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HomeMy WebLinkAbout04-13-2005 Planning Commission Packetf~k CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, April 13, 2005 - 7:00 p.m. PUCE: Council Chambers/Ci~~c Theater,13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Jill Hunter, Robet Kundtz, Susie Nagpal, Linda Rodgers, Michael Schallop, and Mike Uhl Absent: Commissioner Rodgers Staff: Planner Oosterhous and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE ELECTION OF A NEW PLANNII~TG COMMISSION CHAIR AND VICE-CHAIR Commissioner Nagpal elected Chair and Commissioner Rodgers elected Vice-Chair MIN[JTES: Draft Minutes from Regular Planning Commission Meeting of March 23, 2005. (APPROVED 6-0) ORAL Co~~I~,IUNICATIONS -Any member of the Public will be allotived to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from dish{ssirtg or taking action on such items. Howet-'er, the Planning Commission ma}' instnict staf f accordingly regarding Oral Comnu~nications underPlanning Commission direction to Staf f. ORAL COMMUNICATIONS- PUNNING COQ-1:vIISSION DIRECTION TO STAFF Instruction to staff regarding actions on current Oral Communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting vvas properly posted on April 7, 2005. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk `within fifteen (15) calendar days of the date of the decision, or ten (10) calendar days for a conditional use permit, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION #04-065 (386-53-019) Verizon Wireless, 12383 Saratoga Sunnyvale Road; - The applicant requests use permit approval to install three panel antennas at the site of an ,__ i~l existing lattice tower located in the "Gateway" near the railroad tracks and Azule Crossings. The existing lattice tower includes a "top hat" which holds panel antennas for another carrier. The height of the existing lattice tower including "top hat" is 140.5 feet. The applicant request approval to replace the existing "top hat" with a ne~v "top hat" which vvould extend an additional 5.5 feet in height and hold both the existing and proposed panel antennas. The proposed height including "top hat" will be 146 feet. An equipment enclosure is proposed. A 532 square foot equipment area will be enclosed by an eight-foot tall wood fence. Oleander landscape screening is proposed for the businesses and residences to the north and east. An unpaved access easement and a generator are also proposed. (CHRISTY OoST1=xHOUS) (APPROVED 6-0) DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS - None ADJOURNMENT AT 7:20 PM TO THE NEXT MEETING - Wednesday, Apri127, 2005 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA Incompliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerhC~saratoga.ca.us. Notification 48 hours prior to the meeting will enable the Cit}~ to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certi ficate o f Posting o f Agenda: I, Kristin Borel, Office Specialist for- the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga vas posted on April 7, 2005 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's tivebsite at www.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your e-mail address to planning@saratoga.ca.us --- -- ~ ~" CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, April 12, 2005 - 3:30 p.m. PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA FOR WEDNESDAY, APRIL 13, 2005 ROLL CALL REPORT OF POSTING AGENDA AGENDA Application #04-065 - Verizon Wireless Item 1 12383 Saratoga-Sunnyvale • SITE VISIT COMMITTEE The Site Visit Committee is comprised of interested Planning Commission members. The committee conducts site visits to properties which are new items on the Planning Commission Agenda. The site visits are held on the Tuesday preceding the Wednesday hearing, between 3:30 p.m. and 5:00 p.m. It is encouraged for the applicant and/or owner to be present to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the Public Hearing. • . CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, April 13, 2005 - 7:00 p.m. PLACE: Council Chambers/Ci~~ic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Jill Hunter, Susie 1\?agpal, Linda Rodgers, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Mohammad Garakani PLEDGE OF ALLEGIANCE ELECTION OF A NEW PLANNING COMMISSION CHAIR AND VICE-CHAIR MINUTES: Draft Minutes from Regular Planning Commission Meeting of March 23, 2005. ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regardingOral Communications underPlanning Commission direction to Staf f. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF Instruction to staff regarding actions on current Oral Communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 7, 2005. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk ~~vithin fifteen (15) calendar days of the date of the decision, or ten (10) calendar days for a conditional use permit, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION #04-065 (386-53-019) Verizon Wireless, 12383 Saratoga Sunnyvale Road; - The applicant requests use permit approval to install three panel antennas at the site of an existing lattice tower located in the "Gateway" near the railroad tracks and Azule Crossings. The existing lattice tower includes a "top hat" which holds panel antennas for another carrier. The height of the existing lattice tower including "top hat" is 140.5 feet. The applicant request approval to replace the existing "top hat" with a new "top hat" which v~~ould extend an additional 5.5 feet in height and hold both the existing and proposed panel antennas. The proposed height including "top hat" will be 146 feet. An equipment enclosure is proposed. A 532 square foot equipment area will be enclosed by an eight-foot tall wood fence. Oleander landscape screening is proposed for the businesses and residences to the north and east. An unpaved access easement and a generator are also proposed. (CHRISTY OOSTERHOUS) DIRECTORS ITEM - None COMMISSION ITEMS None COMMUNICATIONS - None ADJOURNMENT TO NEXT MEETING - Wednesday, Apri127, 2005 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerh at (408) 868-1269 or ctclerhC~saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Kristin Borel, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on April 7, 2005 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us If you would like to receive the Agenda's via a-mail, please send your a-mail address to planni~@saratoga.ca.us • • • a~ MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, March 23, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Garakani called the meeting to order at 7:02 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl Absent: Commissioner Zutshi Staff: Interim Director John Livingstone, Associate Planner Ann Welsh and Contract Planner Deborah Ungo-McCormick PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of March 9, 2005. Motion: U on motion of Commissioner Rod ers seconded p g by Commissioner Nagpal, the Planning Commission minutes of the regular meeting of March 9, 2005, were adopted with corrections to pages 4, 5, 7 and 11. (6-0-1; Commissioner