HomeMy WebLinkAbout05-13-15 Planning Commission Agenda PacketTable of Contents
Agenda 4
April 22, 2015
Draft Minutes 6
FCC Rule Changes for Wireless Facility Collocation
Staff Report 8
Att. A - Wireless Regulatory Update Memo 9
Att. B - PowerPoint presentaion 25
Application ELN15-0007;18950 Cyril Place /386-20-038;
Jacintha & Vach Kompella; The applicant is requesting approval
of an Expansion of a Legal Non-Conforming residence to
remodel an existing single-family home which encroaches into
the exterior side setback. The site is 10,000 square feet and is
zoned R-1-10,000. Staff Contact: Christopher Riordan (408) 868
-1235.
Staff Report 33
Attachment 1 - Resolution 36
Attachment 2 - Development Plans 40
Application PDR15-0004; Utility Pole Near 19848 Prospect
Road (386-26-070); Verizon Wireless - The applicant is
requesting 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 19848
Prospect Road. 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. Staff Contact: Michael Fossati
(408) 868-1212.
Staff Report - Prospect and Miller 54
Att 1 Resolution 59
Att 2 Justification Letter 64
Att 3 Coverage Maps 67
Att 4 RF Analysis 69
Att 5 Small Cell Base Station 82
Att 6 Neighbor E-mail 83
Att 7 Photo Simulations 84
Att 8 Reduced Plans Exhibit A 88
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Application PDR15-0006; Utility Pole Near 19700 Prospect
Road (386-35-070); Verizon Wireless - The applicant is
requesting 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 Congregation
Beth David & Church of the Ascension. 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 43
feet to 52 feet. The antenna and associated equipment would
be painted “Mesa Brown” in order to match the existing utility
pole. Staff Contact: Michael Fossati (408) 868-1212.
Staff Report - Prospect and CBD 102
Att 1 Resolution 107
Att 2 Justification Letter 112
Att 3 Coverage Maps 115
Att 4 RF Analysis 117
Att 5 Small Cell Base Station 129
Att 6 Photo Simulations 130
Att 7 Reduced Plan Exhibit A 133
Application PDR15-0005; Utility Pole Near Prospect Road and
West of Kristy Lane (Right-of-Way); Verizon Wireless - The
applicant is requesting 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 and west
side of Kristy Lane. 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 43 feet to 52 feet. The antenna
and associated equipment would be painted “Mesa Brown” in
order to match the existing utility pole. Staff Contact: Michael
Fossati (408) 868-1212.
Staff Report - Prospect and Kristy 147
Att 1 Resolution 152
Att 2 Justification Letter 157
Att 3 Coverage Maps 160
Att 4 RF Analysis 162
Att 5 Small Cell Base Station 175
Att 6 Neighbor E-mail 176
Att 7 Photo Simulations 185
Att 8 Reduced Plan Exhibit A 189
Application PDR14-0027/ARB14-0056; 14800 Montalvo Road
(517-20-005); David Britt on behalf of Stuart Wells - The
applicant is requesting approval for a new 25 foot tall, 4,970
square foot two-story home with a basement. Planning
Commission design review is required because the project
consists of a new two-story residence. Seven protected trees
are being proposed for removal. Staff Contact: Justin Shiu,
(408)868-1230.
Staff Report 202
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Att. 1 - Resolution 208
Att. 2 - Arborist Report 213
Att. 3 - Neighbor Notification Forms 225
Att. 4 - Neighbor Concerns from 14840 Montalvo Rd.226
Att. 5 - Neighbor Concerns from 14840 Montalvo Rd. -
photos 227
Att. 6 - Applicant Response to Concerns 229
Att. 7 - Story pole notification 230
Att. 8 - Plans 231
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, May 13, 2015
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of April 22, 2015
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.
DIRECTOR ITEMS
1. FCC Rule Changes for Wireless Facility Collocation
NEW BUSINESS
1. Application ELN15-0007;18950 Cyril Place /386-20-038; Jacintha & Vach Kompella; The applicant is
requesting approval of an Expansion of a Legal Non-Conforming residence to remodel an existing single-family
home which encroaches into the exterior side setback. The site is 10,000 square feet and is zoned R-1-10,000. Staff
Contact: Christopher Riordan (408) 868-1235.
Recommended action:
Adopt Resolution No. 15-015 approving the major alteration subject to conditions of approval.
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 PDR15-0004; Utility Pole Near 19848 Prospect Road (386-26-070); Verizon Wireless - The
applicant is requesting 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 19848 Prospect
Road. The installation includes one antenna on a pole top extension, three Radio Remote Units (RRU’s),
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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. Staff Contact: Michael Fossati
(408) 868-1212.
Recommended action:
Approve Resolution No. 15-012 approving the project subject to conditions of approval.
2. Application PDR15-0006; Utility Pole Near 19700 Prospect Road (386-35-070); Verizon Wireless - The
applicant is requesting 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 Congregation Beth
David & Church of the Ascension. 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 43 feet to 52 feet. The
antenna and associated equipment would be painted “Mesa Brown” in order to match the existing utility
pole. Staff Contact: Michael Fossati (408) 868-1212.
Recommended action:
Approve Resolution No. 15-013 approving the project subject to conditions of approval.
3. Application PDR15-0005; Utility Pole Near Prospect Road and West of Kristy Lane (Right-of-Way);
Verizon Wireless - The applicant is requesting 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 and west
side of Kristy Lane. 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 43 feet to 52 feet. The antenna and
associated equipment would be painted “Mesa Brown” in order to match the existing utility pole. Staff
Contact: Michael Fossati (408) 868-1212.
Recommended action:
Approve Resolution No. 15-014 approving the project subject to conditions of approval.
4. Application PDR14-0027/ARB14-0056; 14800 Montalvo Road (517-20-005); David Britt on behalf of
Stuart Wells - The applicant is requesting approval for a new 25 foot tall, 4,970 square foot two-story home
with a basement. Planning Commission design review is required because the project consists of a new
two-story residence. Seven protected trees are being proposed for removal. Staff Contact: Justin Shiu,
(408)868-1230.
Recommended action:
Adopt Resolution No. 15-0016 approving the project subject to conditions of approval.
COMMISSION ITEMS
ADJOURNMENT
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 May 7, 2015 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
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ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, April 8, 2015
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
ROLL CALL
PRESENT Commissioners Sunil Ahuja, Wendy Chang, Kookie Fitzsimmons, Joyce Hlava,
Dede Smullen (7:05 pm), Tina Walia, Chair Leonard Almalech
ABSENT None
ALSO PRESENT Erwin Ordoñez, Community Development Director
Christopher Riordan, Senior Planner
Michael Fossati, Planner
APPROVAL OF MINUTES
Approve Action Minutes from the Regular Planning Commission Meeting of April 8, 2015
Action:
WALIA/HLAVA MOVED TO APPROVE THE APRIL 8, 2015 MINUTES. MOTION PASSED.
AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: NONE. ABSENT:
NONE. ABSTAIN: SMULLEN.
NEW BUSINESS
1. Application ELN15-0003, 11991 Brookridge Dr., (378-24-034), Jeanne Calhoun - The applicant is
proposing a remodel and additions to a legal non-conforming one story single-family residence
located at 11991 Brookridge Dr. The structure is classified as nonconforming because it
encroaches into the front setback area by 7 inches, the left side setback area by 2 inches, and the
right side setback area by 0.5 inches.
Action:
FITZSIMMONS/AHUJA MOVED TO ADOPT RESOLUTION NO. 15-010 APPROVING
THE MAJOR ALTERATION SUBJECT TO CONDITIONS OF APPROVAL. MOTION
PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN,
WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
PUBLIC HEARINGS
1. Application MOD15-0002; 19227 San Marcos Rd. (503-29-037); Kislyi / DeMattei – The applicant has
requested to construct a 399 sq. ft. open cabana and 399 sq. ft. pool house (second dwelling unit) on an
existing site that currently has a 5,719 sq. ft. main residence. The proposed new total of floor area on the
site would be 6,119 sq. ft. The height of the cabana and pool house will not exceed 12 feet in height. Per
City Code Section 15-45.060 (6), any project that increases the cumulative floor area of all structures on
site to more than six thousand sq. ft. requires Planning Commission review. Two trees protected by City
Code are proposed for removal. Both trees have been permitted to be removed by the City Arborist. The
site is approximately 52,000 sq. ft. and the property is zoned R-1-40,000. Staff contact: Michael Fossati
(408) 868-1212.
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Action:
HLAVA/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO 15-009 WITH
CHANGES TO THE CONDITIONS:
Include:
15. Privacy Screening. Prior to obtaining a building permit, the applicant shall be required to
provide a mutually acceptable screening plan between the owners or representatives of 19227
and 19281 San Marcos Road. The screening shall be limited between the northern most portion of
the existing wood fence along the western property line and the most northern property line of
the subject property.
MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA,
SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
2. Application APTR15-0001 – 20070 Edinburgh Drive (393-31-010); Li – A Saratoga resident is
appealing the removal of one blue atlas cedar tree growing in the front yard (tree removal permit
application TRP15-0065). The owner of the tree applied to remove one blue atlas cedar tree in
good health because it lifted the walkway around the house and the driveway. Inspection found
multiple roots under the walkway once it was removed and a root where the driveway as raised.
The tree grows close to the walkway and corner of the house. The permit application was found by
the City Arborist to meet the criteria permitting removal and replacement. Staff contact: Kate Bear
(408) 868-1276.
Action:
Appellant requested to withdraw the application, no action taken.
3. Application CUP14-0009/PDR15-0003 - 12600 Saratoga Avenue/386-14-003; Abe Kaabipour &
Black & Veatch; The applicant is requesting a modification of the existing Conditional Use Permit
and approval of a Design Review application to install a hydrogen fuel cell and dispenser at the
service station. The additional dispenser and related equipment will be located behind the existing
sales office building in a screened enclosure and adjacent to the northwest property line. The site
is 22,500 square feet and is zoned R-M-5,000. Staff Contact: Christopher Riordan (408) 868-1235.
