DIR-2016-37 Action Letter.pdf CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu,Assistant Director of Community Development��
Prepared by: Haleigh King, Assistant Planner �
Date: May 5, 2017
Subject: Director's Minor Modification,DIR-2016-37, to allow an accessory structure,new landscaping
and hardscape to the rear yard of an existing two-story single-family home in a Planned
Residential District(Oak Valley) located at 10460 Serra Street.
Chapter 19164 of the Cupertino Municipal Code allows for administrative approval of
minor changes in a project. The Director reports their decision to the City Council and
Plaruling Commission in time to allow an appeal of the decision within fourteen calendar
days.
DISCUSSION
The applicant, Edmundo Loayza of Loayza's Landscaping Pools and Spas, Inc, and representing
property owner Timothy Stevens is requesting to make rear yard landscaping enhancements and
addition of a detached accessory structure at an existing single-family residence at 10460 Serra Street.
The subject property is located in the Oak Valley Planned Development District, and any significant
exterior changes require approval by the Director of Community Development.
The proposed enhancements include:
• Addition of detached gazebo to rear yard
• New flagstone wallcways
• Installation of dry rock creek with footbridge
• Native plantings in the rear yard
The proposed enhancements are consistent with the Oak Valley Design Guidelines which encourages
rear yard landscaping to harmonize with the surround'ulg natural beauty within the community and
blend with the homesites and architecture style in material selection and design. In addition, exterior
lighting shall not infrutge upon adjacent neighbors and utilize low voltage and non-glare fixtures to
mitigate any spillover, consistent with the proposal and the Oak Valley Design Guidelines.
No comments were received from neighboring property owners during the two week comment period.
No adverse impacts on surrounding neighbors are expected with the proposed enhancements.
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10460 Serra Street Page 2
ACTION
The Director of Community Development deems the modification minor and approves the project with
the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits entitled: "New Gazebo and New Partial of Backyard Landscaping for
Tunothy and Leigh Stevens' prepared by Loayza's Landscaping Pools and Spas, Inc., dated March
21, 2017, and consisting of ten(10) sheets labeled L-C, L-Q L-1, L-1E, L-2, 52.0, 53.0, L-3, L-4, L-T
except as may be amended by the conditions contained in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
3. COMPLIANCE WITH OAK VALLEY USE PERMIT CONDITIONS
The project shall comply with all applicable conditions of Oak Valley Use Permit no. U-1997-06.
4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building permits
prior to commencement of work.
5. CONSULTATION WITH OTHER DEPARTMENTS
'The applicant is responsible to consult with other deparrinents and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
6. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its
City Council, and its officers, employees and agents (collectively, the "indemnified parties') from
and against any claim, action, ar proceeding brought by a third party against one or more of
the indemnified parties or one or more of the indemnified parties and the applicant to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the project, including
(wiflzout limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of
the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt
of invoices from City. Such attomeys' fees and costs shall include amounts paid to counsel not
otherwise employed as City staff and shall include City Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.
7. NOTICE OF FEES DEDICATIONS. RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set 'forth hereul 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 stateinent of the amount of such fees, and
a description of the dedications, reservations, and other exactions. You are hereby further notified
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10460 Serra Street Page 3
that the 90-day approval period in which you may protest these fees, dedications, reservations, and
other exactions,pursuant to Governxnent 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.
This approval of the modification is effective May 5, 2017. The fourteen calendar day appeal period will
expire on May 19, 2017.
Enclosure:
Plan set
CQ Edmundo Loayza,2096 Stone Avenue,San Jose,CA 95125
Timothy Stevens,10460 Serra Street,Cupertino,CA 95014