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HomeMy WebLinkAbout04-13-2005 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, April 13, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Commissioner Nagpal called the meeting to order at 7:02 p.m. ROLL CALL Present: Commissioners Cappello, Hunter, Kundtz, Nagpal, Schallop and Uhl Absent: Commissioner Rodgers Staff: Associate Planner Christy Oosterhous PLEDGE OF ALLEGIANCE ELECTION OF A NEW PLANNING COMMISSION CHAIR AND VICE-CHAIR Motion: Upon motion of Commissioner Hunter, Commissioner Nagpal was selected as the Planning Commission Chair. (6-0-1; Commissioner Rodgers was absent) Motion: Upon motion of Commissioner Uhl, Commissioner Rodgers was selected as the Planning Commission Vice Chair. (6-0-1; Commissioner Rodgers was absent) APPROVAL OF MINUTES – Regular Meeting of March 23, 2005. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, the Planning Commission minutes of the regular meeting of March 23, 2005, were adopted as submitted. (6-0-1; Commissioner Rodgers was absent) WELCOME NEW COMMISSIONERS Chair Nagpal welcomed newly appointed Commissioners Cappello and Kundtz to their first meetings on the Planning Commission. ORAL COMMUNICATION There were no Oral Communication Items. Planning Commission Minutes for April 13, 2005 Page 2 REPORT OF POSTING AGENDA Associate Planner Christy Oosterhous announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 7, 2005. REPORT OF APPEAL RIGHTS Chair Nagpal 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. CONSENT CALENDAR There were no Consent Calendar items. *** PUBLIC HEARING - ITEM NO. 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 requests 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. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant, Verizon Wireless, is seeking approval of a Conditional Use Permit to allow three panel antennas at an existing PG&E lattice tower. • Explained that the height of the lattice tower would increase by 5.5 feet. An equipment area will be located on the ground and enclosed with an eight-foot high wood fence. • Reported that there are several carriers already on site. • Added that a generator is proposed, which will require weekly testing. • Recommended approval with revised Conditions of Approval #8 and #9. Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Ms. Karen McPherson, Applicant, Verizon Wireless: • Complimented staff on a wonderful job in presenting this application. • Stated that it has been a pleasure working with Christy Oosterhous. • Advised that Verizon is joining two existing carriers on this site, MetroPCS and Sprint. Planning Commission Minutes for April 13, 2005 Page 3 • Stated that the noise standard that they should be held to is the standard as outlined in the City’s Noise Ordinance. • Added a concern about the requirement for landscape maintenance and suggested that consecutive shorter-term contracts (five years) are more typical than the stated “perpetual maintenance of the landscape.” Commissioner Cappello asked if the proposed landscaping consists simply of oleanders. Ms. Karen McPherson replied yes. They will plant seven oleanders that will be regularly watered. Oleanders are both disease and bug resistant and will do quite well. Chair Nagpal asked for clarification about the concerns with proposed language included on the April 12, 2005, staff memo. Ms. Karen McPherson: • Said the Condition #8 has ambiguous language reading, “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.” • Assured that they plan to comply with the City’s Noise Ordinance standards, which are very strict. If they are simply asked to meet those Noise Ordinance standards, they are comfortable with the Condition. • Added that there is a lot of legalese in Condition #9 and that both sides’ attorneys should be able to work out the details in a way that is acceptable to all. Chair Nagpal closed the Public Hearing for Agenda Item No. 1. Commissioner Hunter said she was fine with this request. She added that she could understand the concerns raised about the two conditions mentioned and was sure that these issues could be resolved so that this applicant is held to the same standards as other similar applications. Commissioner Schallop expressed his agreement, saying that the wording is ambiguous. Commissioner Hunter stated that no one could sign up for landscaping forever. Commissioner Kundtz: • Stated that he has concerns about a portion of the draft Resolution that can be resolved with a simple addition of text. • Suggested that Section 1, Item I, could have the added language following the word antennas to read, “…antennas, landscaping and fences as shown on Exhibit A.” Motion: Upon motion of Commissioner Kundtz, seconded by Commissioner Hunter, the Planning Commission granted a Use Permit Approval (Application #04-065) to allow the installation of three panel antennas in a co-location with two existing carrier with a maximum height of 146.5 feet and including a 532 square foot equipment enclosure surrounded by eight foot high wood fence and screening oleanders on property located at 12383 Saratoga-Sunnyvale Road, with the revisions stated to the Conditions, by the following roll call vote: Planning Commission Minutes for April 13, 2005 Page 4 AYES: Cappello, Hunter, Kundtz, Nagpal, Schallop and Uhl NOES: None ABSENT: Rodgers ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Chair Nagpal sought clarification whether the 3:30 p.m. site visit start time continues to be the most convenient for the Commission. Upon discussion, it was determined that the visits would occur at 3:30 p.m., later on days where the list of sites to visit requires less time than typically required. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, Chair Nagpal adjourned the meeting at 7:20 p.m. to the next Regular Planning Commission meeting of April 27, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk