HomeMy WebLinkAbout108-Conditional Use Permit and Design Review Resolution.pdf
CITY OF SARATOGA CITY COUNCIL RESOLUTION NO. FOR APPROVAL OF USE PERMIT AND DESIGN REVIEW Application # PDR10-0017 & CUP10-0010 South Thunder; 22490 Mt. Eden Road The City of Saratoga
City Council finds and determines as follows with respect to the above-described application: I. Project Summary The Saratoga City Council has received an application for annexation
of an approximately 2.68-acre property located at 22480 Mount Eden Road (APN 503-09-004) hereinafter referred to as the “Annexation Property” or 'the territory', and described in the
Legal Description and Plat Map. The Annexation Property is contiguous to an approximately 35.13-acre property, currently inside the City boundaries and located at 22490 Mt. Eden Road
(APN 503-80-003), hereinafter referred to as the “Principal Property” and also owned by SOUTH THUNDER, LLC. Such annexation and the accompanying actions included in the integrated annexation
package described below are part of a proposal submitted to the City by SOUTH THUNDER, LLC. In order to provide for use of City services and to apply the terms of the City General Plan
and City Code to development proposals initiated after completion of the annexation, the integrated annexation package consists of: Annexation, a Preannexation Agreement, Parcel Merger,
Land Conservation (Williamson Act) Contract, General Plan Amendment, Zoning Amendment, Use Permit, Variation from Standards, Design Review Approval and CEQA exemption. The Annexation
Property is in the City of Saratoga’s Urban Service Area and Sphere of Influence with a Pre-General Plan designation of H-OS (Hillside-Open Space) and a pre-zoning designation of HR
(Hillside Residential). The Principal Property was annexed to the City in 2006 and has a General Plan designation of Residential Hillside Conservation (RHC) and is zoned Hillside Residential
(HR). Concurrent with annexation, the Annexation Property and Principal Property are proposed to be merged. The entire Merged Property would be amended to a single General Plan and Zoning
Designation of RHC (Residential Hillside Conservation) and AP/OS (Agricultural Preserve/Open Space) Overlay, respectively. The entire Merged Property is proposed to become restricted
by a Land Conservation (Williamson Act) Contract. 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 the City’s AP/OS overlay zoning district being added pursuant to this integrated annexation package has not been removed by the City. The Merger constitutes a material
basis of support for the integrated annexation package including the offsets decreasing floor area and site coverage described below and for the required findings for the Variation from
Standards, all as requested to be approved pursuant to the Preannexation Agreement. The applicant is also applying for Design Review approval, Conditional Use Permit (CUP), and associated
Variation from Standards, as shown in Exhibit "A" and the Color Board shown in Exhibit "A", date stamped March 17, 2011 incorporated by this reference.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road A condition of approval is included in the Resolution that the Use Permit,
Variation from Standards, and Design Review Approval is subject to final annexation of the Annexation Parcel and implementation of the corresponding Parcel Merger, Agricultural Preserve/Open
Space Overlay Rezoning, General Plan Amendment, and Williamson Act contract. The application consists of a proposed addition of 2,308 square feet of floor area (with 724 SF double-counted
due to being greater than 15 feet in height) to an existing single-family residence and its accessory structures, together with the removal of five non-native protected trees on the
Principal Property. 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). As to site site coverage, 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 and the total resulting site coverage of the Merged Property would be 100,676 SF, approximately 6% of the entire
site. The addition of 2,308 square feet in floor area to the single family residence is offset by the reduction of 2,656 square feet of impervious surface. Furthermore, the integrated
annexation package and lot merger eliminates a minimum of 6,560 square feet of otherwise allowable floor area which would be developable on the currently existing Annexation Property.
The foregoing use (in the context of the proposed integrated annexation package) will be described as the “Project” in this Resolution. II. Planning Commission Review On March 23, 2011
the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument.
The Planning Commission considered the Project, the staff report on the Project, CEQA documentation, correspondence, presentation from the Applicant and the public, and all testimony
and other evidence presented at the Public Hearing. The City of Saratoga Planning Commission reviewed and recommended approval of the integrated annexation package. III. Environmental
Review 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
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road 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 the first time. IV. Design Review Findings The Design Review Approval requirement
implements the Saratoga General Plan, including, but not limited to: (1) Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction
and major additions thereto are compatible with the site and the adjacent surroundings; (2) Open Space Element Policy 11.a which provides that the City shall ensure that projects are
designed in a manner that minimizes disruption to important wildlife, riparian and plant habitats; and (3) Safety Element Site and Drainage Policy 3 which provides that the City shall
require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits. The findings required for issuance of a
Design Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings:
Finding #1: The project avoids unreasonable interference with views and privacy. The project meets this finding. The property is over 35 acres in size and surrounded by mature landscaping.
