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12. Appeal Krishnapura/Mittal-.: ~: L. M~.-. can of CUP~f~T1N4 SUMMARY Agenda Item No. j~. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Department Agenda Date: September 36, 2008 Application: Appeal of Planning Commission decision (no applications) Applicant: Chia-Ching I~in Owner: Shesha Krishnapura and Malini Minasandram Location: 21947 Lindy Lane Appellants: Seema Mittal & Sarvesh Mahesh APPLICATION SUMMARY Consider an appeal of the Planning Commission approval of architectural and site plans for a proposed 4,499 square-foot, two-story, single-family residence with basement in a R1-20 zoning district. RECOMMENDATION The Council has the options to either: a) Uphold the Planning Commission s decision (i.e. deny the appeal); or b) Uphold the appeal; or c) Uphold the appeal with modifications. BACKGROUND On July 22, 2008, the Planning Commission reviewed and approved on a 4-0 vote {Giefer absent) the architectural and site plans for a proposed 4,499 square-foot, two- story, single-family residence with basement in a R1-20 zoning district (Exhibit B-1, C-1 & D-1). The property is within the Lindy Lane area that was rezoned by the City Council in October 2007. "This is the first new residence that has been reviewed by the City since the zoning ordinance took effect. DISCUSSION: Review Process: The size of the new residence falls below the threshold for discretionary design review by the City and under normal circumstances such a residence would be approved with just a building permit. Because of the past history of controversy over 12-1 Appeal of Residential Design Approval for 21947 Lindy Lane September 16, 2008 Page 2 new developments in this area, staff directed the applicant to erect story poles, and staff mailed notices and plans for the pending development to surrounding property owners within 300 feet. Because of the Ievel of concern about the project, staff continued to refine the design with the applicant and try to address neighbor concerns. Based on the submitted comments and -past controversy over development, the Director of Community Development elected to refer the plans to the Planning Commission for review and decision. Environmental Reviezc~: Staff found the project categorically exempted from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332: In-Fill Development Projects. Staff notes that the applicant has commissioned a geologist to conduct necessary geotecl~-iical investigations for the development of the property that will be reviewed by the City Geologist at the building permit stage~of development. Such geotechnical studies and City review were also required of both the upslope and dowrislope properties during building permit-plan check. The development of these two residences were also categorically exempted from environmental review. Appeal: The adjacent upslope neighbors, Seema Mittal and Sarvesh Mahesh, residing at 21949 Lindy Lane, are appealing the Planning Commission s decision for the following reasons (Exhibit A-1): 1. The project, as currently proposed, is not compatible with the scale and design of the other residential uses in the neighborhood. 2. The project will have a severe, adverse impact on my property due to its uuompatibie mass and scale, resulting in: a. Significant obstruction to sunlight, daylight and air circulation for the passive solar design and energy efficiency features, which are an integral part of the design of my house. b. Significant, adverse visual impact to the views from all our living spaces on the first floor and outdoor patio areas. c. The mass and scale of the structure and very deep excavations, in combination with its proxu'nity to our property line, may pose a potential threat to hillside stability, during construction and after completion. Sta f f Responses to Appeal: Each of the Appellant's assertions are listed below in boldface, followed by staff's response in italics. 1. The project, as currently proposed, is not compatible with the scale and design of the other residential uses in the neighborhood. ~2-22 Appeal of Residential Design Approval for 21947 Lindy Lane September 16, 2008 Page 3 Response: The proposed house is 1,000 square feet smaller than the two abutting residences, but larger than many of the older residences in the neighborhood. There are a mixture of architectural styles in the neighborhood. The proposed house was designed to bridge the design differences between the older, ranch style houses and the varied architecture of more recently built residences.' Overall, staff believes tlae proposed house creates an acceptable balance between the older and nezc~er residences in the neighborhood. The tu~o abutting homes on~ Lindy Lane constructed in 2005-0& have second stories that are 35% of the fast story, which were the zoning regulations in effect at the tune of their construction. Tlie proposed house has a proportionally larger second story tluzt is 74.3 % of tl~e first floor, which is allozc~ed by the recent zoning amendments for this area. 2a. The project will have a severe, adverse impact on my property due to its incompatible mass and scale, resulting in significant obstruction to sunlight, daylight and air circulation for the passive solar design and energy efficiency features, which are an integral part of the design of my house. Response: Compliance with the R-1 building setbacks and building envelopes is by definition providing adequate air and light to adjacent residential parcels. The building separations betzneen the applicant's lot and t)ze upslope tot are generally greater than the minimum building setbacks zcrith most of the proposed second story wall length being 14 to 17 feet away from the property line and 27-30 feet away from the upslope residence wall. In reviewing Slieet A-8, the elevation of the second floor of the proposed residence is below the elevation of the first floor of the upslope residence. The view from the upslope residence of t11e proposed residence is essentially that of a recessed'one-story dwelling. INit11 regard to solar design (as articulated in the R1 zoning ordinance), tJze City may allow variances to setback and Height to accommodate passive or active solar equipment or house design, but no such modified structure shall infringe upon adjoining property oulners. 2b. The project will have a severe, adverse impact on my property due fo its incompatible mass and scale, resulting insignificant, adverse visual impact to the views from all our living spaces on the first floor'and outdoor patio areas. Response: The City does not regulate the protection of private property views in hillside areas (See Cupertino Municipal Code Section 19.40 050(L)). The City would create a very undesirable precedent to grant an adjacent property owner a right to a view through a neighbor's property. There are no private view shed easements on the properties. As the plans are proposed the lwuse occupies a middle elevation that maintains or creates a second stort'viezi~ for each of the three adjacent lots (upslope, middle (applicant's property), and doumsiope). 12-3 3 Appeal of Residential Design Approval for 21947 Lindy Lane September 16, 2008 Page 4 2c. The project will have a severe, adverse impact on my property due to its incompatible mass and scale, resulting in very deep excavations, in.combination with its proximity to our property line, may pose a potential threat to hillside stability, duxing construction and after completion. Response: The type of cut and fill proposed by t)ie applicant is not prohibited by the R1 zoning ordinance. The applicant is already conducfing the geotechnical investigations to ensure the creation of a safe and stable building site that will be reviewed by the City Geologist of the building permit stage of development. The Planning Commission also made geotechnicai review a mandatory requirement of its design approval of the residence. Both upsIope and downslope residences have similar retaining walls retaining upsIope soils, so we know it has been done in this area and tlzey are effective in creating stable building sifes. Enclosures Exhibit A-1: Appeal Form and Email Exhibit B-1: Planning Commission Resolution No. 6522 Exhibit C-1: Planning Commission staff report dated July 22, 2008 Exhibit D-1: Planning Commission July 22, 2008 meeting minutes (draft) Pxepared by: Colin jung, Senior Planner Submitted by: Approved by: ~sI Steve Piasecki Steve Piasecki David W. app Director, Community Development City Manager G:Planni~zg/PDREPORT/CC/2008/21947 Lindy Ln AppeaLdoc 12-~ EACh[blt ~ ~ .~. -' Cifiy of Cnperf~ino 10300 T©rre Avenue C U P E RTI t~ ~ Cuper~m4, CA 9501 {40S} 77'7-3223 AP~~~ U ~ v ~ ~ ti AUG 6 20~~ CUPERTIN~ CITY CLERK 1. Application-~ia. •2008 6'c't~ll~ ~•i'~-~U--f ~-~^~S A? Z)~ ~7 u(.~ 2. Applicant(s) Name: ~H t~ - G~"A~11~1c~t Ll }~... . 21q~-~-7 ~..)N~ !_.,hl . 3. ~ `APF~us) Narr~e: ~ cJ~'~~~~ ~ IT[-~C~-- `~ ~S~cCUl~~ j`~l}~'~s~' Address 21 ~1 {k°t Lt ~D`~' {~c1~1~ W ~~Tl ~ ~ °~ Sd t ~ Phone Number '~"~ ~~ = ~"~S'33~' .o~ti~ ~~ g. 4. Please check one: ~ . s ~ Appeal a derision of Director of Community Development Appeal a decision of Director of Public works - Appeal a decision of Planni~ Co>~ni.ssion 5. Date of detenninai~on ¢f Director or rilailing of notice of City decision: ~~,> -- SV L O ~ ~ .. 6. Basi§ ,af appeal: ~ 'j~-E.~ G~l TY' . U-}~PT t `3 • t 3 ~ ~pu~~SU~.NT Tc~ ~V1~IGlP~AL ~D~~ V~~ ~ ~Pp1~r~r -~-~ E ~ ~~ ~ o ~~ ~ ~ ~ ~ r rYc~ c-r~t~f h~ t ~ 1 ~ 1~l ©N ~t11.~. ZZ~~ 7.008, LQ ~1 L~~ -f}a ~ ~ R-o P~--T`~ two ~P~'i~p . AT :21~ ~Z t.~ av DY l.~v r C~V P p~-= ~1 tit o . Signatare.(s) ~~ Please complete form, include appeal fee of $ l 56.0U pursuant to Resolution No. 07-056 (~ 154.0 for z~.assage application appeals), and return to the attention of the City Clerk, 103Q0 Torre Avenue, Ci>:pertino, (448} 777-3223. 12-5 Page 1 of 1 Colin Jung From: Grace Schmidt , Sent: Thursday, August 14, 2008 8:23 AM To: Colin Jung Cc: Traci Caton Subject: FW: Appeal reason -from 21949 Lindy lane Importanc e: Fligh -----Original Message----- From: seemam@mmcast.net [mailto:seemam@comcast.net] Sent: Wednesday, August 13, 2008 5:46 PM To: Grace Schmidt Cc: seemam@comcast.net; sanresh.mahesh@tavant.com Subject: Appeal reason-from 21949 Lindy lane Grace, Thanks for being patient. I finally found an Internet place here in the wilderness that is working at SNAIL's PACE!!! We will be putting together a more detail report later, but in summary the reasons are: 1.The project, as currently proposed, is not compatible with the scale and design of the other residential uses in the neighborhood 2.The project will have a severe adverse impact on my praperty due to its incompatible mass and scale, resulting in: a. Significant obstruction to sunlight, daylight and air circulation for the passive solar design and energy efficiency features, which are an integral part of the design of my house. b. Significant adverse visual impact to the views from all our living spaces on the first floor and au#door patio areas. c. The mass and scale of the structure and very deep excavations, in combination with its proximity to our property line, may pose a potential threat to hillside sfability, during construction and after completion. Please email Jcall me if you have questions. We return on Sunday. Also I would like to know the final date of the hearing as soon as it is final and also by when you need the material that will need to be circulated to the Council members prior to ythe hearing. Please confirm that you have recieved this mail. Thanks, Seema 72-6 9/2/2008 Exhibit B ~ 2 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0.6522 OF THE PLANNING COIVIl~~IISSION OF THE CITY OF CUPERTINO APPROVING A RESIDENTIAL DESIGN PERMIT FOR A NEW 4,499 SQUARE FOOT, 2-STORY SINGLE FAI~IILY RESIDENCE AT 21947 LINDY LANE SECTION I: PROTECT DESCRIPTION Application No.: 2008 Site and Architectural flans for a residence at 21947 Lindy Lane Applicant: ~ Chia=Ching Lin {Kri~hnapuxa 8~ Minasandram Residence) Location: 21947 Lindy Lane SECTION TI: FINDINGS V'VFiEREAS, public notices have been given in accordance with the1'rocedural Ordinance of the City of Cupertino, and the Planning Commission has held one -or more public hearings on this matter; and V1~HEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or. improvements in the vicinity, anal, will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General- Plan, and zoning ordinance; 3. The proposal will use materials, design elements and simplified building forms that compliment the existing. and neighboring structures that make it harmonious in scale and design with the general neighbvrliood; • - 4. Adverse visual impacts on adjoining properties have been reasonably mitigated in that the building pad was lowered three feet and the height of the garage was reduced to reduce the height of the retaining wall and garage wall facing the downslope residence. The lowered pad height also reduced the perceived height of the proposed house facing the upslope residence such that the view from~upslope is that of just a recessed, single-story residence. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony anal other evidence submitted in this matter, the architectural and site plans are hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; and 12-7 Resolution No. 6522 2008 Arch. & Site Plans for 21347 Lindy Lane ~ July 22, 2008 Pa e 2 That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning the residential design permit for 21947 Lindy Lane set forth in the Minutes of the Planning Commission meeting of July 22, 2008, and are incorporated by reference as though fully set forth herein. SECTION III. ~ CONDITIONS ADMINISTERED BY THE COM~IVITJNITY DEVELOPMENT DEPT. 1. APPROVED PIi.O ECT Approval is based on plan set titled: "New Residence for Sheshaprasad Krishnapura & Malini 1~Iinasandram, 21947 Lindy Lane, Cupertino, CA 94043" consisting of 13 sheets labeled A-0 through._A-B, A1.1, _ C 1,,C-2 and L-1, dated April_ 4, 2008_, except as amended by the Conditions contained in this Resolution. Z. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set ~foxth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute wriften notice of a , statement of the amount of such fees, and a description of the dedications, reservations, and othex 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 D-day period complying with all of the requirements of Section 66020, you will be legally barred from later r_ballenging such exactions. 3. GEOTECHNICAL REVIEW Prior to ,building permit approval, basement, retaining walls, grading and drainage shall be evaluated and designed by the applicant's geotechnical engineer and reviewed and approved by,the City Geologist and City. 4.~ GDNS'TRUCTIOhT 1~dIANAGEMENT PLAN _: __ _ _- _ .. _ _ _ . - _. _ - ~ In conjunction with the building permit review, the applicant sham submit a construction management plan to address staging of construction materials, Loading and unloading areas and pang for construction vehicles.. The Dixector of Community Development shall review and approve that plan. .4 5. REPLACEMENT OF DEAD COAST LIVE OAICS The two dead coast live oaks shall be replaced with two, new 36" box oaks prior to occupancy. (. EASTERL~I RETAINING WALL SETBACK The easterly retaining wall shall be set back eight ($} feet from the side property line in 1'ocations where privacy landscaping is required. - 12-8 Resolutson No. 6522 20Q8 Arch & Site Plans for 21'347 Lindy Lane July 22, 2008 Page 3 PASSED AND ADOPTED this ~ day of July 2008, at a Regular Meeting of the Plaxuvng Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller, Brophy, Kaneda, Rose NOES: COMMISSIONERS: nave ' ABSTAIN: CONIlVIISSIONERS: none ABSENT:COMMISSIONERS: Vice Chair Giefer ATTEST: Js/ Steve Piasecki Steve Piasecki Director of Community Development APPROVED: Js/ Marty Miller Marty Miller, Chairperson Planning Commission r a: G:CupEnt/Planning/Pdreport/Res/2(H38/under R 2008-14, RM 2008-16 res.doc '12-s Exhibit C -1 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: no applications (see Discussion, first paragraph} Agenda Date: July 22, 2008 Applicant: Chia-Ching Lin Property Location: 21947 Lindy Lane, APN 356-25-029 APPLICATION SUMMARY: J Director's referral of architectural and site plans for a new, two-scary 4,499 square-foot single-family residence with basement RECOMMENDATION No recommendation PROJECT DATA: Lot Area: 20,473 square feet Existing Zoning: R1-20 (Single-Family Residential, minimum lot size 20,000 sq. ft.) Basement Area: 1;977 sq. ft. First Floor Area: 2,040 sq. ft. (w/ o garage) Garage Area: 541 sq. ft. Second Floor Area: 1,918 sq. ft. Total Floor Area (w/o basement): 4,499 sq. ft. Total Floor Area (w/ basement}: 6,476 sq. ft. (basement not countable toward building area) Maximum Floor Area: 5,500 sq. ft. (not FAR-based, restricted by property covenant) Floor Area Ratio: 22% of 2nd Floor to 1St Floor 1St Story Front Setback: 1St Story Side Setbacks: 15t Story Rear Setback: 211d Story Front Setback: 2nd Story Side Setbacks: 2nd Story Rear Setback: Grading Quantity (cubic yards): Cuf and fill, basement grading excluded. On-Site Parking: BACKGROUND Proposed Minimum Requixed (Maximum Limit 74.3 % not limited, (but FAR< 45 %) 56'- 4" 20' 9',14'-11" combination of 15', no side less than 5' 80'- 9" 20' 56'- 4" 25' 20'- 4", 32'-6" combination of 25', no side less than 10' 90' 25' 1,268. (2,500) 2 enclosed 2 enclosed 4+ unenclosed 4 unencIosed The applicant (Chia-Ching Lin) is proposing to construct a 4,499 square-foot, two-story residence with basement on a 20,473 square foot lot located along the north side of Lindy Lane. The immediate neighborhood is predominately older, ranch style, one to 12 - 10 Arch. Plans for 21947 Lindy Lane July 22, 2008 Page 2 two story homes. Newer dwellings are all larger, two-story homes with a variety of architectural styles and building finishes. Most of the homes in this northerly Lindy Lane. area are on lots of 20,000 square feet or more. The neighborhood has asemi-rural character without any sidewalks or street lights. . The neighborhood of homes on the south side of Lindy Lane are also largely, ranch style, two-story dwellings with a more suburban character because of the regimentation of 10,000 square foot lots along the toe of the slope and larger lots upslope. History The property is Lot 2 (middle Iot) of ~a 1.6-acre, 3-Iot subdivision on Luldy Lane, commonly known as the "Moxley Property", that was approved by the Planning Commission on July 9, 2001. In 2004, the City Council subsequently approved the final map and subdivision improvement plans. The subdivision created three lots of slightly over 20,000 square feet each. In that same year, the Planning Commission expressed concern about the size of the houses that could be built on the three lots, and discussed the possibility of rezoning the property from its current R1-20 designation to Residential Hillside. In Iieu of the rezoning, Mr. Moxley agreed to a covenant to limit the size of all structures to 5,500 square feet on each lot. The three lots were subsequently sold to different property owners. The owners of Lots 1 and 3 (21949 and 21943 Lindy Lane) were issued building permits for roughly 5,500 square foot homes in 2005 before generally more restrictive R1 zoning ordinance amendments went into effect. ~ Thus, none of the newer homes on Lindy Lane: 21949, 21943 and the adjoining 21951 (building permit issued in 2003) had discretionary single- family design review because all fell below the planning permit thresholds in effect at the time. The construction of each house has been controversial with some neighbors. As a result of site preparation for Lot #2 conducted by the subdivider, five specimen size oaks were removed from Lot #2 -four approved for removal, one not. The replacement requirement in the tentative map was one-for-one with the replacement being a 36" box oak. The five new oaks were planted in 2007 and axe shown on the plan set. DISCUSSION Neighborhood -Concerns . In May 2008, the applicant erected story poles and staff mailed a notice and plans to surrounding property owners within a 300 feet radius, notifying them of the pending residential development. Because of the Ievel of concern about the project, staff continued to refine the design with the applicant and try to address neighbor concerns. 