HomeMy WebLinkAbout09-22-2010 Planning Commission PacketTable of Contents
Agenda 2
September 8, 2010
Action Minutes 4
APPLICATION PDR10-0014 (503-21-021) T-Mobile (Sutro
Consulting) 13750 Prune Blossom
Staff Report 6
Resolution 10
Neighbor comments, public hearing notice, and mailing
labels 15
Radio Frequency Analysis 19
APPLICATION PDR10-0010 (517-14-045)Cross/Garcia 20640
Sigal Drive
Staff Report 25
Attachment 1 33
Attachment 2 45
Attachment 3 50
Attachment 4 59
Attachment 5 60
Attachment 6 72
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CITY OF SARATOGA PLANNING COMMISSION
AGENDA
DATE: Wednesday, September 22, 2010 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson, Joyce Hlava, David Reis, Linda
Rodgers, Tina K. Walia and Yan Zhao
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of September 8, 2010
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 September 16, 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 PDR10-0014 (503-21-021) T-Mobile (Sutro Consulting) 13750 Prune Blossom - The
applicant is requesting Design Review approval for a wireless telecommunication antenna on a new wood
utility pole. The new pole will replace an existing pole with an increase in height from 29 feet, eight inches
to approximately 41 feet, six inches (41’6”) maximum. The added height will provide separation from
existing power lines and increase the wireless coverage area. The associated electronic equipment would be
located in a ground mounted cabinet near the pole. The applicant will provide a four foot sidewalk
clearance surrounding the pole. The facility is considered a “micro site” because the antennas and
associated equipment are smaller in size than a standard wireless facility. (Cynthia McCormick)
2. APPLICATION PDR10-0010 (517-14-045) Cross/Garcia 20640 Sigal Drive - The applicant is
requesting approval of a Design Review application to construct a 6,341 square foot, approximately 26 feet
tall, two-story Spanish Eclectic designed single-family home. The existing house on the lot will be
removed. The project will include a deed restricted secondary dwelling unit. (Christopher A. Riordan,
AICP)
2
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, October 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 September 16,
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
AGENDA
DATE: Wednesday, September 08, 2010 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson, Joyce Hlava, David Reis, Linda
Rodgers, Tina K. Walia and Yan Zhao
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of August 11, 2010 (Approved 5:0:1(Hlava-abstain)
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 September 1, 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 GPA10-0001 (City-Wide) City of Saratoga, 13777 Fruitvale Avenue - The project
would update the Circulation and Scenic Highway Element of the City of Saratoga General Plan. The
amendments include updates to descriptive information, clarification of existing policies, changes to the
bicycle facilities maps to reclassify or remove certain existing bike routes; identifying new bike routes, bike
lanes, and bike trails; identifying future bike routes and conceptual alignments of proposed future bike
trails, and identifying existing and proposed trails within maps. The project also includes conforming
amendments to the City’s Open Space and Conservation Element. The project would not result in physical
changes or construction. (Michael Fossati) (Negative Declaration and Circulation Element – Approved 7:0)
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DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING – ADJOURNED 9:45 PM
- Wednesday, September 22, 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 September 1,
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
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Application PDR10-0014; 13750 Prune Blossom
REPORT TO THE
PLANNING COMMISSION
Meeting Date: September 22, 2010
Application Type / No: Design Review / PDR10-0014
Location / APN: 13750 Prune Blossom / 503-21-021
Applicant: T-Mobile (Sutro Consulting)
Staff Planner: Cynthia McCormick, Assistant Planner, AICP
Department Head: John F. Livingstone, AICP
13750 Prune Blossom
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Application PDR10-0014; 13750 Prune Blossom
EXECUTIVE SUMMARY
CASE HISTORY
Application filed: 07/01/10
Application complete: 08/30/10
Notice published: 09/07/10
Mailing completed: 09/01/10
Posting completed: 09/16/10
PROJECT DESCRIPTION
The applicant is requesting Design Review approval for a wireless telecommunication antenna on a new
wood utility pole. The new pole will replace an existing pole with an increase in height from 29 feet,
eight inches to approximately 41 feet, six inches (41’6”) maximum. The added height will provide
separation from existing power lines and increase the wireless coverage area. The associated electronic
equipment would be located in a ground mounted cabinet near the pole. The applicant will provide a
four foot sidewalk clearance surrounding the pole. The facility is considered a “micro site” because the
antennas and associated equipment are smaller in size than a standard wireless facility.
PERMANENT CONDITIONS
No permanent conditions of approval are required.
STAFF RECOMMENDATION
Approve the Design Review application by adopting the attached Resolution.
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Application PDR10-0014; 13750 Prune Blossom
PROJECT DATA
ZONING: R1-12,500
GENERAL PLAN DESIGNATION: M-12.5
MEASURE G: Not applicable.
ENVIRONMENTAL DETERMINATION
The proposed project, which includes installation of new cellular equipment, is categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for
Implementation of CEQA. This Class 3 exemption applies to new construction and installation of small,
new equipment and facilities in small structures.