Zutshi was absent) ORAL COMMUNICATION There were no Oral Communication Items. REPORT OF POSTING AGENDA Interim Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 17, 2005. REPORT OF APPEAL RIGHTS Interim Director John Livingstone announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b); 10 days for Conditional Use Permits. • Planning Commission Minutes for March 23, 2005. Page 2 CONSENT CALENDAR There were no Consent Calendar items. ~*~ PUBLIC HEARING -ITEM NO. 1 APPLICATION #04 396 (397-17-008) - BARRINGER 14535 Fruitvale Avenue: Request for Modification of Approved Plans. The modifications include a new 2,200 square foot pool cover --structure -and a 434-square-foot-patio-cover-addition-to the-guest eottage~-No changes-are proposed to the approved floor area for the site. The pool cover and patio cover structures will not exceed 15 feet in height. Total site coverage will not exceed 35 percent. The lot size is approximately 45,292 square feet net and the site is zoned R-1-40,000. (DEBORAH UNGO-MCCORMICK) Interim Director John Livingstone introduced Contract Planner Deborah Ungo-McCormick to the Commissioners. Contract Planner Deborah Ungo-McCormick presented the staff report. as follows: • Advised that the applicant is seeking Modification of approved plans for a house currently under construction but not yet finaled. Since the project has not yet obtained final occupancy, major changes to the approved plans are brought back before the Commission. • Reported that the additions include a patio cover for the guesthouse and a pool cover. The pool cover consists of 2,200 square feet and the patio cover is 434 square feet. • Explained that there are no changes to the FAR since these covers represent open design and as such are not counted against FAR. • Stated that the project conforms to imperious surface and height limitations. A nearby Oak tree will be protected. Additionally a bond had initially been secured for the protection of trees on site during the construction process. • Said that six new trees are proposed along the rear fence to fill in a screening gap. The proposed tree species is Redwood. • Reported that the neighbors .have been notified of these proposed changes. The applicant presented their plans to the neighbors and no objections were raised. • Stated that the required findings have been met and staff is recommending approval with conditions. Chair Garakani asked staff what building materials are proposed for these additions. Planner Deborah Ungo-McCormick replied stucco and the roof. The pool and patio covers are compatible with the materials of the home. The patio cover for the guesthouse is an extension of the roofline. Commissioner Rodgers asked whether the use of roll down screens around the pool cabana could be considered walls. Planner Deborah Ungo-McCormick replied that if these screens were temporary they would not result in the space being counted against FAR. Only permanent habitable -space is counted as FAR. Planning Commission Minutes for March 23, 2005 Page 3 Interim Director John Livingstone added that there are no problems using such temporary roll down screens. Commissioner Rodgers asked if the outdoor wood-burning fireplace is counted against allowable on site fireplaces. Interim Director John Livingstone replied no. Only those wood burning fireplaces within a dwelling are restricted to one per structure. Outdoor ones are okay. Commissioner Nagpal sought clarification that if this project had already received final occupancy, this --project-would-normally-have-been-handled at staff-level. - --- - ----- ---------------- --- .- -- -___ _ _- Interim Director John Livingstone agreed that this issue would probably be handled administratively through an over-the-counter review. The Community Development Director does have the option to bring such a request to the Planning Commission. Commissioner Nagpal asked if the drainage plans would need to be revised as a result of these modifications. Planner Deborah Ungo-McCormick assured that a drainage plan has been submitted and that the site would drain properly. Commissioner Uhl pointed out that the requirement for six Redwood trees at the rear yard property line is not included in the conditions. Planner Deborah Ungo-McCormick advised that they are depicted on the site plan. When things are included on a site plan, they become a part of that approval. She added that the condition could also be inserted into the resolution. Interim Director John Livingstone suggested additional language, "Plans must be as approved per Exhibit A. " Chair Garakani asked for the distance between the house and pool cover and whether it is about 10 feet. Planner Deborah Ungo-McCormick replied that 10 feet is the minimum required distance between structures. This pool cover and patio cover meets the minimum distance. Chair Garakani asked for clarification as to when this space is counted as FAR. Planner Deborah Ungo-McCormick replied that when they consist of a minimum of three permanent walls. Commissioner Hunter asked if the existing moratorium applies in this case. Interim Director John Livingstone replied that the moratorium deals more with front yards. This is a borderline situation. Planning Commission Minutes for March 23, 2005 Page 4 Chair Garakani asked when this project started. Planner Deborah Ungo-McCormick replied about five years ago in 2000. Commissioner Rodgers asked whether a resolution had been reached between this applicant and the rear neighbor on the issue of fencing and trees. Planner Deborah Ungo-McCormick pointed out that Ordinance does not require a fence. Right now the existing fence is located on the rear neighbor's property. This neighbor now wants a fence to be placed on the shared property line. The applicant has agreed to put the fence on the shared property line. Commissioner Rodgers asked if this fence could affect the setback for the pool. Planner Deborah Ungo-McCormick reminded that the required setback is to the property line and not to the fence. Setbacks are verified. Commissioner Nagpal asked when Design Review consideration occurs versus reviewing something as an unenclosed garden structure. Interim Director John Livingstone reminded that this is a Modification to an approved plan. The Commission is using the findings of the original approval for this Modification. Planner Deborah Ungo-McCormick reported that all original conditions still apply. Interim Director John Livingstone clarified on the issue of wood-burning fireplaces the fact that one is permitted per structure on asingle-family lot, such as a main residence and/or guesthouse; or per dwelling unit in amulti-family residential project. Chair Garakani opened the Public Hearing for Agenda Item No. 1. Ms. Lynn Barringer, Applicant and Property Owner, 14535 Fruitvale Avenue, Saratoga: • Explained that this pool and patio cover would allow them to extend the use of their yard during the year and lower maintenance requirements. • Thanked the Commission for considering her request and thanked staff for its assistance. • Stated that she