HomeMy WebLinkAboutCity Council Resolution 96-11.3 RESOLUTION NO. 96-11.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING
CONDITIONAL USE PERMIT AND DESIGN REVIEW
INDEPENDENT ORDER OF ODD FELLOWS; 14500 FRUITVALE AVE.
WHEREAS, the City of Saratoga City Council has received an
application for Use Permit approval to allow the expansion of an
"institutional" type of land use within a residential zoning
district. A Design Review application has also been received for
the structures themselves pursuant to Exhibit "A", incorporated
by reference; and
WHEREAS, an Environmental Impact Report has been prepared
for this project and has been certified by the City Council and
the mitigation measures identified in the EIR have been
incorporated into this approval Resolution; and
WHEREAS, this Resolution constitutes, and shall be used as,
a Mitigation Monitoring Program in compliance with Public
Resources Code Section 21081.6, and identifies herein, the
mitigation measures, the monitoring and reporting procedures for
each measure; and has been designed to fit into the City's
existing entitlement and project review process; and
WHEREAS, on February 21, 1996, the City Council conducted a
duly noticed public hearing on the Use Permit and Design Review
requests at which time all interested parties were given a full
opportunity to be heard and to present evidence; and
WHEREAS, the Planning Commission held duly noticed public
hearings on the Use Permit and Design Review requests on December
13th, 1995 and January 24th and February 14th, 1996 at which time
all interested parties were given a full opportunity to be heard
and to present evidence; and
WHEREAS, the Planning Commission is recommending that the
City of Saratoga enter into a Development Agreement with Odd
Fellows to assure that upon approval of the project they may
proceed with the project in accordance with existing rules and
regulations. In exchange, the City of Saratoga will receive
assurance that the duplex cottages component of Phase II on the
10.6 acres subject to the General Plan Text amendment will be
built. The Development Agreement also provides for unrestricted
access to the senior home for Saratoga seniors and additional
off-site drainage improvements; and
WHEREAS, the applicants have met the burden of proof
required to support the Use Permit application, and the following
Use Permit findings have been determined pursuant to Article 15-
55 of the City Code:
- That the proposed senior care and living facility
expansion is in accord with the objectives of the Zoning
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Ordinance and the purposes of the district in which the site is
located in that senior care facilities are a conditionally
permitted use in all of Saratoga's residential zoning districts.
- That the proposed senior care and living facility
expansion 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 in that appropriate conditions have been placed
on the project to minimize potential impacts.
- That the proposed senior care and living facility
expansion will comply with each of the applicable provisions of
the Zoning Ordinance.
WHEREAS, the applicant has met the burden of proof required
to support the Design Review application, and the following
Design Review findings have been made pursuant to Article 15-46
of the City Code:
- The multiple structures proposed will be harmonious in
terms of architectural features and landscaping in that:
· The current facility is a collection of architecturally
independent structures built over a span of roughly 80
years. The applicants' proposal provides a unifying
architectural theme which will help to visually tie the
structures together.
· The five duplex cottages proposed along the top of the hill
of the 10.6 acre parcel have been relocated off this wooded
hilltop. This modification reduced the amount of tree
removal and grading necessary and protected an important
viewshed.
· The secondary emergency access road leading up to Crisp Ave.
has been eliminated This road would have required a large
amount of earth fill to access Crisp Ave.
· The roadway/cottages plan along the northeast access road
have been reversed so that the cottages back up to the
existing homes to the west versus having the roadway abut
these residences.
· The natural vegetation is being preserved, and the
structures are integrated with the natural topography.
- The proposed "Mediterranean" style of buildings are
compatible in terms of height, bulk and design with the
surrounding single family homes in the immediate area. In
addition, the location and design of the structures should
minimize any interference with neighbors' views or privacy and
minimize any interference with neighbors' light, air or solar
accessibility.
- Landscaping is clustered in natural appearing groups, as
opposed to being placed in rows or regularly spaced.
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- Colors of wall and roofing materials as proposed,
pursuant to the approved material board incorporated by
reference, will blend with the natural landscape and be
nonreflective.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Saratoga as follows:
Section 1. After careful consideration of the site plan,
architectural drawings and other exhibits submitted in connection
with this matter, the application of the Independent Order of Odd
Fellows for conditional Use Permit and Design Review approval is
hereby approved subject to the following conditions:
COMMUNITY DEVELOPMENT DEPARTMENT
1. The development shall be located and constructed as shown on
Exhibit "A", incorporated by reference.
2. Prior to submittal for Grading or Building Permits, the
following shall be submitted to Community Development
Department staff in order to issue a Zoning Clearance:
a. Four (4) sets of complete construction plans
incorporating this Resolution as a separate plan page
and one (1) set of engineered grading and drainage
plans, also incorporating this Resolution as a separate
plan page.
c. All applicable requirements/conditions of the
Resolution and requirements/conditions of the City
Arborist (e.g. tree protective fencing) shall be noted
on the plans.
d. Any outstanding fees associated with the City
Geotechnical Consultant's and/or the City Arborist's
review of the project shall be paid.
e. A revised Site Plan/Schematic Landscape plan shall be
submitted extending the Open Space Easement across the
entire length, and along both sides/banks, of the upper
drainage area and lower riparian habitat area. This
easement shall be recorded prior to issuance of any
building or grading permits.
f. The applicants shall submit to the Public Works
Director verification that they have performed a good-
faith effort to acquire and record reciprocal vehicular
ingress/egress easements in order to join the two
private parallel roadways (the Odd Fellows' access road
and San Marcos Rd.). If the easement can be obtained,
an improvement plan shall be prepared and reviewed by
Saratoga's Public Works director merging the two
roadways into a single shared road to a point
approximately 100 ft. from their intersection with
Fruitvale Ave. If and when the City requests it, the
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applicants shall make an irrevocable offer of
dedication to the City of a portion of the Odd Fellows
access road, for public right of way purposes. The
Director of Public Works shall determine the specific
location and dimensions of the property to be
dedicated, provided it shall generally encompass that
portion of the road from its intersection with
Fruitvale Avenue to a point approximately 100 feet
easterly of that intersection. Additionally prior to
issuance of a certificate of occupancy, applicants
shall execute a recordable document to be recorded with
the Santa Clara County Recorder, waiving all rights the
applicants may have to object to future inclusion of
the subject property in the formation of or annexation
to any assessment, benefit assessment or improvement
district or authority, formed for the purpose of making
such roadway improvements.
3. No retaining wall shall exceed 5 ft in height. In addition,
no fence or wall shall exceed six (6) feet in height and no
future fences or walls located within any required front
yard shall exceed three (3) feet in height.
4. No structure shall be permitted in any easement.
5. No ordinance size tree shall be removed without first
obtaining a Tree Removal Permit, with the exception of those
trees approved to be removed by the City Arborist based on
the detailed tree protection plan required for each phase of
construction.
6. Exterior colors shall be per the submitted material board
reviewed and approved by the Planning Commission.
7. Landscaping and irrigation per the approved plan (Exhibit
"A") shall be installed for each phase of development prior
to Final Inspection of each phase of development.
8. Prior to the issuance of a Zoning Clearance, applicant shall
submit the following for Planning Director review and
approval:
a. Documentation that the proposed landscape and
irrigation plan is consistent with the City's Water
Efficient Landscape Ordinance (WELO).
9. Any additional future landscaping shall be of native and
drought tolerant species in conformance with the City's WELO
guidelines.
10. All requirements of the City Arborist's preliminary reports
dated March 22 and November 16, 1994 shall be met. This
includes, but is not limited to:
a. Prior to issuance of a Zoning Clearance:
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· Detailed tree protection plans shall be prepared by the
City Arborist for each phase of development.
· Six (6) ft. chain link tree protective fencing shall be
shown on plan per these detailed plans, with note "to
remain in place throughout construction."
b. Prior to issuance of Grading or Building Permits:
· Tree protective fencing shall be installed for each
phase of development and inspected by staff.
· The applicants shall submit to the City, in a
form acceptable to the Community Development
Director, security in the amount determined
by the City Arborist to guarantee the mainte-
nance and preservation of trees on the
subject site for each phase of development .
c. Prior to issuance of Final Inspection approval:
. The City Arborist shall perform a final site inspection
to assess compliance with the aforementioned tree
preservation measures for each phase of development.
The security deposit shall then be returned in full, or
part, based on the Arborist'$ recommendation.
11. All landscaping and landscape irrigation installed beneath
the canopy of the ordinance protected oak trees shall comply
with the "Planting Under Old Oaks" guidelines prepared by
the City Arborist. No trenching is permitted within the oak
tree canopy, unless otherwise approved by the City Arborist.
12. 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.
12.a. Reference Exhibit B to Development Agreement between
applicant and City, for discussion of fire ladders.
EIR MITIGATION MONITORIN~ PLAN REQUIREMENTS
13. The following Mitigation Measures identified in the Odd
Fellows Master Plan EIR certified by Resolution No. 96-11 of
the Saratoga City Council on February 21, 1996 shall apply
throughout construction. The applicants' shall identify a
Project Manager responsible for ensuring that the Mitigation
Measures are complied with. The Project Manager shall
coordinate mitigation monitoring with Community Development
Department staff prior to issuance of a Zoning Clearance,
Building or Grading Permit or Final Inspection, as
applicable.
Visual Resources/aesthetics
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14. All rooftop equipment (i.e., air conditioners, antennas,
etc.) shall be located below the maximum roofline height
permitted such that their appearance is screened from
viewsheds extending to the site from adjacent residences.
