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HomeMy WebLinkAboutCity Council Resolution 12-017 RESOLUTION NO. 12 -017 A RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL ACCEPTING THE PLANNING COMMISSIONS RECOMMEDATION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE DESIGN REVIEW PDR11 -0010, AND CONDITIONAL USE PERMIT CUP11 -0007 LOCATED AT 22100 MOUNT EDEN ROAD WHEREAS, on March 22, 2011, John and Tara Couch "Applicants submitted an application requesting design review approval to construct a new two -story home located at 22100 Mt. Eden Road. The property is located within the Hillside Residential Zoning District (APN 503 -09 -005); and WHEREAS, on December 8, 2011, the Applicants submitted an application requesting conditional use permit approval and variation from standards for equestrian uses located at 22100 Mt. Eden Road; and WHEREAS, on February 8, 2012, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties including all comments on the Initial Study and Mitigated Negative Declaration raised during the public and agency comment period and at the public hearing. WHEREAS, on February 8, 2012, the Planning Commission recommended the City Council adopt the Mitigated Negative Declaration and approve a development agreement, Design Review PDR11 -0010, and Conditional Use Permit CUP 11 -0007 subject to the Conditions of Approval attached hereto as Exhibit 1 (these approvals are referred to below as the proj ect). WHEREAS, on March 21, 2012 the City Council held a duly noticed public hearing on the project, and considered the Planning Commission recommendation, evidence presented by City staff, the applicant, and other interested parties including all comments on the Initial Study and Mitigated Negative Declaration raised during the public and agency comment period and at the public hearing. NOW THEREFORE, the City Council of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: For the reasons set forth in the staff report to the City Council, the project is consistent with Saratoga General Plan 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; 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 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. Section 3: For the reasons set forth in the staff report to the City Council, the project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project avoids unreasonable interference with views and privacy; preserves the natural landscape, native and heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height; uses current grading and erosion control methods; and follows appropriate design policies and techniques. Section 4: For the reasons set forth in the staff report to the City Council, the project meets the burden of proof required to support the conditional use permit and variation from standards in that 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; that 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 proposed conditional use will comply with each of the applicable provisions of this Chapter; and the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. Section 5: The Mitigated Negative Declaration for the project is hereby adopted together with the findings and determinations set forth in Exhibit 2 to this Resolution; Section 6: Given that the Development Agreement provides certain assurances for the City, the City of Saratoga City Council hereby accepts the Planning Commission recommendation to approve Design Review PDR11-0010, and Conditional Use Permit CUP 11- 0007 subject to the Conditions of Approval attached hereto as Exhibit 1. The approval of PDR11-0010 and CUP 11 -0007 shall become effective upon the date that the Development Agreement for the project introduced on March 21, 2012 takes effect. In the event that the Development Agreement is not adopted or for any reason does not take effect, those approvals shall be of no force and effect. 2 PASSED AND ADOPTED by the City of Saratoga City Council this 21st day of March 2012 by the following vote: COUNCIL MEMBERS: AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None SIGNED: ATTEST: C uck Page, Crysta Morrow, MAYOR OF THE CIT 9F SA' A TOGA CLERK OF THE CITY OF SARATOGA 3 EXHIBIT 1 RECOMMENDED CONDITIONS OF APPROVAL DESIGN REVIEW CONDITIONAL USE PERMIT NO. PDR11 -0010 CUP11 -0007 LOCATED AT 22100 MOUNT EDEN ROAD 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 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 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). 5. A Building Permit must be issued and construction commenced within 36 months from the effective date of this Resolution or the Design Review Approval and Use Permit will expire unless extended in accordance with the City Code. 6. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval and Use Permit the Owner or 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. 4 8. 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 and Use Permit. 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 9. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans and the Color Board dated February 2, 2012 denominated Exhibit "A All proposed changes to the Approved Plans 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 approval in accordance with Condition A.3, above. 