Loading...
HomeMy WebLinkAboutSaint Archangel Michael Serbian Orthodox ChurchIPM.Note Saint Archangel Michael Serbian Orthodox Church Dave Anderson Christopher Riordan Dave Anderson EX /O=CITY OF SARATOGA/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=CRIORDAN Saint Archangel Michael Serbian Orthodox Church EX /O=CITY OF SARATOGA/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=DAVE EX /O=CITY OF SARATOGA/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=DAVE Christopher Riordan EX /O=CITY OF SARATOGA/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=CRIORDAN 'kpowell@loganpowell.com'; 'squigley@loganpowell.com'; 'Houston, Jolie'; 'rtaylor@smwlaw.com'; City Clerk; Dave Anderson; John Livingstone; 'Jonathan Wittwer'; 'jskopf@aol.com'; 'Rhonda Huff' DL - Council Saint Archangel Michael Serbian Orthodox Church 00000002IT-XSRV/o=City of Saratoga/ou=First Administrative Group/cn=Recipients/cn=criordanMicrosoft Exchange 00000002IT-XSRV/o=City of Saratoga/ou=First Administrative Group/cn=Recipients/cn=criordanMicrosoft Exchange Council Members, Attached is a revised resolution for tonight’s City Council meeting regarding the appeal of the Saint Archangel Michael Serbian Orthodox Church (Attachment #2 of the Staff Report). Also attached is a five page email from Rhonda Huff, dated June 30, 2008 (Attachment #3 of the Staff Report). Pages 3-5 of this email were inadvertently omitted from the packet. Thank you and please let me know if you have any questions. Very Respectfully, Chris Riordan <BB0DAFF513C2D446B46340E9D5289F2BA6CCD0@it-xsrv.saratoga.ca.us> Saint Archangel Michael Serbian Orthodox Church.EML Christopher Riordan Christopher Riordan Email from Rhonda Huff Microsoft Exchange 00000002IT-XSRV/o=City of Saratoga/ou=First Administrative Group/cn=Recipients/cn=criordan 12.0 DL - Council EX /O=CITY OF SARATOGA/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=DL-Council DL-Council@saratoga.ca.us Council DL - Council DL - Council 'kpowell@loganpowell.com' SMTP kpowell@loganpowell.com kpowell@loganpowell.com 'kpowell@loganpowell.com' kpowell@loganpowell.com kpowell@loganpowell.com 'squigley@loganpowell.com' SMTP squigley@loganpowell.com squigley@loganpowell.com 'squigley@loganpowell.com' squigley@loganpowell.com squigley@loganpowell.com 'Houston, Jolie' SMTP Jolie.Houston@berliner.com Houston, Jolie 'Houston, Jolie' Houston, Jolie Jolie.Houston@berliner.com 'rtaylor@smwlaw.com' SMTP rtaylor@smwlaw.com rtaylor@smwlaw.com 'rtaylor@smwlaw.com' rtaylor@smwlaw.com rtaylor@smwlaw.com City Clerk EX /O=CITY OF SARATOGA/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=Cboyer ctclerk@saratoga.ca.us cboyer City Clerk City Clerk ctclerk@saratoga.ca.us Dave Anderson EX /O=CITY OF SARATOGA/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=Dave davea@saratoga.ca.us davea Dave Anderson Dave Anderson davea@saratoga.ca.us John Livingstone EX /O=CITY OF SARATOGA/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=Jlivingstone johnl@saratoga.ca.us John L. John Livingstone John Livingstone johnl@saratoga.ca.us 'Jonathan Wittwer' SMTP jonathan@wittwerparkin.com Jonathan Wittwer 'Jonathan Wittwer' Jonathan Wittwer jonathan@wittwerparkin.com 'jskopf@aol.com' SMTP jskopf@aol.com jskopf@aol.com 'jskopf@aol.com' jskopf@aol.com 'Rhonda Huff' SMTP rhonda.huff@comcast.net 'Rhonda Huff' 'Rhonda Huff' 'Rhonda Huff' rhonda.huff@comcast.net Email from Rhonda Huff.pdf .pdf EMAILF~1.PDF Email from Rhonda Huff.pdf City Council Resolution Approving App 03-259 -Final Revised Version-91708.doc APPROVAL OF RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL AND APPROVING APPLICATION #03-259 FOR THE CONSTRUCTION OF A NEW CHURCH BUILDING FOR SAINT ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH Saint Archangel Michael Serbian Orthodox Church 18870 Allendale Avenue WHEREAS, on June 25, 2008, the City of Saratoga Planning Commission approved application #03-259 for Design Review, modification of a Conditional Use Permit, and a request for Variation from Standards (increased structure height, increased site coverage, and a reduction in the required number of off-street parking spaces) for the construction of a new Church building for Saint Archangel Michael Serbian Orthodox Church in the R-1-40,000 zone district. The square footage of the new construction is approximately 3,994 square feet and the maximum height of the building will not exceed approximately 50 feet (referred to hereinafter as the "Project"); and WHEREAS, on July 9, 2008, an appeal was filed of the Planning Commission’s approval of application 03-259; and WHEREAS, on September 17, 2008 the City Council duly held a public hearing to consider application #03-259 at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council has considered application #03-259 de novo and duly considered all testimony and other evidence submitted in connection therewith; and WHEREAS, An Initial Study and a proposed Mitigated Negative Declaration were prepared for this project pursuant to the California Environmental Quality Act (CEQA) section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration). The Notice of Intent to Adopt a Mitigated Negative Declaration was circulated for a 30-day public comment period from March 25 – April 25, 2008. The Mitigated Negative Declaration has been duly adopted for the Project by the City Council on September 17, 2008; and WHEREAS, City Code Section 