Action:
HLAVA/WALIA MOVED TO CONTINUE THIS ITEM TO JUNE 24, 2015 MEETING TO
ADDRESS THE FOLLOWING ITEMS:
Circulation plan
Landscape plan
Esthetics
MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA,
SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT
WALIA/FITZSIMMONS MOVED TO ADJOURN AT 10:25 PM. AYES: AHUJA, ALMALECH,
CHANG, FITZSIMMONS, HLAVA SMULLEN, WALIA. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
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Joint Venture Silicon Valley
March 31 2015
6409 & The FCC's Order
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Background
From the “Middle Class Tax Relief and Job Creation Act
of 2012” – passed Feb. 2012
FCC Issued Order Oct 2014 Interpreting and
Implementing Act
With Regulations
Most Effective April 8
Appeals have been filed, no stay requested, expedited briefing
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6409(a) – The Language
(1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
(2) ELIGIBLE FACILITIES REQUEST.—For purposes of this subsection, the term ‘‘eligible facilities request’’ means any request for modification of an existing wireless tower or base station that involves—
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
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What Is An “Eligible Facility”
Any Application To Modify
Collo (eg, add), subtract, replace equipment
Doesn’t have to be requesting carrier’s site
Existing – Need to have wireless facilities (whether or not
operating)
either as approved in zoning or
zoning exempt when built
Sites are “Tower” or “Base Station”
“Tower” is limited to structures built to hold antennas,
Base station includes the structure holding antennas (e.g.,
rooftop includes the building, electric lattice tower includes
lattice tower)
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Increase height 10% or 20’, whichever is greater
Protrusion from tower 20’ or more than width of tower
at level of appurtenance, whichever is greater
Does not require excavation
outside of existing “site”
Traditional Towers (outside PROW)
No more than 4 new
equipment cabinets
•Does not defeat concealment element
•Complies with all COAs
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Increase height 10% or 10’, whichever
is greater
Does not require excavation
outside of existing “site”
DAS/Small Cell (and Vertical Installations on Base Stations)
Protrusion from edge of structure no more than 6’
•No more than 4 new equipment cabinets
•If no preexisting ground cabinets, then no
new ground cabinets
•If preexisting ground cabinets, then cannot
add more than 10% larger in height or
volume than any other cabinets associated
with the structure
•Does not defeat concealment element
•Complies with all COAs
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Rooftops (Horizontal Base Stations)
Existing
Proposed
Increase height 10% or 10’, whichever
is greater. Baseline is existing
structure height (e.g., rooftop or an
existing penthouse).
Protrusion from edge of structure
no more than 6’
•No more than 4 new equipment cabinets
•If no preexisting ground cabinets, then no
new ground cabinets
•If preexisting ground cabinets, then cannot
add more than 10% larger in height or
volume than any other cabinets associated
with the structure
•Does not defeat concealment element
•Does not require excavation outside of
existing “site”
•Complies with all COAs
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Shot Clock & Implementation
6409 has 60 day shot clock
Regulations go into effect April 8
OMB paperwork rules will take longer – 90+ days
NOIs
“Deemed Effective” Remedy
Review Limited To Whether Application Meets 6409
Can, but don’t have to, implement a 6409 process
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PLANNING COMMISSION
MEMORANDUM
Meeting Date: May 13, 2015
Application: ELN15-0007
Location / APN: 18950 Cyril Place / 386-20-038
Owner/Applicant: Jacintha & Vach Kompella
Staff Planner: Christopher Riordan, Senior Planner
City Code Sections 15-65.050(b) provides authority for the Planning Commission to approve a
major alteration of a nonconforming structure. Major Alteration means any work that is
estimated to result in expenditure (cumulatively) of 20% to 50% of the estimated construction
cost of the structure.
The project will result in expenditure of approximately 34.5% of the estimated construction
valuation of the main residence.
Planning Commission approval is required pursuant to City Code Sections 15-65.050(b), before
staff can act on the pending Building Permit.
STAFF RECOMMENDATION: Adopt Resolution No. 15-015 approving the major alteration subject
to conditions of approval.
PROJECT DESCRIPTION: The site is located at 18950 Cyril Place and includes a one-story legal
non-conforming single-family residence, a detached secondary dwelling unit, a pool, and shed
with an attached deck. A fishpond is located in the front yard. The single-family residence is
classified as nonconforming because it encroaches into the exterior side setback area fronting
Saratoga Creek Drive by approximately 10 feet.
The site is a corner lot and does not conform to the required site width of the R-1-10,000 zoning
district. The existing width of the site is 96 feet and the required width of a corner lot is 100 feet.
Required side setbacks for nonconforming sites are less than those with conforming widths. The
required interior side setback is 10% of the site width or six feet whichever is greater and the
required exterior side setback is 20% of the site width or 15 feet, whichever is greater.
The project includes remodeling the interior of the single-family home and removal of an
existing sunroom resulting in a floor area decrease of 13 square feet. The portion of the building
encroaching into the exterior setback area includes the living room and garage. The proposed
modification to the exterior wall of this area will include removal of a structurally damaged
wood burning fireplace and chimney and the enlargement of one window. The enlarged window
will fill the vacant wall space after the fireplace is removed.
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Page 2 of 3
The existing exterior of the residence is a combination of vertical wood siding, stucco, and stone
veneer. The project will include the installation of horizontal wood siding on all exterior
elevations to be consistent with neighboring properties. A new covered porch will be
constructed over the front entry. The deck, pool and fish pond will be removed.
The allowable floor area of the site is 3,200 square feet. The existing floor area of the main
residence is 3,210 square feet and the floor area of the secondary dwelling unit is 393 square feet
for a total floor area 3,603 square feet which exceeds the sites allowable floor area. The remodel
of the main residence will decrease its floor are by 13 feet for a total floor area of 3,197 square
feet. The overall floor for the entire site will be reduced to 3,590 square feet. No modifications
are proposed for the secondary dwelling unit.
The existing residence was constructed in the late 1950’s soon after the City was incorporated.
Staff reviewed the Zoning Code from that time period and there was no numerical limit on
residential floor area. Residential floor area was limited by conformance to required setbacks and
the 30 foot building height limit. The Zoning Code was amended in 1964 which included
maximum allowable floor areas for each residential zoning district regardless of lot size. The
allowable floor area in the R-1-10,000 zoning district was 3,500 square feet.
PROJECT DATA:
Net Site Area: 10,000 SF
Zoning District: R-1-10,000
Proposed Allowed/Required
Site Coverage 5,893 sq. ft. (59%) 6,000 sq. ft. (60%)
Floor Area
Residence
2nd Dwelling Unit
Total
3,197 sq. ft.
393 sq. ft.
3,590 sq. ft.
3,200 sq. ft.
.
Height 15 ft. - 6 in. 18 ft. (single-story overlay district)
Setbacks
Front:
Left Side:
Exterior (Street) Side:
Rear:
25’-0”
9’-8”
8’-10”
21’-0”
25’-0”
9’-6”
19’-2”
10’-0”
Neighbor Notification and Correspondence: A sign was posted in front of the property. No
comments have been received as of the writing of this report.
FINDINGS AND DETERMINATIONS
Pursuant to City Code Section 15-65.050(b), major repair and alteration of a nonconforming
structure may be permitted if the Planning Commission is able to make the following
determinations:
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Page 3 of 3
(1) The repair and/or alteration will accommodate a conforming use. This finding may be
made in the affirmative because the project consists of an addition to a residential structure that
is located in a residentially zoned district within the City.
(2) The repair and/or alteration does not increase the degree of noncompliance, or otherwise
increase the discrepancy between existing conditions and the requirements of this Chapter.
This finding may be made in the affirmative in that the project is not increasing the floor area of
the structure or modifying the existing building footprint. The applicant is not proposing
additions to the non-conforming portion of the home.
(3) The repair and/or alteration does not effectively extend or perpetuate the useful life of any
particular feature or portion of the structure which is nonconforming. This finding may be
made in the affirmative in that the project will not be increasing the floor area of the main
residence and there are no modifications to the building footprint other than a remodeled front
entry. The exterior of the existing house is a combination of vertical wood siding, stucco, and
stone which will be removed and replaced with horizontal wood siding to match neighboring
homes. The existing exterior vertical wood siding of the nonconforming wall will also be
replaced to be consistent with the remainder of the structure.
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences.
ATTACHMENTS:
1. Resolution of Approval
2. Development Plans (Exhibit "A")
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RESOLUTION NO: 15-015
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION (ELN 15-0007) FOR A REMODEL OF A NON-
CONFORMING SINGLE-FAMILY DWELLING LOCATED AT
18950 CYRIL PLACE, SARATOGA CA 95070 (386-20-038)
WHEREAS, on April 2, 2015 an application was submitted by Jacintha & Vach
Kompella requesting approval for the alteration of a legal non-conforming single-family
residence located at 18950 Cyril Place. The structure is classified as nonconforming because it
encroaches into the exterior side (street) setback area by 10’-2” inches.
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 May 13, 2015, the Planning Commission held a meeting 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 California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures,” of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the following Saratoga General Plan Policies:
Conservation Element Goal 2 and Land Use Element Goal 1 which states that the City shall
preserve the City’s existing character which includes small town residential, rural/semi-rural areas
and open spaces areas; 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; and Land Use Element Policy 1.1 that the City shall continue to be predominantly a
community of single-family detached residences.
Section 4: The project is consistent with the Saratoga City Code in that the repair and/or
alteration will accommodate a conforming use; the repair and/or alteration does not increase the
degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the
requirements of this Chapter; and the repair and/or alteration does not effectively extend or
perpetuate the useful life of any particular feature or portion of the structure which is
nonconforming.
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Resolution No. 15-015
Section 5: The City of Saratoga Planning Commission hereby approves ELN15-0007
located at 19850 Cyril Place 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 13th day of
May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Leonard Almalech
Chair, Planning Commission
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Resolution No. 15-015
Exhibit 1
CONDITIONS OF APPROVAL
ELN15-0007
18950 Cyril Place / 386-20-038
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, or 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 satisfaction
of the Community Development Director. 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.
2. The Owner and Applicant will be mailed a statement 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 City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. 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 City Code incorporated herein by this reference.
4. 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, 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.
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A",
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
38
Resolution No. 15-015
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 City Code.
6. Statement of Acknowledgment of Legal Nonconforming Status: The property Owner shall
record a Statement of Acknowledgment of Legal Nonconforming Status, satisfactory to the
Community Development Director, specifying the limits of any expansion and/or intensification
of the non-conforming structure.
7. Non-Conforming Structure Limitations. In no event shall the cumulative expenditures for
repairs and/or alterations on any nonconforming structure exceed fifty percent of the
estimated construction cost of the structure prior to such repairs and/or alterations, unless
such structure is changed to a conforming structure or otherwise satisfies the standards set
forth by City Code.
8. Expiration. Construction must be commenced within 36 months of the date of this approval, or
the resolution will expire.
9. 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 City 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.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Approval.
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: May 13, 2015
Application: Design Review PDR15-0004
Location / APN: Near 19848 Prospect Road / 386-26-070
Owner / Applicant: City of Saratoga / Verizon Wireless
Staff Planner: Michael Fossati
Utility Pole near 19848 Prospect Road
54
2
SUMMARY
ZONING
Single-Family Residential (R1-10,000)
GENERAL PLAN DESIGNATION
Community Facilities (CFS)
PROJECT DESCRIPTION:
The applicant is requesting Design Review approval to install one cylindrical antenna and
associated equipment on an existing utility pole, located on Prospect Road and northeast of
19848 Prospect Road (Saratoga Prospect Center). Additional equipment includes an
electrical meter, three radio remote units (RRU’s), a ground mounted cabinet, three fiber
duplexes, one buss bar, and one disconnect switch. The total combined height of the
antenna and utility pole would be approximately 54 feet.
STAFF RECOMMENDATION:
Approve Resolution No. 15-012 approving the project subject to conditions of approval.
PROJECT DATA
Pursuant to City Code Section 15-44.020(a), no building permit shall be issued for the
construction of a Wireless Telecommunications Facility, or the modification of an
existing Wireless Telecommunications Facility, within any zoning district until such
structure has received design review approval by the Planning Commission.
