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HomeMy WebLinkAbout01-13-2010 Planning Commission PacketTable of Contents Agenda 2 December 12, 2009 Draft Minutes 4 APPLICATION APPC09-0003 (386-28-003) Monteverde, 12255 Titus Avenue Staff Report 6 APPLICATION PDR09-0028 (386-10-049) Crown Castle on behalf of Verizon Wireless, 17777 Saratoga Avenue Staff Report 8 Attachment 1 12 Attachment 2 18 Attachment 3 21 Staff Report 24 Attachment 1 28 Attachment 2 34 Attachment 3 37 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, January 13, 2010 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners Vice-Chair Mary-Lynne Bernald, Manny Cappello, Joyce Hlava, David Reis, Douglas Robertson, Linda Rodgers, and Chair Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of December 12, 2009 ORAL COMMUNICATION 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 regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 7, 2010 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, pursuant to Municipal Code 15-90.050 (b). 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. PUBLIC HEARING 1. APPLICATION APPC09-0003 (386-28-003) Monteverde, 12255 Titus Avenue - The appellant is appealing the approval of an Over the Counter (OTC) permit to relocate a shed within the rear yard. The permit approved the placement of a 249 sq. ft. shed into the rear yard. The applicant has applied for a conditional use permit to relocate the shed into the rear yard and side yard. Per City Code 15-55.030, a conditional use may be permitted by a use permit to have different front, side, and rear setback area minimums. The lot is approximately 22,000 square feet and the site is zoned R-1-10,000. (Michael Fossati) 2. APPLICATION PDR09-0028 (386-10-049) Crown Castle on behalf of Verizon Wireless, 17777 Saratoga Avenue - The applicant is requesting Design Review approval to install three new antennas to an existing monopole. The project also includes the installation of 12 new coaxial cables. The lot is approximately 11,000 square feet and the site is zoned Professional-Administrative. (Michael Fossati) 2 DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, January 27, 2010 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 Clerk at (408) 868-1269 or ctclerk@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). POSTING Certificate of Posting of Agenda: I, Abby Ayende, 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 January 7, 2010 , 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 e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, December 9, 2009 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners Manny Cappello, Joyce Hlava, David Reis, Linda Rodgers and Chair Yan Zhao ABSENT Mary-Lynne Bernald and Douglas Robertson PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of October 28, 2009 (Approved, 5:0) ORAL COMMUNICATION 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 regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 3, 2009 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, pursuant to Municipal Code 15-90.050 (b). 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. PUBLIC HEARING 1. APPLICATION PDR09-0023 (397-26-002) Bloch Family Limited Partnership, 14195 Saratoga Avenue - The applicant requests Design Review approval to complete construction of a two-story main residence, detached garage and second dwelling unit at 14195 Saratoga Avenue. The total proposed floor area is approximately 4,507 square-feet. The height of the proposed main structure is 22 feet, while the detached garage and second dwelling unit will be no higher than 13 feet. The lot is approximately 22,000 square feet and the site is zoned R-1-12,500. (Michael Fossati) (Approved, 5:0) 4 DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURNED 7:20 PM - Wednesday, January 13, 2010 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 Clerk at (408) 868-1269 or ctclerk@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). POSTING Certificate of Posting of Agenda: I, Abby Ayende, 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 December 3, 2009, 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 e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 5 6 7 8 9 10 11 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 10-001 FOR APPROVAL OF DESIGN REVIEW Application # PDR 09-0028 Verizon Wireless (Crown Castle) / 1777 Saratoga Avenue The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga Planning Commission has received an application for Design Review Approval for the Project shown in Exhibit "A" including a photo simulation denominated Exhibit “B” date stamped December 22, 2009, incorporated by this reference. The proposed project is the installation of three new antennas to an existing monopole. The overall number of antennas for Verizon Wireless / Crown Castle will be nine antennas on the second rung from the bottom of the pole. The foregoing use will be described as the “Project” in this Resolution. II. Design Review Requirement City Code Section 15-46.020(a)(7) requires Design Review Approval for any new antenna facility operated by a public utility for transmitting and receiving cellular telephone and wireless communication. This Design Review Approval requirement implements the Saratoga General Plan, including but not limited to: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surrounding. III. Planning Commission Review On January 13, 2010 the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the staff report on the Project, CEQA documentation, correspondence, presentation from the Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental Review The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15301), “Existing Facilities”. This exemption allows for minor modifications involving negligible expansion of use and no exception to that exemption applies. V. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section 15- 46.040 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: 12 2 Application No. PDR 09-0028; 1777 Saratoga Avenue (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 structure will be harmonious in appearance and design. The proposed antennas will be co-located on an existing monopole which already supports numerous antennas. The proposed antennas and accessory cabling will be constructed of the same material and painted a color to match the existing antennas and monopole structure. 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 does not propose signage. A compatible theme will be met in that the proposed antennas are the same color, material and size of the existing antennas located on the monopole. 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. This project does not propose landscaping. Existing vegetation is located on adjacent properties to mitigate the site of the monopole. The antennas will be placed approximately 55 feet in the air and placed in a manner to blend in with the existing monopole. 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 does not propose a wall or roofing materials. The site currently has a sound wall barrier, existing vegetation, and fencing that surrounds and blends in with the existing environment. 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. 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 antennas will be installed on an existing monopole that already accommodates numerous antennas. The project is surrounded by a main arterial street and numerous commercial and industrial properties and would not be a substantial visual impairment over what currently exists. VI. Project Approval After careful consideration of the application, site plan, architectural drawings, and other materials and exhibits and evidence submitted to the City in connection with this matter, Application No. PDR 09-0028 (Planning Commission Design Review) for a wireless facility is approved subject to the conditions set forth below. 13 3 Application No. PDR 09-0028; 1777 Saratoga Avenue 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 jurisdiction. 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: 14 4 Application No. PDR 09-0028; 1777 Saratoga Avenue 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”, date stamped December 22, 209, 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 antennas and utility tower 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. 15 5 Application No. PDR 09-0028; 1777 Saratoga Avenue 14. Fire Agency Conditions. Applicant shall comply with all Fire Agency Conditions. 