PC Packet 08-22-2017CITY OF CUPERTINO
AGENDA
PLANNING COMMISSION
6:45 PM
10350 Torre Avenue, Council Chamber
Tuesday, August 22, 2017
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission
on any matter not on the agenda. Speakers are limited to three (3) minutes. In most
cases, State law will prohibit the Commission from making any decisions with respect to
a matter not on the agenda.
WRITTEN COMMUNICATIONS
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
PUBLIC HEARINGS
1.Subject: Hillside Exception to allow the construction of an attached pool house,
pool and patio to an existing residence on slopes greater than 30%. Application
No(s).: EXC-2016-08; Applicant(s): Charles Holman (Hirano residence);
Location: 11406 Lindy Place APN # 356-24-011
Recommended Action: Find that the application is Categorically Exempt from
CEQA; and
Approve the application per the Draft Resolution
Planning Commission decision final unless appealed
Page 1 CITY OF CUPERTINO
August 22, 2017Planning Commission AGENDA
Staff Report
1 - Draft Resolution
2 - Geotechnical Review
3 - Comments
4 - Project Plans
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
ADJOURNMENT
Page 2 CITY OF CUPERTINO
August 22, 2017Planning Commission AGENDA
If you challenge the action of the Planning Commission in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in
this agenda, or in written correspondence delivered to the City of Cupertino at, or prior
to, the public hearing. In the event an action taken by the planning Commission is
deemed objectionable, the matter may be officially appealed to the City Council in
writing within fourteen (14) days of the date of the Commission’s decision. Said appeal
is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next Planning Commission meeting who is visually or hearing impaired or
has any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon
request, in advance, by a person with a disability, Planning Commission meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format. Also upon request, in advance, an
assistive listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Planning Commission after
publication of the packet will be made available for public inspection in the Community
Development Department located at City Hall, 10300 Torre Avenue, during normal
business hours and in Planning packet archives linked from the agenda/minutes page
on the Cupertino web site.
Members of the public are entitled to address the Planning Commission concerning any
item that is described in the notice or agenda for this meeting, before or during
consideration of that item. If you wish to address the Planning Commission on any issue
that is on this agenda, please complete a speaker request card located in front of the
Commission, and deliver it to the City Staff prior to discussion of the item. When you
are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so
by during the public comment portion of the meeting following the same procedure
described above. Please limit your comments to three (3) minutes or less. Please note
that Planning Commission policy is to allow an applicant and groups to speak for 10
minutes and individuals to speak for 3 minutes.
For questions on any items in the agenda, or for documents related to any of the items
on the agenda, contact the Planning Department at (408) 777 3308 or
planning@cupertino.org.
Page 3 CITY OF CUPERTINO
PLANNING COMMISSION STAFF REPORT
Agenda Date: August 22, 2017
SUBJECT
Hillside Exception to allow the construction of an attached pool house, pool and patio to an
existing residence on slopes greater than 30%. Application No(s).: EXC-2016-08; Applicant(s):
Charles Holman (Hirano Residence); Location: 11406 Lindy Place, APN # 356-24-011
RECOMMENDATION
Find that the application is Categorically Exempt from CEQA; and
Approve the application per the Draft Resolution (Attachment 1).
DESCRIPTION
A. Project Data Summary
Requirement/Standard Allowed/Required Proposed
General Plan
designation
Residential: Very Low Density (1/2
acre slope density formula)
No change/consistent
Zoning designation Residential Hillside Zone (RHS-21) No change/consistent
Environmental
Assessment
n/a Categorically exempt,
Section 15301 (Existing
Facilities) and 15303 (New
Construction or Conversion
of Small Structures)
Height limit 30 feet maximum 14.5 feet
Setbacks:
Front 10 feet minimum No change/consistent
Side 10 feet minimum Consistent
Rear n/a. Per CMC 19.08, a lot bounded
by only three lot lines will not have
a rear lot line.
n/a
Second-story
patio/deck
15 feet minimum Consistent
RHS floor area 3,695 square feet (after slope
reduction of 30%)
3,695 square feet
Site grading 2,500 cubic yards (cut plus fill) 300 cubic yards
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
EXC-2016-08 11406 Lindy Place August 22, 2017
BACKGROUND
The property owners, Bernadette Hirano and Kelly Hirano, propose a 412-square-foot pool
house, patio and new pool adjacent to their home within the back yard area. The existing pool
would be demolished. The new pool house includes a roof deck with railing of 42 inches as
required by building code, and is attached to the primary residence via the structural element of
a second-story deck. From Lindy Place, the home and building pad area is below the street
elevation. A perspective and elevation, looking west, and a partial site plan, “zoomed in” for
greater detail, are shown below (full project plans including civil plans are in Attachment 4):
Perspective/elevation:
EXC-2016-08 11406 Lindy Place August 22, 2017
Site plan:
Section:
Existing pool to be
demolished
Proposed pool
Existing home
Proposed pool
house
EXC-2016-08 11406 Lindy Place August 22, 2017
A planning permit called a “hillside exception” is required for all grading, structures and other
development greater than 500 square feet on slopes greater than or equal to 30%. The average
slope of the subject parcel is ~35.5%. While the pool house is less than 500 square feet, the added
grading for the entire scope of the project, including the pool and patio areas, would meet the
criteria requiring the hillside exception. To clarify, a “hillside exception” is the name of the type
of permit; it is not an exception in the sense of a variance or other similar zoning request to not
meet site development requirements. The proposal meets the applicable RHS development
regulations, outlined in the project data summary above and discussed in greater detail in
subsequent sections of this staff report.
The property is located within the southwest, hillside area of Cupertino. Surrounding land uses
are other single-family residential homes shown below, with smaller/flatter lots zoned R1-10
adjacent to the north on Lindy Lane and other residential hillside zoned properties to the east,
south and west:
DISCUSSION
Environmental Review
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15301
(Existing Facilities) and 15303 (New Construction or Conversion of Small Structures).
General Plan and Zoning
General Plan. The City’s General Plan “seeks to establish clear hillside policy in order to provide
for the realistic use of privately-owned hillside lands, while preserving natural and aesthetic
features.” The Land Use (GPLU) designation is Residential: Very Low Density (1/2 acre slope
EXC-2016-08 11406 Lindy Place August 22, 2017
density formula). Properties within this designation have limited development areas based
upon their average slope formula as defined within the General Plan Appendix.
Applicable policies include General Plan policy LU-12.1.1: Ordinance and Development
Review. Through building regulations and development review, limit development on
ridgelines, hazardous geological areas and steep slopes. Control colors and materials and
minimize the illumination of outdoor lighting. Reduce visible building mass with measures
including, stepping structures down the hillside, following natural contours, and limiting the
height and mass of the wall plane facing the valley floor.”