was looking forward to a positive review by the Commission. Chair Garakani closed the Public Hearing for Agenda Item No. 1. Commissioner Hunter said this request is fine. Commissioner Uhl said it looked good to him. Motion: Upon motion- of Commissioner Rodgers, seconded by Commissioner Uhl, the Planning Commission granted the request for Modification of Approved Plans (Application #04-396) to allow a 2,200 square foot pool cover structure and 434 square foot patio cover addition to the guest cottage on property located at 14535 Fruitvale Avenue, with an addition to the landscaping requirement to include six Planning Commission Minutes for March 23, 2005 Page 5 Coastal Redwood trees as depicted on Exhibit A along the rear property line, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Zutshi ABSTAIN: None *** PUBLIC HEARING -ITEM N0.2 APPLICATION #OS-052 (503-24-068) ROSENFELD/FRASIER, 14471 Bid Basin Way Suite D: Request for a Conditional Use Permit for Institutional Use to open Bridge Point Kids Technology Learning Center, which provides computer training for pre-school children through adult. The lease area is 1,515 square feet and is served by Parking District #3. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: • Advised that this application has been withdrawn. *** PUBLIC HEARING -ITEM N0.3 APPLICATION #03-272 (503-80-001) SHANKAR, 22461 Mount Eden Road: Re uests Desi n q g Review Approval to build a new two-story house on a Santa Clara County parcel, which abuts the City boundary and is proposed for annexation to the City. The Hillside Residential lot contains 1.89 acres and has a 28 percent slope. The house contains 5,188 square feet with a 2,560 square foot garage basement, a 533 square foot second dwelling. unit and conversion of the barn into a 592 square foot cabana. The height of the house is 25 feet, 10 inches, as measured from natural grade. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to allow the construction of a new home on a 1.89-acre parcel that is currently in County jurisdiction but is now in the process. of being annexed into the City of Saratoga. • Explained that an inconsistency has just been discovered between the grading and site plans which results in the project being 3 feet higher than depicted on the architectural plans. • Reported that the applicant is requesting a continuance of this public hearing to make changes to the grading plan and to lower the home within the same footprint. Some retaining walls may also be necessary. • Suggested that the Commission open the Public Hearing, take testimony from anyone who wishes to speak and then continue consideration to a future meeting. Chair Garakani opened the Public Hearing for Agenda Item No. 3. Mr. Paul Scola, 22461 Mount Eden Road, Saratoga: Planning Commission Minutes for March 23, 2005 Page 6 • Said that since the recommendation this evening is for a continuance he would hold off on his final comments until after the new plans are prepared. • Stated that this project still appears bulky, even if it were to be dropped by three feet in height. • Said that this project is in the same place as a month ago. • Declared that it is insulting to have misrepresented the height on the plans. • Expressed concerns about the inadequacy of the story poles for landscaping. • Suggested that the trees proposed to provide screening are too small and the wrong species to provide adequate screening: __Mr. Uday_a Shankar,_Project Applicant, 22461_Mount Eden Road, Saratoga:___ _ • Assured that he has incorporated all comments of the Planning Commission and from the Study Session. • Said that they just recently realized that there are inconsistencies between the grading and site plans. • Reminded that they have gone through six different revisions of plans and these inconsistencies were just found last week. • Said that they are proposing four 36-inch box trees near the balcony that will be 18 feet tall when planted. The trees for the property line are proposed at five gallon. • Stated that the story poles show trees at about two years' growth. • Assured that the trees would cover the balcony but that the remainder of the proposed new trees are small: • Said that he hopes to come back to the next available meeting with corrected plans and said he was open to Planning Commission guidance. Commissioner Hunter asked who selected Douglas fir trees. Mr. Udaya Shankar said that they are proposing Monterey pines. If the plan says Douglas fir, he is willing to change that to Monterey pine. Commissioner Uhl agreed that this project has gone through many changes. He suggested that Mr. Udaya Shankar get together with his neighbor to discuss preferences for landscaping choices. He added that five-gallon trees are too small. Even 15-gallon trees are small. Mr. Udaya Shankar said that there are no specific guidelines on what is desired as far as landscaping. Commissioner Uhl cautioned that the Commission does not like to use landscaping to screen a house. Instead architecture should typically be adjusted to reduce visibility when necessary. He added that what is currently proposed as far as landscaping is simply not enough. Chair Garakani asked whether such extensive screening landscaping would be required if the house was simply 18-feet high. Commissioner Hunter said that it is unfortunate because the existing house is so tucked into the hillside. A new home will be more visible. However, landslide danger would be greatly reduced as a result of this new project. Planning Commission Minutes for March 23, 2005 Page 7 Mr. Udaya Shankar said that the story poles show the worse case scenario as far as landscaping. He reminded that the house and balcony would be three feet lower with the changes. Commissioner Hunter said the issue of retaining walls would still have to be discussed. Commissioner Uhl said that the project is close. The landscaping details just need to be worked out with the neighbors. Mr. Udaya Shankar asked if 15-gallon trees at the property line would be considered large enough. - Commissioner Hunter warned-that this-is still-a-very-small--tree-and-they-might-need-to go-with-the-next - larger size available. Chair Garakani reported that the next two tree sizes are 24-inch and 36-inch box trees. Mr. Udaya Shankar asked if the screening landscaping should be installed at the same time that the house is built. Commissioner Hunter replied that if the screening landscaping could be installed as soon as it possible that would be great. Commissioner Uhl reiterated that the landscaping proposed is not yet good enough. Chair Garakani added that the Commission believes that the screening landscaping needs to be as high as depicted on the story poles right away. Commissioner Uhl stressed the importance of working with the neighbors. Commissioner Rodgers reminded that the plans call for Douglas Firs. Commissioner Nagpal: • Said that the proposed house is not the best for this topography. • Agreed that the landscape issue needs to be worked out. While not all the trees have to be as large as those screening the balcony (36-inch box), a significant number of them should be as large. • Assured that the Commission is not asking for redesign. • Agreed that it would be nice if the screening trees could be installed as early as possible. • Said that the project is closer than it was to being approvable. Commissioner Rodgers thanked Mr. Udaya Shankar for making the changes asked for to date. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission CONTINUED- consideration of Design Review Approval (Application #03-272) to allow a new house, secondary dwelling unit and conversion of a barn into a cabana on property located at 22461 Mount Eden Road to a date uncertain, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None Planning Commission Minutes for March 23, 2005 Page 8 ABSENT: Zutshi ABSTAIN: None *** PUBLIC HEARING -ITEM N0.4 APPLICATION #04-039 (503-24-079) NEXTEL 14407 Bia Basin Way: Request for a Conditional Use Permit to install a wireless facility on the roof of the existing office building at the above location. The proposed facility includes GPS and panel antennas and a screen wall to mount the antennas. ~- - - --- - JOHN LIVINGSTONE)- ~ -_ - -- - _- • Interim Director John Livingstone presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow the installation of wireless antennas on an existing office building at 14407 Big Basin Way. • Explained that the installation consists of 12 antennas on a matching roof screen. The related equipment cabinet is located inside the building. • Said that this is an appropriate location and this installation would be unobtrusive as viewed from the street. • Explained that the project meets FCC standards and that the required findings to support this request can be made. • Recommended approval with conditions- and advised that the applicant is available this evening for questions. Chair Garakani asked about a transmitter. Interim Director John Livingstone explained that the transmitter is located within the building because this roof is not designed to carry the weight. Commissioner Uhl asked if this is a possible co-location site. Interim Director John Livingstone replied that he would defer this question to the applicant. Chair Garakani opened the Public Hearing for Agenda Item No. 4. Ms. Stephanie Crespin, Applicant's Representative, Nextel: • Reported that 12 antennas are requested so that they are able to expand in the future. They plan to start out with 9 antennas on this site. • Said that they often have co-location agreements with other carriers and it is up to the landlord as to whether to allow another carrier. on their property. Nextel is open to co-locating with other carriers. Interim Director John Livingstone advised that per the Nextel technician some. carriers have opposite frequencies and could be co-located on the same screen wall. Ms. Crespin cautioned that it would be difficult of these antennas are located too close together. A couple of feet are needed between each one. Planning Commission Minutes for March 23, 2005 Page 9 Chair Garakani closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Chair Garakani, seconded by Commissioner Nagpal, the Planning Commission granted a Conditional Use Permit (Application #04-039) to allow a wireless facility on the roof of an existing office building located at 14407 Big Basin Way, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Zutshi ABSTAIN: None **~ DIRECTOR'S ITEMS Interim Director John Livingstone advised that training for the Commission has been scheduled for June 8`h at 5 p.m. with City Arborist David Babby. Commissioner Hunter reported that she would be unable to attend on that date. COMMISSION ITEMS Chair Garakani extended his thanks to his fellow Commissioners, as this is his last meeting as a member of the Commission. Commissioner Hunter told Chair Garakani that he had been very devoted to his work on the Commission and that the City appreciates his efforts. Interim Director John Livingstone stated that City staff thanks Chair Garakani, saying it has been a pleasure working with him. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Rodgers, Chair Garakani adjourned the meeting at 8:05 p.m. to the next Regular Planning Commission meeting of April 13, 2005, at 7:00 p.m. - MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk • • • ITEM 1 • • • REPORT TO THE PLANNING COMMISSION Applicant No./Location: UP 04-065; 12383 Saratoga-Sunnyvale Road Type of Application: Conditional Use Permit for a Wireless Facility and Emergency Generator Applicant/Owner: Verizon Staff Planner: Christy Oosterhous, Associate Planner Date: April 13, 2005 APN: 386-53-019 Department Head: ~ ~~ _. ~ f V ~., ~ s.,.,;,,.,,,,,,,,,,,,,,~ _.. C......._ ' _. I~~_oa .. ~ -- .. ' r ~ i SUMMER t)R~ I ,. ~ ~~ ~ ~" //~~ /~~1~ ~` ..y t ~ ~ xaorq OE, ~ SOO ft Buffer Zone - MFam'+cr - r~ ~ I i ~~. S ~ ~~ Streett~rres ~ I I ~ ~~ ~ acM- ~ ' ~ ~ % - ~ I ~ ~ V ~~~ ROject Site _ ._ _ __ a -. ~ ~ ' :~ ,~ -~ ~ ..._ .... ~ ' ..... 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EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed PROJECT DESCRIPTION 03/25/04 03/08/05 03/30/05 03/22/05 04/07/05 The applicant requests use permit approval to install three panel antennas at the site of an existing lattice tower located in the "Gatewa}~' near the railroad tracks and Azule Crossings. The equipment cabinets are to be located on the ground near the existing tower and will be screened by an 8-foot tall wood fence. Oleander landscape screening is proposed. An unpaved access easement and generator are also proposed. STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval. 2. Affidavit of mailing notices, public notice, and mailing labels. 3. RF Exposure Report. 4. Noise Study for the generator. 5. Coverage Map. 6. Photosimulations. 7. Plans, Exhibit "A." • QOO~o2 Application No. 04-065, 12383 Saratoga Sunnyvale Road • • • STAFF ANALYSIS ZONING: R-1-12,500 GENERAL PLAN: Medium Density Residential MEASURE G: Not applicable PARCEL SIZE: 32,653 square feet AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: All antennas will be painted to match the existing PG and E lattice tower and antennas. The wood fence is to match the existing fence enclosures in color, material, and style. ENVIRONMENTAL DETERMINATION: The proposed project which includes installation of equipment cabinets, generator, and panel antennas is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. ~~®~®~ Application No. 04-065, 12383 Saratoga Sunnyvale Road '. PROJECT DISCUSSION The applicant requests use permit approval to install three panel antennas at the site of an existing lattice tower located in the "Gateway" near the railroad tracks and Azule Crossings. The equipment cabinets are to be located on the ground near the tower and will be screened with a wood fence and landscaping. The existing PG and E lattice tower includes a "top hat" which holds panel antennas for another carrier. The height of the existing lattice tower including "top hat" is 140.5 feet. The applicant request approval to replace the existing "top hat" with a new "top hat" which would extend an