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City Council Resolution 24-036, Approving Saratoga Retirement Community MPU and Design Review
RESOLUTION NO. 24-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING A MASTER PLAN UPDATE INCLUDING DESIGN REVIEW (PDR19- 0023), ARBORIST REVIEW (ARB19-0039), AND GEOTECHNICAL REVIEW (GEO19- 0013) FOR SARATOGA RETIREMENT COMMUNITY, 14500 FRUITVALE AVENUE (APNS 397-12-012 & 397-12-019 & 397-40-006) WHEREAS, on June 21, 2019, an application was submitted by Ankrom Moisan Architects (Applicant) for Odd Fellows of California (Owner). The Applicant requests approval of a Planned-Combined District zoning reclassification of Assessor's Parcel Numbers 397-12-012, 397-12-019, and 397-40-006 from R-1-40,000 to R-1-40,000 P-C (Planned Combined District) (ZOA19-0004) for the Saratoga Retirement Community, and a Master Plan Update and Design Review (PDR19-0023), Arborist Review (ARB 19-0039), and Geotechnical Review (GE019- 0013), and certification of the associated Final Environmental Impact Report. WHEREAS, the current facility and associated uses received design review and conditional use permit approval in the year 1996 (UP94-001). The Applicant is also proposing to construct three new apartment style buildings containing 52 independent living units. The project would also combine skilled nursing rooms in the Health Center to create single occupancy rooms. The project site currently has 249 units(143 independent living units and 106 assisted living units) and 94 skilled nursing beds. The Applicant's proposal would bring the total residential units to 298 (195 independent living units and 103 assisted living units) and skilled nursing beds would be reduced to 52. A new meeting room would be added to the west side of the existing Manor building, and a new workout room would be added to the existing fitness center. The project would include a net increase of 109 parking spaces, new landscaping (including removal of 65 protected trees), relocation of outdoor recreation facilities and a new Fire Department Emergency Access from Chester Drive. The foregoing work is described as the "Project" in this Resolution; and WHEREAS,the Community Development Department completed a Final Environmental Impact Report(EIR) for the Project in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 2100 et seq. the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.) (the "CEQA Guidelines"), and any local procedures adopted thereto; and WHEREAS, the Final EIR analyzed four alternatives to the Project: (1) the No Project Alternative; (2) Alternative I —Residents' Alternative; (3) Alternative 2 —Reduced Development Alternative; and (4) Alternative 3 —Applicant's Alternative; and WHEREAS, on May 8, 2024, the Planning Commission conducted a duly-noticed public hearing to take public comment on the Project and reviewed all pertinent maps, documents and exhibits, the staff report and all attachments, and oral and written public comments. At the conclusion of the public hearing, the Planning Commission recommended that the City Council: certify the Final EIR as adequate and complete in compliance with CEQA, and as adequate and complete for consideration in making a decision on the merits of the Project; and adopt an Resolution 24-036 Page 2 ordinance rezoning Assessor's Parcel Numbers 397-12-012, 397-12-019, and 397-40-006 from R- 1-40,000 to R-1-40,000 P-C (Planned Combined);and . approve the Master Plan Update including Design Review (PDR19-0023), Arborist Review (ARB19-0039), and Geotechnical Review (GE019-0013) and ENV 19-0005) including corresponding findings and conditions of approval for Alternative 3, Applicant's Alternative as described in the Final EIR and shown in the plans in Exhibit A which consist of 1) the Project) Plans prepared by Ankrom Moisan dated 04-05-2022 which relate to Buildings A, C, the Meeting Room and the Fitness Center addition, 2) Revisions to Building A plans prepared by Ankrom Moisan dated 9-20-2023 relating to modifications to the Bocci Court and circular driveway to the west of the building, and 3) the Applicants' Alternative, Alternative 3, plans prepared by Ankrom Moisan dated 09-14-2023, which relate to Building D and the additional cottage and deletes Building B in the Plans; and WHEREAS, on June 21, 2019, an application was submitted by Ankrom Moisan Architects (Applicant) for Odd Fellows of California (Owner) for Design Review that include designs and improvements that blend with the existing campus. WHEREAS, on June 5, 2024 the City Council of the City of Saratoga held a duly noticed public hearing to take public testimony and consider this Resolution, the proposed ordinance amending rezoning Assessor's Parcel Numbers 397-12-012, 397-12-019, and 397-40-006 from R- 1-40,000 to R-1-40,000 P-C (Planned Combined), and the Final EIR on the Project, and all pertinent maps, documents, and exhibits, and oral and written public comments. WHEREAS, the City Council of the City of Saratoga has certified the Final EIR as adequate and complete in compliance with CEQA and the CEQA Guidelines, and as adequate and complete for consideration in making a decision on the merits of the Project. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga hereby: 1. Determines that the recitals set forth above are true and correct and incorporated herein by reference. 