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Home My WebLink About04-09-14 Planning Commission Agenda PacketTable of Contents Agenda 2 March 26, 2014 Draft Minutes 4 APPLICATION PDR14-0004 ; 12383 Saratoga-Sunnyvale Road (383-53-019); Cortel LLC / Sprint– The applicant is requesting to replace three existing panel antennas with three new panel antennas and three Radio Remove Units (RRU’s) on an existing monopole 72’ above grade on an approximately 146’ tall PG&E lattice tower. The purpose of the project is to upgrade the project site from the current 3G technology to 4G so as to provide increased capacity and data speeds. There is no proposed increase in height to the existing tower or size of the antennas to accommodate this project. Staff Contact: Michael Fossati (408) 868-1212. Staff Report 6 Att 1 Resolution 10 Att 2 Photo Simulation 15 Att 3 RF Analysis 18 Att 4 Public Notice Letter 31 Att 5 Coverage Maps - Sprint PCS 32 Att 6 Public Notice 33 Att 7 Reduced Plans 36 1 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, April 09, 2014 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL ELECTION OF NEW CHAIR APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of March 26, 2014 COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) 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. 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. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants 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. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION PDR14-0004 ; 12383 Saratoga-Sunnyvale Road (383-53-019); Cortel LLC / Sprint– The applicant is requesting to replace three existing panel antennas with three new panel antennas and three Radio Remove Units (RRU’s) on an existing monopole 72’ above grade on an approximately 146’ tall PG&E lattice tower. The purpose of the project is to upgrade the project site from the current 3G technology to 4G so as to provide increased capacity and data speeds. There is no proposed increase in height to the existing tower or size of the antennas to accommodate this project. Staff Contact: Michael Fossati (408) 868-1212. Recommended action: Adopt Resolution No. 14-011 approving the project subject to conditions of approval. DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT 2 CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on April 3, 2014 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, March 26, 2014 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE ROLL CALL PRESENT Commissioners Leonard Almalech, Mary-Lynne Bernald, Pragati Grover, Dede Smullen, Tina Walia, Yan Zhao, Chair Joyce Hlava ABSENT None ALSO PRESENT James Lindsay, Community Development Director Cynthia McCormick, Planner COMMUNICATIONS FROM COMMISSION & PUBLIC APPROVAL OF MINUTES Approve Action Minutes from the Regular Planning Commission Meeting of March 26, 2014 as amended. Action: BERNALD/ALMALECH MOVED TO APPROVE THE MARCH 26, 2014 MINUTES. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA, ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. PUBLIC HEARINGS 1. Application PSP14-0001; 14417 Big Basin Way(503-24-028) Clark - Application by Adam Clark to install two new signs on an existing building located at 14417 Big Basin Way. The signs will include an approximately 17 square feet illuminated wall sign located above the front entrance that will be made of individual channel letters and will spell the words “Everything but the Wedding Dress. A two square foot non-illuminated projecting sign will be located to the right of the front entrance and will include the same text as the wall sign. Zone District: CH-1. Staff Contact: Michael Fossati (408)868-1212 Action: ALMALECH/GROVER MOVED TO ADOPT RESOLUTION NO. 14-009 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA, ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 2. Application MOD14-0002; 13170 Pierce Road (503-16-034); Ranganath - The applicant is requesting the modification of Resolution 12-023, removing two permanent conditions regarding concerns with privacy of adjacent neighboring properties. Modification of Design Review approval is required pursuant to Saratoga Municipal Code Section 15-80.120(b). 4 Action: BERNALD/GROVER MOVED TO ADOPT RESOLUTION NO. 14-008 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA, ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 3. Application PDR13-0029 / FER 14-0002 / ELN14-0002; 12428 De Sanka Avenue (386-54-046); Ram Moorthy - The applicant is requesting Design Review approval to add 530 square feet to an existing non-conforming single-story 2,766 square foot home. The addition includes a new 482 square foot second story and an additional 48 square feet on the first story. The two-story home would be 3,296 square feet in area and 20 feet, six inches in height. The applicant is also asking an exception to retain an existing non-conforming fence and existing nonconforming building setbacks. Staff Contact: Cynthia McCormick (408) 868-1230. Action: ZHAO/GROVER MOVED TO ADOPT RESOLUTION NO. 14-010 APPROVING THE PROJECT WITH CHANGES TO THE CONDITIONS: 1) Add “balcony” to COA #7 so it reads: “Second Story Balcony. There shall be no second story balcony facing Cherry Lane.” 2) Corrected the staff report by replacing 7” with 9” with regard to the nonconforming setbacks. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA, ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 4. Application PDR13-0020; 19385 Monte Vista Avenue (397-10-021); Speno / Anderson Architects - The applicant is requesting Design Review approval to replace a 4,200 square foot home with a new 6,017 square feet single-story single-family dwelling with a height of 22 feet. The applicant would retain the existing pool and pool shed. Staff Contact: Cynthia McCormick (408) 868-1230. Action: ZHAO/HLAVA MOVED TO ADOPT RESOLUTION NO. 14-006 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA, ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. DIRECTOR/COMMISSION COMMUNICATION Director Lindsay informed the Commission the Saratoga Vista appeal will be heard by the City Council on April 2, 2014. Staff thanked Commissioners Hlava and Zhao for their hard work, dedication and service to the Planning Commission. ADJOURNMENT 5 REPORT TO THE PLANNING COMMISSION Meeting Date: April 9, 2014 Application: Design Review PDR14-0004 Location / APN: 12383 Saratoga-Sunnyvale Rd. / 383-53-019 Owner / Applicant: Sprint Staff Planner: Michael Fossati 12383 Saratoga-Sunnyvale Rd. 6 SUMMARY ZONING Single-Family Residential (R1-12,500) GENERAL PLAN DESIGNATION M-12.5 (Medium Density Residential) PROJECT DESCRIPTION: The applicant is requesting to replace three existing panel antennas with three new panel antennas and three Radio Remove Units (RRU’s) on an existing monopole 72’ above grade on an approximately 146’ tall PG&E lattice tower. The purpose of the project is to upgrade the project site from the current 3G technology to 4G so as to provide increased capacity and data speeds. There is no proposed increase in height to the existing tower or size of the antennas to accommodate this project. STAFF RECOMMENDATION: Approve Resolution No. 14-011 approving the project subject to conditions of approval. SITE AND PROJECT CHARACTERISTICS The applicant is requesting Design Review approval for the installation of three cellular communications antennas and associated equipment to an existing Pacific Gas and Electric (PG&E) lattice tower. The utility tower is located within a railroad right-of-way and is adjacent to Saratoga-Sunnyvale Road to the west, commercial buildings and the Union Pacific railroad tracks to the north, and both Joe’s Trail and single family residential homes to the south. The tower also carries antennas from Verizon Wireless and these antennas are located at the topmost portion of the tower. The proposed antennas are to be identical (regarding size and color) to the existing antennas being replaced. Each antenna is approximately five feet long and one foot wide. For each new antenna, an additional RRU will be installed. The RRU is used to wirelessly control the antenna frequency without having to physically access the antenna from the tower. Photo simulations of the existing and proposed antennas are included as Attachment #2. Existing Sprint locations and wireless coverage of new and existing antennas is included as Attachment #3. The applicant has stated that with the antenna replacement, the capacity and data speeds would increase significantly, while the coverage would remain the same. Federal Communications Commission (FCC) Requirements Under the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over Radio Frequency (RF) emissions from personal wireless antenna facilities. The City can evaluate and regulate only the aesthetic aspects of wireless installations. Any concerns regarding health and 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. 2 7 Radio Frequency (RF) Analysis The applicant has provided a Radio Frequency (RF) Analysis which concludes the proposed telecommunication facility would comply with the FCC’s current standards for limiting human exposure to RF energy, and no significant impact on the general public is expected. As proposed, the new antennas would operate at no more than 3.6% of the maximum power density in any accessible area on the ground. The RF Analysis can be found as Attachment #3. Neighbor Correspondence The applicant sent out project description letters directly to property owners nearby the proposed site. A copy of the letter and the address list is included as Attachment #4. The applicant did not receive any neighbor comments. The “Notice of Public Hearing” was mailed to property owners within 500 feet of the subject property (Attachment #6). The public hearing notice and description of the project was also published in the Saratoga News. No comments have been received. DESIGN REVIEW FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-44.025 are set forth below and the applicant has met the burden of proof to support making all of those required findings: (a) That the Wireless Telecommunications Facility is or can be co-located with another Wireless Telecommunications Facility located on a structure or an existing utility pole/tower in the public right-of-way unless the applicant has demonstrated that such location is not technically or operationally feasible. The project meets this finding because the applicant is proposing to co-locate and replace existing antennas with new antennas, while not increasing the height of the existing lattice tower structure that is located within the public right-of-way. (b) That the Wireless Telecommunications Facility and related structures incorporate architectural treatments and screening to substantially include: (1) Appropriate and innovative stealth design solutions; (2) Techniques to blend with the surrounding environment and predominant background; (3) Colors and materials that are non-reflective; (4) Exterior textures to match the existing support structure or building; and (5) Reasonably compatible height with the existing surrounding environment. 