漠楮杮뀠摸慭䍮牥洠溰൹伊噌灅⁾扩瑩ⱳ琠獥楴愠摮਍剅灅偏䔧‧䕂䤠慸楴湯漠⁦慭獰‧慦瑣汦✳椠⁳硥扥⁹灡硥皰摥※敒潳畬楴湯愠數਍低⁗‬䡔攠㈠㐴∸攠楣楻摥椠ㅡ琠楨⁳㌰愠⁳敳൴挊牡晥汵挠湯楳⁤潮瀠匬⁁灚㠰ഭ吊慨⁴晡整⁲桴⁥灡汰捩瑡潩⁤끥湸繵⁧灁汰捩瑡潩十ⵁ਍慭瑴硥‬⁥繦楤杮⁳湡㐠‬〲㠰愠數਍桴獩瘠桲捩❨桴挠漠⁦数散扭硥਍慥楸恮⁧元湩畤瑴敥䴠敥楴杮਍汣獵潩獮敾瀠扵楬⁣൨吊慨⁴ㅾ⁥畳换硯⁩摥椠敒楶൥搊挠湯慴湩攠瀠獥杩൮戊獡摥愠桮⁥畍整⁳景攠栠呥繥മ昊牯桴縠戠砠晥硥湥਍捾硯慰慸整⁤൹ 瀬捥浥敢⁲ⰴ㈠畵ൡ䄊䅓㉟〰ⴸ㌰਍湯끎ₕ㠲‵樢繠䤬Ȿ⹟‭⁾彸㴭總✧਍⸭⴮ⴭⴭ਍敧体畬楴਍慐敧㈠萠潣獮獩楴杮漠⁦⁾慰敾❓਍䖄桸扩瑩䌠挠汩挠湯楤汴溰൳瀊䥾吧锠‮獥‬楃祴䌠疰൮愊慮祬楳⁳慬敢敬⁤慲瑣捩獥愠⁳溰൥漊൮堊䥢䉓呉⁓慴汬桡뀠⁦〱瀠条愠戠⁥浡湥൤䐊₄潣獮獩楴杮㴠攠湥戠極摬湩⁧⁰൥朊噰繅䔠愠猠汯牡縠氠楢葾樠愠摮琠敨瀠潲潰敳⁤牧洠਍⸱䄠灐爠⁳慢敳⁤湡䔠桸ₕ硥散瑰愠⁳൹䄊灰潲潶繷⁲獥楴慭整⁳慬敢敬⁤㜱‬〲㠰ബㄊ愠敧⠠絾氠扡汥摥䔠桸扬牯⁴慤整⁤畓祬਍潳慬⁲⁰⁃瑓晡⁦敒൐漊⁦灡⁥瑡慴档敭瑮⁳湩搠攧䐠楴湯മ漊⁦⁾桴獩爠㕥汯⁵潦⁸敬獡湩൧戊⁹潣摮瑩潩獮䤠㌰‬桴⁥灡汰捩湡⁴桴⁥敲牣慥楴湯਍ⱬ䅔䍉奓呓䵅氠捩瑡끩十ⵁ〲㠰‭潳慬⁲祳瑳浥氠獩整൤縊瀠佈佔⁖敾愠灰潲慶景慤潰猠慴汬愠瀠潨潴潶瑬楡⁣湬灬獯摥戠⁹汃⁾끶栠⁥㼱䍒匠慴牯਍慂敳⁤纰䤠⁳潮⁴敲畱物⁥敭獡牵獥挠湨敬瑳浥映਍⁡景琠⁨瑡慴栠慥楴杮猠൹戊極摬湩㭧攠湥漠⁓敾瀠潲潰敳൤锊猠慴汬愠汬漠桴牥縠戠穵挠琠⁩⁧⁳獡攠猠汯牡਍絢匠慨汬䤠畢汩繤⁧桔獩縠汣摵਍湩瀠潲끰敓⁤牧敥㜱爠㈠〰⸸⌠㤲਍敤慴汩摥爠灥牯൴朊灥牯⁴汤汾繸․潰汯愠⁳楬瑳摥椠瑩浥਍⁥睳⁩污畳浢琱愠攠⁳楬瑳摥椠൮琊⁨慥畳൲椊䝎丠䕉❰啓䕒⁓数浸瑩⁾桴⁥⁡楯敬⁤牧敥畢慬汬瀠汩❬愠汢⁥畢汩畤愧⁦敳൴䈊䥕䑌戠極摬湩⁧潲汩漠牲湲湩⁧桴瑡愠汬琠敨਍锳䜠䕒久椠獳慵据⁥暰愠椠⵭汰浥硥琧琠敨愠攠縠潣灲牯瑡摥氠瑥整⁲潣普ඕ瀊楲牯琠桴祥眠汩潨⁷桴祥ㄠ‱畳浢瑩愠਍⁷汩畬瑳慲整攠⁲桳⁡൓搊獥牣扩湩⁧끨挠敬牡祬愠据繹琠❩⁥敤敶潬⁰湩潣灲牯瑡摥‮塅䍁䥔乏਍硅楨楢⁴⁁恾⁤⁾捯畣⁰敢湥਍潴縠戠極摬松洠慥畳敲⁳慨敶嘠䄠䥔乏⁓杏传䡔杅映敥ⱳ搠摥捩瑡潩൮瀊慬獮ₕ牐潩൲瀊听佉华朠卅杅洠祡椠据畬敤䌠牥慴湩琠潇敶湸汮湥਍異獲慵桴਍牰灯獯摥朠敲湥⁳⁓䕾儬䍉栠牥楥暰攠਍䕆⁅硥䍡楴猠慴整敭瑮਍潲慹敳⁴潦瑲⁨湯镳਍䕃传⁆捥⁴灁⁰湡⁤瑯敨⁲湥渠瑯捩⁥景愠攠⁲硥捡楴湯൳伊䥔瀠潲
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Norfolk Street #150 San Mateo, Ca. 94403 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - 'Application ASA -2008-03 This letter confirms the decision of the Design Review Committee, given at the meeting of July 17, 2008; approving an Architectural and Site review application for a streetscape plan along Homestead and N. Stelling Roads and the final details of the required Green Building measures, located at 20800 Homestead Road, according to Resolution No. 276 Please be aware that if this permit is not used within two years, it shall expire on July 17, 2010. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, 44�M� Elizabeth Pettis Assistant Planner City of Cupertino Enclosures: Resolution No. 276 CC: Villa Serra Apts, 20800 Homestead Rd, Cupertino CA 95014 Printed on Recycled Paper 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 shall e reviewed and approved prior to issuance of a building 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 ATTEST: /s/ Steve Piasecki Steve Piasecki, Director Community Development Department APPROVED: / s / Lisa Giefer Lisa Giefer, Chair Design Review Committee J ' CUPERTINO 10300 Torre Avenue 408 -777 -CITY NOTICE OF PUBLIC HEARINC. NOTICE IS HEREBY GIVEN that the Design Review Committee of t1. hold a public hearing on the matter described below. The public is ens, l ertino will speak. P attend and APPLICATION NO.: ASA -2008-03 APPLICANT: Mike Ducote (Villa Serra Apts) LOCATION: 20800 Homestead Road APN : _ 5 DESCRIPTION: Architectural and Site approval for the final details of the Building measures according to the conditions of approval directed by the City Council at their meeting of July 3, 2001 HEARING DATE: December 4, 2008 beginning at 5:30 p.m. ADDRESS: Conference Room C, City Hall, 10300 Torre Avenue If you challenge the action of the Design Review Committee in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. Please note that Design Review Committee policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. The agenda for this application will be available on the Friday afternoon preceding the meeting. The file and plans are available for viewing/preview during normal hours of operation. Questions concerning the application should be directed to Elizabeth Pettis, Project Manager at (408) 777-3319. NOTE: Agenda may be subject to change. If interested in an item, or have questions, please call the Planning Department at 408-777-3308 prior to the meeting date to verify that the item is still on the agenda. The time this item will be heard on the agenda cannot be predicted. NOTE TO OWNERS OF RECORD: This notice is sent to owners of real property as shown on the last tax assessment roll. Tenants are not necessarily notified. Steve Piasecki Community Development Department I lb The attached text was mailed to the following property owners: KREB MARTIN K AND JEAN S TRUSTEE 1297 ALBION CT SUNNYVALE CA 94087 A.P.N. 323-34-015 LEE MICKY 633 W HOMESTEAD RD SUNNYVALE CA 94087 A.P.N. 323-35-003 PAULSON KURTZ E AND YEE AMY S 74 STEARNS RD BROOKLINE MA 02446 A.P.N. 323-35-004 BUNN MAX G AND YAU MARY M 1244 MOUNTAIN QUAIL CL SAN JOSE CA 95120 A.P.N. 323-35-005 SKARMOUTSOS ASIMAKIS S AND NORMA 27440 ELENA RD LOS ALTOS HILLS CA 94022 A.P.N. 323-35-006 SKARMOUTSOS ASIMAKIS S AND NORMA 27440 ELENA RD LOS ALTOS HILLS CA 94022 A.P.N. 323-35-007 1698 ONTARIO ASSOCIATES WESTERN PROPERTY GROUP 1050 SARATOGA AV SAN JOSE CA 95129 A.P.N. 323-35-011 LEGRANDE KODIAK COUR T INVESTMEN SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-012 LEGRANDE KODIAK COURT INVESTMENT SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-013 LEGRANDE KODIAK COUR T INVESTMEN SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-014 LEGRANDE KODIAK COUR T INVESTMEN SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-015 LEGRANDE KODIAK COURT INVESTMENT SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-016 LEGRANDE KODIAK COURT INVESTMENT SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-017 MID PENINSULA SUPPORT NETWORK SUPPORT NETWORK FOR BATTERED WOM 1257 TASMAN DR SUITE C SUNNYVALE CA 94089 A.P.N. 323-35-018 HENDRICKS CHARLES D AND KEUPEE L KEUPEE HENDRICKS 20187 VIA SANTA TERESA SAN JOSE CA 95120 A.P.N. 323-35-019 HACKETT WILBECKTRIC ET AL 1533 ASHCROFT WY SUNNYVALE CA 94087 A.P.N. 323-35-082 POLIDI LYDIA TRUSTEE 581 TORLAND CT SUNNYVALE CA 94087 A.P.N. 323-35-083 BULLARD JENNIFER A PO BOX 60996 SUNNYVALE CA 94088 A.P.N. 323-35-084 TSIM PATRICK TRUSTEE & ET AL 633 HARROW WY SUNNYVALE CA 94087 A.P.N. 323-35-085 FORGE -HOMESTEAD LP DE ANZA PROPERTIES 920 W FREMONT AV SUNNYVALE CA 94087 A.P.N. 323-36-020 VALLEY CHURCH OF SANTA CLARA CO ADMINISTRATIVE PASTOR 10885 N STELLING RD CUPERTINO CA 95014 A.P.N. 326-07-027 VALLEY CHURCH OF SANTA CLARA CO ADMINISTRATIVE PASTOR 10885 N STELLING RD CUPERTINO CA 95014 A.P.N. 326-07-030 VALLEY CHURCH OF SANTA CLARA CO ADMINISTRATIVE PASTOR 10885 N STELLING RD CUPERTINO CA 95014 A.P.N. 326-07-031 VALLEY CHURCH OF SANTA CLARA COU ADMINISTRATIVE PASTOR 10885 N STELLING RD CUPERTINO CA 95014 A.P.N. 326-07-036 CUPERTINO DEVELOPMENT CORP 1307 S MARY AV SUNNYVALE CA 94087 A.P.N. 326-07-037 FERNANDEZ ROSEMARY 10735 N STELLING RD CUPERTINO CA 95014 A.P.N. 326-08-001 VS II LP THE GROVE C/O CHIEF FINANCIAL OF 1900 S. NORFOLK ST SUITE 150 SAN MATEO CA 94403 A.P.N. 326-09-029 KORET FOUNDATION WOODMONT MANAGEMENT 1050 RALSTON RD BELMONT CA 94002 A.P.N. 326-09-041 VS II LP THE GROVE C/O CHIEF FINANCIAL OF 1900 S. NORFOLK ST SUITE 150 SAN MATEO CA 94403 A.P.N. 326-09-047 VS II LP THE GROVE, CHIEF FINANCIAL OFFIC 1900 S NORFOLK ST STE 150 SAN MATEO CA 94403 A.P.N. 326-09-048 ALGEM LLC ETAL 18948 FOREST PARK DR NE LAKE FOREST PARK WA 98155 A.P.N. 326-09-052 VILLA SERRA APTS VILLA SERRA APTS., CHIEF FINANCI 1900 S NORFOLK ST STE 150 SAN MATEO CA 94403 A.P.N. 326-09-056 SILVERCREEK YUBA I LLC 20990 HOMESTEAD RD CUPERTINO CA 95014 A.P.N. 326-09-060 HUANG ERIC K AND YEUNG MARGARET P 0 BOX 2383 CUPERTINO CA 95014 A.P.N. 326-09-061 KORET FOUNDATION WOODMONT MANAGEMENT 1050 RALSTON RD BELMONT CA 94002 A.P.N. 326-09-064 FRANCO JOSEPH P AND FLORENCE E T PW SUPERMARKETS INC. 2277 ALUM ROCK AV SAN JOSE CA 95116 A.P.N. 326-10-051 DE ANZA FORGE LIMITED PARTNERSHI 920 W FREMONT AV SUNNYVALE CA 94087 A.P.N. 326-10-055 FRANCO JOSEPH P AND FLORENCE E T PW SUPERMARKETS INC. 2277 ALUM ROCK AV SAN JOSE CA 95116 A.P.N. 326-10-060 MARLOWE JOAN W 20644 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-001 CRAIG AUDREY L 20646 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-002 DOAN THUY-PHUONG T 20648 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-003 SHEN JONAS P ET AL 20650 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-004 CHUNG NICOLAS AND BERTOLA MARIA 20645 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-005 YEH FERNANDO Y 20647 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-006 WANG CHUN YEN 20649 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-007 CHIEN SZU YUAN 34421 MONTGOMERY PL FREMONT CA 94555 A.P.N. 326-58-008 TAKAHASHI MABEL S ET AL 20743 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-009 TREMPER EDWARD G 20745 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-010 LYNN AILEEN L TRUSTEE 20747 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-011 GUNN JOHN F AND ISABELLE 2704 W GRAVES RD SPOKANE WA 99208 A.P.N. 326-58-012 KANDA GARY T AND C NAOMI TRUSTEE 596 TRUMBULL CT SUNNYVALE CA 94087 A.P.N. 326-58-013 AU TONY YAT WAI AND DEA AU BETTY PO BOX 4520 MOUNTAIN VIEW CA 94040 A.P.N. 326-58-014 PANTEL DOROTHY TRUSTEE 20748 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-015 DE ANZA PROPERTIES 920 W FREMONT AV SUNNYVALE CA 94087 A.P.N. 326-58-016 LEE ALBERT AND JANICE 20734 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-017 BOWYER STEVEN D AND BETSY J TRUS 3481 EDEN DR SANTA CLARA CA 95051 A.P.N. 326-58-018 LAMBRECHTS CHRISTOPHER 20738 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-019 PENIKALAPATI SURESH B AND SRIVID 20740 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-020 YU XUAN AND MAO MINGMING 20735 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-021 RAY MELINDA 20737 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-022 FUNG WILSON K AND CHOU CHIA J 20739 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-023 MUSSO NIKKI 20741 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-024 CHU JOHN L ET AL 20725 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-108 LAM BRUCE ET AL 20727 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-109 BARBER HARLEY M JR AND CAROL R T 621 TEMPLETON CT SUNNYVALE CA 94087 A.P.N. 326-58-110 RUDEEN JOHN E AND B.JOAN TRUSTEE 20731 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-111 FUJIWARA DEAN H 2803 TOYON DR SANTA CLARA CA 95051 A.P.N. 326-58-112 ZUMWALT DENNIS K 20728 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-113 DAVIDSON JUDY C TRUSTEE & ET AL 20730 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-114 OPSASNICK STEPHANIE M AND EUGENE 23686 BLACK OAK WY CUPERTINO CA 95014 A.P.N. 326-58-115 TOTAL NUMBER OF PROPERTY OWNERS NOTICED: 70 BILLING FOR THIS MAILING: $122.68 AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) fW. 6 �f 0 , being duly sworn, deposes and says: that he/she is a citizen of the United States, over the age of 18 years; '7 acting for the City of Cupertino on the Z 1 '9 / day of �Q V «C , 200 , he/she deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to -wit: (see list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to Notice of Hearing pursuant to the Ordinances of the City of Cupertino that on said day there was regular communication by United States Mail to the addresses shown above. CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3212 • FAX (408) 777-3366 Date: August 5, 2008 Applicant: Mike Ducote Project: Villa Serra-Streetscape Plan Address: 20800 Homestead Road Memo To The File: This is in reference to one of the Villa Serra applications (ASA -2008-03) for a Streetscape Plan along Homestead Rd. and Stelling Rd. One of the conditions from the approval of the 116 additional units, a public park, etc. (ASA -2007-03) was to have the final streetscape plan be reviewed and approved by the Design Review Committee (DRC). Specifically, the condition stated that a "double row of high canopy trees (such as American Ash and London Plane trees).." be planted. Staff recommended planting a double row of London Plane trees. On July 17 2008, the DRC approved the proposed streetscape plan with the following modifications: 1. Substitute the London Plane tree with CA Buckeye (Aesculus californica) 2. Substitute the Magnolia `Russet' tree with the Madrone tree (Arbutus menziesii) Planning staff consulted with the City arborist, David Babby, about this modification. David Babby and the landscape architects working for the applicants of Villa Serra, felt that the CA Buckeye and madrone trees were not suitable as frontage trees. Several other species of trees were discussed and considered for this site. The final determination was to use the Live Oak tree (Quercus agrifolia) as the frontage tree along Homestead and Stelling Roads. In addition, the Strawberry tree (Arbutus marina) will be used in place of the madrone tree. This is reflected in a modified resolution (ASA -2008-03)(b), which was modified on this day (8-5-2008). All parties have been consulted and agree to this modification of the approved streetscape plan to include members of the DRC and the Director of Community Development. 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N N f ] M A Al'c9 l��k V 7 V V Y O` >a�'! tt} sNh StA Villa Serra Tree Inventory (Diarrtetat at S(save)/ Breast "ght) T,-6 W-1 MAN 28 0*0008 Trees Replacement Replacement R.rooVad Trees Tree Species 175 IR 15.01 1 2 1 176 tR 19,61 12 R 177 R 19.81, 1 2 Coast Redwood 178 R 15,91 1 2 1 179 R 17.2" t 2 R 180 S 2 lei R 1318" 1 2 1 182 R 18.6" 1 2 R 193 R 10.0** 1 1 184 R 16,5*1 1 2 1 is$ R 141" 1 S 196 R -2 18.6" 1 2 197 R ZS.O** 1 1 I" R -2 115' 1 2 R 199 R 18.2" 1 2 iw R 14.8' 1 2 1 191 R 13.1" 1 2 R 192 R 15.81 1 2 193 R 21.0' T- Y- 1 194 R 1218" 1 2 S 195 R 181" 1 z 196 R i 197 R 19,4' 11 S 198 R 15.21 1 199 R 23,6' 1 2 1 TOO R 210- i- T-- - 201 R 23.3" 1 2 202 R 14.0' 1 2 1 203 R im" 1 2 R 204 R 17-T T- 2 205 R 422.6" 1 2 206 S 292 R 20-7 R 19151* 1 208 R 1Z5" 1 2 209 k- TO -,O- 1 2 S 210 R 10.5" 1 1 211 JR 12.3" 1 2 212 R 11.01 1 1 S 213 9 2010" 1 2 214 R 191' 1 2 215 S 298 S 216 S 217 5 218 R 21811 1 2 S 219 Is 220 S 221 R 2 IS 222 S 223 S 17.811 1 224 S 304 R �225 S 1 226 S 227 S 306 S 228 R Coast Redwood 229 R 20.51, 1 230 R 13,11" 1 2 R I S 2 232 R 233 S 310 S 234 6 235 R WO, .1 2 236 R 23A" 1 2 Is 237 S 238 S 17.1*1 1 299 S 314 MR.d,,..d 240 $ 2 241 S 1$101 11 242 R 22.9" 2 C.,,11 243 S -1 244 S 245 S '317 318 are S 246 S 247 S 1OX' 1 248 S 320 2 4, 249 S Number of 24" Box Trees Proposed per Planting Plan L4-14 4 Number of Required 24" Box Replacement Trees Per City of Cupertino Tree Ordiname 07-2003, Section 1#,18.185 437 S 250 S 251 S 252 8 322 253. S 126T 254 S 255 S 323 258 S 1 2 257 S 19,21, 1 258 S 325 R 259 S 2 260 S 26'2 S 327 R Ll (Diameter at S(Save)l Breast Height) 17f--.1 nrt" Page 2 Trees Replacement Replacement D-- T-. Tree Soacips 263 R 9.71, 1 1 269 R 16.61 1 2 Coast Redwood 270 R 29,6' 1 2 Coast Redwood 271 R 32,0" 1 2 272 R 10.1" 1 1 273 R 28.7' 1 2 274 R 28.31 1 2 275 S 276 R 10.0" 1 1 278 R 28.2*1 1 2 279 R 22.4' 1 2 282 R 23.2', 1 283 R 27.01, 1 -2 2 284 S 285 S, 286 S 287 R 25.2** 1 2 288 R 29.21 t 2 289 R 31.1" 1 2 290 R 19.4* 1 2 291 S 292 R 10.71 1 20 S 294 S 295 S 296 S 297 S 298 S 299 S 300 S 301 S 302 IS 303 IR 17.811 1 2 304 R 11.6*1 1 1 305 S 306 S 307 R 20.51, 1 2 30-8 R 260, 1 2 309 S 310 S 311 5 312 Is R 17.1*1 1 2 314 R 12,21, .1 2 3 315 k 1$101 11 2 V313 316 S 317 31b S '317 318 are S 31$ 31$ R 1OX' 1 2 320 2 4, 1 2 321 S IV 322 R 126T 12 323 R 21,01 1 2 324 R 19,21, 1 2 325 R 14,71 1 2 326 S 327 R MS" 1 2 378 R 18-71 1 2 329 R 17,81, 1 2 33j R 23.11 1 2 331 R 26.11 1 2 332 5 333 R18.41 1 2 334 S 335 R 14.4' 1 2 336 S 337 R 12.9' 1 2 Coast Redwood 338 R 13.4' 1 2 Coast Redwood 339 R 12.4" 1- 2 ---I�Coast Redwood 340 R 9.3" 341 6 342 R 916, 1 1 343 R 14,8' 1 2 344 S 345 R 10,6*' 1- 1 346 s 347 S 148 a 10.8, 1 1 349 S 350 R 12.11 1 351 R 14,1' 1 .2 2 352 S 353 S 354 R NIA I 355 S 356 S 371 CUPERTINO 10300 Torre Avenue 408 -777 -CITY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Design Review Committee of the City of Cupertino will hold a public hearing