12 - 11 Arch. Plans for 21947 Lindy Lane Page 3 July 22, Zoos Because of the past history of controversy and the enclosed submitted comments (Exhibit A), the Director elected to refer the plans to the Planning Commission for review and decision. Staff has received letters,.emails and telephone calls from nine neighbors with one email of support. The neighborhood concerns are summarized below: • Protect redwood trees on property. (Note: There are no redwood trees on this property) • Address construction impacts on the neighborhood. • Relocate house to protect valley views of house on upper lot (Lot #1). • A stepped foundation would conform better to the slope of the land, rather than, the cut and fill that creates a flat pad. • Not fond of stone exterior for the entrance. • Privacy protection plan should include the front yard to screen views of the house from the south side of Lindy Lane and Lindy Place. • Discrepancies in the location of the easterly sideyard retaining wall and the overall wall height is too tall. • The proposed house appears to be inconsistent with the letter and intent of the R1 zoning ordinance, which is to enhance the identity of residential neighbors; ensure provision of light, air and a reasonable level of privacy; ensure a reasonable level of compatibility in scale of structures within neighborhoods; and'reinforce the predominantly low-intensity setting in the community. • Second floor and balcony shall be consistent with the requirements from the Residential Hillside (RHS) zoning district. • Project creates significant and adverse impact to passive solar design and natural- lighting. • Project will block views of the valley, and sunrise views (from the first floor) during certain times of the year. • Project encroaches into the required one-story building envelope, which is measured from natural grade, not finished grade. • The mass of the second story is much larger than the second story mass of the adjacent residences and is not compatible. • Retaining walls are proposed Iess~than 5 feet from the property line and potentially threaten existing support piers for the uphill property. Please refer to exhibit A for additional details on~the neighbors' concerns. Neighborhood Compatibility One of the principal purposes of the R1 Ordinance- is to ensure a reasonable level of compatibility in scale of structures within a residential neighborhood. This is basically achieved by having developments adhere to a set of specific development parameters (i.e., maximum lot coverage, floor area ratio, building heighf, second floor to ground floor ratio, building setback, building envelope) to curtail development intensity to a 12 - 12 Arch. Plans for 21947 Lindy Lane ~ July 22, 2008 Page 4 level generally accepted by the community. Typically the City has allowed new homes to be maximized within the approved framework of the R1 Ordinance provided that the design and the style of the home are consistent and/or compliment the neighborhood. Building permits were issued in 2005 for the Lof 1 (upslope) and Lot 3 (downslope) homes. Both owners elected to build up to the maximum, which is 5,500 square feet and their second-stories were limited to 35% of the first story, which were the zoning rules in effect at the time of construction. The zoning regulations for this area changed in November 2007 and the owner of Lot 2 has elected to build a smaller house (4,500 square feet}, set it back from the front driveway; and build a larger second story (74.3 of the first floor), which is allowed by the new zoning amendments. The applicant has modified the design to eliminate its previously heavy appearance and to achieve greater neighborhood compatibility between the older, smaller ranch-style homes and the newer, larger Homes of mostly European and modern architectural styles. The concrete file roof was changed to a lighter slate or clay file roof. The roof veneer was removed from the turrets and entrance and limited to just the base of the house. Thick balcony balustrades were replaced with the thinner iron-steel railings. The applicant will also be adding fenestrations to the windows to break up overall window sizes. Overall staff believes ~tlie applicants will be creating an acceptable balance between the older and newer residences in the neighborhood. Retaining WaII Height & Location The applicant has lowered~the building pad three feet to reduce the height of the retaining wall facing the downslope property to b feet or under. Retaining walls meet property line setback regulations and will be reviewed, along with the basement and foundation, by the applicant's geotechnical engineer and the City''s geologist prior to building permit approval. Lowering the building pad, raises the height of the upslope retaining wall by three feet, but that wall is not visible to the upslope property owner. The R-1 ordinance requires retaining walls in excess of five feet.to be screened with landscaping or faced with decorative materials. Construction Activities A construction management plan should be required as part of a building permit application. Construction activities must meet the City noise ordinance and required construction hours. The applicant will address this at the hearing. Li ht and Air Obstruction of Passive Solar House Desi and Obstruction of Views Compliance with the R-1 building setbacks and building_ envelopes is by definition providing adequate air and light to adjacent residential parcels. Building separations between Lot 2 and Lot 1 (upslope) is even generally greater than the minimum building setbacks with most of the proposed second story wall length 14 to 17 feet away from the property line and 27-30 feet away from the upslope residence wall. In reviewing Sheet 12-13 Arch. Plans for 21947 Lindy Lane jay ~~ 2ppg Page 5 A-8, the elevation of the second floor of the proposed residence is below the elevation of the first floor of the Lot 1 {upslope) residence. The view from the Lot ~. residence is essentially that of a recessed one-story dwelling. The solar design aspects of the R1 zoning ordinance have been misinterpreted by the neighbors (Exhibit B). While the City may allow variances to setback and Height to accommodate passive or active solar equipment or house design, no such modified structure shall infringe upon solar easements or adjoining property owners. There are no solar easements on the properties. The City does not regulate the protection of views in hillside areas (Exhibit C: CMC ' section 19.40.050(L)). As the plans are proposed the Lot 2 house occupies a middle elevation that maintains or creates a second story view for each of the three adjacent lots. There are no viewshed easements on the properties. Privac.~ection The project is screened from Lindy Lane by the presence of the mature trees downslope from the property and the existing house on Lot 3. The project will be required to adhere to the required privacy protection standards outlined in the R1 Ordinance, which include screening of second story window and balcony views into adjacent side and rear yards. Landscape screening was not required for rear yard views because the rear yard property owner is at a grade elevation above the second floor of the proposed house. The ordinance allows adjacent property owners to waive or modify those landscaping requirements in writing in the event that privacy landscaping is not wanted. Submitted by: Colin Jung, Senior Planner Approved by: Steve Piasecki, Director of Community. Developm # ENCLOSURES Model Resolution for approval . Model Resolution for denial (available at hearing) Exhibit A: Neighbor comments Exhibit B: Excerpt from solar provisions of R1 Ordinance Exhibit C: Excexpt from Views and Privacy provisions of RHS Ordinance Plan Set H:CuptNt/Planning/Pdreport/pcReports/2007/2007 Arch Plans 21947 Lindy Lane.doc 12 - 14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A RESIDENTIAL DESIGN PERMIT FOR A NEW 4,499 SQUARE FOOT, 2-STORY SINGLE FAMILY RESIDENCE AT 21947 LINDY LANE SECTION I: PROTECT DESCRIPTION Application No.: 2007 residential design permit Applicant: Chia-Ching Lin (Krishnapura & Minasandram Residence} Location: 21947 Lindy Lane . SECTION II: FINDINGS WHEREAS, public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the ~ applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, - safety, general welfare, or convenience; . 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; - 3. The proposal will use materials, design elements and simplified building forms that compliment the existing and neighboring structures; NOW, THEREFORE, BE TT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the architectural and site plans are hereby approved subject to the conditions which are enumerated i_n this Resolution begitu~ixtg on page 2 thereof; and That the subconelusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning the residential design permit for 21947 Lindy Lane set forth in the Minutes of the Planning Commission meeting of July 22, 2008, and are incorporated by reference. as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE CONIlVIUNITY DEVELOPMENT DEPT. 12 - 15 Resolution No. 5490 ASA-2007-12 November 13, 2007 Page 2 1. APPROVED PROTECT Approval is based on plan set titled; "The Krishnapura s New Residence/21947 Lindy Lane/Cupertino, CA 95014" consisting of 13 sheets labeled A-0 through A-8, A1.1., C- 1, C-2 and L-1 dated 4/4/08, except as amended by the Conditions contained in this Resolution. 2. 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. 3. GEOTECHNICAL REVIEW Prior to building permit approval, basement, retaining walls, grading and drainage shall be evaluated arid designed by the applicant's geotechnical engineer and reviewed and approved by the City Geologist and City. 4. CONSTRUCTION MANAGEMENT PLAN In conjunction with the building permit review, the applicant shall submit a construction management plan to address staging of construction materials, loading and unloading areas and parking for construction vehicles. The Director of Community Development shall review and approve that plan. PASSED AND ADOPTED this 22nd day of July 2008, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following xoll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Marty Miller, Chairperson Director of Community Development Planning Commission G:Cuptnt/planning/Pdreport/Res/2007/2007 Arch & Site Plans for 21947 Lindy Lane approval.doc 12-16 EXH1BlT A Telephonic Comments from Neighbors concerning development plans for 21947 Lindy Lane. 1. From Andrew Tan, 21932 Lind~Lane: He is concerned about the three redwood trees across from his house and does not want to see them removed. He also does not want any construction to be too noisy. 2. From Bill Guen~erich 21950 Lindy Lane• He said the City should use its powers to place house so views from upper lot are not obstructed. 3. From Sara Arzeno, 21902 Lindy Lane: She expressed her concerns with future construction impacts on the neighborhood and said there should be a construction management plan in place. H: Colin]/word Docs/R-2008-14b.doc 12 - 17 Page 1 of 2 Colin Jung From: Luciano V. Dalle Ore [Idalleore@gmail.com] Sent: Wednesday, May 28, 2008 5:22 PM To: Gity of Cupertino Planning Dept.; Colin Jung Cc: 'Cristina Dalle Ore' Subject: Comments on proposed new residence at 21947 Lindy Lane Dear Mr. Jung These are our comments regarding the new residence at 21947 Lindy Lane. 1. First of all; we would like to let you know that we are very pleased-with the process of requiring story poles and neighbors notification. Although this process is more cumbersome and may create initial tensions, if handled in an appropriate way, it is far~more preferable than to present the community with afait-accompli which may result in long term resentment between neighbors. As you may understand, given recent history, a peaceful coexistence is by now of paramount importance for us all. 2. We also understand that the owners have been in conversation with their neighbors.over the long week- end regarding possible compromises which may result in alterations of the proposed plan. Since we are extremely supportive of these discussions, we find ourselves in the unenviable position of having to balance our need to be conciliatory in our approach and feedback with our need to formally record our issues. As such, we will list them along with our stated desire that these issues be discussed in a constructive and informat process with the owners rather than through a formal process within City Hall. 3. (We understand this is being addressed) The front of the house does not seem to take into account the fact that the house is placed on a slope -the cut and fill approach appears to result in nesting a "flat land" house on the side of the hill, which does not take.advantage of (and actually appears to fight) the topographical features of the lot, and also requires possibly higher retaining walls than necessary. 4. We are not particularly fond of the stone exterior for the entrance. While we understand and respect the fact that these are the owner's choices, we would Like to make sure that this has not been an added requirement by the city which may not necessarily reflect the owner's (or for that matter the neighborhood) wishes. 5. The privacy protection planting plan drawings are not completely clear. We would like to confirm that there is a plan to hide the house from the side of the access road and from the residences on the south side of Lindy Lane and Lindy Place by deploying a screen as close as possible to the road. Given that there is a generous front.sethack, the owners would still be able to preserve the English style impression of the entrance once past the privacy screen, while still protecting whatever is left of the rural character of the north side of Lindy Lane. 6. From the point of view of compromises on size and/or scale, we would have no issues of supporting an expansion of the house up to 5,500 sq fL and/or increase of height of the two front turrets, as long as privacy concerns are satisfied through the use of appropriate screening and as Fong as the height and placement are coordinated with the neighbors. We really appreciate the effort that you and the rest of the staff are investing in trying to get our community to ~g theT-t t-rtr Best Regards Luciano & Cristina Dalle Ore Luciano V. Dalle Ore J 22101 Lindy Lane J Cupertino, CA 95014 U.S.A. ~ m. +1 (408) 962-4804 ~ h. +1 (408) 257- 12 - 18 S/28/2008 Colin Jung From: Bob Rodert [brodert@comcast.net] Sent: Tuesday, May 27, 2008 92:20 PM To: Colin Jung Subject: Re: Responses to your questions about the Two-Story Residentiai Permit for 21947 Lindy Lane: R-2008-14 & RM-2008-16 ~ . The excellent photograph clarifies everything, Colin. I'd forgotten that there's a third lot up there. That's going to one cozy hillside when the Lot 2 house is finished! Thanks for the clarification. Bob Rodert 21912 Lindy Ln Cupertino 257-2607 Colin Jung wrote: > Bob: > Attached is an aerial photograph of 'the property. You may know it as i~ot # 2 of the Moxley subdivision, the vacant lot next to the Mittals and across the driveway frown Fxank Sun. It has story poles on it that should be visible once you walk a ways up the driveway. > There are two large oaks at the rear of the property that are unaffected by the development. There are -also five recently planted oak trees on the lot that was required mitigation for previous tree removal on the property-- four in the rear along and a fifth in the front. All should be on the landscape plan. • > Colin Jung• > Senior Planner > City of Cupertino > 408-777-3257 > «R-2008-14 Vicinity Map.doc» 12 - 19 1 Page 1 of 1 Colin Jung From: xihua sun [xihuasun@yahoo.com] Sent: Thursday, May 22, 2008 10:43 PM To: .Shesha Krishnapura; Colin Jung Subject: Building design Hi Colin, I'in the immediate adjacent neighbor of Mr. Shesha Krishnapura on Lindy Lane. After reviewing his design, I felt that it confprmed well to the current ordinance. Therefore, we don't have any objections to the current design. I hope he can have his dream home built as quickly as possible. Frank Sun 12-20 5/27/2008 Colin Jung May 28, 2,008 Senior Planner ~ - Hardcopy via lvlail. City of Cupertino - - - - - ~ . 10300 Torre Avenue ~ _ - _ ~ - - Cupertino, CA 95014 - -. ~ ~ ~ - ' Dear Colin: I am writing to you regarding the proposed residence at 21947 Lindy Lane. I live adjacent at 21943 Lindy Lane, which is the East neighbor. Unfortunately, I am unable to approve the proposed drawings as submitted for the following reasons: 1. There are inaccuracies and discrepancies on, the Location of the retaining wall in relation to the property Line on different pages (there may be other inconsistent depictions, but I only checked a few dimensions). 2. The height and proximity of the proposed retaining wall is of extreme impact -more than 10 feet as drawn on the front elevation and section and only six feet away from the property line 3. Privacy regarding the 2nd floor balcony and landscape screening that has been proposed In reviewing the drawings provided by the city of Cupertino, I found that there are inaccuracies in the distance between the property line and the proposed retaining wall closest to my property. It has been represented as six feet on the Topo and Crrading plan, but is reflected as eight or even ten feet on the Elevations and Section, while the dimensional setback still remains at 14 feet 7/8 inch. Thus, it Looks Like there are different widths of the driveway (area between retaining wall and garage}. The scale used on the cross-sections and the elevations provides additional distance depicting more openness between the two properties than what is planned to be built, which is misleading. Based on the dimensions on the topographical plans, there is six feet between the property line and the retaining wall, which creates a very tall retaining wall to be in very close proximity to my property. I have a concern of the location of retaining wall, where it is only six feet from the property line and thus too close to my property. The walkway that I have adjacent to the proposed project sits approximately six feet below the exposed base of the proposed retaining wall. Thus the retaining wall s#arts at a point that is six feet above the grade of my rear walkway. If we add the six feet starting point, plus the ten feet retaining wall (that is only 6 feet away from the.property line) plus an additional 25 feet of house- creates 41 feet of structure that is just 15 feet away from the property line (see the attached diagram}. With this retaining wall so close to my property, this creates an extreme impact on my property, where anyone who walks the walkway will have a towering structure above. them and there will be loss of sunlight along the rear of my house. _f~ sr~iid wall with an inset of four feet for another four foot retaining wall, and finally another four feet inset and then the retaining wall, so that there can be planting and a stepped scale to the vertical element, not to mention the stepped loading on the walls. -The landscaping that is being used to 12-21 screen the vertical element is an Evergreen Creeper Vine, which at the specified size (per a landscaper) can take four to eight years to fill in and soften the wall. If cinder-block is used, a split-face block would .soften the wall and provide attachment for the vines, which would be preferred to just a cement wall. The privacy for our properly is at issue, since there is insufficient screening for the house. The concern is the 2"a floor balcony will over look my backyard. Three 2S-foot high shrubs (which are not called out on the legend) are proposed as well as two 15-gallon plums, but the proposed 2"a floor balcony of my neighbor sits well above the shrub and the plum and thus they will look over these plantings and directly into my backyard. Further, in speaking with a landscaper this shrub typically comes in 15-gallon size and typically start at 4-6 feet tall. The landscaper further stated that these shrubs grow approximately 1-2 feet a year, which translates into 10 to 20 years of growth prior to reaching ZS feet. I am open to recommendations on how to alleviate our privacy issue. . I met with Shesha regarding these issues and he committed that he would limit the retaining wall to less than six feet in height, but stated that that he most likely would not be able to move the retaining wall further away from the property line. Even with a six foot retaining wall, there is still a significant narrowing affect because of the close proximity of the retaining wall. We would like to see the retaining wall move further away from the property line and possibly step the retaining wall to eliminate this crowding/towering affect. I am willing to work with Shesha. If revised plans address my ail of my concerns satisfactorily, I will with withdraw my objection and approve the revised plan. If you have any questions, please feel free to contact me at (408) 828-1210. Thank you, Edward Chan 21943 Lindy Lane 12-22 .~.~ ~. ~ - 544 '~ N....:+3 wtiw.~~L~ ~."~_.rn~+.... i._.r ~:~..Y.~.~.. L-... i...-~: ~ ~~._~.'~~.~~'.... m:: .i.. ~..~t.~ ~~'.