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HomeMy WebLinkAboutCity Council Resolution 24-014, Certification of the Final Environmental Impact Report for Housing Element Update, etc. RESOLUTION NO. 24-014 A RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL CERTIFYING THE FINAL EIR FOR THE 2023-2031 SARATOGA HOUSING ELEMENT UPDATE, SAFETY ELEMENT UPDATE, AND 2040 GENERAL PLAN UPDATE, ASSOCIATED GENERAL PLAN AMENDMENTS AND ASSOCIATED MUNICIPAL CODE AMENDMENTS; ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS,MITIGATION MEASURES, AND A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, the City of Saratoga (City) is considering a Project consisting of the 2023- 2021 Housing Element Update, which updates the City Housing Element and makes associated updates to the City's General Plan to create new mixed use land use designations and change land use designations of certain sites in the Housing Element Update's Housing Sites Inventory, and amendments to the City's Municipal Code to create new mixed use zoning designations, rezone certain sites in the Housing Sites Inventory, and implement the Housing Element Update; an update to the City's Safety Element; and the 2040 General Plan Updates, which include updates to the City's Land Use, Open Space & Conservation, and Circulation Elements and amendments to the noise contour data and maps in the City's Noise Element; and WHEREAS, the Housing Element, Safety Element, Land Use Element, Open Space Element, Conservation Element, Circulation Element, and Noise Element are required elements of a city's general plan pursuant to Government Code Section 65302; and WHEREAS, in 2018, the City began the process of updating the Land Use, Open Space & Conservation, and Circulation Elements of the City's General Plan (the 2040 General Plan Updates); and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City adopt a housing element for the eight-year planning period of 2023-2031 to accommodate the City's Regional Housing Needs Allocation (RHNA) of 1,712 housing units assigned to the City by the Association of Bay Area Governments, including 454 units affordable to very-low income households, 261 units affordable to low-income households, 278 units affordable to moderate-income households, and 719 units affordable to above moderate-income households; WHEREAS, Government Code Section 65302(g) requires that the City update its Safety Element upon each revision of its Housing Element or local hazard mitigation plan, but not less than once every eight years; WHEREAS, in 2020 the City decided to complete the 2040 General Plan Updates in conjunction with updates to its Housing Element and Safety Element; and Resolution 24-014 Page 2 WHEREAS,the City has prepared an update to the Housing Element that would facilitate development of up to 1,857 resident units on sites in the Housing Element Update Sites Inventory, which is the equivalent of an 8 percent buffer beyond the RHNA, and 738 units from Housing Element Update Programs 1.2-6, 3.2-8, and 4.3-4 promoting housing mobility; and WHEREAS, the City has prepared an update to its Safety Element to address climate change resilience, evacuation planning, and increased risks of wildfire and flooding, and has also prepared the 2040 General Plan Updates; and WHEREAS, on February 28, 2022, the City published and circulated a Notice of Preparation (NOP) and Notice of Public Scoping Meeting on the 2040 General Plan Updates, updates to the Safety Element and Housing Element, and associated changes to the City's Municipal Code necessary to implement the Housing Element. The NOP was posted on the City of Saratoga's website and sent to the State Clearinghouse, applicable responsible agencies, trustee agencies, and interested parties as required by the California Environmental Quality Act(CEQA). A scoping session was held on March 21, 2022 to provide responsible agencies, trustee agencies, and interested parties the opportunity to comment on the scope and content of the environmental analysis to be included in the EIR. Written comments from public agencies and members of the public were accepted during the 30-day scoping period that ended on March 30, 2022; and WHEREAS, on July 19, 2022, the City initiated consultation with 15 Native American tribal organizations and individuals in accordance with California Public Resources Code Section 21080.3.1 (AB 52) and California Public Resources Code Sections 65352.3 to 65352.4 (SB 18). Representatives of the Amah Mutsun Tribal Band of Mission San Juan Bautista,the Rumsen Am:a Tur:ataj Ohlone, and the Tamien Nation responded to these communications from the City. Only the Tamien Nation requested formal consultation under AB 18. On November 1, 2022, the City met with the Tamien Nation Chairwoman who requested to review the proposed Cultural and Tribal Resources mitigation measures in the Draft EIR. As a result of the Tamien Nation's requested consultation, Mitigation Measure CULT-2b (Accidental Discovery of Archaeological Resources) in the Final EIR requires that if during ground-disturbing activities on proposed housing sites archaeological resources are discovered that are determined to be of Native American origin,the Tamien Nation Chairperson will be notified and the Tamien Nation invited to comment on the find; and WHEREAS, on January 27, 2023, the City published and circulated the City of Saratoga 6th Cycle Housing Element Update, Safety Element Update, 2040 General Plan Update, and Associated Rezonings Draft Environmental Impact Report (Draft EIR) (State Clearing Housing No. 2022020707)for a 45-day public review and comment period from January 27,2023 to March 13, 2023, and copies of the EIR were transmitted to the State Clearinghouse, posted on the City's website, and made available at City Hall for review; and WHEREAS, on January 27, 2023 the City published in the Saratoga News a Notice of Availability(NOA)of the Draft EIR,which was mailed and/or emailed to all previously requesting to be notified of the Draft EIR,to those agencies and individuals who received a copy of the NOP; and to members of the public who had indicated interest in the Project through the City's notification platform; and Resolution 24-014 Page 3 WHEREAS, on February 2, 2024, the City issued the Saratoga Housing and Safety Elements,and 2040 General Plan Updates Final Environmental Impact Report(Final EIR Volume) for public review, and posted the Final EIR Volume on the City's website, and a notice of the public hearing date and time was published on the project webpage on February 2, 2024; and WHEREAS,the Final Environmental Impact Report(Final EIR) consists of the Draft EIR (published on January 27, 2023); the Final EIR Volume (published on February 2, 2024) which includes responses to comments on the Draft EIR including comments received on March 14,2023 after the official close of the comment period, and text revisions to the Draft EIR; and all documents incorporated therein; and WHEREAS, postcards providing notice of the February 14, 2024 Planning Commission hearing and the March 20,2024 City Council hearing on the Final EIR and the Project were mailed on January 26, 2024 and January 31, 2024, and notice of those hearings was published on the Project webpage; and on February 2, 2024 and March 8, 2024 notices were published in the Saratoga News; and WHEREAS,the EIR is a program EIR,as authorized by CEQA Guidelines Section 15168, which analyzes the potentially significant environmental effects of the overall development potential of the Project and not the site-specific impacts of any individual development project, the details of which are not known at this time; and WHEREAS, on February 14, 2024 the City of Saratoga Planning Commission held a duly noticed public hearing and voted 6-0-1 to recommend that the City Council: certify the Final EIR as adequate and complete in compliance with CEQA, and as adequate and complete for consideration in making a decision on the merits of the Project; approve the 2023-2031 Housing Element update, the Safety Element update, and the 2040 General Plan Update; and amend the Saratoga Subdivision Code and Zoning Code, including the Saratoga Zoning Map; and WHEREAS, on March 14,2024,the City issued an Errata to the Final EIR identifying and correcting the inadvertent omission of text regarding Impact HYD-1 and Mitigation Measure HYD-1 from Chapter 111, Section IV.H of the Final EIR Volume; and WHEREAS, on March 20, 2024, in response to comments received from the Santa Clara Valley Water District,the City issued an Errata to the Draft EIR and Final EIR to clarify processes and correct outdated information and clerical errors in Section IV..HHydrology and Water Quality and Section IV.O, Utilities and Service Systems of the Draft EIR; and WHEREAS, on March 20, 2024 the City Council of the City of Saratoga held a duly noticed public hearing on the Project consistent with Government Code 65355 and it reviewed and considered the Final EIR, written reports, public testimony, and other information in the record. NOW,THEREFORE,BE IT RESOLVED, that the City Council of the City of Saratoga makes the following findings: Resolution 24-014 Page 4 1. The foregoing recitals are true and correct and are incorporated by reference into this action. 2. Notices of the Planning Commission and City Council hearings on the Draft EIR and Final EIR for the Project were given as required by law and the actions were conducted in accordance with CEQA and the CEQA Guidelines; and 3. All individuals,groups,and agencies desiring to comment were given adequate opportunity to submit comments on the Draft EIR and to submit comments on the adequacy of the Final EIR for certification. These opportunities to comment met or exceeded the requirements of CEQA and the CEQA Guidelines; and 4. All comments submitted during the public review and comment period on the Draft EIR have been considered and adequately responded to in the Final EIR Volume, or included in the public record; and 5. The Errata to the Final EIR are incorporated into the Final EIR; and 6. The City Council was presented with all of the documents constituting the Final EIR together with all public comments and testimony on the EIR, and the City Council has reviewed and considered this information and the Final EIR. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga hereby: 1. Certifies that the Final EIR is adequate and complete in compliance with CEQA and CEQA Guidelines,reflects the independent judgment and analysis of the City, and is adequate and complete for consideration in making a decision on the merits of the Project. 2. Adopts the Findings and Statement of Overriding Considerations for the Project, attached hereto as Attachment 1, and incorporated herein by reference. 3. Adopts and incorporates into the Project all of the mitigation measures for the Project that are within the responsibility and jurisdiction of the City that are identified in the Findings. 4. Adopts the Mitigation Monitoring and Reporting Program for the Project, attached hereto as Attachment 2, and incorporated herein by reference. Resolution 24-014 Page 5 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 201h day of March 2024 by the following vote: AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR AFTAB, MAYOR ZHAO NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Yan Zhao ATTEST: Britt Avrit, MMC, City Clerk Resolution 24-014 Attachment 1 FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE CITY OF SARATOGA 6T" CYCLE 2023-2031 HOUSING ELEMENT UPDATE, SAFETY ELEMENT UPDATE, AND 2040 GENERAL PLAN UPDATE AND RELATED MUNICIPAL CODE AMENDMENTS A. INTRODUCTION The City of Saratoga(City),as lead agency under the California Environmental Quality Act (CEQA),Public Resources Code section 21000 et seq and the CEQA Guidelines(Cal. Code Regs. title 14,section 3.5000 et seq.)has prepared the Final Environmental Impact Report(Final EIR)for the City of Saratoga 6th Cycle(2023-2033.)Housing Element Update, including related amendments to the General Plan, rezonings and associated amendments to the City's Zoning and Subdivision Codes;the Safety Element Update;and the 204o General Plan Update(the project), State Clearinghouse No. 2022020707.The Final EIR consists of the Draft EIR(published January 27, 2023),the February 2024 Final EIR,which includes responses to comments on the Draft EIR and text revisions to the Draft EIR, and all documents incorporated therein,the March 14, 2024 Final EIR Errata, and the March 20, 2024 Final EIR and Draft EIR Errata.The Final EIR is a Program EIR, as authorized by CEQA Guidelines Section i5i68,which analyzes the potentially significant environmental effects of the overall development potential of the project and not the site-specific impacts of any individual development project,the details of which are not known at this time. In determining to approve the project,which is described in more detail in Section B.1, Project Description below,the City makes and adopts the following findings of fact and statement of overriding considerations, and adopts and makes conditions of project approval the mitigation measures identified in the Final EIR,all based on substantial evidence in the whole record of this proceeding (administrative record). Pursuant to Section i5ogo(a)of the CEQA Guidelines,the Final EIR was presented to the City Council,the City Council reviewed and considered the information contained in the Final EIR prior to making the findings in Sections B through M, below, and the City Council determined that the Final EIR reflects the independent judgment of the City.The conclusions presented in these findings are based on the Final EIR and other evidence in the administrative record. SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE EIR MARCH 2024 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS These CEQA findings are attached and incorporated by reference into each staff report, resolution and ordinance associated with approval of the project.These findings are based on substantial evidence in the entire administrative record and references to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings. B. PROPOSED PROJECT This section provides a brief project description, identifies project objectives,describes the project alternatives evaluated within the Final EIR, and describes the public review process. 1. Project Description The project is proposed by the City of Saratoga(City)to comply with California Government Code Section 6558o-65589.8,which requires local jurisdictions update the Housing Element of their General Plans every eight years to adequately plan for the regional housing needs of residents of all income groups as well as to comply with laws requiring updates to the City's General Plan and zoning ordinance.The project includes the following components,which together are considered a"project"under CEQA: ■ Housing Element Update.The City's 6th Cycle Housing Element Update involves an update for the 2023-2031 planning period to replace the existing 2015-2023 Housing Element.The 2023-2031 Housing Element establishes policies and programs to further the goal of meeting existing and projected housing needs of all household income levels of the community and provides evidence of the City's ability to accommodate the Regional Housing Needs Allocation (RHNA)through the year 2031, as identified by the Association of Bay Area Governments(ABAG).ABAG assigns housing production goals to every Bay Area jurisdiction in its RHNA,with units identified in four categories of affordability: homes that are affordable to households earning above-moderate, moderate, low, and very-low incomes(includes extremely low income). Upon receiving its RHNA from ABAG, each local government, including the City, must update the Housing Element of its General Plan to show how it plans to meet the housing needs in its community.The RHNA for Saratoga calls for the City to provide for development of a total Of 1,712 housing units during the 2023-2031 period, consisting Of 454 units for very low income households, 261 units for low-income households, 278 units for moderate- income households, and 719 units for above-moderate-income households.Accordingly, the project proposes sites for housing that would facilitate development of up to 1,857 new housing units, including the RHNA allocation and a buffer of 145 housing units (approximately 8%percent)to help allow the City to comply with new"no net loss" provisions of Senate Bill(SB)1.66.The project also includes 738 units from Housing 2 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Element Update housing mobility programs, and 3.84 units from Builder's Remedy applications. All of the project components described above are referred to as the"Housing Element Update." ■ Safety Element Update.The project also includes adoption and implementation of updates to the City's Safety Element.These updates reflect current conditions and address new State requirements for a Safety Element to include climate change and resiliency planning,evacuation planning,and to further address flooding and wildfire hazards.