2. Adopts Design Review Findings for the Applicant's Alternative in the affirmative as outlined in City Code Section 15-46.040 on the basis of the application and the evidence submitted, including, but not limited to, the following: a. Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. The features of the new buildings,including materials,colors,elevations and landscaping,would blend architecturally with the existing structures on the property. A unified Mediterranean style blends with the independent Living Buildings and Cottages that were completed in 2005. The new buildings are primarily stucco, utilizing a similar color scheme, roof materials, and window systems. Building B and the Meeting Room addition follow a similar Spanish Colonial Revival style to the Resolution 24-036 Page 3 Manor. These buildings relate to the architectural style of the Manor, with slight differentiations as required by the Secretary of the Interior Standards. b. Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. Signage would be consistent throughout the property and is harmonious in appearance. C. Landscaping shall integrate and accommodate existing trees and vegetation to be preserved, it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups,as opposed to being placed in rows or regularly spaced The landscape design compliments the existing landscaping throughout the campus. Plantings would create a lush and colorful year-round visual setting of seasonal color and change. The landscaping would be clustered into natural appearing groups and meets current WELO requirements. All tree removal has been reviewed by the City Arborist and meets the tree removal criteria in Article 15-50.080 of the City Code. d. Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. The proposed buildings would follow a similar and compatible nonreflective materials and color scheme as the existing buildings,pursuant to the approved material board. The colors and materials blend with the natural environment. e. Roofing materials shall be wood shingles, wood shakes, the or other materials such as composition. No mechanical equipment shall be located upon a roof unless it is appropriately screened The new buildings would include Spanish clay tile as roofing material, which is similar to the historic Manor. All rooftop mechanical equipment would be located within roof wells to ensure adequate screening. f. The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. The location of the new structures would be compatible with height and bulk of existing on-site structures and with the adjacent Fellowship Plaza. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga hereby takes the following actions, to take effect upon the effective date of the ordinance rezoning Assessor's Parcel Numbers 397-12-012, 397-12-019, and 397-40-006 from R- 1-40,000 to R-1-40,000 P-C (Planned Combined District): 1. Approves the Master Plan Update including Design Review (PDR19-0023), Arborist Review (ARB 19-0039), and Geotechnical Review (GEO 19-00130) for the Saratoga Retirement Community located at 15500 Fruitvale Avenue by adopting Alternative 3, the Resolution 24-036 Page 4 Applicant's Alternative subject to the Conditions of Approval attached hereto as Attachment 1. 2. Declares that its approval of Design Review and its approval of the Master Plan Update for the Project are severable and independent of each other, and that if the Design Review approval, including any extension granted in accordance with City Code Section 15- 46.050, expires before a building permit is issued for the Project, the City Council's approval of the remainder of the Master Plan Update shall remain in effect and development may proceed upon issuance of a new Design Review approval. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 51h day of June 2024 by the following vote: AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, VICE MAYOR AFTAB, MAYOR ZHAO NOES: COUNCIL MEMBER WALIA ABSENT: NONE ABSTAIN: NONE Yan Zhao, Mayor ATTEST: Britt Avrit, MMC, City Clerk Resolution 24-036 Page 5 ATTACHMENT 1 CONDITIONS OF APPROVAL OF A MASTER PLAN UPDATE INCLUDING DESIGN REVIEW (PDR19-0023), ARBORIST REVIEW (ARB19-0039), AND GEOTECHNICAL REVIEW (GEO19-0013) FOR SARATOGA RETIREMENT COMMUNITY, 14500 FRUITVALE AVENUE (APN'S 397-12-012,397-12-019,AND 397-40-006) I. STANDARDS OF DEVELOPMENT 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, demolition, or grading 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 to the Community Development Director. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, 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 City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of$500 is maintained). 3. 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 City Code incorporated herein by this reference. 4. 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, 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 City Attorney. Resolution 24-036 Page 6 B. COMMUNITY DEVELOPMENT 5. All permitted and conditional uses per City Code Section 15-16.030 are allowed. Additional permitted uses include those approved on the basis of the approved plan(Exhibit A),existing site plan, floor plans, elevations and description of uses included in the approved plan. No other use shall be established or changed upon the property unless approved pursuant to City Code Article 15-16 and Section 15-16.060(a). 