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REPORT TO THE PLANNING COMMISSION Location/APN: 22480 -22490 Mt. Eden Rd /503-80-003& 503-80-004 Application #: PDR10-0017 /CUP10-0010 /ANX 09-0002 /ZOA 10-0005 /GPA 11-0002 Type of
Application and Annexation; Parcel Merger; Williamson Act Contract; Actions for Review/Agricultural Preserve/Open Space Overlay Zoning Recommendation Amendment; General Plan Amendment
from OS-H to HRC; Conditional Use Permit and Variation from Standards; and Design Review Owner/Applicant: South Thunder /WT Brooks Staff Planner: Cynthia McCormick, Assistant Planner,
AICP Meeting Date: March 23, 2011 Department Head: Chris Riordan, AICP 22490 Mt. Eden Road
Page 2 of 10 EXECUTIVE SUMMARY CASE HISTORY: Application filed: 09/22/10 Application complete: 02/25/11 First Notice published: 12/07/10 First Mailing completed: 12/02/10 Public Hearing
(continued): 12/22/10 Study Session: 02/22/11 Second Notice published: 03/18/11 Second Mailing completed: 03/03/11 Posting completed: 03/17/11 PROJECT OVERVIEW: “South Thunder LLC” is
the owner of two adjoining parcels. The “Principal Property” is a 35.13 acre parcel located at 22490 Mt. Eden Road. This parcel was annexed to the City in 2006 and has a General Plan
designation of Residential Hillside Conservation (RHC) and a zoning designation of Hillside Residential (HR). The “Annexation Property” is a 2.68 acre parcel (22480 Mt. Eden Road), adjacent
to the Principal Property, in Santa Clara County and within the City’s Sphere of Influence and Urban Service Area. This parcel has a Pre-General Plan designation of Hillside Open Space
(OS-H) and a Pre-zoning designation of Hillside Residential (HR). The Principal Property is currently improved with a two-story single-family residence, basement, garage, gym, pool house,
and pool. The existing Community Stable facilities are located almost entirely on this parcel and include a stable, two (2) barns, apartment above the utility barn, loafing sheds, and
a covered arena with viewing pavilion. There is also a sand riding arena on the Annexation Property. The applicant proposes to remodel the existing 5,330 square foot home by adding 2,308
square feet of floor area to the first-story, reducing the second-story by 125 square feet, reducing the four car garage by 118 square feet, and adding 644 square feet to the existing
basement (not counted as floor area). Offsets: The net increase in floor area (less than 3,000 square feet) is easily offset by the elimination of a minimum of 6,560 square feet of otherwise
allowable floor area which would be developable on the currently existing Annexation Property. The offsetting elimination of 6,560 square feet of floor area potential will be the result
of the City requiring the Annexation Property to be merged with the Principal Property as part of the integrated annexation package. The total resulting floor area for the principal
use (single-family residence and structures accessory to it) on the Merged Property would be 10,926 SF, including the main residence (8,237 SF), garage (1,003 SF), pool house and gym
(1,686 SF). There would be no change to the 22,018 square feet of existing Community Stable facilities.