3 8 4 The project meets this finding because the proposed antenna replacement would be located significantly far away from sight lines of neighboring property owners as it would be installed on an existing lattice tower, approximately 72 feet above ground. The antennas and RRU’s are gray in color and match the utility tower that they would be located on. (c) That landscaping and fencing provide visual screening of the Wireless Communication Facility's ground-mounted equipment, related structures, and that fencing material is compatible with the image and aesthetics of the surrounding area. The project does not require the addition of ground-mounted equipment. Staff has visited the site and has determined the accessory structures and landscaping are in good condition and compatible with the aesthetics of landscaping along Saratoga-Sunnyvale Road. This finding can be made in the affirmative. ENVIRONMENTAL DETERMINATION: The proposed project, which includes installation and replacement 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 of limited small new facilities; installation of small, new equipment and facilities in small structures. STAFF RECOMMENDATION Adopt Resolution No. 14-011 approving the project subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval – 12383 Saratoga-Sunnyvale Rd. 2. Photo Simulations 3. RF Analysis 4. Public Notice Letter 5. Coverage Maps – Sprint PCS 6. Public hearing notice and mailing addresses 7. Reduced Plans, Exhibit "A.” 9 RESOLUTION NO: 14-011 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR14-0004 LOCATED AT 12383 SARATOGA-SUNNYVALE ROAD WHEREAS, on March 6, 2014, an application was submitted by Sprint requesting Design Review approval to remove three existing cellular panel antennas and install three new panel antennas, and three Remote Radio Units, on an existing PG&E lattice tower located at 12383 Saratoga-Sunnyvale Road. The site is located within the R-1-12,500 Zoning District (APN 386-53- 019). 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 Planning Commission determine this project exempt. WHEREAS, on April 9, 2014, 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. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). 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 following Saratoga General Plan Policies: 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 surroundings; Land Use Element Policy 5.2 which states that Development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the proposed use have limited adverse impact on the area and can be fully mitigated; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project avoids unreasonable interference with views and privacy; preserves the natural landscape including native and heritage trees; and follows appropriate design polices and techniques. 10 Resolution No. 14-011 Section 5: The City of Saratoga Planning Commission hereby approves PDR14-0004 located at 12383 Saratoga-Sunnyvale Road, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 9th day of April 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Mary-Lynne Bernald Chair, Planning Commission 11 Resolution No. 14-011 Exhibit 1 CONDITIONS OF APPROVAL PDR14-0004 12383 SARATOGA-SUNNYVALE ROAD (APN 383-53-019) 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. 12 Resolution No. 14-011 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, Description of Use, and Photo Simulations dated March 6, 2014 denominated Exhibit "A". 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.6, above. 10. 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 utility tower. 11. Building Division Submittal. Four (4) 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.1 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 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 13 Resolution No. 14-011 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 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. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sprint Wireless Communications Facility Modifications To: Neighbors and owners within 100 feet of 12383 S. Saratoga‐Sunnyvale Road, CA 95070 March 24, 2014 Dear Neighbor: Sprint is proposing to modify an existing wireless telecommunications facility on the existing PG&E Transmission Tower in your neighborhood. The proposed modification would replace (3) existing antennas with (3) new antennas on the leg of the PG&E Tower. The purpose of the modifications is to increase data capacity and data speeds for the Sprint 4G network. Per the City of Saratoga, the public outreach process entitles residents to provide their comments or ask questions regarding this letter. I welcome the opportunity to discuss the wireless facility with you in more detail. Please feel free to contact me at 415‐601‐3194 or via email at alex.orner@cortel‐llc.com. The Planner assigned to this application is Michael Fossati. For any questions regarding the planning process, please contact Michael at 408‐868‐1212 or via email at mfossati@saratoga.ca.us. Thank you for your support in our efforts to improve the Sprint network in your community. Sincerely, Alex Orner Land Use Planner Cortel Inc., authorized agent for Sprint 31 32 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 9th day of April, 2014, 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: PDR14-0004 / 12383 Saratoga-Sunnyvale Road APPLICANT/OWNER: Sprint APN: 386-53-019 DESCRIPTION: The applicant is requesting Design Review approval to replace three existing antennas with three new antennas and three new Radio Remote Units (RRU’s) to an existing lattice utility tower. The existing and proposed location of the antennas are approximately 72 feet above ground level. 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, April 1st 2014. 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 Planner (408) 868-1212 33 36 37 38 39 40 41 42 43 44