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HomeMy WebLinkAboutCity Council resolution 12-003 RESOLUTION NO. 12 -003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF DESIGN REVIEW APPLICATION PDR 10 -0018 NSA Wireless Verizon Wireless; Highway 9, North of Farwell Approval of the installation of three wireless antennas and associated equipment for Verizon Wireless WHEREAS, on November 9, 2011, following a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence, the City of Saratoga Planning Commission approved a Design Review application (PDR10 -0018) for the installation of three wireless telecommunication antennas and the construction of an equipment structure to be placed on a land area owned by Caltrans on Saratoga -Los Gatos Road, North of Farwell Avenue. The foregoing work is described as the "Project" in this Resolution; and WHEREAS, on November 28, 2011 an appeal of the Planning Commission decision was filed by the appellants Chang -Yung Tung; and WHEREAS, on January 18, 2012, the City Council held a duly noticed public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith; Now, therefore be it resolved that the City Council of the City of Saratoga hereby: I. Deny the appeal and affirm the Planning Commission's approval of the Design Review application; and II. Determines that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 New Construction or Conversion of Small Structures. This exemption allows for construction and location of limited numbers of new, small facilities or structures and installation of small new equipment and facilities in small structures. III. Determines that the applicant has met the burden of proof required to support said application for Design Review Approval, as consistent with the below findings specified in City Code Section Article 15- 46.040: Attachment 1 Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15- 46.040: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color, and appurtenances. The proposed antennas and accessory cabling will be painted a similar color to the existing equipment already located on the pole. The proposed unenclosed accessory structure will be surrounded by drought tolerant shrubs and painted forest green in order to integrate with the surrounding foliage. This finding can be made in the affirmative. (b) Where more than one sign will be erected or displayed on the site, the sign shall have a common or compatible design theme and locational positions and shall be harmonious in appearance. This project proposes one weather and corrosion resistant sign in order to comply with General Order 95 of the State of California which establishes the rules of overhead electric line construction. A compatible theme will be met in that the associated equipment will be the same color as the existing equipment on the existing wooden pole. The finding can be made in the affirmative. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. The project landscaping will be clustered to appear natural. Existing redwoods, oaks, and cedar trees are located around the pole. Those trees will be undisturbed and protected by appropriate means, as required by the City Arborist. The antennas will be placed approximately 30 feet in the air and placed in a manner to blend in with the existing utility pole. This finding can be made in the affirmative. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. This project proposes walls constructed of pressure treated pine wood slats and cement masonry walls topped decorative lattice. The colors of the slats, walls, and lattice will be forest green, in order to match the existing mature vegetation in the rear of the proposed structure and the proposed toyon shrubs which will be planted on the sides. The colors are be earthtone and non- reflective. This finding can be made in the affirmative. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. This project does not propose a roof or roof structure. All associated equipment will be placed on the existing pole and be painted in a color similar to match the existing equipment already on the pole. This finding is non applicable to the proposed project. (f) The proposed development shall be compatible in terms of height, bulk, and design with other structures in the immediate area. This project meets this finding in that the antenna installation and unenclosed accessory structure would be compatible with existing utility poles and residential fences in the nearby area. The proposed antennas would be attached to a utility pole which is very similar in height to existing utility poles in the area. The unenclosed accessory structure is similar to structures that house electrical equipment within CalTrans right of way. The applicant has proposed a structure that not only meets the requirements of Verizon Wireless, but will support the rural character of the City in its design and character. This finding can be made in the affirmative. IV. After careful consideration of the site plan, architectural drawings, and other exhibits submitted in connection with this matter, the exemption from CEQA is approved and required findings being made that the application number of PDR10 -0012 for a Planning Commission Design Review Approval for a wireless facility is hereby granted subject to the following conditions: CONDITIONS OF APPROVAL A. GENERAL 1. The Planning Commission shall retain continuing jurisdiction over the Design Review and may, at any time, modify, delete, or impose any new conditions of the permit to preserve the public health, safety, and welfare. 2. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the city code including but not limited to section 16- 05.035, as applicable. 3. The Community Development Director shall mail to the Owner /Applicant a notice in writing, on or after the time this Resolution of Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively "processing fees This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 4. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution and the Design Review will expire unless extended in accordance with the City Code. 5. The facility shall at all times operate in compliance with all applicable regulations of the State, County, City and /or other governmental agencies having jurisdictional authority over the facility pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having j urisdiction. 6. Prior to issuance of any demolition, grading, or building permit to implement this Design Review approval the Applicant shall obtain a "Zoning Clearance" from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 7. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the Community Development Director. B. COMMUNITY DEVELOPMENT 8. Compliance with Plans. The facility shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" and Photo Simulations denominated Exhibit `B Planting Plan denominated Exhibit "C" date stamped November 2 2011, incorporated by this reference. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to the requisite prior City approval. 9. Harmonizing with Existing Structures. Prior to the installation of the proposed panel antennas and accessory equipment, the antennas and equipment shall be painted a color similar to the existing utility pole and subject to approval of the Community Development Director. 10. Safety Fencing During Construction. During all phases of construction, the Applicant shall install and maintain temporary safety fencing to restrict or prevent public access to active on -site construction activities, materials, or chemicals. 11. Decommission. If the subject site is decommissioned in the future, all cellular antennas and related equipment shall be removed within 30 days of cessation of operation. 12. Governmental entities. All applicable requirements of the State, County, City and other Governmental entities must be met. 13. Federal Communications Commission (FCC) Verification. The owner and/or Applicant for this Project shall contact the FCC and verify whether there are any required permits from said Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed equipment installations (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall submit to the Community Development Department documentation from the FCC showing proof of compliance of the proposed use and/or development with the FCC's requirements. 14. Fire Agency Conditions. The Owner Applicant shall comply with all Fire Agency Conditions. 15. Building Department. The Owner Applicant shall comply with all building standards including any improvements necessary to comply with the building code. 16. Emergency Access. The Owner Applicant shall provide a 24 -hour phone number to which interference problems may be reported, and will resolve all interference complaints within 24 hours from the time the interference was reported. 17. Landscaping Payment in lieu Agreement. The Owner Applicant shall be responsible for the installation and maintenance for up to five years (or payment in lieu of said installation and maintenance of additional streetscape landscaping along the north side of Highway 9 between Horseshoe Court and Farwell Avenue, to the satisfaction of the Community Development Director or his designee. The additional landscaping shall be in a form consistent with the design established by the Landscaping and Lighting Assessment District LLA -1. 18. Required Landscaping. The Owner Applicant shall be required to plant and maintain any and all proposed shrubs, or appropriate landscaping, as discussed at the November 9 2011 Planning Commission Meeting, to the satisfaction of the Community Development Director or his designee for up to five years after the project has received a building final. V. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. VI. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 18 day of January, 2012 by the following roll call vote: AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Mayor Chuck Page NOES: Vice Mayor Jill Hunter ABSENT: None ABSTAIN: None terA.1 uck Page, Mayor ATTEST: ar rid ��tA w DATE: (ID Pe Crys orrow, City Clerk