15. To minimize visual impacts associated with the loss of
mature onsite vegetation (native oak trees) the project
applicant shall be required to prepare revegetation plans to
compensate for the oak trees removed.
16. Native landscaping shall be used adjacent to developed
portions of the site to buffer the site from adjacent
single-family residential land uses, provide shading relief
in areas that are unprotected, highlight architectural
features, and enhance and promote the visual and aesthetic
quality of the site. At planting, native trees used for
landscaping buffer shall be not less than 10 feet in height.
Berth Resources
17. The project geotechnical engineer and engineering geologist
shall review the geotechnical constraints affecting each
structure and provide more specific geotechnical design
criteria and demolition/construction recommendations, as
needed
18. The results of the supplemental geotechnical design criteria
shall be summarized by the project geotechnical engineer and
engineering geologist in an addendum letter-report with
appropriate illustrations, and submitted to the City for
review and approval by the City Engineer for review and
approval.
19. The project geotechnical engineer shall review and approve
all geotechnical aspects of the final development plans
(i.e., site preparation and grading, site drainage
improvements, demolition and removal of structures and earth
works, remedial grading, creek modifications, and design
parameters for foundations and retaining walls) to ensure
that the geotechnical consultant recommendations have been
properly incorporated. The results of the plan review shall
be summarized by the geotechnical consultant in a letter and
submitted to the City Engineer for review and approval prior
to issuance of grading permits.
20. The geotechnical consultant shall inspect, test (as needed),
and approve all geotechnical aspects of the project
demolition and construction. The inspection shall include,
but not necessarily be limited to: site preparation and
grading, site surface and subsurface drainage improvements,
and excavations for foundations and retaining walls prior to
the placement of steel and concrete. The results of these
inspections and the as-built conditions of the project shall
be described by the geotechnical consultant in a letter to
the City Engineer.
21. Cut and fill slopes shall be constructed with a maximum
inclination of 2:1. If cut slopes are in hard, competent
rock, the maximum slope inclination shall be 1.5:1. any
deviation from the maximum cut and fill slope inclinations
identified shall be subject to the approval by the City
Engineer.
22. The applicant shall implement standard practices from the
City Grading ordinances to prevent erosion of cut and fill
slopes as identified on Exhibit 3.4-5 of the EIR.
23. The applicant shall submit plans to the City's Plan Check
Engineer showing that the proposed structure has been
analyzed for earthquake loading and designed according to
the most recent seismic standards in the Uniform Building
Code adopted by the City of Saratoga.
24. The applicant shall coordinate earthquake training with the
Saratoga Fire District for Odd Fellows employees. The
applicant shall submit an earthquake emergency response plan
to the Fire District for review and comment. That plan
shall require posted notices in all units on earthquake
safety procedures.
8urfaae Hydrolog~/DEainage
25. The project applicant shall submit final drainage plans that
demonstrate and depict mechanisms such as trench drains
extending a minimum of 3 feet below existing grade to inter-
cept water in areas of anticipated shallow groundwater to
ensure that during the construction and excavation of
proposed below-grade structures, the integrity of existing
and proposed slopes is maintained by directing areas of
anticipated shallow groundwater flow to suitable discharge
facilities.
26. The project applicant shall submit final drainage plans
which demonstrate that downstream drainage facilities can
accommodate the maximum peak surface water discharge
generated by Phase I and Phase II of project development.
If existing downstream drainage facilities do not have
sufficient capacity to handle the maximum peak discharge,
the project applicant will be required to improve the
existing facilities to accommodate the project's estimated
maximum discharge flow, or provide onsite retention
facilities that will retain surface water runoff during peak
flow periods. If existing downstream drainage facilities
have sufficient capacity to demonstrate maximum peak surface
water discharge (runoff), no further mitigation is
necessary. The final drainage plans shall also indicate how
the site grading, in conjunction with the drainage
conveyance systems including applicable swales, channels,
street flow, catch basins, storm drains, and flood water
retarding, will allow building pads to be safe from
inundation from stormwater runoff which may be expected from
all storms up to and including the 100-year storm event.
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27. The project applicant shall submit an erosion control
program which indicates proper control of siltation,
sedimentation and other pollutants will be implemented per
NPDES permit requirements. The erosion control plan shall
include the use of berms, storm grates, detention basins,
overflow collection areas, filtration systems and
sedimentation traps.
28. In accordance with NPDES permit requirements, the project
applicant shall prepare a Stormwater Pollution Prevention
Plan (SWPPP). Best Management Practices (BMPs) will be used
to maintain downstream water quality. These measures may
include the measures identified in Mitigation Measure 3.6.3.
A~r Quality
29. Provide temporary traffic control during heavy peak
construction activities to improve traffic flow (e.g., flag
person).
30. Suspend all construction equipment operations during second
stage smog alerts.
31. Apply approved chemical soil stabilizers according to
manufacturer's specification to all inactive construction
areas (previously graded areas inactive for four days or
more).
32. Water active sites at least twice daily.
33. Suspend all excavating and grading operations when wind
speeds (as instantaneous gusts) exceed 25 mph.
34. All trucks hauling dirt, sand, soil, or other loose
materials are to be covered and should maintain at least two
feet of freeboard (i.e., minimum vertical distance between
top of the load and the top of the trailer).
35. Sweep streets at the end of the day if visible soil material
is carried over to adjacent roads (recommend water sweepers
with reclaimed water).
36. Apply water twice daily or chemical soil stabilizers
according to manufacturers' specifications to all unpaved
parking or staging areas or unpaved road surfaces.
37. Traffic speeds on all unpaved roads to be reduced to 15 mph
or less.
38. Use of the following is required as applicable; solar or
low-emission water heaters, central water heating system,
energy efficient and automated controls for air
conditionere, energy efficient low-sodium parking lot lights
and lighting controls and energy efficient lighting.
Noise
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39. Construction activities shall be limited to between 7:30
a.m. and 6:00 p.m. Monday through Friday. No work is
permitted on holidays.
40. Construction equipment shall be fitted with modern sound
reduction equipment.
41. Temporary construction barriers shall be used when construc-
tion activities are within 200 feet of any noise-sensitive
uses, such as residences.
42. Construction related heavy truck trips (three or more axles
or over 26,000 pounds shall be limited to between 8:00 a.m.
and 2:00 p.m., Monday through Friday.
Biological Resources
43. Loss or Disturbance of Burrowing Owl Nests
a. The applicant shall notify and consult with CDFG
regarding potential disturbance to burrowing nests.
b. If grading is proposed during the burrowing owl nesting
season (March-August), a focused survey for burrowing
owls shall be conducted by a qualified raptor biologist
in order to identify active nests in areas potentially
impacted by project implementation. Mitigation to
avoid disturbances or removal shall be prepared by the
project applicant and approved by CDFG.
44. Loss of Riparian Woodland
a. Wherever possible, a 100 ft. "buffer" (non-development
set back) area shall be established from the outer edge
of the riparian habitat. Within this buffer area
native species will be allowed to regenerate and addi-
tional riparian vegetation will be planted. This will
ensure that there is net gain of riparian woodland.
b. Pursuant to the recommendations of the ecological
consulting firm H.T. Harvey & Associates a 50 ft.
buffer should be established from the outer edge of the
riparian habitat along the northwestern boundary of the
riparian habitat, within the area of the existing
accessory buildings and roadways and which is proposed
for the new Health Center.
c. The proposed Health Center encroaches approximately .44
acres into this 50 ft. buffer and the roadway crossing
to access the 10.6 acre southern parcel would remove .4
acres of small trees and shrubs - this impact area has
been identified as low quality riparian habitat. As
mitigation for the direct and indirect impact the
project will have on the site's northwestern habitat
corridor, H.T. Harvey & Associates has recommended that
the applicant expand the riparian habitat by .9 acres
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along the eastern boundary of the habitat corridor.
A detailed plan indicating .9 acres of replacement
riparian habitat shall be prepared by a qualified
professional and shall be submitted for Community
Development Director review and approval prior to
issuance of a Zoning Clearance for any of the buildings.
The plan shall be implemented prior to Final Inspection
of the Health Center building.
d. All riparian habitat not proposed for development
adjacent to riparian habitat shall be protected from
construction activities and left in existing
vegetation. Where riparian vegetation occurs within
100 feet of areas planned for grading, four-foot tall
plastic fencing will be placed at the edge of the
protected habitat. This fencing shall remain in place
until construction is completed. During construction,
debris, waste dirt, or rubble shall not be deposited in
riparian habitat.
e. To the maximum extent possible, revegetation shall use
native riparian stock (cuttings) collected from the
site. During the revegetation process, tree survival
shall be maximized using gopher cages, deer screens,
regular maintenance and replanting as needed.
Revegetation of riparian vegetation shall be supervised
by a certified arborist.
f. Night lighting associated with the proposed project
shall be directed away from the riparian corridor, to
minimize disruption to nocturnal wildlife activity.
45. Loss of Jurisdictional Wetlands
a. Prior to issuance of a grading permit, a detailed
wetland delineation shall be completed by a qualified
biologist to verify if the total amount of
jurisdictional wetlands, if any, that would be affected
by the proposed project. The agency responsible for
implementation of this mitigation measure may be either
the ACOE, or CDFG, or both, as explained below.