Application No. PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road Page 3 of 10 There is currently already 103,332 square feet of site coverage on what will become the Merged Property. The
applicant would remove and replace the patios, decks, fountain, and walkways; remodel the existing pool; and remove a pavilion attached to the front of the home. The existing site coverage
would be reduced by 2,656 square feet. This will offset the 2,308 square feet of site coverage resulting from the addition to the single family residence. With the net decrease in site
coverage of 2,656 square feet, the total resulting site coverage of the Merged Property would still be 100,676 SF, approximately 6% of the entire site. The applicant would also remove
five (5) non-native protected trees, as approved by the City Arborist. The City Council has referred for recommendation by the Planning Commission consideration of the Council’s Resolution
for Initiation of Annexation (as to the Annexation Property). Such annexation and the accompanying actions included in the integrated annexation package described below are part of an
integrated application proposal submitted to the City by SOUTH THUNDER, LLC. Concurrent with annexation, the 2.68 acre Annexation Property is proposed to be merged with the adjoining
approximately 35.13-acre property. The merger constitutes a material basis of the support for approval of the offsets as to floor area and site coverage described above and the required
findings for the Variation from Standards. The Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson
Act Contract, or so long as the City’s AP-OS overlay zoning district (being added pursuant to this integrated annexation package) has not been removed by the City. The entire Merged
Property is proposed to become restricted by a Land Conservation (Williamson Act) Contract. The integrated annexation package (the Project) as to which the City Council has requested
Planning Commission recommendations consists of seven actions subject to review by the Planning Commission: 1) Final Annexation Approval (including Preannexation Agreement); 2) Parcel
Merger; 3) Williamson Act Contract; 4) Agricultural Preserve-Open Space Overlay Zoning Amendment; 5) General Plan Amendment; 6) Conditional Use Permit and Variation from Standards; and
7) Design Review. These actions require review and recommendation by the Planning Commission and final review and approval by the City Council. STAFF RECOMMENDATION Recommend approval
of integrated annexation package which consists of seven actions and find the application exempt from CEQA by adopting the attached Resolution: 1) Final Annexation Approval (including
Preannexation Agreement); 2) Parcel Merger; 3) Williamson Act Contract; 4) Agricultural Preserve-Open Space Overlay Zoning Amendment; 5) General Plan Amendment; 6) Conditional Use Permit
and Variation from Standards; and 7) Design Review.
Application No. PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road Page 4 of 10 PROJECT DATA: PROPOSED ZONING OF MERGED LOT: Hillside Residential (HR) and Agricultural Preserve/Open Space
(AP-OS) overlay PROPOSED GENERAL PLAN DESIGNATION OF MERGED LOT: Residential Hillside Conservation (RHC) MEASURE G: Not applicable. ENVIRONMENTAL DETERMINATION: The net addition of less
than 3,000 square feet to the existing single-family residence is Class 3 categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code
of Regulations, Chapter 3. Article 19, Section 15303 (“State CEQA Guidelines”). Class 3 exemptions include the construction of a single-family residence in a residential zone. The Principal
Property was annexed to the City in 2006 under an exemption from CEQA. The annexation of the Annexation Property qualifies for an exemption from CEQA under CEQA Guideline 15319 which
exempts annexations to a city of areas containing existing private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental
agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities.
CEQA exempts the Preannexation Agreement, Parcel Merger, Land Conservation (Williamson Act) Contract agreement, General Plan Amendment, and Zoning Amendment because they will all impose
greater land use restrictions on the Merged Property than currently exist, will involve no physical change to the environment, assure the maintenance, restoration, enhancement, or protection
of the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (see CEQA Guidelines
Sections 15308 and 15061(b)(3)). The Use Permit is likewise exempt because it imposes parameters and use permit conditions on the Merged Property for the first time. HR Zoning Gross
Site Area (Merged Property): 37.8 acres Proposed Code Standard Floor Area Existing First Floor 2,945 SF Continued next page Proposed First Floor 2,308 SF Total First Floor 5,253 SF Existing
Second Floor 2,385 SF Proposed Second Floor -125 SF Total Second Floor 2,260 SF Existing Garage 1,121 SF Proposed Garage -118 SF Total Garage 1,003 SF 15 foot height Area 724 SF Existing
Pool House and Gym 1,686 SF
Application No. PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road Page 5 of 10 Total Floor Area (Dwelling and Accessory Structures) 10,926 SF Maximum Allowable = 8,000 SF Existing Basement