10. Effective Date. The Development Agreement and Resolution adopting the Mitigated Negative Declaration and approving the Development Agreement, Design Review, and Conditional Use Permit will be effective 30 days after the second reading of the City Council Ordinance adopting the Development Agreement. 11. THIS CONDITION IS PERMANENT. Future Improvements. All improvements other than those shown on the Approved Plans shall be approved through design review prior to issuance of building permits. No structure shall be built on an area with an average slope that exceeds 30% or an area that exceeds 40% natural slope at any point under the structure. 12. THIS CONDITION IS PERMANENT. Deed Restriction: Trails Easements. The property Owner shall dedicate trail easements to the City of Saratoga in form and content satisfactory to the Community Development Director as depicted on the Trails Master Plan included in the Open Space Conservation Element of the City of Saratoga General Plan. Specifically, the property Owner shall dedicate an equestrian trail easement from Mt. Eden Road to the north- east property corner. In addition, the property Owner shall locate, map, describe, and dedicate a pedestrian and equestrian easement in the vicinity of existing roadway located in existing Ingress and Egress Easement along a portion of the southerly property line. This 5 easement shall be designed in a manner that assures the trail slope is feasible for reasonable equestrian use and that the trail avoids conflict with vehicular traffic on the roadway. A legal description and plat plan or a verbal trail description shall be prepared for each trail easement dedication and submitted to the City Public Works Department for review and approval. The width and exact location of the trail easements are subject to approval by the Public Works Department. In addition, if requested by the Director of Public Works, Owner shall re- record an offer of dedication comparable to that offered to the City on December 14, 1984. These offers of dedication shall be recorded prior to issuance of Zoning Clearance for a Building Permit. The City Manager is authorized to accept trail easement dedications on the property on behalf of the City upon the recommendation of the Director of Public Works. 13. THIS CONDITION IS PERMANENT. Deed Restriction: Conservation Easement. As proposed by the Owner, the property Owner shall dedicate, in form and content satisfactory to the Community Development Director, a Conservation Easement over the designated easement area to preserve and protect in perpetuity the natural, scenic and open space values of the easement area, subject to the restrictions contained therein. The easement shall be recorded prior to issuance of Zoning Clearance for a Building Permit. The City Manager is authorized to accept the easement upon the recommendation of the Community Development Director. 14. THIS CONDITION IS PERMANENT. Deed Restriction: Development Agreement. The property Owner shall record the Development Agreement between the Owner and City introduced by the City Council on March 21, 2012. The Development Agreement shall be recorded prior to issuance of Zoning Clearance for a Building Permit. 15. 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; b. This signed and dated Resolution printed onto separate construction plan pages; c. City Arborist Report dated December 2, 2011, printed collectively onto separate construction plan pages; d. 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 (as determined by the City Arborist) of any Ordinance protected tree on the site; e. 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; f. 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 6 for the land surveyor /engineer, the document shall be labeled "Boundary Survey," and the document shall not contain any disclaimers; g. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; h. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with a Stormwater Detention Plan (described below); i. A final Landscape and Irrigation Plan (described below); and j. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 16. THIS CONDITION IS PERMANENT. Stormwater. The applicant shall comply with requirements of Provision C.3 of the National Pollution Discharge Elimination System "NPDES Permit for Santa Clara Basin. Disposition and treatment of stormwater shall comply with the applicable requirements of the 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 Building Department 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. 17. THIS CONDITION IS PERMANENT. Stormwater Treatment Measures Maintenance. Post construction operation and maintenance of storm water treatment Best Management Practices (BMP's) shall be the responsibility of the homeowner. 18. Grading and Drainage Permit. A grading and drainage permit shall be obtained from the City Engineer. All conditions of the grading and drainage permit shall be implemented. All conditions of the Santa Clara Valley Water District shall be met. Short- term soil erosion and sediment control resulting from construction activity shall be controlled. 