All proposed discharges of dredged or fill material into
waters of the United States must first be authorized by
the ACOE, pursuant to Section 404 of the Clean Water Act.
if wetlands would be affected, either an individual
permit or a nationwide permit may be required, depending
on the amount or fill. if less than an acre of jurisdic-
tional wetlands if to be affected, as is estimated, a
nationwide permit would likely be the type of permit
provided by the ACOE, and mitigation by this agency may
not be required. If a nationwide permit is appropriate,
the activity may already be authorized by ACOE. In
addition, the project proponent may be required to obtain
a Section 1600 Streambed Alteration Agreement, negotiated
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with CDFG. Either the Section 404 permit or the Section
1600 agreement, or both, may contain conditions that
address avoidance or replacement of affected wetlands.
the project applicant shall coordinate with ACOE/CDFG in
developing and abiding by the conditions of the Section
404 and Section 1600 Streambed Alteration Agreement.
These permits/agreements shall be secured prior to
issuance of grading permits.
b. In order to lessen impacts to riparian vegetation and
jurisdictional wetlands, the proposed east access road
(in the vicinity of the expanded Villas), shall not
encroach beyond the existing roadway footprint.
46. Loss of Native Oak Trees
a. Replacement ratios and other revegetation plans to
compensate for the oak trees removed shall be
incorporated into a oak tree restoration plan. A
replacement ratio of 5:1 for all native trees is
recommended. Compensation for the removal of oak trees
shall be incorporated into the oak tree restoration
plan. This plan shall be prepared by a qualified
restoration ecologist and approved by the City of
Saratoga Community Development Director. Replacement
trees shall be planted within the riparian buffer area
or in other designated open space.
b. Trees not approved for removal that are within 200 feet
of grading activities shall be protectively fenced five
feet beyond the dripline and root zone of each (as
determined by a certified arborist). This fence which
will prevent soil from being pushed down beneath the
canopies or over the root collars, shall be maintained
until all construction activities are completed. No
grading or trenching shall be allowed within this area
and construction equipment and debris shall be
excluded. Protection for oak trees on slopes and
hillsides will also include installation of a silt
fence. This silt fence shall be installed at the base
of the protective fence to prevent any soil from
drifting down over the root zone. Construction
equipment and debris shall be excluded from the
dripline of each tree.
c. Within landscaped area, preservation of coast live oaks
considered in good condition shall be ensured by
adopting proper maintenance procedures. These
procedures shall be determined by a certified arborist
but may include mulching, end-weight removal, and
application of a sub-surface fertilizer. All pruning
and maintenance procedures shall be done under the
direct supervision of a certified arborist.
47. Indirect Impacts on Sensitive Habitats
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a. All grading plans shall include measures to minimize
erosion and runoff into wetlands. Appropriate runoff
controls such as berms, storm grates, detention basins,
overflow collection areas, filtration systems, and
sedimentation traps will be implemented on the project
area to control siltation and the potential discharge
of pollutants into wetlands.
b. In accordance with the NPDES Permit requirements, the
project applicant shall prepare a Stormwater Pollution
Prevention Plan (SWPPP).
c. Permanent measures, such as protective fencing and
warning signs shall be taken to reduce human usage and
degradation of sensitive habitats due to increased
urbanization.
Public Services, Facilities and Utilities
48. Fire hydrants shall be installed and charged by the
applicant, as required and approved by the Fire District.
49. The applicant shall submit an emergency fire access plan to
the Fire District for review and approval to ensure that
service to the site is in accordance with Fire District
service requirements. Fire access roads shall be provided
for each facility to ensure that fire fighting or rescue
operations will not be impaired. The access plan shall be
based on the requirements of the 1991/1994 Uniform Fire
codes (Division II, Sec. 10.201, Sec. 10.204) and Part III,
Article 9 of the 1994 Uniform Fire Code.
50. Plans shall indicate that all buildings, shall have
sprinklers installed in accordance with the Saratoga
Municipal Code and the Uniform Fire Code. Said sprinklers
shall be installed prior to each final building and zoning
inspection.
51. The applicant shall submit a Construction Fire Protection
Plan which shall include detailed design plans for
accessibility of emergency fire equipment, fire hydrant
location, and any other construction features.
52. Prior to the issuance of building permits for Phase II, the
applicant shall agree to provide 24-hour, on-site emergency
medical service at the Health Care Center. This service
should be capable of providing emergency advanced life
support (ALS) to the residents. The addition of 24-hour ALS
will ensure adequate emergency medical response service
after completion of the project.
53. The applicant shall submit to the Community Development
Department plans for review and approval which shall ensure
that water conservation measures are incorporated. Among
the water conservation measures to be shown on the plans and
implemented by the applicant, to the extent applicable
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within the Master Plan area include, but are not limited to,
the following:
a. Use of low-flow sprinkler heads in irrigation systems.
· Low-flow fittings, fixtures, and equipment, including
low flush toilets and urinals.
· Use of reclaimed water for irrigation when it becomes
available.
· Use of efficient irrigation systems such as drip
irrigation and automatic systems which use moisture
sensors.
· Use of low-flow shower heads in apartments.
· Water efficient ice-machines, dishwashers, clothes
washers and other water-using appliances.
· Use of water-conserving landscape plant materials
wherever feasible.
Cultural Resources
54. Prior to approval of grading plans, the applicant shall
submit a letter to the City's Project Planner identifying
the certified archaeologist that has been hired to ensure
that the following actions are implemented:
a. The archaeologist must be present at the pregrading
conference in order to establish procedures for tempo-
rarily halting or redirecting work to permit the sam-
pling, identification and evaluation of artifacts if
potentially significant artifacts are uncovered. If
artifacts are uncovered and determined to be
significant, the archaeological observer shall
determine appropriate actions in cooperation with the
applicant for exploration and/or salvage.
b. Specimens that are collected prior to or during the
grading process will be donated to an appropriate
educational o.r research institution.
c. Any archaeological work at the site shall be conducted
under the direction of the certified archaeologist. If
any artifacts are discovered during grading operations
when the archaeological monitor is not present, grading
shall be diverted around the area until the monitor can
survey the area.
d. A final report detailing the findings and disposition
of the specimens shall be submitted to the City Project
Planner. Upon completion of the grading, the
archaeologist shall notify the City Project Planner as
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to when the final report will be submitted.
55. The applicant shall submit a letter to Community Development
Department staff identifying the certified paleontologist
that has been hired to ensure that the following actions are
implemented:
a. The paleontologist must be present at the pregrading
conference in order to establish procedures to
temporarily halt or redirect work to permit the
sampling identification and evaluation of fossils if
potentially significant, paleontological resources are
uncovered. If artifacts are uncovered and found to be
significant, the paleontological observer shall
determine appropriate actions in cooperation with the
applicant for exploration and/or salvage.
b. Specimens that are collected prior to or during the
grading process will be donated to an appropriate
educational or research institution.
c. Any paleontological work at the site shall be conducted
under the direction of the certified paleontologist.
If any fossils are discovered during grading operations
when the paleontological monitor is not present,
grading shall be diverted around the area until the
monitor can survey the area.
d. A final report detailing the findings and disposition
of the specimen shall be submitted to the City Project
Planner. Upon completion of the grading, the
paleontologist shall notify the City Project Planner as
to when the final report will be submitted.
Bner~J~
56. The applicant shall submit plans showing that each structure
will comply with the State Energy Efficiency Standards
(Title 24, California Code of Regulations) and will consult
with the City of Saratoga Building Official in order to
review above Title 24 measures prior to each final building
and zoning inspection to incorporate into the project design
including energy efficient designs.
57. In order to conserve energy, the applicant shall implement
energy-saving practices in compliance with Title 10, which
may include the following:
a. Use of high-efficiency air conditioning systems con-
trolled by a computerized management system including
features such as a variable air volume system, a 100-
percent outdoor air economizer cycle, sequential opera-
tion of air conditioning equipment in accordance with
building demands, isolation of air conditioning to any
selected floor or floors.
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b. Use of electric motors designed to conserve energy.
c. Use of special lighting fixtures such as motion sensing
light switch devices and compact fluorescent fixtures
in place of incandescent lights.
d. Use of T8 lamps and electronic ballasts. metal halide
or high-pressure sodium for outdoor lighting and
parking lots.
58. The applicant shall submit plans for review and approval
which shall ensure that buildings are in conformance with
the State Energy Conservation Standards for Nonresidential
Buildings (Title 24, part 6, Article 2, California
Administrative Code).
Section 2. Conditional Use Permit and Design Review approval
is granted for a period of ten years pursuant to that certain
Development Agreement adopted by Ordinance No. y1-60 of the
City Council on the 6th day of .......... March , 1996.
Section 3. All applicable requirements of the State, County,
City and other Governmental entities must be met.
Passed and adopted at a regular meeting of the City
Council of the City of Saratoga held on the 6th day of March,
1996 by the following vote:
AYES: Councilmembers Burger, Moran, Wolfe and Mayor Jacobs
NOES: None
ABSENT: Councilmember Tuc
Mayor
AT~'EST:
.(!.
City Cler~
· The City Courtall has determined that the proposed General Plan Text
Amendment is consistent with the goals, policies and objectives of the
City's General Plan and Area G Plan Guidelines; and
· The City Council had determined that the proposed General Plan Text
Amendment is consistent with the existing land use designations and
development patterns in the area; and
· The General Plan Text Amendment to the Area G Plan Guidelines is
approved to permit senior housing duplex cottages at a maximum
density of 2.1 units per acre on the 10.6 acres of undeveloped land to
the south of the existing Odd Fellows Home identified as APN 397-40-
006. The increased number of permitted units applies only to this
parcd and only for senior housing.