The residence is setback at least two hundred feet from any property line. Therefore, the project does not unreasonably impact views and privacy. Finding #2: The project preserves the
natural landscape. The project meets this finding. 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 have met the findings for removal as described in the Arborist Report, dated February 24, 2011. The resolution
includes condition of approval requiring the applicant to comply with all City Arborist recommendations including, but not limited to, posting a tree protection security deposit in the
amount of $113,720 and planting new trees equivalent in value to removed trees. Finding #3: The project preserves native and heritage trees. The project meets this finding. The proposed
project does not include removal of any native and/or heritage trees. Twenty-one (21) protected trees could potentially be affected by the project; however, as conditioned, the applicant
will be required to provide tree protective fencing and a $113,720 tree protection bond.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road Finding #4: The project minimizes the perception of excessive bulk. The
project meets this finding. To break up massing, the project uses wood shingles and Board and Batten siding in a blend of earthtone green colors on the façade while using neutral blended
grey slate tiles on the roof. The perception of bulk is further minimized by exceeding the required setbacks for the residence and community stable facilities. Finding #5: The project
is of compatible bulk and height. The project meets this finding. The residence and community stables are compatible with similar uses on neighboring properties. The proposed architecture
includes materials and colors to reduce bulk. The location of the residence and community stables further minimize the perception of bulk and height. Finding #6: The project uses current
grading and erosion control methods. The project meets this finding in that it is conditioned to meet required grading and erosion control standards. Finding #7: The project follows
appropriate design policies and techniques. The project meets this finding by minimizing the perception of bulk, integrating the residence and community stable facilities with the environment,
avoiding interference with privacy, preserving views and access to views, and designing for energy efficiency. V. Conditional Use Permit and Variation from Standards Findings City Code
Sections 15-55.030 require a Conditional Use Permit and Variation from Standards for conditional uses and structures that have a different site area, density, structure height, or site
coverage, than established for the applicable zoning district. The Applicant has met the burden of proof to support the Findings required for approval of a Use Permit for the uses existing
on the Merged Property and the Variation from Standards under Article 15-55 of the City Code, as set forth below: (a) The proposed conditional use will [not] adversely affect existing
or anticipated uses in the immediate neighborhood, or will [not] adversely affect surrounding properties or the occupants thereof. The Project meets this finding. The uses on the Merged
Property (Residential with Accessory Structures and Community Stable) already exist and were built legally in the County either with permits or prior to the need for permits. City Code
allows continuation of nonconforming structures on a property after it is annexed to the City, if the structure lawfully existed on the effective date of the annexation. The Community
Stable has been in operation for nearly 20 years and the City has received no complaints and there is no evidence that it has adversely affected existing or anticipated uses in the immediate
neighborhood or surrounding properties or the occupants thereof. Hence this Finding can be made as to the Use Permit establishing the parameters and conditions of approval for the Community
Stable as currently operated. This Finding can also be made for the Variation from Standards to support the offsets for floor area and site coverage described above in that:
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road (1) the net increase in floor area of less than 3,000 square feet of floor
area will not have any of the adverse affects addressed by this Finding in light of the offset resulting from the required merger of the Annexation Property eliminating a minimum of
6,560 square feet of otherwise allowable floor area to be developed on the currently existing Annexation Property; and (2) the increase of 2,308 square feet in site coverage resulting
from the addition to the single-family residence will likewise not have any of the adverse affects addressed by this Finding in light of the offset resulting from the net removal of
2.656 square feet of existing site coverage. (As additional support for this finding, there is also the offset resulting from the required merger of the Annexation Property eliminating
approximately 15,000 square feet of otherwise allowable site coverage to be developed on the currently currently existing Annexation Property). (b) The proposed location of the conditional
use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. The Project meets this finding. Single-family dwellings are
a permitted use in the HR zoning district. Community Stables are permitted in the HR zoning district upon the granting of a conditional use permit (CUP). The applicant has applied for
and met the findings for a CUP. Pursuant to City Code Section 15-13.010, “[in] addition to the objectives set forth in Section 15-05.020, the hillside residential district is included
in the Zoning Ordinance to achieve the following purposes:” “(e) To implement the Northwestern Hillside Specific Plan as adopted by the City on June 2, 1981, for the area included within
the Specific Plan boundaries.” The Northwest Hillside Specific Plan provides that the “rural character of the area shall be protected through substantially lower density and a compatible