19. Grading and Design Plan. A grading and drainage plan, prepared by a civil engineer, shall be submitted to the City for approval. a. The grading and drainage plan shall include a storm water retention plan indicating how storm water will be retained on site. b. Grading of a project site shall be designed to minimize erosion, runoff, and water waste, by using the following techniques: i. grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non permeable hardscapes; ii. avoid disruption of natural drainage patterns and undisturbed soil; and 7 iii. avoid soil compaction in landscape areas. c. The grading plan shall indicate finished configurations and elevations of the landscape area including: i. height of graded slopes; ii. drainage patterns; iii. pad elevations; iv. finish grade; and v. stormwater retention improvements. d. Grading and trenching (including for undergrounding electrical lines) shall be shown on the plans submitted to the Building Division and demonstrate adequate protection of trees to the satisfaction of the City Arborist, or, in the alternative, the City Arborist shall be present and have authority during the grading and trenching to require hand digging for any tree roots judged at the discretion of the City Arborist to need additional protection. 20. THIS CONDITION IS PERMANENT. Soil and Erosion Control Plan. The applicant should submit and implement a soil and erosion control plan, which identifies the techniques for minimizing the impact of disturbance on adjacent properties. The Project shall be designed to direct water runoff away from adjacent properties and detain water runoff on the project site, to the maximum reasonably feasible amount possible, through the use of appropriate storm water control measures. Erosion problems shall be avoided or corrected including replanting removed and damaged trees and revegetating graded areas as soon as feasible with native plants. Correction of stream erosion problems shall be accomplished using natural and/or natural appearing materials. Applicant shall make on -site or off -site improvements reasonably related to the impacts of the Project as requested by the City Public Works Department, prior to Final Occupancy Approval. 21. THIS CONDITION IS PERMANENT. 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 8 g. comply with Section 16- 75.030 of the City Code to the extent applicable. 22. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Director for 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 23. THIS CONDITION IS PERMANENT. Landscape maintenance. Proper maintenance of landscaping with minimal pesticide use shall be the responsibility of the property owner. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the Owner as may be prescribed by the Community Development Director; 24. 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. 25. THIS CONDITION IS PERMANENT. Wood burning fireplace limitation. A maximum of one wood burning fireplace is permitted per habitable structure (e.g., main house or guest house). All other fireplaces shall be gas burning. 26. THIS CONDITION IS PERMANENT. Fences. Fences and walls shall comply with City Code Chapter 15 -29. 27. THIS CONDITION IS PERMANENT. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties. 28. THIS CONDITION IS PERMANENT. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise comply with City Code Section 16- 75.030. 29. Construction truck routes. Construction trucks shall only use designated truck routes. 30. Noise limitations during construction. The noise level at any point twenty -five feet from the source of noise shall not exceed 83 dBA during residential construction, and residential construction, alteration or repair activities which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted only between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Residential construction shall be prohibited on Sunday and weekday holidays, with the exception of that construction, alteration or repair activities which are authorized by a valid City permit and which do not exceed fifty percent of the existing main or accessory structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday holidays. A notice of applicable construction hour restrictions shall be posted conspicuously on site at all times for all exterior residential construction activity requiring a City permit. 9 31. Construction and Demolition Debris Recycling Plan. Because this Design Review Approval authorizes a construction, remodeling, or demolition project affecting more than two thousand five hundred square feet of floor space the Applicant is required to provide to the Building Official a construction and demolition debris recycling plan prior to the issuance of any Demolition, Grading or Building Permit. 32. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16- 75.050 governing maintenance of construction project sites is required. 33. Basic Construction Measures. Short-term construction emissions will be controlled through best management practices and the implementation of the Basic Construction Mitigation Measures, listed in Table 8 -1 of the BAAQMD Guidelines, as follows: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator. h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. i. Green building materials and strategies shall be incorporated into the construction of the proposed new residences in accordance with City guidelines and standards. j. A maximum of one wood burning fireplace per residence may be installed consistent with City regulations and BAAQMD guidelines. 