~ ~ ~ _~~~~tihb~+t JEFFREY B. HARE Attorney at Law A Professional Corporation 501 Stockton Avenue San Jose California 95126 Tel: 408-279-3555 Fax: 408-279-5$88 Jbhlaw~pacbell.net May 28, 2008 STEVE PIASECKI DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 RE: COMMENTS RE: RESIDENTIAL DESIGN REVIEW 1VIINOR RESIDENTIAL PERMiT FOR 21947 LINDY LANE R-2008-14 AND RM 2008-16 Dear Mr. Piasecki: Seema Mittal and Sarvesh Mahesh, owners of the property located at 21949 Lindy Lane; Cupertino,.haye~retained my law office in connection to the pending application for a Minor Residential Permit and Residential Design Review for the adjoining property at 21947 Lindy Lane (hereinafter the "Subject Parcel"). Ms. Mittal and Mr. Mahesh oppose the Application for the reasons set forth herein. While it is our understanding. that the "decision" to be made on Thursday, May 29, is not a hearing per se, but instead is a staff-level review of the application, we also understand that it would be appropriate to submit a summary of our issues and concerns with the project. It is. our hope that a mutually satisfactory solution that satisfies the letter and intent of the City's ordinances and guidelines can be achieved. Background As you are probably aware, my clients purchased the property at 21949 Lindy Lane in February, 2005, after having conducted a thorough and comprehensive review of the City of Cupertino zoning regulations, discussions with Staff of the Community Development Department, as well as a studied review of the improved plans for not only their site, but the adjacent site which is now the subject of this application for design review. Ms. Mittal is a licensed Architect, and she took extraordinary measures to design her property not only to conform to the City's existing design standards, but also to 12-24 Design Review May 28, 2008 Page 2 incorporate energy efficient design elements to the maximum extent possible. Specifically, Ms. Mittal designed the south eastern exposure to maximize use of passive solar energy for both heating and lighting, as well as created a breezeway design for natural cooling, and took other steps to significantly reduce overall dependence on the use of mechanical heating and cooling systems. The completed design also included elements to take advantage of the wonderful views of the lights of the valley floor, as well as the sunrises during all times of the year. My clients proceeded with the construction of their home with the explicit understanding that zoning regulations implemented on March 1, 2005, imposing a residential hillside overlay on the R1 zoning district in the hillside area, would limit the size of any structure on the adjoining property to around 3,500 sq. ft. and placing a 45% cap on the size of the upper floor (around 1,000 sq. ft.}, thus preserving their views and privacy. On April i 8, 2008, my clients saw the story poles that had been constructed for the subject parcel, and shortly thereafter, learned for the first time that the City of Cupertino had adopted Ordinance 07-2011, which amended Chapter 19.28 of the Municipal Code to relax the restrictions on development within a 15-lot area. The amendments, it turns out, allowed design plank that were drastically different than the previously approved plans for the subject parcel. The new design plans include a doubling of the second story area (from around 1,000 sq. ft. to over 2,500 sq. ft.), and ~add.itional elements that will cause the proposed structure to exceed all reasonable . parameters of mass and scale for the parcel. These modifications drastically alter the previouslyapproved design that was the basis of my clients' design. The placement and orientation of the elevated portions of the proposed structure will effectively defeat the passive solar design elements incorporated by my clients, and completely obstruct city light.views from all living spaces, in direct contravention of the purpose and intent of the Ordinance. Zoning_Re ations The proposed development of the subject parcel appears to be inconsistent with the letter and intent of the City's single-family residential development regulations. As set forth in Section 19.28.010, the purpose of the Single Family Residential (R1) zones is to "create, preserve and enhance areas suitable" for development in order to : . A. Enhance the identity of residential neighborhoods; . B. Ensure provision of light, air and a reasonable level of privacy ... C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D..Reinforce the predominantly low-intensity setting in the community. 12-25 Design Review May 28, 2008 Page 3 Section 19.28.050, which was amended by Ordinance 07-2011 in October, 2007, expressly identifies the hillside area within which the subject parcel is located, and provides that any second floor area and balcony "shall be consistent with the . requirements from the Residential Hillside (RHS) Zoning District (Chapter 19.40). This Ordinance also provides that the purpose of the RHS zoning district is to regulate development commensurate with community goals as set forth iri the General Plan, and to ensure that utilization of land for residential uses is balance with the need to conserve natural resources and protect life and property from natural hazards. Toward thax objective, the purpose of the RHS regulations includes the following: B. Ensure the provision of light and air to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Maintain a special relationship between structures and within neighborhoods; E. Reinforce the predominantly low-intensity setting of the community; . . F. Maintain a balance between. residential development and preservation of the natural hillside setting. Pursuant to Section 19.40.130, the Director of Community Development is empowered to make reasonable interpretations of the regulations and provisions of the RHS Ordinance, "consistent with the legislative intent thereof." (§ 19.40.130). In . reviewing an application for a Minor Residential Permit, the Director can approve, conditionally approve, or deny the application. The application can be approved only if the Director makes all of the following findings: 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and. the purposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. (§ 19.28.090). ~2-2s Design Review May 28, 2008 Page 4 . Violations of Zoning Ordinance My clients respectfully submit that the proposed development of the subject parcel located at 21947 Lindy Lane does not conform with either the letter or the intent of the above-references provisions of the City's zoning regulations. 1. Proiect creates significant and adverse impact to passive solar design. Both the Rl and RHS zoning ordinances expressly state that a fundamental purpose of the respective ordinances is to ensure provision of light and air. As noted previously, the dwelling at 21949 Lindy Lane was deliberately designed by Ms. Mittal to maximize the potential for passive solar heating, and to maximize the use of natural lighting with the southern exposure. The placement of the story poles made it suddenly apparent that the revised plans for the subject parcel would significantly and adversely impact these features which were carefully designed in reliance on the previously- approved plans. Not only will the proposed project significantly reduce my clients' access to passive solar energy and natural lighting, but their access to views of the lights of the valley and to views of the sunrises during certain times of the year will be obliterated. Moreover, the mass depicted by the story poles do not include the elevated, second-story covered deck. Here, the Design Guidelines are fairly explicit, stating, in pertinent part, as follows: Solar Design. The setback and height restrictions provided in this chapter may be varied for astructure-utilized. for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoinin~property owners. (§19.28.060(>)(Emphasis added). One need only review the proposed mass and scale of the proposed structure to see immediately that it would severely impact the passive solar features so carefully and thoughtfully incorporated in the design of the uphill property by Ms. Mittal. 2. Proiect is not harmonious in scale and design. with the adjoining_yroperties. There are several indicia of possible violations of the design guidelines that relate to the overall massing and scale of the proposed structure. For one, the City's ordinance provides a limitation of a maximum exterior wall height measured from the natural ode measured at the property line, and atwenty-five degree roof line angle measured from the ten-foot high line. (§ 19.28.060(G)(2)(a)). As seen in the diagrams distributed to the neighbors, the building envelope exceeds these restrictions by several feet, in some instances because the measurements were taken from the finished pad, and not the natural grade. In addition, the project includes a covered, 500-square foot upper story deck that adds a significant amount of mass to the second story that is.not depicted by the story oles. 12 - 27 Design Review May 2'8, 2008 Page 5 The lower lot (Lot 3) has a 1200 sq. ft. upper story. The upper lot {my clients' lot) has 1300 sq. ft. of upper story. The proposed project will have a 2,500 sq. ft. upper story mass (including the covered deck not depicted by the story poles). Because of previously imposed restrictions, the predominant size of the upper stories were limited to around 35% of the Iower story mass. 3. Retaining Walls are proposed less than 5 feet from property tine, and potentiall t~eaten existing support piers for the uphill property. The proposed drawings depict a series of lightwell retaining walls located less than 5 feet from the property line - in violation of the mizaimum setback requirements. Section 19.28.060(F) specif Gaily states that the minimum side setback for a lightwell retaining wall shall be five feet. Of equal concern to my clients, it is anticipated that the installation of these retaining walls will require extensive digging and excavation in and around the area where my clients placed the support piers for their property. Section 19.28.i00(D), which sets forth the required findings for approval of a two-story residential permit, includes a finding that: The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. {§19.28.104(D)(2)). Here, the slope of the land approaches a 30% grade. In addition to their concern over the generous allowance that permits the homeowner the right to grade up to 2,500 cubic yazds on a lot that measures Tess than one-half acre, my clients are extremely concerned that the trenching and grading necessary to Locate the lightwell retaining walls this close to their pioperty--poses a serious risk of failure of the hillside integrity. 4. Based on the proposed design. of the project, the Director cannot make all of the necessary findings required under the Municipal Code. Section 19.28.090 sets forth the findings that the Director of Community Development must make -and must make all of them - in order to approve an application for a Minor Residential Permit. As explained herein, the project is not consistent with the Cupertino General Plan, the zoning ordinances, and the stated purposes,of Title 19. Approval of the permit will very likely result in a condition that is detrimental or injurious to property or improvements on the adjoining lot, and in the event of major slope failure, could pose a real risk to the public health, safety and welfare. The project, with its mass and scale, is clearly not harmonious with the other structures in the neighborhood, especially with a second story that is at least twice the size of the second story elements of the properties on either side. Furthermore, the adverse visual impacts, as well as the adverse impacts on the passive solar elements of the uphill properly, have not been reasonably mitigated. ~2-2s Design Review May.28, 2008 Page b Conclusion My clients respectfully therefore request that the proposed application be denied for the reasons set forth herein, and that the project applicants be directed to return with an application that meets both the letter and intent of the City of Cupertino General Pian and zoning regulations. Request for Notice and Copies of Documents Tn addition, l request that you place my law office on the distribution List for all notices of any actions related to this matter. Further, I request that I be provided with copies of any and all letters, a-mails and other documents which have been submitted in connection with the pending application for the subject parcel. Respectfully submitted, Je ey B. Hare cc: Colin Jung, Senior Planner Charles Kilian, City Attorney .. ' . . Clients ~ . ~2-2s Colin Jun From: ronberti@comcast. net Sent: Monday, July 14, 2008 10:00 AM To: Colin Jung Subject: 21947 Lindy lane Hi Colin I received a letter last week from the Planning Department to the effect that there's a hearing on 21947 Lindy Lane on July 22nd. (7nfortunately; I will be out of town on that day. I assume that this is largely a pro, forma event, that the plans have largely been signed off and validated as consistent with city policy. The one question I have is that one agenda item addresses a side facing second story balcony. I'm curious if the balcony faces southeast or southwest, which is the only circumstance in which I really care. You may know that this new home will look directly at mine across the small Lindy Lane valley. Perhaps we could have a short discussion this week? You can call my cell (408} 515-5111. Looking forward to hearing from you. Ron Berti 11406 Lindy Place 1 12-30 x9.2s.o6o Cupertino -Zoning 5. The perimeter of the basement and all lightwell retaining walls shall be treated and/or reinforced with the most effective root barrier measures, as determined by the Director of Community Development. G. Height. ' 1. Maximum Building Height. The height of any principal dwelling in an Rl zone shall not exceed twenty- eight feet, not including fireplace chimneys, antennae or other appurtenances. 2. Building Envelope {One Story). a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into a building envelope defined by: 1. A ten-foot high vertical line from natural grade measured at the property line; 2. Atwenty-five-degree roof line angle projected inward at the ten-foot high line referenced in subsection G(2)(a)(1) of this section. b. Notwithstanding the building envelope in subsection G(2}(aj of this section, a gable end of a roof enclosing an attic space may have a maximum wall height o£ seventeen feet to the peak of the roof as measured from natural grade, or up to twenty feet with a Minor Residential Permit. 3. Second Story WaII Heights. Fifty percent of the total perimeter length of second story walls shall not have exposed wall heights greater than six feet, and shall have a m;nirrn,Tri two-foot high overlap of the adjoining first story roof against the second story wall. The overlap shall be structural and shall be offset a mittim„m of four feet from the first story exterior wall plane. a. The Director of Community Development may approve an exception to this regulation based on the findings in Section 19.28. l I0 D. 4. Entry Feature Height. The maximum entry feature height shall be fourteen feet. 5. ~ Areas Restricted to One Story. The City Council may prescribe that all buildings within a designated area be limited to one story in height (not exceeding eighteen feet) by affixing an "i" designation to the Rl zoning district. H. Second Story Decks. All new or expanded second story decks'with views into neighboring residential side or rear yards shall file for a Minor Residential Permit, subject to Section 19.28.090, in order to protect the privacy of adjoining properties. The goal of the permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. This section applies to second-story decks, patios, balconies, or any other similar unenclosed features. 1. A second-story deck or patio may encroach three feet into the front setback for the principal dwelling. 2005 S-4 feet. The minimum rear-yard setback shall be twenty feet. I. Solar Design. The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Any solar structure thatrequires variation from the setback or height restrictions of this chapter may be allowed ~ only upon issuance of a Minor Residential Permit subject to Section 19.28.090. (Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1863, (part), 2000; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999: Ord. 1808 (part), 1999; Ord: 1799 § 1, 1998; Ord. 1784, (part), 1998; Ord. 1637, (part}, 1993; Ord. 1635,. (part), 1993; Ord. 1630, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.070 Landscape Requirements. To mitigate privacy impacts and the visual mass and bulk of new two-story homes .and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening within three years of the planting. A. Applicalidity. This requirement shall apply to ~w two-story homes, second-story decks, two-story additions; or modifications to the existing second-story decks or existing windows on existing two-story homes that increase privacy impacts on neighboring residents. Skylights, windows with sills more than five feet above the finished second floor, windows with permanent, exterior louvers up to six feet above the finished second floor, and obscured, non-openable windows are not required to provide privacy protection plam~ing: B. Privacy Planting Plan. Proposals for a new two- story house or a second story addition shaIl be accompanied by a privacy planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs. 1. New trees or shrubs shall be required on the applicant's property to screen views from second-story windows. The area where planting is required is bounded by a thirty-degree angle on each side window jamb. The trees or shrubs shall be planted prior to issuance of a final occupancy permit. a. New tree or shrubs are not required to replace existing trees or shrubs if an Internationally Certified Arborist or Licenses Landscape Architect verifies that the existing treesJshrubs have the characteristics. of privacy planting species, subject to approval by the Director or Community Development. 12-31 E~CHIBIT B 2. The minimum side-yard setback shall be fifteen Ig.~0.0~0 Cupertino - 2~ning Exi~ibi~ C feet on lots which are greater than one acre. The setback shall be measured from the top of bank of the watercourses or frown existing riparian vegetation, whichever is greater. The setback from riparian vegetation will be *~~~red from the drip line perimeter. I. Developmeut Neaz Prominent ltidgelines. 1. The development of new, independent structures shat! not di srupt a fifteen percent site line from a prominent ridge as identified in Appendix A. The fifteen percent. site line shall be measured from the top of ridge at the closest point from the structure. 2. Additions to legally existing homes located within the fifteen percent size line of a prominent ridgeline may not further encroach into the site Line, e.g., the additionmay not add height or bulk which may increase the disruption to the - fifteen percent ridgeline site line. 3. Should these requirements become impractical, alternatives will be considered through the exception process. ~ ' 7. Development on Slopes of Thirty Percent or Greater. 1. Site plans for all development proposals shall include topographical infom~ation at contour intervals not to exceed ten feet and a horizoatat map scale of one inch equals two hundred feet or larger. Areas where slopes exceed thirty. percent shall be identified on the site development plan. 2. No structure or improvements shall occur on slopes greater than thirty percent unless an exception is granted or unless no more than five hundred square feet of development, including grading and structures, occurs on an area with a slope greater than thirty percent. K. Trail Linkages. 1. Among other items required to be identified on the site plan, the site plan shall identify trail linkages as shown in the General Plan Trai! Plan. on and adjacent to the site. 2. If a trail linkage, as shown in the General Plan Trail Plan, i5 identified across a property being developed, no development shall take place within that area. except if approved through the exception process. L. Views and Privacy. It is not the responsibility of City Government to ensure the privacy protection of the building permit applicant or owners of surrounding properties that may be affected by the structure ender construction. However, the Director of Community Development may confer with the building permit applicant to discuss alternate means of preventing.privacy intrusion andpreservingviews. (Ord. 1725, {part), 1996; Ord. i65S, (part), 1395; Ord. 1634, (Part), 1993) 19.40.050 1$uildiing Coeerage, SetbaelLS and Height ~e5trictiomms. - All~ provisions of this secdoa may be deviated from upon an exception granted by the Planning Commission in accordance with Section 19.40.140. A. Floor Area. 1. a. For lots with less than ten thousand square feet of net lot area the maximum floor area ratio shall be forty-five percent of the net Iot area. Formula: A = 0.45 B A =Maximum allowable horse size. B =Net lot area. b. For Iots with ire than tent thousand square feet of net lot area the maximum floor area shall br four thousand five hundred square feet plus 59.59 square feet for every one thousand square feet over ten thousand square feet of net lot azea. In all cases the maximum floor area shall not exceed -six thousand five hundred square feet without an exception. Fornm~ala: A=((5-10,1100}/1,000)(§9.59)4,500 A =Maximum allowable house size - prior to instituting the maximum 6,500 square foot building size. B' =Net lot area. 2. Lots Within Clustered Subdivisions Containing Common Open Space. Lots within clustered subdivisions in which land is reserved as common open space, may count a proportionate amcsunt of the reserved private open space for calculating the allowable house size, except that no developable lot would besubject togreaterthan aforty-five- percent floor area ratio prior to slope consideration. The average slope of a lot within a chustered subdivision shall br calculated on the developable lot. _ 3. Slope Adjustment Criteria. For iota with an average slope greater than ten percent, the allowable floor area, prior to instituting the maximum six thousand five hundred square foot allowable building size, shall be reduced by one and one-half percent for each percent of slope over ten percent. For lots with an average slope over thirty percent the aIlo.wable floor area shall be reduced by a constant thirty percent. Formula: C = A x (1-(1.5 x (D - 0.1))) A = :Maximum allowable house size based on subsection 1 above prior to instiituting the maximum 6,500 squaze foot building size. C = Ma~.