(Government Code section 55302(g)requires that some of these updates be made upon revising the Housing Element).This component is referred to as the"Safety Element Update." ■ 204o General Plan Updates.The City of Saratoga is also updating the Land Use, Open Space and Conservation, and Circulation Elements, and amending the noise contour data and related maps in the Noise Element of the City's General Plan to reflect current conditions, amend inconsistencies, and achieve compliance with current state laws and applicable regional policies.This component is referred to as the"204o General Plan Updates." ■ Associated General Plan Amendments.To implement the Housing Element,the project includes the creation and adoption of three new mixed-use land use designations that would allow for mixed-use residential development at greater densities throughout the city than currently permitted.The City also proposes specific amendments to change the land use designation of certain Housing Sites. ■ Associated Rezonings.To implement the Housing Element Update,the City proposes the creation and adoption of three new mixed-use zoning districts which would allow for mixed-use residential development at greater densities throughout the city than currently permitted. Proposed Zoning Code amendments to implement the Housing Element Update also include adopting new residential design and development standards for mixed use and multifamily residential development,specifying housing types that are permitted uses in several zoning districts, making clarifications regarding design review and conditions of approval, and making conforming amendments. 2. Project Objectives In accordance with CEQA Guidelines Section 1.51.24, an EIR must present a statement of project objectives.The project objectives include the City of Saratoga's housing goals and policies as required by State law and contained within the Housing Element Update,the goals within the Safety Element Update, and the focused objectives of the 204o General Plan Update,detailed below. 3 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Housing Element Update Goals and Policies a. Goal 1: Housing Production and Variety A housing stock comprising a variety of housing and tenancy types at a range of prices, within close proximity to services and opportunity,which meets the varied needs of existing and future city residents, who represent a full spectrum of age, income, and other demographic characteristics. • Policy 1.1: Provide adequate capacity to meet the Sites Inventory for Regional Housing Needs Assessment(RHNA). • Policy 1.2:Allow more multi-family housing through rezoning, lot consolidation incentives, and other programs. • Policy 1.3: Incentivize efficient buildings and conservation. • Policy 1-4: Coordinate with the local water and sewer agencies to assist in planning for adequate water and sewer service. b. Goal 2: Incentivize and Preserve Housing Programs that conserve housing currently available and affordable to lower-income households, and programs that prevent or reverse deterioration in areas exhibiting symptoms of physical decline. • Policy 2.1: Continue to monitor,track, and encourage preservation of affordable housing at-risk of loss or conversion to market rate housing. • Policy 2.2: Connect owners to resources to rehabilitate and improve the condition of existing affordable housing stock. C. Goal 3: Removal of Constraints to the Production of Housing Removal of governmental policies or regulations that unnecessarily constrain the development or improvement of market-rate or affordable housing. • Policy 3.1: Reduce constraints to ADU development process. • Policy 3.2: Periodically review and update the Zoning Ordinance to remove language that constrains development and stay abreast of updates to State law to reduce constraints to emergency shelters, low barrier navigation centers,supportive housing, and group homes. • Policy 3.3: Establish objective design standards to facilitate streamlined project permitting and update existing design guidelines. 4 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS d. Goal 4:Access to Housing Opportunities Promote through community outreach and education housing information and resources designed for persons with special housing needs. • Policy 4.1: Incentivize affordable housing development by leveraging density bonuses. • Policy 4.2:Address the special needs of persons with disabilities, including developmental disabilities, through provision of supportive and accessible housing that allows persons with disabilities to live independent lives. • Policy 4.3: Support extremely low-income households and Saratoga workers through incentive programs. • Policy 4.4:Amend standards for Emergency Shelters to comply with AB 2339. e. Goal 5:Affirmatively Furthering Fair Housing. Promote equal opportunityfor all residents to reside in the housing of their choice regardless of their special characteristics as protected under State and federal fair housing law. • Policy 5.1: Provide for the production of additional affordable housing through market incentives and improvements and developer partnerships. • Policy 5.2: Improve awareness,access, and use of education,training,complaint investigation, mediation services of the fair housing service provider, particularly in areas sensitive to displacement, low-income, racial/ethnic concentration, disability, or other fair housing considerations. • Policy 5.3: Prohibit discrimination in the sale or rental of housing with regard to characteristics protected under State and federal fair housing laws. B. Safety Element Update Goals The goals provided within the updated Safety Element: • Goal SAF-1:A community protected from the impacts associated with land instability and geologic hazards. • Goal SAF-2: Ensure residents and businesses are protected from seismically induced hazards. • Goal SAF-3: Ensure public and private properties are well protected from flooding and flood-induced hazards. • Goal SAF-4: Ensure the community is better equipped to address vulnerabilities associated with urban and wildland fires. 5 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE E I R MARCH zozq EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS • Goal SAF-5:A community that promotes a culture of preparedness and is ready to respond to future natural and human caused hazard events. • Goal SAF-6:A community prepared for future climate related impacts. C.204o General Plan Objectives The broad goals of the 204o General Plan Updates can be distilled into more focused objectives. The focused project objectives for the 2040 General Plan Updates are as follows: • Reflect the goals and vision expressed by city residents, businesses, decisionmakers, and other stakeholders; • Continue to maintain the road network while improving multimodal transportation opportunities; • Protect natural resources, including air,water,energy,wildlife, and scenery,to ensure a high quality of life for current and future residents; • Require new growth and development to have adequate access to all essential public facilities and services; • Maintain fiscal sustainability and continue to provide efficient and adequate public services; and • Address the general plan requirements of State law. 3. Project Alternatives The three project alternatives analyzed in the Final EIR are as follows: �. No Project Alternative: Under this alternative,the project would not be adopted,and the additional development associated with implementation of the Housing Element Update (2,779 housing units)would not occur.The No Project Alternative assumes that the existing Housing Element would continue to be implemented, and there would be no changes to the existing Safety Element, General Plan, or Zoning Ordinance. 2. Preserved Agricultural Land Development Alternative:Under this alternative, 12 of the 24 units associated with development at the Allendale/Chester Housing Site would not be developed as a part of the opportunity sites under the Housing Element Update. 3. Reduced VMT Alternative:This alternative assumes additional dwelling units(428 units) would be developed within the Saratoga Office Center and Gateway Sites areas,with the goal of leading to an overall per capita decrease in vehicle miles travelled. A more detailed description of these alternatives, and required findings, are set forth in Section H: Feasibility of Project Alternatives. 6 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGSAND STATEMENT OF OVERRIDING CONSIDERATIONS 4. Public Review Process a. Environmental Impact Report Pursuant to CEQA and the CEQA Guidelines,the City circulated a Notice of Preparation(NOP) that briefly described the project and the environmental topics that would be evaluated in the EIR.The NOP was published on February 28, 2022, and the public comment period for the scope of the EIR lasted from February 28, 2022,to March 30, 2022.A scoping session was held on March 21, 2022 to provide responsible agencies,trustee agencies, and interested parties the opportunity to comment on the scope and content of the environmental analysis to be included in the EIR. Comments received by the City on the NOP were taken into account during the preparation of the Draft EIR.Comments received included concerns related to:traffic congestion and safety, emergency vehicle access, evacuation access, increased noise, loss of historical ambiance, suggestions for the alternatives analysis,water availability, loss of open land, poor air quality during construction, building heights,waste generated by demolition of existing buildings, school capacity, infrastructure improvements, lack of privacy,the effects of Senate Bill g,further strain on public services and utilities, concerns with concentrating development in North Saratoga, preserving agricultural land, protecting wildlife and creeks, pedestrian and bicycle safety, contaminated soil, and Native American artifact impacts. Comments received from public agencies included Caltrans and the Native American Heritage Commission (NAHC). Caltrans and the NAHC encouraged the use of applicable CEQA regulations related to transportation and tribal consultation.The NOP and the written public review comments are included in Appendix A of the Draft EIR. The City requested a Sacred Lands File(SLF)search from the NAHC on May 26, 2022.On July 5, 2022,the NAHC responded that the SLF search was completed with negative results and provided a list of 1.5 Native American tribal organizations and individuals that may have information about the city.The City of Saratoga completed Native American consultation in accordance with Assembly Bill(AB)52 and Senate Bill(SB)18. (Related communications are included at Appendix C-5 of the Draft EIR). As part of that consultation process,the City sent consultation letters to the 1.5 Native American tribal organizations and individuals on July ig, 2022,via United States Postal Service(USPS) certified mail(Appendix C-5,Table C-5.1.). Follow-up emails were sent on August 2, 2022, and telephone calls were made on September 30, 2022.Three tribes responded: On September 30, 2022,Amah Mutsun Tribal Band of Mission San Juan Bautista Chairperson Irenne Zwierlein during a follow up telephone call requested cultural sensitivity training for construction personnel prior to ground disturbance under the project, appeared to request notification and possible additional consultation with the Tribe if a Native American resource is found in implementing the SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE EIR MARCH 2024 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS project.On September 30, 2022, Rumsen Am:a Tur:ataj Ohlone Chairperson Dee Ybarra indicated that the project was out of their tribal territory and that they do not comment on other tribal territories unless asked to participate by resident groups.On September 30, 2022,Tamien Nation Chairwoman Quirina Geary requested formal consultation under SB 1.8 and the City sent its current general plan,the proposed changes,and the standard mitigation measures for Tribal Cultural Resources.On November 1, 2022, a teleconference meeting was held with Chairwoman Geary. She requested to review the proposed Cultural and Tribal Cultural Resources mitigation measures in the Draft EIR when they were available.As a result of the Tamien Nation's requested consultation, Mitigation Measure CULT-2b(Accidental Discovery of Archaeological Resources)in the Final EIR requires that if during ground-disturbing activities on proposed housing sites archaeological resources are discovered that are determined to be of Native American origin,the Tamien Nation Chairperson will be notified and the Tamien Nation invited to comment on the find. The Draft EIR was made available for public review on January 27, 2023 and distributed to applicable local and State agencies, and transmitted to the State Clearinghouse.Copies of the Draft EIR were also made available for public review at City Hall and on the City's website. Copies of the Notice of Availability of the Draft EIR(NOA)were mailed to all individuals previously requesting to be notified of the Draft EIR, in addition to those agencies and individuals who received a copy of the NOP, and to members of the public who had indicated interest in the project though the City's notification platform. The 45-day public comment period for the Draft EIR ended on March 13, 2023. Only one local/State agency provided comments on the Draft EIR during the public review period. The Final EIR was issued for public review on February 2, 2024, and was distributed to appropriate state and local agencies and made available for public review at City Hall and on the City's website.Chapter 2 of the Final EIR provides responses to the comments received during the comment period on the Draft EIR. The Draft EIR analyzed the development of up to 1.,994 housing units, a scenario slightly different from what is currently proposed in the Housing Element Update.As a result of changes to projected accessory dwelling unit(ADU)development and corrections to the number of units under pipeline/pending projects and vacant sites in the currently proposed Housing Element Update, in the February 2024 Final EIR,the revised project numbers decreased the housing units in the Housing Element Update Sites Inventory by 1.37 units to 1,857 units. Furthermore,the currently proposed Housing Element Update includes and the Final EIR analyzes Housing Mobility programs to increase housing throughout single-family residential neighborhoods in Saratoga. These programs could facilitate an additional 738 units.The units associated with the Housing Mobility programs are in addition to residential units in the Housing Element Update Sites Inventory, since it is unknown exactly where the duplex/triplex units will develop and when units 8 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES EIR EXHIBIT—CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS associated with this program and units on the religious sites would occur. Since the first draft of the Housing Element released,the City has also received two applications for Builders Remedy projects on existing sites in the Housing Element Update Housing Sites Inventory(Pierce Road and Allendale/Chester)which if approved, could add a total of 184 additional units at buildout.To be conservative,the Final EIR uses a total unit count of 2,779 for its analysis as shown in Table 1. This table includes the Housing Mobility units along with the increase in units proposed in the Builder's Remedy applications for the Sites Inventory. TABLE 1 TOTAL UNITS ANALYZED Unit Type Units RHNA w/Buffer 1,857 Housing Mobility Programs Conversion to Duplexes and Triplexes 200 Religious Institutional Sites 500 Modify Senate Bill 9 Regulations 38 Builders' Remedy Projects (Additional Units) Allendale/Chester +175 Pierce Road +9 Total 2,779 Note:The Allendale/Chester site has 40 low-income and 159 above- moderate income units proposed in the Builders Remedy application (1 99 total).The Pierce Road site has 5 low-income and 16 above- moderate income units proposed in the Builder's Remedy application (21 total). Analysis of these units are included in the Final EIR to present complete information. Source: City of Saratoga Community Development Department, 2024. Implementation of the project is conservatively assumed to result in 1,857units in addition to the 738 housing mobility units, and 184 additional units from Builder's Remedy applications,totaling 2,779 units.This level of buildout is unlikely but, in order to be conservative,this EIR uses the maximum buildout in order to fully identify and mitigate potential environmental impacts. City held a series of duly noticed public meetings to gather community feedback on and share information about the 204o General Plan Updates, including a February 27, 2o18 Planning Commission study session on the Land Use Element;a March 13, 2o18joint Planning Commission and Traffic Safety Commission study session on the Circulation Element; March 27, 2o18 and May 8, 2oi8 joint Planning Commission and Parks& Recreation Commission study sessions on the Open Space& Conservation Element; an April 7, 2020 Planning Commission study session on the 204o General Plan Update; and a June 17, 2020 status report to the City Council on the 2040 General Plan Update. 