Zoning. The property is zoned Residential Hillside (RHS-21). Meeting General Plan policy
outlined above is accomplished through implementation of the RHS zoning standards, which
seeks to balance rights to reasonably develop, maintain or upgrade private property with the
responsibilities of meeting specified RHS standards intended to regulate such development.
The proposal is limited to the back yard area and proposes no changes to the existing primary
home’s conditioned living space. The proposed attached pool house meets all applicable site
development regulations such as height, setbacks, and floor area ratio. RHS has no lot coverage
criteria, for lots greater than or equal to 10,000 sq.ft. Rather, the floor area ratio is reduced by
30% according the RHS slope adjustment criteria as shown below, for lots greater than or equal
to 10,000 sq.ft.:
1) 4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000 square feet
of net lot area.
2) Formula of the above criteria is expressed as:
A= ((B-10,000)/1000) (59.59) + 4,500 where
A = Maximum allowable house size, prior to instituting the maximum 6,500 square foot
building size; and
B = Net lot area of 23,086.8 square feet
The resulting calculation for allowable floor area on this lot, after the 30% reduction, is 3,695.89
square feet. The proposal conforms to this limit at 3,695 square feet, when the primary home,
garage and pool house are added together. The size of the pool house has been reduced from
the original proposal to conform to this floor area limit, but remains in the same location as the
original proposal.
Preliminary Geotechnical Review
This proposal was subject to review and oversight of the City’s geotechnical engineer, Cotton
Shires, who is involved at the preliminary phase through to the construction phase. The report
and supplemental review are in Attachment 2. Preliminary plans are recommended for
approval, with the required conditions of approval, by the geotechnical engineer as follows:
EXC-2016-08 11406 Lindy Place August 22, 2017
Prior to issuance of building permits, a geotechnical plan review shall be performed, and a
shoring plan shall be submitted to the City, as described below:
1. Shoring Plan – A shoring plan shall be submitted by a civil/structural engineer due to the close
proximity of the proposed addition to the neighboring property and structures. The shoring
plan shall include profiles that depict the existing site topography, proposed cuts, and existing
neighboring structures and property line. It should be noted that an approximate 17-foot high
vertical cut is proposed within 10 feet of the property line, and neighboring structures appear to
be very close to this property line.
2. Geotechnical Plan Review - The applicant's geotechnical consultant should review and approve
all geotechnical aspects of the development plans (i.e., site preparation and grading, site
drainage improvements and design parameters for foundations, drainage, pavement and
retaining walls) to ensure that their recommendations have been properly incorporated. Specific
performance recommendations for the geotechnical consultant include the following:
• Review the location of the proposed storm water energy dissipater.
• Review and approve the shoring plans.
The shoring plans and geotechnical plan review shall be submitted to the City for review and
approval by City Staff and the City Geotechnical Consultant prior to approval of building
permits.
3. Geotechnical Field Inspection - The geotechnical consultant/engineering geologist shall inspect,
test (as needed), and approve all geotechnical aspects of the project construction. The
inspections shall include, but not necessarily be limited to: site preparation and grading,
swimming pool excavation, site surface and subsurface drainage improvements and
excavations for foundations and retaining walls prior to the placement of steel and concrete.
The following shall be specifically performed:
• The guesthouse and swimming pool excavations shall be closely inspected to assure that the
geologic materials are as anticipated.
The results of these inspections and the as-built conditions of the project shall be described by
the consultant in a letter and submitted to the City Engineer for review prior to final project (as-
built) approval.
Additional conditions of approval
The color rendering provided in the application packet shows materials call-outs for wood, tile
and stucco. While recognizing the limitations of digital rendering of color, which is generally
less accurate than a field sample, staff is concerned about the colors indicated. While the stucco
indicates a color to match the existing house, which would be a taupe or hue of brown and
would be acceptable, the color rendering appears as a red tone, which is not consistent with
natural earth and vegetation tones required for hillside. A condition of approval should require
that prior to issuance of the building permit, final colors and materials shall be assembled and
mocked up in the field for staff review. Changes would also require staff review and approval.
EXC-2016-08 11406 Lindy Place August 22, 2017
Hillside Exception Findings
In accordance with CMC 19.40.080, the Planning Commission may grant a request for a Hillside
Exception only if all of the following findings are made:
1. The proposed development will not be injurious to property or improvements in the area
nor be detrimental to the public health and safety.
The proposed development will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety because the proposed development conforms to the RHS
development regulations standards and was subject to preliminary review of the City’s geotechnical
engineer. The graded area is limited to the building pad area to the greatest extent possible and is
approximately 300 cubic yards cumulative cut and fill, which is significantly less than the allowed
cumulative total of 2,500 cubic yards.
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
The proposed development will not create a hazardous condition for pedestrian or vehicular traffic
because the property is served by public roads, which has the capacity to accommodate the limited
scale of development proposed and usual for a single family home within the area.
3. The proposed development has legal access to public streets and public services are
available to serve the development.
The proposed property is an existing, legal single-family home served by public streets and public
services, and the additional development is within the scope allowed by and within the applicable
zoning district.
4. The proposed development requires an exception which involves the least modification of,
or deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
The proposed development conforms to the requirements of the RHS zoning district and does not
deviate from the site development standards.
5. All alternative locations for development on the parcel have been considered and have been
found to create greater environmental impacts than the location of the proposed
development.
The alternative location would be to locate the back yard improvements further down the hill away
from the existing home, which has been found to create greater environmental impacts than the
location of the proposed development because it would increase grading quantities and disturbance of
additional areas previously undisturbed. Further, RHS regulations stipulate that the graded area
shall be limited to the building pad area the greatest extent possible. This is accomplished through the
proposed location closest to the home.
EXC-2016-08 11406 Lindy Place August 22, 2017
6. The proposed development does not consist of structures on or near known geological or
environmental hazards which have been determined by expert testimony to be unsafe or
hazardous to structures or persons residing therein. (See General Plan Policies 2-49.)
This proposal was subject to review and oversight of the City’s geotechnical engineer, Cotton Shires,
who was involved at the preliminary phase and required through the construction phase.
Preliminary plans are recommended for approval, with the required conditions of approval, by the
geotechnical engineer as follows: Prior to issuance of a building permit, the applicant shall provide a
shoring plan, geotechnical plan review and a geotechnical field inspection. The geotechnical
consultant/engineering geologist shall inspect, test (as needed), and approve all geotechnical aspects
of the project construction. The inspections shall include, but not necessarily be limited to: site
preparation and grading, swimming pool excavation, site surface and subsurface drainage
improvements and excavations for foundations and retaining walls prior to the placement of steel
and concrete.