~tnallowable building for lots with greater than 10~ average sloes. D = Average percent slope of net lot 12-32 Cupertino Planning Commission 2 July 22, 2008 Exhibit D -'.1. Matt Kamkar, rtino resident: • Addressed the Pla Commssion regarding floor area ratio (FAR} of second to first floor discussed at the previo Planning Commission meeting, and urged the Commission to increase the allowable ratio second floor to first floor. He stated that he owned two properties in Cupertino; one in Ran o Rinconada where he did not do second floor because of the current rules, resulting in a er roof, bigger foundation, smaller backyard; everything opposite of the green building pra es that one would like to see. On his Morita Vista property, he said he would prefer to go to a s rid floor if the rules permitted. Jennifer Griffin, Rancho Rinconada resident: • Expressed concern that she felt the current Rl ordinance wa eing piecemealed into something it was not intended to be, particularly with the floor to area r 'o po#entially going to l 00% for the second story. She said it maybe better to open the whole rdinance. • Some lots in Rancho Rinconada are 5,000 sq. ft. or under and there are other areas ' the city that have very small lots and doing anything more to increase the second story, s up dangers for the neighbors, It may be better to open the R1 from the hillside ordinance t floor to area ratio rather than piecemealing this, working on it a little, and then winding up PUBLIC REARING 2. . n ~nno ~ ~~ v~,r ~nnQ ,~ Director's referral to the Planning Commission the Chia-Ching Lin; 21947 approval of a Residential Design Review for a new Lindy Lane - (Krishnapura & 4,491 sq. ft., two-story single family residence with a Minasandram residence) basement and a Minor Residential Permit for a side facing second story balcony on the new residence. Planning Commission decision final unless appealed. Colin Jung, Senior Planner, presented the staff report: • Reviewed the Director's referral of architectural and site plans for atwo-story 4,499 square foot single-family residence on Lindy Lane, as outlined in the staff report. • He explained that the application was the first proposal under the new ordinance adopted in November 2007, which is part of the R1 ordinance but applies specifically to the R1-20 zoned properties which are largely located north of Lindy Lane. In that area the City adopted a set of hillside regulations. . • He reviewed an aerial view of the property, a three lot subdivision. He pointed out that based on the R1-20 ordinance, given the size of the project, they did not meet the planning threshold for a development application; they were not required to do a design review permit, nor a permit for the second story balcony. Because of staff's concerns with the architecture, the history of recent controversy in this neighborhood, staff felt it .best to conduct this review in a manner that was similar to what we normally do in a two-story home in Rl zoned property. The applicant erected story poles and neighbors within a 300 foot radius were noticed, and provided them with plan sets. There were concerns from the neighbors about the project as presented and redesigns of the project resulted in a much better project than originally presented. • He reviewed the elevations and noted that the applicant had made modifications to the architecture of the project, creating a lighter, more compatible architectural form to the 12-33 Cupertino Planning Commission July 22, 2008 existing homes and older homes in the neighborhood. Staff feels that from an architectural standpoint, the proposed house is' compatible with the residential neighborhood. He reviewed the neighbors' concerns and the applicant's responses and modifications made to address the concerns, which are detailed in the staff report. Staff has not made a recommendation on the project, but if the City Council decides to approve the site and architectural plan, staff recommends the two highlighted items which are in the model resolution, the last two items in red are additional items staff would like the Planning Commission to consider and add to the model resolution,. including replacement of two mitigation Oalcs that are on the property. The other condition is that the setback of the easterly retaining wall currently is at 6 feet; they would like to increase it to 8 feet because staff does not feel that the distance between the wall and drainage swale is wide enough to accommodate the privacy landscaping that needs to be planted in that location. Com. Brophy: • Asked staff to explain the changes made to the zoning ordinance in November 2007. Colin Jung: ~ Said what was created was a hybrid of Rl zoning regulations and the hillside zoning regulations. There is a requirement to screen retaining walls; some things are transferred over like screening of retaining walls, the limitation on solid board fencing around a property; requirement for open board fencing around the yards of property; there was some regulations regarding the removal of trees, allowing up to two protected trees to be removed if they are. under 18 inches if it is within the housing pad; there were some protections put in that if it was on steeper slopes greater than 30%, then a hillside exception would be required; but the slope of this property is under that. • Some of the snore interesting aspects of the ordinance related to the fact that the second floor of the residence was unlimited in terms of the square footage. There are limits to it, the FAR limit but that is basically the same; it doesn't say that specifically but is the same principle that is in the residential hillside ordinance. There are some certain thresholds about review having to do with if it is on a flat pad and you go through one level of review and if it is not on it, you cars only build up to 4,500 before you come to the Planning Conunission. The grading quantity was the same, so it is similar but not exactly; if there is anything that comes up during the hearing that you specifically want to stress, it would be easier to talk about specificity rather than generality about the ordinance. ~ Said that both of the homes were built not under the previous iteration, but the iteration before that; that particular iteration limited the second story to 35% of the fast story, ,which is the biggest difference. The other difference with the previous iteration was that neither of those two homes were required to go through any type of public hearing or design review and both of them were allowed with building permits because that is what the ordinance allowed at the time. A two-story home that was less than a 35% FAR was allowed with a building permit. Cam. Brophy: • The question about the other retaining wall would destabilize the slopes supporting their home; is there any response to that or is that something that would be taken care of in the geotechnical study. Colin Jung: • Regardless if it is a new permit or a building permit, whenever there is development situations in the hillside, all that must go to the city geologist; the applicant is required to hire a geotechnical engineer and they are going to be looking at not only the retaining walls, they are 12-34 Cupertino Planning Commission 4 ~ July 22, 2008 • going to be looking at the basement walls; the grading; the drainage and look at all that stuff. It has to be reviewed not only by the city geologist, but also by community development staff. Steve Piasecki: • Explained that active solar is photo voltaics, where the sun is required to light up the photo voltaics and generate energy. Passive solar is the orientation of a house; it allows solar to gain access to the floor, walls, windows, sa that the home can receive the heating. Com. Kaneda: • Asked for the reason the 5,500 sq. ft. limited square footage covenant was put in place. Steve Piaseclti: • Said that when the three lot subdivision came before the Planning Commission, there were concerns about house size and the applicant agreed to a restriction to the 5,500 square foot in lieu of 45% on the 20,000 square foot lots. • Staff answered Commissioners' questions about landscape mitigation for all three houses, shared use of storm drains and said the applicant would be required to pay a security depositor hook into the private storm drain that is in the Lindy Lane driveway. S. Krishnapura, Applicant: • Thanked staff for their cooperation in working closely with them on the design. • All recommendations and comments from Planning staff, and the public feedback which has deemed to be the right feedback to address; have been fully addressed. Detailed landscape plan addresses all neighbors' privacy; there are factual errors in the negative impact report submitted by the 20949 Lindy Lane residents and we request upfront to have a separate time . for rebuttal of the factual errors in the report. • He reported that all staff feedback was addressed including mass and bulb changing the roof to slate; use of mixed pavers in the driveway; reduction of retaining wall height; landscape and privacy; reduction of the height of the house from 453 feet to 450 feet. The design meets the ordinance with no exceptions; comprehensive geotechnical review of the lot finds proposed design and building construction suitable; mass and bulk of the design'is lowest compared to east and west side neighbors; building location is at the lowest slope portion of the lot limiting the cut and fill; applicants diligently worked with the senior planners since Nov. 2007 to design the house. • All recommendations or comments from Planning staff covered public feedback or addressed by amendments to the ordinance, the detailed landscape plan addresses all neighbors' privacy. The neighbor in the front, the neighbor in the back and southwest direction, west north direction, they all have sent emails to the Planning Dept. supporting the design. Com. Brophy: • Asked for a response to the staff suggestion that the setback for the east retaining wall be increased from 6 to 8 feet in order to accommodate privacy landscaping; and the replacement of two mitigation Oaks. Applicant: • Said he would be willing to increase the setback and replace the two mitigation Oaks as suggested by staff. • Said that the basement helps to hold the structure more geotechnically safe than the piers, and the construction cost of the basement is similar in cost to the piers. 12-35 Cupertino Planning Comrrussion Chair Miller opened the public hearing. July 22, 2008 Jeffrey Hare, Attorney representing owners of 21949 Lindy Lane, Lot 1: • Opposed to the project. • Said they were present because of the change iri the ordinance. The size and cubic feet and measurements make for interesting map, but the real issue is when the ordinance was changed, after the uphill owners built their house, the removal of the restrictions on the second story allowed for the house on Lot 2 to have a much larger area which immediately affected the view and blocking the solar access for the passive solar for the uphill property. Focus should be that the uphill owner specifically went in, reviewed the ordinance, looked carefully at what was being done, what the upstairs 35% restriction would do, and built the passive solar to take maximum advantage of what would be in place. When the ordinance changed and allowed for the larger unrestricted second story, this became apparent when the story poles went up. ~ You are being asked to make a decision with the resolution presented and to make certain findings without the benefit of a staff recommendation; staff calling this as a case of first impression under the ordinance, but has not made any recommendations for environmental review. Under CEQA, this is clearly an unusual circumstance, calling for at least .some environmental review to look at some of these impacts. The City has asked for further geotechnical review because of the hillside. Whether or not the project conforms to the RI and RHS zoning is a matter of some dispute; in any respect we do see that it does have an issue with respect to the need for environmental review. The impacts of the project are not just on the view and the passive solar; but as the design change and configurations are going to go forward, there may be impacts on the hillside as well. The placement of the retaining wall is just the surface part, but it has to cut into the bedrock that underlies the uphill property. The uphill property owners are extremely conceizled with this. We are here not to object to the building of a house on the second lot, but simply looking at what you have reaped what you have sown in the removal of a restriction that was put in place for the very specific reason of protecting some of the beautiful views of the valley floor to allow for some of these rather ahead of their time, the passive solar that the uphill property owner designed into the property. We ask that you use your discretion to deny this and send it back until you have had a chance to get the environmental review. Steve Piasecki: • Responded to the attorney's suggestion that more environmental review was needed before a decision would be reached. • Said the speaker did not refer to a section of CEQA that would be activated for enviroiunental review; our reading of the categorical exemptions is that building a single family house is categorically exempt and does not require additional review. Chair Miller: • The uphill neighbor is protected because the house cannot be built unless it passes all the necessary requirements from the geotechnical standpoint. Steve Piasecki: • Said the applicant is protected because they are building the house in conformance, as well as the downhill; it is good common sense practice. ` 12-36- Cupertino Planning Commission 6 July 22,1008 Jeffrey Hare: • Said he submitted a letter citing Section 1500.2 does address the issue of the use of the categorical exemption; there is no mention in the staff report of any categorical exemption, but the section also provides that an exception to the exemption under that provision if there is unusual circumstances which is our position here; which is cited in the letter submitted. Steve Piasecki: • Said they have not found any unusual circumstances, but Section 1500.303 is new construction or conversion of small structures, Class 3, specifically says "examples of this exemption include but are not limited to one single family residence or a second dwelling unit of residential zone". Chair Miller: • Said that reference was made that it doesn't conform to the R1 and the }tHS ordinance, but that is not relevant here, so I am not sure what we do with that comment because there is a special ordinance that applies just to 15 properties on this slope, and that is the ordinance we are required to go by from the standpoint of what we are doing here tonight. Jeffrey Hare: • Deferred to the comments in the two letters he submitted to the findings that must be made and the fact that you must find the level of compatibility with the adjoining properties, the lack of any impacts on the adjoining properties which we have detailed and the fact that the project as it is currently proposed, will have these impacts. You must make a finding that there are none of these in order to fmd compatibility under those ordinances. I think that the findings that are in the resolution before you, the evidence that will be presented and has been presented so far, shows that there is these impacts. They can be mitigated; but have not been done so to the degree that would satisfy us. I think that the fmding of that, the evidence will show that a finding of no impacts on the adjoining property, no impacts on the passive solar, or any impacts of that nature, are not supported here. With all due respect, that is the finding. I summarised that in my letter to you dated yesterday (July 21). • We would ask that you consider this because I think there is a solution here; we think that the original ordinance was designed to limit the upper story on these hillside areas fox good reason; and we would like to see the opportunity for this to work out for everyone's benefit, to allow them to have a beautiful home on Lot 2 and to not create a situation with the larger upper story that creates a blockage of passive solar and the views. S. Raghvendra, Cupertino resident: ~ In support of the project. • Said that staff has held the applicants to a higher standard than required by the City laws; and made them go above and beyond by erecting the story poles, by having them take down a number of elements the architect suggested. The applicants did so because they wanted to .make it a smooth process in meeting the rules of the city. This should give them a green light on the topic. • Summarized that the applicant has followed alI the rules set forth by the City and should be given ascent without further delay. Tej Kohli, Cupertino resident: ~ Opposed to the project. • Said they were a neighborhood, but he felt that it was presently just the `hood'; taking the `neighbor' ou#, which he felt is wrong. Mitigations exist to the problem, the Planning Commission and Mayor's office is both the executive and the legislature; we don't want to 12-37 Cupertino Planning Commission July 22, 2008 bring in the judiciary, we want to fix it as neighbors. The City being the executive and legislator, should be responsible for responsible zoning. Why would 15 residents of Cupertino that are hillside get a special zone? It is a separate issue; but the attorney brought up the point that if it changed midstream, it is an issue. . Why do we call them hillsides? The reason we call them hillsides is that the law of gravity does not change; that's what makes it a hillside and if the law of gravity doesn't change, how can zoning change if gravity hasn't changed? It is on a 29% slope; to the common eye, it looks unbuildable, and if you carve that much of a hill out, 2500 cubic yards. In comparison, the potting soil bags from the Home Depot, that is one cubic foot, some bags have two cubic feet, and we are talking 58,000 cubic feet that are going to be taken out of the hill to make room for the house. The house has a 2,000 square foot basement, 2,000 square foot first floor and 2,000 square foot second floor; it is not a house, it is a box. That is where the Rl upper story going to 35% is important, because you don't want the houses to be towers. A walk up that slope and look at the property is very important before any decision is made, and would request that the Planning Commission at least do that before making a decision. Said he would vote to put sunshine back in this neighborhood. Sarvesh Mahesh, 21949 Lindy Lane: • Opposes the project. _ • Said they moved into their,home one year ago, and when they designed and built their home, the lot next door was an RHS property and the maximum allowable upstairs was 1,100 square feet. Since then the law changed and the special 15 houses have the privilege of designing under a different consideration that the fee used for designing their house. While it increases the value of the other 14 homes, it seriously jeopardizes our safety and quality of living. The negative geological impacts; there is loss of privacy; views; quality of life; passive solar and properly value. ~ The massive scale isn't compatible; the current design creates a. big hole next to our house; five feet from our property line, it creates a two story deep basement; and it requires an 80 foot retaining wall which is between i 0 and 12 feet high at different points. AIl of this is 1,000 feet away from the Monta Vista fault at a very steep 29% grade, which creates a high risk for landslides and earthquakes. Who indemnifies that risk? Between. the two houses, if the second house was built the way it is proposed, there is going to be a thin sliver off the hill there; if there were rains, we might be neighbors too close for comfort. Who says we cannot move mountains? We definitely tried to move a hill here: It is 75 truckloads that we are going to be taking away from a little hillside, and hopefully will put it somewhere where somebody has some use for it. Relative to the mass and scale of the upper story. The privacy; our living room is going to be looking into one of the bedrooms of the proposed house. Seema Raghvendra: • Said as an architect she has learned there always lies a good solution with any problem; the best way to look at it is there are many options they can make to the adjustments to the design to mitigate their