9 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS On February 14, 2024, at a duly noticed public hearing,the Planning Commission recommended that the City Council certify the Final EIR. b. Additional General Plan Update Public Review Process City held a series of duly noticed public meetings to gather community feedback on and share information about the 204o General Plan Updates, including a February 27, 2o18 Planning Commission study session on the Land Use Element; a March 13, 2oi8joint Planning Commission and Traffic Safety Commission study session on the Circulation Element; March 27, 2oi8 and May 8, 2oi8joint Planning Commission and Parks& Recreation Commission study sessions on the Open Space&Conservation Element; an April 7, 2020 Planning Commission study session on the 204o General Plan Update;and a June 17, 2020 status report to the City Council on the 2040 General Plan Update. c. Additional Housing Element Update Public Review Process Recognizing that broad-based community participation is essential to preparing meaningful and implementable housing policy and program,throughout the 2021 and 2022 calendar years the City carried out comprehensive community outreach activities related to the Housing Element update.These activities included: • Creating a special projects webpage within the City's official website to serve as an online landing page for information distribution and public participation efforts related to the Housing Element Update. • Creating a Housing Element E-Newsletter that residents could subscribe to on the City's website. • Holding numerous community meetings on the Housing Element Update. • Mailing physical postcards about the Housing Element Update citywide to over 1.2,000 residential and business addresses. • Creating a video series related to the Housing Element Update that was posted on the City's YouTube page. • Using the City's social media profiles to post information about the Housing Element Update on social media platforms. • Conducting a Housing Element Values Survey. Feedback from these activities was used to identify needs, assess constraints and develop draft programs for the Housing Element Update, and are included in Appendix A of the Housing Element Update. 10 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CECA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS d. Additional Safety Element Update Public Review Process The City's Community Development Department submitted the draft Safety Element Update to the Board of Forestry and Fire Protection for review pursuant to Government Code Section 65302.5(b), and,after review,the Board granted approval of the draft Safety Element Update on September 26, 2023. C. FINDINGS The findings,and statement of overriding considerations set forth below(the"Findings")are made and adopted by the Saratoga City Council as the City's findings under CEQA and the CEQA Guidelines relating to the project.The Findings provide the written analysis and conclusions of this City Council regarding the project's environmental impacts, mitigation measures, alternatives to the project,and the overriding considerations that support approval of the project despite any remaining environmental effects it may have. These findings summarize the environmental determinations of the Final EIR and provide a summary description of and basis for each impact conclusion identified in the Final EIR, describe the applicable mitigation measures identified in the Final EIR,and state the City's findings and rationale about the significance of each impact following the adoption of mitigation measures. A full explanation of these environmental findings and conclusions can be found in the Final EIR, and these findings hereby incorporate by reference the discussion and analysis in the Final EIR supporting the Final EIR's determinations regarding mitigation measures and the project's impacts. In adopting mitigation measures, below,the City intends to adopt each of the mitigation measures identified in the Final EIR.Accordingly, in the event a mitigation measure identified in the Final EIR has been inadvertently omitted from these findings,such mitigation measure is hereby adopted and incorporated into the project in the findings below by reference. In addition, in the event the language of a mitigation measure set forth below fails to accurately implement the mitigation measure in the Final EIR due to a clerical error,the language of the mitigation measure as set forth in the Final EIR shall control unless the change to the language of the mitigation measure has been specifically and expressly explained by these findings.Acronyms used in the mitigation measures shall have the meaning set forth in the Final EIR.The project includes a General Plan policy and amendments to the Subdivision and Zoning Codes requiring compliance with mitigation measures adopted in connection with the General Plan and other plans applicable to a specific application. SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE EIR MARCH 2024 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Sections D and E, below, provide brief descriptions of the impacts that the Final EIR identifies as either significant and unavoidable or less than significant with adopted mitigation.These descriptions also reproduce the full text of the mitigation measures identified in the Final EIR for each significant impact. D. SIGNIFICANT EFFECTS THAT CANNOT BE MITIGATED TO A LESS-THAN- SIGNIFICANT LEVEL The Final EIR identified certain potentially significant effects that could result from the project.As described in greater detail below, after implementation of the identified mitigation measures,the project could result in the following significant and unavoidable impacts,which will be overridden by the specific considerations that are described in this document's conclusion in Section H of this document. 1. Land Use, Agriculture, and Forestry Resources Impact LU-i: Implementation of the project would allow new development in areas of the planning area that are designated Unique Farmland, under Williamson Act contract, or include agricultural zoning. Mitigation Measure LU-i: Farmland Resources.No mitigation identified. Findings for Impact LU-i:The City finds that implementation of the proposed project would result in development of two Hosing Element Update Sites Inventory sites that are currently under Williamson Act Contracts:Allendale/Chester and Marshall Lane Subdivision housing sites. However,the landowners of the Allendale/Chester Housing site submitted their Williamson Act Contract non-renewal notice in September 2o18 such that the contract will expire in 2028.A tentative subdivision map was approved for the Marshall Land Subdivision site on October 6, 2021, prior to the initiation of this project.As part of that approval the Saratoga City Council adopted a resolution for the cancellation of the Williamson Act contract on the site, allowing the cancellation to go into effect once the final subdivision map is issued and all applicable fees are paid.The Allendale/Chester housing site is zoned for agricultural use and has been identified as Unique Farmland by the Farmland Mapping and Monitoring Program (FMMP). Implementation of the proposed project would result in residential development at these sites and would result in a significant and unavoidable land use and agriculture impact. 12 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 2. Transportation Impact TRANS-i: Implementation of the project would generate VMT per resident that is greater than 85 percent of the countywide average VMT per resident. Mitigation Measure TRANS-i:VMT Reduction Measures. Because the project would generate a VMT level (17.98 per resident)greater than the threshold(11.15 VMT per resident), it would result in a significant transportation impact on VMT.Therefore, mitigation measures for the project are required to reduce VMT to below the threshold.The TDMs enumerated below would only apply to residential projects of 10 or more units and to nonresidential projects of 6,000 square feet or more. TRANS-1a: It is assumed that residential sites that generate or attract fewer than 110 trips per day are considered as small projects and would be screened out from further VMT analysis per the OPR guidelines, and mitigation measures would not be applicable to these sites. For sites that would not be screened out as small projects,the Santa Clara County VMT Evaluation Tool should be used to identify measures to reduce VMT to the greatest extent possible.The evaluation tool evaluates a list of selected VMT reduction measures that can be applied to a project to reduce the project VMT.There are four strategy tiers whose effects on VMT can be calculated with the VMT evaluation tool: • Tier 1: Project characteristics(e.g., density, diversity of uses,design, and affordability of housing)that encourage walking, biking and transit uses; • Tier 2: Multimodal network improvements that increase accessibility for transit users, bicyclists,and pedestrians.These improvements include: o Increased bike access. o Improved connectivity by increasing intersection density. o Increased transit accessibility. o Traffic calming measures beyond the project frontage. o Pedestrian network improvements beyond the project frontage. • Tier 3: Parking measures that discourage personal motorized vehicle-trips.These improvements include: o Limited parking supply. o Bike facilities. • Tier 4:TDM measures that provide incentives and services to encourage alternatives to personal motorized vehicle-trips.These measures for residential developments include: o School pool programs. o Bike share programs. 13 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE E I R MARCH 2024 EXHIBIT—CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS o Car share programs. o Subsidized transit program. o Unbundled parking costs from property costs. o Voluntary travel behavior change program. TRANS-ib:The City shall develop a citywide VMT impact fee program.The fee would fund multimodal improvements for safe routes to school, pedestrian improvements like closing sidewalk gaps,widening sidewalks, and adding crosswalks and pedestrian hybrid beacons, bicycle improvements like adding bicycle lanes and bicycle racks,trail improvements,and transit improvements like adding shelters and benches at transit stops in the city. Improved safety and access to alternative modes of travel like biking,walking, and transit have been found to reduce automobile use for several trip purposes like shopping, school pick- up/dropoff, and recreation,and therefore reduce VMT.All new development projects in the city are expected to be required to pay the impact fee. Findings for Impact TRANS-i:The City finds the VMT reduction from these measures included in Mitigation Measure TRANS-1 would vary with each development, and the maximum reduction typically achieved from these measures is approximately 20 percent. This is far less than the average 37.7 percent required to reduce the potential impact to a less- than-significant level. In addition, it may not be possible to apply these standards to projects that are not subject to discretionary review.While all new development projects in the city are expected to be required to pay the proposed VMT impact fee, it is not known whether the projects built with the fee would be sufficient to entirely offset the VMT impact of the project.Therefore,these measures would not be sufficient to reduce the project's significant VMT impact. Mitigation Measure TRANS-1,set forth above, is hereby adopted and incorporated into the project. Mitigation Measure TRANS-i's effectiveness in reducing an individual project's VMT impact to a less-than-significant level cannot be determined in this analysis,and this potential project impact would be considered significant and unavoidable. E. EFFECTS DETERMINED TO BE MITIGATED TO LESS-THAN-SIGNIFICANT LEVELS The Final EIR identified certain potentially significant effects that could result from the project. However,the City finds for each of the significant or potentially significant impacts identified in this section that, based upon substantial evidence in light of the whole record,changes or alterations have been required or incorporated into the project which will reduce these significant iq MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS or potentially significant effects to less-than-significant levels. Adoption of the recommended mitigation measures will effectively make the mitigation measures part of the project. 1. Air Quality Impact AIR-i: Construction of development under the project would generate criteria air pollutant emissions that could potentially affect regional air quality. Mitigation Measure AIR-a.:Construction Controls for Criteria Air Pollutants. For construction of residential projects with more than 13.4 single-family units or zoo multi-family units,the project applicant shall retain a qualified air quality consultant to prepare an air quality analysis that identifies measures to reduce the project's criteria air pollutant and precursor emissions below the Bay Area Air Quality Management District's(BAAQMD's) recommended thresholds of significance. Emission reduction measures may include, but are not limited to,the use of off-road equipment with engines that meet the Environmental Protection Agency's Tier 4 emission standards or engines retrofitted with the most effective Verified Diesel Emissions Control Strategy(VDECS)certified by the California Air Resources Board(CARE). Quantified emissions and identified reduction measures shall be submitted to the City(and BAAQMD if specifically requested)in an air quality analysis for review and approval prior to the issuance of building permits and the approved criteria air pollutant reduction measures shall be implemented during construction. In addition,the project applicant shall prepare a Construction Emissions Minimization Plan (Emissions Plan)that incorporates all recommendations and measures from the air quality analysis referenced above for all identified criteria air pollutant reduction measures(if any). The Emissions Plan shall be submitted to the City(and BAAQMD if specifically requested)for review and approval prior to the issuance of building permits.The Emissions Plan shall include the following: ■ An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number,engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS,the equipment inventory shall also include the technology type,serial number, make, model, manufacturer, CARB verification number level, and installation date. ■ A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. ■ Findings for Impact AIR-i:The City finds that construction activities for future residential developments under the project would generate criteria air pollutant emissions that could 15 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS potentially affect regional air quality.According to the BAAQMD's screening criteria, construction of individual residential developments with more than 114 single-family units or more than 240 multi-family units could potentially exceed the BAAQMD's project-level thresholds of significance for criteria air pollutants.This could have a substantial adverse impact on air quality and is therefore considered a potentially significant impact. Implementation of Mitigation Measure AIR-1 would ensure that the generation of ROG, NOx, PM1o, and PM2.5 emissions from the exhaust of off-road construction equipment and on- road vehicles and fugitive ROG emissions for residential developments under the project would not result in a cumulatively considerable net increase in criteria air pollutants for which the region is in nonattainment. Implementation of Mitigation Measure AIR-1, set forth above,which is hereby adopted and incorporated into the project,will reduce Impact AIR-1 to a less-than-significant level. Impact AIR-2:Construction of development under the project could expose sensitive receptors to substantial concentrations of TACs and/or PM2.5. (LTS) Mitigation Measure AIR-2:The following measures shall be incorporated to reduce this impact: AIR-2a: Residential Construction Controls for Diesel Particulate Matter. In the areas defined as needing"Best Practices"or"Further Study"on the BAAQMD's Planning Healthy Places Map(see https://www.baagmd.gov/plans-and-climate/planning-healthy- places and Figure IV.B-1),for construction greater than 6 months of residential projects with five or more units or commercial development of 1o,000 square feet or more,the project applicant shall apply one of the following two measures: i) The project applicant shall retain a qualified air quality consultant to prepare a Health Risk Assessment(HRA)in accordance with current guidance from the Office of Environmental Health Hazard Assessment to determine the health risks to sensitive receptors exposed to diesel particulate matter(DPM)from project construction emissions.The HRA shall be submitted to the City(and BAAQMD if specifically requested)for review and approval. If the HRA concludes that the health risks are at or below acceptable levels recommended by BAAQMD,then DPM reduction measures are not required. If the HRA concludes that the health risks exceed acceptable levels recommended by BAAQMD, DPM reduction measures shall be identified to reduce the health risks to acceptable levels. Identified DPM reduction measures may include, but are not limited to, equipping select off-road equipment with the most effective VDECS available for the engine type(Tier 4 engines automatically meet this requirement)as certified by CARB or using alternative fuels to diesel (e.g., gasoline, propane, electric). Identified DPM reduction measures shall be submitted to the City for review and approval prior to the issuance of building permits and the approved DPM reduction measures shall be implemented during construction. 