15. Building Department. Applicant shall comply with all building standards including any improvements necessary to comply with the building code. 16 6 Application No. PDR 09-0028; 1777 Saratoga Avenue PASSED AND ADOPTED by the City of Saratoga Planning Commission this 13th day of January 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Yan Zhao Chair, Planning Commission ATTEST: ___________________________________ John F. Livingstone, AICP Secretary to the Planning Commission ACCEPTANCE BY APPLICANT AND OWNER 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 time required in this Resolution by the City of Saratoga Planning Commission. __________________________________ ____________________________ Applicant Date __________________________________ ____________________________ Property Owner or Authorized Agent Date 17 AFFIDAVIT OF MAILING NOTICES I, Michael Fossati being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the 22nd day of December , 2009, that I deposited 38 Notices in the United States Post Office, 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 15-46.020 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 described as: APN: 386-10-049 Address: 1777 Saratoga Avenue that on said day there was regular communication by United States Mail to the addresses shown above. _______________________________ Michael Fossati City of Saratoga 18 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, the 13th day of January, 2010, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: PDR09-0028 / 1777 Saratoga Avenue APPLICANT/OWNER: Crown Castle in c/o Verizon Wireless APN: 386-10-049 DESCRIPTION: The applicant is requesting Planning Commission Design Review approval to install three new antennas to an existing monopole. The project also includes the installation of new coaxial cables on the exterior of the existing monopole. The cabling will be painted to match the existing monopole. The proposal will not increase the height of the existing utility structure. The lot is approximately 11,000 square feet and the site is zoned Professional- Administrative. 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 may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, January 5th 2010. 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. Michael Fossati Assistant Planner (408) 868-1212 19 Parcel Number Owner Name Owner Address Owner City, State Zip 38610004 VELLA LEONARD J TRUSTEE 231 HOURET DR MILPITAS, CA 95035 38610006 PATRICK EDWARD H SR AND VIRGIN P.O. BOX 6030 PHOENIX, AZ 85005 38610007 SEGALL JOHN B AND REVA A TRUST 456 CORNELL AV SAN MATEO, CA 94402 38610007 SEGALL JOHN B AND REVA A TRUST 456 CORNELL AV SAN MATEO, CA 94402 38610007 SEGALL JOHN B AND REVA A TRUST 456 CORNELL AV SAN MATEO, CA 94402 38610033 KATO BROTHERS 1777 SARATOGA AV SAN JOSE, CA 95129 38610035 SALINAS VALLEY SAVINGS AND LOA PO BOX 7788 NEWPORT BEACH, CA 92658 38610040 FIRST BAPTIST CHURCH OF QUITO 1735 SARATOGA AV SAN JOSE, CA 95129 38610041 MALONE W B AND MARY 1735 SARATOGA AV SAN JOSE, CA 95129 38610043 RUSSO RAY A SR TRUSTEE & ET AL 4010 MOORPARK AV STE 111 SAN JOSE, CA 95117 38610043 FRUTTI 18562 B PROSPECT RD SARATOGA, CA 95070 38610043 NILOU RAHIMI 18576 PROSPECT RD. SARATOGA, CA 95070 38610043 McDONALD'S 18578 PROSPECT RD SARATOGA, CA 95070 38610054 GAZZERA STEPHEN I TRUSTEE 10083 SENATE WY CUPERTINO, CA 95014 38610055 DAMICO TIRE SERVICE INC PO BOX 969 SAN JOSE, CA 95108 38610056 PACIFIC GAS AND ELECTRIC 900 LIGHTPOST WAY MORGAN HILL, CA 95037 38610058 EARL JOHN A TRUSTEE & ET AL 2808 ADELINE ST #2 BERKELEY, CA 94703 38610059 GREAT WESTERN SAVINGS AND LOAN PO BOX 7788 NEWPORT BEACH, CA 92658 38611046 FARRAR GEOFFREY A TRUSTEE & ET 1804 SARATOGA AV SAN JOSE, CA 95129 38623039 RUSSO RAY A SR TRUSTEE & ET AL PO BOX 41057 SAN JOSE, CA 95160 38623045 AGEE JOHN T AND DORIS F TRUSTE 12348 LOLLY DR SARATOGA, CA 95070 38623046 CHO TIK-FAI AND TERESA M 12336 LOLLY DR SARATOGA, CA 95070 38623047 DESAI ANIL AND GITA TRUSTEE 12324 LOLLY DR SARATOGA, CA 95070 38623048 CROSS ROGER L AND JEAN C 18670 SAN PALO CT SARATOGA, CA 95070 38623049 MATISON ROBERT C AND MARY L TR 18668 SAN PALO CT SARATOGA, CA 95070 38623050 PHILLIPS STEVEN M AND YUEH JYH 18656 SAN PALO CT SARATOGA, CA 95070 38623051 HO HAE CHON AND JOONG SIM 18651 SAN PALO CT SARATOGA, CA 95070 38623052 RASTEGAR-PANAH MOHSSEN AND SIM 15127 SPERRY LN SARATOGA, CA 95070 38623053 HOLLOWAY GARRY L AND MISTY M T 18675 SAN PALO CT SARATOGA, CA 95070 38623054 YEE ALBAN AND ANGELA 19746 VIA GRANDE DR SARATOGA, CA 95070 38623055 BECKER DARYL V 18699 SAN PALO CT SARATOGA, CA 95070 38623056 LOOS DUANE E AND MAXE LISA A 18711 SAN PALO CT SARATOGA, CA 95070 38623058 RUSSO RAY A SR TRUSTEE & ET AL PO BOX 41057 SAN JOSE, CA 95160 38623070 KNOWLES RICHARD L 12339 KOSICH PL SARATOGA, CA 95070 38661021 UELMEN MARTHA A AND GERALD F T 18727 CABERNET DR SARATOGA, CA 95070 38661022 HARUTYUNYAN, GAGIK AND MADATYA 18735 CABERNET DR SARATOGA, CA 95070 38661023 LE TOAN P AND CHOW NICOLETTE 18743 CABERNET DR SARATOGA, CA 95070 40333014 SUNRISE PENGUIN SARATOGA LTD P 1312 EL PASEO DE SARATOGA SAN JOSE, CA 95129 38 20 21 22 23