6. This approval combines and supersedes all previous use permit resolutions issued for this property/use and any other previous approvals on this site. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans including the revised Building A Plans and the Alternative 3 — Applicants' Alternative Plans (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 City Code. 8. If at any time the scope of operations needs to be adjusted, or is out of compliance, the Project shall be brought forth for review by the Planning Commission. 9. No other structures or site coverage shall be permitted unless approved pursuant to City Code. 10. Resident units shall not exceed: 195 Independent Living Units, 103 Assisted Living Units and 52 Skilled Nursing Beds. 11. The total permitted site coverage, approved on the basis of Exhibit A, is 737,482 square feet (54.17%). 12. The total permitted floor area not including basements, of all structures, approved on the basis of Exhibit A, is 517,995 square feet(38.04%). 13. The maximum permitted height of any structure, approved on the basis of Exhibit A, is 3 stories. 14. There shall be a minimum of 550 parking spaces provided on the basis of Exhibit A. 15. The new meeting room added to the west side of the existing Manor building shall be available to the general public as well as the SRC residents. The meeting room use shall be available by prescheduling for groups of up to 45 attendees. Meetings may be scheduled between 5:00 pm and 9:00 pm on weekdays and during daytime hours on weekends. Carpooling shall be encouraged for all groups. Resolution 24-036 Page 7 16. The Applicant shall clearly communicate with delivery services/vehicles that parking is only allowed in designated loading areas and shall not block driveways or vehicle parking. Deliveries shall be made between the hours of 8 AM- 5 PM Monday—Friday. The Applicant shall develop a schedule for delivery so that deliveries are staggered during the day. The schedule shall be submitted to planning staff for approval prior to final inspection. 17. The Applicant shall clearly communicate with the delivery services/vehicles that trucks shall not back into one-way streets. Trucks shall follow the one-way vehicular flow, and only park in designated loading zones to unload. 18. At all times, there shall be an unobstructed width of 18 feet on all one-way streets including Pavilion Circle. The loading zone as indicated on the approved plans shall be kept free and clear and used for short-term deliveries only. No storage of carts, scooters, parked vehicles, extra dumpsters or golf carts shall be stored in these areas. 19. The Applicant shall continue to provide shuttles to take residents to the on-site dining room and to off-site excursions and appointments. The shuttles do not have fixed routes or stops on site and function more as an on-needed basis. 20. The Applicant shall continue to guarantee that there would be open occupancy availability to City of Saratoga seniors and shall continue to provide early notification to City of Saratoga seniors of unit availability. 21. The Applicant shall continue to make available 10 studio Assisted Living Units with financial assistance for Odd Fellows members with limited means and continue to provide an endowment benefit plan, providing financial assistance for those in need. 22. The Applicant shall provide 10 deed restricted Assisted Living units for low-income housing as agreed to in the Below Market Rate Housing Agreement. These units shall be located upon the campus and the deed restriction shall be recorded prior to start of construction. These units shall be deed restricted for 55 years to qualifying low-income individuals. To qualify for these units, an individual must be 62 years of age or older and have a doctor's order indicating the individual's need for assisted care. Priority shall be given to those who live and or work in the City as allowed by law. Annually, Owner shall prepare a calculation of the Housing Costs for a studio assisted living unit. Consistent with California Health & Safety Code Section 50053, the Housing Costs chargeable for the BMR Units and paid by a Qualifying Resident shall not exceed 30 percent of 60 percent of Santa Clara County median income. 23. The Applicant shall continue to provide Health Center services to the public and the community. SRC is part of the Santa Clara County Emergency Cooperative Assistance Agreement for Skilled Nursing Facilities. The facility provides Mutual Aid System and supports partner facilities in the area in the event of a disaster or an emergency. Includes loan of medical personnel,pharmaceuticals, supplies, and equipment,or assistance with emergency hospital evacuation, including accepting transferred patients. Resolution 24-036 Page 8 24. The Applicant shall continue to provide 24-hour, on site health care services. These health care services shall be capable of providing emergency basic life support to the residents of the skilled nursing facility. 25. The Applicant shall continue to provide 24-hour campus security. 26. The Saratoga Retirement Community Emergency Disaster Plan shall be updated prior to occupancy, to reflect the new site conditions. The Plan shall be kept up to date and submitted to City staff after any changes. II. SITE DEVELOPMENT A. GENERAL 27. 