16 MARCH 2024 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT—CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS ii) All off-road diesel equipment shall be equipped with the most effective VDECS available for the engine type(Tier 4 engines automatically meet this requirement)as certified by CARB.The equipment shall be properly maintained and tuned in accordance with manufacturer specifications. In addition to performing one of the two options above,the project applicant shall prepare a Construction Emissions Minimization Plan(Emissions Plan)for all DPM reduction measures identified under option i or ii.The Emissions Plan shall be submitted to the City(and BAAQMD if specifically requested)for review and approval prior to the issuance of building permits.The Emissions Plan shall include the following: ■ An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS,the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date. ■ A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. AIR-2b: Residential Emergency Generators. Require all new emergency generators to use best available control technology for air pollutant emissions, such as using engines that meet the Environmental Protection Agency's Tier 4 Final emission standards or are battery- powered. Findings for Impact AIR-2:The City finds that there are currently 17 housing sites in the Housing Element Update Sites Inventory proposed in areas with elevated levels of TACs and/or PM2.5 pollution. Future residential development within the planning area would generate TACs and PM2.5 emissions from vehicle trips and emergency generators(if required), which could substantially contribute to the existing poor air quality in the planning area and expose sensitive receptors to substantial pollutant concentrations.This could have a substantial adverse impact on those areas and sensitive receptors and is therefore considered a potentially significant impact. Mitigation Measure AIR-2 identifies measures to reduce potential exposure of sensitive receptors to Toxic Air Contaminants.These measures could include,as applicable, preparation of a Health Risk Assessment, a Construction Emissions Minimization Plan, or requirements for emergency generators. Implementation of Mitigation Measure AIR-2,set forth above,which is hereby adopted and incorporated into the project,will reduce Impact AIR-2 to a less-than-significant level. 17 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 2. Biological Resources Impact 1310-1:Construction of development under the project to adversely affect riparian areas and other sensitive habitat areas would vary by location. For those identified development sites located near riparian areas,wetlands,or other sensitive habitat, construction activities can result in accidental spills near streams and wetlands that could lead to potential indirect impacts to water quality which could impact sensitive habitats and special-status species(e.g.,California red-legged frog).Artificial light and glare implemented with new development can also impact sensitive bird habitat in riparian areas, potentially influencing nesting behavior. In addition, reflective glass and finishes can result in bird strikes, resulting in bird injury or mortality. (LTS) Mitigation Measure 1310-3.: Reducing Potential Glare and Impacts to Riparian Areas and Birds.The following mitigation measures shall be included as standard conditions of approval: 1310-sa: Prior to issuance of Building Permits for development projects on parcels including a creek or stream or abutting riparian areas or sensitive woodland areas,such as oak woodland, California sycamore woodland, California bay forest, and redwood forest,the applicant shall submit for staff approval,a Lighting Plan for the project's exterior and landscaped areas. Proposed exterior lighting shall be limited to full cut off and shielded fixtures with downward direction illumination so as not to shine on adjacent properties, undeveloped areas,or public right-of-way and all light fixtures must be certified by the International Dark Sky Association. For projects on parcels with intervening development that would block light from the proposed development toward the riparian area,or other sensitive woodland area,this mitigation would not apply. 1310-i.b: New development projects shall use exterior building materials designed to reduce light and glare impacts.The use of bright colors,and glossy, reflective, see-through or glare- producing building and material finishes is discouraged on buildings and structures. No more than 25 percent of the building's exterior may use bright colors and/or glossy, reflective, see- through, or glare-producing materials. In portions of structures that are immediately adjacent to riparian areas or sensitive habitat(i.e., parcels between the proposed development and the riparian area,or other sensitive woodland area),and directly face sensitive habitat,such as woodland areas, riparian habitat, streams, and wetlands,the maximum percent of the building's exterior that may use bright colors and/or glossy, reflective, see-through, or glare-producing materials shall be no more than io percent.The following types of exterior lighting are prohibited: mercury vapor luminaires, searchlights, sky beams, upward-directed fixtures, and aerial lasers.The final design will be reviewed and approved by the City. 18 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES El EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 1310-3.c:The City shall require a biological resource assessment for proposed development on sites with natural habitat conditions that may support special-status species,sensitive natural communities, or regulated wetlands and waters; unless a qualified biologist determines that past and/or existing development has eliminated natural habitat and the potential for presence of sensitive biological resources and regulated waters.The assessment shall be conducted by a qualified biologist to determine the presence or absence of any sensitive resources,which could be affected by proposed development, shall provide an assessment of the potential impacts, and shall define measures for protecting the resource and surrounding buffer habitat, in compliance with City policy and State and federal laws. The assessment shall include an analysis of appropriate direct and indirect impacts associated with the project and infrastructure or other development needed to support the project,such as, but not limited to: ■ Inadvertent entrapment or impingement; ■ Permanent and temporary habitat disturbance,fragmentation,or loss; ■ Loss or modification of breeding, nesting, dispersal and foraging habitat, including vegetation removal, alteration of soils and hydrology, and removal of habitat structural features(e.g., snags, roosts, rock outcrops, overhanging banks, etc.); ■ Loss of connectivity and/or obstruction of movement corridors,fish passage, or access to water sources and other core habitat features; ■ Decreased ability to reproduce or reduced reproductive/ breeding success(loss or reduced health or vigor of eggs or young); ■ Interference with list-species recovery plan(s); ■ Permanent and temporary habitat disturbances associated with ground disturbance, noise, lighting, reflection, air pollution,traffic, or human presence resultant from the project;and ■ Direct mortality(aka"take"). If impacts to sensitive habitat areas are unavoidable, appropriate compensatory mitigation shall be required off-site within Santa Clara County. Such compensatory mitigation shall be implemented through the provisions of a site-specific biological resources study.Whenever a biological resources survey is undertaken to determine the presence or absence of a threatened or endangered species,or of a species of special concern identified by the U.S. Fish and Wildlife Service or the California Department of Fish and Wildlife, require the survey to follow established protocols for the species in question prior to any final determination that the species is absent from the site. i9 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Avoid nests of native birds when in active use to ensure compliance with the State Fish and Game Code and the federal Migratory Bird Treaty Act when construction is initiated on development sites. If initial vegetation removal and site disturbance can't be restricted outside the nesting season (September 1 through January 31), a preconstruction survey for nesting birds shall be conducted by a qualified biologists during the bird nesting season (February i through August 31.).Where an active nest is found on the site, an adequate setback shall be established around any nest of a native bird species when it is in active use until the young have fledged and are no longer dependent on the nest.The nest setback distance shall be defined by a qualified biological consultant with input from the California Department of Fish and Wildlife, with the setback zone fenced or flagged and all construction disturbance restricted from this zone until the qualified biologist has confirmed the nest is no longer in use. Findings for Impact 1310-3.:The City finds that while the project does not directly propose any adverse changes to riparian areas,wetlands, or other sensitive habitats,future development under the project could result in indirect adverse impacts to riparian areas, wetlands,or other sensitive habitat.This could have a substantial adverse impact on these areas and is therefore considered a potentially significant impact. Mitigation Measures BIO- sa and BIO-sb would require that when development is proposed near sensitive riparian or woodland areas, exterior lighting and exterior building materials are designed to reduce light and glare impacts, and BIO-ic would require a biological resource assessment for proposed development on sites with natural habitat conditions that may support special-status species, sensitive natural communities,or regulated wetlands and waters, and would define measures for protecting the resource and surrounding buffer habitat. Implementation of Mitigation Measure B10-1, set forth above,which is hereby adopted and incorporated into the project,will reduce Impact BI0-1 to a less-than-significant level. 3. Cultural and Tribal Cultural Resources Impact CULT-i:Construction of residential development under the project has the potential to adversely affect historic archaeological resources. Mitigation Measure CULT-1:Accidental Discovery of Cultural Resources. If cultural material is discovered during ground-disturbing activities, all work must halt within 50 feet of the find until the qualified archaeologist can determine the significance. No soil shall be exported from within the 50-foot buffer around the find until a determination of significance is made.The qualified archaeologist will then also determine if continued archaeological monitoring,testing,or data recovery is warranted. 20 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Findings for Impact CULT-i:While the project does not directly propose any adverse changes to any archeological, historic, or tribal cultural resources,future development under the project could affect known historical and archaeological resources or previously unidentified historical and archaeological resources, including tribal cultural resources.This could have a substantial adverse impact on those resources and is therefore considered a potentially significant impact. Mitigation Measure CULT-1 would require specific actions should cultural materials be discovered during ground-disturbing activities, including halting all activities within 50 feet of the find and requiring that an archeologist determine the significance of the find and determine if additional actions need to be taken, including continued archaeological monitoring,text or data recovery. Implementation of Mitigation Measure CULT-i,set forth above,which is hereby adopted and incorporated into the project,will reduce Impact CULT-i to a less-than-significant level. Impact CULT-2:Construction of development underthe project has the potential to result in disturbance of sensitive archaeological sites and human remains, including those interred outside of formal cemeteries. Mitigation Measure CULT-2:Archaeological and Human Remains Construction Protocols. The following mitigation measures shall be included as standard conditions of approval for development under the project. ■ CULT-2a:Cultural Sensitivity Training. Prior to the beginning of ground disturbance,a qualified archaeologist shall be retained to develop and deliver a short training presentation that describes what cultural resources may be uncovered during the ground- disturbing phases of the project and actions to take in case of a find.All workers involved in ground-disturbing activities and their direct supervisors must receive this training prior to working on the project. ■ CULT-2b:Accidental Discovery of Archaeological Resources. If potential archaeological material is discovered during ground-disturbing activities on proposed housing sites, all work must halt within 50 feet of the find until the qualified archaeologist can determine the significance. No soil shall be exported from within the 50-foot buffer around the find until a determination of significance is made.The qualified archaeologist will then also determine if continued archaeological monitoring,testing, or data recovery is warranted. If an archaeological resource is determined to be of Native American origin,the Tamien Nation tribal chairperson will be notified, and the Tribe invited to comment on the find. The Tribe may request additional consultation at that time. ■ CULT-2c: Halt Construction Activity, Evaluate Find, and Implement Mitigation. In the event that any previously unidentified cultural resource(historic/archaeological/tribal cultural resources)is uncovered during site preparation, excavation, or other construction 21 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS activity, all such activity shall cease until these resources have been evaluated by a qualified archaeologist and specific measures can be implemented to protect these resources in accordance with Sections 21o83.2 and 21o84.1 of the California Public Resources Code. ■ CULT-2d: Halt Construction Activity, Evaluate Remains, and Take Appropriate Action in Coordination with Native American Heritage Commission. In the event that potential human remains are uncovered during site preparation, excavation, or other construction activity, all such activity shall cease until the remains have been evaluated by the County Coroner within two working days, in accordance with Section 7050.5 of the California Health and Safety Code. If the Coroner determines that the remains are Native American they will contact the Native American Heritage Commission(NAHC)within 24 hours. in accordance with Section 5097.98 of the California Public Resources Code. Findings for Impact CULT-2:While the project does not directly propose any adverse changes to any archeological resources,future development under the project could affect known historical and archaeological resources or previously unidentified historical and archaeological resources, including tribal cultural resources.Additionally,excavation and construction activities under the project may yield human remains that may not be marked in formal burial locations.This could have a substantial adverse impact on those resources and is therefore considered a potentially significant impact. Mitigation Measure CULT-2 identifies standard conditions of approval to be incorporated into development associated with the project, including cultural sensitivity training, steps to be taken should archaeological resources be discovered during construction, and actions to betaken should human remains be discovered. Implementation of Mitigation Measure CULT-2, set forth above,which is hereby adopted and incorporated into the project,will reduce Impact CULT-2 to a less-than-significant level. Impact CULT-3: Construction of development under the project has the potential to impact unidentified tribal cultural resources. Mitigation Measure CULT-3: Implement Mitigation Measures CULT-2. Findings for Impact CULT-3:While the project does not directly propose any adverse changes to any archeological resources,future development under the project could affect known historical and archaeological resources or previously unidentified historical and archaeological resources, including tribal cultural resources.This could have a substantial adverse impact on those resources and is therefore considered a potentially significant impact. Mitigation Measure CULT-2 identifies standard conditions of approval to be incorporated into development associated with the project, including cultural sensitivity 22 MARCH 2024 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS training, steps to be taken should archaeological resources be discovered during construction, and actions to be taken should human remains be discovered. Implementation of Mitigation Measure CULT-3, set forth above,which is hereby adopted and incorporated into the project, will reduce Impact CULT-3 to a less-than-significant level. 