DIR-2018-16.pdfCITY 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: Erika Poveda, Assistant Planner
Date: August 17, 2018
Subject: Director's Minor Modification, DIR-2018-16, to a previously approved Use Permit
(U-1983-09) to allow the construction of an attached accessory structure at an
existing residence in a Planned Development zoning district at 11701 Timber
Spring Court.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports the decision to the
City Council and Planning Commission in time to allow an appeal of the decision
within fourteen calendar days.
BACKGROUND
The applicant and property owner, Jyoti Bhardwaj, is requesting approval to construct an
attached accessory structure at an existing single-family residence at 11701 Timber Spring Court.
The subject property is part of the Seven Springs Planned Development District, a 413 -unit
planned development originally approved by the City in 1983 as part of a planned development
zoning (Z-1980-25), tentative map (TM -1985-03), and use (U-1983-09) permit. Any exterior or site
changes require approval by the Director of Community Development.
The applicant proposes the following:
■ Construction of an attached pergola
No other exterior or site changes are proposed at this time.
DISCUSSION
The applicant received approval from the Seven Springs Home Owners Association for the
proposed project. The project complies with all requirements of the original use permit (U-1983-
09) and the Accessory Buildings/Structures Ordinance, Chapter 19.100 of the Cupertino
Municipal Code. The Accessory Buildings/Structures Ordinance states that attached unenclosed
patio covers, including pergolas, shall have a minimum ten (10) foot rear -yard setback and a
minimum three (3) foot side -yard setback. Per the approved Site Plan (A-0.1), the pergola will be
set back 28 feet, seven (7) inches from the rear property line, eight (8) feet from the north side
property line and eight (8) feet, ten (10) inches from the south side property line. Additionally,
DIR-2018-16
11701 Timber Spring Court Page 2
given that the pergola is neither an enclosed structure, nor a solid projection, the existing floor
area ratio and lot coverage calculations will not be affected.
The project was not subject to a public comment period as the proposed enhancements were
determined by staff to not cause adverse impacts to surrounding neighbors.
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, "Bhardwaj Residence" prepared by Rais Design, LLC.,
consisting of two (2) sheets labeled A-0.1 and A-1.1; except as may be amended by the
conditions contained in this resolution.
2. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
3. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits prior to commencement of work.
4. 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.
5. COMPLIANCE WITH SEVEN SPRINGS USE PERMIT CONDITIONS
The project shall comply with all applicable conditions of the Seven Springs Use Permit no.
U-1983-09
6. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as specifically
amended by this Director's Minor Modification approval.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
DIR-2018-16
11701 Timber Spring Court
8. INDEMNIFICATION
3
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.
9. 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 Director's approval is effective August 17, 2018. The fourteen (14) calendar day appeal
period will expire on August 31, 2018 at 5:00 p.m.
Enclosure:
Plan set