additiona15.5 feet in height and hold both the existing and proposed panel antennas. The proposed height including "top hat" will be 146 feet. The dimension of each of the three panel antennas is approximately 48.3 inches in length, 13.3 inches in width, and 8.1 inches in depth. An equipment enclosure is proposed. A 532 square foot equipment area will be enclosed by an eight-foot tall wood fence. Oleander landscape screening is proposed for the businesses and residences to the north and east. An unpaved access easement leading to the equipment is proposed for equipment maintenance and installation purposes. Several wireless carriers are located at this site. Surrounding land uses include residential and commercial. The applicant has provided existing and proposed photosimulations. An emergency generator is proposed. The generator will be tested once a week on Tuesday between 10:00 am and 10:30am. All of the Verizon generators in Northern California are tested at this time. A noise study has been prepared by Engineered Aeroacoustics, Inc which indicates the proposed generator will operate below the minimum night time noise requirements of 45dBA specified in the Saratoga Municipal Code. Once the generator is installed staff may request that an acoustical engineer verify compliance with the findings of the acoustical report dated February 8, 2005. If the factory furnished weather enclosure does not exhibit sufficient acoustical attenuation to comply with the noise ordinance as specified in the acoustical report; or if the generator interferes with the quality of life of the residences and/or businesses in the area additional housing for the generator may be required by staff. Under the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over RF emissions from personal wireless antenna facilities. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. The applicant has provided a cumulative RF exposure report which evaluates both the proposed and existing wireless facilities. The cumulative report concludes that the RF energy is well below the Maximum Permissible Exposure limit established by the FCC at 1.6% of the public exposure limit. Revisions The following revisions were incorporated into the plans at staff's request: • The height of the "top hat" was reduced by 5 feet. ~~~~+®'~ Application No. 04-065, 12383 Saratoga Sunnyvale Road • The fenced area was reduced by 350 square feet. • The equipment enclosure will match the existing wood fence enclosure as opposed to the originally proposed building for housing the equipment. • Landscape screening with irrigation was added. • The size of the oleanders proposed for landscape screening was increased from 5 gallon each to 15 gallon each. • The original proposal to pave the access easement was eliminated. The access easement will be left in its natural state. Conditional Use Permit Findings The proposed project supports the findings for use permit approval; therefore, staff recommends the planning commission approve of the proposed project based on the following findings: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive and that the visual and audible impact of the facility will be less than significant. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because 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. In addition, the emergency generator will comply with the City's noise ordinance regulations. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size, dBA, and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities and the new fixtures will be painted to match the existing equipment and fence enclosures. Conclusion The project satisfies all of the findings required within Section 15-55.070 of the City Code. The antennas and associated equipment are not expected to be detrimental to the public health, safety or welfare nor are they expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to antenna facilities. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve the conditional use permit application number 04-065 by adopting the attached resolution of approval. ~~®~ ~. Attachment 1 • ~~'®~'®~ Application No. 04-065, 12383 Saratoga Sunn}'vale Road RESOLUTION NO. Application No. 04-065 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Verizon; 12383 Saratoga Sunnyvale Road WHEREAS, the City of Saratoga Planning Commission has received an application for Use Permit approval for the installation of 3 panel antennas on an existing lattice tower; and prefabricated fiberglass equipment cabinets including an emergency generator located on the ground near the tower; and WHEREAS, the Planning Commission 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 project, which includes the installation of panel antennas and equipment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive and that the visual and audible impact of the facility will be less than significant. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because 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. In addition, the emergency generator will comply with the City's noise ordinance regulations. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size, dBA, and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities and the new fixtures will be painted to match the equipment and fence enclosures. • L~~®~+Q~ Application No. 04-065, 12383 Saratoga Sunnyvale Road NOW, THEREFORE, the Planning Commission 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, application number 04-065 for Use Permit approval and the same is hereby granted subject to the following conditions: 1. The proposed antennas shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. If the subject site is decommissioned in the future, all antennas and related equipment shall be removed within 30 days of cessation of operation. 3. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. shall be submitted to the Building Department for Building permits. 4. 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. 5. The applicant shall provide a cal sense imgation controller and related equipment (value approx $2500) to the public works department prior to building permit issuance. Contact public works staff Kevin Meeks at 868-1247 for specifications . prior to purchasing equipment. After receiving the controller from the applicant, the City -will tap off existing water supply and provide a gate value from which the applicant can work off of. A preconstruction meeting with public works staff is required contact Kevin Meeks 868-1247. 6. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City.in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. 7. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500 surplus balance prior to building permit issuance until final occupancy is granted. 