15-55.030 states that a conditional use may be permitted by a use permit to have a different site area, density, structure height, distance between structures, site coverage, setback minimums, and off-street parking and loading requirements, other than those listed under the specific regulations for unconditional permitted uses in the zoning district in which it lies. The Project will have increased structure height, increased site coverage, and a reduction in the required number of off street parking spaces in comparison with standards normally applied in the R-1-40,000 zone district; and WHEREAS, application #03-259 is consistent with the General Plan, including the following policies: Land Use Element Policy LU 5.2 – Development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the proposed use have limited adverse impact on the area and can be fully mitigated. The Project included the preparation of an Initial Study and MND that evaluated the Project’s impacts on traffic, noise, light, appearance, and intensity and includes recommendations and conditions of approval to reduce Project related impacts to a level which is less than significant. The Project has also been reviewed by the Planning Commission and the Commission has found that the Project is compatible with the design criteria contained in Saratoga City Code Section 15-46.040. By Resolution No. 07-067, on September 19, 2007 the City Council reviewed the impacts of the Church’s use of the site and combined all prior Use Permits (Use Permits 29 and 147) into one superseding modified Use Permit and imposed new conditions including a condition that any intensification of the Church’s use beyond that in existence on September 19, 2007 shall require an amended Conditional Use Permit. Resolution No. 07-067 also imposed a condition requiring that the Church comply with Article 7-30 of the City Code governing Noise Control and imposed conditions limiting the hours during which activities and events may be conducted. Land Use Element Policy 5.4 –Through the development review process; ensure that adjoining neighborhoods are protected from noise, light, glare and other impacts resulting from new or expanded non-residential development. The Project has been subject to the development review process. Conditions of approval have been added to the Project to ensure that adjoining neighborhoods are adequately protected. Land Use Element Policy LU 6.2 – Development proposals shall incorporate stormwater quality features, including but not limited to grassy bio-swales, to protect surface and subsurface water quality. The Project will include stormwater quality features such as bio-swales, permeable paving, drywells, detention/retention ponds, as well as directing stormwater towards landscaped areas. Land Use Element Goal 13 – The City shall use the design review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings. The Project is subject to the Design Review Approval process before the Planning Commission and a Staff Report has been prepared recommending conditions of approval to assure the Project’s compatibility with the site and the adjacent surroundings. Land Use Element Background Report Page 14 – No structures in Saratoga shall be over two stories in height. The Project is designed to contain no more than two stories and the City Council hereby determines that this Project complies with the limitation on the number of stories contained in this Land Use Element provision, and further, that height limitations defined in terms of feet above grade are a different matter which may be the subject of a variation from standards under the City Zoning Ordinance Use Permit procedure. Land Use Element Policy LU 2.5 – The City shall monitor Zoning Ordinance standards to ensure that non-residential parking standards are adequate to minimize spill-over of parking into adjacent neighborhoods. This provision is intended to apply to commercial and office uses and not to community facility uses such as a Church which the Zoning Ordinance allows in residential neighborhoods. This can be seen from the overall Goal LU 2 which Policy LU 2.5 is intended to serve. That Goal is to “[e]ncourage the economic viability of Saratoga’s commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas.” The City Council hereby determines that this Project is not inconsistent with Policy LU 2.5. WHEREAS, application #03-259 has met the burden of proof as to findings required to support approval of said application for Design Review Approval: Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-46.040: 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. This Project does not involve the construction of more than one building or structure. This finding may be made in the affirmative in that the new Church building would possess design elements that would be compatible and harmonious with the other existing buildings on the Project site, including the chapel/classroom and the Fellowship Hall. Both of these existing buildings feature stucco and stone exterior finishes and accents which are included in the new building. The hipped and articulated roof style of the new Church would more closely reflect the roofing styles of the residential neighborhood. Where more than one sign will be erected or displayed on the site, the sign shall have a common or compatible design theme and locational positions and shall be harmonious in appearance. No more than one sign will be erected or displayed on the site. This finding may be made in the affirmative in that a single sign is proposed for the Project at the driveway entrance to the site. The conceptual design for this sign would be compatible with the style and design of the new building. 