· The City Coundl had deemed it to be in the public interest to allow for
the expansion of the Odd Fellows' senior housing duplex cottages onto
the I 0.6 acres in that it provides additional senior housing stock in
Saratoga, thereby promoting Saratoga's Housing Element goals and
politics encouraging diversified housing opportunities and allows the
Odd Fellows' to complete their long term redevelopment plans in order
to assure the continuing feasibility of their existing fadlity.
of Saratoga held on the 1996 by the following vote:
AYES: Councilmembers Burger, Moran, Wolfe and Mayor Jacobs
NOES None
ABSENT: Councilmember Tucker
Mayor
City Clerk ~/,
February 28, 1996
l :\WPDXMNKSWN2 7 3~,E S 9 6NGENPLAN. 0 3 6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAXlNG
FINDINGS PURBUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND ADOPTING
A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT KNOWN AS
ODD FELLOWS MASTER PLAM
Independent Order of Odd Fellows; 1450 Fruitvale Avenue
WHEREAS, the Independent Order of Odd Fellows ("the applicant")
is proposing a two phased Master Plan for the expansion and
revitalization of the 37 acre Odd Fellows property located at 14500
Fruitvale Avenue; and
WHEREAS, the applicant proposes this Master Plan in order to
upgrade, renovate and ultimately expand the existing senior care and
housing facilities to accommodate the emerging "continuum of care"
desired in the current retirement marketplace; and
WHEREAS, the primary discretionary actions and/or approvals
required for the Project include a General Plan land text amendment
to allow quasi-public facilities (senior residential units) on a 10.6
acre parcel; design review for the proposed structures; and use
permit approval to allow the expansion of an "institutional facility"
within a residential district; and
WHEREAS, on February 21, 1996, via Resolution No. 96-11, the
City Council certified (a) that a Final Environmental Impact Report
("EIR") has been completed in compliance with CEQA and reflects the
independent judgment of the City Council, (b) that the EIR was
presented to the City Council, and (c) that the City Council reviewed
and considered the information contained therein.
WHEREAS, the Final EIR identifies and discusses all potentially
significant adverse environmental effects of the Project, as well as
(a) mitigation measures proposed to minimize each such potential
adverse environmental effect to a level of insignificance, and (b) a
range of reasonable alternatives to the Project;
NOW, THEREFORE, BE IT RESOLVED THAT:
I. The foregoing recitals are true and correct and made a part of
this Resolution.
II. STATEMENT OF FINDING8
A. I~DUCT!ON
The proposed project is located in the City of Saratoga,
approximately 15 miles west of downtown San Jose, in southwest Santa
Clara County. The project site is located generally southwest of the
newly constructed State Highway 85 (West Valley Highway), north of
State Highway 9 (Saratoga-Los Gatos Boulevard) and east of Saratoga
Avenue. Regional access to the site is provided by the Junipero Serra
Freeway (I-280) via the Lawrence Expressway from the northwest, from
the Santa Cruz Highway (17) and the Bayshore (101) Freeway. From
these freeways, access to the site is possible via connection to a
variety of arterials, principally Saratoga-Sunnyvale Road (Route 85),
Big Basin Way (Route 9) and Saratoga-Los Gatos Road (Route 9). The
site is located east of Fruitvale Avenue (an arterial serving north-
south bound traffic), south of San Marcos Road and Chester Avenue,
west of Sobey Road and generally north of Crisp Avenue. Local access
to the site is provided by Fruitvale Avenue via the I.O.O.F. access
road. Fruitvale Avenue provides the only local access to the site.
The objectives of the proposed Master Plan are as follows:
· To upgrade or replace the existing health-care and resident
facilities, and remove remnants of structures previously
demolished, and;
· To provide for a blueprint expansion of the Odd Fellows
facility which would include a "continuum of care" and
range of housing types, sizes and cost desired in today's
retirement marketplace.
P:o~ect Overview
The project is the proposed implementation of the Odd Fellows Master
Plan. The two-phased Master Plan area covers approximately 37 acres
of land owned by the Odd Fellows Home of California. The Odd Fellows
Home has operated in Saratoga for over 80 years as a non-profit
entity providing care and housing for its senior members. The Master
Plan has been proposed in order to upgrade and renovate facilities,
some of which have been in existence since first constructed in 1912.
Ultimately, the intent of the Master Plan is to expand the facilities
to address emerging senior care living accommodations preferred in
the current retirement marketplace.
Proposed Facilities
Health Center: A new one-story health center with ninety-nine beds
would be built adjacent to the existing tree buffer on the east side
of the Odd Fellows property.
Villas Expansion: At the location of the existing California Villas,
two new wings will be added which would contain sixty-eight units for
a total of one hundred forty-three units.
Congregate Apartments: At the location of the existing Health Center,
the applicant proposes a two-story building for forty-six units.
Surface parking will be provided on the northeast side of the
building.
Congregate Apartments: At the location of the demolished former
Villas, a new two-story structure with fifty-two units would be
located. The parking will be located below the structure and tucked
into the hillside.
Cottage Units: Nineteen Duplex clusters bordering the interior
access road would serve the most independent elderly. Each unit
would include an enclosed parking space.
Phase I of the project would result in the renovation and upgrade of
the "Home" building, replacement of the Health Center and expansion
of the Villa wings. Several service buildings in the area of the new
Health Center will be demolished as will the pedestrian bridge and
the foundation walls of the old Villa structure. Upon completion of
the villa wings, residents can be moved from the existing Home,
allowing for the Homes' complete renovation. Construction would begin
following project approval, the securing of project financing, and
the obtaining of appropriate State and, if necessary, federal
permits. The duration of Phase I construction is estimated to be 24
months.
Phase II of the project would include the two proposed Congregate
Apartments and the Cottages. The existing Grand Lodge would be
demolished to finish construction of the internal circulation road.
Duration of construction for Phase II is approximately 18 months. For
the purposes of environmental analysis, buildout of the project is
anticipated to concur no later than Year 2005. Development of Phase
II would be ultimately driven by market demand, and although buildout
is assumed to be no later than year 2005, it may not be developed at
all. However, as required by CEQA, this document analyzes the
potential impacts associated with all contemplated phases of future
development.
The primary actions for which the EIR was prepared include an
amendment to the City of Saratoga General Plan Land Use Element,
Planning Area G text to allow 2.1 senior citizen dwelling units per
acre on a 10.6 acre parcel. The parcel is currently designated in the
City's General Plan for Residential-Very Low Density. The proposed
amendment would maintain the existing land use designation. The
parcel's zoning designation is R-1-40,000. Other discretionary
actions include Design Review for the proposed structures, a Use
Permit approval to allow the expansion of an "institutional facility"
within a residential district, and approval of a development
agreement.
The City of Saratoga has prepared an EIR for the proposed project in
compliance with the California Environmental Quality Act of 1970
(CEQA)(Public Resources Code 21000 et seq.) and the State CEQA
Guidelines (California Administrative Code 15000 et seq., as amended.
CEQA and the State CEQA Guidelines promulgated pursuant thereto
provide that:
No public agency shall approve or carry out a project for which
an Environmental Impact Report has been completed and which
identifies one or more significant environmental effects of the
project unless the public agency makes one or more written
findings for each of those significant effects, accompanied by a
brief explanation of the rationale for each finding (CEQA
Guidelines Section 15091).
Because the EIR identified potentially significant and significant
effects which may occur as a result of the project, and in accordance
with the provisions of the guidelines, the City Council hereby adopts
these findings as part of the approval of the Odd Fellows Master Plan
Project.
3
B. ALTERNATIVES
In accordance with Section 15126(d) of the State CEQA Guidelines, a
range of reasonable alternatives to the project that could feasibly
attain most of the basic objectives of the project but would avoid or
substantially lessen any of the potentially significant effects of
the project were addressed in the final EIR. In addition, these
alternatives included a comprehensive evaluation of the "No-Project"
and "No-Project/Existing Zone Designation" alternatives in accordance
with Section 15126(d)(2) of the CEQA Guidelines. The alternatives
considered in the EIR are summarized below:
1. No-Project Alternative. The No-Project/No-Development
Alternative assumes that the Odd Fellows Master Plan would not
be implemented and that existing land within the project area
would remain unchanged. Thus, this alternative would be
equivalent to the project site conditions discussed under
Environmental Conditions for each impact category. In this
instance, although no new environmental impacts would occur, the
potential for some significant impacts, such as damage from
groundshaking would be greater than the proposed project, as
project structures (primarily the Home) would not have been
seismically retrofit to current seismic codes. As this
alternative does not attain most of the project objectives of
the project, this alternative has been rejected from further
consideration.
2. Alternative Site. This alternative would place the proposed
project on a 24-acre site located on the northeastern corner of
Saratoga Avenue and Route 85 in the northeastern portion of the
City. The alternative site was formerly known as the Paul Masson
Winery property. The Greenbriar Home Company has recently
received Tentative Map and Final Plan approval to build 94
single-family detached homes on this site. Although the
alternative site would not satisfy the applicant's objectives,
the site was identified as the most appropriate for evaluation
given the site's existing attributes (such as level topography
and convenient access to transit services) after a review of
various alternative locations in the region. Development of the
Alternative Site would focus on construction of the eleven
independent cottages proposed for the 10.6 acre parcel within
the Odd Fellow Master Plan area. The existing Odd Fellow site
would be expected to operate at the resident capacity
anticipated with development of the congregate care apartments
and expansion of the Villa wings, for an estimated 243
residents.