8. The emergency generator will be tested once a week on Tuesday between 10:00 am and 10:30 am. -Once the generator is installed staff may request that an acoustical engineer verify compliance with the findings of the acoustical report dated February 8, 2005. If the factory furnished weather enclosure does not exhibit sufficient acoustical attenuation to comply with the noise ordinance as specified in the acoustical report or if the generator interferes with the quality of life of the ~~~~~~ Application No. 04-065, 12383 Saratoga Sunnyvale Road residences and/or businesses in the area additional housing for the generator maybe required by staff. 9. The applicant shall provide proof of a landscape maintenance agreement for a period of two years from the date of the project approval. A bond shall be submitted to the City equal to 150% of the cost of the landscape plan. This bond shall be kept in place for the duration of the use permit to be used if needed to replace or maintain site landscaping. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable 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 ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 13th day of April 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless 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 ~~~~~~ i ,I • ~~©~~~ AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, ~~ ~~ ,being duly sworn, deposes and says: that I am a citizen of the United States, o~c r t~he_ age of 18 years; that acting for the City of Saratoga Planning Commission on the ~F~ day of ~ G" 2005, that I deposited in the United States Post Office v~~ithin Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. ob- Signed ~~~~~ City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 13`h day of Apri12005, at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Project details are available at the Saratoga Community Development Department, Monday through Thursday 8:00 a.m. - 5:00 p.m. Inquiries regarding the project should be directed to the planner noted below. APPLICATION #04-065 (386-53-019) Verizon Wireless, 12383 Saratoga Sunnyvale.Road; - The applicant requests use permit approval to install three panel antennas at the site of an existing lattice tower located on Pacific Gas and Electric property in the "Gateway" near the rail road tracks and Azule Crossings. The existing lattice tower includes a "top hat" which holds panel antennas for another carrier. The height of the existing lattice tower including "top hat" is 140.5 feet. The applicant request approval to replace the existing "top hat" with a new "top hat" which would extend an additional 5.5 feet in height and hold both the existing and proposed panel antennas. The proposed height including "top hat" will be 146 feet. An equipment enclosure is proposed. A 532 square foot equipment area will be enclosed by an eight-foot tall wood fence. Oleander landscape screening is proposed for the businesses and residences to the north and east. An unpaved access easement and a generator are also proposed. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you maybe limited to raising only those issues you or someone else raised at the Public Hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of -date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Christy Oosterhous, Associate Planner coosterhous@sarato 7a~ ca:us or 408 868-1286 • ~+~®®~.~ WHITELAW PROPERTIES LLC 1033 WIlVDSOR ST S JOSE CA 95129-2836 SOUTHERN PACIFIC TRANSPORTATION CO SARATOGA CA 95070-0000 TATAR, FREDERICK P & RAFFAELA M 20577 MANOR DR SARATOGA CA 95070-3041 HWANG, JEFFREY H & TINA P 20576 MANOR DR SARATOGA CA 95070-3052 CRAIG, JAMES & LOUISE 20524 MANOR DR SARATOGA CA 95070-3052 NELSON, BRON C & DESIREE 20509 GORDON CT SARATOGA CA 95070-3035 WEI, JERRY & RUBY 20511 MANOR DR SARATOGA CA 95070-3013 CHENG, BOR C & SU J 12577 MANOR DR SARATOGA CA 95070-3000 KIM,1N K & HAE K 20360 CLARIDGE CT SARATOGA CA 95070-3823 WOOS & EUNICE H 1 SUMMER DR SARATOGA CA 95070-3835 ALAMEDA-FAROTTE, ZOE TRUSTEE 12341 SARATOGA-SLTNNYVALE RD SARATOGA CA 95070-3060 SOUTHERN PACIFIC TRANSPORTATION CO SARATOGA-SUNNYVALE RD SARATOGA CA 95070-0000 QUINN, LAWRENCE A TRUSTEE ETAL 12458 GREENMEADOW LN SARATOGA CA 95070-3033 YAMADA, MITSUO & HEDA H TRUSTEE 20552 MANOR DR SARATOGA CA 95070-3052 MANRIQUEZ, RALPH F & DIANE K 20512 MANOR DR SARATOGA CA 95070-3052 WU, DANIEL S & MARIANNE S TRUSTEE 20541 GORDON CT SARATOGA CA 95070-3035 FELL, JEFFREY S & TRACY M TRUSTEE 20523 MANOR DR SARATOGA CA 95070-3013 HARTER, BRYAN K & CATHLEEN M 20549 MANOR DR SARATOGA CA 95070-3041 DUTTA, PARTHA P & ANANDITA TRUSTEE 20374 CLARIDGE CT SARATOGA CA 95070-3823 BECK, LINDA W 12498 SiJNINER DR SARATOGA CA 95070-3835 OLIVER-JAMHOUR, DOLORES J TRUSTEE 17330 LOCUST DR LOS GATOS CA 95033-0000 HEADLEY, OLIVER D & MARIE E 20517 CARNIEL AV SARATOGA CA 95070-3734 ROBBIN, CHARLES B & PAMELA R 12436 GREEN MEADOW LN SARATOGA CA 95070.-3033 GREENS, NANCY B TRUSTEE 20538 MANOR DR SARATOGA CA 95070-3052 PACIFIC GAS AND ELECTRIC CO SARATOGA-SUNNYVALE RD SARATOGA CA 95070-0000 BUI, TU & KIM ANH 20508 GORDON CT SARATOGA CA 95070-3035 CHAN, ANTHONY D & MABEL L 12554 MANOR DR SARATOGA CA 95070-3000 IWASAKI, JOYCE A TRUSTEE 20349 CLARIDGE CT SARATOGA CA 95070-3823 CLAUSSEN, FRED B & DIANA K 12522 SUMMER DR SARATOGA CA 95070-3835 WANG, JEFF YEWEI & DORA DAO TRUSTEE 12486 SUMMER DR SARATOGA CA 95070-3835 ~~~~~.~ YU, ESTHER Y TRUSTEE 12474 SUMMER DR SARATOGA CA 95070-3835 KAYANI, MONIRA S 12441 BLUE MEADOW CT SARATOGA CA 95070-3820 KIM, SEA H & KYONG H 12477 BLUE MEADOW CT SARATOGA CA 95070-3820 AKAHOSHI, GLENN K & KAREN N TRUSTEE 12520 BLUE MEADOW CT SARATOGA CA 95070-3821 STOELKER, JAMES L & JOAN K 12484 BLUE MEADOW CT SARATOGA CA 95070-3851 SCHNURBUSH, JOHN V & PAT 12537 SUMMER DR SARATOGA CA 95070-3836 WALKER, JEFFREY J & LYNN S 20451 SEAGULL WY SARATOGA CA 95070-3127 PATEL, KIRIT D & DAMYANTI K 20381 ZORKA AV SARATOGA CA 95070-3133 MENDELSON, NILDA FENYO TRUSTEE 20408 SEAGULL WY SARATOGA CA 95070-3128 GALEB, SLOBDAN & MARGARET E ETAL 12335 GOLETA SARATOGA CA 95070 KENZLER, SHARON M 12462 SUMMER DR SARATOGA CA 95070-3835 KIM, RICHARD D 12453 BLUE MEADOW CT SARATOGA CA 95070-3820 MULGAONKAR, PRASANNA G & ANJALI P 12489 BLUE MEADOW CT SARATOGA CA 95070-3820 FLEITMAN, BERNARD J & JUDITH A 12508 BLUE MEADOW CT SARATOGA CA 95070-3821 UENAKA, ITSUO TRUSTEE ETAL PERKINS, CHARLES E & DIANE _ E TRUSTEE 12450 BLUE MEADOW CT SARATOGA CA 95070-3850 CORBARI, RICHARD L TRUSTEE ETAL 12465 BLUE MEADOW CT SARATOGA CA 95070-3820 PECHAR, HENRY 12491 BLUE MEADOW CT SARATOGA CA 95070-3820 MCROBERTS, DAVID H & PAT 12496 BLUE MEADOW CT SARATOGA CA 95070-3851 WEHRMAN, MILTON H & NANCY P TRUSTEE 12513 SUMMER DR 12525 SUMMER DR SARATOGA CA 95070-3836 SARATOGA CA 95070-3836 L B DAN& WELCH, ROY M GALEB, S O O 12340 SARATOGA-SVALE RD 10 MARGARET E SARATOGA CA 95070 20437 SEAGULL WY SARATOGA CA 95070-3156 MAMMINI CORPORATION 333 W SANTA CLARA ST 280 SAN JOSE CA 95113-1714 MAMMINI CORPORATION 333 W SANTA CLARA ST 280 SAN JOSE CA 95113-1714 PENG, STEPHEN HSIN-YEH & XIAOMIN 20436 SEAGULL WY SARATOGA CA 95070-3128 SAVALA, KAREN J 20394 SEAGULL WY SARATOGA CA 95070-3128 GALEB, SLOBODAN & MARGARET E ETAL 20437 SEAGULL WY SARATOGA CA 95070-3156 GUTHRIE, WILLIAM &HUNG- CHIN 20422 SEAGULL WY SARATOGA CA 95070-3128 YANG, ERIC X & LICHUN 20380 SEAGULL WY SARATOGA CA 95070-3128 GALEB, SLOBODAN & MARGARET E ETAL 20437 SEAGULL WY SARATOGA CA 95070-3156 ~~®~'~.