concerns. She referred to the upper story mass of the current home and said some of the things they could do is to reduce grading to reduce the height of retaining walls to center the house more parallel to the contours which is very fundamental hillside design; rotate it at farst; now it is parallel to the contours and it is moved away from their property line; the big huge retaining wall has now moved away and there is the opportunity to split it into two separate walls which may be 4 feet and 4 feet. ~ There is so much excessive grading in the front; to set back the home, I know it is a great idea but we could possibly move it forward and reduce a significant amount of grading (included in her report) and also at the back of the property where the house is extending and where the 12-38 Cupertino Planning Commission July 22, 2008 -~ yard is, it is steep. It would be good to protect that part and have the backyard pulled forward. These are comparative slides, ways to adjust the fagade. Com. Brophy: • Asked if she had conversations with the owners of Lot 2 during the process. Seema Raghvendra: • Said she initially met with the owners of Lot 2 in 2005; there was an approved design on that lot for a bigger home; they contacted her and asked if she was willing to take the design and make some changes for them and submit it by the first March 2005 deadline which was before the hillside overlay would come into play. • Two of the items they wanted to change was to push the building back as in the current design; and they wanted to have really steep roofs. She brought to their attention not to make the roofs any steeper because the whole house was designed where they could see over it. They backed out from the deal, and decided to withdraw because she did not have time to change the design in 2 weeks. She recommended they return to the original architect and have him make the modifications, but they were aware that they were so sensitive about their views. • They met again on the lot before the May 29`h; and she submitted her objections because it was official-. There was a discussion about passive solar in relation to the applicant's home. Matangi Darjamani, Cupertino resident: • Said she believed everyone had the right to build their dream home, especially when a house is built in the hills of Cupertino, the responsibility that comes with that right, is building responsibly on the hillside and with concera for the existing homes. The Mittal's home is a green home, with solar panels, concrete floors with radiant heating and it has the strategically placed windows to garner the power of the sun and wind. The family room kitchen is a complete wall of windows which illuminates and warms the home. In front of the beautiful walls of windows are the walls where the new home is going to came up. If the plans are approved, the Mittals will lose the view they cherish. The new home is probably designed to take in the views also because that is there right; however, is it not their responsibility to share that right with their neighbors, the ones who have been enjoying the view all along. Now when they take away the Mittals access to the sun, there goes their passive solar dream home. I feel that a city that touts green building and claims that it is one of their priorities should protect homeowners who have taken their advice. It is the right of the City to encourage the residents to build green and along with that right, I think the City has the responsibility to protect. those homeowners who have done what the City wants them to do. I think this is especially important in a case such as this where access to sunlight is the key part of the design of the existing home. • The R1 ordinance states that its purpose is to ensure the provision of light, air and a reasonable level of privacy to individual residential parcels. Though the proposed home not only mitigates the air and the light, it will be built with windows that will look directly into the family room and the family room is the heart of the home. Traditionally what the City does is _ they ask that you plant trees and privacy screening; these are tall homes, and is it fair to ask the Mittals to wait 10 years for privacy or is it more reasonable to ask that some design changes be made so that it is truly in compliance, not only with the quantitative aspects of the R1, but also with the qualitative aspects of Rl, specifically with respect to light, aix and privacy. ~ Encouraged the new owners to work with their neighbors to reach a compromise where everyone can enjoy the homes of their dreams. 12-39 Cupertino Planning Commission July 22, 2008 Nitu Ko61i, Cupertino resident: ' • Said she wanted to voice her opinion on the impact the project is going to have on the future of Cupertino hills and the way that premium properties will be sold in the future in Cupertino. • Said she was familiar with the two lots; and recalled when the applicants were looking for prpperiy in the hills with views and the correct orientation . so they could build their green home. They also wanted to be part of the neighborhood and the prestigious community with excellent schools. They looked at all available buildable lots with views in the area; and even looked at the lot in question, Lot 2; but they decided to pay more for their lot which had a naturally existing pad; the second lot does not have a naturally building pad. After consulting with experts, it was concluded that the lot is a beautiful one-half acre lot, with very steep slopes and lacks any natural buildable pad.' It can always be engineered with extensive retaining walls which would be extremely costly. She said she was taken aback by what the story poles show; and has since looked at the plans and she concluded that the story poles don't tel I half the story. • Due to the change in zoning, there is going to be a huge house built on this lot; Mahesh and the Mittals stand to lose their views; the story poles are for neighbors to voice their reactions but 'the ,city has to enforce some rules to safeguard the privacy and views of the existing homeowners. I have not seen a precedent like this in any of our neighboring cities like .Saratoga, Los Altos Hills, etc. and my colleagues feel the same way. People buy homes not only for schools, but for locations, views, orientations and sunlight. • The city has a responsibility to be green and to protect these via the zoning code. If this project is approved as indicated by the story poles, she said she would feel obligated to advise potential buyers that the City of Cupertino really does not care about adverse impacts on adjoining properties and the quality of their properties will never be secure. They are losing a view lot. . ` • Requested the Planning Commissioners walk up the hill to look at what is going on there; they have a beautiful house and have a right to build, but it should comply with the rules, and yet they should come to a mutual agreement on that. Kevin Lee, friend of a Cupertino resident: - • Opposes the project. . • Express personal view, not professional. • Questioned why the proposed home had to be built directly in front of the existing home where it blocks all its views, where'if the land is large enough it could be moved somewhere else. They could enjoy the view of the liillside, yet not destroy someone else's view at the same time. • Said he has spent time at the existing home and enjoyed the view of the hills, and if the proposed home is built, they will not have the same enjoyment. It is an important part of their social life, and is important to understand people's personal views and perspective on life. Ankur Mahesh, Son of Seema Raghvendra: _ • Said that his favorite place in his home is the family room where he enjoys the view which . will have lost its charm if the proposed home is built as shown by the story poles. Their home is a green home with solar panels that. keep the home warm in the winter and cool in the summer. If the panels are blocked the heater and air conditioner will have to be utilized and will bring dust into the home, causing allergies. He said his school teaches saving energy because of the global energy crisis; but if the proposed house is built as shown, they will not be able to even store .energy. during the winter. There is another way to build a house so everyone is happy; I am sure bf it because it is such a big home. • He urged the neighbors and Planning Commission to consider his concerns and find a good effective answer for all. 12 - 40 Cupertino Planning Commission 10 July 22, 2008 Ana Varshneya, Capertino resident: • 8`f' grade student, friend of Ankur Mahesh, said she visits the home of her friend frequently and is interested in how the home is designed so that it is green and conserves energy. • Said she aspired to be an architect and have homes that are good for the community and the enviromnent. • She said she knew that the Planning Commission would make the decision on the fate of her friend's home and said she hoped it did not have to lose any of its special and unique features. Matt Kamlcar, {Not presentlwritten comments read}: • Supported the project. • The applicant did not change the rules (zoning rules); he is just abiding by them. . . • He has compromised in that he did not push his plans to the limits, even though he could have. He is considerate of his neighbors. Chair Miller closed the public hearing. Com. Kaneda: • Asked if the comment made was correct that according to the previous ordinance, the second floor of this would have had to be 1,100 square feet. Steve Piasecki: The revised ordinance was a result of a very extensive process working with the neighborhood; many of the ideas came out of the neighborhood; one of those was that if we are going to treat this like a hillside area, perhaps we should give them the same flexibility that other hillside homes have in the RHS district where they are not restricted by the 45%; they are allowed to have a larger second floor with the rationale that you have a smaller footprint of the building overall. You don't force the first floor to get bigger than it may need to be otherwise. That was a conscious decision that grew out of the neighborhood process; it was very .extensive and took a long tune. Typically even in the valley floor, you are allowed to have 45% second floor to first floor ratio; even that is being discussed as was brought up under Oral Communications. Cam. Brophy: • Asked how consistent the City has been in the past regarding blocking views of existing homes, which is the fundamental issue. Colin Jung: • The city has decided not to get involved in this on the basis of this one example, that the city has written in its own ordinances that we are not responsible for the views from properties. I want to caution you about this; but I think it would set a bad precedent if you grant a property owner a right to have a view through someone else's property; unless there was. a view easement through that property that would allow them to have that. It is not to say that the City hasn't had developments, where it was a Planned Development zoning where atl the homes were built at the same time where the grading and the home construction was done to make sure that each home had its own view, but it wasn't three different homeowners building homes based on a different set of regulations, based on a different timeframe, but was done al] at the same time with that specific aspect kept in mind. 12 - 41 Cupertino Planning Corrimission 1 I July 22, 2008 Chair Miller: • Relative to grading, going.baclc a number of years, before anything was done with that hillside, it was just one steep slope from top to bottom, and one of the speakers mentioned that there was a natural pad at the top. It may have been graded at some point; either just prior to the subdivision or immediately afterwards. Is there any recollection of that? Colin Jung: ' • Said that the area was developed in the County many years ago; and one of the things that we learn each, time lots get subdivided or homes get built up there, there is a lot of unengineered fill on a lot of those properties. People have pushing dirt around there for decades; those pads were set at soiree point, probably without the proper permitting authority. Chair Miller (to applicant): • Said that the uphill neighbor suggested rotating your house and sliding it forward; have you considered that as an alternative? Applicant: • Moving the house is going to have a much more deeper towering effect on my lowest side of the house; moving the house forward is going to move more dirt out of the particular lot, it will not~help in any way. The third point is .that the second floor view of the upper neighbor is not at all affected in any way because the top of the roof is at 450; the finished floor of the second floor is at 453 of the upper neighbor, so its about 3 feet above the roofline, It would not affect the view from the existing house. Corn. Kaneda: • The big issue is the. views, and as we have heard, the City doesn't protect views. The height of this building compared to the other buildings and what it blocks; if you look at the one section that shows the three homes; the home furthest down the slope blocks the ground floor view of this Koine; this home will block the ground floor view of the home above. The home that is furthest down the slope does not block the second floor view of the home above. • He said the unfortunate problem is that the home at the top of the slope is designed to take advantage of the views from the ground floor, and he felt that is where the problem is. • Relative to solar access, he suggested rotating it slightly, but push it north, not south. The further north you get the building, the better winter solar access you will give the other house; it gets steeper to the north and is problematic to do that. • The. home could be much bigger; it is 1,000 square feet smaller than it could be. He said he was concerned about the depth of the cut into the hill for the basement. Com. Brophy: • Said he was concerned about the height of the building, and was open to being convinced. The applicant has attempted to deal with the objections of the neighbors; he said he was presently inclined to support approval with the additional clauses that staff recommended at the beginning of the meeting. Corn. Rose: . • Said that everyone was feeling some of the struggles on both sides of the property line; on one hand it is a wonderful experience to have found a lot to be able to build such a big house on; on the other hand, she felt for the existing neighbor who also just finished doing the same thing. She said she was optimistic that the applicant would have some good ideas on how to make it work out after hearing the honest input from the speakers. The house conforms to the ordinance as it stands today; there doesn't appear to be any place that allows them to change or 12-42 Cupertino Planning Commission 12 7uly 22, 2008 mandate any change to the proposed structure, other than reducing the height slightly, but she did not see any way to make that happen. Said she agreed with Coms. Kaneda and Brophy; but was not knowledgeable enough about the. grading process and would rely on the city's geologist report and assumed that the information from that would be considered as they decide to move forward. Her wish was that it could work out for everybody, as they both have the right to have their dream homes. Chair Miller: • The issues go back further than just what is happening tonight; when the subdivision was done it was probably too aggressive a subdivision and perhaps two houses might have fit better on this property than three. Unfortunately, we don't have the luxury of doing that now, there are three lots, each one of these owners has the right to develop their property and when we look at the ordinance, if it was under the Rl or under the RHS, we might be coming up with a different result, but it's not under either one of those ordinances; it has its own special ordinance. • Some people feel unfairly put upon because of the current ordinance; however, that ordinance was put in place because other people felt unfairly put upon and that was a compromise with a larger group of neighbors; it is difficult to make everyone feel comfortable and. reach some compromise that works for everyone, and we wish we could. In this case, it hasn't happened; those 15 neighbors in general were unhappy with That ordinance .that governs their development there, and they fought against it. Some speakers said they got the benefits from that ordinance, but in fact, they didn't feel that way, and they opposed it and they lost out at the City Council Ievel. Here at the Planning Commission level, we did not support the current ordinance that govems those 15 lots; we opposed it; but the City Council chose. to take a different direction and they approved what is in place now and at this level our job is to adhere to the rules and to the ordinance. As everyone has said, the current proposal meets in every way the ordinance that is in place now and in a number of ways, is unlike some applications that we see, is actually coming in Iess than the maximum requirements and the big one is the 5,500 square foot above ground requirement, which this applicant is coming in at only 4,500 square feet and the other two neighbors are already 5,500, which puts their mass at a higher level than this house. ~ Relative to grading, it is hard to see that it's one slope, that this house is taking out snore dirt than the others did; in fact the others probably took out at some time more dirt just because they have a larger footprint on the first floor. Said he was sensitive about the solar issue; however, it does seem like the neighbor with his expertise, has done an excellent job in designing a house that requires. minimal energy. The wall discussed is mostly the eastern wall and his understanding of solar is the southern exposure is the most important one; the western is the second most important one; and the easterly is the least important; the north does not count at all. It doesn't seem like the solar, if there was any blockage at all to the solar aspects of it; it will be minimal in terms of the energy savings that the neighbor is going to benefit from. The house does not have the overhang that protects the windowed area when the sun is high in the sky during summer; it seems for a number of reasons that the passive solar issues that were raised here tonight, don't seem to be as important as some of the other issues. As the other Commissioners stated, the most importanf issue to the uphill neighbors is the view, and Cupertino does not have a position on views and does not protect views and it would be a mistake for us to set a precedent to do so here tonight. >*or those reasons I support the application with the provisos that the screening of privacy of the two adjoining neighbors is done appropriately. The other issue is water runoff both from the top lot and middle lot to make sure they both tie into the storm drain system, sa we don't exacerbate the situation in terms of runoff. 12 - 43 Cupertino Planning Commission 13 July 22, 2008 Motion; Motion by Corn. Brophy, second by Com. Kaneda, to approve the ~ draft resolution, adding to it Clause 5: the replacement of the two mitigation Oaks, and Clause 6: to increase the setback of the east retaining wall from 6 to 8 feet in order to accommodate a suitable privacy landscape screening. (Vote: 4-0-0; Com. Giefer absent) the meeting, the agenda was moved to Item 4, New Business. 4. Briefin on Housing Element update process and selection of a Planning Commission member attend stakeholder meetings. . Steve Piasecki; • Said that the Hour Element update process had been kicked off and Bay Area Economics held 24 interviews wi potential interested stakeholders. Paul Penninger, Bay Area Ec nomics (BAE}: • Provided an overview of wha the housing element process entailed. Asked one commissioner to attend three focus group sess~ ns conducted over the next two to three months. • The housing element is one of se n General Plan elements required by the State; a primary document used by local jurisdiction to identify housing needs and to ascertain where new housing should go. It tends to be updat every 5 to 7 years by law, although in California it is on a 7 to 9 year cycle. The current housi element planning period is from 2007 to 2014; the State does not require the housing elemen to be approved and submitted until June 2009. The housing element contains a needs assess nt, constraints analysis, goals and policies and an inventory of sites for new development. I also includes a plan to accommodate new housing. The essential process is that BAE goes ough a process of identifying, sites where new residential development could take place; idenh ing the housing needs; whether or not they are significant rehabilitation needs; are there ne for senior housing, for emancipated foster youth, people with disabilities; laying out a progra factions that form the plan. It is presented to the Planning Commission for approval and t the City Council. When it is approved, it is presented to the State Department of Housing nd Community Development (HCD) for certification. If certified, it certifies that it is in comp 'ance with State law; when done, it removes the city from any risk of being sued by an outsi party that may want to pursue some development proposal or have some other advocacy age a in mind. Having a certified housing element, beyond allowing you the opportunity of havi a frank discussion of what your housing needs are, is a way for the you to position the city to c ete for certain types of housing and transportation infrastructure funds and also it avoids e potential of future litigation. There is no automatic regulatory process at the State level ere HCD is going to come iri and force you to have a certified housing element; they can on deny you certification based on their reading of the law and thus expose the city to a certain inimal threat of litigation. Given that we know there are a lot of concerns about development in Cupertino, an in particular there are concerns about maintaining the city's quality of life about schools, park open space, the impact of new housing developments could have for good or bad of the city's future, what we are doing with this time around with the housing element update process, is a 12-44 NEW RESIDENCE FOR SHESHAPRASAD KRISHNAPURA & MALINI MINASANDRAM 21947 L~ NDY LANE CUPERTINO, CA 94043 W 0 b b h h v A R ~"~ ~ COImalAnOe M PAYma Ae0 aTYPLD conc. DPIVroAl PATIflte. 