It is important to note, that the proposed project involves the
expansion of an existing use of the Odd Fellow's property. The
functional relationship and interrelationship of the existing
use to the proposed expanding use, as well as the proximity of
the uses to one another is critical to operation of the proposed
project as a congregate care facility. As such, it is not
reasonable for the project applicant to consider an alternative
site, particularly for implementation of Phase I. Where analysis
of an alternative site may be reasonable is in the consideration
4
of implementation of Phase II which includes ultimate
development of 10.6 acres of currently undeveloped, vacant land
adjacent to the existing QPF designated parcel on the Odd
Fellows site. Additionally, it has been acknowledged that
implementation of Phase II may not occur, thus the City
considered an alternative to this phase of development a
realistic scenario of possible consequences. This alternative
would not feasibly attain most of the project's objectives.
3. Project Limited to Renovation of Existing Facilities.
Implementation of this alternative would be limited to
renovating the existing facilities at the Odd Fellows Home as
they currently exist; no physical or building square footage
expansion would occur, though internal room configurations and
densities could be modified. This alternative analyzes the
development potential of the project site under the existing
land use controls and designations. The analysis assumes that
limited development under existing regulations would be allowed
by right or as allowed by discretionary approval by the City of
Saratoga.
Although this alternative would result in the fewest and least
extensive environmental impacts, the fewer number of senior
housing units that would be permitted with adoption of this
alternative would fail to provide the public benefit associated
with the basic intent of the project objectives, such as
"providing a range of housing types, sizes and costs desired in
today's retirement marketplace". This alternative would not
feasibly attain most of the project's objectives.
4. Buildout of the Site Under Current Zoning. Implementation of
this alternative would result in development of Phase I of the
Project and portions of Phase II, excluding the development of
the 11 cottages (22 units) on 10.6 acres of undeveloped land.
The 10.6 acres of land currently designated for Residential
Very-Low Density would be developed with nine (9) single-family
detached homes. This would reduce the amount of unassisted
independent living units (cottages) from 36 to 16 and result in
an overall decrease in project size by approximately 28 percent.
Environmental impacts such as aesthetic/visual compatibility
(increase in mass/scale); noise, public services, facilities and
utilities; and energy would be potentially greater than the
proposed project. This alternative would not substantially
reduce or avoid any of the identified significant or potentially
significant impacts associated with project implementation.
5. Modified Design Alternative. The Modified Project Design
Alternative features a total project size of 37 acres, the same
as the proposed project. Proposed land uses would be
reconfigured, reducing the frontage of five of the eleven
independent cottages along the southern periphery of the site
from existing adjacent residences. This alternative would
replicate (to the extent feasible) the site plan of the formerly
proposed Phase II of the San Marcos Height Residential
Subdivision project including provision of a private open space
easement along the riparian woodland corridor which would
5
restrict development within its boundaries. This alternative
would reduce the total number of cottages on the 10.6 acre
parcel from eleven to nine duplexes, or a total of 18 units.
The internal roadway would be reconfigured to end in a cul-de-
sac, as opposed to the loop configuration presently shown on the
proposed project site plan. Additionally, the roadway alignment
would be configured so as to minimize potentially significant
impacts to wetland and riparian woodland habitat and vegetation.
This alternative was selected as the environmentally superior
alternative for the following reasons:
· Implementation of this alternative would reduce and/or
eliminate land use compatibility impacts associated with
the visual obstruction of visual resources;
· Implementation of this alternative would eliminate
significant adverse visual and aesthetic impacts associated
with development of the southern portion of the project
site;
· This alternative would provide additional landscaped and
natural (undisturbed) open-space to buffer adjacent
residential uses and provides a transition from senior
residential housing use to single-family residential use;
· This alternative reduces grading and associated cut and
fill impacts, thereby preserving the site's southern
ridgelines.
Portions of this alternative, including the relocation of five
cottages along the southern ridgeline, the incorporation of an open
space easement and the reconfiguration of the internal roadway have
been incorporated into the proposed project to minimize potentially
significant and unavoidable land use compatibility and visual impacts
to adjacent residences to a level considered less-than-significant.
C. FINDING8 OF FACT
The City Council has independently reviewed and analyzed the Final
EIR for the proposed Odd Fellows Master Plan Project and has
considered the public record on the project. The public record for
the proposed project is composed of the entire documentary record of
the project including, without limitation, agendas, minutes and tapes
of hearings and study sessions, before the Planing Commission and
City Council, correspondence. to the City from persons interested in
the project and responses thereto, and the following documents:
(1) Draft Environmental ImDact Report, Volumes 1 and II, April
1995.
(2) ResDonse to Comments on the Draft EIR, Volume III,
September 1995.
(3) Discussion of Public Hearing Testimony and Letters Received
on the Final Environmental Impact Report for the Odd
Fellows Master Plan EIR, November 1995.
6
'~For each significant effect identified in the EIR, the City of
Saratoga City Council must make one of or more of the following
findings:
(1) Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid the
significant effects on the environment;
(2) Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been or
can be, adopted by that other agency;
(3) Specific economic, legal, social, technological, or other
considerations including considerations for the provisions
of employment opportunities for highly trained workers,
make infeasible the mitigation measures or alternatives
identified in the environmental impact report.
After reviewing the public record, and holding its own hearings, the
City of Saratoga City Council hereby makes the following findings
regarding the significant effects of the proposed project, pursuant
to CEQA §21081 and the State CEQA Guidelines §15091.
1. ~ UBB
significant Effects
Although Phase II would be compatible in height, mass and scale with
adjacent residential single-family residential land uses, the
proximity of five of the eleven cottages on the 10.6 acre parcel
would visually intrude upon existing uses and therefore, would result
in potentially significant and unavoidable land use compatibility
impacts.
Finding
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant.environmental
effect on the environment.
Facts in Support of Finding
As noted under the description of the Modified Design Alternative,
the five cottages located along the southern ridgeline have been
relocated to the southeastern portion of the 10.6-acre, thereby
minimizing land use compatibility impacts associated with the visual
obstruction that these five cottages would otherwise cause.
The proposed senior care and living facility expansion is in accord
with the objectives of the Zoning Ordinance and the purposes of the
district in which the site is located in that senior care facilities
are a conditionally permitted use in all of Saratoga's residential
zoning districts. The height, elevations and placement on the site of
the main and accessory structures, when considered with reference to
(i) the nature and location of residential structures on adjacent
lots and within the neighborhoods, and (ii) community viewsheds will
7
avoid unreasonable interference with views and privacy, in that the
location and design of the structures would minimize any interference
with future adjacent homes views or privacy. Finally, the proposed
main or accessory structures will be compatible in terms of bulk and
height with existing residential structures on adjacent lots and
those within the immediate neighborhood and within the same zoning
district.
The following measures will mitigate the identified land use
compatibility impact to a level considered less than significant:
· The applicant shall ensure conformance with all applicable
development standards pursuant to Saratoga's Subdivision,
Zoning and Building Ordinances.
· The specific and detailed design of the proposed project
shall be subject to review and evaluation during the Design
Review and Use Permit Process. This mitigation shall
ensure land use compatibility of the proposed project with
surrounding residential land uses through the Design Review
and Use Permit process.
· The applicant shall submit plans to the City detailing the
landscaping and setbacks for the parking facilities
(carports), internal loop road and structures adjacent to
offsite residential land uses which minimize compatibility
impacts on surrounding residential areas.
8igni~icant Effects
Construction activity will result in intermittent, but relatively
short-term nuisance impacts (due to fugitive dust, noise and
aesthetics) to existing residents and adjacent single-family
residences located along the periphery of the project site.
F~ndin~
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment.
FaCtS ~n SuDSoft of Findin~
The following measures will mitigate the identified land use
compatibility impacts due to construction activity to a level
considered less-than-significant:
· Provide temporary traffic control during heavy peak
construction activities to improve traffic flow (e.g., flag
person).
· Suspend all construction equipment operations during second
stage smog alerts.
· Apply approved chemical soil stabilizers according to
manufacturers' specification to all inactive construction
8
areas (previously graded areas inactive for four days or
more).
· Water active sites at least twice daily.
· Suspend all excavating and grading operations when wind
speeds (as instantaneous gusts) exceed 25 mph.
· AllI trucks hauling dirt, sand, soil, or other loose
materials are to be covered and should maintain at least
two feet of freeboard (i.e., minimum vertical distance
between top of the load and the top of the trailer).
· Sweep streets at the end of the day if visible soil
material is carried over to adjacent roads (recommend water
sweepers with reclaimed water).
· Apply water twice daily or chemical soil stabilizers
according to manufacturers' specifications to all unpaved
parking or staging areas or unpaved road surfaces.
· Traffic speeds on all unpaved roads to be reduced to 15 mph
or less.
· Construction activities shall be limited to between 7:30
a.m. and 6:00 p.m. Monday through Saturday. No work to be
accomplished on Sunday or holidays.
· Construction equipment shall be fitted with modern sound
reduction equipment.
· Temporary construction barriers shall be used when
construction activities are within 200 feet of any noise-
sensitive uses, such as residences.
· Construction related heavy truck trips (three or more axles
or over 26,000 pounds) shall be limited to between 8:00 am
and 2:00 pm, Monday through Friday.
2. VISUAL RESOURCES/AESTHETICS
Sianific&nt Effects
Although sensitive architectural facade and landscape treatments
would be incorporated to minimize the potential aesthetic impacts to
surrounding residences, and despite the sites potential to ultimately
be developed with single-family residential use in accordance with
the existing General Plan zone designation, based on scale and
massing, the conversion of the southern 10.6 acre parcel to a higher-
density residential uses than currently permitted, would result in a
significant visual impact to surrounding residential land uses.