~ GALEB, SLOBDAN & MARGARET E ETAL 20 30 ZORKA AV TOGA CA 95070 KOZERA, ALEX & MARTA TRUSTEE 20294 ZORKA AV SARATOGA CA 95070-3134 PACIFIC GAS AND ELECTRIC CO SARATOGA CA 95070-0000 KWONG, WILLIAM & WINNIE 20363 LEUTAR CT SARATOGA CA 95070-3148 RANGARAJU, ANNAMALAI & HEMAMALINI 20375 LEUTAR CT SARATOGA CA 95070-3148 ~LE CROSSING 12378 SARATOGA-SLTNNYVALE RD SARATOGA CA 95070-3091 SUN, JIE & SHEHUA 18026 HARVEST LN SARATOGA CA 95070-0000 SHANBHAG, SANTOSH S & SHILPA S 18068 HARVEST LN SARATOGA CA 95070-0000 CHEN, HSIN-LIANG & SHAN- HS1N 18096 HARVEST LN SARATOGA CA 95070-0000 KAM KIN & YUET YIN 1 HARVEST LN SARATOGA CA 95070-0000 FICOVICH, ANYONE & ZORKA ETAL 20330 ZORKA AV SARATOGA CA 95070-3134 SOUTHERN PACIFIC TRANSPORTATION CO SARATOGA CA 95070-0000 HSIEH, HEI CHENG & CHID YUEH 12465 TED AV SARATOGA CA 95070-3158 SANYAL, MONISHI & LALITA 20367 LEUTAR CT SARATOGA CA 95070-3148 ROSHON, ARTHUR H & CECILE F 20379 LEUTAR CT SARATOGA CA 95070-3148 LOUIE, TERESA A 18000 HARVEST LN SARATOGA CA 95070 CHEN, TSE KUN & KUALA FANG 18032 HARVEST LN SARATOGA CA 95070-0000 LI, HENRY H & LINDA L 18076 HARVEST LN SARATOGA CA 95070-0000 CHID, JING WU & DASIA J 18083 HARVEST LN SARATOGA CA 95070-0000 SALAZAR, ALEXIS K & CATRINA A 18029 HARVEST LN SARATOGA CA 95070-0000 FICOVICH, ANYONE I & ZORKA M TRUSTEE ETAL 20330 ZORKA AV SARATOGA CA 95070-3134 PACIFIC GAS AND ELECTRIC CO SARATOGA CA 95070-0000 WANG, SEAN X & PING 20359 LEUTAR CT SARATOGA CA 95070-3148 CHEUNG, SUNNING TRUSTEE 20371 LEUTAR CT SARATOGA CA 95070-3148 FICOVICH; ANTONA & ZORKA M ETAL 12378 SARATOGA-SUNNYVALE RD SARATOGA CA 95070-3091 MURAKAMI, JAMIE ETAL 18006 HARVEST LN SARATOGA CA 95070-0000 AJIMINE, ERIC & LYNNE 18050 HARVEST LN SARATOGA CA 95070 MOW, MATTHEW & DIANAH ETAL 18088 HARVEST LN SARATOGA CA 95070-0000 SHAG, MIN JEN & TESSA 18079 HARVEST LN SARATOGA CA 95070-0000 HASAN, JAVED & NEENA 18021 HARVEST LN SARATOGA CA 95070-0000 ~~~~~~ CHAN, KAR M & SHIOUER TZAVARAS, PETER J ETAL LEONG, WAH SOON & CINDY Y 18015 HARVEST LN 18128 HARVEST LN 18117 HARVEST LN SARATOGA CA 95070-0000 SARATOGA CA 95070-0000 SARATOGA CA 95070-0000 HUEY, KEVIN S HO, WAIYAN LUI, ANDREW K & DONNA F 18101 HARVEST LN 18010 HARVEST LN 18018 HARVEST LN SARATOGA CA 95070-0000 SARATOGA CA 95070-0000 SARATOGA CA 95070-0000 • • ~~~~~~ • Attachment 3 • :~ ~~~1.~ ~I/~ri Wireless • Proposed Base Station (Site No. 117374 "Pierce Road") 12382 Saratoga Sunnyvale Road ~ Saratoga, California MAR 3 1 2005 Statement of Hammett & Edison, Inc., Consulting Engineers CITY OF SARATOGA ^A~!4~~1NI DE ~he ~~~Iammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Verizon Wireless, a personal wireless telecommunications carrier, to evaluate the base station (Site No. 117374) proposed to be located at 12382 Saratoga Sunnyvale Road in Saratoga, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC .adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical exposure limits. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive limit for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Personal Wireless Service A,pprox Frequency Occupational Limit Public Limit Personal Communication ("PCS") 1,950 MHz 5.00 mW/cm2 1.00 mW/cm2 Cellular Telephone 870 2.90 0.58 Specialized Mobile Radio .855 2.85 0.57 [most restrictive frequency range] 30-300 1.00 0.20 Power line frequencies (60 Hz) are well below the applicable range of these standards, and there is considered to be no compounding effect from simultaneous exposure to power line and radio frequency fields. General Facility Requirements Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or "cabinets") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The HAMMETT & EDISON, INC. d CONSULTING ENGINEERS V W 1 17374596.1 swN ~awNCisco Page 1 of 4 i.J ~®~~~ • Verizon Wireless • Proposed Base Station (Site No. 117374 "Pierce Road") 12382 Saratoga Sunnyvale Road • Saratoga, California transceivers are often located at ground level and are connected to the antennas by coaxial cables about 1 inch thick. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line-of--sight paths for their signals to propagate well and so are installed at some height above ground. The antennas are designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically very near the antennas. Computer Modeling Method • • F~ The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very close by (the "near-field" effect) and that the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon information provided by Verizon, including drawings by MSA Architecture & Planning, Inc., dated March 18, 2005, it is proposed to mount three Andrew Model directional dualband antennas on a 6-foot extension above an existing 1401/2-foot PG&E lattice tower located at 12382 Saratoga Sunnyvale Road in Saratoga. The antennas would be mounted at an effective height of about 144 feet above ground, with one Model DB731DG65VTAXM antenna oriented toward 60°T and two Model DB731DG90VTAXM antennas oriented toward 190°T and 280°T. The maximum effective radiated power in any direction would be 2,400 watts, representing simultaneous operation at 1,200 watts for PCS and 1,200 watts for cellular service. Presently located lower on the same tower are antennas for use by MetroPCS and by Sprint PCS, other wireless telecommunications carriers. Measurements conducted at the site by Mr. John W. Mowat, a qualified employee of Hammett & Edison, Inc., on January 15, 2004, anon-holiday weekday, found a maximum existing power density level at any publicly accessible location of 1.5% of the most restrictive public limit for the combined operation of the existing RF services at the site as installed and operating at that time. The measurement equipment used was a Wandel & Goltermann Type EMR-300 Radiation Meter (Serial No. P-0008) with a Type 8 Isotropic Electric Field Probe (Serial No. P-0036). Both meter and probe were under current calibration by the manufacturer. HAMMETT & EDISON, INC. CONSULTII~IG ENGINEERS SAN FRANCISCO VW 117374596.1 Page 2 of 4 ~~®~~.