HomeMy WebLinkAboutCity Council Resolution 15-047 - Denying Appeal Approving Design Review PDR15-0004 Wireless Antenna 19848 ProspectRESOLUTION NO. 15-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DENYING AN APPEAL, AND APPROVING A DESIGN REVIEW (PDR15-0004)
REGARDING WIRELESS ANTENNA LOCATED NEAR 19848 PROSPECT ROAD
(SARATOGA PROSPECT CENTER)(APN 386-26-070)
WHEREAS, on March 11, 2015, an application was submitted by Verizon Wireless
requesting Design Review approval for the installation of a Small Cell wireless antenna and associated
equipment on an existing utility pole, located on the south side of Prospect Road, near Saratoga
Prospect Center. The installation includes one antenna on a pole top extension; three Radio Remote
Units (RRU's), one ground mounted cabinet, an electrical meter, and associated cabling. The height
of the utility pole with the antenna would increase from approximately 45 feet to 54 feet. The antenna
and associated equipment would be painted "Mesa Brown" in order to match the existing utility pole.
The foregoing work is described in more detail in the application and referred to as the "Project" in
this Resolution.
WHEREAS, the Community Development Department completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act (CEQA), and
recommends that the City Council determine this project categorically exempt under CEQA
Guideline §15303, as the Planning Commission did previously.
WHEREAS, on May 13, 2015, the Planning Commission held a duly noticed public hearing
on the Project, and considered evidence presented by City Staff, the applicant, and other interested
parties, and approved the Design Review application for the Project (PDR15-0004); and
WHEREAS, on May 26, 2015, an appeal to the City Council was filed by Jerry (Miaobin)
Gao and Ying Ding (collectively "appellant"); and
WHEREAS, on August 19, 2015, the City Council held a duly noticed public hearing on the
subject appeal, and considered the proposed categorical exemption under CEQA Guideline §15303,
and the evidence presented by City Staff, the appellant, the applicant, and other interested parties.
NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appeal of
Jerry Gao and Ying Ding, affirms the decision of the Planning Commission of the City of Saratoga
made on May 13, 2015, approves the categorical exemption under CEQA, approves applicant's
Design Review application, and further finds, determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference. The documents constituting the record of proceedings upon which this decision is based
are located in the City of Saratoga Department of Community Development and are maintained by
the Director of that Department.
Section 2: The project is Categorically Exempt from the Environmental Quality Act (CEQA)
pursuant to Section 15303, "New Construction or Conversion of Small Structures," Class 3 (a) of the
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CEQA Guidelines. This exemption applies to new construction and installation of small, new
equipment and facilities in small structures such as the Project.
Section 3: The Project is consistent with the Saratoga City Code in that for the reasons set
forth in the staff report for the August 19, 2015 public hearing the design and improvements are
consistent with the required Design Review findings for wireless communications facilities (City
Code Article 15-44), including but not limited to the Project being located on an existing utility pole
in the public right-of-way, incorporating appropriate architectural treatments and screening (e.g. to
substantially include stealth design solutions, blending in with the surrounding environment and
predominant background, non -reflective colors and materials, exterior textures matching the existing
support structure and reasonably compatible height with the existing surrounding environment), and
existing landscaping provides visual screening of ground -mounted equipment and related structures
compatible with the image and aesthetics of the surrounding area.
Section 4: The City Council of the City of Saratoga hereby approves PDR15-0004 located
near 19848 Prospect Road, subject to the Conditions of Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 19t day of August
2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member Emily Lo,
Mary -Lynne Bernald
Council Member Rishi Kumar
TEST:
Cryst1 Bothelio,
DATE:
ftty Clerk
✓ 1"V
Howard A. Miller, Mayor
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'21 Ip -o �S
Exhibit 1
CONDITIONS OF APPROVAL
PDR15-0004
Near 19848 Prospect Road
(APN 386-26-070)
A. GENERAL
1. All conditions below which are identified as permanent or for which an alternative period of time
for applicability is specified shall run with the land and apply to the landowner's successors in
interest for such time period. No zoning clearance, or demolition, grading for this project shall
be issued until proof is filed with the city that a certificate of approval documenting all applicable
permanent or other term -specified conditions has been recorded by the applicant with the Santa
Clara County Recorder's office in form and content to the Community Development Director.
2. If a condition is not "Permanent" or does not have a term specified, it shall remain in effect until
the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent.
3. Conditions may be modified only by the Planning Commission unless modification is expressly
otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16-
05.035, as applicable.
4. The City shall mail to the Owner and Applicant a notice in writing, on or after the time the
Resolution granting this Approval is duly executed 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).
5. A Building Permit must be issued and construction commenced within 36 months from the date
of adoption of this Resolution or the Design Review Approval will expire unless extended in
accordance with the City Code.
6. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design
Review Approval the Owner or 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.
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8. 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 City Attorney.
B. COMMUNITY DEVELOPMENT
9. Compliance with Plans and Description of Use. The development shall be located and
constructed to include those features, and only those features, as shown on the Approved Plans
and Description of Use, denominated Exhibit "A", and the Photo Simulations, denominated
Exhibit "B", both received and dated March 11, 2015. All proposed changes to the Approved
Plans and Description of Use 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
approval in accordance with Condition A.3, above.
10. Harmonizing with Existing Structures. Prior to the installation of the proposed antenna and
accessory equipment, the antenna and equipment shall be painted a color "Mesa Brown" similar
to the structure it's being attached to.
11. Building Division Submittal. Three (3) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the Community
Development Department Director or designee prior to issuance of Zoning Clearance. The
construction plans shall, at a minimum include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit "A"
on file with the Community Development Department and referenced in Condition No. B.9
above;
b. This signed and dated Resolution printed onto separate construction plan pages;
c. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division
C. REQUIREMENTS OF OTHER AGENCIES OR UTILITIES
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12. Federal Communications Commission (FCC) Verification. The 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.
13. 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.
14. Governmental entities. All , applicable requirements of the State, County, City and other
Governmental entities, including the California Public Utilities Commission, must be met.
15. Emergency Access. The 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.
16. Additional Wireless Equipment. Design review approval will be required for all additional
antennas that are proposed to be installed on the existing utility pole that would substantially
change the physical dimensions of the existing utility pole.
17. Pedestrian and ADA Access. All antennas and associated equipment shall be located on the
utility pole or within the landscape median between the sidewalk and the curb of Prospect Road.
No antennas or associated equipment shall be allowed to be installed if the equipment creates an
obstacle for pedestrian or ADA access.
702227.2
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