DRC Reso 279 ASA-2008-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 279
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPLICATION TO
FINALIZE THE ARCHITECTURAL, SITE AND LANDSCAPING PLANS
FOR AN APPROVED USE PERMIT (U-2007-06).
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2008-04
Applicant: Kimco Realty
Location: Homestead and Wolfe Road, Cupertino Village
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-2008-04, 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-2008-04 as set forth in the Minutes of the Design Review Committee Meeting of
August 7, 2008 are incorporated by reference herein.
Resolution No. 279 ASA-2008-04 August 7,2008
Page 2
I II: NDIT I D T M NI
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled "Cupertino Village" dated 7/16/2008 as
introduced to the Design Review Committee on August 7, 2008, except as may be
amended by conditions in this resolution.
2. ADDITIONAL SHADING TREES
The applicant shall work with City staff to add additional shading trees within the
interior courtyard area where feasible. Revised landscaping plan shall be reviewed
and approved by the Director of Community Development prior to issuance of
building permits.
3. FOUNTAIN AND PLAZA ENHANCEMENTS
The applicant shall work with City staff to enhance the existing water fountain
located at the center of the interior courtyard and other areas that lacks landscaping
and sitting appurtenances. Including but not limited to replacing the existing
fountain with a more substantial one and/or redesign the existing plaza areas to
include a more substantial public sitting area with enhanced shading trees, special
paving materials, and outdoor furniture as determined to be appropriate by the
Director of Community Development. The applicant shall also use native, draught
tolerant and seasonal color plantings.
4. PEDESTRIAN CROSSWALK ENHANCEMENTS
The final pedestrian crossing enhancement within the Ranch 99 parking lot shall be
reviewed and approved by the City prior to issuance of building permits. Consider
shifting the proposed crosswalk paving treatments and/or markings closer to the
center of the parking lot.
5. FINAL PLAZA DESIGN
The final plaza details and design shall be approved by the Director of Community
Development prior to final occupancy.
6. WELCOME TO CUPERTINO SIGN
The applicant is required to either replace the existing dilapidated welcome to
Cupertino sign located at the northeast corner of the project to the satisfaction of the
Director of Public Works or provide a sign improvement contribution in the
amount of$10,000 to the City prior to issuance of building permits. The City shall
use the money to plan, design and build an appropriate welcome to Cupertino sign
at the corner of Homestead Road and Wolfe Road.
7. SIDEWALK IMPROVEMENTS
The detached sidewalk enhancements associated with the project along Wolfe Road
and Homestead Road shall be at least six (6) feet in width. In the event if the six (6)
foot walk presents negative impacts on the existing street trees as determined by
Resolution No. 279 ASA-2008-04 August 7,2008
Page 3
t e ity r orist, t e si ewa may e re uce own to ive eet in wi t . T e
final sidewalk enhancement plan shall be reviewed and approved by the City
Arborist as well as the Director of Public Works Department prior to final
occupancy of the project.
8. 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 7th day of August 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
ABSEN C MMISSIONERS: none
ATTES : OVED•
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Steve Piasecki, Director �Li� Gie Cha'
Community Development Department \ I�sign Review Committee