on the matter described below. The public is encouraged to attend and speak. APPLICATION NO.: ASA -2008-03 APPLICANT: Mike Ducote (Villa Serra Apts) LOCATION: 20800 Homestead Road APN : 326-09-056 DESCRIPTION: Architectural and Site approval of a landscape street improvement plan and final details of the Green Building measures according to the conditions of approval as directed by the City Council at their meeting of July 3, 2007 HEARING DATE: July 17, 2008 beginning at 12:30 p.m. ADDRESS: Conference Room A, City Hall, 10300 Torre Avenue If you challenge the action of the Design Review Committee in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. Please note that Design Review Committee policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. The agenda for this application will be available on the Friday afternoon preceding the meeting. The file and plans are available for viewing/preview during normal hours of operation. Questions concerning the application should be directed to Elizabeth Pettis, Project Manager at (408) 777-3319. NOTE: Agenda may be subject to change. If interested in an item, or have questions, please call the Planning Department at 408-777-3308 prior to the meeting date to verify that the item is still on the agenda. The time this item will be heard on the agenda cannot be predicted. NOTE TO OWNERS OF RECORD: This notice is sent to owners of real property as shown on the last tax assessment roll. Tenants are not necessarily notified. Steve Piasecki Community Development Department As The attached text was mailed to the following property owners: KREB MARTIN K AND JEAN S TRUSTEE 1297 ALBION CT SUNNYVALE CA 94087 A.P.N. 323-34-015 LEE MICKY 633 W HOMESTEAD RD SUNNYVALE CA 94087 A.P.N. 323-35-003 WYTMANS JOHN L TRUSTEE 74 STEARNS RD BROOKLINE MA 02446 A.P.N. 323-35-004 BUNN MAX G AND MARY Y 1244 MOUNTAIN QUAIL CL SAN JOSE CA 95120 A.P.N. 323-35-005 SKARMOUTSOS ASIMAKIS S AND NORMA 27440 ELENA RD LOS ALTOS HILLS CA 94022 A.P.N. 323-35-006 SKARMOUTSOS ASIMAKIS S AND NORMA 27440 ELENA RD LOS ALTOS HILLS CA 94022 A.P.N. 323-35-007 1698 ONTARIO ASSOCIATES WESTERN PROPERTY GROUP 1050 SARATOGA AV SAN JOSE CA 95129 A.P.N. 323-35-011 LEGRANDE KODIAK COUR T INVESTMEN SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-012 LEGRANDE KODIAK COURT INVESTMENT SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-013 LEGRANDE KODIAK COUR T INVESTMEN SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-014 LEGRANDE KODIAK COUR T INVESTMEN SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-015 LEGRANDE KODIAK COURT INVESTMENT SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-016 LEGRANDE KODIAK COURT INVESTMENT SARATOGA CAPITAL INC 66 E SANTA CLARA ST SAN JOSE CA 95113 A.P.N. 323-35-017 MID PENINSULA SUPPORT NETWORK SUPPORT NETWORK FOR BATTERED WOM 1257 TASMAN DR SUITE C SUNNYVALE CA 94089 A.P.N. 323-35-018 HENDRICKS CHARLES D AND KEUPEE L 20187 VIA SANTA TERESA SAN JOSE CA 95120 A.P.N. 323-35-019 KO JULIET JIN ET AL 1533 ASHCROFT WY SUNNYVALE CA 94087 A.P.N. 323-35-082 POLIDI LYDIA TRUSTEE 581 TORLAND CT SUNNYVALE CA 94087 A.P.N. 323-35-083 BULLARD JENNIFER A P. 0. BOX 60996 SUNNYVALE CA 94088 A.P.N. 323-35-084 TSIM PATRICK TRUSTEE & ET AL 633 HARROW WY SUNNYVALE CA 94087 A.P.N. 323-35-085 FORGE -HOMESTEAD LP DE ANZA PROPERTIES 920 W FREMONT AV SUNNYVALE CA 94087 A.P.N. 323-36-020 VALLEY CHURCH OF SANTA CLARA CO HOWARD J EFTING 1828 FORDHAM WY MOUNTAIN VIEW CA 94040 A.P.N. 326-07-027 VALLEY CHURCH OF SANTA CLARA CO H J EFTING 1828 FORDHAM WY MOUNTAIN VIEW CA 94040 A.P.N. 326-07-030 VALLEY CHURCH OF SANTA CLARA CO H J EFTING 1828 FORDHAM WY MOUNTAIN VIEW CA 94040 A.P.N. 326-07-031 VALLEY CHURCH OF SANTA CLARA COU 1828 FORDHAM WY MOUNTAIN VIEW CA 94040 A.P.N. 326-07-036 RUSSUM DOUGLAS R TRUSTEE 9158 WOODED HILL DR CORONA CA 92883 A.P.N. 326-07-037 FERNANDEZ ROSEMARY 10735 N STELLING RD CUPERTINO CA 95014 A.P.N. 326-08-001 VS II LP THE GROVE C/O CHIEF FINANCIAL OF 1900 S. NORFOLK ST SUITE 150 SAN MATEO CA 94403 A.P.N. 326-09-029 KORET FOUNDATION WOODMONT MANAGEMENT 1050 RALSTON RD BELMONT CA 94002 A.P.N. 326-09-041 VS II LP THE GROVE C/O CHIEF FINANCIAL OF 1900 S. NORFOLK ST SUITE 150 SAN MATEO CA 94403 A.P.N. 326-09-047 VS II LP THE GROVE, CHIEF FINANCIAL OFFIC 1900 S NORFOLK ST STE 150 SAN MATEO CA 94403 A.P.N. 326-09-048 ALGEM LLC ETAL 18948 FOREST PARK DR NE LAKE FOREST PARK WA 98155 A.P.N. 326-09-052 VILLA SERRA APTS VILLA SERRA APTS., CHIEF FINANCI 1900 S NORFOLK ST STE 150 SAN MATEO CA 94403 A.P.N. 326-09-056 SILVERCREEK YUBA I LLC 20990 HOMESTEAD RD CUPERTINO CA 95014 A.P.N. 326-09-060 HUANG ERIC K AND YEUNG MARGARET P 0 BOX 2383 CUPERTINO CA 95014 A.P.N. 326-09-061 KORET FOUNDATION WOODMONT MANAGEMENT 1050 RALSTON RD BELMONT CA 94002 A.P.N. 326-09-064 FRANCO JOSEPH P AND FLORENCE E T PW SUPERMARKETS INC. 2277 ALUM ROCK AV SAN JOSE CA 95116 A.P.N. 326-10-051 DE ANZA FORGE LIMITED PARTNERSHI 920 W FREMONT AV SUNNYVALE CA 94087 A.P.N. 326-10-055 FRANCO JOSEPH P AND FLORENCE E T PW SUPERMARKETS INC. 2277 ALUM ROCK AV SAN JOSE CA 95116 A.P.N. 326-10-060 MARLOWE JOAN W 20644 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-001 CRAIG AUDREY L 20646 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-002 DOAN THUY-PHUONG T 20648 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-003 YAN JIN AND LIU ERYING 20650 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-004 CHUNG NICOLAS AND BERTOLA MARIA 20645 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-005 YEH FERNANDO Y 20647 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-006 DEITRICH JAMES M ET AL 1015 INVERNESS DR SAN CARLOS CA 94070 A.P.N. 326-58-007 CHIEN SZU YUAN 34421 MONTGOMERY PL FREMONT CA 94555 A.P.N. 326-58-008 TAKAHASHI MABEL S ET AL 20743 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-009 TREMPER EDWARD G 20745 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-010 LYNN AILEEN L TRUSTEE 20747 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-011 GUNN JOHN F AND ISABELLE 20749 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-012 KANDA GARY T AND C NAOMI TRUSTEE 596 TRUMBULL CT SUNNYVALE CA 94087 A.P.N. 326-58-013 AU TONY YAT WAI AND DEA AU BETTY PO BOX 4520 MOUNTAIN VIEW CA 94040 A.P.N. 326-58-014 PANTEL DOROTHY 20748 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-015 DE ANZA PROPERTIES 920 W FREMONT AV SUNNYVALE CA 94087 A.P.N. 326-58-016 LEE ALBERT AND JANICE 20734 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-017 BOWYER STEVEN D AND BETSY J TRUS 3481 EDEN DR SANTA CLARA CA 95051 A.P.N. 326-58-018 LAMBRECHTS CHRISTOPHER 20738 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-019 PENIKALAPATI SURESH B AND SRIVID 20740 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-020 YU XUAN AND MAO MINGMING 20735 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-021 RAY MELINDA 20737 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-022 FUNG WILSON K AND CHOU CHIA J 20739 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-023 MUSSO NIKKI 20741 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-024 CHU JOHN L ET AL 20725 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-108 LAM BRUCE ET AL 20727 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-109 BARBER HARLEY M JR AND CAROL R T 621 TEMPLETON CT SUNNYVALE CA 94087 A.P.N. 326-58-110 RUDEEN JOHN E AND B.JOAN TRUSTEE 20731 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-111 FUJIWARA DEAN H 2803 TOYON DR SANTA CLARA CA 95051 A.P.N. 326-58-112 ZUMWALT DENNIS K 20728 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-113 DAVIDSON JUDY C TRUSTEE & ET AL 20730 CELESTE CL CUPERTINO CA 95014 A.P.N. 326-58-114 OPSASNICK STEPHANIE M AND EUGENE 23686 BLACK OAK WY CUPERTINO CA 95014 A.P.N. 326-58-115 TOTAL NUMBER OF PROPERTY OWNERS NOTICED: 70 BILLING FOR THIS MAILING: $93.32 Villa Serra Apartments Proposed Green Building Practices 6.27.08 1. Design for easy pedestrian, bicycle, and transit access. 2. Limit site impacts, preserve existing vegetation and protect soil during construction. 3. Use native plants that are drought -resistant, create habitat for indigenous species, and do not require pesticides for maintenance pursuant to the City of Cupertino's landscape requirements. 4. Maximize onsite stormwater management through landscaping. 5. Install high -efficiency irrigation systems. 6. Provide adequate space for storing and handling recyclables pursuant to the City of Cupertino's environmental requirements provided by Lavenia Melar. 7. Use spacings, sizes, and modular dimensions that minimize lumber use and optimize performance. This will be coordinated with the project architect and framer to ensure that lumber waste is minimized. 8. Use oriented strand board (OSB). 9. Use durable roofing materials. Similar to the "Certainteed Landmark 30 year" dimensional comp which was recently installed on the existing buildings and Carports. 10. Use sustainable siding materials such as Hardi Board lap siding and plaster. 11. Provide shading on east, west and south windows with overhangs, awnings, or deciduous trees. 12. Plan windows and skylights, light shelves, and window treatments to provide daylight that improves indoor environments. 13. Choose windows, frame materials, and glass coatings to improve energy performance consistent with applicable Title 24 requirements. 14. Stop air leakage at doors and windows. 15. Reduce pollution entering home from garage by properly sealing the entrance to the home from the garage. 16. Use water conserving plumbing fixtures such as low flow toilets, shower heads and faucets. 17. Insulate hot water pipes. 18. Design lighting levels for actual use, and use task lighting to reduce general lighting levels. Specifically the use of under cabinet task lighting in the kitchens. 19. Use energy-efficient lamps and lighting fixtures in kitchens and bathrooms pursuant to applicable Title 24 requirements. 20. Use lighting controls that save energy such as timers or occupancy sensors at the leasing office, clubhouse, theater room, fitness facility and common area restrooms. 21. Use Energy Star appliances for microwaves, ranges, dishwashers and refrigerators. Include energy star rated washer and dryer. 22. Use high -efficiency equipment including fan coil units, hot water heaters and condensers. ft % 23. Place ductwork within conditioned space, seal joints properly, and clean before occupancy. 24. Use hydronic systems for increased efficiency, health, and comfort. 25. Use recycled -content, formaldehyde -free fiberglass insulation, cellulose insulation, or other green insulation products. 26. Thermal mass walls: 5/8 inch Drywall on all interior walls or walls that weigh more than 40 lb/cu.ft. 27. Use clean and efficient alternatives to wood -burning fireplaces such as gas fireplaces. 28. Use low- or no VOC, formaldehyde -free paints, stains and adhesives. 29. Use recycled content aggregate. 30. Incorporate Green Building details in blueprints to maximize efficiency and adherence. 31. Develop manual of Green features/benefits to be provided to renters. CUPERTINO 10300 Torre Avenue 408 -777 -CITY NOTICE OF PUBLIC HEARING nar� NOTICE IS HEREBY GIVEN that the Design Review Committee of the City of Cupertino will hold a public hearing on the matter described below. The public is encouraged to attend and speak. APPLICATION NO.: ASA -2008-03 APPLICANT: Mike Ducote (Villa Serra Apts) LOCATION: 20800 Homestead Road APN : 326-09-056 DESCRIPTION: Architectural and Site approval of a landscape street improvement plan and final details of the Green Building measures according to the conditions of approval as directed by the City Council at their meeting of July 3, 2007 HEARING DATE: ADDRESS: July 17, 2008 beginning at 12:30 p.m. Conference Room A, City Hall, 10300 Torre Avenue If you challenge the action of the Design Review Committee in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. Please note that Design Review Committee policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. The agenda for this application will be available on the Friday afternoon preceding the meeting. The file and plans are available for viewing/preview during normal hours of operation. Questions concerning the application should be directed to Elizabeth Pettis, Project Manager at (408) 777-3319. NOTE: Agenda maybe subject to change. If interested in an item, or have questions, please call the Planning Department at 408-777-3308 prior to the meeting date to verify that the item is still on the agenda. The time this item will be heard on the agenda cannot be predicted. NOTE TO OWNERS OF RECORD: This notice is sent to owners of real property as shown on the last tax assessment roll. Tenants are not necessarily notified. Steve Piasecki Community Development Department httn://www.mbci.com/new/ween solutions.html MBCI's metal roofs are energy efficient, sustainable, recyclable, durable, lightweight and cost effective. Our panels are made from 25-35 percent recycled materials and are 100 percent recyclable products. As a proud Energy Star Partner, many of our Cool Roof colors have reflectivity performance levels that meet Energy Star criteria at 2:12 pitch or greater offering considerable energy savings. MBCI's metal is durable with a long life expectancy that benefits both building owners and the environment by lowering the demand to produce replacement systems. Because MBCI's metal roofing systems are coated with infrared reflective Cool Roof finishes, much of the sun's infrared radiation is reflected, offering energy savings, including the reduction of air-conditioning costs by 20%. Metal's low thermal mass will not store heat and radiate it into a building during the evening. Cool metal roofing can help to mitigate the "urban heat island" effect by reducing the demand on utilities for electricity generated by the burning of fossil fuels. A heat island is a dark surface with little or no vegetation to provide shade and cool the air that absorbs more heat from the sun than other surfaces. htti)://www.mileard.com/Lyettin2-started/ener2v-efficiencv.as Milgard energy efficient windows come standard with SunCoat® Low -E insulating glass straight from our in-house production facility. Our ENERGY STAR® compliant windows and doors must be rated and labeled based on ENERGY STAR® climate zones. Milgard tailors the components of your window to work most efficiently where you live. Based on the climate in your region, we'll customize a solution that can help you gain up to a 26% increase in performance above standard ENERGY STAR® qualifications. Milgard extrudes or pultrudes our own vinyl and fiberglass and assembles all the window components in-house. We reuse virtually all vinyl process waste or find another manufacturer who can use it. http://www.kellymoore.com/products/groups/e coat e coat recycled paint is made with a minimum of 50% post -consumer waste paint. It is completely remanufactured to assure consistent performance. In this process designated paint for recycling is sorted and tested. It is then filtered, mixed and adjusted for quality. New ingredients are often added to batches of e coat to assure consistent performance, coverage and color consistency. a coat paint is also processed to assure good adhesion, abrasion resistance and durability. hgR://www.