34. Cultural Resources. If archaeological or cultural resources or human remains are discovered, the following conditions shall be implemented. a. If significant cultural materials are found during project construction activities, all construction shall cease within a 50 -foot radius of the find in order to proceed with the testing and mitigation measures required. The City of Saratoga shall be notified, and a qualified archaeologist shall examine the find and make appropriate recommendations 10 regarding the significance of the find and the appropriate mitigation. Recommendations could include collection, recordation, and analysis of any significant cultural material. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the public Resources Code of the State of California. b. In the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlay adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State Law, then the land owner shall re -inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. c. In the event any unrecorded archaeological resources are recorded, it will be the responsibility of the project archaeologist to (at a minimum) record the location of the resources on DPR archaeological site forms to be submitted to the Northwest Information Center (NWIC) at the completion of the project. If it has been determined that additional earthmoving activities will further disturb the resource, a plan for its evaluation under current CEQA guidelines should be submitted to the City of Saratoga for approval before a program of hand excavation is undertaken. d. If evaluative testing demonstrates that the property contains an archaeological resource eligible for inclusion on the California Register of Historical Resources, the project applicant should submit a plan for mitigation of impacts to that resource to the City of Saratoga for approval before additional data recovery efforts are allowed to proceed in areas of planned impacts. Mitigation can take the form of additional archaeological monitoring along with recording and/or removal of significant archaeological materials and information. Mitigation should also include the analysis and production of a report of findings at the completion of archaeological fieldwork for submission to the City and the NWIC. e. After discovery of any significant cultural resources, a final report shall be submitted to the City of Saratoga. This report shall contain a description of the monitoring and testing program, a list of the resources found, a summary of the resources analysis methodology and conclusion, and a description of the disposition/duration of the resources. The report shall verify completion of the mitigation program to the satisfaction of the City of Saratoga. C. CITY ARBORIST. 35. Compliance with Tree Regulations and City Arborist Report. All requirements in the City Arborist Report dated December 2 2012, 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 conditions of approval, required prior to issuance of zoning clearance and building division permits: 11 a. The entire Arborist Report, including the Tree Inventory Table and map showing locations of trees and protective fencing, shall be incorporated into the final set of plans and titled "Tree Preservation b. Owner shall obtain, and file with the Community Development Director, a $138,275 Tree Protection security deposit, prior to obtaining Building Division permits. The tree protection security deposit shall remain in place for the duration of construction of the project to ensure the protection of the trees. c. New trees equal to $42,930 shall be planted as part of the project. d. Tree Protection Fencing shall be installed as shown in the Arborist Report and Map and established prior to the arrival of construction equipment or materials on site. It shall be comprised of six -foot high chain link fencing mounted on eight -foot tall, 1 7/8 -inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Signs shall be posted with saying "TREE PROTECTION FENCE DO NOT REMOVE WITHOUT APPROVAL FROM CITY ARBORIST The City Arborist shall inspect the tree protection fencing prior to owner obtaining building division permits. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. 36. Protection of trees during Construction. Applicant is responsible for protecting trees per City Code Article 15 -50 during all construction work. Unless otherwise approved by the City Arborist, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). 37. Protection of trees from harmful chemicals. Harmful chemicals shall not be disposed of near trees. D. PUBLIC WORKS 38. Encroachment Permit. Applicant shall obtain an encroachment permit for any and all improvements in any City right -of -way prior to commencement of the work to implement this Design Review Approval. 39. Other Improvements. The owner /applicant is responsible for all damages to curb, gutter and public streets caused during the project construction by project construction vehicles at the public right away areas at /near the property frontage. Applicant shall make on -site or off -site improvements reasonably related to the impacts of the Project as requested by the City Public Works Department, prior to Final Occupancy Approval. 