DIR-2021-026 Action Letter 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,Director of Community Development
Prepared by: AJ Haase,Assistant Planner
Date: February 4,2022
Subject: Director's Minor Modification, DIR-2021-026,to consider the installation of a new
pergola attached to the rear elevation of an existing single-family residence located
in the Oak Valley Planned Development.
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.
BACKGROUND
The applicant,Neli Maneva, and property owner,Amar Maletira, are requesting to install a new
pergola attached to the rear elevation of an existing one-story single-family residence located at
10818 Juniper Court in Neighborhood One of the Oak Valley Planned Development area.
The Oak Valley Planned Development is a planned single-family residential development
approved as part of Use Permit (U-1997-06). The property is zoned P(Res), Planned Residential
Development, with single-family residences permitted to be developed subject to the
development regulations of the Use Permit, the Architectural and Site Approval Permit, and the
Oak Valley Planned Development Design Guidelines. Per Chapter 19.164 of the Cupertino
Municipal Code (CMC),modifications to previously approved Use Permits are subject to review
from the Director of Community Development.
DISCUSSION
Project Data
General Plan Designation: Low Density(1-5 DU/Acre)
General Plan Neighborhood: Oak Valley
Zoning Designation: P(Res)-Planned Residential Development
Net Lot Area 21,532 sq. ft.
Allowed a I Proposed
Floor Area Ratio (F.A.R.) 8,612 s . ft. (40%) 1 4,227 s .ft. (19.6%)
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10818 Juniper Ct. Page 2
Lot Coverage 8,612 s . ft. (40%) 4,227 s . ft. (19.6%)
1st Floor Setbacks Required Proposed
Front 30' 34'
Rear 25' 112'4"
Side Combined 15' Combined 26'-6"
(no side less than 5') South Side: 5'
North Side: 21'-6"
Total Building Height Required Proposed
Principal Building 28' max. allowed No Change
Project Consistency with:
General Plan: Yes
Zoning: Yes
Environmental Review: Categorically Exempt per Section 15301, Class 1 of the
California Environmental Quality Act(CEQA)
Table 1:Project Data
Proposed Project
The applicant/property owner is proposing an attached 712-square-foot motorized louvered
pergola to cover the existing rear patio for the single-story residence(see Figure 1).The motorized
louvers incorporated into the pergola will create a completely covered patio that is enclosed by
the three existing exterior walls.The proposed 712-square-foot pergola will increase the floor area
and lot coverage from 3,515 square feet (16.3%) to 4,227 square feet (19.6%), well within the
maximum allowable coverage of 40% (see Table 1).
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Figure 1:Proposed Site Plan
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10818 Juniper Ct. Page 3
The proposal also complies with all setback regulations of the development by providing a rear-
yard setback of 112'-4"where 25'-0"is required and a combined side-yard setback of 26'-6"where
15'-0" is required (see Table 1). The pergola will reduce the existing rear-yard setback from 116'-
0" to 112'-4", which still exceeds the minimum required setback of 25'-0". The proposal will not
impact the existing side-yard setbacks.
Furthermore,the pergola will not have adverse visual impacts to the neighboring residences as it
will not be visible from the public right of way. The 9'-8" high pergola is contained within the
existing building envelope for the rear elevation and is well below the maximum height of 28'-0"
allowed for the subject property (see Figure 2). Additionally, the proposed modification is not
expected to have adverse privacy impacts to adjacent properties, as it is located on the first floor
and adheres to all side and rear-yard setback requirements of the development
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Figure 2:Proposed Rear Elevation
The motorized louvered pergola is also proposed to have ceiling-mounted electric heaters, fans,
and LED lighting. All proposed lighting shall comply with the City's Outdoor Lighting
Requirements per condition of approval #8. The minor exterior modification will not alter the
architectural design style, height, use, or accessibility of the residence. This neighborhood does
not have a homeowner's association (HOA);therefore, an HOA approval letter is not required.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing Facilities. The
Director of Community Development deems the modification minor and approves the project
with the following conditions of approval:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled, "Backyard Pergola, 10818 Juniper Ct.,Cupertino,
CA", consisting of 11 sheets labeled "A-1.0, A101, A102, A103, A104, A104A, A104B, A105,
A106, A107, and A108," and except as may be amended by the conditions contained in this
resolution.