relationship between development and the land” [emphasis added, Goal #9, page 1]. The integrated annexation package approved under the terms of the Preannexation Agreement (including
the merger, prohibition of subsequent subdivision so long as any portion of the resulting Merged Property is subject to a Williamson Act contract or City removal of the AP/OS overlay
zoning has not occurred), CUP and Variation from Standards implements the quoted provision and would support Finding (b) quoted above. Other Zoning Ordinance objectives listed in Section
15-13.010 (and by reference in 15-05.020) include the following additional purposes which serve by the integrated annexation package as proposed: “[t]o maintain to the maximum degree
feasible, the natural environment and existing rural character of the area to which the district is applied; [t]o implement the open space element of the General Plan by ensuring maximum
preservation of open space…; [t]o control the physical development of the City in such a manner as to preserve preserve it as essentially a residential community with a rural atmosphere;
[t]o achieve the arrangement of land uses depicted in the General Plan; [t]o promote the stability of existing land uses which conform with the General Plan, and to protect them from
inharmonious influences and harmful intrusions; [t]o ensure that public and private lands ultimately are used for the purposes, which are most appropriate and
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road most beneficial from the standpoint of the City as a whole; [t]o prevent
population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site; [t]o preserve natural beauty
of the City; [and] [t]o ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area.” In light of the foregoing and the fact that the
required merger will eliminate much if not all of the otherwise allowable development on the Annexation Property as described in Finding (a) above, Finding (b) can be made as to the
Conditional Use Permit establishing the parameters and conditions of approval for the Community Stable Use for that existing use consistent with facilities currently constructed and
as to the Variation from Standards to support the offsets creating a net decrease to floor area and site coverage as described above. (c) The proposed location of the conditional use
and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements
in the vicinity. The Project meets the required findings for Use Permit establishing the parameters and conditions of approval for the Community Stable Use as currently operated and
as to the Variation from Standards to support the offsets to floor area and site coverage described above. In addition, the Project has been reviewed by the City Geotechnical Consultant
and received geotechnical clearance with conditions. The project has also been conditioned to comply with all applicable regulations of the State, County, City and/or other governmental
agencies having jurisdiction. The Community Stable has been in operation for nearly 20 years and the City has received no complaints and there is no evidence of detriment to public health,
safety or welfare from it or material injury to properties or improvements in its vicinity. The approval of a use permit and variation from standards will establish parameters for the
use of the Merged Property and extinguish the development potential of the Annexation Parcel for a separate single family dwelling while allowing a relatively minor addition to the existing
single family dwelling on the Principal Property. (d) The proposed conditional use will comply with each of the applicable provisions of the Saratoga Municipal Code. The Project meets
this finding. The Use Permit establishing the parameters and conditions of approval for the Community Stable Use as currently operated has been conditioned to comply with all applicable
City regulations including, but not limited to the requirements of the Saratoga Building and Zoning Regulations. City Code allows for a Variation from Standards as set forth in the other
Findings and a Variation from Standards is expressly allowed under Chapter 15. VI. CONDITIONS OF APPROVAL A. GENERAL 1. All conditions below which are identified as permanent or for
which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance,
or demolition, grading, or building permit for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or
other term-specified conditions has been
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road recorded by the applicant with the Santa Clara County Recorder’s Office
in form and content acceptable to the community development director. 2. If a condition is not “permanent” or does not have a term specified, it shall remain in effect until the issuance
by the City of Saratoga of a certificate of occupancy or its equivalent. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed
by the city code including but not limited to sections 15-80.120 and/or 16-05.035, as applicable. 4. The Planning Commission shall retain continuing jurisdiction over the Conditional
Use Permit (and the associated Variation from Standards) and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and
welfare. 5. Any intensification of the uses approved under this Use Permit and Variation from Standards shall require an amended Conditional Use Permit. Examples of intensification of
use include, but are not limited to, physical changes to the site or structure of the use to accommodate more horses, employees or customers, and changes in operations or equipment that
result in ongoing increases in traffic, noise, or other physical effects. 6. The Community Development Director shall mail to the Owner and Applicant a notice in writing, on or after
the time the Resolution granting this Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all
consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice
have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have
been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 7. The uses/structures/project shall maintain compliance with all applicable requirements of the
