HomeMy WebLinkAboutCity Council Resolution 11-027RESOLUTION NO. 11- 027
CITY OF SARATOGA CITY COUNCIL
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 -80 -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 -09 -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.
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 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
Integrated Annexation Package- Design Review, Use Permit, and Variation from Standards
22480- 22490 Mt. Eden Road
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.
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 l La 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 43: 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 facade 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 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 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 MG 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 MG 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 (or Owner's successor(s)
performing work described in Subsection b. below) 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 4B12 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 front 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 66499.20 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 entire Merged 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 ML 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,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 eve 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
1. 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 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:
Communit s� 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.
Ridin s� 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:
AYES: Councilmember Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page,
Mayor Howard Miller
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
V
Howard A. Miller,
MAYOR OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
ATTEST:
Ann Sullivan,
CLERK OF THE CITY OF SARATOGA
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
Property Owner or Authorized Agent
3
Date
Date
Integrated Annexation Package- Design Review, Use Permit, and Variation from Standards
22480- 22490 Mt. Eden Road
0
r
�r
r.
m Z 4� F�
Zi, 3
o
ro
a
rl
jII-- oe ea eo o o e e oo a o „o
�r fi
�i
X.
a
o m D I, O n g
J
N aw s �p
b e
O
rn
C�
sheet REMODELPLAN5POR M These documents are the
G P F,4RM 5 MICHAEL VIERHUS properly of Michael Vlerhus, g
A R G H I T E G T Architect and shall not be
South Thunder LLG used or reproduced In N i
408 867 5808
EDEN ROA SARATOGA C ALIFORNIA o anyway without his consent.
T
m
T
O
D
v7
'r a'^fiyy'bA
yy
��:.yy'TnA y A
yy
r.� y
P
rn
to
k
M1tr
A
15
i'19
T
i
E
�i
X.
a
o m D I, O n g
J
N aw s �p
b e
O
rn
C�
sheet REMODELPLAN5POR M These documents are the
G P F,4RM 5 MICHAEL VIERHUS properly of Michael Vlerhus, g
A R G H I T E G T Architect and shall not be
South Thunder LLG used or reproduced In N i
408 867 5808
EDEN ROA SARATOGA C ALIFORNIA o anyway without his consent.
=1
m
D
It
J
o�
I
I
f
1
I
1
mm m Z
Cx T
yg A Z ]I
i�
n �r
O 2
9 P Y
t
a
.t6
1
•cj. .5m.
n
Z 3
U
7- I
2 O3
's
N m
P
N
m
II
I
0
o
o
r--
11 a
MG) o
h
D M
z m
D
o
m v
Cn
M
Z
o
z
m
�b
oD
A
tp
9 m W
C°
D
m �7 h
0
C)
r
Z
m
3
o m
D
0
z
0
SD sYi.k+eV
RFl
C/7
LICENSeo
N-
m
A
z
m
�b
d
O
tp
9 m W
a Y
4
OP d
Iv
y
CD O 2
3
1�31
co
to c
�n
m 0
3
o m
z
SD sYi.k+eV
RFl
m
LICENSeo
N-
Sys
A
y
y 0
d
t
Oy t
5
t:
EyAffiki
VIM
t 13 yKk k j' S M 171
yi
um
i!t t
g
is
NO
d..
x
M s I rr I I II' E
iWIF
II!PP %JJJII r W
P ngp
6
m
LICENSeo
N-
Sys
A
y
y 0
d
aa t
y a a n
s z
tp
9 m W
a Y
4
OP d
Iv
y
CD O 2
3
1�31
co
to c
�n
m 0
3
o m
O
C-
m
n
D
D
m
O
c
c
m
D
n
m
cn
o
r
O rp
r m v
m
T /1 Z
D N L J
A A O
N
Z O
>o m
N
}}aa
m
o r
D O 0 D
m
D Z
O
o 0 C/)
rrl
Z
r
z m
0
A N
N
D
O
to W
(D to W
O OD
O N
C
3 o m
m
m
.17 A O
m -O
z
8 o
Cn m
o
w
5 i CeN
s
o �o
r o D -i
yd y
bn l
o
o
D z m
z�
C) Cf)
z m
4
.tJ3
Q m c
0
3 m
0
3
D
z
r
0
O
I
a c
o p
z
sheet
1'
s
j
C
UJI
rn
3
m
z
r
D
Z
REMODEL PLANS FOR
G P FARMS
South Thunder.LLC
22490 MT. EDEN ROAD SARATOrA CALIFORNIA
rn
C�
O
Z
v
n
r
O
O
MIGHAEL VIERHUS These documents are the
property of Michael Yerhus,
A R G H I T E G T Architect and shall not be
4 0 8 561 5 8 0 5 used or reproduced in
anyuray udthout his consent.
l
W N
a -f
00
_o
z
sheet f
A 2
GP FARMS
22490 MT. EDEN ROAD
5ARAT06A CALIFORNIA
MICHAEL VIERHU5
A R G H I T E G T
408 861 5808
These documents are the
property of Michael Aerhus,
Architect and shall not be
used or reproduced In
anyway udthout his consent.
I.
0
r
o
I
I 4�
f �y
I
I
I r
I
I X,.
o
r
nr -rs rr
T N
C�
F
m
tmz z .iii C7 p
m II r
o O
b z 17- Z D
Z
sheet REMODEL PLANS FOR MICHAEL VIERHUS These documents are the
GP FARM5 A R G H I T E G T p Arcchit te e t a nd shall no be
22 MT. EDEN ROAD 408 8 6 7 C 8 Q used or reproduced in
5ARATO GAUF ORNIA 8 anyway 0thout his consent.
t 11 I `-n If 11 11 C�mDm
n n n n u n n I i h n° n n u n u n n If
o
of V t S t �N V tAI+N- JmC.
4 °O ma O+ 2S
O d
Y.
1 3
j A m
0
h
l�
h
I
Ulk
u
�O
zz
sheet
A- 4
rn z
,-(3
S
--4 to
OD
Z
rn
D
N
_N
d
rn
rn
r
un
D
O
z
R
rn
N
N
d
rn
rn
r
rn
D
O
z
REMODEL PLANS FOR
o
1
MICHAEL VIERHus These documents are the
GP FAtRMS
propefhj of Michael Vierfns
A R G H I T E G T Architect and shall not be Llrn
s
South Thunder a u. o
4 0 8 86 5b 0 8 used or reproduced in 5 I8
22490 MT. EDEN ROAD SARATOGA CALIFORNIA
I amjt%without his consent.
T I
IL
E
L —J L;r
(JI
M
z
REMODEL FLAN5 FOR
GP FARMS
22490 MT. EDEN ROAD
SARATCGA CALIFORNIA
E3
El
N I
0
0
-ni
Ii iE
MIGHAEL VIERHU5
These documents are the
property of Michael Vierhus,
A R G H I T E G T Architect and shall not be
405 661 58 0 8 used or reproduced In
uAthout his consent.
S��;n j�
W I adow 5
r
r
AYim
cot FPFMS cc) L, c) P, a, VIVIO
door