DIR-2004-02b
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council members
Chairman and Planning Commissioners
From:
Steve Piasecki, Director of C9"rwn, '1 unity
Peter Gilli, Senior Planner !':',;;~
Date:
March 9, 2004
Subject:
Director's Minor Modification DIR-2004-02 to modify the landscape plan for an approved Use
Permit, file no. U-1993-09 to reduce the size of two decorative ponds due to inadequate
filtration at the entrance to the Seven Springs community.
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 an appeal of the decision within fourteen calendar
days.
DISCUSSION:
The Seven Springs homeowners association requests a modification to their approved landscape plan to
convert sections of two ponds at the main entrance of the community to turf. The basis for this change is
the poor water circulation and filtration in these ponds (refer to letter from association dated January 30,
2004 and Aerial Map)
ACTION:
The Director approves the modification. Adjacent neighbors will be notified of this action. The
approval is subject to a 14-calendar day appeal period which expires on March 23, 2004.
Enclosures:
Letter dated January 30, 2004
Aerial Map
G: \ Planning\ PDREPORT\ Dirrninrnod \ DlR-2004-02.doc
January 30,2004
Seven-Springs Owners Association
21125 Seven Springs Drive
Cupertino, CA 95014
Our Correspondence Address:
C/o Community Management Services
1935 Dry Creek Road
Campbell, Ca 95008
Tel: 408559-1977 Attn: Mike Kay
Fax 408559-1970
Planning Commission
City of Cupertino
Dear Sir/Madam,
The Seven-Springs Owners Association is requesting a permit to make modifications to the
Common Area Landscaping that involves two of the several decorative ponds located near the main
entrance (adjacent to the Seven-Springs fire station). This request is being made on behalf of its
Membership after several years of studying the issues and after a variety of different modifications
and mitigation plans have been investigated.
For your benefit we present here a brief summary of the issues and history sUlTounding the ponds in
question. See the attached map to identify the ponds in question.
Seven-Springs has several decorative ponds as part of its Common Area landscaping. There is a
large central pond, and two smaller ones at the Sterling Road entrance. Some portions of the two
smaller ponds are below grade and are below eye level as viewed from the street (marked "A" and
"B" on the map). These two smaller ponds have been troubled with poor water circulation and a
lack of adequate filtration since their initial construction. Some problems with the ponds include
the following:
. Build-up of sludge and organic material that washes into the ponds from the adjacent
landscaping. This includes lawn fertilizers, which stimulate algae and other underwater
vegetation. Every two or three years we need to drain the ponds and dispose of the
wastewater and sludge.
. Chemical treatments of the water to reduce algae, along with chemical runoff from the
lawns, have in the past made the water so toxic that the water and sludge have to be
treated as hazardous waste, at great cost to the Association.
. Because of very poor water circulation the two smaller ponds have been harboring
insect populations. The Membership is concerned about West Nile virus and wants an
active program to control mosquito growth in the complex.
. As the ponds have no active filtration system, bacteria grow readily at certain times of
year and creates unsightly foaming of the water.
The Board of Directors, on behalf of the Seven-Springs Owners Association, is requesting a permit
to fill in the lower portion of the two smaller ponds ("A" and "B") and cover the area with lawn and
other planting material. Specific plans are attached to this letter. At the 2003 Seven-Springs
Annual Meeting, the Membership voted overwhelmingly to approve the pond retrofit as submitted.
The membership believes the sections at issue are sunk very far below street level and are really not
visible to most passers-by or residents. We also believe this retrofit will conserve water with less
evaporation.
The Association is committed to keeping and maintaining the other ponds in accordance to the
original plan.
The Board will avail itself to answer any questions and concerns you may have regarding this issue.
Please feel free to call me, Albert Lui (510-936-2279), as your primary contacts. You can also
contact Dirk Rohloff (650-968-2733) of Pacific Water Arts for retrofit construction details.
Sincerely,
A~JL
Albert Lui
President, Seven-Springs Owners Association
DIR-2004-02
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.. Pond Area to be
converted to Lawn
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POSTFD ON `I'HROL GH ZOO4
I�1 `I'I�E: OFITCE OP Ti-?E Cl")U`1 f' � i'i E1:I<:-RL:COP�DER City of Cupertino
BIZENDADAVIS, COUNTY CLr�It:: 10300 Torre Avenue
BY � DEPUT�� Cupertino, CA 95014
,�
Notice of Exemption
To: County Clerk-Recorder END�R�ED
70 W. Hedding Street, l Floor
East Wing—Business Division
APR 2 2004
San Jose, CA 95110 BRENDA DAVIS, County Clerk-Recorder
Santa Ciara County
Project Title: DIR-2004-02 By Deputy
Project Location -(be specific): Seven Spxin�s Entrance from Stellin� Road
Project Location -(City):Cupertino �'roject Location -(County): Santa Clara
Description of Project: Director's Minor Modification to a use permit (9-U-93) to reduce the
size of two decorative ponds due to the filtration and to re-landscape
Name of Public Agency approving project: City of Cupertino
Name of Person or Agency carrying out pr��ject: Dirk Rohloff
Exempt Status: (check one)
_ Ministerial (Sec. 21080(b)(1); 152t►8);
_ Declared Emergency (Sec. 21080(��)(3); 15269(a));
_ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type �nd section number: 15304 c
_Statutory Exemption. State code nunber:
Reasons why project is exempt: Fillin� in ponds in landsc�ed area
Lead Agency
Contact Person: Peter Gilli Area code/telephone number (408) 777-3313
p . �;
Signature: Date: March 9, 2004 Title: Senior Planner
g/planning/erc/dir200402