%zenj2liances.coM/products/eneray/ GE ENERGY STAR® qualified refrigerators are at least 15 percent more energy efficient to operate than refrigerators that are not ENERGY STAR® qualified and at least 50% more energy efficient than refrigerators 10 years ago. Hardie Siding and Hardie Panel (see attached) Developing and Building Sustainably with James Hardie James Hardie is committed to helping you build better, more sustainable projects by working with building science experts to understand the role our products play in the building envelope. While products alone do not provide points, the following information will help you determine how James Hardie products contribute toward the overall performance of the building. NATIONAL GREEN GUIDELINE PROGRAMS JAMES HARDIE SIDING PRODUCTS JAMES HARDIE BACKER BOARD MR 5.1 and 5.2 Regional Materials'; ID2.1 Durability MR 4.1 and 4.2 Recycled Content'; MR 5.1 and 5.2 Projects seeking USGBC LEED® certification and Planning Credit'; ID 2.4 Third Party Durability Regional Materials'; ID 2.2 Indoor Moisture Control' Inspection'; SSc5 Pest Control Alternatives' 2.1.5 No additional finish resources to complete . application onsite'; 22.8 Termite resistant materials; 2.4.1 Recycled Content locally available. NAHB's Voluntary Model Green Home Building Guidelines 2.7.1 Prodcts that contain fewer resources than ' 5.3.2 Moisture management' traditional products; 2.8.1 Locally available materials 'LEED-NC (commercial) only. 'LEED for Home. 'Fiber -cement can be used to protect the foundation insulation. LEED for Home only. 'Durability Inspection Checklist in LEED for Home includes issues with Pests and Natural Disasters. 'JH siding with ColorPLus' Technology is delivered to the job site pre -pointed. 'Non paper-foced backerboord. Plant Locations *Tacoma. WA wRena. NV Peru, IL Blandon. PA • PWaski. VA •F.ma CA Waxahachie. TX s—merville, sc Cleburne, TX e Piam Cit,. FL* • Ten manufacturing facilities support the regional economy and reduce the environmental impact caused by transportation of materials. • Raw materials that are extracted and processed near each manufacturing facility also reduces transportation. • Raw materials are low in toxicity — wood pulp, cement, sand and water (recycled up to 4 times). • Longer lasting materials not only require fewer resources for replacement but also reduce maintenance and repair costs. • Unique ColorPlus manufacturing process bakes on paint in our factories delivering a quality, consistent finish, eliminating VOCs during exterior painting. 15 -year finish warranty ensures reduced need for repainting, • James Hardie siding is non-combustible in accordance with ASTM E 136 and can be installed to achieve MIAMI-DADE Large and Small Missile Impact Rating. • Manufacturing processes focus on quality, first -run materials. Zero to Landfill project aimed at reducing amount of raw materials waste sent to the landfills by half. Resists Damage From Resists Damage From Resists Damage Resists Damage Resists Wet, Humid Climates Cold, Climates From Impact from Insects Flame Spread GREEN EXPERTS: "The single most important factor in green architecture is durability. If you want "Green programs are intended to provide guidelines, however, they don't account something to be green it has to last a long time. It has to handle water, heat and for everything — good, common sense tells you that if a product is durable. doesn't UV radiation. Fiber -cement handles all three exceptionally well." rot, it will make your building better." - Joseph Lstiburek, BASC, MENG., PHD, PENG — Peter Pfeifer. FAIR a JamesHardie 1-866-4-HARDIE (1-866-442-7343) NANB NATIONAL www.jameshardie.com 111PRO NRBrU�ILDING Please visit www.lameshardie.com for additional product information and availability, installation information, warnings and warranties. ® 2007 James Handle International Finance B.V. NI rights reserved. TM, SM, and ® denote trademarks or registered trademarks of James Hardie International Finance B.V. N is a registered trademark of James Hardie international Finance B.V. LEED is a registered trademark of the U.S. Green Building Council 11/07 Villa Serra Options Prometheus Opt. A Opt. B New units 392 324 416 Building #'s # units 60 60 Part bldg 1 1-4 28 28 28 28 5-8 28 28 132 28 9-10 16 16 392 324 416 36 12 12 12 37-39 28 28 28 28 Grove front 24 24 24 24 Grove back 28 28 28 total 164 124 120 148 net 268 204 268 park fee $2,144 $1,632 $2,144 $1000s Part bldg 1 60 60 60 Part bldg 1 76 76 Small bldg 92 184 92 Irg bldg 132 132 264 264 total 392 324 416 p I'll AW ox, 41 Ilk I- L San Francisco. GA 94107 TREES z 415-243.9485 nes SIZE • BOTANICAL NAME COMMON NAME 4'_box Acer almatum cva Ja ansae.. Ma le Cvs. .._ CER OC !qq - :S s-•�" - / I- m 24'Cerds occidentalis Western Redbud GIN BIL 24 box Autumn Gold Autumn Gold Gink o tAU NU 24 Laurus Lim. - I• I _box .21E. Ba Laurel ___ I.OP CON 24' box Lo hoetemon contertaBrisbane Box MA G RU524 box�M�agnolia_Ruseet Ca'Tree _ ut 24' boxl Sequoia sempervirens Coast Redwood..-- n ) - • ` }; LL unless noted othemise on plans. Plant List 4z, v ter- i'R r b ick be G el • C C w 9 itP CHMSTIANI JOHNSON 665 Third Str-e Suite 350 San Francisco. GA 94107 Phone: 415.243.9484 z 415-243.9485 nes GUZZARDO PARTNERSHIPINc- u.asc.a wadwu •� n.nnes Property Owner Phone(w) Phone (h) Street Address Fax Cell City, State, i Code C,..1► .nn. CA. , a SD11� �� `�,7�rt5[tn�.: ; . cin Contact Phone (w) Phone (h) Street Address Fax Cell 14106 i o,,� ►,� ��ll,�. 'e - City, Sta�ZipCode� r � � � , ^ � E -Mail Project Address APN (s) Brief Project Description CL_ I certijj that the foregoing statements are true and correct to the best of my knowledge. I understand that a misrepresentation of any submitted data may invalidate an approval by the Director of Community Development, Design Review Committee, Planning Commission or City Council of this application. I understand that the application may be withdrawn if my authorized represe ative or I is not present at the scheduled meeting(s) unless a written request for postponement has been presented to the applicaeview body. I have discussed this application with the Public Works staff and I understand the public improvement req'r nts sociated with this proposal. �� ��Ice, Appli is nature Date I declare der penalty of perjury that 1 am the owner of said property or have Power of Attorney (attach copy) from said property own ran I consent to the above-described application and I authorize City staff to visit the site in order to take photographs, slide an r i tape that maybe shown ata cmeeting. Property s Signature Print Property Owner's Name Date Staff use only Application accepted on(„la 1(e Application type: "� �e G� QC For Amendments or Modifications, list the original permit: Sheet 2 ono APPLICATION FORM ELI Community Development Department 10300 Torre Avenue (408) 777-3308 / Fax (408) 777-3333 CUPERTINO Cupertino, CA 95014 planning®cupertino.org I http://www.cupertino.org/planning Property Owner Phone(w) Phone (h) Street Address Fax Cell City, State, i Code C,..1► .nn. CA. , a SD11� �� `�,7�rt5[tn�.: ; . cin Contact Phone (w) Phone (h) Street Address Fax Cell 14106 i o,,� ►,� ��ll,�. 'e - City, Sta�ZipCode� r � � � , ^ � E -Mail Project Address APN (s) Brief Project Description CL_ I certijj that the foregoing statements are true and correct to the best of my knowledge. I understand that a misrepresentation of any submitted data may invalidate an approval by the Director of Community Development, Design Review Committee, Planning Commission or City Council of this application. I understand that the application may be withdrawn if my authorized represe ative or I is not present at the scheduled meeting(s) unless a written request for postponement has been presented to the applicaeview body. I have discussed this application with the Public Works staff and I understand the public improvement req'r nts sociated with this proposal. �� ��Ice, Appli is nature Date I declare der penalty of perjury that 1 am the owner of said property or have Power of Attorney (attach copy) from said property own ran I consent to the above-described application and I authorize City staff to visit the site in order to take photographs, slide an r i tape that maybe shown ata cmeeting. Property s Signature Print Property Owner's Name Date Staff use only Application accepted on(„la 1(e Application type: "� �e G� QC For Amendments or Modifications, list the original permit: Sheet 2 ono PLEASE NOTE: A pre -application conference is required prior to submittal on all applications. The purpose of the pre -application conference is to determine if the application is ready for submittal. Please call your project manager to schedule a time for the review of your application materials. We suggest you allow enough time prior to the application deadline to prepare additional information or make changes in case any are needed. Please bring this form to the pre -application meeting for a signature. Include application • i o Signed (plann Date As a part of the application review process, City of Cupertino employees may visit your site in order to take photographs, slides and/or videotape. These materials may be shown at a city meeting. Sheet 1oflo PRE -APPLICATION FORM Community Development Department 10300 Torre Avenue (408) 777-3308 / Fax (408) 777-3333 CU Cupertino, CA 95014 planning@cupertino.org I http://w-ww.cLipertino.org/planning PE RTI NO PLEASE NOTE: A pre -application conference is required prior to submittal on all applications. The purpose of the pre -application conference is to determine if the application is ready for submittal. Please call your project manager to schedule a time for the review of your application materials. We suggest you allow enough time prior to the application deadline to prepare additional information or make changes in case any are needed. Please bring this form to the pre -application meeting for a signature. Include application • i o Signed (plann Date As a part of the application review process, City of Cupertino employees may visit your site in order to take photographs, slides and/or videotape. These materials may be shown at a city meeting. Sheet 1oflo To: Design Review Committee Date: December 4, 2008 From: Elizabeth Pettis, Assistant Planner Subject: Application: ASA -2008-03 Location: 20800 Homestead Road PROJECT DESCRIPTION: Architectural and Site Approval for the final details of the required Green Building Measures. RECOMMENDATION: Staff recommends the Design Review Committee: 1. Approve ASA -2008-03, based on the model resolution; 2. Eliminate the requirement for a photovoltaic system for the recreation/ leasing building. BACKGROUND: On July 3, 2007, the City Council approved the request to construct 116 additional apartment units, a public park, a recreational facility, and leasing office within an existing apartment complex (Villa Serra/The Grove) at the southwest corner of Homestead Road and Franco Court. On July 17, 2008, as directed by the City Council, the Design Review Committee reviewed the final streetscape plan along Homestead Road and N. Stelling Road, and the final details of the green building measures for the project. The Design Review Committee approved the streetscape plan, but directed the applicant to obtain the following additional analysis for the proposed photovoltaic system: • Obtain additional financial analysis regarding the proposed photovoltaic system • 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 • Research and consider the following for a solar system: ➢ A Purchase Power Agreement (PPA) ➢ Leasing ➢ Direct installation DISCUSSION: A solar power analysis has been submitted including information regarding Purchasing Power Agreements (PPA) from Borrego Solar System Inc. (see exhibit C), which states that Villa Serra is not eligible for this type of agreement. Non-residential PPAs typically involve large companies that will utilize a minimum system size of 100 KW (kilowatts), which is much larger than the proposed system for Villa Serra. In addition, the applicant has included estimates from two additional solar companies with analysis that breaks down the costs, rebates and credits associated with each system with payback periods between 16 and 18 years (see exhibit D). December 4, 2008 ASA -2008-03 The Design Review Committee also requested the applicant research the option of installing a solar pool heating system for the main pool. The applicant has submitted a solar pool heating system analysis, which indicates an 18 -year payback period (see Exhibit E). Due to the extended payback period, the applicant feels the project would not benefit from a photovoltaic system or a solar power heating system. The condition imposed by City Council from the original approval stipulated the following (see exhibit F): • "Item no. 29, (the condition relating to green building requirements), shall be modified to include the requirement that the applicant provide a photovoltaic system to carry approximately 100% of the electrical load of the recreation/ leasing office building with the proviso that the cost of the system is paid back in ten years with such incentives as energy savings, rebates, tax credits, state renewable energy incentives, federal tax credits and federal accelerated depreciation." The information provided by the applicant shows that they would not be able to achieve a payback for the solar system within a 10 -year period. Villa Serra is not eligible to obtain a non-residential PPA because their proposed system for Villa Serra is too small for companies to consider them. In order for the project to be eligible for the current tax incentives, the project has to be completed and inspected by the municipality and PG&E before it is considered complete. Tax credits for installing solar systems will expire on December 31, 2008. The recreation/ leasing building/pool will not be completed by the tax credit expiration deadline of December 31, 2008. Staff, therefore, recommends that the photovoltaic system for the recreation/ leasing building not be required. The applicant has confirmed that all other green building measures imposed by the City Council will be incorporated into the project, including high efficiency water heaters, energy efficient roofs and windows (see Exhibit G). Approved by: Gary Chao, City Planner Prepared by: Elizabeth Pettis, Assistant Tanner Enclosures: Model Resolution Exhibit A: DRC Minutes of July 17, 2008 Exhibit B: DRC Report of July 17, 2008 with attachments Exhibit C: Solar PV Installation Analysis Exhibit D: Solar Power Estimates (two companies) Exhibit E: Solar Pool Heating System Estimate (one company) Exhibit F: City Council Condition Exhibit G: Energy Efficient Measures 2 To: Design Review Committee Date: July 17, 2008 From: Elizabeth Pettis, Assistant Planner Subject: Application: ASA -2008-03 Location: 20800 Homestead Road PROJECT DESCRIPTION: Architectural and site approval for a Streetscape Plan along Homestead and N. Stelling Roads and the final details of the required Green Building Measures. RECOMMENDATION: Staff recommends approval of the architectural and site approval permit file no. ASA - 2008 -3, based on the model resolution. BACKGROUND: On July 3, 2007, the City Council approved the request to construct 116 additional apartment units, a public park, a recreational facility, and leasing office within an existing apartment complex (Villa Serra/The Grove) at the southwest corner of Homestead Road and Franco Court. The City Council directed the Design Review Committee to review the final streetscape plan along Homestead Road and N. Stelling Road, and the final details of the green building measures for the project. DISCUSSION: Streetscape Plan: The applicant has submitted a detailed streetscape plan (see sheet L-7.1, exhibit C) indicating the realignment of N. Stelling Road and the construction of detached sidewalks with park -strip treatments along both Homestead and N. Stelling Road. The majority of the detached sidewalks will be lined with new Ginkgo biloba trees. Additional Magnolia, Bay Laurel, Japanese Maple, Brisbane Box, Redwood and Western Redbud trees will also be planted along Homestead and N. Stelling Road to further enhance the landscaping presence of the project. Staff supports the proposed streetscape plan with the following changes: 1) Increase the proposed park -strip from 5' to 10' minimum along Homestead Road by shifting the sidewalk 5' 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. 