DIR-2018-18.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, Interim Director of Community Development
Prepared by: Jeffrey Tsumura, Assistant Planner
Date: April 11, 2019
Subject: Director's Minor Modification, DIR-2018-18, to allow the construction of a new
120 -square -foot spa at an existing apartment complex located at 10210 North
Foothill Blvd., A.P.N. 326-15-125.
Chapter 19.164 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 14 calendar days.
DISCUSSION
The applicant, Brad Roddick of BDR Pools, representing the property owner, Foothill Investment
Co., is requesting approval for a spa addition at an existing apartment complex located at 10210
N. Foothill Boulevard. The property is zoned Multifamily Residential (R3), and is located within
the Creston-Pharlap neighborhood. The original project, approved via TM -1970-09, allowed the
construction of the apartment complex and associated common areas.
The design and location of the new spa will be located next to, and integrated with, the existing
pool area. The project scope includes the conversion of approximately 850 sq. ft. of minor
landscaping to be removed and replaced with concrete decking to match the existing swimming
pool deck. The existing landscaping is currently mulch and a few shrubs of various species.
However, a separate Retroactive Tree Removal Permit (TR -2019-06) was issued on April 2, 2019
for the unpermitted removal of three Eucalyptus trees that were within the proposed spa area.
The 120 sq. ft. spa also proposes a six-foot tall CMU wall with decorative stone finish to add an
aesthetic element while providing screening and privacy to spa users from the public right of way
along N. Foothill Boulevard. The spa will maintain a distance of approximately 52 feet from the
front property line and is consistent with all other height and setback requirements of Cupertino
Municipal Code (CMC) Chapter 19.100 Accessory Building/Structures. Additionally, a new
wrought iron safety gate will be constructed around the spa to comply with Building Code
regulations and will match the existing pool gate.
The scope of work will not increase the floor area or heights of any existing buildings, and a
change of use is not proposed.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15303: New Construction or
Conversion of Small Structures, and further deems the modification minor and approves the
project with the following conditions of approval:
APPROVED EXHIBITS
Approval is based on exhibits titled "Foothill Heights, 10210 N. Foothill Blvd." prepared by
R. Roddick Pool Construction, consisting of nine sheets, except as may be amended by the
conditions contained in this resolution.
2. 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.
3. ACCURACY OF THE PROTECT 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.
4. 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.
5. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance,
for projects with landscape area 500 square feet or more or elect to submit a Prescriptive
Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area
between 500 square feet and 2,500 square feet. The Landscape Documentation Package or
Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits, and
additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will
be required to be reviewed and approved prior to final inspections.
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
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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.
7. 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 April 11, 2019. The 14 -calendar -day appeal period will expire
on April 25, 2019.
Enclosures:
Attachment A: Plan set
CC: Foothill Investment Co., Attn: Gary Johnson, 125 Willow Road, Menlo Park, CA 94025
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