SITE AND PROJECT CHARACTERISTICS
Site Description: The project site is located in the northeast corner of Saratoga Prospect
Center. The utility pole is located right next to the exit driveway of the center, along
Prospect Road.
Project Description: The applicant is proposing to install one cylindrical antenna on top
of an existing wooden utility pole. The new antenna has a nine inch diameter and is
approximately two feet tall. The antenna would be installed on top of a six foot tall
“power safety” post, which would provide the clearance required by the Federal
Government for wireless antenna installation on utility poles. The overall height of the
pole would increase from approximately 44 feet, 9 inches, to 53 feet, 10 inches. The
antenna, “power safety” post, conduit and bracketry would all be painted “mesa brown”
to match the existing utility pole.
Additional equipment would be installed either onto the side of the pole or on the ground.
This equipment includes an electrical meter box (also to be painted Mesa Brown), three
RRU’s, additional conduit and associated bracketry. The electrical meter and RRU’s
would be installed directly onto the pole, at a distance ranging from seven feet to 18 feet
above the ground. Lastly, a Verizon Wireless Small Cell Equipment cabinet would be
mounted on a raised concrete pad and installed adjacent to the pole. All cabling that
would attach from the cabinet to the pole would be underground.
55
3
The site was reviewed by Public Works to determine if pedestrian and ADA access could
be maintained. It was determined that as long as the equipment was either located
outside the existing sidewalk and street, Public Works would be satisfied with the project.
Public Works conditions have been added to the resolution.
Verizon has supplied a letter discussing the project in detail (Attachment 2) along with
existing and proposed coverage maps (Attachment 3). Per the attached maps, quality of
data coverage would substantially increase with the proposed installation.
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.
In an effort to demonstrate compliance with FCC regulations, the applicant has provided a
Radio Frequency (RF) Compliance report (Attachment 4). The report 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 antenna would operate at no more than 5.0% of the
maximum permitted exposure (MPE) limit for the general public.
Middle Class Tax Relief and Job Creation Act of 2012
As part of the “Middle Class Tax Relief and Job Creation Act of 2012”, approved by the
Federal Government, there were certain provisions added to allow wireless tower facilities
to modify an existing wireless facilities without discretionary review. The existing facilities
are called “eligible facilities”.
An “eligible facility” is an existing tower or base station that currently has wireless antennas
located on it. Modifications include collocate, remove, or replace antennas and equipment
associated with wireless service.
The existing utility pole is currently not an eligible facility, as it does not have wireless
equipment located on it. If approved, the pole would become an eligible facility. Staff has
provided a summary of the potential future modifications that may occur without
discretionary review (Attachment 5).
Neighbor Correspondence
The applicant was unable to contact any neighboring property owners regarding the project.
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property. The public hearing notice and description of the project was published in the
Saratoga News. Staff has received one e-mail in opposition of the proposed project.
56
4
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 new antenna will be located on an existing
utility pole in 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.
The project meets this finding because the proposed antenna would be installed on the
top of an existing utility pole approximately 50 feet in the air and painted brown to
match the existing pole. The associated equipment would also be painted brown in
order to blend in with the suburban surroundings.
(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 has not proposed any fencing or landscaping to visually screen the ground
mounted equipment associated with the project. Instead, the equipment is to be low
profile (38” tall x 26” wide) and will be painted “mesa brown” to match the adjacent
utility pole. Furthermore, the ground mounted equipment will be compatible with the
existing ground mounted equipment within the surrounding area, in that all other utility
cabinets are uncovered and exposed. Landscaping and fencing would not be appropriate
for the site since the area of installation is not large enough to accommodate landscaping
and fencing, in general, would not be compatible with the image and aesthetics of the
surrounding area in that no other utility cabinets are screened with fencing.
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.
57
5
ATTACHMENTS:
1. Resolution of Approval – 19848 Prospect Road
2. Justification Letter
3. Existing and Proposed Coverage Maps – Verizon
4. RF Energy Compliance Report
5. Small Cell Base Station Diagram (provided by SV joint venture)
6. Neighbor E-mail
7. Photo Simulations
8. Reduced Plans, Exhibit "A.”
58
RESOLUTION NO: 15-012
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW PDR15-0004 REGARDING WIRELESS ANTENNAS
LOCATED NEAR 19848 PROSPECT ROAD (SARATOGA PROSPECT CENTER)
WHEREAS, an application was submitted by Verizon Wireless requesting 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 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 Planning Commission determine this project exempt.
WHEREAS, on May 13, 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.
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 to 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 is co-located with
59
Resolution No. 15-012
another wireless telecommunications facility, blends in with the surrounding environment and
predominant background, and is appropriately screened visually.
Section 5: The City of Saratoga Planning Commission hereby approves PDR15-0004
located near 19848 Prospect 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 13th day of
May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Leonard Almalech
Chair, Planning Commission
60
Resolution No. 15-012
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.
61
Resolution No. 15-012
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
62
Resolution No. 15-012
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.
63
1757 Greenwood Rd
Pleasanton, CA 94566
T 925‐899‐1999
F 415‐358‐5766
bob@beacondev.net
PROJECT DESCRIPTION
Verizon Wireless Small Cell Installation
Prospect Road near 19848 Prospect Road, Saratoga CA
Verizon Wireless Project ID: 291217 Project Name: Prospect & Miller SC2
Nature of Request
Verizon Wireless seeks approval of a Design Review Approval Application of (3) Remote Radio Units
(RRUs) one Charles cabinet and one cylindrical antenna on top of an existing wooden utility pole at the above
location.
Property Description
The subject property is located in the public right-of-way on the south side of Prospect Road, next to 19848
Prospect Road. The adjacent properties are residential properties and the Saratoga Prospect Center.
Project Description
The project is located on an existing wooden utility pole in the public Right of Way. VZW is a utility and a
member of the joint pole association. They have full membership and ownership rights to all JPA poles. Ver-
izon will place a Charles cabinet on the ground next to the pole in the ROW. This cabinet will house back up
batteries, telco equipment and a power supply. There will be a meter and a disconnect switch placed on the
pole, starting at 7 feet above ground level. Above the meter will be three Remote Radio Units (RRUs).
RRU’s are the radios that create the wireless signals. Just above the RRU will be a GPS antenna, this is a re-
ceive only unit. The antenna will be installed at the top of the pole; a 6-foot bayonet or extension will be
placed to hold the antenna. The Joint Pole Association is governed by the GO95 code, which requires six feet
of separation from the bottom bracket of the antenna to the nearest conductor for worker safety issues. The
antenna will be housed in a radome, shielding it from sight.
Coverage Objection & Alternative Locations
Verizon Wireless is continually looking at ways to improve both their coverage and their capacity. The use
of wireless devices and phones is constantly increasing. Today’s smartphones are always on, they are contin-
uously connected to the network: pulling down email, updating Facebook, instagram, texts, etc. This con-
stant connection puts a burden on the network. The use of these Small Cells will allow them to fill either a
coverage hole or a capacity issue. This site will plug a hole that currently existing in the LTE network (see
attached coverage maps). Small Cells will allow Verizon to address issues with their coverage on a smaller
scale. Not every coverage objective needs to be addressed by a full sized cell site; small cells will allow Veri-
zon to fine tune the network.
64
This area is an extremely tough area to provide coverage. It’s highly residential and is quite a ways away
from VZW existing sites. The only truly viable candidates in this area are other JPA poles. The poles that
were selected met the coverage objective plus meet all the requirements of the GO95 code.
Statement of Operations
The Small Cell wireless communication facility only requires electrical and telephone services, which are
readily available to the building/site. No nuisances will be generated by the proposed facility, nor will the
facility injure the public health, safety, morals or general welfare of the community. Verizon Wireless tech-
nology does not interfere with any other forms of communication devices whether public or private. The ad-
ditions of this facility will actually enhance wireless communications for residents or motorists traveling by
providing seamless service to numerous customers. The Small Cell site is designed to enhance the existing
coverage in the area in high traffic areas. The coverage provided by these sites offloads the network due to
high usage.
Upon completion of the proposed installation, fine-tuning of the Verizon facility may be necessary, meaning
the site will be adjusted once or twice a month by a service technician for routine maintenance. No additional
parking spaces are needed at the project site for maintenance activities. The site is entirely self-monitored and
connects directly to a central office where sophisticated computers alert personnel to any equipment malfunc-
tion or breach of security.
Because the facility will be un-staffed, there will be no regular hours of operation and no impact to existing
traffic patterns. Existing public roads will provide ingress and egress allowing access to the technician who
arrives infrequently to service the site. A technician will visit the site about once a month for routine inspec-
tion and maintenance. No on-site water or sanitation services will be required as a part of this proposal.
Zoning Analysis
Verizon’s proposed facility will be located on an existing utility pole in the public Right of way. Saratoga
has wireless process that will require all wireless sites to file a Design Review Approval. This location is off
a major road along a side road, antennas will be in a radome on top of an existing wooden pole and all equip-
ment will be painted to match. A six-foot pole top extension is required in order to meet the GO95 require-
ments. They require this distance of separation between the antenna and the conductors for safety reason.
Attached to this letter is Verizon Wireless’s Reservation of Rights. This letter states that VZW reserves all
its rights under the California Public Utilities Code as a Utility. As a utility VZW has the rights to work and
place equipment in the public Right-of-way. The rights granted under the Federal Communications Act, Sec-
tion 6409 of the Middle Class Tax Relief and the Job Creation Act of 2012 grant VZW statewide franchise to
place telephone equipment in the public Right of Way.
Design Review Findings
The site will be placed on an existing telephone pole so this is a collocation. No new structure will be intro-
duced to the area. The antenna will be placed on a bayonet on top of the pole. The radio units will be
mounted to the poles as well. There will be one small utility cabinet place at the base of the pole in the ROW.
All of this equipment will be place a color of brown (Mesa Brown) that will match the color of the pole.
65
Compliance with Federal Regulations
Verizon does and will continue to comply with all FCC rules governing construction requirements, technical
standards, interference protection, power and height limitations, and radio frequency standards. In addition,
the company will comply with all FAA rules on site location and operation.
Collocation
Verizon Wireless is a wireless communications company. We are constantly working on improving our
network. In order to do so we are building new sites continuously. Our preference is to collocate on ex-
isting sites. We are willing to collocation with any other carrier where it is plausible and we have no is-
sues with other carriers collocating on site that we occupy as long as it is technically feasibly and there
are no interference issues.
66
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68
RF Compliance Services, Inc.
3628 24th Street
San Francisco, CA 94110
Prepared By
Chris Goldsmith
Chris@RadioFrequencyCompliance.com
415-948-6790
Human Exposure to RF Energy
Compliance Report
Prepared for:
Mr. Bob Gundermann
Beacon Development, LLC
925-899-1999
For the benefit of Verizon Wireless
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date: April 29, 2015
69
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Table of Contents
Introduction .............................................................................................................................................. 1
Site Description ....................................................................................................................................... 1
Compliance Summary ........................................................................................................................... 2
Mitigation, Signage, and Barrier Recommendations ................................................................. 2
Regulatory Framework ......................................................................................................................... 3
Predictive Modeling ............................................................................................................................... 5
Limitations................................................................................................................................................. 9
Engineering Statement ......................................................................................................................... 9
Appendix A: Radio Frequency Health and Safety Guidelines ............................................ 10
70
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 1 of 11
Introduction
Radio Frequency Compliance Services, Inc., has been contracted to conduct a human
exposure to radio frequency energy study for the benefit of Verizon Wireless. The
Federal Communications Commission (FCC) requires licensees to ensure that
people are not exposed to radiofrequency electromagnetic energy power densities
in excess of the applicable maximum permitted exposure (MPE) limit.
