DIR-2017-11 approval 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 Developmen
Prepared by: Catarina Kidd, Senior Planner
Date: October 3, 2017
Subject: Director's Minor Modification, DIR-2017-11, to allow a pool, spa and fire pit to the rear yard
of an existing two-story single-family home in a Planned Residential District (Oak Valley)
located at 10878 Sycamore Court.
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,David and Marianne Mehuys,have applied to make rear yard enhancements at an existing
single-family residence at 10878 Sycamore Court. The subject property is located in the Oak Valley
Planned Development District,and any exterior changes require approval by the Director of Community
Development, consistent with the requirements of the neighborhood design guidelines and covenants.
The proposed enhancements include a 490 sq.ft.new swimming pool, spa and fire pit at the rear yard of
an existing two-story home. There will be no tree removal and no additional square footage associated
with the improvements.The Oak Valley Design Guidelines encourage improvements to harmonize with
the surrounding community, minimize use of retaining walls and grading, and preservation of private
open space area.The subject application meets these guidelines.The pool and spa is proposed within the
existing rear yard area away from the private open space boundary. One proposed section of the wall is
a maximum of 18" above grade at the west side of the pool to accommodate the spa and water feature.
The proposal is typical of and compatible to the uses in the surrounding low density, residential
neighborhood.The property is adequately screened by existing mature trees;a proposed 4'lattice would
screen the equipment.
ACTION
The Director of Community Development deems the modification minor and approves the project with
the following conditions of approval:
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10878 Sycamore Court Page 2
1. APPROVED EXHIBITS
Approval is based on exhibits entitled"The Mehuys Residence'prepared by Royal Pools,dated May
22, 2017, and consisting of two sheets (site plan and construction detail plan) 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 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.
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, 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.
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10878 Sycamore Court Page 3
This approval of the modification is effective October 3, 2017. The 14-calendar-day appeal period will
expire on October 17, 2017.
Enclosure:
Plan set