(not counted) 284 SF Proposed Basement (not counted) 644 SF Total Basement (not counted) 928 SF Non-Accessory Structures Existing Stable, Barns, and Apartment (including double counted
ceiling height) 22,018 SF Site Coverage Existing Residence: 2,945 SF Maximum Allowable = whichever is less of 15,000 SF or 25% (382,566 SF) Proposed Residence: 2,308 SF Total Residence:
5,253 SF Existing Garage: 1,121 SF Proposed Garage: -118 SF Total Garage: 1,003 SF Pool House and Gym: 1,686 SF Driveways and Residence Parking: 36,398 SF Pool. Spa, Porch, Backyard
Deck: 1,789 SF Stable, Barns, and Loafing Sheds: 14,620 SF Barn Parking, Rubber Pavers, Patios, and Paths: 16,341 SF Arena Roof Overhang: 23,586 SF Sand Riding Arena (not counted in
total below) 14,800 SF TOTAL Site Coverage (on both parcels ~37.8 gross acres) 100,676 SF (~6%) Proposed Code Standard Setbacks First Floor Second Floor First Floor Second Floor Front:
500’+ 500’+ 30’ 30’ Rear: 420’+ 420’+ 50’ 60’ Left Side: 600’+ 600’+ 20’ 20’ Right Side: 240’+ 240’+ 20’ 20’ Dwelling Height Height Maximum = 26 Feet Lowest Elevation Point: 723.5 Highest
Elevation Point: 726.5 Average Elevation Point: 725.0 Topmost Point of roof: (26 Feet) 751.0
Application No. PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road Page 6 of 10 DISCUSSION: Annexation: An initiation of annexation was approved by the City Council on June 2, 2010. The 2.68
acre Annexation Property is currently developed with a driveway and sand equestrian riding arena which is surrounded by an approximately five foot (5’) tall open PVC fence. The Annexation
Property has public water (San Jose Water) and sanitary sewer service (Cupertino Sanitary District). The Annexation Property does not front Mt. Eden Road and is accessed via a private
road that is connected to Mt. Eden Road. The private road is shared among five (5) parcels including the Annexation Property and the Principal Property. No structures are proposed for
the Annexation Property and the applicant would extinguish the development potential of the parcel for a separate single family dwelling by merging the Annexation Property and the Principal
Property as described below. If the parcel is not annexed, Santa Clara County development standards would apply; the applicable County RHS zoning district allows a maximum height of
35-feet and 3-stories, with setbacks of 30 feet in the front, 25 feet in the back, and 20 feet on the sides. The size of a single family dwelling in the County is limited by establishment
of a building envelope (if any), rather than a floor area ratio. Parcel Merger: The applicant proposes to merge the Annexation Property with the Principal Property (“Merged Property”).
The parcel merger will extinguish the development potential of a separate single family dwelling on the Annexation Property. A condition of approval for the Use Permit and Variations
from Standards precludes subsequent subdivision so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or so long as the City’s AP-OS overlay
zoning district has not been removed by the City. This condition is included in the Pre-Annexation Agreement (Attachment 6), the Use Permit and other documents in the integrated annexation
package. Under City of Saratoga standards the development potential of the Annexation Property if not merged is approximately 6,560 square feet of floor area (based on a 24% average
slope which reduces the net lot size to 1.55 acres). A Notice and Deed of Merger is included as Attachment 8. Williamson Act Contract for the Merged Property: The applicant would also
include the entire Merged Property under a Williamson Act Contract (Attachment 9). This would require rescinding the existing Williamson Act Contract with the City on the Principal Property
and simultaneously re-entering a Williamson Act Contract for the entire Merged Property. The Williamson Act Contract would include the stables and all other existing uses as compatible
uses. Agricultural Preserve/Open Space Overlay for the Merged Property: The entire Merged Property would be made subject to the Agricultural Preserve/Open Space Overlay zoning. The AP-OS
overlay promotes agricultural uses and such zoning amendment is required for land on which Williamson Act contracts are executed and renewed. The overlay zone thereby encourages and
preserves such contracts in accordance with the policies set forth in the General Plan.
Application No. PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road Page 7 of 10 General Plan Amendment: The Principal Property currently has a General Plan designation of Residential Hillside
Conservation (RHC). The Annexation Property currently has a Pre-General Plan designation of Hillside Open Space (OS-H). The OS-H designation allows low intensity residential development
and covers all areas within Saratoga’s Sphere of Influence that are not designated as parks. The entire Merged Property should have a post-annexation General Plan designation of Residential
Hillside Conservation (RHC) because the Principal Property and the Annexation property would be merged into a single parcel. Conditional Use Permit and Variation from Standards for the
Merged Property: City Code Section 15-13.040 allows community stables and associated accessory structures in the Hillside Residential zoning district with a Conditional Use Permit (CUP).
