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DRC Reso 284 ASA-2008-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 284 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING THE ADDITION OF A NEW CHILLER BUII,DING TO SUPPORT A NEW LAB, SEISMIC UPGRADES TO THE EXISTING BUILDING, A BUILDING FA�ADE CHANGE, TREE REMOVAL AND UPGRADED LANDSCAPING PLAN FOR BUILDING 47 SECTION I: PROTECT DESCRIPTION Application No.: ASA-2008-09 Applicant: Christine Liang (Hewlett Packard) Location: 19111 Pruneridge Ave,Building 47 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 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; 3. The proposed building scale and mass is consistent with the surrounding neighborhood; 4. Design harmony between the proposed building and surrounding buildings is protected through the use of consistent or compatible design and color schemes; 5. The new development is designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks,landscaping,walls and other appropriate design measures. 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 conditions which are enumerated in this Resolution beginning on page 2 thereof;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-2008-09 set forth in the Minutes of the Design Review Committee meeting of November 20, 2008, and are incorporated by reference as though fully set forth herein. Resolution No. 284 ASA-2008-09 November 20, 2008 Page 2 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is based on the design in the plan set entitled " HP Building 47, 19111 Pruneridge Ave, Cupertino, CA" consisting of thirteen sheets stamped "November 13, 2008", as amended by this resolution. 2. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $15,000 to ensure protection of six transplanted trees on the site prior to issuance of grading, demolition or building permits. The bond shall be returned one year after the date of completion of construction, subject to a letter from an arborist indicating that the trees are in good condition. In the event the transplanted trees do not survive the transplant,they shall be replaced with appropriate trees,the size, type and species of which shall be determined by the Director of Community Development. 3. BUILDING MATERIAL RECYCLING The applicant shall show proof that all of the existing building materials are recycled to the maximum extent possible. Proof of recycling shall be submitted to the City for review and approval prior to final occupancy. 4. TREE PROTECTION The tree protection plan outlined by the arborist in his report dated July 16+�, 2008, shall be incorporated in the construction plans and shall be adhered to. 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 Governxnent 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 20th day of November 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: APPROVED: � . �. Chao i a Giefe air ` City Planner es�gn e ew Co ' ee