PROJECT DISCUSSION
Project Description
The applicant is requesting Design Review approval for a wireless telecommunication antenna on a new
wood utility pole. The new pole will replace an existing pole with an increase in height from 29 feet,
eight inches to approximately 41 feet, six inches (41’6”) maximum. The added height will provide
separation from existing power lines and increase the wireless coverage area. The associated electronic
equipment would be located in a ground mounted cabinet near the pole. The applicant will provide a
four foot sidewalk clearance surrounding the pole. The facility is considered a “micro site” because the
antennas and associated equipment are smaller in size than a standard wireless facility.
Proposed Exterior Materials and Colors
The antenna and equipment will be painted to match the color of the pole, as shown in Exhibit B. The
new wood pole will look like the existing pole in terms of colors and materials.
Noise-Generating Devices
Associated equipment will be housed within a cabinet, reducing any noise impacts. The facility will be
required to comply with City noise standards.
Location and Alternative Sites
The applicant considered three sites in the vicinity. PG&E determined that the subject site was preferred
for both safety and security reasons.
Site Description and Surrounding Land Uses
The facility is located on Saratoga-Sunnyvale Road (parallel to Prune Blossom Road) between Verde
Vista Lane and Mina Way. It is surrounded by residential uses.
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Application PDR10-0014; 13750 Prune Blossom
Correspondence and Neighbor Review
The public hearing notice was mailed to property owners within 500 feet of the subject property. The
applicant also distributed information to nine adjacent property owners. Only one response was returned
to the applicant. This neighbor indicated that the additional eight feet of pole was “OK” as long as
additional overhead wires are not installed. Staff has informed the neighbor that no overhead wires
would be installed as part of this proposal, and the neighbor is satisfied. Staff has not received any
additional comments. (Attachment 2)
FCC Requirements
Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has
exclusive jurisdiction over RF emissions from personal wireless antenna facilities. The City can evaluate
and regulate only the aesthetic aspects of wireless installations. Any concerns regarding health or safety
aspects of the wireless sites are not within the purview of the Planning Commission. Pursuant to its
authority under federal law, the FCC has established rules to regulate the safety of emissions from these
facilities.
The applicant has provided a Radio Frequency (RF) Analysis (Attachment #3) which concludes that the
proposed telecommunications facility will comply with the FCC’s current prevailing standard for
limiting human exposure to RF energy, and no significant impact on the general public is expected. A
condition has been added to the attached resolution that the applicant must meet all requirements
established by the FCC.
STAFF RECOMMENDATION
Staff recommends the Planning Commission approve the proposed wireless facility (Application
PDR10-0014) by adopting the attached Resolution.
ATTACHMENTS
1. Resolution of Approval
2. Neighbor comments, public hearing notice, and mailing labels
3. Radio Frequency Analysis
4. Reduced Plans, Exhibit "A"
5. Photo simulations, Exhibit "B"
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CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO. FOR APPROVAL OF DESIGN REVIEW
Application # PDR 10-0014
T-Mobile (Sutro Consulting)
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 (PDR)
approval for the Project shown in Exhibit "A" date and Photo Simulations denominated Exhibit “B”
stamped September 13, 2010, incorporated by this reference. The applicant is requesting Design
Review approval for a wireless telecommunication antenna on a wood utility pole. The antennas
would be placed at the top of the pole and the associated equipment would be placed in a cabinet on
the ground. 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 September 22, 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 15303). Class 3 exemptions include installation
of equipment and facilities, such as wireless facilities.
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:
(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,
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Application No. PDR 10-0014
material, color, and appurtenances. This finding can be made in the affirmative. No buildings
are associated with this project. The new utility pole is similar in height and color to other poles
in the vicinity.
(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 finding is not applicable because no signs are proposed.
(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
finding can be made in the affirmative. The applicant will provided landscape screening around
the proposed cabinet. The owner is responsible for the maintenance of existing landscaping.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
nonreflective. The cabinet will be painted to blend with the natural landscape.
(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 finding is not applicable because
no roofing is proposed and no equipment will located on a roof. The proposed equipment will
be placed in a cabinet on the ground.
(f) The proposed development shall be compatible in terms of height, bulk, and design with other
structures in the immediate area. This finding can be made in the affirmative. The new utility
pole is similar in height and color to other poles in the vicinity.
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, the project is
approved subject to the conditions set forth below.
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.
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Application No. PDR 10-0014
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:
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
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Application No. PDR 10-0014
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 July 27, 2010, 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. Landscaping. Landscaping shall be installed to completely screen the equipment cabinet from
off-site views, per the satisfaction 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. Governmental entities. All applicable requirements of the State, County, City and other
Governmental entities must be met.
12. 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.
13. Fire Agency Conditions. Applicant shall comply with all Fire Agency Conditions.
14. Building Department. Applicant shall comply with all building standards including any
improvements necessary to comply with the building code.
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Application No. PDR 10-0014
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 22nd day of September
2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mary-Lynne Bernald
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
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