7. The proposed development includes grading and drainage plans which will ensure that
erosion and scarring of the hillsides caused by necessary construction of roads, housing
sites, and improvements will be minimized. (See General Plan Policies 2-53, 2-54 and 2-57.)
The proposed development is limited to a 412-square-foot pool house, second-story deck, patio area at
ground level and pool. The primary home is an existing structure that would not be expanded in this
proposal, and there would be no road construction. Grading and drainage plans are generally limited
to the back yard area.
8. The proposed development does not consist of structures which would disrupt the natural
silhouette of ridgelines as viewed from established vantage points on the valley floor unless
either:
a. The location of a structure on a ridgeline is necessary to avoid greater negative
environmental impacts; or
b. The structure could not otherwise be physically located on the parcel and the size of the
structure is the minimum which is necessary to allow for a reasonable use of the parcel.
(See General Plan Policies 2-46, 2-47 and 2-48.)
The proposed development does not consist of structures which would disrupt the natural silhouette
of ridgelines as viewed from established vantage points on the valley floor because the proposed
development and building pad area is located below the grade of Lindy Place. At a total maximum
height of 14.5 feet (11 feet from grade to top of roof plus 3.5 feet of railing for the roof deck), the pool
house is lower in height than existing two-story home, not located near a ridgeline, and does not rise
above a natural silhouette of a ridgeline.
9. The proposed development consists of structures incorporating designs, colors, materials,
and outdoor lighting which blend with the natural hillside environment and which are
designed in such a manner as to reduce the effective visible mass, including building height,
as much as possible without creating other negative environmental impacts. (See General
Plan Policies 2-46, 2-50, 2-51 and 2-52.)
EXC-2016-08 11406 Lindy Place August 22, 2017
The development proposes wood siding, wood columns and stucco to match the existing home, which
is currently an earth tone color. By condition of approval, all final exterior colors shall be natural
earth tone and vegetation colors, mocked up in the field, and subject to the review and approval of the
Director of Community Development prior to installation.
10. The proposed development is located on the parcel as far as possible from public open space
preserves or parks (if visible there from), riparian corridors, and wildlife habitats unless
such location will create other, more negative environmental impacts. (See General Plan
Policies 2-55, 5-14 and 528.)
The proposed development is located on the parcel away from public open space, preserves, parks,
riparian corridors, and wildlife habits because the proposed building pad area is the immediate back
yard area adjacent to an existing single-family residential house.
11. The proposed development includes a landscape plan which retains as many specimen trees
as possible, which utilizes drought-tolerant native plants and ground covers consistent with
nearby vegetation, and which minimizes lawn areas. (See General Plan Policies 2-54, 5-15
and 5-16.)
No trees will be removed or disturbed within this development proposal, which is a limited area
within the back yard. The remainder of the parcel further downhill would remain in its natural and
existing state.
12. The proposed development confines solid fencing to the areas near a structure rather than
around the entire site. (See General Plan Policy 5-17.)
The property includes existing chain link fences along the side property lines and solid fencing
limited to areas near the house and generally not visible from public areas. The proposal includes a
new six-foot fence at the side property line. There is no solid fence proposed around the entire site.
13. The proposed development is otherwise consistent with the City's General Plan and with the
purposes of this chapter as described in Section 19.40.010.
The proposal is otherwise consistent with the City's General Plan because it steps the structure down
the hillside, minimizes wall planes facing the valley floor, limits the height and mass, and conforms to
the development allowed as determined through zoning ordinances.
PUBLIC NOTICING & OUTREACH
The following is a brief summary of the noticing completed for the project:
Public Notice Agenda
Legal ad placed in newspaper at least 10
days prior to the hearing
Mailed notice of public hearing to property
owners within 300 feet radius
Posted site notice abutting street
Posted on the City's official notice bulletin
board at least one week prior to the
hearing
Posted on the City of Cupertino’s Web
site at least one week prior to the hearing
EXC-2016-08 11406 Lindy Place August 22, 2017
PUBLIC COMMENTS
Consistent with previous policy direction from the Planning Commission, staff encourages
applicants to reach out to neighbors with proposed project information, so that constructive
dialogue can occur early and often. The applicant reached out to adjacent neighbors to discuss
project plans. Public comments are included in Attachment 3, stating opposition to the project
due to geotechnical concerns. One neighbor had no comments and was supportive of the
proposal.
PERMIT STREAMLINING ACT
Received on June 20, 2017, the revised project with a reduced scope was deemed complete on
July 20, 2017. In accordance with the Permit Streamlining Act, the Planning Commission must
render a decision regarding the application by September 20, 2017.
NEXT STEPS
All approvals granted by the Planning Commission shall go into effect after 14 calendar days
from the public hearing date.
__________________________________
Prepared by: Catarina Kidd, Senior Planner
Reviewed by: Benjamin Fu, Assistant Director of Community Development
Approved by: Aarti Shrivastava, Assistant City Manager
ATTACHMENTS:
1 - Draft resolution
2 - Consulting geotechnical report – Cotton Shires
3 - Public comments
4 – Project plans
EXC-2016-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTUCTION OF
AN ATTACHED POOL HOUSE, POOL AND PATIO TO AN EXISTING RESIDENCE
ON SLOPES GREATER THAN 30% LOCATED AT 11406 LINDY PLACE
SECTION I: PROJECT DESCRIPTION
Application No.:EXC-2016-08
Applicant:Charles Holman
Property Owner:Carolyn Bernadette Hirano and Kelly Hirano
Location:11406 Lindy Place
SECTION II: FINDINGS FOR HILLSIDE EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Hillside Exception, as described on Section I of this Resolution; and
WHEREAS, the project is Categorically Exempt from the requirements of the California
Environmental Quality Act (CEQA), Section 15301 (Existing Facilities) and 15303 (New
Construction or Conversion of Small Structures); and
WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the Planning Commission has held at least one Public Hearing on
this matter; and
WHEREAS, the applicant has met the burden of proof required to support this application, and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposed development will not be injurious to property or improvements in the area
nor be detrimental to the public health and safety.
The proposed development will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety because the proposed development conforms to the RHS
development regulations standards and was subject to preliminary review of the City’s geotechnical
engineer. The graded area is limited to the building pad area to the greatest extent possible and is
approximately 300 cubic yards cumulative cut and fill, which is significantly less than the allowed
cumulative total of 2,500 cubic yards.
Draft Resolution EXC-2016-08 August 22, 2017
Page - 2 -
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
The proposed development will not create a hazardous condition for pedestrian or vehicular traffic
because the property is served by public roads, which has the capacity to accommodate the limited
scale of development proposed and usual for a single family home within the area.
3. The proposed development has legal access to public streets and public services are
available to serve the development.
The proposed property is an existing, legal single-family home served by public streets and public
services, and the additional development is within the scope allowed by and within the applicable
zoning district.
