DRC Reso 276 ASA-2008-03
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 s a e reviewe an approve prior to issuance o a ui ing 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
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Stev iase i, Director Lis � 'e er, C air
Community Development Department Design Review Com '�tee