HomeMy WebLinkAboutCity Council Resolution 01-087RESOLUTION NO. 01-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPROVING AN APPEAL OF THE USE PERMIT
CONDITION, OVERTURNING TIlE PLANNING COMMISSION
CONDITION REQUIRING THE FACILITY TO BE PLACED
UNDERGROUND, ALLOWING THE APPLICANT TO USE AN
EXISITNG ABANDONDED ABOVE GROUND WIRELESS
ANTENNA FACILITY AT 12383 SARATOGA-SUNNYVALE ROAD
(UP-01-090)
WHEREAS, the City Council of Saratoga has received an appeal of an application for a
Conditional Use Permit approval for the installation of a wireless antenna facility; and
WHEREAS, The proposed antennas and equipment facility is Categorically Exempt
from the Environmental Quality Act (CEQA) pursuant to Section 15303, "New Construction or
Conversion of Small Structures" Class 3 (d); and
WHEREAS, the City Council held a duly noticed Public Hearing at which time all
interested parties were given a full opportunity to be heard and to present evidence; and
WHEREAS, the applicant has met the burden of proof required to support said
application for Use Permit approval, and the following findings have been determined:
1. That the proposed wireless communication antenna facility is in accord with the objectives
of the Zoning Ordinance and the purpose of the district in which it is located in that it is a
conditionally permitted use that is visually unobtrusive.
2. That the proposed ~vireless colmnunication antennas and the conditions under which they
xvould be operated or maintained will not be detrimental to the public health, safety, or
welfare, nor materially injurious to properties or improvements in the vicinity, and the
facility will be operated under the restrictions imposed by the FCC to insure safety with
respect to limiting human exposure to radio frequency energy; and that the aesthetic impact
of the facility will be less than significant.
3. That the proposed wireless communication antenna complies with each of the applicable
provisions of the Zoning Ordinance in that the location, height, size and use proposed is
conditionally permitted in this zoning district.
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as
follows:
Section 1. After careful consideration of the site plan, architectural drawings, plans and
other exhibits submitted in connection with this matter, the Metro PCS application for a
Conditional Use Permit approval is hereby granted subject to the following conditions:
COMMUNITY DEVELOPMENT
The proposed antennas shall be located and constructed as shown on Exhibit "A",
incorporated by reference.
A miniraum of two (2) warning signs shah be posted near the transmitting antennas: one
(1) at the base of the pole visible ro workers intending to perform work on the pole; and
one (1) on the pole just below the antennas. Signs will comply with ANSI C95.2 color,
symbol, and content conventions. Contact information will also be provided with a 24-
hour phone number to arrange for access to restricted areas.
The antennas shall be painted to match the existing tower in color and texture and the
equipment cabinet shall be painted a dark color approved by Staff.
Within 30 days of cessation of the operation of the antennas, the apphcant shall remove
all equipment.
Prior to submittal for Building or Grading permits, the following shall be submitted to
Planning Division staff in order to issue a Zoning Clearance:
Four (4) sets of complete construction plans incorporating this Resolution as a
separate plan page.
b. Samples of the paint color to be used.
The applicant shall submit a revised plan using the existing above ground
abandoned site, and removing the prior providers antennas and replacing them
with their own antennas. The applicants antennas may be located in the same
location as approved by the Planning Commission action of October 10, 2001.
The applicant shall reduce the size of the antennas, or submit evidence that they
cannot be reduced.
The applicant shah submit an irrigation plan and landscape plan, detailing the
design, species and location of all landscaping for planning staff approval. The
plan shall include both facilities currendy located at the site. Evergreen trees
shall be incorporated in the plan.
The applicant shall provide documentation that the proposed equipment will
meet all of the City noise standards.
The applicant shall provide proof of a landscape maintenance agreement for a
period of two years from the date of project approval. A bond shall be submitted
to the City equal to 150% of the cost of the landscape plan. This bond shall be
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kept in place the life of the use permit to be used if needed to replace or maintain
site landscaping.
The site plan shall be stamped and signed by a Registered Civil Engineer or
Licensed Land Surveyor.
The site plan shah contain a note with the following language: "Prior to
foundation inspection by the City, the RCE or LLS of record shall provide a
written certification that all building setbacks are per the approved plans."
No structure shall be permitted in any easement without providing the City of
Saratoga with proof of written permission.
The Planning Commission shall retain continuing jurisdiction over the Use Permit and
may, at any time modify, delete or impose any new conditions of the permit to preserve
the public health, safety and welfare. The Planning Commission shall have the right to
review the Use Permit on an annual basis.
The applicant shah conduct a Pre and Post installation radio frequency study and shall
make the results available to the Planning Department and homeowners within 500 feet
of the project site.
The site shall be maintained free of all trash, graffiti, and weeds. All required landscaping
shall be maintained in a healthy condition as shown on the landscape plan.
Prior to Final Inspection of the antennas, the applicant shah submit to Planning Division
staff verification that the level of radio frequency electromagnetic fields emanating from
the operating antennas do not exceed the levels outlined in the Statement of Hammett
and Edison, Consulting Engineers report dated October 13, 2000.
Annual testing of the emissions from the facility shall be conducted at the applicant's
expense and made available to the Planning Division and neighbors for a period to be
determined by the Community Development Director.
Applicant agrees to hold City harmless from all costs and expenses, including attorney's
fees, incurred by the City or held to be the habllity of City in connection with City's
defense of its actions in any proceeding brought in any State or Federal Court,
challenging the City's action with respect to the applicant's project.
Noncompliance with any of the conditions of this permit shah constitute a violation of
the permit. Because it is impossible to estimate damages the City could incur due to the
violation, liquidated damages of $250 shall be payable to this City per each day of the
violation.
Section 2. Construction must be commenced within 24 months or approval will expire.
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Section 3. AL1 apphcable requirements of the State, County, City and other
Governmental entities must be met.
Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga
City Code, this Resolution shall become effective fifteen (15) days from the date of adoption.
PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 5th
day of December 2001 by the following roll call vote:
AYES:
Councilmembers Evan Baker, Stan Bogosian, Vice Mayor Nick Streit
Mayor John Mehaffey
NOES:
Councilmember Ann Waltonsmith
ABSENT: None
ABSTAIN: None
Jo~Mehaffey, Ma~r~r
-,'.'-~ -..: ..
This permit ig hereby z{ccepted upon the express terms and conditions hereof, and shah have no
force or effect unlesk and until agreed to, in writing, by the Applicant, and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions
and agrees to fully conform to and comply with said terms and conditions within the
recommended time frames approved by the City Planning Commission.
Property Owner or Authorized Agent
Date
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