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10818 Juniper Ct. Page 4
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. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits, or building permit revisions, 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. 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.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original
approved plans. Final building exterior treatment plan (including but not limited to details
on exterior color, materials, architectural treatments, doors, windows, lighting fixtures,
and/or embellishments) shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits to ensure quality and consistency. Any
exterior changes determined to be substantial by the Director of Community Development
shall either require a modification to this permit or a new permit based on the extent of the
change.
8. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans
in compliance with the approved lighting plans to comply with development standards of
Cupertino Municipal Code Section 19.102.040 Outdoor Lighting Requirements. In the event
changes are proposed from the approved plans,said changes must be reviewed and approved
by the Director of Community Development or their designee.The applicant shall provide all
documentation required to determine compliance with the Municipal Code.
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9. NOISE MANAGEMENT DURING CONSTRUCTION
At least 10 days prior to commencement of construction activities, the applicant/property
owner shall post a sign at the entrance(s) to the job site, clearly visible to the public, which
includes permitted construction days and hours, as well as the telephone numbers of the
City's and contractor's authorized representatives that are assigned to respond in the event
of a noise or vibration complaint. In addition to the posted sign, the project applicant shall
send notices of the planned activity by first class mail to off-site businesses and residents
within 250 feet of the project site at least 10 days prior to the start of any demolition, ground
disturbing, or construction activities. If the authorized contractor's representative receives a
complaint, they shall investigate, take appropriate corrective action, and report the action to
the City within three business days of receiving the complaint.The applicant shall provide all
documentation required to determine compliance with Cupertino Municipal Code Section
17.04.050.
10. AIR QUALITY
Prior to issuance of Building Permits, the applicant/property owner shall submit
documentation verifying compliance with the Bay Area Air Quality Management District
Basic Control Measures included in the latest version of BAAQMD's CEQA Air Quality
Guidelines to control fugitive dust during demolition, ground disturbing activities,
and/or construction.
11. 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 exposed surfaces areas (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) 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) All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 mph.
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
f) Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points.
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g) All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications.All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation.
h) Post a publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations.
i) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
12. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to
indemnify,defend with the attorneys of the City's choice, and hold harmless the City,its City
Council, and its officers,employees, and agents(collectively,the"indemnified parties")from
and against any liability, claim, action,cause of action, suit,damages,judgment,lien,levy, or
proceeding (collectively referred to as "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
related to any Ordinance,Resolution,or action approving the project,the related entitlements,
environmental review documents,finding or determinations,or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to damages,
fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other
costs,liabilities, and expenses incurred in connection with such proceeding whether incurred
by the Applicant, the City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees
and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include
amounts paid to the City's outside counsel 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. The applicant shall likewise agree to indemnify, defend, and
hold harmless the indemnified parties from and against any damages,attorneys'fees,or costs
awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5,
assessed or awarded against the indemnified parties. The Applicant shall cooperate with the
City to enter a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in
additional investigation or study of, or for supplementing,redrafting,revising, or amending,
any document (such as an Environmental Impact Report, negative declaration, specific plan,
or general plan amendment) if made necessary by proceedings challenging the project
approvals and related environmental review, if the applicant desires to continue to pursue
the project.
The Applicant shall agree that the City shall have no liability to the Applicant for business
interruption,punitive, speculative, or consequential damages.
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13. 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.
This Director's approval is effective February 4, 2022. The 14-calendar-day appeal period will
expire on February 18,2022, at 5:00 p.m.
Enclosure:
Plan set