City, including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. The uses/structures/project shall at all times operate
in compliance with all applicable regulations of the State, County, and/or other governmental agencies having jurisdictional authority over the use pertaining to, but not limited to,
health, sanitation, safety, and water quality issues. 8. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or
the Use Permit and Design Review Approval will expire unless extended in accordance with the City Code. 9. Prior to issuance of any demolition, use, grading, or building permit to implement
this Design Review and Use Permit approval the Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit
to the Community Development Department for review to ascertain compliance with the requirements of this Resolution.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road 10. Agreement to Indemnify, Hold Harmless and Defend City as to Action
Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. As a condition of this Approval, Owner and Applicant hereby agree
to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or
proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work
by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and
Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to
form and content by the Community Development Director. B. COMMUNITY DEVELOPMENT 11. Compliance with Plans. The uses and development shall be operated, located and constructed to include
those features, and only those features, as shown on the Approved Plans and denominated Exhibit "A" and the Color Board denominated Exhibit “B” date stamped March 17, 2011, and the description
of use as described in Condition #B12 below, each incorporated by this reference. All proposed changes to the Approved Plans and Description of Use must be submitted in writing with
plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to the requisite prior City approval and in accordance with Condition
A.3, above. 12. Description of Use: Applicant plans to operate a Community Stable in compliance with City Code Section 15-13.040(d) which requires that a Community Stable in the HR zoning
district obtain and maintain a Use Permit and be subject to the regulations prescribed in Section 7-20.220 of this Code. The Community Stable will comply with City Code Section 7-20.220
as currently in effect, and as hereafter amended. It shall be operated as a private stable or corral designed, owned and used solely by residents and guests of a particular area, for
the keeping or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to the
public for remuneration, hire or sale. The Community Stable may have up to 40 horses and six employees. 13. Non-conforming structures. All structures which do not already have required
County or City permits shall be required to obtain such permits from the City as a condition of approval of any annexation, use permit or design review approval. If the structure was
constructed at a time
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road when no permit was required by the agency then having jurisdiction, it
is exempt from this requirement. 14. Annexation/Parcel Merger/Williamson Act Contract/Agricultural Preserve/Open Space Overlay/General Plan Amendment. In order to provide for rational
long-term land use planning, the use permit and design review approval is recommended by the Planning Commission subject to final approval by the City Council concurrent with final annexation
of the 2.68 acre parcel, identified as APN 503-80-004 and located at 22480 Mt. Eden Road (Annexation Property), and the following related entitlements or actions: a. Parcel Merger. The
Owner shall submit to the City a complete, executed and recordation ready and acceptable Notice and Deed of Voluntary Merger for parcel merger and otherwise promptly initiate and diligently
pursue to completion all necessary steps to merge the Annexation Property with the Principal Property into a single legal parcel (the “Merged Property”) for planning and land use purposes
(such that the development potential for a single family dwelling on the Annexation Property will be extinguished and 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 the City’s AP/OS overlay zoning district has not been removed by the City). The necessary
steps for such merger shall include a new recorded final Parcel Map so long as required to be in compliance with Government Code Section 66499.20¾ and City Code Section 14-70.080 (as
now in effect or hereafter amended). The foregoing merger provisions shall constitute a material basis of the support for the approval of the integrated annexation package and the required
findings for the Variation from Standards; b. Williamson Act Contract. The Owner shall submit a complete application and obtain City approval to rescind the Williamson Act Contract on
the Principal Property and simultaneously re-enter a Williamson Act Contract covering the entire Merged Property, which Williamson Act Contract shall include the stables and
all other existing uses as compatible uses; c. Agricultural Preserve/Open Space Overlay. Owner shall submit a complete application and obtain City approval to add AP/OS overlay zoning
to the entireMerged Property; and d. General Plan Amendment for Annexation Property. Owner shall submit a complete application and obtain City approval to amend the current Hillside
Open Space (HOS) Pre-General Plan designation on the Annexation Property to a post-annexation General Plan designation of Residential Hillside Conservation (RHC); and 15. Business License.
Prior to issuance of Zoning Clearance for any proposed tenant improvements (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall apply for and obtain
approval from the Community Development Department for a business license.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road 16. GreenPoint Requirement. Prior to issuance of a building permit, the
applicant shall submit verification by a certified green building rater that the dwelling design qualifies for a minimum score of fifty points under the GreenPoint rating system. 17.