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. This finding can be made in the affirmative in that all healthy mature landscaping on the site would be maintained as part of the Project. No healthy protected trees are proposed for removal. None of the new landscaping will be placed in rows nor regularly spaced and instead will be planted in natural, organic patterns. The applicant will be adding thirty new 24-inch box trees to the site. The Project will make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible. Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective This finding may be made in the affirmative in that the walls and roofing materials are nonreflective and natural in color which will enable it to blend with the natural landscape and environment. The building’s size and height precludes the screening of the building by landscaping. Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. This finding may be made in the affirmative in that the roofing material is proposed to be reddish-brown colored slate roof tiles and no mechanical equipment is proposed to be installed on the roof. The proposed development shall be compatible in terms of height, bulk, and design with other structures in the immediate area. This finding may be made in the affirmative in that the height and style of the proposed Church would be in keeping with other similar developments in the area. Bulk would be reduced by the use of varying roof lines, pitches, natural colors and materials, and a mix of both horizontal and vertical features. To increase the project’s architectural compatibility with structures in the immediate area, the proposed bulk, size, height, site orientation, and exterior finishes would be in keeping with other developments including other nearby churches and the buildings on the West Valley Junior College campus. The classic design elements of the proposed new Church building also complement other types of buildings in the City. Whereas, the applicant has met the burden of proof required to support the findings required for said application to be issued approval for modification to a Conditional Use Permit, including variation from standards pursuant to City Code Section 15-55.030 by approval of a use permit to have different structure height, site coverage, and number of off-street parking spaces, other than as listed under the specific regulations for unconditional permitted uses in the zoning district in which it lies (in this case increased structure height, increased site coverage, and a reduction in the required number of off-street parking spaces) as set forth following: 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. This finding may be made in the affirmative in that staff finds that the construction of a new Church building on the site will not adversely affect or intensify the existing use of the site as a religious institution and that the Project is both consistent with the purposes of the R-1-40,000 zone district and the zoning ordinance in that the Project, as conditioned, is in accord with the objectives of the zoning ordinance as a specified conditional use in the zone district and provides adequate light, air, and privacy for surrounding single-family dwellings and provides space for religious facilities needed to complement residential areas and for religious institutions, which are most appropriate in a residential environment. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding may be made in the affirmative in that staff finds that an Initial Study and Mitigated Negative Declaration has been prepared for the Project which evaluated the Project’s impacts on the environment and that adequate mitigations have been incorporated into the Project and the conditions of approval that will assure that there are no impacts which rise to a level of significant and that Project has been designed to reduce mass and bulk, minimize noise, protect views and privacy of adjacent single-family residences, and otherwise prevent detriment to the public health, safety and welfare and avoid consequences materially injurious to properties or improvements in the vicinity. That the proposed conditional use will comply with each of the applicable provisions of this Chapter. This finding may be made in the affirmative in that staff finds that the City has given careful consideration to the Project’s effects on surrounding properties and has imposed reasonable conditions of approval to assure compliance with Chapter 15 – Zoning Regulations. (d) That 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. This finding may be made in the affirmative in that the Project site has been used as a church since the late 1950’s, and the new building will not result in additional or intensified uses on the site. Furthermore, an Initial Study and Mitigated Negative Declaration have been prepared for the Project. This document evaluated the Project’s aesthetic, privacy, traffic, and noise impacts on the surrounding properties and has been determined that the Project would not have an adverse effect on existing or anticipated uses in the immediate neighborhood or surrounding properties or the occupants thereof. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits and materials submitted in connection with this matter and the Mitigated Negative Declaration as adopted, the required findings are hereby made for the applications for Design Review Approval and modification to the Conditional Use Permit as well as a use permit for the Variations from Standards and the same are hereby determined to be in compliance with City regulations and/or approved for variations therefrom so as to have an increased structure height, increased site coverage, and a reduction in the required number of off street parking spaces normally allowed in the R-1-40,000 zone district. The Design Review Approval, modification to Conditional Use Permit, and use permit for Variations from Standards are hereby granted subject to the following conditions, and said conditions hereby modify the Conditional Use Permit approved for the Project site by City Council Resolution 07-067, and these conditions are hereby combined and incorporated by reference and made a part thereof: PERMANENT CONDITONS OF APPROVAL – Prior to building permit issuance the applicant shall develop a traffic and parking management plan for Christmas Eve, Easter, and other special events subject to review and approval by the Community Development Director. The plan shall describe methods for parking the vehicles generated by the special events. These methods shall meet the following standard: the traffic and parking impact shall not exceed the impact which would occur if there were completely filled Church parking by use attendees and all other attendees made use an off-site parking location with a bus to shuttle attendees to the Church. “Completely filled Church parking” shall be deemed to allow use attendances during special events up to 277 people (based on an average of 2.2 persons per vehicle x 126 parking spaces). Other measures meeting this standard and approved by the City’s Community Development Director shall also be allowed in the plan. The plan shall also be subject to review and approval by the Santa Clara County Sheriff’s Office prior to building permit issuance. The Church buildings, including the existing and new Church building, shall not include exterior operable bells of any kind or any other type of mechanical, electrical or other device that emits a ringing sound to the exterior. OTHER CONDITIONS OF APPROVAL – COMMUNITY DEVELOPMENT The development and use shall be located and constructed as shown on Exhibit "A" date stamped May 29, 2008 (hereby incorporated by reference). All changes to said approved plans must be submitted in writing with plans showing the changes and are subject to the Community Development Director’s and/or Planning Commission’s prior approval as determined appropriate under City regulations. The parking and driveway area shall be constructed of pervious paving. All activities on the site shall be those that are incidental to the use of the site as a religious facility and shall comply with all conditions in Resolution 07-067. The Project shall utilize materials illustrated on a materials board dated June 12, 2008 and on file with the City. Prior to the new Church building’s occupancy, the Fellowship Hall and current chapel shall be painted a color similar to the new Church building subject to the prior approval of the Community Development Director. The following notes shall be incorporated on the grading and building plans prior to issuance of grading or building permits, and the measures shall be implemented during construction activities: Water all active construction and disturbed areas at least twice daily during dry periods Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. Pave, apply water three times daily, or apply nontoxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction site. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at constructions sites. Dust, sediment, or debris shall not be washed into the storm drain system. Excavation and grading activities shall be suspended and dust control measures shall be implemented when winds exceed 25 mph. Prior to building permit issuance, the applicant shall incorporate via a note on the first page of the construction plans, a requirement that should cultural resources be encountered during site grading or other site work, such work shall immediately be halted in the area of discovery and the applicant shall immediately notify the Community Development Director of the discovery. The applicant shall be required to promptly retain the services of a qualified archeologist for the purpose of recording, protecting, analyzing, and curating the discovery as determined by the archaeologist and Community Development Director to be appropriate and adequate mitigation. The cost of the qualified archaeologist and of any recording, protecting, or curating shall be borne solely by the applicant. The archaeologist shall be required to submit a Cultural Resources Management Plan, per City Requirements, to the Community Development Director and subject to his/her review and approval that outlines the findings and mitigation methods of curation and/or protection of the resources. No further grading or site work within the area of discovery shall be allowed until the preceding has occurred. Disposition of Native American