2) Plant a double row of either American Ash or London Plane trees (or similar species as determined appropriate by the Director of Community Development) on both sides of the sidewalk along Homestead and Stelling Road. 3) The applicant shall record an easement allowing for public pedestrian access to any portion of the sidewalk that is located on the applicant's property. The ASA -2008-03 July 17, 2008 Page 2 covenant shall be reviewed and approved prior to issuance of a building permit and recorded prior to final occupancy. 4) 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. 5) The final streetscape plan shall be reviewed and approved by the Director of Community Development prior to issuance' of a building permit. Green Building_ Measures: As part of the approval, the City Council required the project to incorporate green building practices as listed in Exhibit A with the following modifications: a) Item number one shall be eliminated from the list b) Item number 22 shall include energy star washers and dyers c) Item number 29 shall be modified to include a requirement that the applicant provide a photovoltaic system to carry approximately 100% of the electrical load of the recreation/ leasing office building with the proviso that the cost of the system is back in ten years with such incentives as energy savings, rebates, tax credits, state renewable energy incentives, federal tax credits and federal accelerated depreciation. The applicant has confirmed that all of the green measures stipulated by the City Council will be incorporated into the project with the exception of the photovoltaic system. A solar power analysis has been submitted (see exhibit B) by the applicant that breaks down the cost and benefit of the photovoltaic system (including applicable rebate and credits) with an 18 -year payback period. The applicant believes that the project will not benefit from any of the associated tax credits and is requesting that several other new green measures be proposed in -lieu of the photovoltaic system. The applicant intends to present their in -lieu proposal at the meeting. Staff recommends that the in -lieu green measures are either comparable or exceeds the sustainability or energy saving benefits that would otherwise be provided by the photovoltaic system. Prepared by: Elizabeth Pettis, Assistant Planner Approved by: Steve Piasecki, Director of Community Developm t ASA -2008-03 July 17, 2008 Page 3 Enclosures: Model Resolution Exhibit A: Proposed Green Building Practices Exhibit B: Letter from Prometheus Dated June 13, 2008 Exhibit C: Landscape Planting Plan Plan Set GAPlanning\DRC\staff rep\2008\ASA-2008-03 SRAOC Borrego Solar Systems, Inc. 2012 Hartog Drive, San Jose CA 95131 Phone 510-843-1113 Fax 510-843-1116 www.borregosolar.com CA License C-46 #814435 August 26, 2008 Mike Ducote Prometheus BORREGO SOLAR Regarding: Solar PV Installation for 20800 Homestead Rd, Cupertino, CA Dear Mike, Per your request I have revised the bid for the solar installation at 20800 Homestead. While the installation price has come down a bit, without Federal Tax Credits for installing solar the payback time for the system is quite a bit longer that it would be for a company that can take advantage of such tax credits. Even with the depreciation and PGE rate hikes, it is likely to take up to 20 years. I have approached Sun Run regarding this project, which provides small scale `Purchasing Power Agreements' and they will not enter into agreements with another company. They require an individual (typically a private homeowner) to enter into a PPA or lease back agreement. So the figures in the proposal are for illustrative purposes only. Non-residential PPAs (that is companies that will work with other companies) have several requirements before they even consider a deal. All non-residential PPA companies that we have worked with require a minimum system size of 100 KW. The system for 20800 Homestead is too small for them to consider. Also, please be aware that to be eligible for the current tax incentives the project has to be completed, inspected by the municipality and PGE before it is considered complete. The tax credits for solar will expire on Dec. 31, 2008, any projects over 20 KW that start after September 1st are very unlikely to meet this deadline. Please feel free to contact if you have any more questions regarding this matter or tax situation improves and there is further interest in utilizing solar at Prometheus. All the best, Jason Venetoulis, PhD Borrego Solar System Inc. Exhibit C Borrego Solar Systems, Inc. 727 Allston Way Suite B, Berkeley, CA 94710 Phone 510-843-1113 Fax 510-843-1116 www.borregosolar.com CA License C-46 #814435 Sun Run Generation 877-SUN-MOJO (877-786-6656) Mike Ducote 1900 S. Norfolk Street Suite 150 San Mateo,CA 94403 San Mateo County 9ORREGO Proposed 25.080kW Photovoltaic System 25.08kW DC Rated Solar Electric System 21.278928kW AC Rated Solar Electric System August 26, 2008 Turnkey System Includes: 132 X Evergreen Solar ES -190 -SL 190 -Watt Solar Module (25 Year Warranty) 4X SMA - SB6000US(240V) 6.01kW (10 Year Warranty) Approximately 2130 square feet of solar collectors Custom Solar Racking All Mounting Hardware and Materials. All Wring, Conduit, Breakers, Disconnects All Installation Labor State Rebate and PG&E Interconnection Administration Utility and Municipal Permit Administration & Fee 10 Year Full System Warranty 10 Year (1 Day) Reliability Guarantee Lifetime System Performance Monitoring All User Manuals, "How to" Guide, and Owner's Manual Sales Tax Total Cost: $166,561.57 CSI Estimated (EPBB) Rebate -$31,642.93 $134,918.64 1 Purchase Options 1. Cash -After CSI Rebate* 2. Sun Run Prepay Package 3. Sun Run Low Down $138,726.04 $115,775.03 $60,586.42 After Tax Credit ($2000)** Final Price (Upon installation) With Monthly Payment— $136,726.04 $115,775 $376 Includes: Includes: Notes: Extend Full System Warranty (18 yrs) Replace your current bill with solar *CSI rebate is adjusted for estimated shading, 14 un, and 1e0a:mtdh. No Waiting for Rebates or Tax Filing Flat $0.1351KW solar power for up to 18/yrs 'Rebate calculated using State and Utility oNine tool'. ww ,..epbb.com System Production Guarantee Extended Full System Warranty "Federal tax credit eligibility is subject to US Tax Law. Please consult your CPA. Online Monitoring/Precision Meter Option to buy outright or • Monthly payment is an eatimate using sun Run prouddion and saw. Option to purchase or remove system YR 18 remove the system for free This is the summarized cost proposal for 4 solar energy system (61 KW each to be Installed on 4 different buildings.) Quote valid for 15 daysthereafter subject to market fames or rebate declines SOLAR POWER ANALYSIS - Villa Serra Borrego Solar Estimated **** After Tax After Tax After Tax After Tax After Tax Assumes Annual System Rebate *** Reduced Tax Depreciation Maintenance Annual Cumulative Net Present Utility Rate Year Costs after tax Utility Bill Credits Savings Costs Cash Flow Cash Flow Value * Increase = 0 -$166,561 $31,642 $0 $0 $0 $0 -$134,919 -$134,919 ($28,226) 6.00% 1 $0 $0 $3,767 $0 $9,444 $0 $13,212 -$121,707 2 $0 $0 $3,993 $0 $15,111 $0 $19,104 -$102,603 ($16,529) 10.00% 3 $0 $0 $4,233 $0 $9,067 $0 $13,300 -$89,303 4 $0 $0 $4,487 $0 $5,430 $0 $9,918 -$79,386 5 $0 $0 $4,756 $0 $5,430 $0 $10,187 -$69,199 6 $0 $0 $5,042 $0 $2,739 $0 $7,780 -$61,419 7 $0 $0 $5,344 $0 $0 $0 $5,344 -$56,074 8 $0 $0 $5,665 $0 $0 $0 $5,665 -$50,410 9 $0 $0 $6,005 $0 $0 $0 $6,005 -$44,405 10 $0 $0 $6,365 $0 $0 $0 $6,365 -$38,040 11 $0 $0 $6,747 $0 $0 $0 $6,747 -$31,293 12 $0 $0 $7,152 $0 $0 $0 $7,152 -$24,142 13 $0 $0 $7,581 $0 $0 $0 $7,581 -$16,561 14 $0 $0 $8,036 $0 $0 $0 $8,036 -$8,525 15 $0 $0 $8,518 $0 $0 -$20,000 -$11,482 -$20,007 16 $0 $0 $9,029 $0 $467 $0 $9,495 -$10,512 17 $0 $0 $9,571 $0 $467 $0 $10,037 -$475 18 $0 $0 $10,145 $0 $467 $0 $10,611 $10,137 19 $0 $0 $10,753 $0 $467 $0 $11,220 $21,357 20 $0 $0 $11,399 $0 $467 $0 $11,865 $33,222 21 $0 $0 $12,083 $0 $467 $0 $12,549 $45,771 22 $0 $0 $12,808 $0 $467 $0 $13,274 $59,045 23 $0 $0 $13,576 $0 $467 $0 $14,043 $73,088 24 $0 $0 $14,391 $0 $467 $0 $14,857 $87,945 25 $0 $0 $15,254 $0 $467 $0 $15,721 $103,666 26 $0 $0 $16,169 $0 $467 $0 $16,636 $120,302 27 $0 $0 $17,139 $0 $467 $0 $17,606 $137,908 28 $0 $0 $18,168 $0 $467 $0 $18,634 $156,542 29 $0 $0 $19,258 $0 $467 $0 $19,724 $176,267 30 $0 $0 $20,413 $0 $467 $0 $20,880 $197,146 TOTALS -$166,561 $31,642 $297,844 $0 $54,222 -$20,000 $197,146 ASSUMPTIONS: Estimated Federal Tax Bracket 28.0% Estimated State Tax Bracket 7.0% Total 35.0% Assumes Annual Utility Bill Increases 6.0% Sale Price of Tax Credits (% of total credits) 0% "Discount Rate 9.00% Depreciation Savings Year One 20.00% - MACRS Year Two 32.00% Year Three 19.20% Year Four 11.50% Year Five 11.50% Year Six 5.80% 100.00% *** Rebate - Assumes that rebate received is not taxed as it is a reduction to our capitalized construction costs **** Assumes 15% of common meter electric utility costs are saved via solar panels - roughly $8,634 savings year one (pre-tax). Future Maintenance Costs - rinse panels twice/yr (on-site maintence staff), Year 15 assume $2,000 per inverter, 10 inverters replaced Solar System Owner Villa Serra Apartments, LLC Mike Ducote 20800 Homestaead Road Cupertino, CA September 30, 2008 167 Commercial St. Sunnyvale, CA 94086 Phone: 415-531-7820 Email: mstallings@recsolar.com Solar System Size $7.29 Cost per DC Watt 25,080 Watts DC Solar Electric System 21,279 Watts AC Solar Electric System Class Item Description Qty- Amount Complete Turn -Key System Cost to Include the Following Items: 1 $ 182,800.00 Solar Panels ES -190 -RL Evergreen 190 -Watt 132 Inverters SB6000US (240V) SMA 6000 -Watt, 240VAC 4 Monitoring RECO03 Energy Recommerce Online 1 REC203 Building Demand 1 REC231 Environmental Sensing 1 MON102 Additional 5 Year Service 1 MON102 Additional 5 Year Service 1 Racking RACKING REC Solar SolaRak— 11 Other Expenses MISC ELEC Misc Electrical Equipment 1 EQ RENT Equipment Rental 1 S&H Shipping and Handling 1 Labor Components GEN LAB General Labor 1 ELEC LAB Electrical Labor 1 D&E Design and Engineering 1 REC WARRANTY Installation (10 yr) 1 Solar Administration REBATE Rebate Administration 1 INTERCON Interconnection 1 SALES TAX REC Sales Tax 1 PERMITTING Permitting 1 Total to REC Solar $182,800 *Rebate is an estimate only. State Rebate* 38,903 **These system costs are a preliminary estimate only. Final system cost will be Tax Credits 18,280 determined after detailed engineering has been conducted by REC Solar. Net System Cost** $125,617 GENERAL DISCLAIMER: All quotations are valid for (30) days from the date of the quotation unless a reduction of rebate occurs within the 30 day period. Design, permitting, installation, sales tax, utility interconnection and rebate paperwork as detailed in the "General Contract for Services" are included in the quoted system cost. The total price paid to Contractor is listed as "Total to REC Solar." "Net System Cost" is realized after tax returns are filed and related tax credits are applied by the IRS. TAX/FINANCIAL DISCLAIMER: The tax information on this page is intended for discussion purposes only and should not be construed as tax advice. All applicable federal tax credits are estimates. Actual tax credits will be based on customer's financial situation. Customers applying for the commercial tax credit should consult with a tax professional to determine eligibility. We recommend that you contact an accountant or tax attorney for any specific financial advice. Exhibit D SOLAR POWER ANALYSIS -,Villa Serra Rec Solar Estimated **** After Tax After Tax After Tax After Tax After Tax Assumes Annual System Rebate *** Reduced Tax Depreciation Maintenance Annual Cumulative Net Present Utility Rate Year Costs after tax Utility Bill Credits Savings Costs Cash Flow Cash Flow Value * Increase = 0 -$182,800 $38,903 $0 $0 $0 $0 -$143,897 -$143,897 ($34,180) 6.00% 1 $0 $0 $3,767 $0 $10,073 $0 $13,840 -$130,057 2 $0 $0 $3,993 $0 $16,116 $0 $20,110 -$109,947 ($16,529) 10.00% 3 $0 $0 $4,233 $0 $9,670 $0 $13,903 -$96,044 4 $0 $0 $4,487 $0 $5,792 $0 $10,279 -$85,765 5 $0 $0 $4,756 $0 $5,792 $0 $10,548 -$75,217 6 $0 $0 $5,042 $0 $2,921 $0 $7,963 -$67,254 7 $0 $0 $5,344 $0 $0 $0 $5,344 -$61,910 8 $0 $0 $5,665 $0 $0 $0 $5,665 -$56,245 9 $0 $0 $6,005 $0 $0 $0 $6,005 -$50,241 10 $0 $0 $6,365 $0 $0 $0 $6,365 -$43,876 11 $0 $0 $6,747 $0 $0 $0 $6,747 -$37,129 12 $0 $0 $7,152 $0 $0 $0 $7,152 -$29,977 13 $0 $0 $7,581 $0 $0 $0 $7,581 -$22,396 14 $0 $0 $8,036 $0 $0 $0 $8,036 -$14,361 15 $0 $0 $8,518 $0 $0 -$20,000 -$11,482 -$25,843 16 $0 $0 $9,029 $0 $467 $0 $9,495 -$16,348 17 $0 $0 $9,571 $0 $467 $0 $10,037 -$6,311 18 $0 $0 $10,145 $0 $467 $0 $10,611 $4,301 19 $0 $0 $10,753 $0 $467 $0 $11,220 $15,521 20 $0 $0 $11,399 $0 $467 $0 $11,865 $27,386 21 $0 $0 $12,083 $0 $467 $0 $12,549 $39,936 22 $0 $0 $12,808 $0 $467 $0 $13,274 $53,210 23 $0 $0 $13,576 $0 $467 $0 $14,043 $67,252 24 $0 $0 $14,391 $0 $467 $0 $14,857 $82,110 25 $0 $0 $15,254 $0 $467 $0 $15,721 $97,830 26 $0 $0 $16,169 $0 $467 $0 $16,636 $114,466 27 $0 $0 $17,139 $0 $467 $0 $17,606 $132,072 28 $0 $0 $18,168 $0 $467 $0 $18,634 $150,706 29 $0 $0 $19,258 $0 $467 $0 $19,724 $170,431 30 $0 $0 $20,413 $0 $467 $0 $20,880 $191,311 TOTALS -$182,800 $38,903 $297,844 $0 $57,364 -$20,000 $191,311 ASSUMPTIONS: Estimated Federal Tax Bracket 28.0% Estimated State Tax Bracket 7.0% Total 35.0% Assumes Annual Utility Bill Increases 6.0% Sale Price of Tax Credits (% of total credits) 0% *Discount Rate 9.00% Depreciation Savings Year One 20.00% - MACRS Year Two 32.00% Year Three 19.20% Year Four 11.50% Year Five 11.50% Year Six 5.80% 100.00% *** Rebate - Assumes that rebate received is not taxed as it is a reduction to our capitalized construction costs **** Assumes 15% of common meter electric utility costs are saved via solar panels - roughly $8,634 savings year one (pre-tax). Future Maintenance Costs - rinse panels twice/yr (on-site maintence staff), Year 15 assume $2,000 per inverter, 10 inverters replaced 1 1% Villa Serra (Design 1) 20800 Homestead Rd Cupertino, CA 95014 650.931.3457 mducote@prometheusreg.com PROPOSED SYSTEM SPECIFICATIONS Proposed System Size 20.500 kW DC(STC) EPBB ($1.83 / ACLWATT) 17.190 kW AC(CEC) Estimated Annual Productioni 28,957 kWh Reduction in Utility Bill ($661/month) 78% Services and Equipment List $10,994 • 205W KYOCERA KD205GX-LP Modules (100) • 5000W XANTREX GT5.0-NA-240/208 (240V) Inverter (4) • Mounting System • Complimentary SolarGuard Monitoring System for 5 years2 'Th,1 -ti o -S111 A", -g -d mb,,t¢ -- rt Y Y4,y 'w bm nst,,.I.J 6 of 4 t— in,UnlWtm Nm thi, n—Al .j, M,, .". ,:.bj.d t,.4M I THE COST OF YOUR SYSTEM SolarCity Power System $150,055 EPBB ($1.83 / ACLWATT) -31.412 30% Federal Tax Credit ($2.000 Residential -$45.01-73 Limit) Federal Tax on State and Local Rebates $10,994 Final System Cost to Customer After Incentives $84,621 (excluding permit fees) 888.