Stormwater. Disposition and treatment of stormwater shall comply with the applicable requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued to the
City of Saratoga and the implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”). Prior to
issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project, a Stormwater Detention Plan shall be submitted to the Community Development Director for review
and approval demonstrating how all storm water will be detained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to topographic,
soils or other constraints, and if complete detention is not otherwise required by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum reasonably
feasible amount of stormwater and to direct all excess stormwater away from adjoining property and toward stormwater drains, drainageways, streets or road right-of-ways and otherwise
comply with the NPDES Permit Standards and applicable City Codes. 18. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall
be designed to the maximum extent reasonably feasible to: a. utilize efficient irrigation (where irrigation is necessary) to eliminate or reduce runoff, to promote surface infiltration,
and to minimize use of fertilizers and pesticides that have the potential to contribute to water pollution. b. treat stormwater and irrigation runoff by incorporating elements that collect,
detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified, in the
Plan, installed and maintained; c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials
selected to be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns
of land use, ecological consistency and plant interactions to ensure successful establishment; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding
of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; and g. comply with Section 16-75.030 of the City Code to the extent applicable.
19. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to to the Building Division. These plans shall be subject to review and approval by the
Community Development Department Director or designee prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings
and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. B.1 above.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road b. This signed and dated Resolution printed onto separate construction
plan pages; and c. Fire Department comments dated October 6, 2010, printed collectively onto separate construction plan pages; and d. Geotechnical conditions, dated November 22, 2010,
printed collectively onto separate construction plan pages; and e. City Arborist Report dated February 24, 2011, printed collectively onto separate construction plan pages; and f. A
note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone (five feet beyond the dripline (the
area under the canopy) or a greater distance as determined by the City Arborist) of any Ordinance-protected tree on the site; and g. The site plan shall contain a note with the following
language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved
Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; and h. A boundary survey, wet-stamped and wet-signed
by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. The stamp shall reflect a current license for the land surveyor/engineer, the document shall be labeled
“Boundary Survey,” and the document shall not contain any disclaimers. i. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; and
j. A final Drainage and Grading plan(s) stamped by a registered Civil Engineer combined with the above-required Stormwater requirements; k. A final Landscape and Irrigation Plan with
the requirements above; and l. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. C. CITY ARBORIST 20. Compliance with Tree Regulations
and City Arborist Reports. The applicant shall comply with all City Arborist requirements. All requirements in the City Arborist Reports dated February 24, 2011 are hereby adopted as
conditions of approval and shall be implemented as part of the Approved Plans. This includes, but is not limited to the following: a. New trees equal to $35,640 shall be planted following
construction to replace removed trees, or as per the City Arborist. b. Owner shall obtain, and file with the Community Development Director, a Tree Protection security deposit in the
amount of $113,720, or as per the City Arborist. D. PUBLIC WORKS 21. Public Works Requirements. The applicant shall comply with all Public Works requirements.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road 22. Geotechnical Clearance. The applicant shall comply with all Geotechnical
requirements. All conditions specified in the Geotechnical Review dated November 22, 2010 are hereby adopted as conditions of approval and shall be implemented as part of the Approved
Plans. E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS 23. Fire Agency Conditions. Applicant shall comply with all Fire Agency requirements. All conditions specified in the Fire Department
comments dated October 6, 2010 are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. F. HORSES AND OPERATION OF COMMUNITY STABLE 24. Applicant
shall comply with City Code Section 15-13.040(d) which requires that a Community Stable in the HR zoning district obtain and maintain a Use Permit and be subject to the regulations prescribed
in Section 7-20.220 of this Code. 25. Applicant shall comply with City Code Section Section 7-20.220 as currently in effect and set forth below, and as hereafter amended. 7-20.220 -Horses.
(a) Purpose. This Section is adopted to establish licensing requirements for the keeping of horses, and to regulate the keeping and maintenance thereof, in order to protect and promote
the public health, safety, welfare, comfort and convenience, while permitting residents to keep horses under appropriate conditions, and further to establish conditions and requirements
for the operation of commercial and community stables. This Section is also intended to provide a basis for correction of existing unsafe and unhealthful conditions. (b) Definitions.