4. The proposed development requires an exception which involves the least modification of,
or deviation from, the development regulations prescribed in this chapter necessary to
accomplish a reasonable use of the parcel.
The proposed development conforms to the requirements of the RHS zoning district and does not
deviate from the site development standards.
5. All alternative locations for development on the parcel have been considered and have been
found to create greater environmental impacts than the location of the proposed
development.
The alternative location would be to locate the back yard improvements further down the hill away
from the existing home, which has been found to create greater environmental impacts than the
location of the proposed development because it would increase grading quantities and disturbance of
additional areas previously undisturbed. Further, RHS regulations stipulate that the graded area
shall be limited to the building pad area the greatest extent possible. This is accomplished through the
proposed location closest to the home.
6. The proposed development does not consist of structures on or near known geological or
environmental hazards which have been determined by expert testimony to be unsafe or
hazardous to structures or persons residing therein. (See General Plan Policies 2-49.)
This proposal was subject to review and oversight of the City’s geotechnical engineer, Cotton Shires,
who was involved at the preliminary phase and required through the construction phase.
Preliminary plans are recommended for approval, with the required conditions of approval, by the
geotechnical engineer as follows: Prior to issuance of a building permit, the applicant shall provide a
shoring plan, geotechnical plan review and a geotechnical field inspection. The geotechnical
consultant/engineering geologist shall inspect, test (as needed), and approve all geotechnical aspects
of the project construction. The inspections shall include, but not necessarily be limited to: site
preparation and grading, swimming pool excavation, site surface and subsurface drainage
improvements and excavations for foundations and retaining walls prior to the placement of steel
and concrete.
Draft Resolution EXC-2016-08 August 22, 2017
Page - 3 -
7. The proposed development includes grading and drainage plans which will ensure that
erosion and scarring of the hillsides caused by necessary construction of roads, housing
sites, and improvements will be minimized. (See General Plan Policies 2-53, 2-54 and 2-57.)
The proposed development is limited to a 412-square-foot pool house, second-story deck, patio area at
ground level and pool. The primary home is an existing structure that would not be expanded in this
proposal, and there would be no road construction. Grading and drainage plans are generally limited
to the back yard area.
8. The proposed development does not consist of structures which would disrupt the natural
silhouette of ridgelines as viewed from established vantage points on the valley floor unless
either:
a. The location of a structure on a ridgeline is necessary to avoid greater negative
environmental impacts; or
b. The structure could not otherwise be physically located on the parcel and the size of the
structure is the minimum which is necessary to allow for a reasonable use of the parcel.
(See General Plan Policies 2-46, 2-47 and 2-48.)
The proposed development does not consist of structures which would disrupt the natural silhouette
of ridgelines as viewed from established vantage points on the valley floor because the proposed
development and building pad area is located below the grade of Lindy Place. At a total maximum
height of 14.5 feet (11 feet from grade to top of roof plus 3.5 feet of railing for the roof deck), the pool
house is lower in height than existing two-story home, not located near a ridgeline, and does not rise
above a natural silhouette of a ridgeline.
9. The proposed development consists of structures incorporating designs, colors, materials,
and outdoor lighting which blend with the natural hillside environment and which are
designed in such a manner as to reduce the effective visible mass, including building height,
as much as possible without creating other negative environmental impacts. (See General
Plan Policies 2-46, 2-50, 2-51 and 2-52.)
The development proposes wood siding, wood columns and stucco to match the existing home, which
is currently an earth tone color. By condition of approval, all final exterior colors shall be natural
earth tone and vegetation colors, mocked up in the field, and subject to the review and approval of the
Director of Community Development prior to installation.
10. The proposed development is located on the parcel as far as possible from public open space
preserves or parks (if visible there from), riparian corridors, and wildlife habitats unless
such location will create other, more negative environmental impacts. (See General Plan
Policies 2-55, 5-14 and 528.)
The proposed development is located on the parcel away from public open space, preserves, parks,
riparian corridors, and wildlife habits because the proposed building pad area is the immediate back
yard area adjacent to an existing single-family residential house.
11. The proposed development includes a landscape plan which retains as many specimen trees
as possible, which utilizes drought-tolerant native plants and ground covers consistent with
Draft Resolution EXC-2016-08 August 22, 2017
Page - 4 -
nearby vegetation, and which minimizes lawn areas. (See General Plan Policies 2-54, 5-15
and 5-16.)
No trees will be removed or disturbed within this development proposal, which is a limited area
within the back yard. The remainder of the parcel further downhill would remain in its natural and
existing state.
12. The proposed development confines solid fencing to the areas near a structure rather than
around the entire site. (See General Plan Policy 5-17.)
The property includes existing chain link fences along the side property lines and solid fencing
limited to areas near the house and generally not visible from public areas. The proposal includes a
new six-foot fence at the side property line. There is no solid fence proposed around the entire site.
13. The proposed development is otherwise consistent with the City's General Plan and with the
purposes of this chapter as described in Section 19.40.010.
The proposal is otherwise consistent with the City's General Plan because it steps the structure down
the hillside, minimizes wall planes facing the valley floor, limits the height and mass, and conforms to
the development allowed as determined through zoning ordinances.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 4 thereof,:
1. The application for a Hillside Exception, Application no. EXC-2016-08 is hereby APPROVED;
and
2. That the subconclusions upon which the findings and conditions specified in this Resolution
are based and contained in the Public Hearing record concerning Application no.(s) EXC-
2016-08 as set forth in the Minutes of Planning Commission Meeting of Augustt 22, 2017 and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval for the construction of 412-square-foot pool house, pool and patio is based on the
plan set titled: “HIRANO-MAHONEY RESIDENCE 11406 LINDY PLACE, CUPERTINO,
CALIFORNIA” dated revised 6/7/2017, and consisting of 13 sheets, including additional
rendered elevation, perspective drawing and two civil sheets, except as may be amended by
the conditions contained in this resolution.
2. 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
Draft Resolution EXC-2016-08 August 22, 2017
Page - 5 -
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.
4. PERMIT EXPIRATION
The subject hillside exception approval shall expire two (2) years from the date of approval
if not used.
5. GEOTECHNICAL REVIEW
Prior to building permit approval, the applicant shall comply with the recommendations
outlined in the Cotton Shires & Associates, Inc. Geologic and Geotechnical Peer Review
Letter pertaining to the proposed development as summarized below:
Prior to issuance of building permits, a geotechnical plan review shall be performed, and a
shoring plan shall be submitted to the City, as described below:
a. Shoring Plan – A shoring plan shall be submitted by a civil/structural engineer due to the
close proximity of the proposed addition to the neighboring property and structures. The
shoring plan shall include profiles that depict the existing site topography, proposed cuts,
and existing neighboring structures and property line. It should be noted that an
approximate 17-foot high vertical cut is proposed within 10 feet of the property line, and
neighboring structures appear to be very close to this property line.
b. Geotechnical Plan Review - The applicant's geotechnical consultant should review and
approve all geotechnical aspects of the development plans (i.e., site preparation and
grading, site drainage improvements and design parameters for foundations, drainage,
pavement and retaining walls) to ensure that their recommendations have been properly
incorporated. Specific performance recommendations for the geotechnical consultant
include the following:
• Review the location of the proposed storm water energy dissipater.
