DRC Reso 212DIR-2005-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 212
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S MINOR MODIFICATION OF AN EXISTING USE PERMIT
(U-2003-03, WOLF CAMERA) FOR A LANDSCAPING PLAN FOR AN APPROVED MIXED-
USE RETAIL/ RESIDENTIAL PROJECT.
SECTION L- PROTECT DESCRIPTION
Application No.: DIR-2005-03_
Applicant: Tom Sloan
Location: - 1375 S. De Anza Boulevard
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, applicable conditional use permits, variances, subdivision maps or
other entitlements to use that regulate the subject property.
Resolution No. 212 DIR-2005-03 May 20, 2005
Page 2
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 DIR-2005-03 set
forth in the Minutes of the Design Review Committee meeting of, May 20, 2005, 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 a plan set entitled: "Wild Flower Village Condominiums, 1375 S.
De Anza Blvd., Cupertino, CA 95014", dated March 17, 2005 except as maybe amended
by conditions in this resolution.
2. TREE REMOVAL AND PRESERVATION:
® Per the recommendation of the City Arborist, the four existing redwood trees (#11-
14) are not good candidates for transplanting. These trees should be removed:and
be replaced with eight new 24 -inch box swamp myrtles.
® The City Arborist recommends the removal of the five existing Ash Trees (#3-7)
located along the northerly property line. These trees are in poor structural
condition and many are diseased These trees shall be replaced with eight new 24 -
inch box brisbane box.
® The existing Ash Tree (#19) shall be removed as part of this approval.
® Revised landscaping plan and sidewalk plan shall be submitted for review and
approved by the Planning Department prior to final building inspection. The plan
shall indicate the species and locations of the replacement trees to the satisfaction
of the Director of Community Development and to the City Arborist.
® The specific tree protection measured specified by the City Arborist shall be adhere
to as a condition of this project.
® A tree bond in the amount of $10,000 shall be submitted to the Planning
Department to ensure the preservation of Tree #15 (Ash Tree) prior to issuance of
building permits. In addition, prior to issuance of building final occupancy, the
applicant shall obtain a letter from the City Arborist confirming that the tree is in
good health. In the event that the tree must be removed, a field grown
replacement tree shall be planted at the discretion of the Community Development
Director and the City Arborist.
Resolution No. 212 DIR-2005-03 May 20, 2005
Page 3
3. LANDSCAPE MAINTENANCE DISTRICT
The applicant shall sign a written agreement agreeing to join an open space maintenance
district when such a district is formed per the Conceptual Zoning Plan for South
Saratoga Sunnyvale Road Planning Area. Until such a district is formed, the applicant
shall be responsible for maintaining the new parkway and landscaping improvements
within the public right-of-way, in a manner acceptable to the City.
4. 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 20th day of May 2005, 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: Commissioner Giefer and Chairperson Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
P
V✓ U L,.,.E:JG� X. �G' d
Ciddy Worde i _ J7
City Planner
G:\ Planning \ DRC \ res � 2005 \ DIR-2005-03 res.doc
APPROVED:
Marty it er, Chairperson
Design Review Committee