Action Letter DIR-2019-04CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Director of Community Development
Prepared by: Erika Poveda, Assistant Planner
Date: August 14, 2019
Subject: Director's Minor Modification, DIR-2019-04, to allow the construction of detached
accessory structures and rear -yard landscape improvements at an existing
residence in a Planned Development (Oak Valley) located at 21161 Canyon Oak
Way.
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 14 calendar days.
BACKGROUND
The applicant, Steve Grimes, representing the property owners, is requesting to install detached
accessory structures and make rear -yard landscape improvements at an existing single-family
residence at 21161 Canyon Oak Way. The subject property is located in the Oak Valley Planned
Development area. The 178 -unit planned development was originally approved in 1983 as part
of a planned development Use Permit (U-1997-06). Exterior modifications or site changes require
approval by the Director of Community Development.
The applicant proposes the following:
■ Remove nine non -protected trees, 4,250 square feet of existing turf, dead planting, and an
existing shed;
■ Construct an 18" retaining wall, outdoor fireplace, outdoor kitchen, hot tub, and an arbor;
and
Install outdoor lighting, concrete pathways, a 185 -square -foot pond, a 650 -square -foot
putting green, and 1,230 square feet of turf
DISCUSSION
The project complies with the requirements of the original Use Permit (U-1997-06), the Oak Valley
Design Guidelines, as well as the Declarations of Covenants, Conditions, and Restrictions of Oak
Valley. Throughout the Oak Valley planned development, landscape designs are encouraged to
blend with the natural features of the surrounding area and to incorporate drought -tolerant plans
and limited turf areas. As part of the scope of work, the applicant is proposing to reduce the total
rear -yard turf area by approximately 3,000 square feet and retain much of the existing landscape
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21161 Canyon Oak Way Page 2
plantings. The existing Ligustrum Japonicum trees proposed for removal are not identified as
protected development trees per U-1997-06 and can therefore be removed without a Tree
Removal Permit.
The proposed outdoor lighting complies with the Design Guidelines, which require that all
outdoor lighting incorporates low -voltage lighting and glare shields in order to not infringe on
neighboring properties. Additionally, the proposed outdoor fireplace, kitchen, hot tub, and arbor
comply with height and setback regulations of the Accessory Buildings/Structures Ordinance,
Chapter 19.100 of the Cupertino Municipal Code.
The project is not subject to a public comment period as staff determined that the project does not
intensify the existing residential use and the proposed enhancements will not cause adverse
impacts to surrounding neighbors. Furthermore, the project proposes no negative public impact
to the community in terms of noise, public nuisance, or traffic. 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. There is no HOA for the site.
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, "Kier and Hung Ecklund" prepared by Grimes
Natural Landscape, Inc., consisting of a four (4) page Project Data document and a plan set
consisting of six (6) sheets labeled, "Existing Site Plan, Planting Plan, Irrigation Plan,
Landscape Hardscape, Landscape Lighting, and Details"; except as may be amended by the
conditions contained in this resolution.
2. 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.
3. 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.
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4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits prior to commencement of work.
5. 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.
6. COMPLIANCE WITH OAK VALLEY USE PERMIT CONDITIONS
The project shall comply with all applicable conditions of the Oak Valley Use Permit,
U-1997-06.
7. 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.
8. 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.
9. DUST CONTROL
The following construction practices shall be implemented during all phases of construction
for the proposed project to prevent visible dust emissions from leaving the site:
a. Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent
to windy periods; active areas adjacent to existing land uses shall be kept damp at
all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
10. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
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b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m, to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m.
and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed
on holidays as defined in Chapter 10.48 of the Municipal Code. Night time
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors
of said construction restrictions.
g. The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
11. 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.
12. 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
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of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
This Director's approval is effective August 14, 2019. The 14 -calendar -day appeal period will
expire on August 28, 2019 at 5:00 p.m.
Enclosure:
Plan set