Further, as identified in the Draft EIR, development of five of these
cottages along the southern periphery of the site would result in at
least partial blockage of views to the north from offsite homes.
This was identified as a significant and unavoidable impact.
9
Findin~
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment.
Facts in Support Of Fi~d~q
As part of the Final EIR public hearing and response to public
testimony process, the applicant has prepared a revised schematic
plan illustrating partial incorporation of the Modified Design
Alternative, partial incorporation of Mitigation Measure 3.1-3 and
staff recommendations. As such, the five cottages previously
proposed along the southern ridgeline have been relocated to the
southeastern portion of the site, thereby reducing visual impacts to
adjacent residences on the south and southwestern periphery,
minimizing impacts to native oaks and reducing the amount of cut and
fill requirements. Relocation of the five cottages from the
ridgeline to the southeastern periphery of the project site would
avoid land use compatibility impacts (due to visual intrusion) to
adjacent single-family residences. Their location and setback behind
the internal roadway loop serves to visually obscure their presence
from the sightline of adjacent residences.
Additionally, the following'measures will further mitigate the
identified impact to a level considered less-than-significant:
· Structures shall be scaled, proportioned and articulated to
minimize the appearance of mass and bulk and to maximize
the perception of open space. (General Plan Open Space
Policy #39).
· The proposed project shall be subject to Design Review by
the City of Saratoga Planning Commission to ensure the
City's design goals and objectives are met.
· All rooftop equipment (i.e., air conditioners, antennas,
etc) shall be located below the maximum roofline height
permitted such that their appearance is screened from
viewsheds extending to the site from adjacent residences.
Significant Effects
Phase II construction of eleven of the nineteen cottage duplexes
would result in the conversion of the southern 10.6 acre parcel of
undeveloped land with residential structures at a higher density than
currently permitted under the City's General Plan Land Use Element.
Thus, the amount of area currently providing spatial (visual) relief
would be decreased.
The partial obstruction of near and foreground views generated by
Phase II development is considered a significant visual impact.
Finding
Changes or alterations have been required in, or incorporated into,
10
the project which mitigate or avoid the significant environmental
effects on the environment.
Facts in SUDuO~t of ~indina
As noted under the discussion of the Modified Design Alternative,
five of the eleven cottages that were proposed along the southeastern
ridgeline of the 10.6-acre parcel have been relocated to the
southeastern portion of the project site, thereby substantially
lessening the significant visual impacts otherwise generated by Phase
II development.
Additionally, the following measures will further mitigate the
identified visual impact to a level considered less-than-significant:
· Structures shall be scaled, proportioned and articulated to
minimize the appearance of mass and bulk and to maximize
the perception of open space. (General Plan Open Space
Policy #39).
· The proposed project shall be subject to Design Review by
the City of Saratoga Planning Commission to ensure the
City's design goals and objectives are met.
· All rooftop equipment (i.e., air conditioners, antennas,
etc) shall'be located below the maximum roofline height
permitted such that their appearance is screened from
viewsheds extending to the site from adjacent residences.
· Prior to issuance of Design Review and/or Use Permit
Approval, the applicant shall submit plans to the City
detailing the landscaping and setbacks for the parking
facilities, internal loop road and structures adjacent to
offsite residential land uses which minimize compatibility
impacts on surrounding land uses.
· To minimize visual impacts associated with the loss of
mature onsite vegetation (native oak trees,) the project
applicant shall be required to prepare revegetation plans
to compensate for the oak trees removed.
· Native landscaping shall be used adjacent to developed
portions of the site to buffer the site from adjacent
single-fAmily residential land uses, provide shading relief
in areas that are unprotected, highlight architectural
features, and enhance and promote the visual and aesthetic
quality of the site. At planting, native trees used for
landscaping buffer shall be no less than 10 feet in height.
Significant Effeot~
Intrusion of headlight glare into adjacent residential land uses is
considered a potentially significant impact. The extent to which
this is significant would depend on the design of the internal
roadway and the provision of substantial landscape barriers to
prevent headlight glare form intruding into adjacent uses.
11
Facts in 2uDDOrt of Findin~
The following measures will mitigate the identified impact to a level
considered less-than-significant:
· The project applicant shall submit an erosion control
program which indicates proper control of siltation,
sedimentation and other pollutants will be implemented per
NPDES permit requirements. The erosion control plan shall
include the use of berms, storm grates, detention basins,
overflow collection areas, filtration systems and
sedimentation traps.
· In accordance with NPDES permit requirements, the project
applicant shall prepare a Stormwater Pollution Prevention
Plan (SWPPP). Best Management Practices (BMPs) will be
used to maintain downstream water quality. These measures
may include the measures identified in Mitigation Measure
3.6.3, such as the provision of an erosion control plan
prior to issuance of a grading permit, which includes the
use of berms, storm gates, detention basins, overflow
collection areas, filtration systems and sedimentation
traps; submission of drainage plans prior to issuance of
grading permits that demonstrate mechanisms to intercept
water in areas of anticipated shallow ground water and
demonstrate that future post development stormwater quality
discharged from the project will not deteriorate from
existing stormwater quality.
5. AIR QUALITY
Sianificant B.~fects
Based on the BAAQMD threshold level of 150 pounds per day, the
estimated 240 pounds per day of I~410 that would be produced by the
proposed project would be considered significant.
Finding
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment.
Facts in SuDSoft Of Findina
The following measures will mitigate the identified impact to a level
considered less than significant:
· Provide temporary traffic control during heavy peak
construction activities to improve traffic flow (e.g., flag
person).
Suspend all construction equipment operations during second
· Apply approved chemical soil stabilizers according to
manufacturers' specification to all inactive construction
areas (previously graded areas inactive for four days or
more).
· Water active sites at least twice daily.
· Suspend all excavating and grading operations when wind
speeds (as instantaneous gusts) exceed 25 mph.
· All trucks hauling dirt, sand, soil, or other loose
materials are to be covered and should maintain at least
two feet of freeboard (i.e., minimum vertical distance
between top of the load and the top of the trailer).
· Sweep streets at the end of the day if visible soil
material is carried over to adjacent roads (recommend water
sweepers with reclaimed water).
· Apply water twice daily or chemical soil stabilizers
according to manufacturers' specifications to all unpaved
parking or staging areas or unpaved road surfaces.
· Traffic speeds on all unpaved roads to be reduced to 15 mph
or less.
Significant Effects
The project site is within an air basin that was not in attainment
with the federal or state standards for ozone. The EIR acknowledged
that the combined effect of construction of the proposed project and
other cumulative projects in the study area would contribute to an
already existing violation of the ozone standard and would lead to a
short-term significant impact to regional air quality. Although
long-term project-generated air quality impacts are expected to be
minimal due to the relatively small size of the proposed project, any
increase in emissions of ozone precursors was considered cumulatively
significant since the site was previously in a non-attainment area
for ozone. Since circulation of the Draft EIR for public review, EPA
has designated the Bay Area as having achieved attainment with the
federal ozone standard. Mowever, there were many ozone violations
last summer, therefore, it is appropriate to maintain this finding
given that it will now be up to the Bay Area Air Quality Management
District to correct any violations. The proposed project would
contribute to cumulatively significant air pollutant emissions that
cannot be eliminated altogether by project-related measures, and thus
would contribute to unavoidable adverse cumulative air quality
impacts.
Findin~
The impact identified in the Final EIR cannot be mitigated to a less-
than-significant level. Mowever, changes or alterations have been
required in, or incorporated into, the project which substantially
lessen the significant cumulative environmental effect as identified
in the Final EIR. There are no alternatives that would avoid this
17
existing regional and cumulative air quality impact. This impact is
acceptable when balanced against the facts set forth above and in the
Statement of Overriding Considerations.
Fa~ts in sumSoft o~ Fin4i.~q
The City of Saratoga has adopted the following measure which will
partially mitigate the identified significant cumulative impact:
· The following mitigation measures address on-road
construction mobile sources:
-- Configure construction parking to minimize traffic
interference.
-- Provide temporary traffic control during all phases of
construction activities to improve traffic flow (e.g.,
flag person).
-- Schedule construction activities that substantially
affect traffic flow to off-peak hours (e.g., between
10:00 a.m. and 3:00 p.m.).
· The following mitigation measures address off-road
construction mobile sources:
-- Methanol fueled pile drivers.
-- Suspend all construction equipment operations during
second stage smog alerts.
-- Prevent trucks from idling longer than two minutes.
· The following mitigation measures address construction
related PM10 emissions:
Grading:
-- Apply approved chemical soil stabilizers according to
manufacturers' specification to all inactive
construction areas (previously graded areas inactive
for four days or more).
-- Replace ground cover in disturbed areas as quickly as
possible.
-- Enclose, cover, water twice daily or apply approved
soil binders according to manufacturers'
specifications, to exposed piles (i.e., gravel, sand,
dirt)~
--Water active sites at least twice daily.
-- Suspend all excavating and grading operations when
wind speeds (as instantaneous gusts) exceed 25 mph.
-- All trucks hauling dirt, sand, soil, or other loose
materials are to be covered and should maintain at
least two feet of freeboard (i.e., minimum vertical
distance between top of the load and the top of the
trailer).
Paved Roads:
-- Sweep streets at the end of the day if visible soil
18
material is carried over to adjacent roads (recommend
water sweepers with reclaimed water).
-- Install wheel washers where vehicles enter and exit
unpaved roads onto paved roads, or wash off trucks and
any equipment leaving the site each trip.
Unpaved Roads:
-- Apply water twice daily or chemical soil stabilizers
according to manufacturers' specifications to all
unpaved parking or staging areas or unpaved road
surfaces.