• Review and approve the shoring plans.
The shoring plans and geotechnical plan review shall be submitted to the City for review
and approval by City Staff and the City Geotechnical Consultant prior to approval of
building permits.
c. Geotechnical Field Inspection - The geotechnical consultant/engineering geologist shall
inspect, test (as needed), and approve all geotechnical aspects of the project construction.
The inspections shall include, but not necessarily be limited to: site preparation and grading,
swimming pool excavation, site surface and subsurface drainage improvements and
excavations for foundations and retaining walls prior to the placement of steel and concrete.
The following shall be specifically performed:
• The guesthouse and swimming pool excavations shall be closely inspected to assure that
the geologic materials are as anticipated.
Draft Resolution EXC-2016-08 August 22, 2017
Page - 6 -
The results of these inspections and the as-built conditions of the project shall be described
by the consultant in a letter and submitted to the City Engineer for review prior to final
project (as-built) approval.
6. SCREENING OF RETAINING WALLS
As part of the building permit submittal the applicant shall prepare a landscape plan that
screens visible retaining walls and grading scars from public street views. The screening
shall be accomplished through a combination of trees, shrubs and vines and pigmented
concrete matched to the surrounding soils for the review and approval of the Director of
Community Development.
7. FIELD MOCK-UP OF EXTERIOR COLORS/TREATMENTS
Prior to issuance of the building permit, final colors and materials shall be assembled and
included with the construction plans. After the framing inspection and prior to installation,
the exterior colors and materials shall be mocked-up in the field for the review and approval
of the Director of Community Development.
8. ABANDONED WATER WELLS
The applicant shall seal abandoned or unused water wells if the City, in consultation with
the Santa Clara Valley Water District, determines that said abandoned or unused water
wells have a potential to contaminate the water supply.
9. 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.
10. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
11. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation
form dated 7/14/2016, including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements, and utility
installations/relocations as deemed necessary by the Director of Public Works and required
for public health and safety. The Public Works Confirmation is a preliminary review, and is
not an exhaustive review of the subject development. Additional requirements may be
established and implemented during the construction permitting process. The project
construction plans shall address these requirements with the construction permit submittal,
and all required improvements shall be completed to the satisfaction of the Director of
Public Works prior to final occupancy.
Draft Resolution EXC-2016-08 August 22, 2017
Page - 7 -
12. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official. The applicant shall provide evidence that materials were
recycled prior to issuance of final demolition permits.
13. 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.
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 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.
The applicant shall comply with the above grading and construction hours and noise limit
requirements unless otherwise indicated.
14. 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.
Draft Resolution EXC-2016-08 August 22, 2017
Page - 8 -
15. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system have been installed. The findings of
the assessment shall be consolidated into a landscape installation report. The landscape
installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation
design plan, system tune-up, system test with distribution uniformity, reporting overspray
or run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan
and complies with the criteria of the ordinance and the permit.”
16. LANDSCAPE INSTALLATION/REHABILITATION SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a Prescriptive Compliance
Application per sections 14.15.040 A, B, and C of the Landscape Ordinance. The Water-
Efficient Design Checklist (Appendix A of Chapter 14.15), landscape design plans, and
irrigation plans shall be reviewed and approved to the satisfaction of the Director of
Community Development prior to issuance of building permits. A full Landscape
Documentation Package submittal will be required if more than 500 square feet of
landscaping is proposed.
17. LANDSCAPE PROJECT 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.
18. 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.
Draft Resolution EXC-2016-08 August 22, 2017
Page - 9 -
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.
19. 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.
20. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they
are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the screening
shall be taller than the height of the mechanical equipment that it is designed to screen. The
location of equipment and necessary screening shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
21. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side building
setback area.
22. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for protected trees as applicable. In addition, the following
measures shall be added to the protection plan:
Draft Resolution EXC-2016-08 August 22, 2017
Page - 10 -
For trees to be retained, chain link fencing and other root protection shall be installed
around the dripline of the tree prior to any project site work.
No parking or vehicle traffic shall be allowed under root zones, unless using buffers
approved by the Project Arborist.
No trenching within the critical root zone area is allowed. If trenching is needed in
the vicinity of trees to be retained, the City’s consulting arborist shall be consulted
before any trenching or root cutting beneath the dripline of the tree.
Wood chip mulch shall be evenly spread inside the tree projection fence to a four-
inch depth.
Tree protection conditions shall be posted on the tree protection barriers.
Retained trees shall be watered to maintain them in good health.
A covenant on the property shall be recorded that identifies all the protected trees,
prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist prior
to issuance of building permits. The City’s consulting arborist shall inspect the trees to be
retained and shall provide reviews prior to issuance of demolition, grading or building
permits. A report ascertaining the good health of the trees mentioned above shall be
provided prior to issuance of final occupancy.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
23. GRADING PLAN
Conceptual Grading and Drainage plans will need to be modified at the Building Permit
stage to satisfy Public Works’ preliminary comments regarding proposed storm drain
systems. Grading shall be as approved and required by the City Engineer in accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality
Control Board as appropriate.
24. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and
post-development hydraulic calculations must be provided to indicate whether additional
storm water control measures are to be constructed or renovated.
25. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included in
grading and street improvement plans.
Draft Resolution EXC-2016-08 August 22, 2017
Page - 11 -
26. EROSION CONTROL PLAN
Developer shall provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site.
Erosion control notes shall be stated on the plans.
27. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
Developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
28. ABOVE GROUND EQUIPMENT ENCLOSURES
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side building
setback area.
29. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits per the applicable fees
as determined by the City Engineer and the current fee schedule:
Fees:
a. Checking & Inspection Fees
b. Grading Permit
c. Development Maintenance Deposit
d. Storm Drainage Fee
e. Power Cost **Based on the latest effective PG&E rate schedule approved by the PUC
f. Park Fees
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
Draft Resolution EXC-2016-08 August 22, 2017
Page - 12 -
of a final map or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current fee schedule.
30. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
31. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to
final occupancy. The Agreement shall include the operation and maintenance for any non-
standard appurtenances in the public right-of-way that may include, but is not limited to,
sidewalk, pavers, and street lights.
32. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Water Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on private
property adjacent to the public right of way, and fire department connections must be
located within 100’ of a Fire Hydrant).