4. Geology and Soils Impact GEO-i: New development could result in the potential for destruction of paleontological resources. Mitigation Measure GEO-i: Paleontological Resources during Construction.Should any paleontological resources be encountered during construction activities, all ground- disturbing activities within ioo feet of the find shall be stopped and a qualified paleontologist shall be contacted to assess the situation per Society of Vertebrate Paleontology standards, consult with agencies as appropriate,and make recommendations for the treatment of the discovery if found to be significant. If construction activities cannot avoid the paleontological resources, adverse effects to paleontological resources shall be mitigated as follows: If fossils are discovered during excavation, Principal Paleontologist or his/her designated representative will make a preliminary taxonomic identification.The Principal Paleontologist will then inspect the discovery, determine whether further action is required, and recommend measures for further evaluation,fossil collection,or protection of the resource in place, as appropriate.Any subsequent work will be completed as quickly as possible to avoid damage to the fossils and delays in construction schedules.At a minimum,the paleontological staff will assign a unique field number to each specimen identified; photograph the specimen and its geographic and stratigraphic context along with a scale near the specimen and its field number clearly visible in close-ups; record the location using a global positioning system(GPS), record the field number and associated specimen data (identification by taxon and element, etc.)and corresponding geologic and geographic site data(location, elevation, etc.)in the field notes and in a daily monitoring report;stabilize and prepare all fossils for identification,and identify to lowest taxonomic level. Upon completion of fieldwork,all significant fossils collected will be prepared to a point ready for curation. Preparation will include the careful removal of excess matrix from fossil materials and stabilizing and repairing specimens, as necessary. Following laboratory work,all fossil specimens will be identified to the lowest taxonomic level, cataloged, analyzed, and delivered to an accredited museum repository for permanent curation and storage.The cost of curation is assessed by the repository and is the responsibility of the Project applicant.A report to be submitted to the repository museum documenting the results of the paleontological mitigation monitoring efforts associated with the Project will be prepared by the Principal Paleontologist.The report will include a summary of the field and laboratory 23 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE EIR MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS methods,an overview of the Project area geology and paleontology, a list of taxa recovered, an analysis of fossils recovered and their scientific significance, and recommendations. Findings for Impact GEO-s:While unique geologic features have not been identified in the planning area, many fossil localities have been identified within Santa Clara County, including several localities potentially located within or near the planning area. Development under the project would involve excavation and grading that could encounter and damage unique paleontological resources if appropriate precautions are not taken.This could have a substantial adverse impact on those resources and is therefore considered a potentially significant impact. Mitigation Measure GEO-1 identifies steps to be taken should paleontological resources be encountered during construction activities.These include stopping ground disturbing activities near the find, consultation with a qualified paleontologist to determine if evaluation, collection, or further mitigation is required. Implementation of Mitigation Measure GEO-1,set forth above,which is hereby adopted and incorporated into the project,will reduce Impact GEO-s to a less-than-significant level. One word in the text of Mitigation Measure GEO-i.as it is set forth above in these findings differs the text of Mitigation Measure GEO-i as it is set forth in the Final EIR:the text in these findings uses the term"Project applicant"in the sentence"The cost of curation is assessed by the repository and is the responsibility of the Project applicant,"whereas the text in the Final EIR instead uses the term"Project proponent."To ensure consistency of phrasing with other mitigation measures in the Final EIR,these findings specifically and expressly change the phrase "Project proponent"in this sentence of Mitigation Measure GEO-1 to instead read"Project applicant". 5. Hazards, Hazardous Materials, and Wildfires Impact HAZ-s:Contaminated soil or groundwater in the subsurface of residential development projects could pose a risk of exposure to hazardous materials. Mitigation Measure HAZ-i:The following requirements related to potential hazardous materials contamination would not apply to residential renovations/additions(due to the limited soil disturbance involved with such projects)or properties where past land uses have included only residential or undeveloped open space(i.e., no previous agricultural, industrial, commercial, or transportation related use)and where placement of undocumented fill material has not occurred. Evidence of such past land use must be demonstrated to the City through historic aerial photos, maps, and/or building department records. Prior to the City issuing demolition, grading, or building permits for a proposed redevelopment or development project that would disturb soil(except for residential 24 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES E I R EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS renovations/additions),the project applicant shall prepare a Phase I Environmental Site Assessment(ESA)for the project site and shall submit the Phase I ESA to the City for review. The Phase I ESA shall identify proximity to a freeway or major arterial road an environmental concern due to the potential presence of aerially deposited lead(ADL), and shall identify former agricultural land use as an environmental concern due to the potential presence of agricultural contaminants. If any Recognized Environmental Conditions(RECs)or other environmental concerns are identified in the Phase I ESA,the project applicant shall prepare a Phase II ESA to evaluate the RECs or other environmental concerns and shall submit the Phase 11 ESA to the City for review and approval.The Phase II ESA shall include testing for ADL on any project site that is located adjacent to a freeway or major arterial road and shall include testing for agricultural contaminants including organochlorinated pesticides and arsenic on any project site that has been used for agricultural purposes.Testing for agricultural contaminants shall be performed in accordance with the Department of Toxic Substances Control's(DTSC'S)2oo8 Interim Guidance forSampling Agricultural Properties (Third Revision), or more current guidance from DTSC. Phase I and II ESA reports shall be prepared by a qualified environmental assessment professional and include recommendations for further investigation or remedial action,as appropriate,for hazardous materials contamination. Remedial actions may include, but not necessarily be limited to,the preparation and implementation of a Soil and Groundwater Management Plan, removal of hazardous materials containers/features(e.g., underground or aboveground storage tanks, drums, piping,sumps/vaults), proper destruction of water supply wells, removal and off-site disposal of contaminated soil or groundwater, in-situ treatment of contaminated soil or groundwater, or engineering/institutional controls(e.g., capping of contaminated soil, installation of vapor intrusion mitigation systems, and establishing deed restrictions).The project applicant shall implement the recommendations for additional investigation and/or remedial actions and shall submit to the City evidence of approvals from the appropriate federal, State, or regional oversight agency(ies)for any proposed remedial action prior to the City issuing demolition,grading, or building permits,and following completion of the remedial action and prior to the City issuing a certificate of occupancy. If the project applicant indicates that in theirview regulatory agency oversight/approval is not required for the project based on the findings of the Phase II ESA and/or the proposed remedial actions,then the Phase I and II ESAs and proposed remedial action plans shall be reviewed by a third party qualified environmental assessment professional selected by the City and funded by the project applicant.The third party qualified environmental assessment professional shall either approve of the proposed remedial actions or provide recommendations for further investigation,additional/alternative remediation actions, and/or regulatory agency oversight for the project site,and the recommendations of the third party qualified environmental assessment professional shall be implemented. 2S SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE E I R MARCH 2024 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS If any development projects initiated under the project would require the importation of soil for fill materials, proper sampling of the soil shall be conducted to ensure that the imported soil is free of contamination according to DTSC's 2001 Information Advisory Clean Imported Fill Material, or more current guidance from DTSC.The fill material testing results shall be provided to the City for review and approval prior to the fill material being imported to a project site. Findings for Impact HAZ-i:The disturbance of contaminated soil or groundwater during construction activities could result in impacts to construction workers,the public, and the environment as dust or vapors containing hazardous materials can be released into the environment, movement of contaminated soil can spread contamination to new areas,and construction of landscaping (and in particular stormwater treatment/infiltration features) over areas of contaminated soil or groundwater could increase the leaching of contaminants from soil into groundwater or the migration of contaminated groundwater.This could have a substantial adverse impact on those individuals, areas, and resources and is therefore considered a potentially significant impact. Mitigation Measure HAZ-i.identifies steps to be taken prior to ground disturbing activities.These measures include preparation of Phase I (and potentially Phase II)ESA reports prepared by a qualified environmental assessment professional which would include recommendations for further investigation or remedial action, as appropriate,for hazardous materials contamination. Implementation of Mitigation Measure HAZ-1,set forth above, which is hereby adopted and incorporated into the project, will reduce Impact HAZ-1 to a less-than-significant level. Impact HAZ-2: Residential development located in areas susceptible to wildfire outside of the Wildland Urban Interface zone could expose people and structures to an increased risk of exposure to wildfire. Mitigation Measure HAZ-2: Prior to the start of development under the project,the City shall update the City's WUI(wildland urban interface)zone map to account for the current city limits,which shall include Housing Sites 35 and 38 within the WUI zone.The City shall work with CAL FIRE and the Santa Clara County Fire Department to make future updates to the City's WUI zone map to account for any future changes to the city limits and the updated fire hazard severity zone mapping being prepared by CAL FIRE. Findings for Mitigation Measures HAZ-2: Residential development under the project in areas susceptible to wildfire that are outside of the WUI zone on the City's WUI zone map are not required to comply with the WUI zone-specific Municipal Code requirements.This could create an increased risk of exposure to wildfire for future occupants of such new developments(outside the WUI zone),and can increase the risk of wildfire spreading from or through such new developments to surrounding areas.This could have a substantial adverse 26 MARCH 2024 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS impact on those individuals and areas and is therefore considered a potentially significant impact. Updating the City's WUI zone map as required by Mitigation Measure HAZ-2 to include, as applicable, additional properties within updated City limits and updated mapping prepared by CAL FIRE will result in additional fire safety requirements applying to those properties. Implementation Mitigation Measure HAZ-2,set forth above,which is hereby adopted and incorporated into the project,will reduce Impact HAZ-2 to a less-than-significant level. Impact HAZ-3: Construction,vegetation management,and maintenance/repair activities associated with residential development under the project could expose people and structures to an increased risk of exposure to wildfire. Mitigation Measure HAZ-3:The City shall update its Municipal Code to require that contractors or residents performing construction,vegetation management,and/or maintenance/repair activities in the City's Wildland Urban Interface(WUI)zone(as established in the most current WUI zone map available through the City's Planning Department)implement the following measures to minimize the potential for accidental ignition of construction materials and vegetation:1)store flammable/combustible materials at least 20 feet away from vegetation and buildings; 2)no vehicles or equipment shall be driven or parked in areas where vegetation can contact exhaust systems;3)spark arrestors shall be fitted on all vehicles and equipment and non-sparking tools/attachments shall be utilized when feasible;4)work that generates sparks or flame such as metal grinding, cutting, torching, and welding shall only be performed in areas where vegetation/combustible materials have been sufficiently cleared, combustible materials that cannot be moved are protected,and fire watch and post-work inspection is performed in accordance with the Santa Clara County Fire Department's construction site fire safety requirements; 5)potential spark generating equipment(e.g., mowers, brush cutters, and chainsaws)shall not be used near dry vegetation during periods of heightened wildfire danger including when Red Flag Warnings& Fire Weather Watches are issued by the National Weather Service for the area; 6) an adequate water source and fire extinguishers shall be available nearby at all times for fire suppression;7)fueling of motorized equipment shall not be performed when the equipment is running or hot, or near other sources of heat/sparks(e.g.,vehicle exhaust, cigarettes);and 8)smoking shall not be permitted near areas of dry vegetation or areas of flammable or combustible materials storage. Findings for Impact HAZ-3:The potential for construction,vegetation management, and maintenance/repair activities associated with residential development under the project to increase the risk of starting fires in wildfire prone areas is considered a potentially significant impact. Mitigation Measure HAZ-3 requires the City's Municipal Code to be updated requiring 27 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEOA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS additional measures for those performing construction,vegetation management, and maintenance/repair activities within the City's Wild land Urban Interface(WUI)zone. Implementation of Mitigation Measure HAZ-3, set forth above, which is hereby adopted and incorporated into the project,will reduce Impact HAZ-3 to a less-than-significant level. 6. Hydrology and Water Quality Impact HYD-i: Development under the project could contribute to the impairment of water quality by trash. Mitigation Measure HYD-3.:The City shall install additional full trash capture systems and/or perform optional trash offsets as necessary to ensure ioo percent trash capture for the city prior to the implementation of development under the project.The City shall implement trash capture activities that account for development under the project to ensure that the city maintains too percent trash capture during the operation of developments under the project. Findings for Impact HYD-i:Water quality in Saratoga Creek and San Tomas Aquino Creek is impaired by trash. Development under the project could generate additional trash which could contribute to the impairment of these creeks because the City has not yet achieved soo percent trash capture.This could have a substantial adverse impact on water quality in those creeks and is therefore considered a potentially significant impact. Mitigation Measure HYD- 1 would require installation of a trash capture system,or optional trash offsets,which would ensure the city maintain soo percent trash capture during operation of developments under the project. Implementation of Mitigation Measure HYD-1,set forth above,which is hereby adopted and incorporated into the project, will reduce Impact HYD-1 to a less-than-significant level. 