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HomeMy WebLinkAboutCity Council Resolution 15-058 -appeal of cell tower 20455 Herriman Ave.RESOLUTION NO: 15-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL, AND APPROVING A DESIGN REVIEW (PDR14-0028), REGARDING A WIRELESS TELECOMMUNICATION FACILITY LOCATED AT 20455 HERRIMAN AVENUE (SARATOGA PRESBYTERIAN CHURCH) (386-26-070) WHEREAS, on December 17, 2014, an application was submitted by Verizon Wireless requesting approval for a wireless facility and associated equipment on classroom building, located at 20455 Herriman Avenue (Saratoga Presbyterian Church). The installation includes nine panel antennas with six RRU units to be erected on the roof of the classroom building within a proposed new 10 foot tall cupola architectural element on the western portion of the roof. The cupola will be 10'-0" tall and 8'-6" in width and will have consistent roofing materials and paint colors to match both the church and classroom building. Cables that connect the antennas to the ground mounted equipment will be located in a `cable tray' on the western side of the classroom building and will be painted to match the building. An associated 25 KVA generator will also installed on-site within the existing CMU fence courtyard surrounding the Church sanctuary building. 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 June 10, 2015, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties, and approved the Design Review application for the Project (PDR14- 0028); and WHEREAS, on June 24, 2015, an appeal to the City Council was filed by Benyu Fan, Hao Zheng, and Murali Subbarad (collectively "appellant"); and WHEREAS, on September 16, 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 the appellant, affirms the decision of the Planning Commission of the City of Saratoga made on June 10, 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 CEQA Guidelines. This exemption applies to new construction and installation of small, new equipment and facilities in small structures. Section 3: The project is consistent with the Saratoga City Code in that 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 incorporating appropriate architectural treatments and screening (e.g. use of a cupola architectural element that will match the color and materials of existing buildings, and will visually screen proposed antennas). Section 4: The City Council of the City of Saratoga hereby approves PDR14-0028 located at 20455 Herriman Avenue, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 16th day of September 2015 by the following vote: AYES: Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member Emily Lo, Mary -Lynne Bernald NOES: Council Member Rishi Kumar ABSENT: ABSTAIN: 111-1 /kit/ Howard A. Miller, Mayor Attest: ebbie Bretschneider, Acting City Clerk Exhibit 1 CONDITIONS OF APPROVAL PDR14-0028 20455 Herriman Avenue (APN 393-41-032) 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. 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 project 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". 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 approval in accordance with Condition A.3, above. 10. Harmonizing with Existing Structures. The exterior color of the cupola and its roofmg materials shall match the classroom building. All cables that are attached to the building are to be painted to match the building. 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. 12. City Arborist. One Liquid Amber (tree 401) growing in the courtyard will be potentially impacted by the project. If this tree cannot be saved than it can be removed and replaced with a new tree per Arborist Report ARB 14-0065. C. REQUIREMENTS OF OTHER AGENCIES OR UTILITIES 13. 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. 14. 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. 15. Governmental entities. All applicable requirements of the State, County, City and other Governmental entities, including the California Public Utilities Commission, must be met. 16. 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.