7BII9aa, a1'rLa Da0 S 16°08'05" W SCOPE OF WORK: NEW TWO STORY SINGLE FAMILY RESIDENCE W/ BASEMENT INDEX A-0 SITE PLAN C-1 TOPOGRAPHIC PLAN C-2 DRAINAGE ~ GRADING PLAN L-1 LANDSCAPE ~ PRNACY PROTECTION A-1 FIRST FLOOR PLAN A•1.1 BASEMENT PLAN A-2 SECOND FLOOR PLAN A-3 ROOF PLAN A-4 ELEVATIONS A-5 ELEVATIONS A-6 SECTIONS A-7 SECTIONS A-8 ELEVATION SECTION 196,4,~- ~~ f ,,.n{i BUILDING DATA APN: 356-25.029 ZONE: R-1 (ORDINANCE: 07.2011) GROUP OF OCCUPANCY: R-3/U-1 TYPE OF CONSTRUCTION: VB STORIES: 2 WITH BASEMENT LOT AREA: 20473 BASEMENT: 1976.64 SQ. FT. 1ST FLOOR AREA: 2040.33 SQ. FT (W/0 GARAGE GARAGE AREA: 540.75 SQ. FT 2ND FLOOR AREA: 1918.43 SQ. FT. TOTAL FLOOR AREA: 4499.51 SQ. FT. (91 JO BASEMENT TOTAL FLOOR AREA: 6476.15 SQ. FT. (W BASEMENT) California Fire Code Celiforata Building Code California Mechanical Code California Plumbing Code California Electric Code Energy Effidency Standards 2007 Editiaa 2007 Edition 2007 Edition 2007 Edition 2007 Edition 2005 Edition (Title 24) Along with any other applicable Local and state lava sad regulations. W irz ® ® •-- ••-r i ' i ~ \ N 14'0156„ f 16148, SITE PLAN SCALE: 1"=10'-0" __---~=a~o~=ib { r.. .. ~2~ Y i i ~ j ~t}4(~ __.y~c ~tia . ~ \ ~'.. ° N O rn N W ~D N VICINITY MAP z~ a°~ ~~ n~~ ~~ ~a~ e~ ~~x o0 M ~~~ yN U~~ F~ ~w ~ ~~i ~b ~d ~ N ~ U ~~ ~E+ W3 aw Hz N~ Drs the Date 4/408 Scale ItOTBD Job 56001 sheet A-0 or i /1, ~~\ --, < <6 \ - _ ~- \~\ ~` ` ~ V~~\ -- - I ~ ~ ' ~ ~ ~ \ ~ ~\ ~' a ~ RY ~ R~1 E ` ~ \ 1 \ ~ \ \ \ \ \ \ ~'~ \ B,LLCUI ~ ~ ,\ ~\ \ ~ ,\ ~ ~ -~. , ~ ' ~ \ \ \ 08'05" APPROVAL. ~ ~ ~/ ,,, yrMm4~puM- ~ \ °`K Plmut~ng Contrnlsshn Tr 2,~0~ ~ ~ ~ ~ \ ~~ ~ ; , , / TOPOGRAPHIC PLAN i~ Signature SCALE: 1"=10'-0" f Gee AI ater I w e rn IN W .O N F aUd m~ Uma °~ ~xaU ~F ~0 0 ~U~ wa ~~~ w~ aw Hw ~W a ~x w~°a ~ °' ~N ~~ ~W zz ~i a F Wa ~w (~~ nU Dra cn Date 4/4J08 Scile IP01'ID Job SR001 sn~~t C-1 Of LEGEND EARTHWORK TABLE SS SANRARYSEWER LINE W sroRM DRAIN LINE W WATER l1NE STREETLIGHT 1 O~ ~~ O PGAh PGBEVAULT 1 PROPOSED GRADING 1072 CUBICYARO 200 CURIO yARD CT ~K"7 WATERVALVE \ ~ N07E ® CURB GTCH BASW / ' / \ EMTHWORN QUAHIIIIES ON THIS TABLE ARE FOR WFORMA1gN ONLY. O SONH STORM GRAIN MANHOLE / Yh ~T CONTRACTORS ME TO PERFORM THEIR OWN QUANTITIES TAKE-0FF. QSSMN SANRARY SEWER MANHOLE \ 1 O SSCD SANRARY SEWER CLEANOUf I \ \ \\ \ Q BENCHMARK \ v V7 \ -ZOO- CONTOUR LINE \\•\ ~ ,\ / \ \ ~"~ SWAIE FLOW DRECTNDN I I OMON \ 1\ ppi~ MONUMENT ~ ~ LH DOVNSPp1T rVp ~ \ \ ~ B \ VRH SPLASH-BLllCK FA. \_~_\ L~ RETAINING VALL \ ~ 423. \ • <O B F. 3.5 ~ ABBREVIATION `~ ~ >< 1 ~ 421 BW ~ \ \ $ u. ~ Pll.E. PUBLIC UTILITY EASEMENT \ ~ ~ N .7 W W 4 0~ 1 \ ~ PS.S.E. PRIVATE SANITARY EASEMENT c5 ~ \ CDNL CONCRETE 4r ~ \ - _ , 11 CB CATCH BASIN - %\ ~ S/V SIDEVALN t \ - -_ \ KK BW 42J (E) 6 (N) EXISTING 6 NEV - C L G CURB t GUTTER ~ ` O \ F - \ Q8'05a PVC POLYVINYL CHLORIDE 1 y1 \ ^ \ ` W~j \ \ W -1 DRAIN IKET / \ ND' 1~ ~ ,60r FG FINISH GRADE ] \ 4 GFF GARAGE GRADE (FRONT EN-I ~ \ ~ '~ \ \ ~ Y 41 \ \ \ FF FINISH FLOOR GRADE I P \ GE EXISTING GROIMD ELEVATION \ ~ 4 TV TOP OF VALL ~ ~ •\ \ ~ -TOR \ i W 424 ((~ BY BOTTOM OF VALL `~j,A~~~ t~ m ~ ~ ~• R D ~ ~ b \ A ~ ~\~~~ ~ ~ F 5 ~-, \ \~\ was ~ ~ \l \ ,. ~ 1 D Y ~ • P MIN. SE~f T =4 ` \\~ ` N \ I 8W 4 D _ K _ ilk' \ \, \\ ~ x4 \ 4 B .C N~ eya re ' ing \4 \ \`\~ \~ AI BW.412 \ 12 - r\ 'I s bt \ BW7J U ~ NO~ ~ \ ~ ~ ~ r ~ 4 , min0`9r°We \ N \ ~~.\, NSF.. Fw ' ~ \G,RADE~TO 4 DD\W ~ \~ ° \ ~ FC 4 , ~~ ~\ry p .,\ \ . \ u~ I •~ ~ 8 B W 41B ~ "~~ ~~ ~ ~ • GRADING NDiES: !~ \ \ t \ \ \~ \\ \ W _ I L ALL VOtK SHALL COMPLY VITH TK LATEST EDITION K UBC LNQ UPC, Kq MO CITY K FREMONT, ~ MD . ~Q~r~E" ` \ ~ \ ~\ ~D L TK OVNER AND iK ENGIKER OF VORN VILL NOT K RESPOYSIBLE Fpt ENfpiLING SAEETY KASURES ANO TK lU ' \ \,K ~ \ N CONTRACTOR NUfi DESIGN CONSTRUCT, INSTALL ANO MAINTpiN ALL SAFETY DEVICES, INCLUDING SHDRINQ AND SFMLL B LY ~ ~~ \ RESPONSIBLE FOR CONFORMING TO ALL LOFJIL, STATE, AND FEDERAL SAFETY AND KALTH STANDARDS, LAV MD REGULATIQVS~ \ ~ `\ ~~ \V\\~\` \ \ ~ d O, PRIOR TO START OF COKTRU[TIOIL LONTRACTOt NLDiT VERIFY ALL dU1NT/CROSSING LOCATIONS, ELEVATIRb, CURq GUTTER ~\' `\ \ c \ SIDEVALK FLOV LINES, PAVEMENT, STREETS, AND ALL CRA-E •AINTS. IF DISCREPAKY IS FOUNq iK CONTRACTOR MUST \ \ 26148' 1 ~ ~~ \ \\ IMMEDIATELY NOTIFY TK ENGINEER AND KT PROCEED VITH ANY CpISTRJCTION UNTIL VERIFICATION AN- REVISION fIF KCESSARY) ~ \ I$ COMPLETED BY TK SAID ENGIKER ~ I ~ \ \ 4 THE E%ISTENCE AND LOCATION OF ALL IMDERGROUND U7ILITIES/S7RUCTUiES SHOVN KREON VERE OBTAINE- FROM IKORNATBH \ `,,\ I FURNISKD BT OTKRS. iK ENGINEER aSSUNCS NO RESPONSIBILITY FIXt THE C0IPLETENESS AND ACCURACY (i SAID INfORIMTION. iK CONTMCTOR MUST ASCERTAD! TK TRUE VERTICAL AND IaItIZONTAL LOCATION AND SIZE OF TImSE TO IE USED AND S1MLL BE RESPONSIBLE Fdt DAMAGE TO ANY PUBLIC pR PRIVATE UTILITICS SMOVN OR KT SHDVN HEREON ••\ 5, TK SOIL REPORTS PREPARED FRV THIB PROJECT IS A PMT OF THIS PLAN THE MDST STRINGENT REDUIREKNTS BY SOIL El71KER OR ',\ GOVCRNING AGEKIES SNALI PREVAIL. AA 6 OtADING SHALL BE OOK IN ACCORDMCE 41TH TK REDUIREKNTS AND RECONKN-ATIONS CONTAIKD IN iK SOIL REPORT FOR ~ ~ ' w _ Q MIS SITE TOGETKR 41TH ANY SUPPLEMENTS THEK76 ALL GRADING YORK SMALL BE -ONE UNDER THE OBSERVATION OF iK SOILS ~ yV'1 ~ ENGINECR. TXE BOIL ENGIKER SHALL BE NOTIFIED 48 XOURS BEFORE TK START R MY GRADING 1 7. COMPACTION REPORTS IS REDUIREO ON ALL BUILDTNG PAD VQGL I' A' IN W D. PRipt TO STMT OF ANY VOPoC CONTRACTOR MUST REVIEV iK PlANS FOR DESIGN INCOISIS7EKIES AND TYPOS SUCH AS ELEVATIONS, ~~}7 I I / / / ~ CuAB HEICNT, -IMENSIOIAS, SLOPES, ETC IF IKONSISTENCIES Olt DBVIDUS TYPOS ARC FOUNq TK CRlTRACTOA !41ST INXEDIATELY 1fu'-~ ~ ~/~,~ KTIFY TK ENGBEER OF YORK FOR VERIFICATION BEFORE PROCECDING VITH MY VORK / 11r d~ 0 r~r s~nll -f/U y, IAT6Y TK SENIDR BUILDING INPECTON 48 K1UR3 IN ADVANCE !i STMT D- YORK Fpt THIS PROJECT. / / ~ / j' 10, TK CIVIL ENGIKEA VILL BE REQUIRED TO VERIFY ON iK FRADING PERMIT THAT TK PAD LOCATION AND ELEVATION IS CONSTRUCTED DRAINAGE & GRADING PLAN ~, ~ ,' , ~ "* PER APPROVED PLANS PRIOR TO FOUNMTIDN INSPECTION TK CIVIL EAGINEER VILL ALSO BE REQUIRED TO CERTIFY THAT TK SITE VA$ / GRADED IN SUBSTMTIAL COKORMANCE ID TK APPROVED FLANS PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCIPANCY, ~ { / IL EYFORT MATERIAL (If ANY) S1wLL BE DISPOSED OF IN M ACCEPTABLE LOCATION. SCALE: 1°=1~1•~lt / / / Signa t ~, ANY COII3TRUCTTON VITHIN TK CIT7 RIGHT-OF-VAY XIISi HAVC M APPROVED PERMIT FOR CQISTRUCTION IN TK PUBLIC STREET PRiOIt r NCEMENi Di TKS VORK TK PERFORNANCC 6 TNIS VQtN IS Fall WTHpRIZED BY TK BUILDING PERMIT ISSUAKE BUT ~C~ SHOVN ON TK BUILDING PERMIT PLANS Fqt INFUIMATIP! OKY. 13. TK LMOSLAPE FINISKD GRADES VITNIN FIVE FECT pF TK BUILDING Ot STRUCTURE SIWLL SLOPE AT A SX MINIMUM FRpI TK . FOIMDATION. ALL EKTERIO NARO SURFACING AREAS (MCLUOING TERRACES) SHALL BE INSTALLED VITH A lY. MINIMLFI GRA-IENq AND SHALL -RAIN AVAY FROM TK IUILIDNG. FINISK- GRADC DRAINAGE SVALCS SHALL RAVE a MIN1MlM SLWE pf 65X. MAXIMUI GRADED SLOPE IS 30 (3 HOR120NTAL TO 1 VERTICAU. 14. UTILITY YIXtK IN TK STREET RIGHT-K-VAY KT INSTALLED BY CONTRACTOR VILL REDUTAE a SEPARATE PERMIT IY TK AGEKY PERFORMING SUCH VOiK', F a~~ ~~ I~~IFUd (off VW~ C~ w pip U x h i~ 0 UU~i MM ~~~ yN U"aw~ H~ ~ 11 W M4 xW ~P xA aU ~W zz ~a aF W$ ~w Hz N~ Reviaiona By Dra Chec Date 4/4/08 Seale NOTED Job SIG001 Sheet C-2 ~f 6P-tG to'-r n'-n' ki m'-I~' sows I p I ,Y-,o• ~~ txxoat , ~ I - I ~a tw aoeo m ~~, -1 - - >a'-Ir ~ - asM I o o ~ o. >~sx ~ o W4a I ORS" b I I I I I I I I I FAMILY I I ROOM Yom' I /~ xar+c KITCH ~ - - _ - - - M ~ SY-10 ~--- - ---------.wswr.---------- b --Y_Q- I --------------- ~ M 1 = ~ ]1NO CAR GARAGE N'-Y 6'-5 1'-fi' x'-0~ I' __ --r._- 1610 O b ~•-Y 6 ~ ---- arao +~ ~~_ b I I oeo s'-G ua¢ I I - - -~ _ sooao I I ---- R-t' -o' f-Y I •~ I 9 I ---- I I za I I I a ~ I IY-t' o ~ 4-p _ I I I g i ~-~~~ ~~ - BEDROOM I ; ; DI~NDVG ' ' APPROVAL~,.~ IY-x' j i i R~Oi-y ; CARPORT ~ ,IryiMyNrb I ~ I II $ i i B I I ___= I Planning Cornmissbn 7" a"o$ o I ~ I F~~ xxeo i i i O tt,_o. s I I R ~F~ I I I ~ ~°' ----- I SignaUire I{-+' ----- I I 5 Y RARY o ~ Crff! b ~tf ---- ----------- a r-- II .u' ua FFIr.'er I M~~ ° ~ e 'v~7il~e) E`oi o I 1e'-t~' I LIVIlNG xt I ROOM ~ I ~,` C I ~ ~ •a. Ta ;~e$8 oSo~S :s Y-n' ~ro ~xo i< aao __~ FI ST FLOOR PLAN ,o,_! SCALE: 1/4"=1'-0" v~-,o• AREA TABULATION OF 1ST FLOOR ~ 42.66 ® 3.75x12.83 = 48.11 ©17.17x38.83 = 666.71 ~ 22.5x33.83 = 761.18 ©76.3 © 5.5x24.58 = 735.19 ~ 4.25x21.25 = 90.31 ® (4+10.75)/2x6.75 = 49.78 ® 170.09 TOTAL FL OF 1ST FL LIY~NG AREA= 2040.33 S0. FT t~ AREA TABULA110N OF GARAGE ~ 6.92x11.92 = 82.49 ®20.83x22 = 458.26 GARAGE AREA = 540.75 S0. FT. b F ao~ m o Ua ~~ ~w~ thl7 ~mU F po xaxa ~~ ~0 a~ ~UZ ~~ x~~ ~~ Uaw hw ~w a ~~4 ~~ II^^ a VJ ~ ~ O ~a aF xw °~~ H~ NU Dra Che Date 4(13/08 Scale ITOTBD Job BA001 Sheet A-1 or F a~~ ~e t~~P ~~ ~~U ~~ F p0 U~0 NN ~a~ w~ dlv Fk, M M AREA 7A6J_ATIJ!! JF FCOJR 3.J5.1'N.61= S~.Gl ® IZ77X3@83 = 6E6.71 ® 2792X33.83 = 944.53 ~ ?.25.Y21.25 = 90.3! ® C?+10.751/2x83 = ?9.i@ ® 170.30 TGTAL FL AREA = !976.64 SQ. Fi ~ "~$ -/~ nrrROVa~ ~-~~ AryiYglN~y~ Planraing CorurarlssPn~t 7~a - p~ Ihk Sis~dll{TC ~ C1iC A MBrCf ~{ ~i ~i W N Q. V1 Q ~' U p~,W xz xa ah 6~~ ~~ m~ Fx ~~ Dtt Che Dtte 4113108 Scole eoTED Job 68:001 Sheet a-i.i a ~~ -,~ 1~ ~~ „~-0~ II'-? g 17 saou I aloes I ~wx mn. wwsx I ~ ° ~~~~ ,r 5 1BA1.c~ ~--- MASTER MASTER I BEDROOM - Ir- BATH I 8 - I for r I O " ---- -J---~ - -L- ~~~---------------- -- -------- ha i=---~Z -' 4 O munrWnsl ~,~ I sx •'•° W.LC. I - BALCONY I I s'-r r-o' ~ I Irx I BEDROOM ~ ~ ...~ I ~ /~ ., ex I I /"j_' _ I .~:> _::~ I '-~' ~ I ~ - ~ 8EDR00 I ~~ ' r-,o• s-r ---~ I I I r r I ... I I a• ~wolrtc>~w aol wvulc '~ p I BEDROOM I I aatx ro ~na I I = I I 0 I I I n I eS1:Y I e' °saa ~ I I ~~ - I 1~%• ~~r~ or rs •/i016 .VOrf nea 6._g. 1~_5 / R B ~a BALCONY M r snr arw« s srtrs ~, t 72' A19 AecA rAauLAriarlaF FL]OR ~ 2.51'6.83 = 1783 © 3lR39.83 =1138. a9 0 2x6.42 = rza4 ~ 13.5X3383 = 456.71 ®(592+l9.P5)/2x7.58= 95.39 ® PSiB ~ 3.33x5.58 = lB.SB ® 995i ~~,/ B !z I`7'l ~O~Og / r0 ! FLAkEAOF2NDFLOGR _ ! 16AJ SA Fr a~rROVA~ ~-abo - ~.IwH..w '°~• Ptaantng Co-araidssJnn? ~a-0~ Signature Casa A rer I F ~ a°~ ~~ i~ma p0 M~V ~N x '° F ,~'~~~ ~m Ua~ H~ p~~, ~W ~x Wn xq a~ ~~- ao ~~ "aE W~ ~w hx no Dta Che Date 4~4/OB scale NOTED Job SR001 shed A-2 Of E-9• ~ s-!' P 0 F ~ °~ Sin ~ P.o~~o m SECOND FLOOR PLAN xx ~Y-`--"--~I' ,~1-aoo~ -/~J f~~l~~; ~~~.~..~-dog -l~ ~l~i9iD.a/a'Fn ~SilPt6i3~5'~'j0lt ~~~ Q~ IMr 5isealure Caae M1lannr h a$~ ~~ (~ma p0 ~''v ~E po ~pi: ,~ti ~NO~ a~ U~~ h~ ~W ~ '~'~ Z W N xW xA a~ -~j ~ A C "~~ "aH W~ awl Hx ro~ Dn Chec Date 4/13/08 Scale nOT&D Job SH001 6heet A-3 or D F aU7 e~ t7~a °~ w~~ n~ b^ h p0 ,'e ~ ~ b N U~~ H~ N ~W ~ Z N (T ~ Q U ~W zz ~a ah xw~~ Fz rou Dra Chec Date 4(4/08 Scale AOTBD Job ST0001 Shat U1 or 0 Architectural pillar determined by owner Tuscany iron steel railing style and pattern determined by owner ~ rRartgir urn ~, /' ,- 1 D' 1 ___ ~~ ~~ ~~ ~B 1_b_ ,._a. APPROVAL 'e? 8'/~ _________________~ Planidng Con~uilsslnn 7~0~ ~~ ~~ Signaturo Cow Ito Tuscony slate tite over ~'3D felt pa~, I Class A or equal determined by owner '~ ~ I TOP OF ROOF ~ ~ v - ----- -_~,I ® I ~ ^ By OTiOM OF ^ ~ CEILING ~; I° r~artxrc uxc 1I d~ pr l~ -' , 2ND FL ~- - I I ' CEILING ~~ ~ ~~ I ~~ - ii i ~ , ~- I ' ~~ -,- ~~ - F.FL -f,- --- i~--------------------------- ' REAR ELEVATION ~, SCALE: 1 J4"=1'-0" easement w/ 9' ceiling height Tuscany slate the over ~3D felt poper Class A or equal determined by owner DECORATIVE ARCHITECTURAL PATTERN TOP OF ROOF ~ Ai ill l l !~ ~i ~ i 0 2ND FLFL CEILING F.FL 7/8° exterior cement plaster (3 coats) over metal loth, 2 layer grade "D" building paper plywood, 2z studs exterior wall LEFT ELEVATION scALE: iJa"=i'-o" F a a~a ~~ Um~ MM ~~U ~~ z o0 ~~~ NN Ne}~' U"~~ H~ m ~W ~ ~x wa ~" ~ ~ ~W zz ~a aF W~ aw Hz ~~ Dra Chec Date 44/08 sc.1e noreD Job SBDal Sheet A-5 of F a0~ ~~'~ Z"ad "'" ~~~ ~~ ~z o0 ~~~ yN U~"~ N~ ~~ I / /. /, MATR ATH ~~ ~, ---- MASTER BEDROOM ~ ~ ~~~ ~ R M ATB HROOM AUNA JA I SCALES 1/4'=i~-o° SECTION A-A TOP OF ROOF G WtOPER~' INE 2ND FI CEILING m I ~,= .rte-` ----- -------- - -- -- ~'~ -!I --- o - 0 -~~M -aoo~9 -16 At ~~~~~~~~ R ap~oe/vw~Fx ~fartsatr~g ir`olZdfPJr*Sfr~6it 7'=l~-D~} r~~ ~~ U~ 3tgn3illre lS/~.Jl,-. Cosc Ala Cer G1 (~ d ~'x WN 0 ~~y " ~ ~ { y W ~ ~ "aN xW w] Hz ~~ Revluons By Dn Ch Date 414108 Scde ADTED lob 58001 shut A-6 of C-~7 F a~~ ~~ U ~ ~ '~ ~t4~ ~~ waU ~ryN b^ 0 ~~~ yN U~~ H~ ~W ~ ~z m~ ~o ~W zz ~a as"F W~ aw hx ~v SECTION B-B -ad~6-~~ nrrROVnt ~~~6 -l~ Planning Conlnllaslon 7'o?a-~$ Iwe Signature ` Gsc Ala der Dn Cbec Date a!alos Sale 1foiFD Job SH001 Sheet A-7 or 0 h aU~ ~~ ~~~ ~M waU Uxh o'o i V o h N x~~ w°~ Uaw hk 470 --------------------------------470------------------ 470 ----------------- --46-----------------------------~ I 460 I ------------------------ _ _ 460_J ------------------------------------ _ - -- ------------ PRDPERTY LINE 2ND FL ~ j I I 450 450 450 453 ,~ I - ---------- ------------------------ ------------ --- PROPERTY LINE ® - t 8 ^o - - - - 450 ~ ___ --- ------- I 440 - --------- - ~~ ~ o 0 Q~ I I ----------------~--- --- --- -2ND~L -- --- ----- ------ - - ------ 440 ---- ----- 35 ---- I 3D = ---- l ----- ------ - _ --------------------- r~-a~e~ - __~_. 7 - -------- - - - _so --- - _ m ~L10~'_ - - ~ ~ - ----- --------- ------------------------ 430_1 2ND FL - _ _ _ _ _ m 1 -L 425 ~ 422.5 - - -- I 420 --- ---- ALCONY/TERRACE - - - - -- - ~ -~ _ , ---^' ---- 420 ~~~ BASEMENT - ----- s'-o' ~+'-~f~ --------- I -------------------------420-J S7 415 I 11.5 I 0- --- ---------------------------410 ------- ----------------------- I 41D - -~ ------------------------ 4- ------ ~ ---- -------------------------------------- ------------------------ I ---------------------------J GARAGE= " I ,F~'396.5 ---- --------- I ------------------------------ ------- I I I I sca~E~ 3/32•=i~-o• SECTION --------,~=aa~=i~- nrrROVAt, -~~ -1'~ ~~~ Plattr:fng Coetsalasttul ?,~ $ IMM A Signature _ CauAl ct N ~~ a ~x We ~4 ~~~U ~~ ac: (~ Z ~ D dU Ch Date 4/4!08 Bede dOT&D Job 68001 Sheet A-8 of ~7 EXHIBIT S BEGIN HERE cc ~ ll~ /c ~ -~~~ Linda Lagergren From: Seema Mittal [seemam@comcast.net] Sent: Tuesday, September 16, 2008 9:56 ~~M To: Dolly Sandoval; Orrin Mahoney; Kris Wang; Gilbert Wong Subject: ITEM 12 - 21947 LINDY LANE; SOLAR CONSULTANT LETTER; GEOTECH CONSULTANT LETTER; from appelant Attachments: MITTA-01-00 080912.pdf; Mittal_Mafiesh_residence_adverse_solar_impact.pdf Dear Council members, These are two brief letters from our solar and geotech consultant that we will briefly reference in our appeal today. I thought it may be prudent to send them now - (along with passing them out as a handout.) Staff report has already been issued stating our primary objectiors. Please call me if there are any questions. For those members who have not had a chance to walk in between the properties -feel free to use our side gate should you decide to vi~;it . If you decide to walk on the undeveloped lot -tennis shoes are recommended!! We will be home most of the day. Thanks you so much for your time. Seema and Sarvesh 408 334 0827 ®Geotechnical ®Geoenviromental ~5pecial Inspection _.. ... . ~.~ ~e ENGINEERS __ Septf~mber 11, 2008 BAG(i Job No. MITTA-01-00 Seema Mittal 21949 Lindy Lane Cupertino, California 95014 TEMI~ORARY SHORING FOR THE SUPPORT OF A PROPOSED 20 FOOT CUT Proposed Residence 21947 Lindy Lane Cupertino, California Ms. Mittal: This letter presents the results of our geotechnical review and consultation concerning the construction of a residence downhill of your house in Cupertino, California. As we understand, a new house will be constructed at 21947 Lindy L<~ne, which may impact the stability and integrity of your residence located at 21949 Lindy Larie in Cupertino. The following documents were received for this review and consultation: Geologic and Geotechnical Investigation titled "Moxley Subdivision, 21949 Lindy Lane, Cupertino, California," prepared by Pacific Geotechnical Engineering, and dated May 3, 2001. Plans title "The Krishnapura's New Residence, 21947 Lindy Lane, Cupertino, California," Prepared by Chia-Ching Lin, and d~~ted April 4, 2008. Preliminary Update Geotechnical Investigation titled "Proposed 2-Story, Single Family Structure with Basement, 21947 Lindy Lane, Cupertino, California," prepared by Wayne Ting & Associates, Inc., and dated July 9, 2008. As reviewed, Sheet A-8 of the referenced plans shows a cross section of the existing house and the proposed residence to be located vertically some 20 feet below your property. The proposed construction will require an approximatel~~ 20-foot-high (stepped 12' and 8') vertical excavation horizontally as close as 5 feet downhill of your property line. The Preliminary Update Geotechnical Investigation recommended the following: > www.baggengineE>rs.com > phone: 650.852.9133 > fax: 650.852.9138 > info@baggengineers.com 847 West Maude Avenue, Sunnyvale, California 94085-2911 Seema Mittal September 12, 2008 BAGG Job No. MITTA-O1-00 Page 2 "Before the proposed excavation for west retaining wall and basement is excavated, WTAI recommends a temporary shoring system be constructed along the proposed west property line, for the safely of the construction workers and the protection of the neighbor's existing structure." We essentially agree with this recommendation and are of the opinion that the shoring plans for a soldier pier and lagging wall should be included ~rvith or accompany the structural plans. It is critical that the shoring is constructed be ore any excavation is made below the existing residence. Moreover, any such shoring must be designed to limit the movement of the top of the shoring to no more than % inch. As such, removable shoring system would not be appropriate for the noted excavation, as it may impact the structural integrity of the backyard, the house, and other improvements existing above tl~e proposed excavation. Again, we stress the fact that a lateral movement at the top of the shcring system is undesirable and the system must be designed with this limitation in mind. Also we would like to emphasize that the shoring and excavation be performed outside the rainy reason moratorium. There are utility trenches located near the property line and during the raining season the utility gravel backfill will collect seepage and deliver the water to the top of the proposed excavation. Thank you for the opportunity to be of service on this project. Please do not hesitate to contact us, should you have any questions or comments. Very truly yours, BAGG ENGINEERS ,aoFessroN A ~y~,A Q~;;J~~ A (~~~ F ..