7. Noise Impact NOISE-i:Construction of residential development under the project could generate a substantial temporary increase in ambient noise levels in the project vicinity in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies. Mitigation Measure NOISE-1:Construction Noise Controls.The following noise control measures shall be included as conditions of approval for development adjacent to occupied noise sensitive land uses that would involve any extreme noise generating construction activities(e.g., pile driving [impact or sonic], rock drilling,and/or other activities that could 28 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS generate greater than soo dBA at 25 feet). Sensitive land uses for construction noise shall include residences,schools, places of religious gathering, hospitals, elderly-care facilities, hotels, libraries, auditoriums, parks,and outdoor recreation areas. (a) Construction Noise Management Plan. Prior to approval of construction-related permits, the project applicant shall submit a Construction Noise Management Plan prepared by a qualified acoustical consultant that contains a set of site-specific noise attenuation measures to reduce construction noise levels below soo dB where a sensitive land use is present, in accordance with the City of Saratoga Municipal Code section 7-3o-o6o.The Plan shall be submitted to the City for review and approval and the project contractor(s) shall implement the approved Plan during construction. Potential attenuation measures include, but are not limited to,the following: ■ Erect temporary plywood noise barriers between the equipment and adjacent residential buildings; ■ Implement"quiet"pile driving technology(e.g., silent pile driver or pre-drilling),where feasible in consideration of geotechnical and structural requirements and conditions; ■ Equipment and trucks used for project construction shall utilize the best available noise control techniques(e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically-attenuating shields or shrouds)wherever feasible. (b) Public Notification. Property owners and occupants adjacent to project sites shall be notified in advance by writing of the proposed construction schedule before construction activities commence. (c) Noise Disturbance Coordinator.The project applicant shall designate a"noise disturbance coordinator"responsible for responding to any local complaints about construction noise.The disturbance coordinator shall determine the cause of any noise complaint(e.g.,starting too early, bad muffler,etc.)and shall ensure that reasonable measures are implemented to correct the problem(e.g., potentially including erection of a temporary noise barrier/wall).A telephone number for the disturbance coordinator shall be posted at the construction site. Findings for Impact NOISE-i: Certain construction activities,such as pile driving(impact or sonic)and rock drilling,could generate exterior noise levels that exceed the construction noise standard established in the City's Municipal Code.This could have a substantial adverse impact on nearby receptors and is therefore considered a potentially significant impact. Mitigation Measure NOISE-1 would require noise control measures as a condition of for development adjacent to noise sensitive land uses.These measures would include approval of a construction noise management plan, public notification of the construction schedule, and identification of a noise disturbance coordinator. Implementation of Mitigation Measure NOISE-i,set forth above,which is hereby adopted and incorporated into the project,will reduce Impact NOISE-s to a less-than-significant level. 29 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE E I R MARCH 2024 EXHIBIT—CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Impact NOISE-2:Construction of residential development under the project could generate excessive groundborne vibration levels. Mitigation Measure NOISE-2:Vibration Analysis.Where new development is proposed in the vicinity of vibration-sensitive receptors, such as older masonry structures, people (especially residents,the elderly, and sick), and vibration-sensitive equipment, require a screening level vibration analysis. If a screening level analysis shows that the project has the potential to substantially disturb vibration-sensitive activities or result in vibration damage to structures based on current guidance from the Federal Transit Administration, require a detailed vibration impact assessment prepared by a qualified professional to determine appropriate design standards and methods of construction to avoid potential vibration impacts.The vibration impact assessment shall be submitted to the City for review and approval priorto construction.The recommendations to attenuate vibrations impacts shall be implemented during construction. Potential vibration attenuation measures include, but are not limited to,the following: O Pre-Construction Survey.Prior to the start of construction, a pre-construction survey of potentially affected buildings and/or structures shall be prepared by a structural engineer or other professional with similar qualifications. o Maximum Vibration Level.A structural engineer and, in the case of a potentially affected historic building/structure, a historic architect or qualified historic preservation professional,shall establish a maximum vibration level that shall not be exceeded at each building/structure near the project. o Vibration-Generating Equipment.The vibration impact assessment shall identify all vibration-generating equipment to be used during construction. o Alternative Construction Equipment and Techniques.The vibration impact assessment shall identify potential alternative equipment and techniques,such as use of a vibratory pile driver instead of an impact pile driver,that could be implemented if construction vibration levels are observed in excess of the established standard. o Buffer Distances.The vibration impact assessment shall identify buffer distances to be maintained based on vibration levels and site constraints between the operation of vibration-generating construction equipment and the potentially affected building and/or structure to avoid damage. o Vibration Monitoring.The vibration impact assessment shall lay out the method and equipment for vibration monitoring.To ensure that construction vibration levels do not exceed the established standard,the contractor shall monitor vibration levels at each affected building and/or structure on adjacent properties and prohibit vibratory construction activities that generate vibration levels in excess of the standard. Findings for Impact NOISE-2: Construction activities can result in varying degrees of ground vibration, depending on the equipment, activity, and relative proximity to sensitive receptors. Construction activities could generate groundborne vibration that exceeds the criteria established by the FTA at vibration-sensitive receptors.This could have a substantial adverse 30 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS impact on nearby receptors and is therefore considered a potentially significant impact. Mitigation Measure NOISE-2 would require a vibration analysis where new development is proposed in the vicinity of vibration-sensitive receptors,such as older masonry structures, people(especially residents,the elderly, and sick), and vibration-sensitive equipment.This analysis may identify attenuation measures that could include a pre-construction survey, use of alternative construction equipment or techniques,or vibration monitoring. Implementation of Mitigation Measure NOISE-2,set forth above,which is hereby adopted and incorporated into the project,will reduce Impact NOISE-2 to a less-than-significant level. F. CUMULATIVE IMPACTS An EIR is required to discuss the cumulative impacts of a project when the project's incremental effect is cumulatively considerable.CEQA Guidelines§1513o(a)."Cumulatively considerable" means that the incremental effects of the project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects.CEQA Guidelines§1.5o65(a)(3); Pub. Resources Code§21o83(b)(2). When evaluating cumulative impacts, CEQA allows the use of either a list of past, present, and probable future projects, including projects outside the control of the lead agency, or a summary of projections in an adopted planning document.To determine the project's potential cumulative impacts,the Final EIR considers the effects of the project over the course of the 8-year 6th cycle planning period(2023-2031)in conjunction with growth and development projections contained within adopted local plans as well as the El Paseo and 1.777 Saratoga Ave Mixed Use Village and Costco Westgate projects located in San Jose. For the purposes of analyzing the cumulative analysis of the project,these local plans include the City of Saratoga's General Plan and Municipal Code. The City finds that the project, in conjunction with other foreseeable projects,would not result in cumulatively considerable impacts. G. GROWTH INDUCING IMPACTS An EIR is required to discuss growth inducing impacts,which consist of the ways in which the project could foster economic or population growth,orthe construction of additional housing, either directly or indirectly, in the surrounding environment. CEQA Guidelines§3.5126.2(d); Public Resources Code§211oo(b)(5). Direct growth inducement would result,for example, if a project involves the construction of substantial new housing that would support increased population in a community or establishes substantial new permanent employment opportunities. 31 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE EIR MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS This additional population could, in turn, increase demands for public utilities, public services, roads, and other infrastructure. Indirect growth inducement would result if a project stimulates economic activity that requires physical development or removes an obstacle to growth and development(e.g., increasing infrastructure capacity that would enable new or additional development). It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. CEQA Guidelines§15126.2(d). Section VII.A of the Draft EIR analyzes the growth inducing impacts of the project.As explained in Section I, below,the findings in this Section G are based on the Final EIR,the discussion and analysis in which is hereby incorporated in full by this reference. To accommodate the existing and projected housing needs of the City of Saratoga,the Housing Element is being updated as part of the project to identify 96 housing sites intended to accommodate the potential for 1,857 new residential units located throughout the city. In conjunction with identification of these 96 housing sites,the City will rezone 26 of these sites to allow for residential development or more intense residential development than presently permitted, along with comparable General Plan amendments which will be required to make the land use designations of the sites consistent with the zoning.The Final EIR includes Housing Mobility programs to facilitate an additional 738 residential units. Since the Housing Element was proposed,the city has also received two applications for Builders Remedy projects on existing sites in the Housing Element Update Housing Sites Inventory(Pierce Road and Allendale/Chester) which if approved, could add a total of 184 additional units at buildout.To be conservative,the Final EIR uses a total unit count Of 2,779 for its analysis. Using 2020 U.S. Census data,according to which the average household size in the city of Saratoga is 2.86 persons, development Of 2,779 new housing units under the project would increase Saratoga's population by approximately 7,948 people. However, actual housing units and subsequent population growth is anticipated to be lower than project projections.This is in part because the actual construction of new units will be driven by market forces,the motivation of property owners,subsidies for affordable housing,and other factors outside the control of the City, It is also because many of the new units would be ADUs added to existing residential properties,studio apartments, and one-bedroom apartments, all of which would typically provide a residence for one or two people. Moreover, existing residents of Saratoga would likely take advantage of new housing opportunities in the city,which would not add to the city's population. Additionally, due to the project being proposed and implemented to meet the City's RHNA requirements as determined by the State Department of Housing and Community Development (HCD)and ABAG for the 2023-2031.planning period, housing sites identified as part of the project were identified as consistent with HCD guidance which requires the locating of housing sites according to certain standards.Accordingly, housing sites identified by the project are located within existing urbanized parts of the city, in proximity to existing or planned infrastructure. 32 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS Additionally, as described within the various subsections of Chapter IV, Environmental Setting, Impacts, and Mitigation Measures of the Draft EIR,the project would accommodate residential growth and associated population growth in accordance with the City's policies for location,type, and intensity of residential development, as set forth in the City's Housing Element and Land Use Element.The project is not fostering or inducing growth; it is planning for and accommodating population growth that is projected to occur in response to ABAG-mandated RNHA requirements.The Final EIR fully analyzes the impacts of all growth contemplated in the project. Secondary or indirect effects associated with this growth do not represent a new significant environmental impact which has not already been addressed in the Final EIR. H. FEASIBILITY OF PROJECT ALTERNATIVES The three project alternatives analyzed in the Final EIR include: ■ Alternative i. No Project Alternative: Under this alternative,the project would not be adopted,and the additional development associated with implementation of the Housing Element Update(2,779 housing units)would not occur.The No Project Alternative assumes that the existing Housing Element would continue to be implemented, and there would be no changes to the existing Safety Element, other elements of the General Plan, or Zoning Ordinance. ■ Alternative 2. Preserved Agricultural Land Development Alternative: Under this alternative,the Allendale/Chester Housing Site would not be developed, and 12 of the 24 units associated with development at this site would not be developed. ■ Alternative 3. Reduced Vehicle Miles Traveled(VMT)Alternative:This alternative assumes additional dwelling units(428 units)would be developed within the Saratoga Office Center and Gateway Sites areas. The Final EIR includes detailed analysis on the potential impacts of each alternative by environmental topic.After reviewing the Final EIR and other relevant information in the administrative record,the Council determines that the three alternatives are infeasible.The reasons for rejecting each alternative are discussed in this section.The reasons for rejecting each alternative are independent and each reason alone is sufficient to support a determination that the alternative is infeasible. 33 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 1. Alternative 1: No Project/No Build Alternative a. Description Under the No Project Alternative,the proposed project would not be adopted;therefore,the existing regulatory documents would continue to be in effect.The No Project alternative would include development that could occur even without the adoption of the project.The existing Housing Element(2015-2023) identifies a RHNA of 439 units.Approximately 225 units were developed under the last Housing Element cycle, leaving 23.5 units to be developed during this cycle. Under the No Project Alternative, any residential development would occur under the existing zoning;no new zoning districts would be developed or adopted under this alternative. Mitigation measures would not be applicable to this alternative. However, implementation of mitigation measures may be proposed on a project-by-project basis as necessary and feasible. It should be noted that if the City were to adopt the No Project Alternative, it is possible that additional development would be constructed under a provision of the California Housing Accountability Act(HAA)called the"Builder's Remedy."If a municipality does not have a Housing Element certified by HCD,the HAA allows developers of affordable housing projects(i.e., projects with at least 20 percent low-income or ioo percent moderate-income housing)to bypass the zoning code and General Plan requirements of cities that are out of compliance with the Housing Element Law.This can result in development that exceeds adopted development standards(e.g., height and density standards)and a city would have a very limited ability to deny qualifying housing development projects.Thus,the City would have little to no influence regarding the location, size,and density of proposed developments.Furthermore, if the City were to adopt the No Project Alternative,the City could face a legal challenge and could be ordered by a court to adopt a new Housing Element. For these reasons,the No Project Alternative is legally infeasible. Given the speculative nature of determining the amount of housing that could occur under a Builder's Remedy situation,this alternative includes an analysis of the 215 units, as described above. b. Comparison to Project The No Project Alternative would not achieve, or would achieve to a lesser degree,the following project goals and objectives: ■ Housing Element Update Goal is Housing Production and Variety-A housing stock comprising a variety of housing and tenancy types at a range of prices,within close proximity to services and opportunity,which meets the varied needs of existing and future City residents,who represent a full spectrum of age, income, and other demographic characteristics. 