$OL.CITY 1 888.765.2489 1 ..Imity.—, CA CSLS #888104. OR CCB #180498, AZ ROC #243771 SOLAR POWER ANALYSIS - Villa Serra Solar City Estimated **** After Tax After Tax After Tax After Tax After Tax Assumes Annual System Rebate *** Reduced Tax Depreciation Maintenance Annual Cumulative Net Present Utility Rate Year Costs after tax Utility Bill Credits Savings Costs Cash Flow Cash Flow Value * Increase = 0 -$150,055 $31,412 $0 $0 $0 $0 -$118,643 -$118,643 ($17,432) 6.00% 1 $0 $0 $3,767 $0 $8,305 $0 $12,072 -$106,571 2 $0 $0 $3,993 $0 $13,288 $0 $17,281 -$89,289 ($16,529) 10.00% 3 $0 $0 $4,233 $0 $7,973 $0 $12,206 -$77,083 4 $0 $0 $4,487 $0 $4,775 $0 $9,262 -$67,821 5 $0 $0 $4,756 $0 $4,775 $0 $9,532 -$58,289 6 $0 $0 $5,042 $0 $2,408 $0 $7,450 -$50,839 7 $0 $0 $5,344 $0 $0 $0 $5,344 -$45,495 8 $0 $0 $5,665 $0 $0 $0 $5,665 -$39,830 9 $0 $0 $6,005 $0 $0 $0 $6,005 -$33,826 10 $0 $0 $6,365 $0 $0 $0 $6,365 -$27,461 11 $0 $0 $6,747 $0 $0 $0 $6,747 -$20,714 12 $0 $0 $7,152 $0 $0 $0 $7,152 -$13,562 13 $0 $0 $7,581 $0 $0 $0 $7,581 -$5,981 14 $0 $0 $8,036 $0 $0 $0 $8,036 $2,054 15 $0 $0 $8,518 $0 $0 -$20,000 -$11,482 -$9,428 16 $0 $0 $9,029 $0 $467 $0 $9,495 $67 17 $0 $0 $9,571 $0 $467 $0 $10,037 $10,105 18 $0 $0 $10,145 $0 $467 $0 $10,611 $20,716 19 $0 $0 $10,753 $0 $467 $0 $11,220 $31,936 20 $0 $0 $11,399 $0 $467 $0 $11,865 $43,801 21 $0 $0 $12,083 $0 $467 $0 $12,549 $56,351 22 $0 $0 $12,808 $0 $467 $0 $13,274 $69,625 23 $0 $0 $13,576 $0 $467 $0 $14,043 $83,667 24 $0 $0 $14,391 $0 $467 $0 $14,857 $98,525 25 $0 $0 $15,254 $0 $467 $0 $15,721 $114,245 26 $0 $0 $16,169 $0 $467 $0 $16,636 $130,881 27 $0 $0 $17,139 $0 $467 $0 $17,606 $148,487 28 $0 $0 $18,168 $0 $467 $0 $18,634 $167,122 29 $0 $0 $19,258 $0 $467 $0 $19,724 $186,846 30 $0 $0 $20,413 $0 $467 $0 $20,880 $207,726 TOTALS -$150,055 $31,412 $297,844 $0 $48,525 -$20,000 $207,726 ASSUMPTIONS: Estimated Federal Tax Bracket 28.0% Estimated State Tax Bracket 7.0% Total 35.0% Assumes Annual Utility Bill Increases 6.0% Sale Price of Tax Credits (% of total credits) 0% *Discount Rate 9.00% Depreciation Savings Year One 20.00% - MACRS Year Two 32.00% Year Three 19.20% Year Four 11.50% Year Five 11.50% Year Six 5.80% 100.00% *** Rebate - Assumes that rebate received is not taxed as it is a reduction to our capitalized construction costs **** Assumes 15% of common meter electric utility costs are saved via solar panels - roughly $8,634 savings year one (pre-tax). Future Maintenance Costs - rinse panels twice/yr (on-site maintence staff), Year 15 assume $2,000 per inverter, 10 inverters replaced Estimate SunWater Solar Inc. 865 Marina Bay Parkway Suite 39 r � Richmond, CA 94804 °. (510) 233-0300 License # 869248 Villa Serra Solar Pool Heating System - Main pool Scope of Work Materials: Design: Labor: Notes: uantit Item 35 Heliodyne Gobi 4' x 10' solar collectors 35 Collector flush mount racking system 1 3 -way valve for solar loop 1 Solar Pool control All pipe, temp. gauges, flow valves, and other components required for functional solar pool heating system per drawings and specifications Date 9/23/2008 Provide drawings Provide service manual and other literature related to solar pool heating system as requirec Install solar racking Mount solar collectors Pipe collectors on roof install solar loops from Mech Room Install solar pump and valves at pool mechanical room Install solar controls in mechanical room Pressure test solar system piping Commission system Assumes building structure is sufficient to carry solar collector and racking loads This bid assumes using insulated copper type L piping and PVC Price is good for 15 days Does not include trenching, trench prep or backfilling of trench Does not include concrete coring if needed Estimated System Cost $122,609 EXHIBIT E Estimate SunWater Solar Inc. cM1 865 Marina Bay Parkway Suite 39 _.L Richmond, CA 94804 (510) 233-0300 License # 869248 Villa Serra Solar Spa Heating System - Main Spa Scope of Work Materials: Design: Labor: Notes: uantit Item 3 Heliodyne Gobi 4' x 10' solar collectors 3 Collector flush mount racking system 1 3 -way valve for solar loop 1 Solar Spa control All pipe, temp. gauges, flow valves, and other components required for functional solar pool heating system per drawings and specifications Date 9/23/2008 Provide drawings Provide service manual and other literature related to solar pool heating system as requirec Install solar racking Mount solar collectors Pipe collectors on roof install solar loops from Mech Room Install solar pump and valves at spa mechanical room Install solar controls in mechanical room Pressure test solar system piping Commission system Assumes building structure is sufficient to carry solar collector and racking loads This bid assumes using insulated copper type L piping and PVC Price is good for 15 days Does not include trenching, trench prep or backfilling of trench Does not include concrete coring if needed Estimated System Cost $12,833 SOLAR POWER ANALYSIS -!Villa Serra Sun Water/Hot Water Estimated **** After Tax After Tax After Tax After Tax After Tax Assumes Annual System Rebate *** Reduced Tax Depreciation Maintenance Annual Cumulative Net Present Utility Rate Year Costs after tax Utility Bill Credits Savings Costs Cash Flow Cash Flow Value * Increase = 0 -$135,442 $0 $0 $0 $0 $0 -$135,442 -$135,442 ($28,573) 6.00% 1 $0 $0 $3,767 $0 $9,481 $0 $13,248 -$122,194 2 $0 $0 $3,993 $0 $15,170 $0 $19,163 -$103,031 ($16,529) 10.00% 3 $0 $0 $4,233 $0 $9,102 $0 $13,335 -$89,696 4 $0 $0 $4,487 $0 $5,452 $0 $9,939 -$79,757 5 $0 $0 $4,756 $0 $5,452 $0 $10,208 -$69,550 6 $0 $0 $5,042 $0 $2,749 $0 $7,791 -$61,758 7 $0 $0 $5,344 $0 $0 $0 $5,344 -$56,414 8 $0 $0 $5,665 $0 $0 $0 $5,665 -$50,750 9 $0 $0 $6,005 $0 $0 $0 $6,005 -$44,745 10 $0 $0 $6,365 $0 $0 $0 $6,365 -$38,380 11 $0 $0 $6,747 $0 $0 $0 $6,747 -$31,633 12 $0 $0 $7,152 $0 $0 $0 $7,152 -$24,481 13 $0 $0 $7,581 $0 $0 $0 $7,581 -$16,901 14 $0 $0 $8,036 $0 $0 $0 $8,036 -$8,865 15 $0 $0 $8,518 $0 $0 -$20,000 -$11,482 -$20,347 16 $0 $0 $9,029 $0 $467 $0 $9,495 -$10,852 17 $0 $0 $9,571 $0 $467 $0 $10,037 -$815 18 $0 $0 $10,145 $0 $467 $0 $10,611 $9,797 19 $0 $0 $10,753 $0 $467 $0 $11,220 $21,017 20 $0 $0 $11,399 $0 $467 $0 $11,865 $32,882 21 $0 $0 $12,083 $0 $467 $0 $12,549 $45,431 22 $0 $0 $12,808 $0 $467 $0 $13,274 $58,705 23 $0 $0 $13,576 $0 $467 $0 $14,043 $72,748 24 $0 $0 $14,391 $0 $467 $0 $14,857 $87,605 25 $0 $0 $15,254 $0 $467 $0 $15,721 $103,326 26 $0 $0 $16,169 $0 $467 $0 $16,636 $119,962 27 $0 $0 $17,139 $0 $467 $0 $17,606 $137,568 28 $0 $0 $18,168 $0 $467 $0 $18,634 $156,202 29 $0 $0 $19,258 $0 $467 $0 $19,724 $175,927 30 $0 $0 $20,413 $0 $467 $0 $20,880 $196,807 TOTALS -$135,442 $0 $297,844 $0 $54,405 -$20,000 $196,807 ASSUMPTIONS: Estimated Federal Tax Bracket 28.0% Estimated State Tax Bracket 7.0% Total 35.0% Assumes Annual Utility Bill Increases 6.0% Sale Price of Tax Credits (% of total credits) 0% *Discount Rate 9.00% Depreciation Savings Year One 20.00% - MACRS Year Two 32.00% Year Three 19.20% Year Four 11.50% Year Five 11.50% Year Six 5.80% 100.00% *** Rebate - Assumes that rebate received is not taxed as it is a reduction to our capitalized construction costs **** Assumes 15% of common meter electric utility costs are saved via solar panels - roughly $8,634 savings year one (pre-tax). Future Maintenance Costs - rinse panels twice/yr (on-site maintence staff), Year 15 assume $2,000 per inverter, 10 inverters replaced 1_9 _ 9 CYCLO0E�i UP TO 06% THERMAL EffICIENCV10IRECT VENT The A.O. Smith Cyclone Xi family of products represents the industry's most technologically advanced commercial water heaters. The innovative Cyclone Xi design takes performance to its highest level with efficiencies of 95% and 96%. Models are available from 120,000 BTUs and now up to 500,000 BTUs. In addition, the Cyclone Xi features an Intelligent Control System making it the smartest water heater in the industry. Cyclone Xi provides outstanding hot water output, with dramatic savings on operating costs compared to units with standard 80% efficiency. A.O. Smith's leading-edge engineering delivers conventional power -vent or sealed combustion power direct -vent versatility, low NOx emissions and excellent space -saving characteristics. Powered anodes, standard on all Cyclone Xi models, provide superior tank protection for years of trouble free operation. INTELLIGENT CONTROL SYSTEM WITH LCD DISPLAY • Exclusive A.O. Smith designed control • Provides detailed water heater status information • Precise temperature control • Built-in diagnostics . • Run histrory information SUBMERGED COMBUSTION CHAMBER, WITH HELICAL HEAT EXCHANGER COIL • Positioned in center of tank, surrounded by water to virtually eliminate radiant heat loss from chamber • Spiral heat exchanger keeps hot burner gases swirling, uses centrifugal force to maximize efficiency of heat transfer to water in tank • Spiral heat exchanger prevents scale and sediment from forming on water -side surface, which can reduce energy efficiency over time POWERED ANODES STANDARD ON ALL MODELS • Provides long-lasting tank protection in varying water conditions • Does not require maintenance or inspection PERMAGLAS•' ULTRA COAT" GLASS LINING • Exclusive process provides superior protection against corrosion • Both sides of heat exchanger coil are lined for protection against flue gas condensate inside coil MECHANICAL VENTING VERSATILITY • Conventional power -venting or sealed combustion direct venting • Vents vertically or through sidewall • Direct -vent intake and exhaust pipe can terminate separately outside building, or through single opening, using concentric vent assembly • Uses inexpensive PVC, CPVC or ABS pipe for intake and exhaust HIGH EFFICIENCY PRE -MIX POWERED BURNER • Down -fired pre -mix burner provides optimum efficiency and quiet operation • Top -mounted burner position prevents condensation from affecting burner operation December 2007R Exhibit G BTH-120 through 0TH -500 i SCAQMD Approved, Rule 1146.2 Low NOx for California and Texas BTH-120-250 ASME V (OPTIONAL) BTH-300-500 C UL US Page 1 of 4 ACGSS02407 C Y C 10 H Iyj- OTHER CYCLONE Xi FEATURES UP TO 90% THERMAL EFFICIENCY,OIRECT VENT SPACE -SAVING DESIGN FOR INSTALLATION FLEXIBILITY • Reduced footprint, ease of service, protection from water damage in case of flooding • Easy to remove top cover for convenient access to serviceable parts • 0- installation clearances on sides and rear, 2" installation clearance on top, 4" alcove installation clearance in front of unit • T clearance to combustibles, approved for. combustible floors FACTORY -INSTALLED TEMPERATURE AND PRESSURE RELIEF VALVE MAXIMUM HYDROSTATIC WORKING PRESSURE: 160 PSI HANDHOLE CLEANOUT • Allows easy access to tank interior for cleaning CODES AND STANDARDS *Design -certified by UL (Underwriters Laboratories) International, according to ANSZ21.10.3-CSA4.3 standards governing storage -type water heaters • Meets ASHRAE/IESNA 90.1-1999• Design -certified by Underwriters Laboratories to NSF standard 5 for 180° F (62° C) water • Meets SCAQMD Rule 1146.2 for low-NOx emissions • ASME tank construction optional on 120 to 250 model sizes. ASME tank construction standard on 300,400 and 500 models THREE-YEAR LIMITED TANK WARRANTY • For complete warranty details, consult written warranty shipped with heater, or contact A. O. Smith INSTALLATION CONSIDERATIONS Condensate Drain - This is a fully condensing water heater and should be located near a drain to permit proper disposal of condensate. 2. Vent Termination - Exhaust gases of this water heater are lessthan 140° F. In cold climates water vapor in flue gases will condense into a cloud of vapor where the vent exits the building. This vapor can gradually discolor exterior building surfaces. Vent termination should be located where this vapor cloud and potential discoloration are not a concern. Locating vent termination 6' or more from the wall helps vapor from being trapped along a building's face. To avoid this problem, the vent can be terminated on the roof. Always locate vent termination above the maximum snowline, and do not locate vent termination above a walkway. 3 Air Intake - In cold climates, air intake should be located at least three feet from the vent termination of the water heater and any other appliance vents that discharge moisture -laden air (such as clothes dryers). This will help prevent freeze -over of the intake screen required to prevent foreign objects from entering the intake pipe. Air intake should be located above the maximum snowline. 4. Blockage Sensors - The water heater is equipped with sensors to shut it down if blockage of vent or air intake occurs. A light on the heater's diagnostic panel will alert service technicians to this problem. 5. Noise - Vent terminal should be located away from bedroom windows or other areas where blower noise will be objectionable. Avoid venting into corners or confined areas, which will amplify sound. Anchoring intake or vent pipe to walls or ceilings can cause noise to be transmitted to living areas, and isolation mounts should be used where anchoring is required. 6 Optional Concentric Vent Kit - Helps to minimize unsightly wa]Vroof penetrations. BTH-120 - 300 vent kit p/n 9003910105 BTH-400 - 500 vent kit p/n 9006144005 Page 2 of 4 ACGSS02407 BTH-120-250 DIMENSIONS AND SHIPPING WEIGHTS CLEAT INSTALLATION CLEARANCES Sides 0" Front 0 - Rear 0 - Top 1.5 - To Combustibles' 07 ° Approved for combustible floors 1112" NPT GAS VALVE PIPING BTH-120 1/2- NPT BTH-150 3/47NPT BTH-199 3/4" NPT BTH-250 3/4"NPT BTH-300 1 1/4" NPT BTH-400 1 1/47 N PT BTH-500 1 1/2- N PT MAICIMUM EQUIVALENT VENT LENGTH: BTH- using 3 -pipe: 120-250 50 ft. BTH- using 4" pipe: 120-250 120 ft. BTH- using 3" pipe: 300-500 not applicable BTH- using 4" pipe: 300-500 70 ft. MODEL DIMENSIONS SHIP WEIGHT STD SHIP WEIGHT ASME A B C D E F G INCHES/CM INCHES/CM INCHES/CM INCHES/CM INCHES/CM INCHES/CM INCHES/CM LBS/KG LBS/KG BTH-120 55.5/141 44.5/113 35/88.9 27.75/70.5 7.5/19.1 6.3/16 47/119.4 46OLbs/208.7Kg 49OLbs/222.2Kg BTH-150 75.5/191,8 64.5/163.8 55.5/141 27.75/70.5 7.5/19.1 6.3/16 68/172.7 555Lbs/251.7Kg 595Lbs/269.9Kg BTH-199, 250 75.5/191.8 64.5/163.8 55.5/141 27.75/70.5 7.5/19.1 6.3/16 72/182.9 555Lbs/251.7Kg 595Lbs/269.9Kg BTH-300, 400, 500 75.5/191.8 64.5/163.8 50.77/129 33.12/84.1 8/20.3 4.86/12.3 67.25/170.8 N/A 855Lbs/408.2 Kg Water connections: 1-1/T Page 3 of 4 ACGSS02407 THIRMAI IffMINCY,DIRICT VENT Recovery capacities are based on heater performance at 95% and 96% thermal efficiency. Add "A" to model number when ordering ASME optional on 120 - 250 models. Standard on 300 - 500 models. Maximum gas supply pressure for 120 - 250:10-5" w.c. natural gas 14" w.c propane. Maximum gas supply pressure for 300-50010" w.c. natural gas 13" w.c. propane. Manifold pressure: 4" w.c. natural gas 10" w.c. propane. Electrical requirements: 120 VAC, Blower 2.2 Amps FL, Igniter 4.0 Amps SUGGESTED SPECIFICATION (Natural or Propane) gas water heater(s) shall be A O. Smith Cyclone Xi model # or equal, with up to 96% thermal effbiency, a storage capacity of gallons, an input rating of BTUs per hour, a recovery rating of gallons per hour (gph) at 100° F riseand a maximum hydrostatic working pressure of 160 PSI. Water heater(s) shall: 1. Have seamless glass -lined steel tank construction, with glass lining applied to all water -side surfaces after the tank has been assembled and welded; 2. Have a spiral -shaped heat exchanger placed entirely inside the tank, which shall be glass -lined to protect against