33. SANTA CLARA VALLEY/SAN JOSE WATER CLEARANCE
Provide Santa Clara Valley Water District and/or San Jose Water Service Company approval
for water connection, service capability and location and layout of water lines and backflow
preventers before issuance of a building permit approval.
34. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
35. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property will be required
prior to issuance of building permits.
36. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the
developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses
preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best
Management Practices (BMPs) to control storm water runoff quality, and BMP inspection
and maintenance.
Draft Resolution EXC-2016-08 August 22, 2017
Page - 13 -
37. C.3 REQUIREMENTS
Complete a Project Impervious Surface Data and LID Feasibility Form.
C.3 regulated improvements are required for all projects creating and/or replacing 10,000
S.F. or more of impervious surface (collectively over the entire project site). The developer
shall reserve a minimum of 4% of developable surface area for the placement of low impact
development measures, for storm water treatment, on the tentative map, unless an
alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the
City Engineer.
The developer must include the use and maintenance of site design, source control and
storm water treatment Best Management Practices (BMPs), which must be designed per
approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities
Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and
certification of ongoing operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
38. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be
placed away from the public right of way and site driveways to a location approved by the
Cupertino Planning Department, Santa Clara County Fire Department and the water
company.
PASSED AND ADOPTED this 22nd day of August 2017, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSTAIN:COMMISSIONERS:
ABSENT:COMMISSIONERS:
ATTEST:APPROVED:
Benjamin Fu Don Sun
Assistant Director of Community Development Chair, Planning Commission
Northern California Office Central California Office Southern California Office
330 Village Lane 6417 Dogtown Road 550 St. Charles Drive, Suite 108
Los Gatos, CA 95030-7218 San Andreas, CA 95249-9640 Thousand Oaks, CA 91360-3995
(408) 354-5542 • Fax (408) 354-1852 (209) 736-4252 • Fax (209) 736-1212 (805) 497-7999 • Fax (805) 497-7933
www.cottonshires.com
COTTON, SHIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
December 12, 2016
C5056A
TO : Catarina Kidd
Planning Department
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
SUBJECT : Supplemental Geotechnical Peer Review
RE : Hirano, New Second Dwelling Unit & Swimming Pool
11406 Lindy Place
At your request, we have completed a supplemental geotechnical peer review of the
building permit application for the proposed residential and swimming pool construction
using the following documents:
• Geotechnical Investigation (report), prepared by Murray Engineers, Inc.,
dated April 11, 2014;
• Geotechnical Report Update and Supplemental Recommendations, Guest
House and Swimming Pool (Letter-report), prepared by Murray Engineers,
Inc., dated October 27, 2016; and
• Revised Civil Engineering Plans (5 sheets, 8- and 10-scale), prepared by Lea
& Braze Engineering, Inc., dated October 28, 2016.
In addition to evaluation of the above referenced documents, we reviewed pertinent
technical documents from our office files and performed a recent site inspection.
DISCUSSION
The applicant proposes to construct a new 768 square-foot single-story addition east
of the existing residence. The existing swimming pool is proposed to be backfilled and
decommissioned and a new infinity-edge pool is proposed northeast of the existing
residence. Other site improvements include a new wood deck at the northeast corner of the
existing residence, new patios and walkways, and new stairs to access the back yard. A new
energy dissipater is proposed on the slope northeast of the new swimming pool. The
referenced plans indicate that grading quantities will include approximately 290 cubic yards
of cut and approximately 10 cubic yards of fill.
Catarina Kidd December 12, 2016
Page 2 C5056A
COTTON, SHIRES AND ASSOCIATES, INC.
In our previous review report, dated July 11, 2016, we recommended that a
Geotechnical Report Update be performed since approximately 2 years had elapsed since
the Geotechnical Investigation Report was performed, and since changes had been made to
the project layout after the report was completed.
CONCLUSIONS AND RECOMMENDED ACTION
The proposed residential construction is constrained by potentially expansive
surficial soil materials, existing undocumented artificial fill materials with the potential for
settlement and surficial creep, and anticipated very strong seismic ground shaking. The
Project Geotechnical Consultant performed an investigation of the site and provided
geotechnical design recommendations in their report dated April 11, 2014. These
recommendations included supporting the proposed guesthouse, swimming pool and
retaining walls on deep reinforced concrete piers. In their Geotechnical Report Update, they
indicate that the recommendations provided in the original geotechnical investigation
report remain valid for the proposed improvements. We do not have objections to the
geotechnical design recommendations, and recommend approval of the permit application
from a geotechnical standpoint. However, prior to issuance of building permits, a
geotechnical plan review should be performed, and a shoring plan should be submitted to
the City, as described below:
1. Shoring Plan – A shoring plan should be submitted by a civil/structural engineer
due to the close proximity of the proposed addition to the neighboring property
and structures. The shoring plan should include profiles that depict the existing
site topography, proposed cuts, and existing neighboring structures and
property line. It should be noted that an approximate 17-foot high vertical cut is
proposed within 10 feet of the property line, and neighboring structures appear
to be very close to this property line.
2. Geotechnical Plan Review - The applicant's geotechnical consultant should
review and approve all geotechnical aspects of the development plans (i.e., site
preparation and grading, site drainage improvements and design parameters for
foundations, drainage, pavement and retaining walls) to ensure that their
recommendations have been properly incorporated. We specifically recommend
that the geotechnical consultant perform the following:
• Review the location of the proposed storm water energy dissipater.
• Review and approve the shoring plans.
The Shoring Plans and Geotechnical Plan Review should be submitted to the City
for review and approval by City Staff and the City Geotechnical Consultant prior
to approval of building permits.
Catarina Kidd December 12, 2016
Page 3 C5056A
COTTON, SHIRES AND ASSOCIATES, INC.
3. Geotechnical Field Inspection - The geotechnical consultant/engineering
geologist should inspect, test (as needed), and approve all geotechnical aspects of
the project construction. The inspections should include, but not necessarily be
limited to: site preparation and grading, swimming pool excavation, site surface
and subsurface drainage improvements and excavations for foundations and
retaining walls prior to the placement of steel and concrete. The following should
be specifically performed:
• The guesthouse and swimming pool excavations should be closely inspected
to assure that the geologic materials are as anticipated.
The results of these inspections and the as-built conditions of the project should
be described by the consultant in a letter and submitted to the City Engineer for
review prior to final project (as-built) approval.
LIMITATIONS
This geotechnical peer review has been performed to provide technical advice to
assist the City with its discretionary permit decisions. Our services have been limited to
review of the documents previously identified, and a visual review of the property. Our
opinions and conclusions are made in accordance with generally accepted principles and
practices of the geotechnical profession. This warranty is in lieu of all other warranties,
either expressed or implied.