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. 28. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans including the revised Building A Plans and the Alternative 3 —Applicants' Alternative Plans(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 City Code. 29. Prior to commencement of project activities, the Applicant shall provide a website that outlines construction activities, project construction updates and provides phone numbers of the person responsible to answer questions to residents. An emergency 24-hour phone number shall be included on the website. There shall be a point person on site at all times during construction activities. This website shall be updated from time to time to inform residents of upcoming project activities to the satisfaction of the Project Planner. 30. 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 City Code incorporated herein by this reference. B. COMMUNITY DEVELOPMENT DEPARTMENT 31. At the completion of the project and prior to final inspections the Applicant shall submit to the Project Planner a Project Compliance Report indicating how each of the conditions in of approval and mitigation measures were completed and the dates completed. 32. Design review approval shall expire twenty-four months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued for the improvements constituting the subject of the design review approval and construction thereof is commenced and prosecuted diligently toward completion,or a certificate of occupancy issued for such improvements. Design review approvals may be extended for a single period of time not Resolution 24-036 Page 9 exceeding twelve months. The application for extension shall be filed prior to the expiration date and shall be accompanied by the payment of a fee. A public hearing shall be conducted on the application for extension in accordance with City Code Section 15-46.050. 33. Building Colors shall follow approved color board submitted by Ankrom Moisan dated June 14, 2019. 34. A new Fire Department Emergency Access shall be constructed from Odd Fellows Drive to Chester Drive prior to commencement of any on-site construction activities. 35. Prior to issuance of Building Permits, the Applicant shall submit for staff approval a Lighting Plan for the exterior and landscaped areas. Proposed exterior lighting shall be limited to full-cut- off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 36. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the Applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 37. Prior to issuance of Building Permits,the Applicant shall prepare for review and approval by City staff a final Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling,etc.To the extent possible,any deliveries,earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 38. All fences,walls and hedges shall conform to height requirements provided in City Code Section 15-29. 39. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water 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 prolong exposure to water shall be specified. Resolution 24-036 Page 10 b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall 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. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required undergrounding of utilities shall take into account potential damage to roots of protected trees. 40. All landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 41. All proposed buildings shall have the building height certified by a surveyor prior to final inspection. 42. Construction Noise Mitigation Plan prepared by RCP Construction shall be implemented during all construction activities. 43. If a previously unknown well is encountered during project implementation, it shall be properly destroyed under a permit obtained from Valley Water or registered with Valley Water and protected from damage. 44. The Applicant shall identify a Project Manager responsible for ensuring that the Mitigation Monitoring and Reporting Program identified in the Final EIR are complied with. The Project manager shall coordinate mitigation monitoring with Community Development Staff prior to issuance of a Zoning Clearance, Building or Grading Permit or Final Inspection, as applicable. 45. Applicant's Alternative(Alternative#3)includes the elimination of Building B,construction of a new parking lot,the construction of Building D and construction of one new cottage located across W. Cottage Lane from the Fitness Center. The following conditions apply. a. A grading and drainage plan shall be submitted and approved by staff prior to submitting a building permit. b. The Santa Clara County Fire Department shall review and approve the drawings prior to submitting a building permit. c. The City Geologist shall review and approve the drawings prior to submitting a building permit. d. The City Arborist shall review and approve the drawings prior to submitting a building permit. e. There shall be new landscape screening planted along the entire property line of 14622 Granite Way. New landscape trees shall be 15 feet tall at time of planting and have a minimum mature height of 30 feet. The trees shall be placed close together so as to create Resolution 24-036 Page 11 a solid vegetative visual barrier