DIR-2017-05 Action Letter.docxCITY 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: Jeffrey Tsumura, Assistant Planner
Date: July 28, 2017
Subject: Director’s Minor Modification, DIR-2017-05, 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 10470 Serra Street.
Chapter 19.164 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 Planning
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 Jason Miller is requesting to make rear yard landscaping enhancements and addition
of detached accessory structures at an existing single-family residence at 10470 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:
A new swimming pool with automatic cover
Addition of a detached wood arbor to rear yard
Addition of a detached bathroom
Pool equipment with enclosure and cover
Stone firepit
New rocksalt walkways and pool deck
Native plantings in the rear yard
The Oak Valley Design Guidelines encourages rear yard landscaping to harmonize with the surrounding natural beauty within the community and blend with the home sites and architecture
styles in material selection and design. The proposed enhancements are consistent with the design guidelines in that they incorporate natural material finishes (e.g. rock salt and stone)
to improve the usability of the private rear yard. The swimming pool is proportional in size and shape of those found in similar single family lots and is screened by existing landscaping.
Pool equipment is also adequately screened by an enclosure to
minimize visual and acoustical impacts. The ancillary structures (e.g. wood arbor, bathroom) are compatible with the existing architecture of the home and utilize complimentary materials
and colors. Additionally, proposed exterior lighting does not infringe upon adjacent neighbors and utilizes low voltage and non-glare fixtures to mitigate any spillover, which are consistent
with the Oak Valley Design Guidelines. The project proposes no negative public impact to the community in terms of noise, public nuisance, or traffic. The project does not intensify
the existing residential use. The approval of the project will allow the applicant to use and enjoy the subject property in a manner consistent with the surrounding properties and land
uses.
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.
ACTION
The Director of Community Development deems the modification minor and approves the project with the following conditions of approval:
APPROVED EXHIBITS
Approval is based on exhibits entitled: “New Partial of Backyard Landscaping for Jason and Katherine Miller” prepared by Loayza’s Landscaping Pools and Spas, Inc., dated June 21, 2017,
and consisting of twelve (12) sheets labeled L-C, L-T, L-0, L-1, L-1E, L-2BR, L-3AB, L-4LI, L-5ET, E-1, E-2, L-6ES except as may be amended by the conditions contained in this resolution.
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.
COMPLIANCE WITH OAK VALLEY USE PERMIT CONDITIONS
The project shall comply with all applicable conditions of Oak Valley Use Permit no. U-1997-06.
BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building permits prior to commencement of work.
CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments 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.
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, or 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 (without 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 attorneys’ 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.
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.
This approval of the modification is effective July 28, 2017. The 14-calendar-day appeal period will expire on August 11, 2017.
Enclosure:
Plan set
CC: Edmundo Loayza, 2096 Stone Avenue, San Jose, CA 95125
Jason Miller, 10470 Serra Street, Cupertino, CA 95014