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Landscape Standards (Waiver)
<br />Pursuant to Section 41-2020 of the TZC, all setbacks, yards, and
<br />shared common open spaces are required to be landscaped. In
<br />addition, a landscape buffer of not less than five feet is required to
<br />be provided to separate parking lot from an adjacent properties and
<br />the surface parking lot is required to be landscaped per City's
<br />commercial area standards.
<br />As designed, the project provides a landscape buffer of two feet
<br />proposed along the western property lines, three feet less than
<br />required. In addition, the project does not provide the required full-
<br />size landscape planters in the surface parking lot and instead
<br />provides partial and diamond -shaped planters. Due to site
<br />constraints, smaller than average lot size, and parking and
<br />landscaping requirements, the required landscape buffer and
<br />landscape planters cannot be accommodated. Maintaining the
<br />required landscape standards would result in a site redesign,
<br />reducing the number of parking stall, the drive aisle width, the
<br />ability of trash trucks to service the site, and ultimately lead to the
<br />loss of bedroom units, resulting in the project becoming infeasible.
<br />In order to provide the required landscaping and maintain the
<br />current proposed unit count, the developer would be required to
<br />construct an additional level, resulting in a different type of
<br />construction (steel -frame versus wood), or build underground
<br />parking, further increasing development costs.
<br />Section 2. In accordance with the California Environmental Quality Act
<br />(CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) was
<br />prepared and certified in 2010 in order to address the potential environmental impacts
<br />associated with the Transit Zoning Code. A mitigation monitoring and reporting program
<br />(MMRP), findings of fact, and a statement of overriding consideration were adopted with
<br />the 2010 EIR. As proposed, the development is not anticipated to have additional
<br />environmental impacts not addressed in the 2010 EIR. Therefore, no additional
<br />environmental review will be required. Based on this analysis, a Notice of Exemption,
<br />Environmental Review No. 2022-04 will be filed for this project. All applicable mitigation
<br />measures in the original EIR and associated MMRP will be enforced.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />Resolution No. 2023-XX
<br />Page 6 of 13
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