between the properties. Tree species shall be approved by the City Arborist prior to building permit issuance. f. Dust control measures shall be implemented during all construction activities to protect neighboring properties from excessive dust. g. Any new lighting shall be shielded from adjacent properties. h. Tree #136 shall remain, and any new sidewalk shall be located a distance equal to the height of the tree from the base of the trunk. This distance shall be maintained as a fall zone due to the health of this tree. 46. The Applicant shall amend the arborist report prepared by David L. Babby dated May 27, 2021 to retain protected tree numbers 118, 119, 120, 121,and 122.The Applicant shall also retain trees 127 and 128 as shown on sheet CS-1.2,Tree Protection, Relocation and Removal Plan. 47. The applicant shall investigate additional locations for open space for recreational activities. C. FIRE DEPARTMENT 48. The Owner/Applicant shall comply with all Fire Department requirements. 49. Fire Sprinklers Required: (As noted on Sheet A1.05) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.19 whichever is the more restrictive. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1. In other than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code,an automatic sprinkler system shall be provided throughout all new buildings and structures. 50. Standpipes Required: (As noted on Sheet A1.05) Standpipe systems shall be provided in new buildings and structures where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. Standpipes shall be manual wet type. In buildings used for high-piled combustible storage, fire hose protection shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14 as amended in Chapter 47. CFC Sec. 905. 51. Water Supply Requirements: (As noted on Sheet Al.05)Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the Applicant and contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s)under consideration will not be granted by the Santa Clara County Fire Department until compliance with the requirements of the water purveyor of record are Resolution 24-036 Page 12 documented by that purveyor as having been met by the Applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 52. Public Fire Hydrant(s) Required: (As noted on Sheet A1.05) Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet,with a minimum single hydrant flow of 1,000 GPM at 20 psi,residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Section. 507,and Appendix B and associated Tables, and Appendix C. 53. Fire Department Connection: (As noted on Sheet A1.05) The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten(10)feet of the main PIV(unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half(2- 1/2") inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard]. There are two FDCs for Building 1,000, one to the north and one to the south. The FDC for Building 1,000 that is located to the north along Odd Fellows Drive, shall be relocated to the north of the 1,000 building(east off W. Cottages Lane toward the Entry Plaza)to comply with this section. 54. Timing of Installation: (As noted on Sheet A1.05) When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2 CFC Section.501.4. 55. Required Aerial Access: (As noted on Sheet A1.05) 1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet(9144 mm)in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet(4572) and a maximum of 30 feet(9144 mm) from the building and shall be positioned parallel to one entire side of the building, as approved by the fire code official. [CFC Chp.5 and SCCFD SD&S A-1]. Aerial access is required and provided for Building C on one long side,by way of Odd Fellows Drive. 56. Required Secondary Fire Department Access: (As noted on Sheet A1.05 and as approved separately in previous PC21-1678) Commercial and Industrial Developments 1. Buildings exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet(9144 mm) or three stories in height shall have at least two means of fire apparatus access for each structure. Resolution 24-036 Page 13 2. Buildings exceeding 62,000 square feet (5760 mm) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet(11520 mm)that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. Multi-Family Residential Developments (R-1 &R-2 occupancies) 1. Multi-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. CFC Sec. Clip. 5 as adopted and amended by CUPMC. The existing emergency vehicle access and gate between Chester and Odd Fellows Drive (just east of 14505 Chester) is noted to have appropriate Knox access. A new emergency vehicle access and gate between Chester and Odd Fellows Drive has been proposed and approved,just to the east of the existing. This access shall comply with surface, slope, approach, and departure angles, turning radii and vertical clearance and knox access. 57. Fire Alarm Requirements: (Ad noted on Sheet A1.05) Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. 58. Construction Site Fire Safety: (As noted on Sheet A1.05)All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp.33. 