34 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS ■ Housing Element Update Goal 3: Removal of Constraints on the Production of Housing- Removal of governmental policies or regulations that unnecessarily constrain the development or improvement of market-rate or affordable housing. ■ Housing Element Update Goal 4:Access to Housing Opportunities-Promote through community outreach and education housing information and resources designed for persons with special housing needs. ■ Housing Element Update Goal 5:Affirmatively Furthering Fair Housing- Promote equal opportunity for all residents to reside in the housing of their choice regardless of their special characteristics as protected under State and federal fair housing law. ■ Safety Element Goal SAF-i:A community protected from the impacts associated with land instability and geologic hazards. ■ Safety Element Goal SAF-2: Ensure residents and businesses are protected from seismically induced hazards. ■ Safety Element Goal SAF-3: Ensure properties are well from flooding and flood induced hazards. ■ Safety Element Goal SAF-4: Ensure the community is better equipped to address vulnerabilities associated with urban and wildland fires. ■ Safety Element Goal SAF-5:A community that promotes a culture of preparedness and is ready to respond to future natural and human caused hazard events. ■ Safety Element Goal SAF-6:A community prepared for future climate related impacts. ■ 204o General Plan Objectives:Address the General Plan requirements of State law. c. Findings The No Project Alternative requires that future development be developed in accordance with the 2015-2023 Housing Element and under existing zoning. Under the No Project Alternative, impacts related to the intensity of residential development, location of new residential units, and increase in height associated with the new zoning districts would generally be reduced, compared to those of the proposed project.And specifically, under the No Project Alternative, impacts to agricultural resources would be reduced to less than significant,whereas the proposed project would have significant and unavoidable impacts on agricultural resources However, implementing the No Project Alternative would result in a total net reduction in development potential by 2,564 units and a 1,497-unit shortfall of the City's 61h Cycle RHNA obligation. Failure to meet the City's 6`Cycle RHNA obligation would result in noncompliance with State law and could subject the City to a range of penalties including legal suits and attorney fees, loss of permitting authority,financial penalties, court receivership, and streamlined 35 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS ministerial approval processes.Additionally,the No Project Alternative would not meet several of the project objectives set forth in the Draft EIR. For the foregoing reasons,Alternative is No Project/No Build Alternative is hereby rejected as infeasible. 2. Alternative 2: Preserved Agricultural Land Development Alternative a. Description Under the Preserved Agricultural Land Development Alternative(Preserved Ag Land Alternative), 12 of the 24 units associated with development at the Allendale/Chester Housing Site would not be developed as a part of the opportunity sites under the Housing Element Update—the existing underlying zoning allows for development of 12 units on the Allendale/Chester Site upon expiration of the Williamson Act contract, and that existing zoning would continue to apply under this Alternative. However,all other sites identified within the Housing Element Update would be developed, and all the components of the project would be adopted.Development under this alternative would result in the construction of 2,755 dwelling units over the next eight years, which would still fulfill the City's RHNA obligations, but would reduce the buffer built into the Housing Sites Inventory and would result in fewer parcels available for development. b. Comparison to Project The Preserved Agricultural Land Development Alternative would achieve to a slightly lesser degree than the project the following project goals and objectives: ■ Housing Element Update Goal is Housing Production and Variety-A housing stock comprising a variety of housing and tenancy types at a range of prices,within close proximity to services and opportunity,which meets the varied needs of existing and future City residents,who represent a full spectrum of age, income, and other demographic characteristics. o Policy i.i: Provide adequate capacity to meet the Sites Inventory for Regional Housing Needs Assessment(RHNA). This alternative would allow the city to meet its 6th Cycle RHNA obligations,though with less margin for development of some sites at lower than maximum densities.This alternative would result in 12 fewer housing units identified for development than the project and would thus achieve this objective to a slightly lesser degree. 36 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS c. Findings The Preserved Agricultural Land Development Alternative would not develop 12 of the 24 units associated with the Allendale/Chester Housing Site as a part of the opportunity sites underthe Housing Element Update. Under the Preserved Ag Land Alternative, impacts on agricultural resources related to the development of the 24 residential units on the Allendale/Chester Housing Site would be reduced to less than significant, whereas the proposed project would have significant and unavoidable impacts on agricultural resources. Presently,the Allendale/Chester Site is under a Land Conservation Contract(Williamson Act Contract).This contract between the site's property owner and the City of Saratoga limits the permitted use of the site to agricultural uses. However, in September 2o18,the property owner of the Allendale/Chester Housing Site notified City staff of their intent to non-renew their Williamson Act Contract for the site.Accordingly,the Allendale/Chester site was identified as an adequate housing opportunity site in the City's 61h Cycle Housing Element. The Williamson Act Contract restrictions will no longer be in effect after 2028 and the site would be subject to development under the existing underlying zoning allowing 12 units and the accompanying loss of open space, inconsistent with the purpose of this Alternative. Implementation of the Preserved Agricultural Land Development Alternative would result in a total net reduction in development potential by 12 units at buildout when compared to the project and would not provide for long term protection of the agricultural uses. For the foregoing reasons,Alternative 2: Preserved Agricultural Land Development Alternative is hereby rejected as infeasible. 3. Alternative 3: Reduced VMT Alternative a. Description This alternative assumes 428 units additional to the project would be developed within the Saratoga Office Center and Gateway Sites areas in the northern part of the city along Saratoga Sunnyvale Road,which is a major arterial roadway.All inventory sites within the Housing Element Update would be developed, and all the components of the project would be adopted. Development under this alternative would result in the construction of 3,207 dwelling units over the next eight years.This alternative assumes that the Gateway and Office Park parcels would be rezoned,as necessary,to allow for the development of the additional 428 units.This alternative would result in an increase in population within the city compared to the project but would likely result in a decrease in overall VMT per capita given that the additional parcels to be developed 37 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS are located in northern areas of the city near commercial and service areas and transit lines, where residential VMT is low when compared to the southern areas of the city. b. Comparison to Project The Reduced VMT Alternative would achieve all the project objectives and would result in a greater amount of residential development than the proposed project. c. Findings This alternative could result in 3,207 units in total, a total net increase of 428 units when compared to the project. Under this alternative,the City would exceed its RHNA obligations by 1,495 units. However,this alternative would not result in the reduction of any significant impacts to a less-than-significant level.Additionally,given the overall increase in development associated within this alternative, implementation of this alternative would likely result in slightly greater impacts than the proposed project in areas other than VMT. For the foregoing reasons,, Alternative 3: Reduced VMT alternative is hereby rejected as infeasible. 4. Environmentally Superior Alternative In addition to the discussion and comparison of Alternatives, Section 15126.6(e)(2)of the CEQA Guidelines requires that an"environmentally superior"alternative be selected and the reasons for such a selection be disclosed.The environmentally superior alternative is the alternative that would be expected to create the least significant environmental effects. Identification of the environmentally superior alternative is an informational procedure and the alternative selected may not be the alternative that best meets the goals or needs of the City. Typically,the No Project Alternative is considered the environmentally superior alternative in the strict sense that environmental impacts associated with implementation of the proposed project would result in the least amount of development of all the alternatives examined. However, as noted previously, adoption of a No Project Alternative would not result in HCD certifying the City's Housing Element, which would allow for additional development under the Builder's Remedy. Given the speculative nature of the timing and type of development that could occur under the Builder's Remedy,this alternative's analysis only looked at the potential environmental impacts associated with the remaining RHNA under the existing Housing Element. However, it should be noted that additional unanticipated development could occur if the City does not have a Housing Element for the current 2023-2031 planning period that substantially complies with State Housing Element Law. 38 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS In cases like this where the No Project Alternative is the environmentally superior alternative, CEQA requires that the second most environmentally superior alternative be identified. Comparison of the environmental impacts associated with each alternative, as described above, indicates that the Preserved Ag Land Alternative(Alternative 2)would represent the next-best alternative in terms of reduced significant environmental impacts.Alternative 2 would result in a slightly reduced level of residential development and associated population growth (a 12 unit reduction), compared to the proposed project, and therefore its impacts associated with population development and growth would be slightly less than the project's. Implementation of Alternative 2 would further result in reduced impacts compared with the proposed project because it has a less-than-significant impact to agricultural resources,whereas the project's impact to agricultural resources is significant and unavoidable. However,Alternative 2 would not fully meet the project objectives set forth above. Alternative 3 is not the environmentally superior alternative because although it would result in slightly lower vehicle miles travelled per capita than the proposed project, overall,Alternative 2 would reduce environmental impacts to a greater extent, because Alternative 2 would reduce the project's impact to agricultural resources to less-than-significant,whereas that impact would remain significant and unavoidable under Alternative 3. For the foregoing reasons,Alternative 2 is considered the environmentally superior alternative. I. INCORPORATION BY REFERENCE These findings incorporate the text of the Final EIR for the project,the MMRP, City staff reports relating to the project, and other documents related to public hearings on the project, by reference, in their entirety.Without limitation,this incorporation is intended to elaborate on the scope and nature of mitigation measures, project and cumulative impacts,the basis for determining the significance of impacts,the determination of the environmentally superior alternative, and the reasons for approving the project. J. RECIRCULATION NOT REQUIRED CEQA Guidelines Section i5o88.5 requires a lead agency to recirculate an EIR for further review and comment when"significant new information"is added to the EIR after public notice is given of the availability of the Draft EIR but before certification. No significant new information was added to the Draft EIR as a result of the public comment process.The February 2024 Final EIR responds to comments and clarifies, amplifies and makes insignificant modifications to the Draft EIR.These modifications include: 39 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE EIR MARCH 2024 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS • Additional details on the project description to reflect housing mobility programs added to the proposed Housing Element Update to address comments received from HCD in July 2023. • Updates to the potential number of residential units to be developed as part of the project, beyond those identified in the Housing Elements Housing Sites Inventory,which resulted updated analysis in the Final EIR. • Text changes to provide clarity to the analysis, make minor text corrections,or fix grammatical or typographic errors. • Text changes in response to comments received on the Draft EIR. • The addition of text to Mitigation Measure 1310-1 to further reduce the impacts of development proposed near sensitive riparian or woodland areas. These revisions do not constitute significant new information regarding the project description, environmental and regulatory setting, conclusions of the environmental analysis, or in the mitigation measures or requirements incorporated into the project to mitigate impacts, or otherwise provide significant new information that would require recirculation of the Draft EIR pursuant to CEQA Guidelines section 3.5o88.5.Changes in the numbers of residential units proposed as part of the project between publication of the Draft EIR and of the Final EIR comes as a result of updates to the draft Housing Element Update in response to HCD comments to achieve substantial compliance with Housing Element Law does not constitute a change in the project requiring recirculation of the EIR.The Final EIR,which includes the updated number of proposed residential units in the project,analyzes the impacts of development associated with implementation of the Housing Element Update at a program level,and does not identify any new significant effects on the environment or a substantial increase in the severity of an environmental impact. For the foregoing reasons, recirculation of the Final EIR is not required. K. RECORD OF PROCEEDINGS Various documents and other materials related to the project constitute the record of proceedings upon which the City bases its findings and decisions contained herein.The City Clerk is designated as the custodian of the documents and record of proceedings.Those documents and materials are located in the City's Clerk's office at Saratoga City Hall, 13777 Fruitvale Avenue, Saratoga, CA 95070. L. STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires the decision-making agency to balance the benefits of a project against its significant unavoidable impacts when determining whether to approve a project. If the benefits 40 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS of the project outweigh its unavoidable adverse environmental effects, under CEQA Guidelines section 15093(a),those effects may be considered acceptable.As set forth above,the City has found that the project will result in significant adverse environmental impacts related to Land, Agriculture, and Forestry Resources, and to Transportation that cannot be avoided following adoption, incorporation into the project, and implementation of mitigation measures described in the Final EIR. In addition,there are no feasible project alternatives that would mitigate or avoid all of the project's significant environmental impacts. Section 15093(b)of the State CEQA Guidelines provides that when the decision of the public agency results in the occurrence of significant impacts that are not avoided or substantially lessened,the agency must state in writing the reasons to support its actions. See also Public Resources Code Section 21o8i(b). Having balanced the economic, legal,social,technological or other benefits of the Project, including region-wide or statewide environmental benefits, against its significant and unavoidable environmental impacts,the City finds that the project's benefits outweigh its unavoidable adverse environmental effects, and that the adverse environmental effects are therefore acceptable. The following statement identifies the reasons why, in the City'sjudgment based on substantial evidence,specific benefits of the project outweigh the significant and unavoidable effects.The substantial evidence supporting the benefits of the project can be found in the preceding sections of these Findings, in the project itself, and in the record of proceedings as defined in Section K, above.The City further finds that each of the project's benefits discussed below is a separate and independent basis for these findings.The reasons set forth below are based on the Final EIR and other information in the administrative record. 