acidic flue gas condensate; 3. Have foam insulation and an ASME-rated temperature and pressure relief valve; 4. Have a cbwn-fired power burner designed for precise mixing of air and gas for optimum efficiency, requiring no special calibration on start-up; 5. Be approvedfor 0 -clearance to combustibles. Heater shall be supplied with maintenance -free powered anode. The control shall be an integrated solid-state temperature and ignition control device with integral diagnostics, graphic userinterface, fault history display, and shall have digital temperature readout. The water heater(s) shall: 1. Be design -certified by UL (Underwriters Laboratories), according to ANSZ21.10 standards govemingstorage-type water heaters; 2. Meet ASHRAEAESNA 90.1-1999; 3. Be design -certified by Underwriters Laboratories for 180° F (62° C) water, 4. Meet SCAQMD Rule 1146.2 {or low-NOx emissions. For conventional -vent specification: The BTH-120 - 250 water heaters) shall be suitable for venting in 3" PVC pipe for a total equivalent distance of 50 ft and 47 PVC pipe for a total equivalent distance of 120 fL The BTH-300 - 500 water heater(s) shall be suitable for venting only in 47 PVC pipe, for a total equivalent distance of 70 ft. For sealed -combustion direct -vent specification: The BTH-120 - 250 water heater(s) shall be suitable for venting with (3 -or 41 diameter PVC pipe for a total equivalent distance of (50 ft or 120 ft) feet. [Alternative venting: the heaters) shall be suitable for sealed combustion direct venting using a (3 -or 4) diameter PVC exhaust pipe for a total distance of (50 ft or 120 ft) equivalent feet of vent and (50 ft or 120ft) equivalent feet of intake.] The BTH-300 - 500 water heaters) shall be suitable for sealed combustion direct -vent using only 47diameterPVC pipe and 4" diameter PVC exhaust pipe for a total equivalent distance of 70 ft. Operation of the water heater(s) in a closed system where thermal expansion has not been compensated for (with a properly sizedthermal expansion tank) will void the warranty. For Technical Information and Automated Fax Service, call 800-527-1953. A 0. Smith reserves the right to make pmduct changes or impmvements without prior notice. / Page 4 of 4 December 2007R Printed in U.SA. ACGSS02407 U.S. Gallons/Hr and Litres/Hr at TEMPERATURE RISE INDICATED MODEL TYPE OF GAS INPUT Thermal Efficiency Approx. Capacity Fg Cg 30 Fg 17 Cg 40 Fp 22 Cg 50 Fg 28 Cg 60 F 33 C° 70 Fg 39 Cg 80 F° 44 Cg 90 F- 50 Cg 100 F° 56 C" 110 Fe 61 Cg 120 F° 67 CO 130179 72 Cg 140 F4 78 Cg BTUH KW BTH 120 NATURAL/ PROPANE 120,000 95% 60 U.S. Gal GPH 461 345 276 230 197 173 154 138 126 115 106 99 35 227 Litres LPH 1744 1308 1046 872 747 654 581 523 476 436 402 374 BTH 150 NATURAL/ PROPANE 150,000100 95% U.S. Gals. GPH 576 432 345 288 247 216 192 173 157 144 133 123 44 379 Litres LPH 2179 1635 1308 1090 934 817 726 654 594 545 503 467 BTH 199 NATURAL/ PROPANE 199,900 95% 100 U.S. Gals. GPH 767 575 460 384 329 288 256 230 209 192 177 164 58 379 Litres LPH 2904 2178 1743 1452 1245 1089 968 871 792 726 670 622 BTH 250 NATURAL/ PROPANE 250,000 73 95% 100 U.S. Gals. GPH 960 720 576 480 411 360 320 288 262 240 221 206 379 Litres LPH 3632 2724 2179 1816 1557 1362 1211 1044 991 908 838 778 BTH 300 NATURAL/ PROPANE 300,000 96% 130 U.S. Gals. GPH 1164 873 699 582 499 436 388 349 318 291 269 250 88 492 Litres LPH 4406 3304 2644 2203 1888 1652 1469 1322 1201 1102 1017 945 BTH 400 NATURAL/ PROPANE 399,900 96% 130 U.S. Gals. GPH 1552 1164 931 776 665 582 517 465 423 388 359 332 117 492 Litres LPH 5875 4406 3525 2938 2518 2203 1958 1759 1602 1469 1356 1259 BTH 500 NATURAL/ PROPANE 499,900 ° 95 �O 130 U.S. Gals. GPH 1919 1439 1151 959 822 720 640 576 523 480 443 411 146 492 Litres LPH 1 7263 5447 4358 3631 1 3113 2724 2421 2179 1981 1816 1676 1556 Recovery capacities are based on heater performance at 95% and 96% thermal efficiency. Add "A" to model number when ordering ASME optional on 120 - 250 models. Standard on 300 - 500 models. Maximum gas supply pressure for 120 - 250:10-5" w.c. natural gas 14" w.c propane. Maximum gas supply pressure for 300-50010" w.c. natural gas 13" w.c. propane. Manifold pressure: 4" w.c. natural gas 10" w.c. propane. Electrical requirements: 120 VAC, Blower 2.2 Amps FL, Igniter 4.0 Amps SUGGESTED SPECIFICATION (Natural or Propane) gas water heater(s) shall be A O. Smith Cyclone Xi model # or equal, with up to 96% thermal effbiency, a storage capacity of gallons, an input rating of BTUs per hour, a recovery rating of gallons per hour (gph) at 100° F riseand a maximum hydrostatic working pressure of 160 PSI. Water heater(s) shall: 1. Have seamless glass -lined steel tank construction, with glass lining applied to all water -side surfaces after the tank has been assembled and welded; 2. Have a spiral -shaped heat exchanger placed entirely inside the tank, which shall be glass -lined to protect against acidic flue gas condensate; 3. Have foam insulation and an ASME-rated temperature and pressure relief valve; 4. Have a cbwn-fired power burner designed for precise mixing of air and gas for optimum efficiency, requiring no special calibration on start-up; 5. Be approvedfor 0 -clearance to combustibles. Heater shall be supplied with maintenance -free powered anode. The control shall be an integrated solid-state temperature and ignition control device with integral diagnostics, graphic userinterface, fault history display, and shall have digital temperature readout. The water heater(s) shall: 1. Be design -certified by UL (Underwriters Laboratories), according to ANSZ21.10 standards govemingstorage-type water heaters; 2. Meet ASHRAEAESNA 90.1-1999; 3. Be design -certified by Underwriters Laboratories for 180° F (62° C) water, 4. Meet SCAQMD Rule 1146.2 {or low-NOx emissions. For conventional -vent specification: The BTH-120 - 250 water heaters) shall be suitable for venting in 3" PVC pipe for a total equivalent distance of 50 ft and 47 PVC pipe for a total equivalent distance of 120 fL The BTH-300 - 500 water heater(s) shall be suitable for venting only in 47 PVC pipe, for a total equivalent distance of 70 ft. For sealed -combustion direct -vent specification: The BTH-120 - 250 water heater(s) shall be suitable for venting with (3 -or 41 diameter PVC pipe for a total equivalent distance of (50 ft or 120 ft) feet. [Alternative venting: the heaters) shall be suitable for sealed combustion direct venting using a (3 -or 4) diameter PVC exhaust pipe for a total distance of (50 ft or 120 ft) equivalent feet of vent and (50 ft or 120ft) equivalent feet of intake.] The BTH-300 - 500 water heaters) shall be suitable for sealed combustion direct -vent using only 47diameterPVC pipe and 4" diameter PVC exhaust pipe for a total equivalent distance of 70 ft. Operation of the water heater(s) in a closed system where thermal expansion has not been compensated for (with a properly sizedthermal expansion tank) will void the warranty. For Technical Information and Automated Fax Service, call 800-527-1953. A 0. Smith reserves the right to make pmduct changes or impmvements without prior notice. / Page 4 of 4 December 2007R Printed in U.SA. ACGSS02407 httn://www.mbci.com/new/Lyreen solutions.html MBCI's metal roofs are energy efficient, sustainable, recyclable, durable, lightweight and cost effective. Our panels are made from 25-35 percent recycled materials and are 100 percent recyclable products. As a proud Energy Star Partner, many of our Cool Roof colors have reflectivity performance levels that meet Energy Star criteria at 2:12 pitch or greater offering considerable energy savings. MBCI's metal is durable with a long life expectancy that benefits both building owners and the environment by lowering the demand to produce replacement systems. Because MBCI's metal roofing systems are coated with infrared reflective Cool Roof finishes, much of the sun's infrared radiation is reflected, offering energy savings, including the reduction of air-conditioning costs by 20%. Metal's low thermal mass will not store heat and radiate it into a building during the evening. Cool metal roofing can help to mitigate the "urban heat island" effect by reducing the demand on utilities for electricity generated by the burning of fossil fuels. A heat island is a dark surface with little or no vegetation to provide shade and cool the air that absorbs more heat from the sun than other surfaces. htti)://ivww.mil2ard.com/2ettinE,-started/ener.Ry-efficiency.a Milgard energy efficient windows come standard with SunCoat® Low -E insulating glass straight from our in-house production facility. Our ENERGY STAR® compliant windows and doors must be rated and labeled based on ENERGY STAR® climate zones. Milgard tailors the components of your window to work most efficiently where you live. Based on the climate in your region, we'll customize a solution that can help you gain up to a 26% increase in performance above standard ENERGY STAR® qualifications. Milgard extrudes or pultrudes our own vinyl and fiberglass and assembles all the window components in-house. We reuse virtually all vinyl process waste or find another manufacturer who can use it. http://ww-,v.kellymoore.con-/products/groups/e coat e coat recycled paint is made with a minimum of 50% post -consumer waste paint. It is completely remanufactured to assure consistent performance. In this process designated paint for recycling is sorted and tested. It is then filtered, mixed and adjusted for quality. New ingredients are often added to batches of e coat to assure consistent performance, coverage and color consistency. e coat paint is also processed to assure good adhesion, abrasion resistance and durability. hitp://www.Qeqppliances.coM/products/enerizy/ GE ENERGY STAR® qualified refrigerators are at least 15 percent more energy in efficient to operate than refrigerators that are not ENERGY STAR® qualified and at least 50% more energy efficient than refrigerators 10 years ago. Hardie Siding and Hardie Panel (see attached) Developing and Building Sustainably with James Hardie James Hardie is committed to helping you build better, more sustainable projects by working with building science experts to understand the role our products play in the building envelope. While products alone do not provide points, the following information will help you determine how James Hardie products contribute toward the overall performance of the building. NATIONAL GREEN GUIDELINE PROGRAMS JAMES HARDIE SIDING PRODUCTS JAMES HARDIE BACKER BOARD MR 5.1 and 5.2 Regional Materials'; ID2.1 Durability MR 4.1 and 4.2 Recycled Content'; MR 5.1 and 5.2 Projects seeking USGBC LEED® certification and Planning Credit'; ID 2.4 Third Party Durability Regional Materials'; ID 2.2 Indoor Moisture Control' Inspection'; SSc5 Pest Control Alternatives' 2.1.5 No additional finish resources to complete 2.4.1 Recycled Content; 2.8.1 Locally available. NAHB's Voluntary Model Green Home Building Guidelines application onsite'; 2.2.8 Termite resistant materials; 2.7.1 Prodcts that contain fewer resources than 5.3.2 Moisture management` traditional products; 2.8.1 Locally available materials LEED-NC (commercial) only. 'LEED for Home. 'Fiber -cement can be used to protect the foundation insulation. LEED for Home only. 'Durability Inspection Checklist in LEED for Home includes issues with Pests and Natural Disasters. 'JH siding with ColorPLus' Technology is delivered to the job site pre -painted. `Non paper-foced backerboard. Plant Locations .Tao VJA .Bmta, NV Pent, m Blnnaon, PA • P,;. ki, VA •Fottte CA w—h-17e T% $umtnerv0l., SC CIW—., T% Plant City. FL • Ten manufacturing facilities support the regional economy and reduce the environmental impact caused by transportation of materials. • Raw materials that are extracted and processed near each manufacturing facility also reduces transportation. • Raw materials are low in toxicity — wood pulp, cement, sand and water (recycled up to 4 times). • Longer lasting materials not only require fewer resources for replacement but also reduce maintenance and repair costs. • Unique ColorPlus manufacturing process bakes on paint in our factories delivering a quality, consistent finish, eliminating VOCs during exterior painting. 15 -year finish warranty ensures reduced need for repainting. • James Hardie siding is non-combustible in accordance with ASTM E 136 and can be installed to achieve MIAMI-DADE Large and Small Missile Impact Rating. • Manufacturing processes focus on quality, first -run materials. Zero to Landfill project aimed at reducing amount of raw materials waste sent to the landfills by half. Resists Damage From Resists Damage From Resists Damage Resists Damage Resists Wet, Humid Climates Cold, Climates From Impact from Insects Flame Spread GREEN EXPERTS: "The single most important factor in green architecture is durability. If you want "Green programs are intended to provide guidelines, however, they don't account something to be green it has to last a long time. It has to handle water, heat and for everything - good, common sense tells you that if a product is durable, doesn't UV radiation. Fiber -cement handles all three exceptionally well." rot, R will make your building better." Joseph LsPburek, BASC, MENG., PHD, P&G �j JamesHardie — Peter Pfeiffer, FAIA 1-866-4-HARDIE (1-866-442-7343) www.jameshardie.com �a gU I LD�,kD 1 i W ro _ r PROGRAM - Please . MfMBEP Please visit www.lameshaidle.com far additional product information and availability, installation information, warnings and warranties. ® 2007 James Hardie International Finance B.V. All rights reserved. TM, SM, and ® denote trademarks or registered trademarks of James Hardie International Finance B.V. M, 5 a registered trademark of James Hardie International Finance B.V. LEED is a registered trademark of the U.S. Green Building Council 11/07 County of Santa ( ra Office of the County Clerk -Recorder Business Division County Government Center 70 West Hedding Street, E. Wing, I" Floor San Jose, California 95110 (408) 299-5665 For CLERK -RECORDER'S USE ONLY ENVIRONMENTAL DECLARATION POSTED ON SEP 0 2 200 t HROUGH IN THE OFFICE OF THE COUNTY CLERK -RECORDER REGINA ALCOMENDRAS, COUNTY CLERK BY DEPUTY NAME OF LEAD AGENCY: NAME OF. APPLICANT: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. ( ) NOTICE OF PREPARATION 2. ( NOTICE OF EXEMPTION 50.00 COUNTY CLERK FEE REQUIRED 3. NOTICE OF DETERMINATION: FOR CLERK -RECORDER FILE STAMP END_t SEP 0 2 REGINA ALCOMENDRA,) Sanl�Cl�unty .. CLERK -RECORDER FILE N0, E-15037 CA Dept. of Fish and Game Receipt # NEGATIVE DECLARATION PURSUANT TO PUBLIC RESOURCES CODE 21080(C) ( ) 1926.75 REQUIRED ($1876.75 STATE FILING FEE AND $50.00 COUNTY CLERK FEE) ( ) A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE SAME PROJECT IS ATTACHED: 50.00 COUNTY CLERK FEE REQUIRED ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE § 21152 ( ) 2656.75 REQUIRED ($2606.75 STATE FILING FEE AND $50.00 COUNTY CLERK FEE) ( ) A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE SAME PROJECT IS ATTACHED: 50.00 COUNTY CLERK FEE REQUIRED NOTE: "SAME PROJECT MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A "NO EFFECT DETERMINATION" LETTER FROM THE FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. 4. Other: I. . . NO PROJECT SHALL BE OPERA77VE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENTPERMI75 FOR THE PROJECT BE VALID, UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SEC77ON ARE PAID.' rFISH 8 GAME CODE SECTION 711.4(C)(3) GAME CODE SECTION 711.4(C)(3)NOTICE TO BE POSTED FOR ___3_0_ DAYS, l '"� X3 (INCLUDING THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL ENVIRONMENTAL U (INCLUD/NG COPIES) SUBMITTED FOR FILING. DOCUMENTS LISTED ABOVE CHECKS SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK -RECORDER. Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, Ken Yeager, Liz Kniss County Executive: Peter Kutras, Jr. 01-01-2008 ' E-150 37 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Notice of Exemption To: County Clerk -Recorder 70 W. Hedding Street, 15t Floor East Wing—Business Division San Jose, CA 95110 Project Title: ASA -2008-03 Project Location - (be specific): 20800 Homestead Road Project Location - (City): Cupertino Project Location - (County): Santa Clara Description of Project: Architectural and Site approval of a landscape street improvement plan and final details of the Green Building measures according to the conditions of approval as directed by the City Council at their meetingof f July 3, 2007 Name of Public Agency approving project: City of Cupertino Name of Person or Agency carrying out project: Michael Ducote Exempt Status: (check one) Ministerial (Sec. 21080(b)(1); 15268); _ Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); x Categorical Exemption. State type and section number: 15303, 15204(b) _Statutory Exemption. State code number: Reasons why project is exempt: Minor landscaping improvements and installation of mechanical equipment. Lead Agency Contact Person: Gary Chao 7 ' Signature: G: I Planning)ERCT Exempt 12008exemptl asa200803. doc Area code/telephone number (408) 777-3247 Date: August 4, 2008 Title: Senior Planner Design Review Committee December 4, 2008 Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON December 4, 2008 ROLL CALL Committee Members present: Committee Members absent: Staff present: Staff absent: Lisa Giefer, Chairperson Jessica Rose, Commissioner none Elizabeth Pettis Gary Chao None APPROVAL OF MINUTES: November 20, 2008 Minutes of the November 20, 2008 Design Review Committee meeting were approved WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATION: None CONSENT CALENDAR: None PUBLIC HEARING: 1. Application No.(s): ASA -2008-03 Applicant: Mike Ducote (Villa Serra Apts) Location: 20800 Homestead Road Architectural and Site approval for the final details of the Green Building measures according to the conditions of approval as directed by the City Council at their meeting of July 3, 2008 Design Review Committee decision final unless appealed. 2 Design review Committee December 4, 2008 Staff member Pettis explained that at the July meeting, the Design Review Committee approved the streetscape part of the application but requested additional information regarding the power buy back or leasing options for photovoltaic systems. They Committee wanted the systems to have a 10 year or less buyback period. The applicant submitted 2 estimates for photovoltaic systems and a study on power purchase agreements. He also submitted a study for a solar system for the pool. These documents address the condition of approval imposed by the City Council stipulating a photovoltaic system be considered to use for power generation the recreation room and leasing office. The requirement of a solar system to heat the pool is a separate requirement from the photovoltaic systems. Unfortunately, the estimates the applicant submitted show that the power buyback for the photovoltaic systems would be between 16 and 18 years. In light of these estimates, the applicant has requested that they not be required to install a photovoltaic system. Staff supports this request, however, the installation of a solar system to use to heat the pool is still required. The applicant, Mike Ducote, addressed the Committee. He stated that they had hoped to be able to install a photovoltaic system at this project and was disappointed to find out the buyback period was so long. He was not aware that there was a separate requirement for a solar stem to heat the pool. His understanding was the project was only required to install a solar energy system as long as the buyback period met the time line. He then re -read the conditions of approval from the City Council meeting. Chairperson Giefer told the applicant that a solar heating system for a pool has always been a requirement of the Planning Commission. This condition would've carried through to the Council and been incorporated into their decision. If he wanted a review of the solar condition, he would need to take the application back to the City Council for another hearing. The applicant said that he did want clarification on Item #29 of the Council's conditions of approval. He feel that the intent of the condition is a requirement to only install solar systems if they can meet the 10 buyback time period. Staff member Chao said that he would get clarification if the applicant needed to be heard again at both the Planning Commission and City Council or can just be re -hear at City Council. Chairperson Giefer moved the discussion forward with the understanding that they would only be discussing the photovoltaic system requirement. She thanked the applicant for providing 2 estimates. She did ask for clarification as to why they chose the vendors they did for the estimates. One of the companies who gave an estimate has a very expensive product that does not provide a great return on the investment. The applicant stated that he was not aware of the particulars of the systems or very familiar with the vendors. Chairperson Giefer asked why the owners of the property would not be able to take advantage of the Federal tax credits. He stated that the financial situation of the owners does not allow for any additional tax write-offs. There was a discussion about calculating the State of California's rebates into the estimates. Commissioner Rose asked if they would like to re -consider their decision to go back to hearing for clarification on the requirement of the solar system for heating the pool. The applicant said that they will contact other owners in the City who had to install solar heating systems for their pools to see how they managed the cost of installation. W Design iceview Committee December 4, 2008 Commissioner Rose moved to approve the request to amend the conditions of approval of the application to remove the requirement to install a photovoltaic system to provide power for the recreation room and leasing office since it would not meet the 10 year or less buyback condition. This motion does not remove the requirement to install a passive solar system to heat the pool. MOTION: Commissioner Rose moved to approve ASA -2008-03 SECOND: Chairperson Giefer ABSENT: none ABSTAIN: none VOTE: 2-0 OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: /s Beth Ebben Beth Ebben Administrative Clerk gplannin&DRC CommitteelMinutes120408 Design Review Committee July 17, 2008 Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON July 17, 2008 ROLL CALL Committee Members present: Committee Members absent: Staff present: Staff absent: Lisa Giefer, Chairperson Jessica Rose, Commissioner none Elizabeth Pettis Leslie Gross Gary Chao None APPROVAL OF MINUTES: July 3, 2008 Minutes of the July 3, 2008 Design Review Committee meeting were approved WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: 2. ASA -2008-04, Brian Replinger, Homestead & Wolfe Rd (Villa Serra Apts) Request postponement to the August 7, 2008 meeting was approved ORAL COMMUNICATION: A resident, Jennifer Griffin, stated her concern regarding the upcoming proposed changes to the R1 Ordinance. She and her neighbors feel that the look of their neighborhood is in danger if changes are made to this Ordinance. CONSENT CALENDAR: None PUBLIC HEARING: Application No.(s): ASA -2008-03 Applicant: Mike Ducote Location: 20800 Homestead Rd (Villa Serra Apts) Architectural and Site approval of a landscape tree improvement plans and final details of the Green Building measures according to the conditions of approval as directed by the City Council at their meeting of July 3, 2007 Design Review Committee decision final unless appealed. 2 Design Review Committee July 17, 2008 This application is being heard by the Committee to finalize the landscaping and Green Building aspects of their approved development project as conditioned by the City Council. Staff member Pettis went over the applicant's proposed tree plantings, streetscape plan and "green building" solutions. Staff supports the application and approves of the tree options and the "green building" measures the applicant has suggested. Commissioner Rose asked for clarification on the solar requirement. It was explained that the Planning Commission added the condition to the development approval to install a system that had a 10 -year cost payback. Chairperson Giefer asked about planting native specie trees. The applicant stated that he is willing to plant whatever plant type will work best for the Planning, Public Works and their site. Commissioner Rose asked about the alternatives to a solar system. The applicant explained that their consultant had done a study and determined that a photovoltaic system would not be fiscally reasonable (with a cost buy back of 18 years), so they are proposing to install a recycled metal roof, will be using recycled and low emission paints, high efficiency water heaters, Energy Star appliances and low flow plumbing fixtures. Chairperson Giefer asked about the study methodology. The applicant said he was not familiar with all the other system options and the particulars of the study. He would be willing to get more information, but hat the study showed the company would not qualify for the Federal tax credits nor would leasing their meters and having the leasing company pass the cost savings back due to the specific meter types they were required to have by PG & E. The company is in favor of solar systems and has installed them at some of their other properties. They would like to be able to install a system at Villa Serra if feasible. Chairperson Giefer offered suggestions for tree planting. Since they are being asked to plant native trees in the park area, she would like to see more native specie trees planted around the perimeter to provide continuity. Commissioner Rose was disappointed by the lack of a solar system. She would like the applicant to obtain additional information in order to find a way that will make the installation of such a system work for the project. She motioned to approve the project with Staff's recommendations and the additional conditions to plant a Madrone tree instead of a Magnolia, a California Buckeye instead of a London Plane and to have a review of the solar options back to the Committee at the first meeting of October for final approval on that aspect of the project (in time to incorporate a new photovoltaic system into the building plans if deemed feasible). MOTION: Commissioner Rose moved to approve ASA -2008-03 with the above mentioned conditions SECOND: Chairperson Giefer ABSENT: none ABSTAIN: none VOTE: 2-0 3. Application No. (s): EXC-2008-13 Applicant: Breanna Chamberlin Location: 21124 Greenleaf Drive Residential Design Exception for a portion of a 910 square foot single story addition to encroach into the required front yard setback Design Review Committee decision final unless appealed. 3 Design Review Committee July 17, 2008 Staff member Pettis explained that the applicant is requesting the exception due to the triangular shape of the lot. A portion of the proposed addition would encroach into the front yard setback. The setback is currently 13 feet. The addition would reduce a portion of the setback to 11 feet. The overall FAR of the site would be 36%, which is well under the allowed 45% FAR. Staff supports the application. Commissioner Rose asked for clarification on what the proposed setbacks would be for the addition. Staff member Pettis stated that is would be 11-12 feet from the property line. The applicant clarified that the property line is setback from the curb already by 13 feet. He further added that all of the neighboring homes are much larger than what he is proposing. He brought several pictures to demonstrate this visually for the Committee members. He also had statements from four of his neighbors in support of the project. Chairperson Giefer asked if a sidewalk dedication would be required with this new construction. Staff member Pettis said she hadn't checked with Public Works on that requirement. Staff member Chao said that the Public Works department will require a sidewalk and a new driveway entrance. It does not need to be added to the Design Review Committee resolution, as this is a public works requirement, they will ensure that this condition is met or mitigated. Commissioner Rose agreed that the lot was a challenging one and could understand why that applicant needed more floor space. MOTION: Commissioner Rose moved to approve EXC-2008-13 SECOND: Chairperson Giefer ABSENT: none ABSTAIN: none VOTE: 2-0 4. Application No. (s): DIR-2008-13 Applicant: Jay Swartz (Luo residence) Location: 11535 Murano Court Director's referral to the Design Review Committee for approval of a 200 square foot sunroom addition to the south side of an existing single family residence Design Review Committee decision final unless appealed. Staff member Gross explained that the applicant is proposing to enclose a 200' sunroom. The sunroom will be 10' from the rear property line. In 2003, the City Council approved a development application for 55 homes to be built. During the development application process, the developer modified three lots' setbacks (increased) to 20' feet to accommodate privacy concerns from the existing surrounding neighbors. The enclosure will be constructed to be of the same building materials as the house. The homeowners association has reviewed the application. The Director has referred the application to the Committee due to the volume of concerns expressed about the project by the neighbors. There is a large Oak tree on the site, which will be preserved. Neighbors are concerned about the 10' setback exception. Staff supports the application since there is sufficient privacy screening in place as well as tall fencing. Commissioner Rose asked for clarification about how sunrooms are classified and confirmed that the three lots had 20' setbacks as part of the original development approval. Chairperson Giefer wanted to know if there had been any other Director approvals in Planned Development areas. Staff member Gross stated that sunroom addition were classified just like any other addition and that the original approval called for these three lots to have 20' setbacks to mitigate privacy concerns for the existing neighbors. Other sunrooms have been approved in Planned Developments, however, the difference is that in the other areas additions can be done 4 Design Review Committee July 17, 2008 at any of the lots. They do not have the 20' setback constraint. The sunroom installation company, Four Seasons Sunrooms, explained that the sunroom addition will have a solid roof, tinted windows and offer soundproofing. The highest wall height is 8'4", so neighbors will not be able to see into the sunroom since the property line fence is 8' high. Three neighbors spoke against the addition claiming negative privacy impacts, the houses are already too close together and that if the development was approved with 20' setbacks, then the City has an obligation to uphold the 20' requirement. Another resident shared this sentiment. The property owner, Mr. Luo, addressed the comments made by his