~ Verizon Wireless • Proposed Base Station (Site No. 117374 "Pierce Road") 12382 Saratoga Sunnyvale Road ~ Saratoga, California Study Results ~~. The maximum ambient RF level for a person anywhere at ground due to the proposed Verizon operation by itself is calculated to be 0.00059 mW/cm2, which is 0.10% of the applicable public limit. Therefore, the maximum cumulative level at ground for the simultaneous operation of all three carriers is expected to be 1.6% of the public exposure limit. The maximum calculated level at the second floor elevation of any nearby building' due to Verizon by itself is 0.12% of the public exposure limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected to overstate actual power density levels. Cumulative levels at any of the nearby buildings are expected to be many times below the public limit. No Recommended Mitigation Measures Since they are to be mounted on a PG&E tower, the Verizon antennas are not accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. It is presumed that PG&E already takes adequate precautions to ensure that there is no unauthorized access to its tower. To prevent exposures in excess of the occupational limit by authorized PG&E workers, it is expected that they will adhere to appropriate safety protocols adopted by that company. Conclusion • Based on the information and analysis above, it is the undersigned's professional opinion that the base station proposed by Verizon Wireless at 12382 Saratoga Sunnyvale Road in Saratoga, California, will comply with the prevailing standards for limiting public exposure to radio frequency energy and, therefore, will not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations. Located at least 90 feet away, based on aerial photographs from Terraserver. • HAMMETT & EDISON, INC. VW117374596.1 0 CONSULTII~IG ENGINEERS SAN FRANCISCO Page 3 o,,{{f~~•.4 • • Verizon Wireless • Proposed Base Station (Site No. 117374 "Pierce Road") 12382 Saratoga Sunnyvale Road • Saratoga, California Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2005. This work has been carried out by him or under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. March 25, 2005 HAMMETT & EDISON, INC. CONSULT'II~IG ENGINEERS SAN FRANCISCO V W 117374596.1 Page 4 of 4 `~~~~~~ FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure, that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements, which are nearly identical to the more recent Institute of Electrical and Electronics Engineers Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz." These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frecluenc~ Applicable Range (MHz) 0.3 - 1.34 1.34 - 3.0 3.0 - 30 30 - 300 300 - 1,500 1,500 - 100,000 1000 100 TN 3 ~ ~ 10 a q ~ 1 ., 0.1 Electromagnetic Fields (f is frequency of emission in MHz Electric Magnetic Equivalent Far-Field Field Strength Field Strength Power Density (V/m) (A/m) (mW/cm2) ; 614 614 1.63 1.63 100 100 614 823.8/f 1.63 2.19/f 100 180/f 1842/ f 823.8/f 4.89/ f 2.19/f 900/ f 180/f 61.4 27.5 0.163 0.0729 1.0 0.2 3.54~f 1.59ff ~f/106 ~f/238 f/300 f/1500 137 61.4 0.364 0.163 5.0 1.0 ! Occupational Exposure PCS ~~ Cell ~ FM ~ ~~~~~ Public ExDOSUre 0.1 1 10 100 103 104 105 Frequency (MHz) Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows-for the description of buildings and uneven terrain, if required to obtain more accurate projections. HAMMETT & EDISON, INC. _ ® CONSULTQVG ENGINEERS SAN FRANCISCO FCC Guidelines Figure 1 • • ~~~~ ~~ RFRCALCT"' Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum permissible exposure limits adopted by the FCC (see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is defined by the distance, D, from an antenna beyond which the manufacturer's published, far field antenna patterns will be fully formed; the near field may exist for increasing D until some or all of three conditions have been met: 1) D>~ 2) D>Sh 3) D> 1.6~. where h =aperture height of the antenna, in meters, and ~. =wavelength of the transmitted signal, in meters. The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives this formula for calculating power density in the near field zone about an individual RF source: 180 0.1 x Pnet power density S= 8BW x n x D x h' m mW/~2' where 6B~,~, =half-power beamwidth of antenna, in degrees, and Pnet =net power input to the antenna, in watts. The factor of 0.1 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates distances to FCC public and occupational limits. Far Field. OET 65 gives this formula for calculating power density in the far field of an individual RF source: power density S = 2.56 x 1.64 x 100 x RFF2 x ERP mW 2 in /cm , 4x7tixD2 where ERP =total ERP (all polarizations), in kilowatts, RFF =relative field factor at the direction to the actual point of calculation, and D =distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. HAMMETT & EDISON, INC. 9 CONSULTING ENGINEERS Methodology SAN FRANCISCO Figure 2 J W+~~~~ • Attachment 4 C~ ~~~~~~ _~ 0 ~ , `/ ~ ~~ - ~~ ENGINEERED ~ AEROACOUSTICS, _ • Verizon Wireless 2785 Mitchell Drive Walnut Creek, CA 94598 ~~~ 14 ~ 1= EB 2005 CIl'Y OF SAILA"~UG;~. E-mail: larry.hanse Web Site: wv Attention: Mr. James Graham, Engineer-Construction, North Subject: Pierce Road Site, Engine-Generator Acoustcrteria Reference: EAI File Number 01-6122 Gentlemen: 08 F inonoise.com nonoise.com Regio Pursuant to your request, Engineered Aeroacoist~°fnc. (EAI) has reviewed the design parameters and acoustic criteria for the~~tallation oa:Generac Model SG030, 30-kW, engine generator (EnGen) at the Ve.r::izon P~r~>~,.Road~sit';lt. is the understanding of EAI that the stated acoustical goal is to;l35-dBA'a~<-feet distance from the EnGen weather housing. This acoustic criteria is a EAI has aeroacoustically s (Raddis), to provide the rep following assumptions:;::;;; 1. The factory furr>ishe~ acoustical attenu:atjon to 2. The defactQ. site ac location) sa~t`'will not ac Raddis sifi?cer sound pi ~vabtef;~r.:the selected EnGen model and power rating. silencer ri~od:ules, for the air intake and radiator-discharge site attenuafioi<#o. achieve the stated criteria based on the er enclosure (by others) will exhibit sufficient EnGen 'dial 30-dBA sound pressure level at 45-feet. I ambient is a nominal 30-dBA maximum (at the measuring ely sum with the attenuated EnGen enclosure, intake and tt~::.levels. i;~'~ted a na~fse attenuation system fora 300-kW natural gas EnGen that BA sound<pressure level at 3-feet distance from the unit in a rural 4coustic?sting had to be accomplished on a day with dead-calm wind spgc~ed when birds sang! Even with the aforementioned precautions, erg hers' considered o Inion that the ma'orit of the measured sound 9 p~ 1 Y were natural in origin. It has been EAI's experience from a multitude of site irements that a realistic 45-dBA is very uncommon in either a rural or urban • Continued .. . 2711 Nevada Ave. North, Minneapolis, MN 55427-2806, United States of America (763) 535-0102 FAX: (763) 535-0131 Visit our website: www.eainonoise.com ~~®~-~~ ., _` We hope the above text answers your immedi.a~e`questions corning the proposed acoustical design features. Please feel free to c~titact us;with any~cjtions or concerns. • ~F 1 TIONS • Environmental Engineering Industrial Noise & Vibration Control =/=- Aerodynamics /Thermodynamics Analysis /Diagnostics / Remediation ~~~~~~ Respectfully yours, Attachment 5 ~~®~1+'2`~' Page 1 of 1 Christy Oosterhous ~, From: Karen McPherson [karen.mcpherson@ridgecommunicate.com] i. Sent: Thursday, March 24, 2005 10:56 AM To: Christy Oosterhous Subject: FW: Legend for coverage maps. Christy: Here is the legend for the Coverage maps; Red- Good Coverage Indoor & Outdoor Yellow- Good Coverage Outdoor & Fair coverage Indoor Blue- Fair Coverage Outdoor & Spotty coverage Indoor Green- Spotty Coverage Outdoor & Marginal coverage Indoor Fuchsia- Marginal coverage Outdoor, & No Coverage Indoor. Magenta- No coverage Karen McPherson Ridge Communications 925-200-6328 • ~~~~~~ 3/29/2005 O • C 3 y O ~+ L H N O L v Q L • H r ~+ 3 O H C Y O O 3 as .~ ~. 0 z 0 3 .y ~~ 0 r 4 V~ • ~~ ~ ~. _o N `- ~ C c--! 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