59. Address Identification: (As noted on Sheet A1.05)New and existing building shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches(101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 60. Two-way Communication System: (As noted on Sheet A1.05)Two-way communication systems shall be designed and installed in accordance with NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California Fire Code (2016 edition), the California Building Code (2016 edition), and the City ordinances where two-way system is being installed, policies, and standards. Other standards also contain design/installation criteria for specific life safety related equipment. These other standards are referred to in NFPA 72. 61. Emergency Radio Responder Coverage: (As noted on Sheet A1.05) Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. Refer to CFC Sec. 510 for further requirements. Emergency Radio Responder Coverage requirements apply to Building A. Resolution 24-036 Page 14 62. Entrance/exit must be 20' on both sides. (As noted on Sheet A1.05). 63. Ground ladder access: (Exception for Type 1B Construction as noted on Sheet A1.05) Ground- ladder rescue from the second floor sleeping rooms shall be made possible for fire department operations. With the climbing angle of seventy-five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. No longer required per CFC 1030.1 —Sprinklered Type 1 B Construction proposed. 64. Emergency Gate/Access Gate Requirements: (As noted on Sheet A1.05) Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access device. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. Contact www.knoxbox.com to order key switch for gate. CFC Sec. 503.6 and 506. 65. Proposed Emergency Vehicle Access (between Chester and Odd Fellows Drive), to include the approach and departure angles at both Chester Ave. and Odd Fellows Dr. is approved, subject to live fire apparatus testing at time of completion. Surface material for EVA will be gravel-fill TrueGrid with concrete ban borders, capable of supporting 75K pounds and subject to live field test approval and compliant with the SCCFD A-1 Standards as follows: a. Alternate paving material: Alternative paving materials such as "Grass Crete", turf block or similar type material may be used for emergency vehicle access (EVA) under certain conditions. The submittal shall include the design criteria based upon the imposed load of fire apparatus as identified in item 2, Access and Loading. The EVA shall: i. Be marked. The lane at the curb delineated with lights,bollards,paint,contrasting material, etc. ii. Be structurally sound to preclude movement or disbanding with soil movement. iii. Be field tested by the contractor in the presence of the fire code official Testing may include driving the EVA by a weight verified vehicle. Prior to final approval, the engineer of record(civil or soils engineer) shall certify the installation. iv. As aerial apparatus access to this site is required, an outside turning radii of 60 feet shall be provided in any direction from the proposed EVA. b. Gate Access: An automatic sliding gate is proposed at this location with Knox Key Switch access. D. ARBORIST 66. Owner, Architect, Contractor: It is the responsibility of the Owner, architect and contractor to be familiar with the information in this report and implement the required conditions. Resolution 24-036 Page 15 67. Permit: a. Receipt of a Planning or Building permit does not relieve Applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. b. No protected tree authorized for removal or encroachment pursuant to this project may be removed or encroached upon until the issuance of the applicable permit from the building division for the approved project. 68. Final Plan Sets: a. Shall include the tree information, protection recommendations, and the maps showing tree protection from the arborist report by David L. Babby dated May 27, 2021 copied onto a plan sheet. b. Shall include the Project Data in Brief and the Conditions of Approval sections of the City Arborist report dated May 16, 2022. 69. Tree Protection Security Deposit: a. Is required per City Ordinance 15-50.080. b. Shall be $128,500 for tree(s) 10,38-43, 67, 73, 101-108, 126, 129, 133 and 143. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. May be in the form of cash, check, or abond. e. Shall remain in place for the duration of construction of the project. f. May be released once the project has been completed, inspected and approved by the City Arborist. 70. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be shown on the Site Plan. c. Shall be established prior to the arrival of construction equipment or materials on site. d. Shall be comprised of six-foot high chain link fencing mounted on 2-inch diameter galvanized posts, driven into the ground and spaced no more than 10 feet apart. e. Shall be posted with signs saying "TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, CHRISTINA FUSCO (408) 868-1276". f. Wherever protection is needed outside of fences, unprocessed wood chips, or approved equivalent, shall be placed to the edge of the tree's canopy and to a depth of 6 inches. g. Call City Arborist, at (408) 868-1276 for an inspection of tree protection fencing once it has been installed. This is required prior to obtaining building division permits. h. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. 