This study uses data supplied by Verizon Wireless or its representatives to
determine the human exposure to RF energy from the subject site.
The following documents were supplied by Verizon Wireless or its representatives.
This information in considered to be correct and was used in the creation of this
report:
1. Drawings – PROSPECT MILLER SC2 90CD 101614 - VZW_REDLINES
(17Dec2014)
2. Power Statement – PROSPECT MILLER SC2 EME DATA SHEET – 1/5/15
Site Description
The subject site is Prospect and Miller SC2, Site Location #291217, which is located
along Prospect Road, Saratoga, CA 95129. The proposed site is the installation of a
new wireless facility mounted on an existing 45 foot, wooden power company pole.
The proposed facility consists of a single omni directional antenna mounted at 51
feet above ground level.
The site is located in a residential area. There are two story residential buildings 80
feet to the South West and single story residential buildings 120 feet to the North.
71
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 2 of 11
Compliance Summary
This site COMPLIES with Radiofrequency Radiation Exposure Limits of 47 CFR §
1.1307(b)(3) and 1.1310.
Predicted power density of the Verizon proposed installation, calculated at ground
level surrounding the site, at the point of closest public access, is 5.0% of the general
public MPE limit.
Predicted power density of the Verizon proposed installation, calculated at roof
level, approximately 24 feet above ground level, at the point of closest public access,
is 1.0% of the general public MPE limit.
Mitigation, Signage, and Barrier Recommendations
No mitigation is necessary.
RF Notice signs should be placed on the pole.
Barriers are not required at this site.
Omni Directional Antenna
72
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 3 of 11
Regulatory Framework
The FCC requires licensees to ensure that persons are not exposed to
radiofrequency electromagnetic energy power densities in excess of the applicable
MPE limit. Applicable FCC rules are found at 47 CFR § 1.1307(b) (3) and 1.1310.
The FCC rules define two tiers of permissible exposure differentiated by the
situation in which the exposure takes place and/or the status of the individuals who
are subject to exposure.
The General Population / Uncontrolled Exposure Limit applies to human exposure
to RF fields when the general public is exposed or in which persons who are
exposed as a consequence of their employment may not be made fully aware of the
potential for exposure or cannot exercise control over their exposure. Therefore,
members of the general public always fall under this category when exposure is not
employment-related.1
The Occupational/Controlled Exposure Limit applies to human exposure to RF fields
when persons are exposed as a consequence of their employment and in which
those persons who are exposed have been made fully aware of the potential for
exposure and can exercise control over their exposure. These exposure limits also
apply where exposure is of a transient nature as a result of incidental passage
through a location where exposure levels may be above General Population /
Uncontrolled limits as long as the exposed person has been made fully aware of the
potential for exposure and can exercise control over his or her exposure by leaving
the area or by some other appropriate action.2
The FCC’s maximum permissible exposure (MPE) is defined as the rms and peak
electric and magnetic field strength, their squares, or the plane-wave equivalent
power densities associated with these fields to which a person may be exposed
without harmful effect and with an acceptable safety factor levels.3
The FCC’s MPE limits for the General Population/Uncontrolled and Occupational/
Controlled environments are given in Table1 and Table 2, respectively. Figure 1 is a
graph of both MPEs as functions of frequency.
1 Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields, OET Bulletin 65, Edition 97-01, August 1997, Page 3
2 Ibid, Page 4
3 Ibid, Page 3
73
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 4 of 11
Table 1: MPE Limits for General Population/Uncontrolled Environment 4
Frequency Range
(MHz)
Electric Field
Strength
(V/m)
Magnetic
Field Strength
(A/m)
Power Density
(mW/cm2)
Averaging Time for
|E|2, |H|2 , or S
(Minutes)
0.3 – 1.34 614 1.63 (100)* 30
1.34 -30 824/f 2.19/f (180/f2)* 30
30 – 300 27.5 0.073 0.2 30
300 – 1500 -- -- f/1500 30
1500– 100,000 -- -- 1.0 30
f = frequency in MHz * = Plane wave equivalent power density
Table 2: MPE Limits for Occupational/Controlled Environment5
Frequency Range
(MHz)
Electric Field
Strength
(V/m)
Magnetic
Field Strength
(A/m)
Power Density
(mW/cm2)
Averaging Time for
|E|2, |H|2 , or S
(Minutes)
0.3 – 3.0 614 1.63 (100)* 6
3.0 – 30 1842/f 4.89/f (900/f2)* 6
30 – 300 61.4 0.163 1.0 6
300 – 1500 -- -- f/300 6
1500– 100,000 -- -- 5.0 6
f = frequency in MHz * = Plane wave equivalent power density
FCC Limits for Maximum Permissible Exposure (MPE) – Plane-wave Equivalent Power Density6
Maximum Permissible Exposure (MPE) is defined in OET 65 as being 100% of the
exposure limit for the situation or tier of permissible exposure. Anyone may be
granted safe access to areas less than or equal to 100% of the General Population
MPE Limit. For persons who have been properly trained and meet the definition of
being Occupational Personnel, access to areas at or below 100% of the Occupational
MPE limit may be granted. Access to areas predicted to exceed 100% of the
4 Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields, OET Bulletin 65, Edition 97-01, August 1997, Page 67
5 Ibid, Page 67
6 Ibid, Page 68
74
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 5 of 11
Occupational MPE limit may be granted to persons properly trained and who use
real-time power density measurement Personal Protective Equipment, such as a RF
Personal Monitor.
FCC rules allow for access to areas that exceed of 100% of the applicable limit, if
time-averaged exposure is not exceeded. This clause requires very carefully
measured, consistent exposure and is difficult to incorporate into practical
compliance policies. This report and any recommendations herein assume
continuous exposure at or below the applicable MPE limit. Time average is not
employed to determine compliance.
For any area in excess of 100% General Population MPE, access controls must be put
in place and maintained to prevent the general population from gaining access.
Occupational Personnel trained in RF safety and equipped with personal protective
equipment designed for safe work in the vicinity of RF may be granted access,
subject to other site security requirements. Access controls may be imposed by
locked doors, physical barriers, or alarms to notify the individual and site
management. Controls may include administrative policies and procedures
requiring personal protective equipment, proof of RF training to obtain site access
cards, presentation of appropriate RF awareness training certifications to security
personnel or other measures designed to prevent uncontrolled access.
Following these FCC requirements, predictive modeling was performed to evaluate
power density resulting from client transmitters as a percentage of the power
density MPE limit applicable to their transmitters. If additional carriers and other
wireless installations are identified and included, their technical and operating
parameters have been assumed and are intended to be conservative and consistent
with the higher range of operating parameters.
In field and on site measurements typically show power density values significantly
lower than predicted values. The purpose of predictive analysis is to depict the
worst case potential for exposure such that compliance with the analysis assures a
high safety margin.
Predictive Modeling
The RoofView software program is used to calculate the predicted power density
throughout the subject area in both the general public and occupational MPE in
accordance with the FCC’s OET bulletin 65 “Evaluating Compliance with FCC-
Specified Guidelines for Human Exposure to Radio Frequency Radiation” dated
August 1997. Spatially averaged power density is plotted based on the percentage
of the applicable standard, as noted in the plots below.
75
Prospect and Miller SC2 Site Location #291217 Prospect Road Saratoga, CA 95129 Page 6 of 11 Antenna inventory and operating power ID Name Freq Power Mfg Model X Y Z Aper Pt Dir VZ A1 700.00000 107.0 AMPHENOL CWT360X06F0Y 100.0 100.0 51.0 2.0 360;0 VZ A1 1900.00000 95.3 AMPHENOL CWT360X06F0Y 100.0 100.0 51.0 2.0 360;0 VZ A1 2100.00000 95.3 AMPHENOL CWT360X06F0Y 100.0 100.0 51.0 2.0 360;0 This table is extracted from RoofView for this project. Antenna and operating information for Verizon has been supplied by Verizon or its representatives. Operating information for co-located transmission facilities has been estimated based on generally accepted operating parameters. Antenna Z position is to the bottom of the aperature, not the center line Power is the net power, in Watts, to the antenna Pt Dir is th beam width in degrees and the orientation 76
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 7 of 11
A 200 foot by 200 foot grid surrounding the site with the general public MPE
limit calculated for ground level, with all antennas operating. All accessible
areas are within the general public limit. The maximum predicted power
density in any accessible area is 5.0% of the general public MPE limit.
.
77
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 8 of 11
A 200 foot by 200 foot grid surrounding the site with the general public MPE
limit calculated for accessible areas at roof level, approximately 24 feet above
ground level, with all antennas operating. All accessible areas are within the
general public limit. The maximum predicted power density in any accessible
area is 1.0% of the general public MPE limit.
78
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 9 of 11
Limitations
This report was prepared in accordance with generally accepted practices based
solely on the information provided by the client or its representatives. Observations
made by Radio Frequency Compliance Services, or its contractors, are valid on the
date of the observation. Changes to the site, the technical, or operating parameters
may invalidate the findings of this report and should be brought to the attention of
Radio Frequency Compliance Services, Inc. No warranty, expressed or implied, is
made.
Engineering Statement
This work has been carried out under my direction and all statements are true and
correct to best of my knowledge.
79
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 10 of 11
Appendix A: Radio Frequency Health and Safety Guidelines
The FCC has established guidelines for human exposure to RF electromagnetic fields
based on the work of the National Council on Radiation Protection and
Measurements (NCRP) and the Institute of Electrical and Electronics Engineers
(IEEE). The exposure guidelines are based on thresholds for known adverse effects
and they incorporate a safety margin.
The FCC has established two tiers of limits, one for conditions under which the
public may be exposed (general public exposure) and the other for exposure
situations involving workers (occupational exposure). The limits, expressed as
power density in mW/cm, vary based on the frequencies in use at the site. Typical
cellular communications systems operate in two frequency bands referenced in the
guidelines: 300 MHz to 1,500 MHz and 1,500 MHz to 100,000 MHz. Within those
ranges, the general population limit varies from 0.2 mW/cm2 to 1.0 mW/cm2 and
the occupational limit varies from 1.0 mW/cm2 to 5.0 mW/cm2. Power density can
be predicted or measured in accordance with FCC guidelines.
The FCC has established exposure limits, not emissions limits, therefore areas must
be accessible to the public or to workers. Restricting access is usually the simplest
means of controlling exposure to areas where high RF levels may be present.
Areas within the general public limit
No restrictions on exposure exist for areas less than the general public limit. Those
areas are safe for unlimited access by all persons.