-~TL~ C,sY~-'~Qi ~'o ~ EXP 12T3 Bruce Gaviglio~s~°opecH Sr. Geotechnical E~~ , BEG/JVZ/sd Distribution: 6 copies addressee -BAGG mr~v EE a~ 1 8 6 6 B o n h i l l D r, F o' s o m, C A 9 5 6 3 0 Phone 91 F-977-3804 Email : s m i t a g u p t a i 3@ g m a i!, c o m September 11, 2008 Dear City Council members: I have provided consultation on the photovoltaic system and passive solar aspects of the Mittal /Mahesh residence (21949 Lindy lane, Cupertino). In the Cupertino climate which is relatively mild with higher heating degree days than cooling it is prudent to design buildings that would have passive solar heating as far as possible to minimize the energy use. And the residence has been designed to take advantage of the east and south solar access and it is important to preserve that. I have toured the site and reviewed the impact of the story poles (21947 Lindy Lane) sited in the adjacent parcel. I have additionally run detailed solar analysis on the potential impact to the east facade using the proposed building dimensions and location and found significant loss of solar access in the winter mornings which is cruci~~l to providing heat to the internal thermal mass for benefit during the rest of the day. The average percentage of hours shaded by the proposed neighboring structure in winter are estim~~ted to be 6-7%, with a maximum shading of 60% in some months. This has significant impact on the benefit of solar access which is useful in offsetting the heating load in the winter months. More detailed monthly numbers and averages will be presented at the hearing on the matter. Adclitionally the daylight availability also offsets the need for artificial lighting in the main living area and any loss in that will also be detrimental to the overall energy use in the residence. In light of these solar losses that the Mittal/Mahesh residence would suffer, I would highly recommend that the neighboring structure be either: a. restricted in height to further minimize projection above the floor level of the Mittal/Mahesh residence, or b. the long vertical wall created by the approx 70' long facade be reduced as much as possible to minimize the obstruction to the PJlittal Mahesh east faced solar access, or c. the building facade be moved further away (at least another S') thus increasing the distance between the two buildings or d. be sited elsewhere on this half acre property so as to least obstruct the east facade in question. Both at the state and global level the importance c-f conserving energy towards mitigating the climate change impacts has become a high priority. And energy efficiency in the built environment is considered a first order task in the loading order adopted in the Integrated Energy Policy of the State. The responsible public agencies in the state have adopted an aggressive goal of achieving net zero energy use in the new residential sector by 2020 and the building energy efficiency standards will drive towards the goal. Also, green building standards such as the LEED rating system; consider more weii;ht for low energy use in buildings, which is best achieved by passive solar design strategies. In light of these global concerns the City should send the right message in its support for the envir~~nment and state policy of reducing energy use in the built environment, while reviewing the nf~ighboring construction for allowable height . and set back related to siting within the parcel and consider the potential adverse impacts on the energy use of the Mittal /Mahesh residence in its resolution. I will be unable to attend the hearing scheduled for Sept 16, 2008 and request this letter be considered in lieu. I present this letter in the capacity of an energy consultant on this project. t am an architect by education with a Masters in Building Science dealing in bioclimatic design, detailed simulation and analysis for energy efficiency and have been involved with energy analysis in the built environment for over 10 years now, both in the policy and standards development as well as consulting role. I am currently an Energy Specialist at the California Energy Commission in the Buildings and Appliances Office that sets the Building Energy Efficiency Standards (Title 24, Part 6) and consulted for this project privately. Sincerely, Smita Gupta Energy Specialist LEED'"' Accredited Professional cc 91r~1o~ Linda Lagergren '~f ~ From: Seema Mittal [seemam@comcast.net;~ Sent: Monday, September 15, 2008 1:24 Ph1 To: Dolly Sandoval; Orrin Mahoney; Kris Nang; Gilbert Wong Subject: Request from appelant, Proposed home on 21947 Lindy lane. Item 12 on tomorrow's agenda. Madam Mayor and City Council members, We are the residents of the uphill home and would humbly like to request you to vist the two sites in question. We will really appreciate it if you can walk through our side yard or in between the story poles and our property to clearly understand the context of our appeal tomorrow, as opposed to what you might see via a simple drive by. We will make ourselves available if you need us to be here, anytime between now and the hearing, should you want to stop by and ask any questions. Thanks a lot, Seema and Sarvesh ~ /~2 Kimberly Smith From: Jeffrey Hare [jbhlaw@pacbell.net] Sent: Monday, September 15, 2008 4:24 PM To: Dolly Sandoval; Orrin Mahoney; kwan@cupertino.org; Gilbert Wong; City Clerk; Steve Piasecki Cc: 'Seema Mittal' Subject: Emailing: Letter to Planning Commis:~ion0001, Letter to City Council 9-15-2008 Attachments: Letter to Planning Commission0001.I~DF; Letter to City Council 9-15-2008.PDF Importance: High City Council of Cupertino Planning Director City Clerk Re: Appeal of Planning Commission Decision Agenda Item #12, City Council Meeting Agend;~ for September 16, 2008 Residential Design Review for 21947 Lindy L;3ne Appellant: Seema Mittal and Savesh Mahesh Attached is a letter to the Mayor and Members of the City Council, along with a copy of my earlier letter to the Planning Commission dated July 21, 2008, which I do not believe was included in your Council packet. Thank you for your consideration of our comments. Very truly yours, ]effrey B. Hare Jeffrey B. Hare, APC A Professional Corporation 501 Stockton Avenue San Jose CA 95126 408-279-3555 (Direct) 408-279-5888 (Fax) ~bhlaw(~pacbell.net Your message is ready to be sent with the following file or link attachments: Letter to Planning Commission0001 Letter to City Council 9-15-2008 Note: To protect against computer viruses, a-mail. programs may prevent sending or receiving certain types of file attachments. Check your a-mail security settings to determine how attachments are handled. 1 JEFFREY B. BARE Attorney at l.aw A Professional Corporation 501 Stockton :lvcnuc San dose California 95126 Tel: 408-279-3555 F'ax: 408-279-5888 Jbhlaw@pacbcll.net July 21, 2008 Via Regular and E-mail CHAIRPERSON AND MEMBERS OF THE CUPERTINO PLANNING COMMISSION CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 RE: RESIDENTIAL DESIGN REVIEW AND MINOR RESIDENTIAL PERMIT' FOR 21947 LINDY LANE (R-2008-14 R,ND RM 2008-16) Dear Chair and Members of the Planning Commission: This letter is submitted on behalf of my clients, Seema Mittal and Sarvesh Mahesh, owners of the property located at 21949 Lindy Lane, Cupertino, which is located immediately adjacent to the property which is the subject of your review. Ms. Mittal and Mr. Mahesh oppose the Application for the reasons set forth herein. 1. "fhe proiect does not conform to the zoning r~ulations that were in effect when the 3-lot subdivision was orictinally approved by the t~ity Council. As noted in the Staff Report, the proposed development is located in the middle lot of a 3-lot subdivision initially approved by the Planning Commission in 2001 and the City Council in 2004. My clients purchased the uphill property (Lot 1) at 21949 Lindy Lane in or around February, 2005. Ms. Mittal, an Architect by profess>ion, took painstaking care to review the zoning regulations then in effect, and designed her lilture home taking into account the maximum parameters allowed for the downhill property on Lot 2. She specifically designed her family's home to take full advantage of the beautiful views, maximize passive solar energy to reduce reliance on mechanical heating and cooling systems, and incorporated structural elements to ensure hillside geologic stability. Unfortunately, while living away from the property during the construction phase, my clients were unaware of proposed changes to the zoning regulations, under which the current application has been submitted. Most significantly, the mass alld scale of the proposed design will serve not only to obliterate the wonderful views of the valley that my clients have enjoyed, but also will serve to defeat the passive solar energy design of tE•~e structure itself. In addition, the proposed placement and design will require installation of a massive retaining wall that could possibly threaten the geologic stability of my client's property. 'The cut and grading required for Planning Commission July 21, 2008 Page 2 installation of the footing for this massive retaining wall right at the setback line could undermine the stability of the underlying bedrock which provides support for my clients' home. 2. The proposed development is inconsistent with the Qurpose and intent of the Single- Family Residential (R-I1 Zoning regulations. Chapter 19.28 of the Cupertino Municipal Code provides, in pertinent part, that the Purpose of establishing R-1 single-family zoning districts is intended to "create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighborhoods. B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Reinforce the predominantly low-intensity scatting in the community. The proposed development is inconsistent with the purpose and intent of this 7.oning District for several reasons, as will be discussed below. A critical clement of the proposed design, as noted above, is that the upper story will infringe upon the adjoining property owner's passive solar design. Section 1 of the R-1 Zoning Ordinance states, in part, as follows: Solar Design. The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or ~cctive solar purposes, provided that no such structure shall infringe upon solar easernents or adjoining property owners. (§19.28.060(I); emphasis added.) The Staff Report correctly notes that there are no solar easements (at p. 5), but does not address the point that the Zoning Ordinance expressly prohibits any structure from infringing on solar easements or adjoining aroperty owners. Here, the proposed design, as depicted by the story poles, will clearly infringe on the adjoining pr~~perty, effectively defeating both the views and passive solar design so carefully incorporated into the design of the uphill property. The focus here is the fundamental purpose of thy: 7_oning Ordinance - to "ensure a reasonable level of compatibility in scale of structures with residential neighborhoods." Where the proposed design of a new structure has the potential to adversely affect adjoining properties, the Zoning Ordinance provides for a process of review, and allows adjoining neighbors the opportunity to comment on those featwes of the proposed design that could have significant impacts on their property. Therefore, even if the proposed design meets the specific, numeric maximum parameters set forth in the design guidelines, the "Coning Ordinance allows for further modifications to "ensure a reasonable level of comf~atibility" with the adjoining properties. Here, slight modifications to the proposed design would allow the applicant full benefit of their property, but would preserve most of the passive solar function of the uphill property design, as well as some of the views. It is exactly this type of modification that is contemplated under the provisions of the Zoning Ordinance in order to allo~N fora "reasonable level of compatibility." Planning Commission July 21, 2008 Page 3 3. Further design modifications and tniti atp ion of adverse impacts will be required before the required findings can be made to approve: the permit. Section 19.28.100, "Two-Story Residential Pem~it," allows the Director of Community llevelopment, and by the basis of this referral, the Planning Commission, to "approve, conditionally approve, or deny the application. The permit can be approved only upon making all of the followine findings: 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances, and the purposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or incurious to propert o~improvements in the vicinity> and will not be detrimental to the public health, safety or welfare. 3. "I'he proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining_properties have been reasonabl~mitit ag fed. (§ 19.28.100(D); emphasis added). 'fhe Zoning Ordinance contemplated that even if a proposed two-story single-family home design met the numerical parameters set forth in the Code, the City would have the authority to impose conditions and mitigation measures before approving the permit, in order to ensure compliance and consistency with the General Plan tmd subelements, including the City's Zoning Ordinance. The required findings above include a finding of consistency with the purposes of Title 19~; avoid any detrimental impacts on other property in the vicinity; that the proposed ~ 19.04.020 Purposes. The purposes of this title shall be to promote and protect tF~e public health, safety, peace, morals, comfort, convenience, and general welfare, including the following mare particularly specified purposes: A. To further promote, and accomplish the objectives, policies, and programs of the Cupertino General Plan; B. To protect the character and [he social and economic stability of agricultural, residential, commercial, industrial and other areas within the City; to asstue the orderl~i and beneficial development of such areas; and more particularly, to lessen congestion and assure convenience of access; to secure safety from fire, flood and other dangers; to provide Cor adequate light, air, sunlight and environmental amenities; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and undue concentration of population, to facilitate the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and employment opportunities; to facilitate the adequate provision of transportation, water, sewage, drainage facilities, schools, parks and other public developments; to protect the food supply; to conserve property values; to promote efficient urban design and arrangement; ar.d to secure economy in governmental expenditures; C. To mitigate the negative impacts to public safety resulting from the location of buildings, and the uses of buildings and of land, adjacent to streets and highways while at the same time facilitating existing or prospective traffic movements throughout the City. Planning Commission July 21, 2008 Page 4 project be harmonious in scale and design, and to mitigate visual impacts on adjoining property. The Code requires that all of these findings must be made before a permit can be approved. In addition, the Zoning Ordinance specifically requires that no exceptions may be granted unless all specified findings as set forth in § 19.28.1 l0 be made. Most noteworthy among the required findings is that the "proposed exception will not result insignificant visual impact as viewed from abuttingproperties." Here, there is no question but that the proposed second story design, although permitted under the modified Ordinance that was adopted subsequent to the approval of this 3-lot subdivision, would have a si ttificant visual impact as viewed from Ms. Mittal and Mr. Mahesh's property. Unless the desil;n is further modified, we submit that the failure to satisfy the requirements of this finding would be sufficient grounds for denial of the proposed project. 4. The proposed development is not consistent with the requirements of the Citv's Residential Hillside fREiS Zoning_regulations. The City's Residential Hillside Zoning regulations were adopted to ensure that residential development in the hillside areas would be balanced with the need to conserve natural resources and protect life and property from natural hazards. Towards this end, the RHS regulations are designed, in part, to: C. Ensure a reasonable level of'compatibility in scale of structures within residential neighborhoods; and D. Maintain spatial relationship between structures and within neighborhoods. (§ 19.40.010). In addition, the RHS Zoning Ordinance provides, in pertinent part, as follows: 19.40.120 Solar Design. The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes; provided, that no such structure shall infringe upon solar access or property rights of adjoinint;property owners. [...] In other words, the RHS Zoning regulations expressly address and prohibit a structure from infringing upon the solar access of adjoining property owners. This provision is not limited to situations involving solar "easements," but is expressly applicable to the "solar access" rights of adjoining property owners. Here, Ms. Mittal specifically designed her home in reasonable reliance upon the then-existing zoning standards in order to permit her to utilize natural passive solar energy. The RHS Ordinance expressly states that the chapter is intended to "ensure a Planning Commission July 21, 2008 Page 5 reasonable level of compatibility in scale of structures," and to "maintain a spatial relationship between structures and within neighborhoods." Allowing the enlarged second story to the extent proposed by the adjacent property owner would defeat the passive solar design element deliberately incorporated by Ms. Mittal when she designed her home. 5. Unusual Circumstances preclude the City's use of an exemption from the requirements of the California Environmental Quality Act fur this Project. Neither the Staff Report nor the Drafi Resolution makes any reference to compliance with the requirements under the California Environmental Quality Act (CEQA) for this proposed development on hillside property. The RHSLonin;; Ordinance (Chapter 19.40) acknowledges that the purpose and intent of the RHS Zoning District is to preserve the natural setting in the hillsides, and that the to ensure that the utilization of land for residential uses is balanced with the need to conserve natural resources and protect life ;tnd property from natural hazards. The hillside location, amount of grading required, and the project's inconsistency with specified elements of the City's Zoning regulations render it ineligible for consideration for a categorical exemption under CEQA. (14 Cal. Code Regs. §15300.2). Whereas a similar project located on flat land may qualify for such an exemption, this project's unique location on a lot with an approximately 28% grade slope could have significant, adverse impacts on the stability of the hillside. The impact of the ultimate design and placement of the project structure could impact not only the uphill property, but the downhill property and the stability of Lindy Lane itself, which provides vehicular access to a number of other residential properties in the area. The Staff Report provides that the retaining walls and setback regulations "will be reviewed, along with the basement and foundation, by the applicant's geotechnical engineer and the City's geologist prior to building permit approval." (at Page 4). In addition, the Staff Report requires that a "construction management plan" will be required as part of a building permit application. However, no additional detail, soils studies, or other relevant geologic information has been provided at this time by the applicant. The City htis not requested an Initial Study. Ms. Mittal has identified the potential adverse 1;eological impacts that could result from the extraordinary amount of grading that will be required, the placement of the proposed retaining walls, and the potential for destabilization of the sensitive hillside environment The City's Zoning Ordinance specifies that one of the criteria for permit approval is that it will "not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or w~;lfare. (§ 19.28.100(D)). We therefore submit that the City should require the applicant to prepare and provide appropriate soils and geotechnical information, a construction management plan, and other information per the requirements under CEQA. Tlie hillside location and nature of this project render it as an exception to the exemptions due to the unusual circumstances in this case, and the City, as Lead Agency, needs to comply with CEQA. Conclusion Planning Commission July 21, 2008 Page 6 Ms. Mittal went to great lengths to study existing zoning regulations and designed her home not only to be fully compatible and consistent. with the City's requirements, but also to take into account the eventual development of the adjacent hillside lot per those requirements. Ms. Mittal was well-ahead of the curve in her efforts to design a home that was `'Green" before it became fashionable, incorporating unique passive solar features and other elements to allow it to fit into the hillside environment. The changes in thy; City's zoning ordinance, while allowing the much larger second story features that now threaten to block her views of the valley Floor, as well as defeat the passive solar features of'the home, still provide for a degree of discretion to ensure ultimate compliance with the fundamental purpose and intent of the City's regulations: compatibility with the surrounding residential neighborhood. Ms. Mittal has stated that the proposed building design for 21947 Lindy Lane might be suitable for a flat lot, but is inappropriate for a slopi ng hillside property with 29% grade. She is not saying that the adjacent property should not be ~~eveloped -only that the development should comply with the City's R-1 and RHS Zoning ordin~mces. She has submitted information that shows this can be accomplished with some modest changes to the proposed project, and requests that the City give careful consideration to the feasit~le alternatives she has proposed. Otherwise, my clients have no alternative but to request that you deny the application as proposed. 