neighbors. He felt that privacy was not an issue with the addition. He has a tall fence and his living area is already smaller than other homes on Murano Court. Chairperson Giefer said she would not support approval of the application. The intent of the 20' setback should be honored to protect the privacy of the surrounding neighbors. The development agreement called for 20' setbacks and the City should uphold that requirement. Commissioner Rose agreed with Chairperson Giefer. She felt that this addition would not have an impact on neighboring privacy, but that the original development was approved with 20' setbacks on these lots. For this reason, she also did not support approval of the application. MOTION: Commissioner Rose moved to deny DIR-2008-13 SECOND: Chairperson Giefer ABSENT: none ABSTAIN: none VOTE: 2-0 OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: /s/ Beth Ebben Beth Ebben Administrative Clerk gplanning/DRC CommitteelMinutes071308 CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3212 • FAX (408) 777-3366 Date: August 5, 2008 Applicant: Mike Ducote Project: Villa Serra-Streetscape Plan Address: 20800 Homestead Road Memo To The File: This is in reference to one of the Villa Serra applications (ASA -2008-03) for a Streetscape Plan along Homestead Rd. and Stelling Rd. One of the conditions from the approval of the 116 additional units, a public park, etc. (ASA -2007-03) was to have the final streetscape plan be reviewed and approved by the Design Review Committee (DRC). Specifically, the condition stated that a "double row of high canopy trees (such as American Ash and London Plane trees).." be planted. Staff recommended planting a double row of London Plane trees. On July 17 2008, the DRC approved the proposed streetscape plan with the following modifications: 1. Substitute the London Plane tree with CA Buckeye (Aesculus californica) 2. Substitute the Magnolia `Russet' tree with the Madrone tree (Arbutus menziesii) Planning staff consulted with the City arborist, David Babby, about this modification. David Babby and the landscape architects working for the applicants of Villa Serra, felt that the CA Buckeye and madrone trees were not suitable as frontage trees. Several other species of trees were discussed and considered for this site. The final determination was to use the Live Oak tree (Quercus agrifolia) as the frontage tree along Homestead and Stelling Roads. In addition, the Strawberry tree (Arbutus marina) will be used in place of the madrone tree. This is reflected in a modified resolution (ASA -2008-03)(b), which was modified on this day (8-5-2008). All parties have been consulted and agree to this modification of the approved streetscape plan to include members of the DRC and the Director of Community Development. 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 Exhibit A Villa Serra Apartments Proposed Green Building Practices 6.19.07 1. Provide public amenities such as open space. Amenities to include swimming pool, spas, outdoor kitchen, picnic areas, barbeque areas, public park, clubhouse, fitness facility, theater room. 2. Design for easy pedestrian, bicycle, and transit access. 3. Limit site impacts, preserve existing vegetation and protect soil during construction. 4. Use native plants that are drought -resistant, create habitat for indigenous species, and do not require pesticides for maintenance pursuant to the City of Cupertino's landscape requirements. 5. Maximize onsite stormwater management through landscaping. 6. Install high -efficiency irrigation systems. 7. Provide adequate space for storing and handling recyclables pursuant to the City of Cupertino's environmental requirements provided by Lavenia Melar. 8. Use spacings, sizes, and modular dimensions that minimize lumber use and optimize performance. This will be coordinated with the project architect and framer to ensure that lumber waste is minimized. 9. Use oriented strand board (OSB). 10. Use durable roofing materials. Similar to the "Certainteed Landmark 30 year" dimensional comp which was recently installed on the existing buildings and carports. 11. Use sustainable siding materials such as Hardi Board lap siding and plaster. 12. Provide shading on east, west and south windows with overhangs, awnings, or deciduous trees. 13. Plan windows and skylights, light shelves, and window treatments to provide daylight that improves indoor environments. 14. Choose windows, frame materials, and glass coatings to improve energy performance consistent with applicable Title 24 requirements. 15. Stop air leakage at doors and windows. 16. Reduce pollution entering home from garage by properly sealing the entrance to the home from the garage. 17. Use water conserving plumbing fixtures such as low flow toilets, shower heads and faucets. 18. Insulate hot water pipes. 19. Design lighting levels for actual use, and use task lighting to reduce general lighting levels. Specifically the use of under cabinet task lighting in the kitchens. 20. Use energy-efficient lamps and lighting fixtures in kitchens and bathrooms pursuant to applicable Title 24 requirements. 21. Use lighting controls that save energy such as timers or occupancy sensors at the leasing office, clubhouse, theater room, fitness facility and common area P; restrooms. i` APPROVAL A'SA—c2CO13 '0 Application Number DRC 1-/-7 SlonaturQ — — a ;;ase iv'ianager 22. Use Energy Star appliances for microwaves, ranges, dishwashers and refrigerators. 23. Use high -efficiency equipment including fan coil units, hot water heaters and condensers. 24. Place ductwork within conditioned space, seal joints properly, and clean before occupancy. 25. Use hydronic systems for increased efficiency, health, and comfort. 26. Use recycled -content, formaldehyde -free fiberglass insulation, cellulose insulation, or other green insulation products. 27. Thermal mass walls: 5/8 inch Drywall on all interior walls or walls that weigh more than 401b/cu.ft. 28. Use clean and efficient alternatives to wood -burning fireplaces such as gas fireplaces. 29. Use solar systems at common areas for swimming pool, and to provide part or all power to the leasing office, clubhouse, theater room and fitness facility. 30. Use low- or no VOC, formaldehyde -free paints, stains and adhesives. 31. Use recycled content aggregate. 32. Incorporate Green Building details in blueprints to maximize efficiency and adherence. 33. Develop manual of Green featuresibenefits to be provided to renters. I'.: ..•... - � m rtw'4',x+nfn�nY.1�9. ^Y:KTW3w'+.Ti#W��l "' .. _...�. � .... moi' {{ 19 APPROVAL _ —Aoof3 -03 Application Number r ®RC Date Signature Case Ria ger .:'.:"+Sip.'"�:[c.`:,:i.'N�+%•�rvc,vs.�.y..,.w.-nun_.:K.wac_w,•cac,.:�v.,�.n:x1?:..':::;:".;,r:;;:: �3X" (� PROMETHEUS EXHIBIT B June 13, 2008 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Villa Serra DRC Submittal/Photovoltaic System Attn: Gary Chao To Whom It May Concern: Pursuant to the "Green Building Requirements" in the Conditions of Approval for the Villa Serra Apartments project we are submitting to the Design Review Committee our decision to not provide a photovoltaic system at the recreation/leasing office. Section c of the Conditions of Approval (under "Green Building Requirements") indicate that 100% of the electrical load for the recreation/leasing office must be sourced from a photovoltaic system with the provision that the cost of the system be recouped within a 10 year period. Attached is a solar power analysis prepared for Villa Serra breaking out the cost of the system (including all applicable rebates, credits, etc.) which shows an 18 year payback. I will note that Villa Serra is unable to benefit from any tax credits in relation to the installation of the photovoltaic system. Consistent with our business philosophy we have decided to not move forward with installing a photovoltaic system at the recreation/leasing office. If you have any further questions please feel free to contact me at 650.931.3457. PcaeellyDucote Senior Development Manager >., i. ... .. ',:�h.�.Yii"....,... ".MAY. i>'wVt,•,.rttl( *(ih. ., 7 s; APPROVAL Application Number DRC Signature Case kianager 1900 S. Norfolk Street, Suite 150 1 San Mateo, California 94403 T 650.931.3400 1 F 650.931.3600 www.prometheusreg.com Year 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 System Costs -$174,643 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 SOLAR POWER ANALYSIS - Villa Serra Rebate *** after tax $21,466 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Estimated **** After Tax Reduced Utility Bill $0 $3,767 $3,993 $4,233 $4,487 $4,756 $5,042 $5,344 $5,665 $6,005 $6,365 $6,747 $7,152 $7,581 $8,036 $8,518 $9,029 $9,571 $10,145 $10,753 $11,399 $12,083 $12,808 $13,576 $14,391 $15,254 $16,169 $17,139 $18,168 $19,258 $20,413 After Tax Tax Credits $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTALS -$174,643 $21,466 $297,844 $0 Depreciation Maintenance Savings Costs $0 $0 $10,722 $0 $17,156 $0 $10,293 $0 $6,165 $0 $6,165 $0 $3,109 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 -$20,000 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 $467 $0 After Tax Annual Cash Flow -$153,177 $14,490 $21,149 $14,527 $10,652 $10,922 $8,151 $5,344 $5,665 $6,005 $6,365 $6,747 $7,152 $7,581 $8,036 -$11,482 $9,495 $10,037 $10,611 $11,220 $11,865 $12,549 $13,274 $14,043 $14,857 $15,721 $16,636 $17,606 $18,634 $19,724 $20,880 $60,612 -$20,000 $185,279 After Tax After Tax Assumes Annual Cumulative Net Present Utility Rate Cash Flow Value * Increase = -$153,177 -$138,687 -$117,538 -$103,011 -$92,359 -$81,437 -$73,286 -$67,942 -$62,277 -$56,273 -$49,908 -$43,161 -$36,009 -$28,428 -$20,393 -$31,875 -$22,380 -$12,343 -$1,731 $9,489 $21,354 $33,904 $47,178 $61,220 $76,078 $91,798 $108,434 $126,040 $144,674 $164,399 $185,279 ($40,334) 6.00% ($16,529) 10.00% i CD E6 z, c 0 m C,; G) _ a V k s 0- -Q_Q a- < C3 U) 4%s- ...�-..... ......- _.. .. .....,,,,moi. r ASSUMPTIONS: Estimated Federal Tax Bracket 28.0% Estimated State Tax Bracket 7.0% Total 35.0% Assumes Annual Utility Bill Increases 6.0% Sale Price of Tax Credits (% of total credits) 0% 'Discount Rate 9.00% Depreciation Savings Year One 20.00% - MACRS Year Two 32.00% Year Three 19.20% Year Four 11.50% Year Five 11.50% Year Six 5.80% 100.00% "* Rebate - Assumes that rebate received is not taxed as it is a reduction to our capitalized construction costs Assumes 15% of common meter electric utility costs are saved via solar panels - roughly $8,634 savings year one (pre-tax). Future Maintenance Costs - rinse panels twice/yr (on-site maintence staff), Year 15 assume $2,000 per inverter , 10 inverters replaced 3 Conerste Sd.—Ik to he Rp-.d. Typ. ....... ... _. _. S r uow,a� ROMkp A. T».- 1\ s -XM ea :..._ Y.hu - �M Parvo. Tyv. 4 2-Uitl NOB 4 -,AM { _.. uNn z n u C—t. cpm, s« Pa --'— En;—', D—W, Typ. vl' i n Homestead Road Frontage - West D r+ _r N r -f N Cgenb SlOnak to W ftplawd, Typ, ... t�-PN ................ ....... ....... ...........__. 4 BB.. ztA ....�,.a. Y —�`lOM ESTE, r --(E) T— (/755. 755•) t. Rw-M I tt 1 s / 9N z3SR��cm ,t as a��N n xx 390 N � y�cr Design Review Committee July 17, 2008 Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON July 17, 2008 ROLL CALL Committee Members present: Committee Members absent: Staff present: Staff absent: Lisa Giefer, Chairperson Jessica Rose, Commissioner none Elizabeth Pettis Leslie Gross Gary Chao None APPROVAL OF MINUTES: July 3, 2008 Minutes of the July 3, 2008 Design Review Committee meeting were approved WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: 2. ASA -2008-04, Brian Replinger, Homestead & Wolfe Rd (Villa Serra Apts) Request postponement to the August 7, 2008 meeting was approved ORAL COMMUNICATION: A resident, Jennifer Griffin, stated her concern regarding the upcoming proposed changes to the R1 Ordinance. She and her neighbors feel that the look of their neighborhood is in danger if changes are made to this Ordinance. CONSENT CALENDAR: None PUBLIC HEARING: 1. Application No.(s): ASA -2008-03 Applicant: Mike Ducote Location: 20800 Homestead Rd (Villa Serra Apts) Architectural and Site approval of a landscape tree improvement plans and final details of the Green Building measures according to the conditions of approval as directed by the City Council at their meeting of July 3, 2007 Design Review Committee decision final unless appealed. 2 Design Review Committee July 17, 2008 This application is being heard by the Committee to finalize the landscaping and Green Building aspects of their approved development project as conditioned by the City Council. Staff member Pettis went over the applicant's proposed tree plantings, streetscape plan and "green building" solutions. Staff supports the application and approves of the tree options and the "green building" measures the applicant has suggested. Commissioner Rose asked for clarification on the solar requirement. It was explained that the Planning Commission added the condition to the development approval to install a system that had a 10 -year cost payback. Chairperson Giefer asked about planting native specie trees. The applicant stated that he is willing to plant whatever plant type will work best for the Planning, Public Works and their site. Commissioner Rose asked about the alternatives to a solar system. The applicant explained that their consultant had done a study and determined that a photovoltaic system would not be fiscally reasonable (with a cost buy back of 18 years), so they are proposing to install a recycled metal roof, will be using recycled and low emission paints, high efficiency water heaters, Energy Star appliances and low flow plumbing fixtures. Chairperson Giefer asked about the study methodology. The applicant said he was not familiar with all the other system options and the particulars of the study. He would be willing to get more information, but hat the study showed the company would not qualify for the Federal tax credits nor would leasing their meters and having the leasing company pass the cost savings back due to the specific meter types they were required to have by PG & E. The company is in favor of solar systems and has installed them at some of their other properties. They would like to be able to install a system at Villa Serra if feasible. Chairperson Giefer offered suggestions for tree planting. Since they are being asked to plant native trees in the park area, she would like to see more native specie trees planted around the perimeter to provide continuity. Commissioner Rose was disappointed by the lack of a solar system. She would like the applicant to obtain additional information in order to find a way that will make the installation of such a system work for the project. She motioned to approve the project with Staff's recommendations and the additional conditions to plant a Madrone tree instead of a Magnolia, a California Buckeye instead of a London Plane and to have a review of the solar options back to the Committee at the first meeting of October for final approval on that aspect of the project (in time to incorporate a new photovoltaic system into the building plans if deemed feasible). MOTION: Commissioner Rose moved to approve ASA -2008-03 with the above mentioned conditions SECOND: Chairperson Giefer ABSENT: none ABSTAIN: none VOTE: 2-0 lication No.(s): EXC-2008-13 App i Breanna Chamber Location: 1124 Greenleaf.& Residential Des' xception for a portion 10 square foot single story addition to encroach .4wft e required front yard setback Design Review Committee decision final unless appealed.