Areas within the occupational limit
The general public must be restricted from accessing areas that exceed the general
public limit. In general, these restrictions include fencing and locking out of
unauthorized persons. Workers who are “aware of” and “exercise control over”
their exposure meet the criteria for occupational exposure. Workers who meet
these criteria may access areas that are within the occupational limit without
restriction. Persons who are only “transient” visitors to the area, such as air
conditioning technicians, etc., could also be considered to fall within the
occupational criteria as long as they are “made aware” of their exposure and
exercise control over their exposure.
Areas that exceed the occupational limit
The FCC guidelines allow for the calculation of a time averaged MPE limit that would
permit workers who meet the criteria for occupational exposure to enter areas that
exceed the absolute occupational limit for brief, specific time intervals. In practice,
the application of time averaged exposure is difficult to implement and, therefore,
access to areas that exceed the occupational limit is not recommended. If the
80
Human Exposure to RF Energy
Compliance Report
Prospect and Miller SC2
Site Location #291217
Prospect Road
Saratoga, CA 95129
Report Date:
April 29, 2015
Page 11 of 11
transmitters cannot be deactivated, the use of radiofrequency protective clothing
may facilitate compliance with RF exposure guidelines.
Never touch an antenna that is energized.
81
Increase height 10% or 10’, whichever
is greater
Does not require excavation
outside of existing “site”
DAS/Small Cell (and Vertical Installations on Base Stations)
Protrusion from edge of structure no more than 6’
•No more than 4 new equipment cabinets
•If no preexisting ground cabinets, then no
new ground cabinets
•If preexisting ground cabinets, then cannot
add more than 10% larger in height or
volume than any other cabinets associated
with the structure
•Does not defeat concealment element
•Complies with all COAs
82
1
Michael Fossati
From:Esther Paaske <epaaske@gmail.com>
Sent:Friday, May 01, 2015 12:22 PM
To:Michael Fossati
Cc:Tim Paaske
Subject:Verizon cell antennas on Prospect Road
Hello Michael,
Thank you for spending the time with me on the phone today regarding the proposals by Verizon to put up
antennas on Prospect road (one in front of the community center, and the other near Beth David) and on Kristy
Lane.
I just wanted to follow up on that and send you this email for your records.
As a resident who lives within a small radius of these proposed sites, I am very concerned about what these cell
towers may do to affect the health of the many children who live in the neighborhood, including mine. I know
the jury is still out on exactly how harmful the radiation from these cell towers can be, but I have heard enough
to not want to take that risk.
Recently Fremont Union High School District put forward a proposal from Verizon to put up cell towers on the
Lynbrook High School property, to which there was a huge uproar from the parents who were concerned about
the health and safety of the students who attend Lynbrook. The school board just this week voted to not go
through with it.
Having heard various research data regarding what proximity to cell towers does to human bodies, especially to
ones who are still growing/developing, I am very much concerned about Verizon's proposals on these new sites.
I understand the city of Saratoga cannot base its decision on health and safety alone. But as a former resident of
Saratoga (graduate of Redwood and Saratoga High) and a current resident on the boundary of Saratoga and west
San Jose, I urge the City Council to make a decision that looks out for the welfare of its residents and neighbors,
particularly the children who are our future, and ask Verizon to consider alternate sites that are not immediately
adjacent to residential areas and schools.
Best regards,
Esther Paaske
6470 Ivy Lane, San Jose
83
PROSPECT & MILLER SC2
(Near) Prospect Rd.
Saratoga, CA 95129 ADL Simulations, Inc. ✦ (415) 559-2121 ✦ adlsimulations@gmail.comOVERVIEW
84
EXISTING - LOOKING SW
PROPOSED - LOOKING SW
ADL Simulations, Inc. ✦ (415) 559-2121 ✦ adlsimulations@gmail.comPROSPECT & MILLER SC2
(Near) Prospect Rd.
Saratoga, CA 95129
Installing (1) electric meter, (3) RRUs, (1)
ground-mounted Charles cabinet, (1)
Amphoral cylindrical antenna. All
equipment to be painted to meet
jurisdictional approval.
85
EXISTING - LOOKING SE
ADL Simulations, Inc. ✦ (415) 559-2121 ✦ adlsimulations@gmail.comPROSPECT & MILLER SC2
(Near) Prospect Rd.
Saratoga, CA 95129
86
PROPOSED - LOOKING SE
ADL Simulations, Inc. ✦ (415) 559-2121 ✦ adlsimulations@gmail.comPROSPECT & MILLER SC2
(Near) Prospect Rd.
Saratoga, CA 95129
Installing (1) electric meter, (3) RRUs, (1) ground-mounted
Charles cabinet, (1) Amphoral cylindrical antenna. All
equipment to be painted to meet jurisdictional approval.
87
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90
91
92
93
94
95
96
97
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100
101
REPORT TO THE
PLANNING COMMISSION
Meeting Date: May 13, 2015
Application: Design Review PDR15-0006
Location / APN: Near 19700 Prospect Road / 386-35-070
Owner / Applicant: City of Saratoga / Verizon Wireless
Staff Planner: Michael Fossati
Utility Pole near 19700 Prospect Road
102
2
SUMMARY
ZONING
Single-Family Residential (R1-10,000)
GENERAL PLAN DESIGNATION
Community Facilities (CFS)
PROJECT DESCRIPTION:
The applicant is requesting a Design Review approval to install one cylindrical antenna and
associated equipment on an existing utility pole, located on Prospect Road and north of
19700 Prospect Road (Congregation Beth David). Additional equipment includes an
electrical meter, three radio remote units (RRU’s), a ground mounted cabinet, three fiber
duplexes, one buss bar, and one disconnect switch. The total combined height of the
antenna and utility pole would be approximately 51 feet.
STAFF RECOMMENDATION:
Approve Resolution No. 15-013 approving the project subject to conditions of approval.
PROJECT DATA
Pursuant to City Code Section 15-44.020(a), no building permit shall be issued for the
construction of a Wireless Telecommunications Facility, or the modification of an
existing Wireless Telecommunications Facility, within any zoning district until such
structure has received design review approval by the Planning Commission.
SITE AND PROJECT CHARACTERISTICS
Site Description: The project site is located on an existing utility pole within the right-of-
way along Prospect Road. The utility pole is located adjacent to the parking lot that
services Congregation Beth David and Church of the Ascension.
Project Description: The applicant is proposing to install one cylindrical antenna on top
of an existing wooden utility pole. The new antenna has a nine inch diameter and is
approximately two feet tall. The antenna would be installed on top of a six foot tall
“power safety” post, which would provide the clearance required by the Federal
Government for wireless antenna installation on utility poles. The overall height of the
pole would increase from approximately 42 feet, 11 inches, to 51 feet, 4 inches. The
antenna, “power safety” post, conduit and bracketry would all be painted “mesa brown”
to match the existing utility pole.
Additional equipment would be installed either onto the side of the pole or on the ground.
This equipment includes an electrical meter box (also to be painted Mesa Brown), three
RRU’s, additional conduit and associated bracketry. The electrical meter and RRU’s
would be installed directly onto the pole, at a distance ranging from seven feet to 18 feet
above the ground. Lastly, a Verizon Wireless Small Cell Equipment cabinet would be
mounted on a raised concrete pad and installed adjacent to the pole. All cabling that
would attach from the cabinet to the pole would be underground.
103
3
The site was reviewed by Public Works to determine if pedestrian and ADA access could
be maintained. It was determined that as long as the equipment was either located
outside the existing sidewalk and street, Public Works would be satisfied with the project.
Public Works conditions have been added to the resolution.
Verizon has supplied a letter discussing the project in detail (Attachment 2) along with
existing and proposed coverage maps (Attachment 3). Per the attached maps, quality of
data coverage would substantially increase with the proposed installation.
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.
In an effort to demonstrate compliance with FCC regulations, the applicant has provided a
Radio Frequency (RF) Compliance report (Attachment 4). The report 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 antenna would operate at no more than 5.4% of the
maximum permitted exposure (MPE) limit for the general public.
Middle Class Tax Relief and Job Creation Act of 2012
As part of the “Middle Class Tax Relief and Job Creation Act of 2012”, approved by the
Federal Government, there were certain provisions added to allow wireless tower facilities
to modify an existing wireless facilities without discretionary review. The existing facilities
are called “eligible facilities”.
An “eligible facility” is an existing tower or base station that currently has wireless antennas
located on it. Modifications include collocate, remove, or replace antennas and equipment
associated with wireless service.
The existing utility pole is currently not an eligible facility, as it does not have wireless
equipment located on it. If approved, the pole would become an eligible facility. Staff has
provided a summary of the potential future modifications that may occur without
discretionary review (Attachment 5).
Neighbor Correspondence
The applicant was unable to contact any neighboring property owners regarding the project.
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property. Staff directly contacted staff of Congregation Beth David and Church of the
Ascension informing them of the project. The public hearing notice and description of the
project was published in the Saratoga News. Staff has not received any comments on the
proposed project.
104
4
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 new antenna will be located on an existing
utility pole in 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.
The project meets this finding because the proposed antenna would be installed on the
top of an existing utility pole approximately 51 feet in the air and painted brown to
match the existing pole. The associated equipment would also be painted brown in
order to blend in with the suburban surroundings.
(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 has not proposed any fencing or landscaping to visually screen the ground
mounted equipment associated with the project. Instead, the equipment is to be low
profile (48” tall x 28” wide) and will be painted “mesa brown” to match the adjacent
utility pole. Furthermore, the ground mounted equipment will be compatible with the
existing ground mounted equipment within the surrounding area, in that all other utility
cabinets are uncovered and exposed. Landscaping and fencing would not be appropriate
for the site since the area of installation is not large enough to accommodate landscaping
and fencing and would not be compatible with the image and aesthetics of the
surrounding area in that no other utility cabinets are screened with fencing or landscape.
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
105
5
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.
ATTACHMENTS:
1. Resolution of Approval – 19700 Prospect Road
2. Justification Letter
3. Existing and Proposed Coverage Maps – Verizon
4. RF Energy Compliance Report
5. Small Cell Base Station Diagram (provided by SV joint venture)
6. Photo Simulations
7. Reduced Plans, Exhibit "A.”
106
RESOLUTION NO: 15-013
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW PDR15-0006 REGARDING WIRELESS ANTENNAS
LOCATED NEAR 19700 PROSPECT ROAD (CONGREGATION BETH DAVID)
WHEREAS, an application was submitted by Verizon Wireless requesting 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 Congregation Beth David & Church of the
Ascension. 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 43 feet to 52 feet. The
antenna and associated equipment would be painted “Mesa Brown” in order to match the existing
utility pole. The foregoing work is described 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 Planning Commission determine this project exempt.
WHEREAS, on May 13, 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.
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 to 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 is co-located with
107
Resolution No. 15-013
another wireless telecommunications facility, blends in with the surrounding environment and
predominant background, and is appropriately screened visually.
Section 5: The City of Saratoga Planning Commission hereby approves PDR15-
0006 located near 19700 Prospect 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 13th day of
May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Leonard Almalech
Chair, Planning Commission
108
Resolution No. 15-013
Exhibit 1
CONDITIONS OF APPROVAL
PDR15-0006
Near 19700 Prospect Road
(APN 389-35-070)
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.