-- Traffic speeds on all unpaved roads to be reduced to
15 mph or less.
-- Pave construction roads that have a traffic volume of
more than 50 daily trips by construction equipment,
150 total daily trips for all vehicles.
-- Pave all construction access roads at 100 feet onto
the site from the main road.
6. NOIB~
Siqntftcan~ ~fects
During Phase I, the maximum construction noise levels would range
from 78-83 dBA at the closest residence. In Phase II, the levels
would range from 78-86 dBAdepending on the location of the residence
impacted. These impacts are considered potentially significant,
although temporary.
Findin~
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment.
Fa~tS in SuDDO~t o~.....Yin4.tnq
The following measures will mitigate the identified construction
noise impacts to a level considered less-than-significant:
· Construction activities shall be limited to between 7:30
a.m. and 6:00 p.m. Monday through Saturday. No work to be
accomplished on Sunday or holidays.
· Construction equipment shall be fitted with modern sound
reduction equipment.
· Temporary Construction barriers shall be used when
construction activities are within 200 feet of any noise-
sensitive uses, such as residences.
· Construction related heavy truck trips (three or more axles
or over 26,000 pounds) shall be limited to between 8:00 am
and 2:00 pm, Monday through Friday.
19
7, BIOLOGICAL RESOURCES
S~qn~ficant B~fects
Implementation of the proposed project may disturb or destroy active
burrowing owl nests. Although this species is not currently
inhabiting the site, potential burrows are present. Therefore, it is
possible that burrowing owls could occupy the site prior to beginning
construction. This impact would occur with development of the
cottage units on the 10.6 acre parcel. Loss of an active burrowing
owl nest would be considered a significant impact.
Findin~
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment and those changes or alterations are
within the responsibility and jurisdiction of another public agency
and have been, or can and should be, adopted by that other agency.
Facts in SueDoft of Finding
The following measures will mitigate the identified active burrowing
owl nest impacts to a level considered less-than-significant:
· The applicant shall notify and consult with CDFG regarding
potential disturbance to burrowing nests.
· If grading is proposed during the burrowing owl nesting
season (March-August), a focused survey for burrowing owls
shall be conducted by a qualified raptor biologist in order
to identify active nests in areas potentially impacted by
project implementation. Mitigation to avoid disturbance or
removal shall be prepared by the project applicant and
approved by CDFG. There are commonly adopted mitigation
measures concerning burrowing owls, including relocation.
Significant Effects
Implementation of the proposed project would disturb less than one
acre of riparian woodland. Riparian woodland is considered a
sensitive habitat by CDFG. This area is relatively undisturbed and
provides suitable habitat for many wildlife species. Loss or
disturbance of riparian woodland would be considered a significant
impact.
Findin~
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment and those, changes or alterations are
within the responsibility and jurisdiction of another public agency
and have been, or can and should be, adopted by that other agency.
Facts in SuppOrt of Findinq
2O
As a result of the Final EIR public hearing process, the applicant
prepared a schematic plan illustrating design-related mitigation
measures recommended in the Draft EIR. One of these measures (3.9-
7b), recommends the shift of the internal roadway located along the
eastern periphery of the project site and out of the riparian area.
This measure reduces potential impacts to riparian habitat and
potential jurisdictional wetlands.
The following measures will mitigate the identified impact to a level
considered less-than-significant:
· Wherever possible, a 100-foot "buffer (non-development set
back) area or buffer of such other dimension as is approved
by the California Department of Fish and Game shall be
established form the outer edge of the riparian habitat.
Within this buffer area native species will be allowed to
regenerate and additional riparian vegetation will be
planted. This will ensure that there is net gain of
riparian woodland.
· All riparian habitat not proposed for development adjacent
to riparian habitat shall be protected form construction
activities and left in existing vegetation. Where riparian
vegetation occurs within 100 feet of areas planned for
grading, four-foot tall plastic fencing will be placed at
the edge of the protected habitat. This fencing shall
remain in place until construction is completed. During
construction, debris, waste dirt, or rubble shall not be
deposited in riparian habitat.
· To the maximum extent possible, revegetation shall use
native riparian stock (cuttings) collected form the site.
During the vegetation process, tree survival shall be
maximized using gopher cages, deer screens, regular
maintenance and replanting as needed. Revegetation of
riparian vegetation shall be supervised by a certified
arborist.
· Night lighting associated with the proposed project shall
be directed away from the riparian corridor, to minimize
disruption to nocturnal wildlife activity.
Significant Zffects
Implementation of the proposed project may remove or degrade ACOE
jurisdictional wetlands, including the seasonal riparian drainage and
a small, intermittent drainage. In addition to removal of wetland
habitat, extensive grading anticipated'with the project could
adversely affect wetlands by increasing sedimentation loads. The
total amount of wetlands expected to be lost cannot be determined
until a detailed wetland delineation is performed, however, it is
estimated the total wetland loss would be less than one acre. This
impact would occur with Phase I and II of the proposed development.
The potential loss of jurisdictional wetlands is considered a
significant impact.
21
Finding
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment and those, changes or alterations are
within the responsibility and jurisdiction of another public agency
and have been, or can and should be, adopted by that other agency.
Facts in Support of Findin~
Implementation of the identified mitigation measures would reduce the
potential loss of wetlands to a level considered less-than-
significant.
· Prior to issuance of a grading permit, a detailed wetland
delineation shall be completed by a qualified biologist to
verify the total amount of jurisdictional wetlands, if any,
that would be affected by the proposed project. The agency
responsible for implementation of this mitigation measure
may be either the ACOE, or CDFG, or both, as explained
below.
· All proposed discharges of dredged or fill material into
waters of the United States must first be authorized by the
ACOE, pursuant to Section 404 of the Clean Water Act. If
wetlands would be affected, either an individual permit or
a nationwide permit may be required, depending on the
amount or fill. If less than acre of jurisdictional
wetlands is to be affected, as is estimated, a nationwide
permit would likely be the type of permit provided by the
ACOE, and mitigation by this agency may not be required.
If a nationwide permit is appropriate, the activity may
already be authorized by ACOE. In addition, the project
proponent may be required to obtain a Section 1600
Streambed Alteration Agreement, negotiated with CDFG.
Either the Section 404 permit or the Section 1600, or both,
may contain conditions that address avoidance or
replacement of affected wetlands. The project applicant
shall coordinate with ACOE/CDFG in developing and abiding
by the conditions of the Section 404 and Section 1600
Streambed Alteration Agreement. These permits/agreements
shall be secured prior to issuance of grading permits.
· In order to lessen impacts to riparian vegetation and
jurisdictional wetlands, the proposed east access road (in
the vicinity of the expanded Villas), shall not encroach
beyond the existing roadway footprint.
8i~nificant 3ffects
Implementation of the proposed project would require removal of
approximately 12 native oak trees with a circumference of 32 inches
or greater (at a height of 24 inches above natural grade). This is
considered a significant impact of project development.
Finding
22
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment.
Facts in sum~ort of Findinq
Following implementation of these measures, the proposed project
would result in the loss of 4 native oak trees (all candidates for
relocation) or 2.5 percent of the total trees.
The following measures will mitigate the identified impact due to the
loss of native oak trees to a level considered less-than-significant:
· All oak trees that would be affected by the proposed
project shall be identified prior to issuance of a building
permit. All coast live oak and valley oak trees shall be
avoided to the extent feasible.
· The project applicant shall receive a tree removal permit
form the City of Saratoga Community Development Director
prior to removing any oak tree having a main stem or trunk
which measures 32 inches or greater in circumference (at a
height of 24 inches above natural grade). The application
shall contain the number and location of each tree to be
removed, the type and approximate size of the tree, the
reason for removal, and such additional information as the
Community Development Director may require.
· Replacement ratios and other revegetation plans to
compensate for the oak trees removed shall be incorporated
into a oak tree restoration plan. A replacement ratio of
5:1 for all native trees is recommended. Compensation for
the removal of oak trees shall be incorporated into the oak
tree restoration plan. This plan shall be prepared by a
qualified restoration ecologist and approved by the City of
Saratoga Community Development Director. Replacement trees
shall be planted within the riparian buffer area or in
other designated open space.
· Trees not approved for removal that are within 200 feet of
grading activities shall be protectively fenced five feet
beyond the dripline and root zone of each (as determined by
a certified arborist). This fence which will prevent soil
from being pushed down beneath the canopies or over the
root collars, shall be maintained until all construction
activities are completed. No grading or trenching shall be
allowed within this area and construction equipment and
debris shall be excluded. Protection for oak trees on
slopes and hillsides will also include installation of a
silt fence. This silt fence shall be installed at the base
of the protective fence to prevent any soil from drifting
down over the root zone. Construction equipment and debris
shall be excluded from the dripline of each tree.
· Within landscaped area, preservation of coast live oaks
considered in good condition shall be ensured by adopting
23
proper maintenance procedures. These procedures shall be
determined by a certified arborist but may include
mulching, end-weight removal, and application of a sub-
surface fertilizer. All pruning and maintenance procedures
shall be done under the direct supervision of a certified
arborist.
Si~nificant Effects
After build-out, additional impacts are anticipated because of the
site's increased human population and urbanization. These indirect
impacts would include degradation and removal of sensitive habitats,
such as discharge of polluted water into wetlands and increased human
disturbance of native vegetation. These impacts would occur
following completion of all phases of development. The cumulative
effect of these impacts is considered significant.
Finding
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment.