1. Comply with state requirements to accommodate anticipated population growth and unmet housing needs. The Housing Element Update promotes development in a manner that would accommodate anticipated population growth for the City and existing unmet need for housing,as required by the City's 6th Cycle Regional Housing Needs Allocation(RHNA).The City is mandated, pursuant to State Housing Element law,to plan for and accommodate the City RHNA Allocation of 1,712 units as part of the 2023-2031 Housing Element.The RHNA, prepared by HCD and ABAG, reflects the number of housing units that must be provided to meet the forecast population growth and the need for housing among the existing population.The Housing Element Update accommodates this population, along with a buffer in the housing inventory. It does this by incorporating goals, objectives, policies,and programs in the Housing Element Update, as well as by making changes to the Land Use Element and Zoning Code necessary to implement programs in the Housing Element Update and to accommodate the development intensity needed to satisfy the RHNA. 41 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 2040 GENERAL PLAN UPDATE E I R MARCH 2O24 EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 2. Facilitate the development of a housing stock comprising a variety of housing and tenancy types which meet the varied needs of current and future residents who represent a full spectrum of age, income, and other demographic characteristics. The project would provide a variety of housing options for Saratoga residents across all income groups.The project accommodates the potential future development of up to 1,857 residential units on sites in the Housing Element Update Sites Inventory, including 472 units affordable for very low-income households, 281 for low-income, 289 for moderate-income, and 815 for above moderate-income.The project also includes units beyond those in the Sites Inventory:738 Housing Mobility units with unknown income levels(zoo new units in duplexes and/or triplexes, 38 SB 9 units,and 5oo units on religious institutional sites)and 184 Builder's Remedy project units at the Allendale/Chester site and Pierce Road site.The Builders Remedy application for the Allendale/Chester site proposes 40 low-income and 159 above moderate income units(199 total) and the application for Pierce Road site proposes 5 low income and 16 above-moderate income units proposed(21 total). 3. Provide zoning for a residential development in close proximity to services and opportunity. Adoption of the Mixed-Use District Zoning Regulations will allow for mixed-use residential development at greater densities,thereby promoting convenience,economic vitality, and quality of life. 4. Improve and preserve existing housing stock. The project will provide adequate,safe, and decent housing for existing Saratoga residents. Through the implementation of Housing Element programs, existing affordable housing stock will be retained,displacement will be prevented, and rehabilitation will occur. S. Improve equal housing opportunities and access to fair housing information. Implementation of the Housing Element objectives will improve the provision of housing opportunities for all people and ensure the sale, rental, or financing or housing is not denied to any individual on the basis of race, ethnicity,sex, national origin, religion, age, or other factors. The project will also ensure improved access to fair housing information such as anti- discrimination regulations and how to file a complaint is provided. 42 MARCH 2O24 SARATOGA HOUSING AND SAFETY ELEMENTS,AND 204o GENERAL PLAN UPDATES EIR EXHIBIT-CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 6. Protect the community from the impacts associated with environmental hazards. Implementation of the Safety Element project objectives will mitigate the potential for loss of life, injury, property damage, and economic and social disruption resulting from natural and human-caused hazards in the community.The City will be more equipped to address issues brought on by climate change and other hazards such as fires,floods, droughts, earthquakes,and landslides. M.SUMMARY The City makes the following findings pursuant to Public Resources Code section 21o8i and CEQA Guidelines section 15o9i: 1. Based on the foregoing Findings and the information contained in the record,the City has made one or more of the following Findings with respect to each of the significant environmental effects of the project: a. Changes or alterations have been required in, or incorporated into,the project that avoid or substantially lessen the significant environmental effects identified in the Final EIR. b. Specific economic, legal,social,technological,or other considerations, make infeasible the mitigation measures or alternatives identified in the Final EIR that would otherwise avoid or substantially lessen the identified significant environmental effects of the project. 2. Based on the foregoing Findings and the information contained in the record,the City determines that: a. All significant effects on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations,above. 43 MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program(MMRP)was formulated based on the findings of the Environmental Impact Report(EIR)prepared forthe City of Saratoga 6th Cycle Housing Element Update,Safety Element Update,and 204o General Plan Update.This MMRP complies with Section i5o97 of the CEQA Guidelines,which requires that the Lead Agency"adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects."The MMRP lists mitigation measures recommended in the EIR and identifies mitigation monitoring requirements. The MMRP table below presents the mitigation measures identified in the EIR necessary to mitigate potentially significant impacts. Each mitigation measure is numbered according to the topical section to which it pertains in the EIR.As an example, Mitigation Measure AIR-i is the first mitigation measure identified in the EIR in Section IV.B,Air Quality. The first column of the MMRP table identifies the mitigation measure.The second column identifies implementation action and responsibility,while the third column identifies the monitoring schedule or timing,and the fourth column names the party responsible for monitoring and the required monitoring action.The fifth column provides a place to record compliance with monitor dates and initials.The City of Saratoga will use these last columns to ensure that individual mitigation measures are monitored. t IT N O M N M u y c a E L u � d � � a+ ctA _ Y o c c _-o � > > '� - c = oO > o- O . c Y Y Q a au ° .L aE c a � aro awa \ O M H C C ry .- � > = LA = C " 'Y C N A w - IA CT Ln 75 aj C 4- C O °'O a O s N O 0 U m ■ ■ C Y O C 0 O E s ` d � v :3 -0a a o me = v O s O ''' •- 01.0 a1u = Y O O O u h E 0-0 01 E C = i w = N ` O F- y d 0 0-0 a, u cs U Y ITS a C ate+ > z o .N ,� 7 Y O g cy.t, C = j s 0 U t u b 01`ro •�NT N 3 Q E O tA 6 u i O gJ O _ z _ roY„ c °- Lnv �°--' ��°u, aoa > � E� `oases' `-Y° ° l7 o f Q rrd v u fl �o ro 0 0 v-Or o ca Y ° "c « u t d C V 0 = � 0„,., " r� yr Q U rn rYY° "-0 ,., .0 b vi C Q a N N E O u Y p - i O O - w O O O E ate, = O rd U E — u ;a a K C �' o = a a ' u E � � $ E aa, ,, Uaw � o E� o aaa, o a v, h u W Z0 IA � 3 w0 ao w v +- Ub0 yl L O L L L -0 E Y C = 0 Y = fTj N W N a N a 7 C a rO 0 N ,+ r0- a ro N�� ` � LL U L Q- L � o � r0 Q!^ y'�--0 W >�H"0 O C a N C N"O.... 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V m O C cd .� vd .3 rd ._, cd ..O E c Y d L d J u E c v� L S E 0 L W = L NL S O a 075 c a M `U` l LNL s Lp a O d > c u N o a p �d 'V r Yam•' d U 4u•.d Y v r Y L d U L O 0 �'` d Y tA _"O d 0 Y J C d ¢ cQUNo � of Yiv+ cadi � cl=J '^ a` � +L�' � o � 2'Na� o ro d p N d =C 40 3 S _w i r- - ` y V v U C O 4-- u� of Y p o-O VI a t d fd V1 L +, Y u _ d d C L L C L +�+ �"' E Y-0 0 C V O d M c aY E Y'O 0 c u rt� ro M a� �-0 p c $ c G d d u V O— L d s �d a d d V V o— 7-p C.•0 N CL d N u L V O— td d '1A 'p i �.0 U c > > �� Q-p U� ,_ d o cL Q� .� Uro E d E C 7 Y r Y Y �„i S p 0 _O p Y 7 Y Y Y y.l 7 C L dJ r Y Y Y Y J d a U 6 C fd C N fd + H C Y u W V 6 C rtS C y cd v a W y 0 � 0 a N i u to °u '0 2 3 i 7 m m 'O C ` Ou vYf u p 2 "O M Y U p— L V of u a 2`.~ z d L L L L L S� ■ d ■ G. ■ C. ■ d ■ dUi ■ u O O O N C_ C Rf of C u V tff d• Y Z µ- ' td ° S d 0 c p c � ,, p 01 _u 3 ,, Y v +• C of d N i.. 3 d O C 0 'L C C .d, }' d 7 td + �u ,Gj ° d O Ln S ocd Y Cw p 0 �— d o d cd C O > > C ace ro °J �dm ° Z '�>> cd O �, ro 5 E o f id p > 3 �n v'a7 d"O p p 0 O td S L d ¢ V V S u�n S -p 'V Q CJ E cd d N x rud ccd �'.V d rd - L Q•'-�J > c o d H w t d o p> a o . w d id d u d H N to tv w O d i Y S= U O zn c v c_,Y E rd o +, O� �' ro 'rnc L �,,, 2 � au o Y dU f Z w '^ c a ro Z v > � j .� '^s p d > Q 0 aJ 3 S Y L l D o j Y aS+ N U p r6 V C a+ u rd V d d U u 0 L a Vf O C Y cad O '_^ 3 cr d a b 0 W m v •> Q ° u id a L a u d Q td d fd �l U L o a v1 w — d C — u C +L' 6 C u E C S_ C L E ate+'i - d 0 v'O ¢ C U. b Y E 7 t d .�4- O O d '� +', \ d V d d �' •� 0 d C'O ++ >, ccd rt V1 0 v • Y 4-'O c O —-p �,•i' E 7 a+ N S °u O > ° •�, c Q O y_ a_+ C d"O C ,F,'p E 'a+ L C u �n N '- C L d u c p— Z Ol VI 3 d! d .E d Z Y �"' C dOl pl O d LA'~ RS d• Y Q b d L L 3 u fd d O Y 4- L C Y - N H 'C V o Z d d! d 0 V d V O C c C00 EM-0 c 0 0 ° y S O E C O i V Y y c O 0 b _ +' O aS vdi U cd = Z rd 'i 'H 4- u X+' E� i ads E L Y U d p d 7 `Y 6 L Vf d U C c ° a�i t ,E 0 rd rd d rd td �,— >• "p H C vi V N +' 3 3 L u Y C O Z -O O S .� v c d � 3 ° F d o cd `n V p c p > td L O U cd c c c °— >• � o _ ¢ C -o'�,F .Q 0 m tn � d H •0 2 _o i OV N S d O ccd in = '° O Z d H d fd o N fd O rd rd rd C O u s V C > d L rd d V C of v� dtMU F Q t O ° N �d d`'_S, rd > p C O C p N ro a 0 u S u rd`� d m 7 N p E •C j �' td c dJ Q U u fl-`�S—_`�' c—S O O C`- 'n J-O �+ C Y— •V y, .0 p H L Rf m j O�L S H �_^ ° O L •o 7 0 L d y C d s O = C C.0 VI O S > a S O d d o 0 y x u > O w O -o a in td ,n.fl ,n 3 cd L L o S Y v U iz of"._ o 0 d v� Y N CC U ce U U L d m d 3 0 W d V a7 Q d � 0 � a = z E z U gd ace GH U z l7 � O O ro c 0 o c os o o N a u �tA O V'a+ oa u � a .. aci � � s � z j p Mra— 'n O ro s W U cn .— U O 3 0 W U c . ra 0 � u car IAa, a� a c ai L j a0+ O p 'n O a1 N .} a 6 > O. > IA Y.a W ro tv a-0 w C w �! a1 Q OC U c0 ■ ■ ■ H O 0 0 Z Q t •— p C Z 7 O G Ornroc O = C 2 Y rn O CT"U u0 = O O u vYi r 01Eca F- O- UO N N T c a1 a - O C H 7 rtj " W J O a i c O—t aJ O 0 rM U r s.+�O O' O al C aJ —� ` O 0 •y — C O c aJ s i V'�,— 7 rt aC aJ 3 c U a i a'' y V N Rf O p 7 V y C C O N ��+ U O-+�••' �,'D 0 c O O •r0 ra c y t rC a v y u u O— +� u CL . a7 H > c J Q O L it U�y c o p c E C O O p a.+ 7 O a+C ate+ �+ �,t a! aJ w0u '.. v vur rac u— �, vaY0 G C V u U a� c y 0 a• O tTf a LL l a rn 7 rrj its ar o— w u v, 0 o 2 3 a co ca M u ai v ce Ln d ■ d ■ C _ 'E � 0 C c— c o os_ o v vY o> a c a, '3 ° s c w va Z .� — .� +-' a+ a• •v O ��,, V"O S "C C i�C.a u E X at. lJ v O ra V 3 crj p M c w O v ar \'— a� i 0 0 N a� a ' v ay� a� scrn= ca u ra 'n 3r° c yv r 0 3E > Ep = a C O °: N _ '; dl rn O p 'n O V p O H Cd OpVaGJ U4- �r � a, > W n�Il(Li � � aY6� � � EYt � cr � E Z • � a, c O m a a 0 v '= s rn ` «+ C y r y �„ v, rd 7 L a.— a C it d 0 i 0- 0 7 E 0 > to p �- u t O H a C a y O c s..n p cu O c 'n— a1 'n `- U vi cC L O— a) U V i c..O 0— w-p rru p1 a O s Y = o ni N o-a��t 'o o 0 o o '3H ara .� n o o ro o U Q r^ LA rn U W . 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'� ra � ,., Eora a�-- � C = rac •� ro� � � Yv v, Cn mC "' raCOCE Ern � 3E '^ 3 °' p O� i ,, F- OW ,n 3 ,�`� 'n p O E p 3 > Ol c O L E= a) O ca w t 0-0 •— O E aJ OV V OW p '^ `� O ra `� fl- Nm 'E 01 aJ T O v 'N X a1 ,a�, Ou 'n rC V s U c ra Q u 3 y U 0 7 Vf rrl a y_, . s rd p X a� � rE N y p— ai ra u a+ a C O p V U Q 2 rrf a U Li U U i ro O' 'MA d ro " 'n � a,2 w-O — d'O i� a.0'O 'n 'n , ro td c 0 v N O M N � u y a a E ` � o � u ro ar � � a+ G in v w c •- ro cn Q Q c w w C c O c — — ro NtA a� Q d C Cd b rn.oaa c . roO i •L C fn a1 N N •- = O Ul U m ■ ■ o c +'^ v ro o � Q ro rna N c - ° •- c o, '^ o c E o E� H a'a o o� ra u � c Ce �/ � ro O EL W C O L C' O S Y' LAu o=i N a L= Q C a y C Q N Q L \ 2 C p >, dl ro +,'O O a 'r. = u y c cw — -a Y � ro N Q o o ,� rua � fua a E c Y � aL+r � 4a d Q Q1 yu6croc a fn h 0 C i tA Ou w � C aL . O N Y aJ — d� i ro N v L E i•..N LWA Y Y�-0 W O E Y ro *' W a� ° Nu o c c °— O LA ,., Q us '� > c o c vt— Z Q a C w.- •- 3 > "- �,-p of Ln a L E ° 3 tA > O— ai L y Y ro tn c a u v ro v N� a, ° o rt v a ° fda a, °v ro ro c ° '^ Cd 0 3 s c o� v v LR o a, E Imr-:B R Q u r c ro 3 v c L, C Y av ro c�° ro z �. .Y � '�� ZCL vaa) Y EvpLro -� O� L� Zv � oro �-° +- u i LEro a W U u a� '^ CO Ou O 3 C ° a� N E H 0 O E O 'C ro °'E 3 Q Y ° O O L WZ ° OCcYa+ cu ° a,� Eaj 3�� vwoo � QH � c� ° ,�, .ol 3 � a, °ui- ° c fn C c ._ L ro 0� u L a� . p r o m CL L a� ro W_ Y"O > v� Q p L p o fd ro ro a wu-_ Q N L V o Y ro ° " Q'� H L- d' ro u v Ce CU ro '" o U. coEna �' c o`°sE � ��a, oEO °' u °coo > 3E > � z A W U. � ° � c'-°Jo >Y-0 Cm-°`F o,w�Y o L N` � o c o c ac, c L w t;'Da v� v+ z a, o crovtAcb p c > L �' a, pQY— ro . a N ` ro •� u C O to 01 YO O L a1 V i z a ro a N O i i ro v-p vui s C cn E N— OL c Q F d E C Cf > �'`0 u`u Y— ro O a +� L C C v +' y = ro O O y L i a O C of i C- L 7 C C u E Q ro u aJ t L i Q a)� L W C _ C O Y aJ l7 ZO 7 C O C p p dl O i 3 U 'Ord YO L > C C Q o a 3 O +' OIA V Vf f0 -0 ro"O E yvlj c 'fn O'—`--C O—_ aJ c Cdd aJ O'a +S•.' C Q � ro O `J O V N O'O >, 7 p W a) u o c >� O X_ ro 3 X C 0 y ro C ,+Y' Ol E( •"' fd u v c vWi O = N Q 7 o z 2 r-: C_ o . w ro ro o c roLL 3— o u - c — rn aZ os ac, ° ro �Y� ° ro c� _ '`-'-p c ��� c- o o X a _ c t Y 3 ' � o � Lo `dva�i0oa' � E •N 'da' Evcc '�, ° v ° 3o a ;a :_' E z °' Q F-� °ccac o+�" °u".� fLd 3 3 o t= 0 E c `m ro ° o a E rnau, c a, a,w•• > E w ,�, ¢ c� °> ro CF V Y NO O y y V tw.1 N X E Q U :Y O y y,� Y O O V 2 N Y ° iYif H L aJ ro C ro C L o aJ L L X Y V Q ro W W aJ O ° L ro 4-L- of � � � Q ° °-p � ro N L ro ro Q Y v= Q a. Q! to C V1 Y�C Q u L Y"O E a a o o= L L U. U = Q 3 ro._ CL � M c .p w Q d W c � a j z E L O Z g ° W to a W _ u Gin z LU c=rn YO ro F O cd c IA ro 0 o ro� W = 0 c m o N 0 C O b w O v > E y 0 W Q ca rM c a ro = ° y aoo W0 L0 (u > L a Q ° ` - O> L W Q- M� d ay W v tA F Q •� a L O L L W C N 6 p of CL a, cd ro Z u 01� to-0 Q L VI�'"p W•� L ro ? ro y-0 N s c .N 3 'A ro o G1 cO W 4_ � 0 3 E � rn LA J •p c ? a W C V -) a vi N W W p ` i 3 = vl ce a 4- N m to 6 M W >• M 4T O W C u_% cC ■ U m ■ H °z o Q W u u Z c t row m 3 O 2 IA � v u c_ CL O ~ p 0 i u F- a V O N -a Y ro c: _ 0 s in roIA Q1 LA ro rdc LW W d U- tA y ro a -a = >-6 c W W c ro > o p O p vA L W 6 in'D s p y- W-p Q p W 0 W O a" 0 3 _ \ ut ro ro ro . m � cr (Vc vw ` � �� o "`off ro C W E - O W E = = U CL E c -N w vWi N vWi a a Ep L ut W ro W C 0 C. 4+ C "= &A= W E y C va1 •>� a%. cm u aa WaaQa o- L . wW ,�vnroro E W L cd ■ d ■ W LA L C L a.+ •D C ' W W W p N.O YO ro ro O E i W ut tA W W'C c u, >•Vf'_ ° W ro O ' v, u � cam = svQi"arororord Uv— v,� -0E-aIn Ln 0 • W c " W% OL + ro 7 p _O a 0 W b - _ ceYS ( CN> H Ws + u, . c � - ° uE vWN UQ a w,w v W N O p W,- O Q-p 0 � C -0ro e ut p ro roQ ro a c ° a te ` W OG a o \s s Q >ul� v.` w aO r NW W W W v, -0s piE ro W w _ L V° ro Ero roro - � W f' WN o c + a t3 � � ro -Ecro � � oU = > kA V� KaC1 a ro ++- C L yd > " ✓t ro L•B Ld p X ZL +.. NLVI oaf�•L +°.'' �.+ U �+•+� 7 aL+ �•-s s > 4v u r c V t<d n roLv+W vW.vH.•�3o� a �a � a — 0a, v OYwE ` ~ a ro ° 0 O O pOa` �a,vIA 3 VcNt O QQ ~ v - > N O rd W - ro CMW tV; NO On °C a ay 'o WWc— C 3 0 Q 3 II W Oi C O ro O V NYt E t WsO rC ? �pCWY" y vi 0 Q EQL_ a C L of ;'' U u ru C C s 0ro` __a0O E ` wo p O OC cd ' E +- W G Cla W - 0N N a bro O m s CL 0a O� O W 0E WO O O t w • O Oc LA fT N YaC > IE 7 yC L Ofl W 0 , L `"6 W ' i l X O° . p = O ZL E ° O V � " 0 Waa � WsW WsW C- 1 C , C •C 3 �( L c L s L CSL '3 Oro > W s u a C0Y t p WL o � a � Wa o o � ro uro Ow va o U •Q�yQ1 v N O N U d a a E L 0 ub d = a, C in c 0 u Q a.. c c 'L N O .0 c N 0 a, c E H °C c W 0 Wo 4+ Q CL 0 D ro = z c a E -0 CL O Im z � � W _ ru p N o — a rum O 4- ;; O ° °�' > rz '° N y (U N 'C p�— > rt i ro a ocesc = c°� ro -0 � c yB-0wV) o ° c-0E IV> U ¢ u amens = c._ Ea aa30. � � C .Y� o °' E >rooc'Y �"' � '-^ �c� ��� H ce lU m o y r°o .� c v c ao to = o N m o. � W W v > R ° z ro v-p — _ > v uZ, ° `^ >'v,s � ra .naa o � - rnoY �; ao � -0 ._ acv � a� °� tat °1ss � Z �s 3c aui aEiv, � ° �' � ° c � aEiF- y\U�` p > pi � � oCL C-w � =a ~ w E 00 L O m _-0 m tC u ° C Y Y = d a aWCL 0— _ V C O p Q. O •�, �+ y� a C •T = i"'� � u— >, C L RS N cd v1 U� � � rC\ y Q,-0 � '> v m Wa c EL n cc +� �e � v LAc � ° sit a ro ro vI= U. CL Q u V i y c m u �+ O 2 ' = w C O Y O"O O u C O Y O u a -0 aJ rSf = Y— LM Z = O. E °"O-LA cY6 G! �' O1 r�•�, G! '�, 'i GJ O_ C O L Ol L +•' " N .� y p v v, � W c� - +- LA°: N v— _ rt E rn O_ v i O ° c c y aui O v, V 4- O , O v1 -0-0 of tti i m ry = i ' a+ = cn y -0 M cn = 7 c0 > .�\ ra M= . u Q ~ L 7 N = N - p O 3 O y m O p ° R N ' ,a+ "Q t H y Y O n V O O r a— � � N Z O h a's ra Ln °1 L � ' v =� ° o n. E 'o c = m E'O E >—�s =� a, � a � ary CU-0 Pi 2 to r-w N v) M ° H C N p fv m h V O1 = O'O— ..0 E V1 p L fd N s to +' t' L y O Z i c 0 0 0 >`+s' U s\�= vi N •i °u 'v, 01 t = N +' p1 O U v CO i w = N b a Y Z u a ECL E O'O O i 0 m N = G1 O Y E �, _ H O O V L'p N V ° .0 i c GJ 01 co }' _— a1 3 °' cn c '—n 'a N `° ro .,� c O = ° O'C b y i D Q O E ° 7 s O v 'o o > °' O- rd C=1 a O b 'u ro o ° o N O 0 O 7 S 7 7 �' o CL a m 0 .= w >u > +� v, E = O E ac aa� CL CL E E— u +J rn6au'= O LA c < L = _ = O u E v O-0 3 7 0 i i M rC w O. p v a y y v o 'i v, = � O = N ._ _ M= M i u M 0 to u a� O V > w m 4- m rd i 'O L2 O- O L. a.. a.+ rV 0_ rtf 4- Ws Ln Lu 9 d Y Q d � c � a CL z E g0 d � a 41 ce O u z W Z O v W F ° O o No c aJ v aJ �a c > u u ' Q '° .O U O Ql of a � a = °Oaa °oa=iaEJ ° 00 w C U ' ro V u E = W 'L •_ ro N (A CL LLI LLJ_ o C N PULL N GtA Y> U N S Q U ■ U p . 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