Respectfully submitted,
COTTON, SHIRES AND ASSOCIATES, INC.
CITY GEOTECHNICAL CONSULTANT
John M. Wallace
Principal Engineering Geologist
CEG 1923
Patrick O. Shires
Senior Principal Geotechnical Engineer
GE 770
JMW:POS:mp
Charles Holman November 28, 2016
901 Etheldore Street
Moss Beach, Ca. 93038
charlie@charlesholman.com
650-747-0769
Bernadette Mahoney and Kelly Hirano
11406 Lindy Place
Cupertino, Ca. 94025
Re: Hillside Exception Application @11406 Lindy Place
Dear Neighbor-
The Mahoney/Hirano Family wishes to construct a new pool and patio, along with a new deck
detached pool house at their residence. We have submitted plans (enclosed) to the City and the
Planning Department has suggested we reach out to our immediate neighbors and to get your feed
back/approval for the project.
As you can see from the enclosed plan, the pool has been relocated and a new deck is attached to
the existing home connected to the proposed pool house. No other changes are proposed to the
main residence. We believe location of the new pool house and adjacent patio will not create any
invasion of privacy issues as far as our neighbors are concerned.
We would welcome your comments regarding this project. Please let us know. If it meets with
your approval we would appreciate your signing off that you have no objection to the proposed
plans and returning. These letters will accompany our other application materials when we make
our presentation to the Planning Commission.
Please let us know if you have any questions or comments and we very much appreciate you
support.
Charles Holman Design Associates
650-747-0769
Charlie@charlesholman.com
kelly_hirano@yahoo.com
If you have no comments, and the project meets with your approval, we would very much
appreciate that you sign the attached copy of this letter and return it to us in the stamped return
envelope.
I, _____________________________________________
Neighbor at address_______________________________
Approve of the project as drawn.
Signed_________________________________________Date_________
From:Beth Ebben
To:Catarina Kidd
Subject:FW: Strong opposition to request for hillside exception for pool, patio, and pool house at 11406 Lindy Lane
[Charles Holman/Mahoney residence] (APN# 356-24-011/Application No. EXC-2016-08).
Date:Monday, March 13, 2017 8:43:00 PM
From the Planning Department’s general mailbox:
From: sara arzeno [mailto:s.arzeno@gmail.com]
Sent: Monday, March 13, 2017 11:05 AM
To: City of Cupertino Planning Dept.
Subject: Strong opposition to request for hillside exception for pool, patio, and pool house at 11406
Lindy Lane [Charles Holman/Mahoney residence] (APN# 356-24-011/Application No. EXC-2016-08).
planning@cupertino.org
Please confirm receipt of this message. :-)
To the City of Cupertino Planning Department,
We are writing to express our strong opposition to the request for hillside exception to build
pool, patio, and pool house at 11406 Lindy Lane [Charles Holman/Mahoney residence] (APN#
356-24-011/Application No. EXC-2016-08).
Lindy Lane history includes at least one catastrophic hillside at 21852 (James residence)
subsequent to construction of pool etc. on the hill.
Zoning/building laws for hillsides/slopes have been designed and enacted precisely to avoid
future damage and destruction to the hillside communities. There is no justification to
provide exceptions that would endanger the hillside residents and their homes, especially in
an area with a demonstrated precedent for devastating slides.
We imagine city engineers will be examining the potentially destructive environmental impact
of this request and city planners will be evaluating the unreasonable risk and potential
dangerous consequences associated with such a request.
Living in a hillside community requires respect for the environmentally sensitive geography
and for the community and residents. It is hard to imagine that the desire to build a pool and
outbuildings could possibly trump the safety of an entire community of residents.
We appreciate the opportunity to voice our concerns and opposition.
Kindly confirm of receipt of this message.
Regards,
Sara Arzeno
21902 lindy lane
Cupertino, CA
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From:Beth Ebben
To:Catarina Kidd
Subject:FW: (APN# 356-24-011/Application No. EXC-2016-08) - Please Confirm Receipt
Date:Tuesday, March 14, 2017 1:41:26 PM
From the Planning Department’s general mailbox:
From: Jonathan Arzeno [mailto:jonatharz@gmail.com]
Sent: Monday, March 13, 2017 8:55 PM
To: City of Cupertino Planning Dept. <planning@cupertino.org>
Subject: (APN# 356-24-011/Application No. EXC-2016-08) - Please Confirm Receipt
To Whom it May Concern,
My name is Jonathan Arzeno and I am a lifelong resident of Cupertino, and I am writing to
express my strong opposition to the request for hillside exception to build pool, patio,
and pool house at 11406 Lindy Lane (APN# 356-24-011/Application No. EXC-2016-08). I
feel lucky to have the privilege to live in this city for the past 22 years and am proud to live in
such a beautiful area. One thing that I have always cherished about Cupertino is the beautiful
natural environment that surrounds our community.
As a student at Regnart Elementary, Kennedy Middle School, and Monta Vista High School, I
have extremely fond memories of looking out to the surrounding beautiful and open hills cape
that surrounded me with joy. The open hills behind my house, at 21902 Lindy Lane, provided
a natural escape during my childhood and an area in which I could enjoy just being a kid in a
beautiful and natural environment. I have spent countless hours exploring the open areas that
surround and define Cupertino.
Recently, I have become increasingly concerned by the aggressive onslaught of development
in Cupertino. It seems that each time I walk through Fremont Older Open Space, a newly
constructed house dots the landscape - slowly but surely developers are encroaching on the
land that the City once promised the residents of Cupertino would be theirs to enjoy as nature
forever.
The question I ask, is when will the City of Cupertino stand up for what is in the best interest
of the residents of our community rather than caving in to the demands of developers? I ask
the City of Cupertino to please think about the irreversible effects of such aggressive and
untamed development, and in this case, especially the dangers of overlooking established
regulations in a hilly and earthquake-prone residential community. This regulations exist for a
reason, and I urge you not to overlook their value. The potential for both personal and property
damage that this specific request could bring to many residents brings far outweighs the right
that one resident has to build a pool in an area the city has already deemed unfit for such
development. The owner of that house, bought the property knowing the regulations, and
cannot simply change the rules of the game to fit their own needs.
The decision here should be fairly simple. Cupertino has for too long caved into developers
rather than acting in the best interest of residents. Please, protect the beautiful community that
we live in as well as the safety of the residents of my neighborhood. Do not allow this
development. I cannot attend the meeting on this due to the fact that I will be at work, but
please feel free to reach out to me with any questions. I strongly oppose this development
effort, and again urge you to act in favor of the majority rather than yet another resident who
wishes to hurdle city regulations in pursuit of reckless development.