Section 15-55.030 allows a variation from site area and/or site coverage standards for conditional uses. The CUP will enable the City to establish parameters and conditions of approval
for the Community Stables use and require an amendment of it if the Property Owner desires to intensify the use in the future. The variation from standards provides additional support
for the offsets being applied to the floor area and site coverage aspects of the proposal. While the existing site coverage was already developed in the County to a level well above
the allowable site coverage in the City, the applicant will reduce the amount of site coverage on the site as well as eliminate the potential 15,000 square feet of site coverage that
would be allowed on the Annexation Property. This, again, is by virtue of the condition of approval for the Use Permit and Variations from Standards which precludes subsequent subdivision
so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or so long as the City’s AP-OS overlay zoning district has not been removed by the City.
The The required Findings to support a Variation from Standards are the same as those for a Use Permit and are included in the Resolution of Approval. The Principal Property has an average
site slope of 31.5%. The 35.13 acre site is currently improved with a 5,330 square foot two-story single-family residence, 1,121 square foot detached four-car garage, 895 square foot
detached pool house, and 791 square foot workshop/gym. The total existing floor area including all living spaces and accessory structures is 8,137 square feet. This total does not include
those areas double counted due to ceiling height, as discussed below. The existing community stable facilities (located almost exclusively on the Principal Property) include a 23,586
square foot covered riding arena with viewing pavilion, 13,068 square foot stable, 4,150 square foot hay barn, 3,308 square foot utility barn, a 1,492 square foot apartment above the
utility barn, and loafing sheds. There is also a 14,800 square foot sand riding arena on the Annexation Property. The non-accessory Community Stable facilities (enclosed by three or
more walls and a roof) are comprised of a total of 22,018 square feet. All square footage calculations reflect the City Code requirement that any space with an interior ceiling height
of fifteen feet or greater is double counted1. A portion of the single-family residence as well as the stable, hay barn, and utility barn all have ceiling heights over 15 feet. 1 City
Code Section 15-45.030
Application No. PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road Page 8 of 10 The total existing impervious area (as defined by the City Zoning Ordinance) of both the 35.13 acre parcel and
the adjacent 2.68 acre parcel is 103,332 square feet. The majority of the site coverage is attributed to the Community Stable facilities and the driveway leading around the Community
Stables. The Community Stables Facility currently consists of the following: 20-30 horses at any one time (including 15 horses owned by applicant); 40 stalls; 7 paddocks: 4 employees;
and 5 boarders. Riding lessons and clinics are provided only to persons boarding on site or by invitation. Design Review of an addition to an existing home on the Principal Property:
City Code Section 15-13.150 provides that the construction or expansion of any main or accessory structure in the HR district shall comply with the applicable design review regulations
set forth in Article 15-45 of this Chapter. In addition, City Code Section 15-45.060(a) requires design review approval by the Planning Commission for any project Whenever, in the opinion
of the Community Development Director, the construction, reconstruction or significant expansion of a main or accessory structure ….may result in excessive intensification of the use
or development of the site.While no significant environmental effects will result from the project, the existing and proposed improvements exceed the City’s maximum floor area and site
coverage allowances, requiring a variation from standards. Hence, a Design Review Approval is required for this application. Design Review Overview: The applicant proposes to remodel
the existing 5,330 square foot home by adding 2,308 square feet of floor area to the first-story, reducing the second-story by 125 square feet, and reducing the four car garage by 118
square feet. Structures that count towards the maximum floor area consist of the main residence (8,237 SF), garage (1,003 SF), and pool house and gym (1,686 SF). The total floor area
would be 10.926, including the area double counted due to ceiling height. The applicant would also add 644 square feet to the 284 square foot existing basement for a total of 928 square
feet (basements are excluded from the floor area calculation). The applicant proposes to remove and replace the patios, decks, fountain, and walkways and remove 250 square feet of screened
pavilion at the front of the home. The applicant would also remodel the existing pool as shown on the landscape plan. The existing site coverage would be reduced by 2,656 square feet.