Facts in Su~Dor~ o~....Fi~di~g
The following measures will mitigate the identified impact to a level
considered less than significant:
· All grading plans shall include measures to minimize
erosion and runoff into wetlands. Appropriate runoff
controls such as berms, storm grates, detention basins,
overflow collection areas, filtration systems, and
sedimentation traps will be implemented on the project area
to control siltation and the potential discharge of
pollutants into wetlands.
· In accordance with the NPDES permit requirements, the
project applicant shall prepare a Stormwater Pollution
Prevention Plan [SWPPP). Best Management Practices will be
used to maintain downstream water quality.
· Permanent measures, such as protective fencing and warning
signs shall be taken to reduce human usage and degration of
sensitive habitats due to increased urbanization.
8. PUBLIC SERVICES, UTILITIES ANDFACILITIE8
Signill;ant Bff®;t2
Because of the higher degree of risk due to the age of the residents,
the impact of the proposed project on fire protection services is
considered significant by the Saratoga Fire District.
Finding
Changes or alterations have been required in, or incorporated into,
24
the project which mitigate or avoid the significant environmental
effects on the environment.
Facts in SuNport of Findin~
The following measures will mitigate the identified impact to fire
protection services to a level considered less-than-significant:
· Fire hydrants shall be installed and charged by the
applicant, as required and approved by the Fire District.
· The applicant shall submit an emergency fire access plan to
the Fire District for review and approval to ensure that
service to the site is in accordance with Fire District
service requirements. Fire access roads shall be provided
for each facility to ensure that firefighting or rescue
operations will not be impaired. The access plan shall be
based on the requirements of the 1991/1994 Uniform Fire
Codes (Division II, sec. 10.201, sec. 10.204) and Part III,
Article 9 of the 1994 Uniform Fire Code.
· Plans shall indicate that all buildings, shall have
sprinklers installed in accordance with the Saratoga
Municipal Code and the Uniform Fire Code. Said sprinklers
shall be installed prior to each final building and zoning
inspection.
· The applicant shall submit a Construction Fire Protection
Plan which shall include detailed design plans for
accessibility of emergency fire equipment, fire hydrant
location, and any other construction features.
· Although the Saratoga Fire District has requested the
applicant provide a 1500 GPM aerial fire truck in lieu of
providing additional manpower, there is no substantial
evidence in the EIR or the rest of the public record to
support the District's request. The District also
indicated that the project would require a 24-hour, on-site
emergency advanced life support (ALS) capability. Based
upon the analysis contained in the EIR and the information
provided by the Fire District in the Draft and Final EIR,
the following mitigation measure is supported by the Draft
EIR facts, and will mitigate the identified impacts to
medical response services:
· Prior to the issuance of building permits for Phase
II, the applicant shall agree to provide 24-hour, on-
site emergency medical service at the Health Care
Center. This service should be capable of providing
emergency advanced life support (ALS) to the
residents. The addition of 24-hour ALS will ensure
adequate emergency medical response service after
completion of the project.
Significant Effects
25
The proposed project will result in net increase in demand of 51,507
gpd for the Odd Fellows Master Plan Project. This is considered a
potentially significant impact of project implementation since it
results in an increased demand for domestic water.
Finding
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment.
Facts in SuODort of Finding
The following measures will mitigate the identified water demand
impact to a level considered less-than-significant:
· The applicant shall submit to the Community Development
Department plans for review and approval which shall ensure
that water conservation measures are incorporated. Among
the water conservation measures to be shown on the plans
and implemented by the applicant, to the extent applicable
within the Master Plan area include, but are not limited
to, the following:
-- Use of low-flow sprinkler heads in irrigation systems.
-- Low-flow fittings, fixtures, and equipment, including
low flush toilets and urinals.
-- Use of reclaimed water for irrigation when it becomes
available.
-- Use of efficient irrigation systems such as drip
irrigation and automatic systems which use moisture
sensors.
-- Use of low-flow shower heads in apartments.
-- Water efficient ice-machines, dishwashers, clothes
washers and other water-using appliances.
-- Use of water-conserving landscape plant materials
wherever feasible.
9. CULTUR~LI~SOURCE8
Significant Effects
Based on the prcject's location on a midslope terrace between two
natural water courses, there is the possibility of encountering
Native American and historic cultural resources in the project area
during both Phase I and Phase II. This is considered a potentially
significant impact of project implementation.
Finding
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects on the environment
Facts in SuODort of Findin~
26
The following measures will mitigate the identified cultural resource
impacts to a level considered less-than-significant:
Prior to approval of grading plans, the applicant shall submit a
letter to the City's Project Planner identifying the certified
archaeologist that has been hired to ensure that the following
actions are implemented:
· The archaeologist must be present at the pregrading
conference in order to establish procedures for temporarily
halting or redirecting work to permit the sampling,
identification and evaluation of artifacts if potentially
significant artifacts are uncovered. If artifacts are
uncovered and determined to be significant, the
archaeological observer shall determine appropriate actions
in cooperation with the applicant for exploration and/or
salvage.
· Specimens that are collection prior to or during the
grading process will be donated to an appropriate
educational or research institution.
· Any archaeological work at the site shall be conducted
under the direction of the certified archaeologist. If any
artifacts are discovered during grading operations when the
archaeological monitor is not present, grading shall be
diverted around the area until the monitor can survey the
area.
· A final report detailing the findings and disposition of
the specimens shall be submitted to the City Project
Planner. Upon completion of the grading, the archaeologist
shall notify the City Project Planner as to when the final
report will be submitted.
· The applicant shall submit a letter to the City Project
Planner identifying the certified paleontologist that has
been hired to ensure that the following actions as
implemented:
-- The paleontologist must be present at the pregrading
conference in order to establish procedures to
temporarily halt or redirect work to permit the
sampling identification and evaluation of fossils if
potentially significant, paleontological resources are
uncovered. If artifacts are uncovered and found to be
significant, the paleontological observer shall
determine appropriate actions in cooperation with the
applicant for exploration and/or salvage.
-- Specimens that are collected prior to or during the
grading process will be donated to an appropriate
educational or research institution.
-- Any paleontological work at the site shall be
conducted under the direction of the certified
27
paleolontologist. If any fossils are discovered
during grading operations when the paleontological
monitor is not present, grading shall be diverted
around the area until the monitor can survey the area.
-- A final report detailing the findings and disposition
of the specimen shall be submitted to the City Project
Planner. Upon completion of the grading, the
paleontologist shall notify the City Project Planner
as to when the final report will be submitted.
III. 8TATBMBNY OF OV~RRIDIN8 CONSIDSRA~IONS
After extensive review of the entire administrative record, including
the Final EIR, the staff report, and the oral and written testimony
and evidence produced, the City Council finds that specific economic,
legal, social, technological and other considerations, including a
consideration for the provision of employment opportunities for
highly trained workers, justify the approval of this project in spite
of the existence of one unavoidable environmental effect that is
deemed significant and that cannot be completely mitigated to a level
of insignificance.
The sole unavoidable significant environmental effect of this project
that cannot be fully mitigated is a cumulative impact on air quality.
This is summarized in the Draft EIR, Volume I, as follows:
The combined effect of construction of the proposed project
and other cumulative projects in the study area would
contribute to an already existing violation of the ozone
standard and would lead to a short-term significant impact
on regional air quality.
Although lona-termDro~ect-uene~t~d ~; quality impacts
are exp~ected to be minimal due to the relatively small size
of the DroDosed Droject. any increase in emissions of ozone
Drecursors is considered cumulativel~ siqnificant since the
site is in a non-attainment area for ozone.
The City Council further finds that anyone of the overriding
considerations identified herein after is sufficient basis to approve
the Project as mitigated. These specific considerations include the
following:
The present Odd Fellows facility provides a valuable service in
supplying the housing and medical needs of senior citizens. The
existing main building, however, is over 80 years old and is in
some respects functionally obsolete. In order to continue to
provide housing for senior citizens, substantial upgrades must
be undertaken to the main facility; this project incorporates
such upgrades along with an expansion of housing opportunities
for senior citizens.
· The proposed project will provide for housing opportunities for
senior citizens of differing income levels, differing mobility
levels, and differing needs for skilled health care and other
28
assistance with living.
Needs of Saratoga residents will be directly met, since they
will have a first preference for housing as existing residents
of the current facilities and by means of a marketing program
for new units and vacancies in the future.
· The provision of expanded housing for seniors is consistent with
the City of Saratoga's General Plan, which identifies the
special housing needs of seniors as being a significant housing
issue in the City.
· The Odd Fellows project will help to implement and carry out the
following polices and goals of the City's General Plan Housing
Element:
H.1.1 The City shall recognize the changing housing needs of
Saratoga residents.
H.1.2. The City should encourage private development of a
residential stock which will promote opportunities for
housing for Saratoga senior citizens.
H.1.3. The City shall encourage accessibility for the handicapped
in housing and other buildings.
H.1.5. The City shall rely upon the private sector's participation
to satisfy housing needs.
H.1.6. The City should be responsive to new ideas in physical
design and types of construction for meeting housing needs.
H.2.1. The City shall actively encourage conservation and, where
necessary, rehabilitation of existing housing.
H.5.0. Saratoga shall continue to support the State's goal of
providing decent housing and a suitable living environment.
the City of Saratoga held on the . day of ~- _ 6
by the following vote:
AYES: Councilmembers Burger, Moran, Wolfe and Mayor Jacobs
NOES: None
ABSENT: Councilmember Tucker
ATTEST:
~ C~..~.~ .... Mayor
Clerk
29