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Landscape Standards (Waiver)
<br />Pursuant to Section 41-2020 of the TZC, all setbacks, yards,
<br />and shared common open spaces are required to be
<br />landscaped. In addition, a landscape buffer of not less than
<br />five feet is required to be provided to separate parking lot from
<br />an adjacent properties and the surface parking lot is required
<br />to be landscaped per City's commercial area standards.
<br />As designed, the project provides a landscape buffer of two
<br />feet proposed along the western property lines, three feet less
<br />than required. In addition, the project does not provide the
<br />required full-size landscape planters in the surface parking lot
<br />and instead provides partial and diamond -shaped planters.
<br />Due to site constraints, smaller than average lot size, and
<br />parking and landscaping requirements, the required
<br />landscape buffer and landscape planters cannot be
<br />accommodated. Maintaining the required landscape
<br />standards would result in a site redesign, reducing the number
<br />of parking stall, the drive aisle width, the ability of trash trucks
<br />to service the site, and ultimately lead to the loss of bedroom
<br />units, resulting in the project becoming infeasible. In order to
<br />provide the required landscaping and maintain the current
<br />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 (CEQA)
<br />and the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared and
<br />certified in 2010 in order to address the potential environmental impacts associated with
<br />the Transit Zoning Code. A mitigation monitoring and reporting program (MMRP), findings
<br />of fact, and a statement of overriding consideration were adopted with the 2010 EIR. As
<br />proposed, the development is not anticipated to have additional environmental impacts
<br />not addressed in the 2010 EIR. Therefore, no additional environmental review will be
<br />required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-
<br />04 will be filed for this project. All applicable mitigation measures in the original EIR and
<br />associated MMRP will be enforced.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or 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 />Resolution No. 2023-XXX
<br />Page 6 of 12
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