The total resulting site coverage would be 100,676 SF or approximately 6% of the entire site. The proposed landscape includes native and Mediterranean plant groupings such as California
Wild Lilac, California Coral Bells, Wild Iris, Woodwardia, and Nine Bark. The landscaping will include drip irrigation and weather adapting irrigation control systems. The applicant
would also remove five (5) non-native protected trees as discussed below. Trees: The plans were reviewed by the City Arborist. Twenty one (21) trees protected by City ordinance and potentially
impacted by construction were inventoried. The City Arborist has approved removal of five trees which include a 28.5” American elm, a 15.7” Camphor, a 16.8” Siberian elm, a 17” American
elm, and a 25.8” deodar cedar tree. The two American elm trees are in fair health; however both trees have poor structure resulting from past pruning and both trees are infested with
elm leaf beetles which have a negative impact on their health. The Siberian elm
Application No. PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road Page 9 of 10 is in fair health but has a pronounced lean and should be removed before it fails. The camphor tree is in good
health but is in conflict with a nearby retaining wall and the proposed addition and could cause significant damage over time. The deodar cedar tree is in good health but is nearby native
trees (redwoods and oak) that will become increasingly crowded as they mature. This tree has also been found to be more of a fire hazard than other species around the house. Moreover,
there are many trees around the house that will be preserved and new trees will be planted to replace the ones removed. Findings that permit the removal of these five trees are included
in the Arborist Report (Attachment 3). Architectural Style: The home is designed in the Craftsman style with a mix of hipped and gabled roofs. The front porch is supported by square
columns and the dormer over the front porch has triangular braced supports. The façade is clad with wood shingles, while board and batten siding provide contrast below the gabled roof
and dormers. Other architectural features include two cupola and weathervanes, four carriage style garage doors, a slate roof, and brick and stone veneer chimney and wainscoting. Materials
and Colors: The wood siding would consist of earthtone green colors while the roof would be a blend of grey slate tiles. The entry door and carriage garage doors would have a wood stain
grade. The exterior wainscoting and chimneys would be made of stone veneer and brick. A colors and materials board will be presented at the study session (exhibit B). Green Strategies:
The project includes low VOC paint and construction materials and energy efficient appliances. As proposed, the project would receive 75 Build-it-Green (BIG) points, including 8 points
in community, 21 points in energy, 13 points in IAQ/health, 20 points in resources, and 13 points in the water category. The proposed green features and their corresponding point values
are included in Attachment 2. The BIG Checklist shall be certified by a BIG certified rater prior to zoning clearance. Neighborhood Review: The applicant distributed notification forms
to eight adjacent neighbors. Two of the neighbors wrote in support of the project. Six of the forms were not returned and no negative comments have been received as of the writing of
this memorandum. STAFF RECOMMENDATION Recommend approval of integrated annexation package which consists of seven actions and find the application exempt from CEQA by adopting the attached
Resolution: 1) Final Annexation Approval (including Preannexation Agreement); 2) Parcel Merger; 3) Williamson Act Contract; 4) Agricultural Preserve-Open Space Overlay Zoning Amendment;
5) General Plan Amendment; 6) Conditional Use Permit and Variation from Standards; and 7) Design Review. ATTACHMENTS: 1) City Council Staff Report, dated June 2, 2010 2) Build-it-Green
Checklist 3) Arborist Report, dated February 24, 2011 4) Geotechnical Clearance, dated November 22, 2
010Application No. PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road Page 10 of 10 5) Fire Department Comments, dated October 6, 2010 6) Pre-Annexation Agreement 7) Annexation Resolution
8) Notice and Deed of Merger 9) Williamson Act Contract 10) Conditional Use Permit and Design Review Resolution 11) Zoning and General Plan Amendment Resolution 12) Site Plans (Exhibit
A) 13) Colors and Materials Board (Exhibit B)