DRC Reso 288 ASA-2009-06,TR-2009-19
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 288
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE REVIEW FOR EXTERIOR BUILDING
MODIFICATIONS AND LANDSCAPE IMPROVEMENTS, INCLUDING APPROVING A TREE
REMOVAL OF 12 TREES AT AN EXISTING OFFICE BUILDING LOCATED IN A PLANNED
INDUSTRIAL ZONE.
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2009-06 and TR-2009-19
Applicant: Gary Murakami (Panattoni Development)
Location: 18920 and 18922 Forge Drive
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Corrunittee 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. Design harmony between new and existing buildings is protected through the use of
consistent or compatible design and color schemes;
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the design review application is hereby approved subject to the condition which is enumerated
in this Resolution beginning on page 2 thereof;and
That the sub conclusioris upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application U-2009-05, ASA-2009-05 set
forth in the Minutes of the Design Review Committee meeting of September 17, 2009, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted plan set titled, "Forge Drive Exterior Improvements Planning
Entitlements, 18920 & 18922 Forge Drive, Cupertino, CA" consisting of 13 pages, dated June 26,
2009 and July 7, 2009, except as may be amended by conditions in this resolution.
Resolution No. 288 ASA-2009-06 and TR-2009-19 November 19, 2009
Page 2
2. TREE REPLACEMENTS
The tree replacement plan shall be revised to be consistent with the tree replacement standards set
forth in the City's Tree Ordinance. The replacement plan shall show 13 replacement trees (36-inch
box size). The final landscaping plan shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits. Any future modifications to the
approved landscaping plan must be approved by the Director of Community Development.
3. IN-LIEU TREE REPLACEMENT FEE
In the event a replacement tree cannot be planted on the property as determined by the Director
of Community Development, the applicant will be required to pay an in-lieu tree replacement fee
based upon the purchase and installation cost of the replacement tree(s) in compliance with the
City's Protected Trees ordinance.
4. TREE PROTECTION
The applicant shall incorporate the tree protection measures and design guidelines as stated in the
Arborist Report, dated October 20, 2009.
5. 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 19th day of November 2009, at a Regular Meeting of the Design Review
Cominittee of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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G Paul Brophy, irper o
i Planner Design Review o tt