109
Resolution No. 15-013
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
110
Resolution No. 15-013
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.
111
1757 Greenwood Rd
Pleasanton, CA 94566
T 925‐899‐1999
F 415‐358‐5766
bob@beacondev.net
PROJECT DESCRIPTION
Verizon Wireless Small Cell Installation
Prospect Road (IFO) Congregation Church, Saratoga, CA
Verizon Wireless Project ID: 291212 Project Name: Prospect & Miller SC1
Nature of Request
Verizon Wireless seeks approval of a Design Review Approval of (3) Remote Radio Units (RRUs) one
Charles cabinet and one cylindrical antenna on top of an existing wooden utility pole at the above location.
Property Description
The subject property is located in the public right-of-way on the south side of Prospect Road, in front of Con-
gregation Beth David Church. The adjacent properties are churches and residential properties.
Project Description
The project is located on an existing wooden utility pole in the public Right of Way. VZW is a utility and a
member of the joint pole association. They have full membership and ownership rights to all JPA poles. Ver-
izon will place a Charles cabinet on the ground next to the pole in the ROW. This cabinet will house back up
batteries, telco equipment and a power supply. There will be a meter and a disconnect switch placed on the
pole, starting at 7 feet above ground level. Above the meter will be three Remote Radio Units (RRUs).
RRU’s are the radios that create the wireless signals. Just above the RRU will be a GPS antenna, this is a re-
ceive only unit. The antenna will be installed at the top of the pole; a 6-foot bayonet or extension will be
placed to hold the antenna. The Joint Pole Association is governed by the GO95 code, which requires six feet
of separation from the bottom bracket of the antenna to the nearest conductor for worker safety issues. The
antenna will be housed in a radome, shielding it from sight.
Coverage Objection & Alternative Locations
Verizon Wireless is continually looking at ways to improve both their coverage and their capacity. The use
of wireless devices and phones is constantly increasing. Today’s smartphones are always on, they are contin-
uously connected to the network: pulling down email, updating Facebook, instagram, texts, etc. This con-
stant connection puts a burden on the network. The use of these Small Cells will allow them to fill either a
coverage hole or a capacity issue. This site will plug a hole that currently existing in the LTE network (see
attached coverage maps). Small Cells will allow Verizon to address issues with their coverage on a smaller
scale. Not every coverage objective needs to be addressed by a full sized cell site; small cells will allow Veri-
zon to fine tune the network.
This area is an extremely tough area to provide coverage. It’s highly residential and is quite a ways away
from VZW existing sites. The only truly viable candidates in this area are other JPA poles. The poles that
were selected met the coverage objective plus meet all the requirements of the GO95 code.
112
Statement of Operations
The Small Cell wireless communication facility only requires electrical and telephone services, which are
readily available to the building/site. No nuisances will be generated by the proposed facility, nor will the
facility injure the public health, safety, morals or general welfare of the community. Verizon Wireless tech-
nology does not interfere with any other forms of communication devices whether public or private. The ad-
ditions of this facility will actually enhance wireless communications for residents or motorists traveling by
providing seamless service to numerous customers. The Small Cell site is designed to enhance the existing
coverage in the area in high traffic areas. The coverage provided by these sites offloads the network due to
high usage.
Upon completion of the proposed installation, fine-tuning of the Verizon facility may be necessary, meaning
the site will be adjusted once or twice a month by a service technician for routine maintenance. No additional
parking spaces are needed at the project site for maintenance activities. The site is entirely self-monitored and
connects directly to a central office where sophisticated computers alert personnel to any equipment malfunc-
tion or breach of security.
Because the facility will be un-staffed, there will be no regular hours of operation and no impact to existing
traffic patterns. Existing public roads will provide ingress and egress allowing access to the technician who
arrives infrequently to service the site. A technician will visit the site about once a month for routine inspec-
tion and maintenance. No on-site water or sanitation services will be required as a part of this proposal.
Zoning Analysis
Verizon’s proposed facility will be located on an existing utility pole in the public Right of way. Saratoga has
a wireless process that will require all wireless sites to file a Conditional Use Permit. This location is off a
major road along a side road, antennas will be in a radome on top of an existing wooden pole and all equip-
ment will be painted to match. A six-foot pole top extension is required in order to meet the GO95 require-
ments. They require this distance of separation between the antenna and the conductors for safety reason.
Attached to this letter is Verizon Wireless’s Reservation of Rights. This letter states that VZW reserves all
its rights under the California Public Utilities Code as a Utility. As a utility VZW has the rights to work and
place equipment in the public Right-of-way. The rights granted under the Federal Communications Act, Sec-
tion 6409 of the Middle Class Tax Relief and the Job Creation Act of 2012 grant VZW statewide franchise to
place telephone equipment in the public Right of Way.
Design Review Findings
The site will be placed on an existing telephone pole so this is a collocation. No new structure will be intro-
duced to the area. The antenna will be placed on a bayonet on top of the pole. The radio units will be
mounted to the poles as well. There will be one small utility cabinet place at the base of the pole in the ROW.
All of this equipment will be place a color of brown (Mesa Brown) that will match the color of the pole.
Compliance with Federal Regulations
113
Verizon does and will continue to comply with all FCC rules governing construction requirements, technical
standards, interference protection, power and height limitations, and radio frequency standards. In addition,
the company will comply with all FAA rules on site location and operation.
Collocation
Verizon Wireless is a wireless communications company. We are constantly working on improving our
network. In order to do so we are building new sites continuously. Our preference is to collocate on ex-
isting sites. We are willing to collocation with any other carrier where it is plausible and we have no is-
sues with other carriers collocating on site that we occupy as long as it is technically feasibly and there
are no interference issues.
114
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Increase height 10% or 10’, whichever
is greater
Does not require excavation
outside of existing “site”
DAS/Small Cell (and Vertical Installations on Base Stations)
Protrusion from edge of structure no more than 6’
•No more than 4 new equipment cabinets
•If no preexisting ground cabinets, then no
new ground cabinets
•If preexisting ground cabinets, then cannot
add more than 10% larger in height or
volume than any other cabinets associated
with the structure
•Does not defeat concealment element
•Complies with all COAs
129
PROSPECT / MILLER SC1
(Near) Prospect Rd.
Saratoga, CA 95129
Project #20141042014
Location #291212 ADL Simulations, Inc. ✦ (415) 559-2121 ✦ adlsimulations@gmail.comOVERVIEW
130
EXISTING - LOOKING SE
PROSPECT / MILLER SC1
(Near) Prospect Rd.
Saratoga, CA 95129
Project #20141042014
Location #291212 ADL Simulations, Inc. ✦ (415) 559-2121 ✦ adlsimulations@gmail.com131
PROPOSED - LOOKING SE
PROSPECT / MILLER SC1
(Near) Prospect Rd.
Saratoga, CA 95129
Project #20141042014
Location #291212
New Verizon equipment cabinet
(to be painted Mesa Brown).
New Verizon radome
assembly on 6’-0” pole
top expansion (to be
painted Mesa Brown).
New Verizon RRUs (3
total) and electric meter
(to be painted Mesa
Brown).
132
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146
REPORT TO THE
PLANNING COMMISSION
Meeting Date: May 13, 2015
Application: Design Review PDR15-0005
Location / APN: Prospect Rd. near Kristy Lane / 386-27-003
Owner / Applicant: City of Saratoga / Verizon Wireless
Staff Planner: Michael Fossati
Utility Pole near Kristy Lane
147
2
SUMMARY
ZONING
Single-Family Residential (R1-10,000)
GENERAL PLAN DESIGNATION
Community Facilities (CFS)
PROJECT DESCRIPTION:
The applicant is requesting Design Review approval to install one cylindrical antenna and
associated equipment on an existing utility pole, located within the right-of-way on the south
side of Prospect Road and west of Kristy Lane. Additional equipment includes an electrical
meter, three radio remote units (RRU’s), a ground mounted cabinet, three fiber duplexes,
one buss bar, and one disconnect switch. The total combined height of the antenna and
utility pole would be approximately 52 feet.
STAFF RECOMMENDATION:
Approve Resolution No. 15-014 approving the project subject to conditions of approval.
PROJECT DATA
Pursuant to City Code Section 15-44.020(a), no building permit shall be issued for the
construction of a Wireless Telecommunications Facility, or the modification of an
existing Wireless Telecommunications Facility, within any zoning district until such
structure has received design review approval by the Planning Commission.
SITE AND PROJECT CHARACTERISTICS
Site Description: The project site is located along the northern city boundary between the
City of Saratoga and the City of San Jose. The utility pole is located directly behind the
properties of 19413 and 19431 Eric Drive, along the south side of Prospect Road.
Project Description: The applicant is proposing to install one cylindrical antenna on top
of an existing wooden utility pole. The new antenna has a nine inch diameter and is
approximately two feet tall. The antenna would be installed on top of a six foot tall
“power safety” post, which would provide the clearance required by the Federal
Government for wireless antenna installation on utility poles. The overall height of the
pole would increase from approximately 42 feet, 9 ½ inches, to 51 feet, 9 inches. The
antenna, “power safety” post, conduit and bracketry would all be painted “mesa brown”
to match the existing utility pole.
Additional equipment would be installed either onto the side of the pole or on the ground.
This equipment includes an electrical meter box (also to be painted Mesa Brown), three
RRU’s, additional conduit and associated bracketry. The electrical meter and RRU’s
would be installed directly onto the pole, at a distance ranging from seven feet to 18 feet
above the ground. Lastly, a Verizon Wireless Small Cell Equipment cabinet would be
mounted on a raised concrete pad and installed adjacent to the pole. All cabling that
would attach from the cabinet to the pole would be underground.
148
3
The site was reviewed by Public Works to determine if pedestrian and ADA access could
be maintained. It was determined that as long as the equipment was either located
outside the existing sidewalk and street, Public Works would be satisfied with the project.
Public Works conditions have been added to the resolution.
Verizon has supplied a letter discussing the project in detail (Attachment 2) along with
existing and proposed coverage maps (Attachment 3). Per the attached maps, quality of
data coverage would substantially increase with the proposed installation.
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.
In an effort to demonstrate compliance with FCC regulations, the applicant has provided a
Radio Frequency (RF) Compliance report (Attachment 4). The report 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 antenna would operate at no more than 6.6% of the
maximum permitted exposure (MPE) limit for the general public.
Middle Class Tax Relief and Job Creation Act of 2012
As part of the “Middle Class Tax Relief and Job Creation Act of 2012”, approved by the
Federal Government, there were certain provisions added to allow wireless tower facilities
to modify an existing wireless facilities without discretionary review. The existing facilities
are called “eligible facilities”.
An “eligible facility” is an existing tower or base station that currently has wireless antennas
located on it. Modifications include collocate, remove, or replace antennas and equipment
associated with wireless service.
The existing utility pole is currently not an eligible facility, as it does not have wireless
equipment located on it. If approved, the pole would become an eligible facility. Staff has
provided a summary of the potential future modifications that may occur without
discretionary review (Attachment 5).
Neighbor Correspondence
The applicant was unable to contact any neighboring property owners regarding the project.