71. Construction: All construction activities shall be conducted outside tree protection fencing unless permitted as conditioned below. These activities include, but are not necessarily limited Resolution 24-036 Page 16 to, the following: demolition, grading, trenching for utility installation, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 72. Work inside fenced areas: a. Requires field meeting with City Arborist before performing work. b. Requires City Arborist approval prior to performing work. c. Requires Project Arborist on site to monitor work. 73. Project Arborist: a. Shall be David L. Babby, unless otherwise approved by the City Arborist. b. Shall visit the site every two weeks during grading,trenching or digging activities and every six weeks thereafter. c. Shall provide a letter/email to the City after each inspection. The letters/emails shall document the work performed around trees, include photos of the work in progress, and provide information on the condition of the trees during construction. d. Shall supervise any permitted pruning or root pruning of trees on site. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the Project Arborist. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. 74. Tree removal: a. Trees 1 -9, 11 -15, 17- 19,21, 23,24, b. 26, 31, 32, 24, 46, 48, 53, 72, 75, 79 -81, 89 - 100, 109 - 111, 115 - 122, 136 — 139, 141-142, 144, 148, and 149 meet the criteria for removal and may be removed once building division permits have been obtained. c. Replacement values for new trees are listed below. 15 gallon= $350 24-inch box= $500 36-inch box= $1,500 48-inch box= $5,000 60-inch box= 7,000 72-inch box=$15,000 d. Should any tree be damaged beyond repair,new trees shall be required to replace the tree. If there is insufficient room to plant the necessary number of new trees, some of the value for trees may be paid into the City's Tree Fund. 75. New trees: a. New trees equal to $214,640 shall be planted as part of the project before final inspection and occupancy of the new home. New trees may be of any species. b. Trees shall be replaced on or off site according to good forestry practices, and shall provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other significant beneficial characteristics of the removed trees. c. Replacement values for new trees are listed below. 15 gallon= $350 24-inch box= $500 36-inch box=$1,500 48-inch box= $5,000 60-inch box= 7,000 72-inch box=$15,000 d. The rest of the replacement trees may be planted anywhere on the property as long as they do not encroach on retained trees. Resolution 24-036 Page 17 76. Damage to protected trees that will be retained: a. Should any protected tree be damaged beyond repair, new trees shall be required to replace the tree. If there is insufficient room to plant the necessary number of new trees, some of the value for trees may be paid into the City's Tree Fund. Replacement values for new trees are listed below. 15 gallon = $350 24-inch box= $500 36-inch box= $$1,500 48-inch box = $5,000 60-inch box= 7,000 72-inch box=$15,000 b. Water loving plants and lawns are not permitted under oak tree canopies. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 77. Final inspection: a. At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the City, call City Arborist for a final inspection. b. Before scheduling a final inspection from the City Arborist, have the project arborist do an inspection, prepare a letter with their findings and provide that letter to the City for the project file. E. ENGINEERING 78. The Owner/Applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 79. Owner/Applicant shall submit a lot merger application to merge three parcels (APN's 397-12- 012, 397-12-019 and 397-40-006) prior to submittal for building permits for the project. 80. Owner/Applicant shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including all new utilities prior to commencement of the work to implement this Design Review. 81. Owner/Applicant shall submit to the Public Works Director verification that they have recorded reciprocal vehicular ingress/egress easements to modify the existing private right of way serving Fellowship Plaza. The document shall be recorded prior to building permit issuance. 82. The Owner/Applicant shall enter into a Trail Improvement Agreement with the City of Saratoga prior to issuance of Building Permit. Resolution 24-036 Page 18 83. The Owner/Applicant shall record a deed restriction, satisfactory to the Public Works Department, dedicating a trail easement to the City of Saratoga that follows the proposed trail alignment as depicted on plan sheet A1.10 of the design plans. A legal description and plat plan or a verbal trail description shall be prepared for the trail easement dedication and submitted to the City Public Works Department for review and approval. The width and exact location of the trail easement is subject to approval by the Public Works Department. This Trail Easement shall be recorded on the deed prior to issuance of Zoning Clearance for a Building Permit. 84. The Owner/Applicant shall ensure that there is no fence, hedge, retaining wall, entryway element,pilaster,gate,or other similar element located near the proposed driveways that would block a driver's sight distance per Table 201.1 in the Highway Design Manual. 85. Stop signs shall be installed for exiting vehicles at all new intersections, and a drop-off area be maintained in front of the manor building. 