'T'hank you for your consideration of our request. Respectfully submitted, ,......,,~•~ \7 t ~~. Jeffre~ B. Hare cc: Charles Kilian, City Attorney Steve Piasecki, Director of Community De~~elopment Colin Jung, Senior Planner Clients JEFFREY B. HARE Attorney at Law A Professional Corporation 501 Stockton Avenue San Jose California 95126 'CeL• 408-279-3555 fax: 408-279-5888 Jbhlaw@pacbell.net September 15, 2008 Via E-mail MAYOR AND MEMBERS OF THE CUPERTINO CITY COUNCIL CITY OF CUPERTINO 10301) TORRE AVENUE CUPERTINO, CA 95014 RE: APPEAL OF PLANNING COMMISSION DECISION CITY COUNCIL MEETING SEPTEMBER 16, 2008; AGENDA ITEM #12 RESIDENTIAL DESIGN REVIEW AND h11NOR RESIDENTIAL PERMIT R-2008-14 AND RM 2008-16 (21947 LINDY LANE) APPELLANTS: SEEMA MITTAL AND SAVESH MAHESH Dear Mayor and Members of the Cupertino City Council: This letter is submitted on behalf of my clients, Seema Mittal and Sarvesh Mahesh, appellants and owners of the property located at 21'J49 Lindy Lane, Cupertino. They are appealing the decision of the Planning Commission on July 22, 2008 for the Residential Design Review and Minor Residential Permit for the property located next door at 21947 Lindy Lane. The primary basis for this appeal is that the adverse visual impacts to the adjoining property which will result from the proposed mass ,ind scale of the project's upper story have not been adequately mitigated. In addition, appellants ~:ontend that the proposed project is not harmonious in scale and design with the neighborhood, and the project is not consistent with the Cupertino General Plan or the R-1 Zoning Ordinan~;e. This letter incorporates my earlier letters dated May 28, 2008, and July 21, 2008, that were previously submitted to the City.l Introduction Planning Staff acknowledges that the application for development of the property located at 21947 Lindy Lane is the first proposal under the new ordinance (No. 07-2011, adopted in ~ Some issues raised in the earlier letters have since been addressed by the City or the project applicant; e.g., the retaining wall location has been moved back to the required 5-foot setback; and the City has identified the CEQA exemption. However, since a copy of the July 21 letter does not appear to be in the Council packet, a copy is attached for your reference. Cupertino City Council September 15, 2008 Page 2 November, 2007), which revised Section 19.28.050 of the R-1 zoning ordinance. Appellants submit that the application of the modified development regulations reveals -for perhaps the ftrst time -certain inconsistencies with the underlying purpose and intent of the City's zoning ordinance and regulations. As detailed in earlier correspondence, Ms. Mittal and her husband purchased the uphill lot in early 2005. Ms. Mittal, a professional Architt;ct, devoted a considerable amount of time analyzing the applicable zoning regulations and guidelines, and deliberately designed her home taking into account that someday the downhill lot (I,ot 2) would be sold and developed with another single family home. Ms. Mittal designed h~:r home to take full advantage of the wonderful views of the valley floor, and incorporat~;d sophisticated passive and active solar energy systems and breezeway to minimize dependence on mechanical heating and cooling systems. Unfortunately, because they were living c ff--site during the construction, they received no notification of the pending changes to the Ordin,ince. It was only when the story poles were installed on April 17, 2008, that Ms. Mittal and her husband first became aware of the new ordinance, which effectively allowed her neighbor i:o double the mass and scale of the upper story portion of his building compared to what had been previously allowed under the code, and on which she had depended in the careful "green" design of her home. The Staff Report summarizes and responds to several of the major areas of concern raised by the appellants. For the sake of convenience, this; letter will address these issues in the order presented in the Staff Report. 1. The Project is not compatible with the scale and design of other residential uses in the neighborhood. The Staff Report highlights that the proposed h~~use is 1,000 sq. ft. smaller than the two adjacent homes in the 3-lot subdivision on Lindy Lane, but this is somewhat misleading. The Report acknowledges that the second story of the t~NO other houses meet the 35% limit that was in effect when they were constructed in 2005-06, gild that the second story of the proposed house will be 74.3% -- more than double -the size of the others. In addition, because the covered balcony (approximately 500 sq. ft.) and basement (approximately 2,000 sq. ft.) are not counted in the total FAR (floor area ratio), the total size of the structure will measure almost 6,500 sq. ft., with an upper story more than twice the mass and ~~cale of the adjoining properties. As a consequence, the proposed building fails to satisfy the requirement under the City's Zoning Regulations that it be designed to "ensure 2t reasonable level of compatibility in scale of structures within residential neighborhoods." (§19.28.010(C), "Purpose."). In addition, the mass and scale of the proposed residence fails to comply with the building design guidelines for new, two-story houses, which states, in part, as follows: The mass and bulk of the design shall be reasonably compatible with the predominant neighborhood pattern. New a~nstruction shall not be disproportionately larger than, or out of scale with the neighborhood pattern in terms of building forms, roof pitches," etc. (§ 19.28.060(C); emphasis added). Cupertino Ciry Council September I5, 2008 Page 3 The Staff Report also acknowledges that the proposed house will be "larger than many of the older residences in the neighborhood." We submit that allowing an upper story that is more than twice the size and scale of the adjoining properties would allow a structure "disproportionately larger than, and out of scale with, the neighborhood pattern." Just because the modified zoning regulations allow it does not mean that the City is required to approve it. In fact, the City's Zoning Regulations demand otherwise. Section 19.28.050 was modified to provide specific development regulations for properties located within the specified hillside area, but does not operate as a stand-alone zoning regulation. Nothing in Section 19.28.050 modifies, deletes or supersedes the fundamental purpose of the Single-Family Residential Zone (R-l) regulations as set forth in Chapter 19.28, which, in relevant part, states as follows: B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods. (emphasis added). Moreover, as set forth emphatically in Section 19.28.020, "Applicability of Regulations:" No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R-1 single-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. (§ 19.28.020, emphasis added). The 2007 modification of Chapter 19.28 dici not eliminate the general requirements under that Chapter, or under Title 19 itself. As we previously noted in a letter to the Planning Commission, Section 19.28.100, "Two-Story Residential Permit," allows the Director of Community Development, and by the basis of this referral, the Planning Commission, to "approve, conditionally approve, or deny the application. The permit can be approved only upon making all of the following findings: 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances, and the Qurposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, aild will not be detrimental to the public health, safety or welfare. 3. The proposed project is harmonious in scale and desi¢n with the general neighborhood. 4. Adverse visual impacts on adj_oininQ properties have been reasonably miti ag ted. Cupertino City Council September 15, 2008 Page 4 (§19.28.100(D); emphasis added). Therefore, the 'Coning Ordinance expressly provides that the City must make all of the foregoing findings before approving atwo-story project, and further, the City has the authority to impose conditions that will ensure compliance and <;onsistency with the General Plan and the purposes of Title 19Z. In addition, the Zoning Ordinance specifically requires that no exceptions may be granted unless all specified findings as set forth in §19.28.110 be made. Most noteworthy among the required findings is that the "proposed exception will not result in significant visual impact as viewed from abutting_properties." Here, there is no question but that the proposed second story design will have a significant and adverse visual impact as viewed from Ms. Mittal and Mr. Mahesh's property. Unless the design is further modified, we submit that the failure to satisfy the requirements of this finding are sufficient grour, ds for denial of the proposed project. 2a. The Project will create a significant obstruction to appellant's passive solar design features. Curiously, the Staff Report declares that "the City may allow variances to setback and height to accommodate passive or active solar equipment or house design, but no such modified structure shall infringe upon adjoining property owners." Here, a critical objection to the proposed design, as noted above, is that the upper story will infringe upon the adjoining property owner's passive solar design. Section I of the R-1 Zoning Ordinance states, in part, as follows: Solar Design. The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoinin¢ property owners. (§19.28.060(1); emphasis added.) The Staff Report correctly notes that there ~tre no solar easements (at p. 5), but does not address the point that the Zoning Ordinance expressly prohibits any structure from infringing on solar easements or adjoining property owners. In ~m accompanying letter, appellant's solar energy consultant, Smita Gupta, notes that based on a detailed solar analysis, the proposed structure will result in "significant loss of solar access in the winter mornings," with maximum shading of up to 60% in some months. In addition to increasing the demand for mechanical heating systems, the loss of daylight will increase the need for artificial lighting in the main living area to the overall detriment of the energy-s;iving systems designed by Ms. Mittal. ~ Included among the specific purposes delineated in § I9.G4.020 are the following objectives: °to provide for adequate light air sunlieht and environmental amenities; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and undue concentration of population, to facilitate the creation of a convenient, attractive and harmonious community; ... to conserve property values; to promote efficient urban desi¢n and arrangement; ..." (emphasis added). Cupertino City Council September I5, 2008 Page 5 Here, the issue is not the distance between th.e buildings, or the elevation of the proposed structure, but the mass and scale of the upper story. All that we request is that the second story be limited to a similar percentage of the first floor a:•ea in a similar proportion to the adjoining properties, in order to allow it to be "harmonious in scale and design" with the adjoining properties. This would not only reduce the direct impact on Ms. Mittal's passive solar design, but would also ensure that the "adverse visual impa~;ts on adjoining properties [had] been reasonably mitigated." (§ 19.28.100; required findin;~s for approval of two-story residential permits.) 2b. Project will have an adverse visual impact and restrict the views of the uphill ro er Staff states that the City "does not regulate the protection of private property views in hillside areas," citing § 19.40.050(L). Section 19.04.020, which sets forth the Purposes of Title 19, includes among the particularly specified purpo:>es, the objective of providing for "adequate l~~ht air sunlight and environmental amenities; ... to prevent overcrowding of land and undue concentration of population, ... to conserve property values; to promote efficient urban design and arrangement; ...." (Emphasis adder,!). Clearly, these "particularly specified purposes" of "title 19 are intended to achieve results consistent with the preservation of privacy and views, even if not directly regulated or guaranteed under the City's ordinances. Moreover, as noted above, the City must find that "adverse visual impa~;ts on adjoining properties" have been reasonably mitigated to approve atwo-story residential permit. (§19.28.100(D)(4)). Appellant does not seek nor demand full protection of her views and access to light and air. She recognizes that some portion of her views ~tnd solar access would be affected by a subsequent development of the adjoining parcel, but did not anticipate a wholesale abandonment of the upper story limits under which her house was built. Appellant does not ask the City to guarantee her views, only to reasonably mitigate th<: adverse visual impacts as required under the Code. 2c. The mass and scale of the overall structure and its proximity to the property line, poses a potential threat to hillside stabilibr, both durine construction and after completion. The proposed project will include a basemettt measuring almost 2,000 sq. ft. in size, that will require an approximately 20-foot vertical excavation starting at a point five (5) feet downhill of appellant's property line. Appellant's geotechnic:al consultant has reviewed the relevant plans and geotechnical reports, as well as applicant's geolechnical report, and recommends that the City mandate the temporary shoring system be engineered and reviewed by the City, and constructed before the proposed excavation takes place, for the safety and protection of the construction workers as well as the protection of appellant's property and existing structure. We therefore request that the City impose, as a further condition of approval, that the applicant be required to submit plans and calculations a fully engineered shoring system for Cupertino Ciry Council September I5, 2008 Page 6 review by the City, and that the shoring system be installed prior to issuance of any building permits. CONCLUSION Ms. Mittal, as a professional Architect, took reasonable measures not only to design her home in a way that did not adversely affect any of her neighbors, but also to incorporate "green energy" elements that were ahead of her time. In particular, she designed her home to accommodate what she reasonably anticipated would be a two-story residential structure on the downslope property that would meet the requirements under the City's Zoning regulations - hartnonious in mass and scale with the other homes in the neighborhood, and that any adverse impacts would be reasonably mitigated. The application before you is the first under the revised ordinance, and therefore presents - for the first time -some of the challenges and inamsistencies that might not have been apparent when adopted in 2007. The impacts of the proposed design are severe and would permanently and adversely affect Ms. Mittal's carefully designed home. At the same time, we note that these issues can be fairly easily resolved, rind simply ask that the City to impose the conditions described herein so as to allow construction of a house that is harmonious with the adjoining properties. Respectfully submitted, \~. , . A Jeffrey B. Dare Attachment: Letter to Planning Commission dated July 21, 2008 cc: Steve Piasecki, Director of Community Development Clients ~`l ~ Linda Lagergren From: Edward Chan [echan@kcrdevelopme~nt.com] Sent: Sunday, September 14, 2008 4:21 PISA To: Dolly Sandoval; Orrin Mahoney; Kris Wang; Gilbert Wong; Mark Santoro Subject: Upcoming City Council Meeting, Item#12 - 21947 Lindy Ln Attachments: 21947 Lindy Lane-7-21-08-letter.pdf Dear Madam Mayor and City Council Members, I am writing to you regarding the Appeal of 21947 Lindy L~1, Item no. 12 in the upcoming City Council meeting. I live adjacent to the project at 21943 Lindy Ln, which is the East neighbor. I sent a letter regarding my concerns to Colin and the Planning Commissioners the day before this application went to the Planning Commission. Unfortunately, it was not included in your packet and I have attached it for your reference. My letter had two concerns, of which only one was addressed in the meeting. The first concern was regarding the distance of the retaining wall next to my property. One of the conditions of the Planning Commission's approval (Sec III, Item 6 in Resolution 6522) was that the easterly retaining wall be setback 8 ft from the property line where there is privacy landscaping. However on Sheet L 1 in the approved plans attached to your packet it does not show the easterly retaining wall to be 8 feet from the propertyline. I hope that in your reviewprocess it is confirmed that the attached plans are incorrect and that the easterly retaining wall will be 8 feet from the property line. My second concern is regarding the proximity of the proposed 2"d floor balcon~. Unfortunately, my concern was not discussed or addressed at the Planning Commission. The proposed 2" floor balcony is too close to my home and has a direct line of sight into my master bedroorri window and looks directly over my backyard. I request that the~roposed 2"d floor balcony be reduced -such that the~ortion of the balcony that steps down is removed. Currently, the 2nd floor balcony is over 800 sq f't in size, in addition to 1918 sq ft of second floor. If they were to remove the step down portion, they would still have over 540 sq ft of balcony. The true reduction of his usable balcony is approximately 183 sq ft, because he has four feet of steps. By removing this portion of the balcony, they would be further away from my master bedroom window and also further away from my backyard. Although I would prefer the removal of any bal~~ony facing my master bedroom window and backyard, the removal of the step down portion would pro~~ide my property more privacy as a compromise. I hope my concerns can be addressed during the upcoming City Council meeting. Thank you for your consideration. Sincerely, Edward Chan 21943 Lindy Lane 408-828-1210 Colin Jung July 21, 2008 Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 TtE: Proposed project at 21947 Lindy Lane Dear Colin: I received the latest updated plans for 21947 Lindy bane. I have two issues with the drawings: 1) Proximity of proposed retaining wall -The retaining wall is still too close to the property line. There is insufficient area for planting tF~e privacy landscaping and there is still a crowding/towering affect because the wall is so close to my walkway. 2) Privacy screening and proximity of 2"d floor balcony As we discussed on Sunday (July 20`h), Shesha did lower the retaining walls to less than six feet in height, but kept the wall only six feet away from the property line. The existing concrete swage is approximately four feet from the property line, which leaves only two feet of area to plant the privacy landscaping. I believe two feet is not a sufficient area for planting. Also, our rear walkway that is adjacent to the project sits approximately five to six feet below the exposed base of the proposed retaining wall. This puts the to p of the retaining wall over 10 feet above anyone who walks the walkway. I request that Shesha move his proposed retaining wiill two feet further away from the property line -such that the wall would be eight feet away from the property line. This would provide four feet of planting area, as well as move the wall further away to help alleviate the towering affect. When we discussed this possibility, you mentioned that it was a good idea and would be better for the privacy planting. I believe this to be a reasonable and fair resolution to the retaining wall height and location issue. In the updated plans, Shesha added a section drawing; (Sheet A-8). On this drawing shows an angled window on the 2"d floor of my house. This window is my master bedroom. We are concerned that balcony is too close and has a direct line of sight into our master bedroom window. Before receiving Sheet A-8, we did not realize how close the balcony is to our master bedroom. Also the balcony looks directly over my backyard. I request that Shesha reduce the size of his 2"d floor l~alcony -such that he removes the portion of the balcony that steps down. Currently, the 2"d floor balcony is over 800 sq ft in size, in addition to 1918 sq ft of second floor. If he were to remove the step down portion, he would still have over 540 sq ft of balcony. The true reduction of his czsable balcony is approximately 183 sq ft, because he has four feet of steps. By removing this portion of the balcony, he would be further away from my master bedroom window and also further away from my backyard. Although I would prefer the removal of any balcony facing my master bedroom window, this would provide my property more privacy as a compromise. In re arg ds to privacy landscape screening- we request to have some of the screen shrubs replaced with non-deciduous~rivacy trees that are of si ng if c;~nt size and are of a species that rg ows ra idl .The current proposal shows approximately 130 feet of shrubs. We feel that some Melaleuca Linarifolia trees, in addition to the shrubs, would provide more adequate privacy screening from the reduced 2°d floor balcony and more interest in the privacy landscaping. If you have any questions, please feel free to contact me at (408) 828-1210. Thank you for your consideration, Edward Chan 21943 Lindy Lane Cc: City of Cupertino Planning Commissioners