remains shall comply with CEQA Guidelines Section 15064.5(e). The note on the plans shall be subject to review and approval by the Community Development Department. Prior to building permit issuance, the applicant shall submit plans subject to review and approval by the Building Department. These plans shall demonstrate to the City Building Official that the Project will comply with all City Building regulations as set forth or adopted by reference in Chapter 16 of the City Code. During all phases of construction, the applicant shall install and maintain temporary safety fencing to restrict or prevent public access to active on-site construction activities, materials, or chemicals. The following construction noise control measures shall be implemented by the applicant in order to limit the amount of noise generated during the construction period. Limit construction to the daytime hours between 7:30 am to 6:00 pm Monday through Friday, and 9:00 am to 5:00 pm on Saturday, with no construction activities allowed on Sundays or holidays per Section 7-30.060 of the Saratoga City Code. Construction activities or equipment shall not generate noise levels exceeding 83 dBA at any point 25 feet from the source of noise per Section 7-30.060 of the Saratoga City Code. Utilize “quiet” models of air compressors and other stationary noise sources where such technology is reasonably available as determined by the Community Development Director. Prohibit unnecessary idling of internal combustion engines. Equip all internal combustion engine equipment with intake an exhaust mufflers that are in good condition and appropriate for the equipment. Locate stationary noise generating equipment as far as possible from noise sensitive receptors. Designate a noise disturbance coordinator who will be responsible for responding to any local complaints about construction noise. The applicant’s designated noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, or other cause) and institute reasonable measures warranted to correct the problem. Conspicuously post a telephone number for the noise disturbance coordinator at the construction site. All building interior lighting shall be on a timer or motion detector to ensure that the lights do not remain on during the evening when the building is not in use. A soils report for the Project site shall be prepared prior to the application for a building permit. This report shall be submitted to the Building Official and the City’s Geotechnical Engineer Consultant at the time of building permit application. All new construction shall comply with the provisions of the geotechnical report (which shall be subject to prior review and approval by the City’s Geotechnical Engineer Consultant) and with the provisions of the most current City Building regulations, including (without limitation) the portions of which are directed at minimizing seismic risk and preventing loss of life and property in the event of an earthquake. 14. So as to limit short term soil erosion and increased sediment, all conditions of the City-approved grading and drainage permit shall be implemented. All conditions of the grading and drainage permit as required by the Public Works Department shall be met. A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on-site to the maximum extent reasonably feasible, and incorporating the New Development and Construction - Best Management Practices. The applicant shall adhere to all provisions of the Mitigation Monitoring Plan. The following shall be required and/or included as to the plans submitted to the Building Division for the building plan check review process: Four (4) sets of complete construction plans incorporating this Resolution and the approved Mitigation Monitoring Plan as separate plan pages. The following note shall be included verifying building setback: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are in compliance with approved plans.” Staff shall not approve downgrading to the exterior appearance of the approved Project. Downgrades may include, but are not limited to architectural detailing, stonework, columns, shutters, driveway materials, or similar items. Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by staff, shall require a Zoning Clearance issued by the Community Development Director with payment of appropriate fees. The landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. 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. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape areas. 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. Existing native trees, shrubs, and ground cover, if applicable, shall be retained and incorporated into the landscape plan to the maximum extent possible. All processing fees, in the form of deposit accounts on file with the Community Development Department, shall be reconciled with a minimum $500.00 surplus balance at all times. In the event that the balance is less than $500.00, all staff work on the Project shall cease until the balance is restored to a minimum $500.00. The provisions of this Resolution shall be incorporated into Resolution No. 07-067 so as to place all conditions of approval in one document. Prior to building permit issuance, the applicant shall submit a final exterior lighting plan that complies with Section 15-35.040(i) of the Zoning Ordinance. Specifically, the plan shall indicate that no exterior