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property. The public hearing notice and description of the project was published in the
Saratoga News. Staff received multiple comments over the phone and via e-mail on the
proposed project. Comments raised include aesthetics, health concerns regarding RF
radiation, adequate cell coverage already received, and concerns about being too close to
149
4
McAuliffe school and residential areas. Staff informed the residents that the antenna would
be over out of view and would be painted a color to match the existing pole and their other
concerns regarding property values and adequate coverage are not addressed in the findings
required for approval. Staff also informed the residents that safety concerns are governed by
the FCC and cannot be used to deny a project. E-mails from the concerned neighbors have
been included as Attachment 6.
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 new antenna will be located on an existing
utility pole in 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.
The project meets this finding because the proposed antenna would be installed on the
top of an existing utility pole approximately 52 feet in the air and painted brown to
match the existing pole. The associated equipment would also be painted brown in
order to blend in with the suburban surroundings.
(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 has not proposed any fencing or landscaping to visually screen the ground
mounted equipment associated with the project. Instead, the equipment is to be low
profile (38” tall x 26” wide) and will be painted “mesa brown” to match the adjacent
utility pole. Furthermore, the ground mounted equipment will be compatible with the
existing ground mounted equipment within the surrounding area, in that all other utility
cabinets are uncovered and exposed. Landscaping and fencing would not be appropriate
for the site since the area of installation is not large enough to accommodate landscaping
150
5
and fencing, in general, would not be compatible with the image and aesthetics of the
surrounding area in that no other utility cabinets are screened with fencing.
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.
ATTACHMENTS:
1. Resolution of Approval – Prospect Road and Kristy Lane
2. Justification Letter
3. Existing and Proposed Coverage Maps – Verizon
4. RF Energy Compliance Report
5. Small Cell Base Station Diagram (provided by SV joint venture)
6. E-mail from Neighbors
7. Photo Simulations
8. Reduced Plans, Exhibit "A.”
151
RESOLUTION NO: 15-014
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW PDR15-0005 REGARDING WIRELESS ANTENNA
LOCATED NEAR PROSPECT ROAD AND KRISTY LANE
WHEREAS, an application was submitted by Verizon Wireless requesting 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 and Kristy Lane. 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 43 feet to 52 feet. The antenna and associated equipment would be
painted “Mesa Brown” in order to match the existing utility pole. The foregoing work is described
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 Planning Commission determine this project exempt.
WHEREAS, on May 13, 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.
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 to 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 is co-located with
152
Resolution No. 15-014
another wireless telecommunications facility, blends in with the surrounding environment and
predominant background, and is appropriately screened visually.
Section 5: The City of Saratoga Planning Commission hereby approves PDR15-0005
located near Prospect Road and Kristy Lane, 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 13th day of
May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Leonard Almalech
Chair, Planning Commission
153
Resolution No. 15-014
Exhibit 1
CONDITIONS OF APPROVAL
PDR15-0005
Utility Pole South of Prospect Road and West of Kristy Lane
(RIGHT-OF-WAY)
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.
154
Resolution No. 15-014
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
155
Resolution No. 15-014
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.
156
1757 Greenwood Rd
Pleasanton, CA 94566
T 925‐899‐1999
F 415‐358‐5766
bob@beacondev.net
PROJECT DESCRIPTION
Verizon Wireless Small Cell Installation
Prospect Road near Kristy Lane, Saratoga CA
Verizon Wireless Project ID: 291218 Project Name: Prospect & Miller SC3
Nature of Request
Verizon Wireless seeks approval of a Design Review Approval Application of (3) Remote Radio Units
(RRUs) one Charles cabinet and one cylindrical antenna on top of an existing wooden utility pole at the above
location.
Property Description
The subject property is located in the public right-of-way on the south side of Prospect Road, next to Kristy
Lane. The adjacent properties are residential properties.
Project Description
The project is located on an existing wooden utility pole in the public Right of Way. VZW is a utility and a
member of the joint pole association. They have full membership and ownership rights to all JPA poles. Ver-
izon will place a Charles cabinet on the ground next to the pole in the ROW. This cabinet will house back up
batteries, telco equipment and a power supply. There will be a meter and a disconnect switch placed on the
pole, starting at 7 feet above ground level. Above the meter will be three Remote Radio Units (RRUs).
RRU’s are the radios that create the wireless signals. Just above the RRU will be a GPS antenna, this is a re-
ceive only unit. The antenna will be installed at the top of the pole; a 6-foot bayonet or extension will be
placed to hold the antenna. The Joint Pole Association is governed by the GO95 code, which requires six feet
of separation from the bottom bracket of the antenna to the nearest conductor for worker safety issues. The
antenna will be housed in a radome, shielding it from sight.
Coverage Objection & Alternative Locations
Verizon Wireless is continually looking at ways to improve both their coverage and their capacity. The use
of wireless devices and phones is constantly increasing. Today’s smartphones are always on, they are contin-
uously connected to the network: pulling down email, updating Facebook, instagram, texts, etc. This con-
stant connection puts a burden on the network. The use of these Small Cells will allow them to fill either a
coverage hole or a capacity issue. This site will plug a hole that currently existing in the LTE network (see
attached coverage maps). Small Cells will allow Verizon to address issues with their coverage on a smaller
scale. Not every coverage objective needs to be addressed by a full sized cell site; small cells will allow Veri-
zon to fine tune the network.
157
This area is an extremely tough area to provide coverage. It’s highly residential and is quite a ways away
from VZW existing sites. The only truly viable candidates in this area are other JPA poles. The poles that
were selected met the coverage objective plus meet all the requirements of the GO95 code.
Statement of Operations
The Small Cell wireless communication facility only requires electrical and telephone services, which are
readily available to the building/site. No nuisances will be generated by the proposed facility, nor will the
facility injure the public health, safety, morals or general welfare of the community. Verizon Wireless tech-
nology does not interfere with any other forms of communication devices whether public or private. The ad-
ditions of this facility will actually enhance wireless communications for residents or motorists traveling by
providing seamless service to numerous customers. The Small Cell site is designed to enhance the existing
coverage in the area in high traffic areas. The coverage provided by these sites offloads the network due to
high usage.
Upon completion of the proposed installation, fine-tuning of the Verizon facility may be necessary, meaning
the site will be adjusted once or twice a month by a service technician for routine maintenance. No additional
parking spaces are needed at the project site for maintenance activities. The site is entirely self-monitored and
connects directly to a central office where sophisticated computers alert personnel to any equipment malfunc-
tion or breach of security.
Because the facility will be un-staffed, there will be no regular hours of operation and no impact to existing
traffic patterns. Existing public roads will provide ingress and egress allowing access to the technician who
arrives infrequently to service the site. A technician will visit the site about once a month for routine inspec-
tion and maintenance. No on-site water or sanitation services will be required as a part of this proposal.
Zoning Analysis
Verizon’s proposed facility will be located on an existing utility pole in the public Right of way. Saratoga
has a wireless process that will require all wireless sites to file a Design Review Approval. This lo-
cation is off a major road along a side road, antennas will be in a radome on top of an existing wooden pole
and all equipment will be painted to match. A six-foot pole top extension is required in order to meet the
GO95 requirements. They require this distance of separation between the antenna and the conductors for
safety reason.
Attached to this letter is Verizon Wireless’s Reservation of Rights. This letter states that VZW reserves all
its rights under the California Public Utilities Code as a Utility. As a utility VZW has the rights to work and
place equipment in the public Right-of-way. The rights granted under the Federal Communications Act, Sec-
tion 6409 of the Middle Class Tax Relief and the Job Creation Act of 2012 grant VZW statewide franchise to
place telephone equipment in the public Right of Way.
Design Review Findings
The site will be placed on an existing telephone pole so this is a collocation. No new structure will be intro-
duced to the area. The antenna will be placed on a bayonet on top of the pole. The radio units will be
mounted to the poles as well. There will be one small utility cabinet place at the base of the pole in the ROW.
All of this equipment will be place a color of brown (Mesa Brown) that will match the color of the pole.
158
Compliance with Federal Regulations
Verizon does and will continue to comply with all FCC rules governing construction requirements, technical
standards, interference protection, power and height limitations, and radio frequency standards. In addition,
the company will comply with all FAA rules on site location and operation.
Collocation
Verizon Wireless is a wireless communications company. We are constantly working on improving our
network. In order to do so we are building new sites continuously. Our preference is to collocate on ex-
isting sites. We are willing to collocation with any other carrier where it is plausible and we have no is-
sues with other carriers collocating on site that we occupy as long as it is technically feasibly and there
are no interference issues.
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Increase height 10% or 10’, whichever
is greater
Does not require excavation
outside of existing “site”
DAS/Small Cell (and Vertical Installations on Base Stations)
Protrusion from edge of structure no more than 6’
•No more than 4 new equipment cabinets
•If no preexisting ground cabinets, then no
new ground cabinets
•If preexisting ground cabinets, then cannot
add more than 10% larger in height or
volume than any other cabinets associated
with the structure
•Does not defeat concealment element
•Complies with all COAs
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REPORT TO
THE PLANNING COMMISSION
Page 1 of 6
Meeting Date: May 13, 2015
Application: PDR14-0027
Location / APN: 14800 Montalvo Rd / 517-20-005
Owner/Applicant: Stuart Wells / David Britt
Staff Planner: Justin Shiu, Contract Planner
14800 Montalvo Road
202
Application PDR14-0027; 14800 Montalvo Rd/517-20-005 Page 2 of 6
Summary
PROJECT DESCRIPTION: The applicant is requesting a Design Review approval to construct a new
25-foot tall two-story 4,970 square foot home with a three-car garage and a 1,767 square foot
basement at 14800 Montalvo Rd. Seven of the 21 trees on the site have been approved by the City
Arborist to be removed, as they are either in conflict with the design or are in poor health and
structure. Another tree originally proposed for removal fell during a storm after the initial submittal
and was removed.
STAFF RECOMMENDATION: Adopt Resolution No. 15-0016 approving the project subject to
conditions of approval.
Design Review approval is required pursuant to City Code Section 15-45.060.
PROJECT DATA:
Site Area: 26,498 sf gross/net
Average Slope: 5%
Grading: 668 cy of cut and 544 cy of fill
General Plan Designation: Low Density Residential (RLD)
Zoning: Single-Family Residential (R1-20,000)
Proposed Allowed/Required
Site Coverage
Main House & Garage
Walkways/ Decks/ Patios
Driveway
Other
Pervious Paver Driveway
Pervious Walks and Patios
Other Pervious
Total Site Coverage
Front Yard Impervious
3,367 sf
3,786 sf
665 sf
224
1,266 sf (50% of 2,531 sf)
250 sf (50% of 499 sf)
425 sf (50% of 850 sf)
9,982 sf (37%)
1,680 sf (43%)
11,924 sf (45%)
1967 sf (50% of 3,935 sf )
Floor Area
First Floor
Second Floor
Garage
Total Floor Area
2,616 sf
1,754 sf
600 sf
4,970 sf
4,986 sf
Height
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
203.0’
207.0’
205.0’
230.0’ (25’0”)
26 feet Maximum
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Application PDR14-0027; 14800 Montalvo Rd/517-20-005 Page 3 of 6
Setbacks
Front:
Left Side:
Right Side:
Rear:
Front:
Left Side:
Right Side:
Rear:
1st Story
34’
45’
29’
43’
2nd Story
34’
68’
29’
60’
1st Story
30’
15’
15’
35’
2nd Story
30’
20’
20’
45’
PROJECT DESCRIPTION/DISCUSSION
DESIGN REVIEW
Site and Neighborhood Description: The 26,398 square foot property is located at 14800 Montalvo
Rd. The residential neighborhood includes both single-story and two-story homes with various
architectural styles. An existing 4,027 single-story square foot home, which encroaches into the rear
setback, is proposed to be demolished in order to construct the new 4,970 square foot home with a
1,767 square foot basement. The new home conforms to current setback requirements. A total of 21
protected trees were identified for this project and seven are proposed for removal.