For the purposes of this Section and other provisions of this City Code, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless
the context or the provision clearly requires otherwise: Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area,
for the keeping or use of horses in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to
the public for remuneration, hire or sale. Corral means an area enclosed by fencing for the keeping of horses or other livestock. Horse includes any member of the horse family (equidae)
including, but not limited to, ponies, donkeys and mules. Horse stable means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses
or other livestock.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road Keeping or maintenance, in relation to a horse or horses, means the harboring
or maintaining possession of any horse on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any horse physically
present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupancy of the site. Keeping or
maintenance for private use, in relation to a horse or horses, means the keeping of horses owned by the owner of the site where such horses are kept, for the private use by such owner
and his guests as a use accessory to a residence on the same site, and not for remuneration, hire or sale. Pasture means a plot of ground other than a corral with grass or other plant
life available for grazing horses. Riding school means any establishment providing or offering for remuneration, equestrian instruction through private lesson, organized class, or group
instructional activities, or any establishment where horses are maintained or facilities provided primarily for the purpose of providing equestrian instruction for remuneration. (c)
Interpretation of provisions. The provisions of this Section shall be held to be minimum requirements except where it is expressly stated that maximum requirements shall prevail. The
provisions are not intended to impair or interfere with any private restrictions placed upon property by covenant or deed or otherwise; provided, however, that where this Section imposes
greater restrictions upon such property, the provisions of this Section shall control. (d) Compliance with regulations; invalidity of horse license issued in violation thereof. (1) It
shall be unlawful for any person to keep or maintain any horse, or cause any horse to be kept or maintained in the City except in conformity with the provisions of this Section and the
applicable zoning regulations of the City as set forth in Chapter 15 of this Code. (2) Horses may be maintained for private use and community stables may be maintained only in such zoning
districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations
set forth in Chapter 15 of this Code. (3) No horse license shall be issued pursuant to this Section in violation of any provisions contained herein or in violation of any other provision
of this Code, and any license as may be issued which is in violation of any of said provisions shall be void and of no force or effect.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road Upon final approval and issuance of this Use Permit, the City Code will
exempt from any horse licensing requirement any horse kept and maintained in this Community Stable so long as the Stable is in compliance with the terms and provisions of this Use Permit
and it remains valid. (e) General regulations. All horses in the City shall be kept and maintained in compliance with the following regulations: (1) Enclosures and control. All horses
shall at all times be kept in a corral or enclosed stable meeting the requirements of this Section other than when being ridden or exercised under the direct control of some responsible
person, except that the Planning Director shall have the power, but not the obligation, to permit the keeping of permitted horses in a pasture under reasonable conditions as imposed
in the license. (2) Construction of corrals and stables. All corrals shall be enclosed by a substantial fence, and corrals for the enclosure of stallions shall conform to all State laws
governing safety fencing, and all stables and corrals shall be erected and constructed in conformity with the Building Code of the City. Where existing buildings and structures constructed
in compliance with regulations in force at the time of construction do not comply with current regulations, and constitute a threat to health, safety or the general welfare, specific
corrections may be required by the City Manager as a condition of issuance of a license. (3) Fire protection. Buildings and structures for the keeping of horses shall conform to the
fire protection standards of the fire district in which the site is located. (4) Maintenance; sanitary conditions. All stables and corrals shall at all times be kept adequately clean
of manure, and the City Manager shall have power to require fly trapping or fly killing substances and devices as a condition of any license, as recommended by the County Health Department.
All horses and premises on which horses are kept shall be maintained in a clean and sanitary condition. (f) Community stables. Each community stable shall conform with the following
provisions, whether or not such provisions are specifically set forth in a use permit granted for such stable under Chapter 15 of this Code: (1) The premises shall be under the full-time
supervision of a competent attendant on duty on the premises. (2) Any commercial or community stable providing equestrian instruction shall give such instruction only on the premises,
unless special permission to do otherwise has been granted in the use permit.
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road (3) No lighting other than needed for safe passing around buildings shall
be permitted unless specifically approved under the terms of this Use Permit. The existing arena lights under the roof of the existing covered arena are hereby specifically approved
under the terms of this Use Permit. (g) Inspections. The City Manager and the County Health Officer shall have authority to enter upon and inspect any premises where any horse is kept
or maintained for the purpose of enforcing the provisions of this Section. VII. Project Approval APPROVED by the City of Saratoga City Council this 20th day of April 2011 by the following
vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Howard A. Miller, Ann Sullivan, MAYOR OF THE CITY
OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY ACCEPTANCE BY APPLICANT AND OWNER This permit is hereby
accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or
Integrated Annexation Package-Design Review, Use Permit, and Variation from Standards 22480-22490 Mt. Eden Road Authorized Agent. The undersigned hereby acknowledges the approved terms
and conditions and agrees to fully conform to and comply with said terms and conditions within the time required in this Resolution by the City of Saratoga Planning Commission. ______________________
____________ ____________________________ Applicant Date __________________________________ ____________________________ Property Owner or Authorized Agent Date