lighting fixtures shall allow direct light rays to leave the project site, or allow direct light sources (incandescent, fluorescent, or other forms of electric illumination) to be directly visible from off-site locations. The plan shall also show that light levels will not exceed 100 foot lamberts anywhere on the property. The plan shall be subject to review and approval by the Planning Division prior to building permit issuance. CITY ARBORIST All recommendations contained in the City Arborist Reports dated March 9, 2006 and May 25, 2006, shall be followed. Tree protective measures, as specified by the City Arborist, shall be installed and inspected by the City Arborist prior to issuance of City Permits. Prior to issuance of any City Permits authorized by this Resolution, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to $95,150 to guarantee the maintenance and preservation of trees. The City Arborist shall inspect the site to verify compliance with required tree protective measures. The security shall be released after the planting of any required replacement trees, a favorable site inspection by the City Arborist, and payment of any outstanding City Arborist fees. Prior to removal or pruning of any native tree species with a diameter of six inches or greater measured at breast height, or for any tree species with a diameter of 10 inches or greater measured at breast height, the applicant shall obtain a tree removal or pruning permit from the City of Saratoga and comply with any conditions imposed by the tree removal or pruning permit. Such conditions shall include replacement of such tree(s) with replacement tree(s) of equal value to the trees to be removed. The applicant shall comply with all recommendations in the City Arborist’s Report that was prepared for the Project. FIRE DISTRICT Applicant shall comply with all Saratoga Fire District requirements and conditions. PUBLIC WORKS The owner/applicant shall install concrete sidewalk along the property frontage. Sidewalk design and setback from the roadway shall match existing sidewalk along Allendale Avenue at Camino Barco. Plans and specifications for the sidewalk and driveway approach shall be submitted to the Public Works Department for prior approval. The owner shall landscape area between the sidewalk and Allendale Avenue. An Irrigation system shall be installed if determined necessary by the Public Works Director. The landscaped area shall be maintained in perpetuity by the applicant or its successor(s). A Landscape Maintenance Agreement satisfactory to the Public Works Director for the maintenance of the landscaped area per the condition above shall be recorded with the County Recorder’s Office. An Encroachment Permit issued by the Public Works Department is required for the new sidewalk, new driveway approach, landscaping, and other improvements in any portion of the public right-of-way or of a public easement. The Encroachment Permit shall be obtained prior to commencement of the improvements. The applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit. The applicant shall use and maintain Best Management Practices (BMP’s) for site design and storm water treatment. Certification of engineered stormwater treatment by a qualified person shall be required to confirm that the plan meets the criteria established in Provision C.3 prior to issuance of building permits. Post-construction operation and maintenance of storm water treatment BMP’s shall be the responsibility of the owner. A Maintenance Agreement between the City and the applicant satisfactory to the Public Works Director shall be recorded prior to final occupancy approval. Prior to beginning of construction, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board to obtain coverage under and be subject to 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 Storm 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. CITY ATTORNEY The Church shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively “City) from any and all costs and expenses, including but not limited to attorney’s fees, incurred by the City or held to be the liability of City in connection with City’s defense in any proceeding brought in State or Federal Court, challenging the City’s action with respect to this Permit or contesting any action or inaction in the City’s processing and/or approval of this Permit. Section 2. A Building Permit shall be obtained and construction commenced within 36 months from the date of adoption of this Resolution or the approval granted thereby will expire. Section 3. The uses by the Church shall maintain compliance with all applicable requirements of the State, County, City and other Governmental entities having jurisdiction. Section 4. All applicable requirements of the State, County, City and other Governmental entities must be met with regard to the construction authorized by this Resolution. PASSED AND ADOPTED by the City of Saratoga City Council, State of California, on the 17th day of September 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith Mayor ATTEST: ____________________________________ Ann Sullivan Acting City Clerk This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions. __________________________________ _________________________ Property Owner or Authorized Agent Date Page 11 of 11 .doc CITYCO~1.DOC City Council Resolution Approving App 03-259 -Final Revised Version-91708.doc