40. Geotechnical Clearance. Applicant shall comply with all Geotechnical requirements and conditions required by the City Engineer. a. The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, retaining walls and driveway) to ensure that their recommendations have been properly incorporated. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to issuance of building permits. 12 b. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundation construction prior to placement of fill, steel and concrete. The Project Engineering Geologist shall inspect basement excavations to confirm anticipated geologic conditions. The results of these inspections and the as -built conditions of the project shall be described by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as- built) Project Approval. E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS 41. Fire Agency Conditions. Applicant shall comply with all Fire Agency requirements and conditions. F. REQUIREMENTS OF OTHER AGENCIES OR UTILITIES 42. Conditions Requested by Other Agencies or Utilities. Applicant shall comply with all conditions regarding improvements, whether on -site or off -site requested by other Agencies or Utilities having jurisdiction under the Mitigated Negative Declaration. Such agencies include but are not limited to the Santa Clara Valley Water District, Regional Water Quality Control Board, U.S. Army Corps of Engineers, and California Department of Fish and Game. Prior to issuance of city permits, the applicant must present evidence of permit approval by any such agencies, as required for any activities within jurisdictional areas of said agencies. 13 Exhibit 2 Findings and Determinations Regarding California Environmental Quality Act Compliance The City of Saratoga City Council has considered a proposed Mitigated Negative Declaration for a Development Agreement, Design Review approval PDR11 -0010, and Conditional Use Permit approval CUP 11 -0007 subject to conditions of approval for a new two -story home and equestrian uses including a request for a variation from standards for excess lot coverage and floor area on the Property associated with the horse walker area, horse corral/riding arena, and future buildings, hardscape, and landscape at 22100 Mt. Eden Road (APN 503 -09 -005). The foregoing actions are described as the "Project." 1. An Initial Study (IS) and Negative Declaration (ND) were prepared for the Project by the City of Saratoga, pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000 21177), CEQA Guidelines (14 California Code of Regulations sections 15000- 15387), and other applicable requirements. 2. The Initial Study and a notice of intent to adopt the Mitigated Negative Declaration (MND) were duly noticed and circulated for a 30 -day public review period from December 12, 2011 through January 11, 2012. All Interested Parties desiring to comment on the MND were given the opportunity to submit written and oral comments on the adequacy of the MND up to and including the close of the Public Hearing on Project before the City Council on March 21, 2012. 3. The IS and ND represents the City's independent judgment and analysis. 4. On March 21, 2012 the City Council conducted a public meeting on the Project, during which opportunity was given to address the adequacy of the MND. All comments on the IS and MND raised during the public and agency comment period and at the Public Hearings on the Project were considered by the City Council and the City Council was given the opportunity to review all of the information in the administrative record; and 5. After the conclusion of public testimony, the City Council considered all oral and written comments and a staff recommendation for approval of the MND and reviewed and considered the information in the IS and ND, public and agency comments on the IS and ND, the administrative record, and the staff report for completeness and compliance with CEQA, the CEQA Guidelines, and any and all other applicable requirements. 6. The Project has been the subject of an Initial Study and Mitigated Negative Declaration under the California Environmental Quality Act (CEQA) pursuant Section 15070 and following of Title 14, Division 6, Chapter 3 (CEQA Guidelines). The MND has been completed in compliance with the intent and requirements of CEQA, CEQA Guidelines and any and all other applicable requirements. The City Council has considered the information contained in the MND and the record in considering the Project and related actions. 7. The MND is based on an Initial Study which identifies potentially significant effects, but: (1) Revisions in the project plans would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence, in light of the whole record before the City of Saratoga, that the project as revised may have a significant effect on the environment. 8. The documents constituting the record of proceedings upon which this decision is based are located in the City of Saratoga Public Works Department and are maintained by the Director of that Department. Pursuant to CEQA and CEQA Guidelines, the City Council finds on the basis of, and after review of, the whole record before it (including the Initial Study, the Mitigated Negative Declaration, any and all comments received, and in light of expert and other evidence submitted), that there is no credible, substantial evidence that the Project may have a significant effect on the environment as to any issue raised. 322700.1 15