DIR-2008-11b
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners c-J
From: Steve Piasecki, Director of Community Develop~
Prepared by: Colin Jung, Senior Planner
Date: June 18, 2008
Subject: Director's Minor Modification (DIR-2008-11), to relandscape the front of an
apartment complex (Gardens of Fountainbleu) at 10200 Miller Avenue
Chapter 19.132 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision
to the City Council and Planning Commission in time to allow any
Council member or Planning Commissioner to appeal the decision within
fourteen calendar days.
BACKGROUND:
The applicant, Rodney Bergman, is requesting a Director's Minor Modification to allow
the relandscape of the front yard of an apartment complex (Gardens of Fountainbleu) at
10200 Miller Avenue.
DISCUSSION:
The applicant proposes to create a more attractive front entrance to this apartment
complex for motorists and pedestrians. Exhibit A is a photo composite of the existing
front elevation of this apartment complex, depicting the semi-circular asphalt driveway
crossing the existing building entrance. Landscaping consists mainly of turf and juniper
trees with some annual flowers.
The applicant has proposed removing the asphalt driveway and replacing it with
decorative, interlocking pavers to highlight the vehicular area. Accent trees in color
and form are planted at the entrances. A connecting private sidewalk leads from the
public sidewalk, under two arbors before reaching the building entrance. New trees
are part of an expanded landscaped area.
ACTION:
The Community Development Director deems the project minor and hereby approves
the modification based on the Schematic Landscape Plan, Sheet 1, titled "Gardens of
Fontainbleu/ 10200 Miller Avenue/ California CA" and dated 2/22/08, with the
following added conditions of approval.
1. The project sign is not approved with this application.
2. New trees must be 24" box size or larger.
3. Obtain an encroachment permit for the slightly wider driveways.
The modification approval is effective June 18, 2008. The fourteen calendar day
appeal period expires on July 2, 2008.
DIR-2008-11
10200 Miller Avenue
Page 2
Enclosure:
Exhibit A: Photo Composite of Front Elevation of the Gardens of Fountainbleu
Plan Sheet titled: "Gardens of Fontainbleu/ 10200 Miller Avenue/ California CA",
dated 2/22/08 and consisting of one sheet labeled 1.
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41 County of Santa Clara
Office of the County Clerk -Recorder
Business Division
County Government Center
70 West Redding Street, E. Wing, 1St Floor
San Jose, California 95110 (408) 299-5665
ENVIRONMENTAL DECLARATION
For CLERK -RECORDER'S USE ONLY
POSTED ON JUL 21 2008 THROUGFAUG 2 0 2008
IN THE OFFICE OF THE COUNTY CLERK -RECORDER
REGINA ALCOMENDRAS, COUNTY CLERK
BY 13� Nr 0J 2V19(-eu4 ; DEPUTY
NAME OF LEAD AGENCY:
NAME OF, APPLICANT: KrdnPAA 1 17
'j
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
NOTICE OF PREPARATION
2. (►-< NOTICE OF EXEMPTION
50.00 COUNTY CLERK FEE REQUIRED
3. NOTICE OF DETERMINATION:
JUL 212008
RF.GINAALCG1 DRAB Coig Clerk•Rmirder
By�ga�coun . opuugmAy
;Er'i-2n l CLERK -RECORDER FILE NO.
E-1494,5
CA Dept. of Fish and Game Receipt #
NEGATIVE DECLARATION PURSUANT TO PUBLIC RESOURCES CODE 6 21080(C)
369229
( ) 1926.75 REQUIRED ($1876.75 STATE.FILING FEE AND $50.00 COUNTY CLERK FEE)
( ) A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH &
GAME, DOCUMENTING THE DFG'S DETERMINATION THATTME PROJECT WILL HAVE NO EFFECT ON FISH,
WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS
PAYMENT OF THE DFG FILING FEE FOR THE SAME PROJECT IS ATTACHED:
50.00 COUNTY CLERK FEE REQUIRED
ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE G 21152
( ) 2656.75 REQUIRED ($2606.75 STATE FILING FEE AND $50.00 COUNTY CLERK FEE)
( ) A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH &
GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH,
WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS
PAYMENT OF THE DFG FILING FEE FOR THE SAME PROJECT IS ATTACHED:
50.00 COUNTY CLERK FEE REQUIRED
NOTE: "SAME PROJECT MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A -NO EFFECT
DETERMINATION" LETTER FROM THE FISH AND GAME- FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED.
4. Other:
... NO PRO.IECT SHALL BE •OPERA77VE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT SE VALID, UNTIL THE FTUNG
FEES REQUIRED PURSUANT TO THIS swnoN ARE PAID - FISH & GAME CODE SECTION 711.4(C)(3)
NOTICE TO BE POSTED FOR O DAYS.
'THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL ENVIRONMENTAL DOCUMENTS LISTED ABOVE
(INCLUDING COPIES) SUBMITTED FOR FILING.
CHECKS SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK -RECORDER.
Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, Ken Yeager, Liz Kniss
County Executive: Peter Kutras, Jr.
01-01-2008
1640939
I
Notice of Exemption
To: County Clerk -Recorder
70 W. Hedding Street, 1st Floor
East Wing—Business Division
San Jose, CA 95110
Project Title:
F P: I 1 1391
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
E-1494,5
Project Location - (be specific): 10200 Miller Avenue (Gardens at Fountainbleu)
Project Location - (City): Cupertino Project Location - (County): Santa'Clara .
Description of Project: Director's Minor Modification to relandscape the front of the property
at the Gardens of Fountainbleu
Name of Public -Agency approving project: City of Cupertino
Name of Person or Agency carrying out project: Rodney Berman
Exempt Status: (check one)
_ Ministerial (Sec. 21080(b)(1); 15268);
—Declared Emergency (Sec. 21080(b)(3); 15269(a));
—Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type and section number: 15301, Existing Facilites
—Statutory Exemption. State code number:
Reasons why project is exempt: Renovation of landscaping for an existing. apartment
complex.
Lead Agency
Contact Person Coli un ' Area code/telephone number (408) 777-3257
Signature: Date: July 11, 2008 Title: Senior Planner
G:I Planning) ERC) Exemptl2008exempt l dir2008l 1. doc