Best,
Jonathan Arzeno
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From: jonatharz@gmail.com
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From:Catarina Kidd
To:"sara arzeno"
Subject:RE: WRONG ADDRESS? Strong opposition to request for hillside exception for pool, patio, and pool house at
11406 Lindy Lane [Charles Holman/Mahoney residence] (APN# 356-24-011/Application No. EXC-2016-08).
Date:Monday, March 20, 2017 10:31:00 AM
Sara,
Please add to your contact information my direct email: catarinak@cupertino.org
Jeff told me your message from Friday.
As advised in my earlier email to you, the owner is looking to revise plans and therefore it will be re-
noticed in any case.
We have noted the error of “Lane” rather than “Place”, so it will be corrected as well.
Please call me directly if there are any questions.
Sincerely,
Catarina S. Kidd, AICP, Senior Planner
City of Cupertino | Community Development
10300 Torre Avenue, Cupertino, CA 95014
408-777-3214 | catarinak@cupertino.org
From: sara arzeno [mailto:s.arzeno@gmail.com]
Sent: Monday, March 20, 2017 9:06 AM
To: City of Cupertino Planning Dept. <planning@cupertino.org>
Subject: WRONG ADDRESS? Strong opposition to request for hillside exception for pool, patio, and
pool house at 11406 Lindy Lane [Charles Holman/Mahoney residence] (APN# 356-24-
011/Application No. EXC-2016-08).
Hello again Catarina,
I spoke with Jeff/Geoff(?) on Friday to confirm that there appears to be an error on the
communication sent out regarding the 30% hisslide exception. He told me he would email
you and cc me - but I do not see an email from him,
To recap the conversation briefly, the address the city used on the communication to all
potentially affected residents is incorrect - the message indicates the property is on Lindy Lane
(no such address on Lindy Lane) - which is why so many of us were confused. We believe the
address should be Lindy Place which is very different and on a very steep hillside above those
of us living on Lindy Lane.
We imagine that the city will therefore need to re-send all the communications with the correct
information and re-start the process to allow folks a chance to respond.
Please confirm receipt of this message and let us know what the next steps will be.
Many thanks and kind regards,
Sara
On Mon, Mar 13, 2017 at 11:05 AM, sara arzeno <s.arzeno@gmail.com> wrote:
planning@cupertino.org
Please confirm receipt of this message. :-)
To the City of Cupertino Planning Department,
We are writing to express our strong opposition to the request for hillside exception to build
pool, patio, and pool house at 11406 Lindy Lane [Charles Holman/Mahoney residence]
(APN# 356-24-011/Application No. EXC-2016-08).
Lindy Lane history includes at least one catastrophic hillside at 21852 (James residence)
subsequent to construction of pool etc. on the hill.
Zoning/building laws for hillsides/slopes have been designed and enacted precisely to avoid
future damage and destruction to the hillside communities. There is no justification to
provide exceptions that would endanger the hillside residents and their homes, especially in
an area with a demonstrated precedent for devastating slides.
We imagine city engineers will be examining the potentially destructive environmental
impact of this request and city planners will be evaluating the unreasonable risk and
potential dangerous consequences associated with such a request.
Living in a hillside community requires respect for the environmentally sensitive geography
and for the community and residents. It is hard to imagine that the desire to build a pool
and outbuildings could possibly trump the safety of an entire community of residents.
We appreciate the opportunity to voice our concerns and opposition.
Kindly confirm of receipt of this message.
Regards,
Sara Arzeno
21902 lindy lane
Cupertino, CA
From:Beth Ebben
To:Catarina Kidd
Subject:FW: Opposition to hillside exception to build pool etc.
Date:Monday, March 13, 2017 8:40:12 PM
From the Planning Department’s general mailbox:
From: Mohammed Hossain [mailto:sharminsalim2@gmail.com]
Sent: Monday, March 13, 2017 7:26 PM
To: City of Cupertino Planning Dept.
Subject: Opposition to hillside exception to build pool etc.
To the City of Cupertino Planning Department,
We are writing to express our strong opposition to the request for hillside exception to build
pool, patio, and pool house at 11406 Lindy Lane [Charles Holman/Mahoney residence] (APN#
356-24-011/Application No. EXC-2016-08).
Lindy Lane history includes at least one catastrophic hillside at 21852 (James residence)
subsequent to construction of pool etc. on the hill.
Zoning/building laws for hillsides/slopes have been designed and enacted precisely to avoid
future damage and destruction to the hillside communities. There is no justification to
provide exceptions that would endanger the hillside residents and their homes, especially in
an area with a demonstrated precedent for devastating slides.
We imagine city engineers will be examining the potentially destructive environmental impact
of this request and city planners will be evaluating the unreasonable risk and potential
dangerous consequences associated with such a request.
Living in a hillside community requires respect for the environmentally sensitive geography
and for the community and residents. It is hard to imagine that the desire to build a pool and
outbuildings could possibly trump the safety of an entire community of residents.
We appreciate the opportunity to voice our concerns and opposition.
Kindly confirm of receipt of this message.
Regards,
Mohammed Hossain
Sharmin Hossain
21882 Lindy Lane
Cupertino, CA
From:Larry Wilson
To:Catarina Kidd
Cc:Larry Wilson
Subject:Re: 11406 Lindy Place
Date:Monday, May 15, 2017 1:23:21 PM
Attachments:ATT00001.htm
Teledyne Eng Svcs Tech Rpt 10427-1.pdf
Hi Catarina,
I am attaching the Rhodes and Purcell soil report which we mentioned earlier. I was unhappy
to note that Murray did not reference the Rhodes and Purcell report in their report since I had
shared a copy of the Rhodes and Purcell report with Murray when they were doing their field
tests.
Please make this document available along with the other documents relating to this matter.
Larry
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To: catarinak@cupertino.org
From:
dreamproperties@icloud.com
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On Apr 27, 2017, at 7:56 AM, Catarina Kidd <CatarinaK@cupertino.org> wrote:
Larry,
We only post materials for each homeowner’s specific application/location, but if you
want to provide a public comment/letter and attach the report as part of your letter, I
can add it that way.
Sincerely,
Catarina S. Kidd, AICP, Senior Planner
City of Cupertino | Community Development
10300 Torre Avenue, Cupertino, CA 95014
408-777-3214 | catarinak@cupertino.org
From: Larry Wilson [mailto:dreamproperties@icloud.com]
Sent: Wednesday, April 26, 2017 3:46 PM
To: Catarina Kidd <CatarinaK@cupertino.org>
Cc: Larry Wilson <dreamproperties@icloud.com>
Subject: 11406 Lindy Place
Catarina
I want to make certain that you are going to include the Rhodes and Purcell Soil
report when you post on the website the material that is available for review.
Please respond to this request.
Larry W. Wilson
11446 Lindy Place
Cupertino CA 95014
408 255 3984
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From:
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