86. A sign indicating one-way travel shall be installed at the driveway on Pavilion Circle. Owner/Applicant shall clearly communicate with delivery vehicles that delivery trucks are to park in designated areas only. 87. Damages to driveway approach, curb and gutter, public streets, or other public improvements during construction shall be repaired prior to final inspection. 88. All new/upgraded utilities shall be installed underground. 89. Owner/Applicant shall maintain the streets, sidewalks and other right of way as well as adjacent properties, both public and private, in a clean, safe and usable condition. All spills of soil, rock or construction debris shall be removed immediately. 90. The Owner/Applicant shall incorporate adequate source control measures to limit pollutant generation, discharge, and runoff (e.g. landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers, and incorporates appropriate sustainable landscaping practices and programs, such as Bay- Friendly Landscaping). 91. All building and construction related activities shall adhere to New Development and Construction — Best Management Practices as adopted by the City for the purpose of preventing storm water pollution: • Owner/Applicant shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. • The City requires the construction sites to maintain year-round effective erosion control,run- on and run-off control, sediment control, good site management, and non-storm water management through all phases of construction (including, but not limited to, site grading, building,and finishing of lots)until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. Resolution 24-036 Page 19 • City will conduct inspections to determine compliance and determine the effectiveness of the BMPs in preventing the discharge of construction pollutants into the storm drain. Owner shall be required to timely correct all actual and potential discharges observed. 92. Prior to the commencement of any earthwork/grading activities, the permittee shall arrange a pre-construction meeting. The meeting shall include the City of Saratoga Grading Inspector (408-868-1201), the grading contractor, and the project Soils Engineer. The permittee or representative shall arrange the pre-construction meeting at least 48 hours prior to the start of any earthwork activities. 93. Prior to the commencement of site grading the new fire access driveway connecting Odd Fellows Drive and Chester Avenue shall be constructed. 94. Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans. 95. Prior to the Building final, all Public Works conditions shall be completed per approved plans. 96. Upon the completion of this project the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and verified by the City's building inspector to be properly elevated. Such certification and verification shall be provided to the City's Floodplain Administrator. 97. Upon completion of the rough grading work and at the final completion of the project the final grading reports shall be submitted to the City per Section 16-17.150 of the City Code. 98. A long-term Operations and Maintenance (O&M)Agreement and Plan for this project shall be required to be submitted for third party review, approved by the city and recorded prior to project competition. 99. Prior to beginning of construction,the Owner/Applicant shall file a Notice of Intent(NOI)with Regional Water Quality Control Board, if required,to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City. The Applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Strom Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City prior to beginning of construction and maintained on site at all times during construction. 100. Hydromodification Stormwater. The project shall retain and/or detain any increase in design flow from the site, that is created by future construction and grading, such that adjacent down slope properties will not be negatively impacted by any increase in flow. The project will be reviewed in accordance with the most recent and up to date NPDES Standards which are jointly administered by CDD and DPW. 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 Resolution 24-036 Page 20 "NPDES Permit Standards"). Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project, a Stormwater Management Plan shall be submitted to the Community Development Director for review and approval demonstrating how all storm water will be retained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be retained on-site due to topographic, soils or other constraints, and if complete retention is not otherwise required by the NPDES Permit Standards,the Project shall be designed to retain 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. F. BUILDING DEPARTMENT 101.Complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City 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. b. Arborist Report dated May 27,2021 printed onto a separate plan page; and c. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. d. This signed and dated Resolution printed onto separate construction plan pages. 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. Resolution 24-036 Page 21 Exhibit A All references to Exhibit A refer to all three (3) plans listed below. 1. Project Plans prepared by Ankrom Moisan dated 04-05-2022 2. Revision to Building A plans prepared by Ankrom Moisan dated 09-20-2023 3. 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