DRC Reso 255 ASA-2006-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 255
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR BUILDING C OF THE
MARKETPLACE SHOPPING CENTER
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2006-14
Applicant: Wayne Okubo (Evershine)
Location: 19770 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the City Council has directed the Design Review Committee to review and
approve the final architectural and site design of Building C and landscape plans for the
Marketplace shopping center in accordance with the conditions of approval for ASA-2005-06
approved by the City Council on February 7, 2006; and
WHEREAS, the Design Review Committee has reviewed the architectural and site design for
Building C and landscape plans.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Design Review Committee approves the architectural and site
approval and landscape plan, file no. ASA-2006-14, subject to the conditions which are
enumerated in this Resolution; 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-2006-14
set forth in the Minutes of the Design Review Committee meeting of, April 19, 2007, 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 the plan set titled: "Marketplace Shopping Center," dated revised
April 9, 2007 consisting of 14 pages, except as may be amended by conditions in this
resolution.
2. COLOR SCHEME
The color scheme for Building C shall match the color scheme presented on the material
sheet labeled as page 10 of the plan set dated revised April 9, 2007.
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3. USE LIMITATION
The ground floor of Building C shall be occupied solely by retail uses. The second floor
may be occupied by office uses, but the total amount of office square footage on site shall
be limited to twenty-five percent (25%) of the shopping center's gross square footage.
4. OUTDOOR SEATING
Any outdoor seating areas proposed for Building C shall be reviewed and approved by
the Director of Community Development, provided adequate parking is provided to
accommodate outdoor seating use. Prior to approval of outdoor seating, the applicant
shall demonstrate that adequate parking is provided for the outdoor seating use and
provide a table and seating layout plan indicating the number and location of tables and
seats to be accommodated in the outdoor seating area and furniture design and type
(including seating, tables, outdoor lighting, etc.) to be reviewed and approved by the
Director of Community Development.
5. TRASH ENCLOSURE
The final trash enclosure design shall be reviewed and approved by the Public Works
Department prior to issuance of building permits.
6. CONSTRUCTION PHASING
The applicant shall prepare a construction phasing schedule, demonstrating completion
of the planned Building C within two (2) years of this approval. The construction
phasing schedule shall detail critical milestones of the construction and shall provide
monetary penalties. If the building construction phasing does not comply with the
stated milestone dates,.the applicant shall post a cash deposit in the amount of $200,000
naming the City as beneficiary. If the critical construction phasing is not completed in
accordance with the construction schedule, the City at its own discretion will assess a
penalty that shall be deducted from the deposit. The applicant shall agree to this
condition in writing prior to issuance of building permits.
7. LANDSCAPE PLAN
The final landscape plan is approved based upon the approved plan set with the
additional requirement that the Brisbane Box trees be minimum 24-inch box trees at the
time of planting. The approved final landscape plan shall also include sheet L1 that was
submitted during the DRC meeting of April 19, 2007, titled "Planting Plan" for the
Marketplace Shopping Center for Building C.
10. 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
Resolution No. 255 ASA-2006-14
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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 April 2007, 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 Chien, Wong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Ciddy Worde 1, Cary Chien, C air
City Planner Design Review Committee