Architectural Design: The new two-story home is inspired by “Italian Renaissance” style. The
proposed residence is 25 feet in height. The proposed exterior materials include stucco exterior,
wood trim, smooth finish cast concrete columns, wood panel sectional garage door, wood
windows and doors, and a concrete tile roof. The design includes accents such as decorative iron
chimney caps and decorative wood eave brackets.
Two Story Home: The applicant’s proposed two-story home is compatible with the heights of
nearby homes. The project site is adjacent to a two-story home on the south side and located
south of two-story homes across the street.
Trees: Seven trees meeting City Code thresholds for protection are requested for removal
(Attachment 2). Eight protected trees were originally proposed for removal; however a 15”
Colorado Blue Spruce fell down in a storm. The City Arborist has approved the removal of the
requested trees (a Eucalyptus, a Coast Live Oaks, an Incense Cedar, a Southern Magnolia, a
Glossy Pivet, a Birch and another undefined species). The City Arborist is able to make the
findings for removal based on her review. The applicant is required to place a tree deposit of
$17,760 and install tree protection fencing prior to the issuance of building permits. Replacement
Detail Colors and Materials
Exterior & Trim Tan (Stucco)
Windows/ Doors Brown
Trim Dark Brown (Wood)
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Application PDR14-0027; 14800 Montalvo Rd/517-20-005 Page 4 of 6
trees required to mitigate the proposed tree removals are valued at $13,800 and must be planted
prior to building occupancy.
Landscaping: The landscape design includes several new replacement trees, including a
Sycamore, Olive Trees, Japanese Maples, a Scarlett Maple, a Star Magnolia, Chinese Pistache,
Bronze Loquats, and a Redwood. Several trees are being transplanted in alternate locations,
including, three Crape Myrtles and a Japanese Maple. Permeable interlocking pavers are
proposed for the driveway. New privacy hedges are also being planted in the front yard.
CalGreen Standards/Sustainable Features: The project complies with the required CalGreen
standards. Additionally, the home includes elective sustainable features, including but not limited
to the following:
Permeable paving
Capability for electric vehicle charging
Radiant roof barrier
Provision of exterior shading
Gas-fired space heating
Whole-house fan with insulated louvers/cover
Building lighting with ENERGY STAR features
Use of ENERGY STAR appliances if applicable
Providing future electrical service equipment for photovoltaic systems
Neighbor Notification and Correspondence: The applicant submitted neighbor notification
forms (Attachment 3) and responded to comments. One form received raises concerns about
construction parking on a narrow street and safe entry and exit out of driveways during
construction. The applicant prepared a construction management plan (Development Plans, Sheet
C4.0) for the demolition and construction stages, which responded to construction parking
concerns by showing that parking and equipment storage can be accommodated on site. The
applicant expects only five or six workers during normal weekday business hours and four to six
light duty pick-up trucks. The project site will have no more than 12 persons on site at once and
this occurrence will only take place for short periods during specific phases. This can include the
architect, manager, building staff, etc. No construction vehicles will be parked on Montalvo
Road or in the alley behind the property, as noted in the construction management plan.
Public notices were sent to property owners within 500 feet of the site. Staff received comments
from the neighbor at 14840 Montalvo Rd, immediately south of the subject property, on May 4,
2015 (Attachment 4 & Attachment 5). The neighbor expressed concerns about privacy impacts,
light access and views. The applicant provided notes addressing the concerns in an email to Staff on
May 5, 2015 (Attachment 6), which were then copied and emailed to the neighbor. Staff also held a
discussion with the neighbor through a phone call on May 5, 2015. As of the writing of this Staff
report, the communications between the neighbor, Applicant, and Staff were ongoing: the neighbor
was open to discussing the project further with the Applicant at the neighbor’s property to offer a
perspective on impacts.
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Application PDR14-0027; 14800 Montalvo Rd/517-20-005 Page 5 of 6
FINDINGS
Design Review Findings:
The Planning Commission may grant Design Review approval pursuant to City Code Article 15-45,
if the Planning Commission makes all of the following findings:
(a) Site development follows the natural contours of the site, minimizes grading, and is
appropriate given the property’s natural constraints. The project meets this finding because
the residence proposed is located in the center on a relatively flat portion of the lot. The
residence proposed is located in roughly the same area developed with the existing house.
(b) All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If
constraints exist on the property, the number of protected trees, heritage trees, and native
trees approved for removal shall be reduced to an absolute minimum. Removal of any
smaller oak trees deemed to be in good health by the City Arborist shall be minimized
using the criteria set forth in Section 15-50.080. The project meets this finding in that the
applicant designed the project to locate the new structure to minimize the number of healthy
trees that would need to be removed and still allow reasonable development and use of the
property for the owner’s enjoyment. The project proposes the removal of 7 trees out of the 21
present on the site. The City Arborist has determined that the criteria for tree removal under
Article 15-50 has been met and has approved the removal of the trees, with conditions.
(c) The height of the structure, its location on the site, and its architectural elements are
designed to avoid unreasonable impacts to the privacy of adjoining properties and to
community viewsheds. The project meets this finding because the structure is located in the
middle of the lot, surrounded by trees and vegetation along the side and rear property lines.
New replacement trees and a privacy hedge have been proposed in the front yard to provide
additional screening. The home has been designed with smaller windows on the side walls,
while keeping larger windows and French doors on the first floor facing the street and
backyard. The side setback has been increased beyond the minimum required on the side
adjacent to an existing neighboring single-story residence. The project does not impact any
identified community viewsheds.
(d) The overall mass and the height of the structure, and its architectural elements are in scale
with the structure itself and with the neighborhood. The project meets this finding because
the proposed home features a second story that is stepped back to help reduce the visual
perception of mass and incorporates architectural features. The project also includes other
elements that reduce perceived bulk of the structure, such as varied wall plates, a hipped roof
element, and lower eaves. The project’s hipped roof is also in keeping with the style of
hipped roof found elsewhere in the neighborhood. There are also other two-story structures
across the street and immediately south of the property.
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Application PDR14-0027; 14800 Montalvo Rd/517-20-005 Page 6 of 6
(e) The landscape design minimizes hardscape in the front setback area and contains
elements that are complementary to the neighborhood streetscape. The project meets this
finding because impermeable hardscape surfaces constitute less than 50% of the front setback
area. Permeable walkways are also located in the front setback area.
(f) Development of the site does not unreasonably impair the ability of adjoining properties to
utilize solar energy. The project meets this finding because the proposed location and hip
roof design would not impact solar access for adjacent properties. The distance between
adjacent structures is sufficient to allow solar access.
(g) The design of the structure and the site development plan is consistent with the Residential
Design Handbook, pursuant to Section 15-45.055. The project meets this finding because
the building design and site plan incorporate several techniques from the Residential Design
Handbook, including increasing sideyard setbacks adjacent to smaller homes; designing first
story eave heights and entry eave heights that are in scale with adjacent residences; facing
garage doors perpendicular to the street and deemphasizing the garage presence; minimizing
the size of second story windows; and selecting materials, colors, and details that enhance the
architecture in a well-composed, understated manner.
(h) On hillside lots, the location and the design of the structure avoid unreasonable impacts to
ridgelines, significant hillside features, community viewsheds, and is in compliance with
Section 15-13.100. The finding is not applicable as the site is not a hillside lot.
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures,” of the Public Resources Code (CEQA). This
exemption allows for the construction of up to three single-family residences and no exception to
that exemption applies.
ATTACHMENTS:
1. Resolution of Approval
2. Arborist Report
3. Neighbor Notification Forms
4. Neighbor Concerns from 14840 Montalvo Rd
5. Neighbor Concerns from 14840 Montalvo Rd - Photos
6. Applicant Response to Concerns
7. Story Pole Certification Letter – 14800 Montalvo Rd
8. Development Plans (Exhibit "A")
207
RESOLUTION NO: 15-016
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW PDR14-0027 AND ARBORIST REPORT ARB14-0056
LOCATED AT 14800 MONTALVO ROAD
WHEREAS, on October 28, 2014, an application was submitted by David Britt on behalf
of Stuart Wells requesting Design Review approval to construct a new two story home, a basement,
and related site improvements located at 14800 Montalvo Road The project has a total floor area of
4,970 square feet (not including the 1,767 square foot basement). The height of the proposed
residence is approximately 25 feet. The site is located within the R-1-20,000 Zoning District (APN
517-20-005).
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 May 13, 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.
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 allows for the construction of one
single-family residence in a residential area.
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
the new construction and major additions thereto are compatible with the site and the adjacent
surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require
that landscaping and site drainage plans be submitted and approved during Design Review for a
residence prior to issuance of permits; 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 follows the natural
contours of the site, minimizes grading, and is appropriate given the property’s natural constraints;
preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining
properties and to community viewsheds; the mass and height of the structure and its architectural
elements are in scale with the structure itself and with the neighborhood; landscaping minimizes
208
hardscape in the front setback area and contains elements that are complementary to the
neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize
solar energy; and is consistent with the Residential Design Review Handbook.
Section 5: The City of Saratoga Planning Commission hereby approves PDR14-0027 and
ARB14-0056 located at 14800 Montalvo 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 13th day of
May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Leonard Almalech
Chair, Planning Commission
209
Exhibit 1
CONDITIONS OF APPROVAL
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. 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.
2. The Owner and Applicant will be mailed a statement 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 City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. 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 City Code incorporated herein by this reference.
4. 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, 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.
5. Site Drainage. The owner/applicant shall comply with all City requirements regarding drainage,
including but not limited to complying with the city approved stormwater management plan.
The project shall retain and/or detain any increase in design flow from the site, that is created by
210
the proposed construction and grading project, such that adjacent down slope properties will not
be negatively impacted by any increase in flow. Design must follow the current Santa Clara
County Drainage Manual method criteria, as required by the building department.
Retention/detention element design must follow the Drainage Manual guidelines, as required by
the building department.
6. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A"
dated stamped April 16, 2015. 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 City Code.
7. All requirements in the City Arborist Report dated March 23, 2015 are hereby adopted as
conditions of approval and shall be implemented as part of the Approved Plans. The project
shall also implement the arborist recommendation addendum dated April 21, 2015, prepared by
the applicant’s Consulting Arborist Deborah Ellis to address the proposed house at the adjusted
angle.
8. As condition of Public Works approval, the owner/applicant shall complete missing sections of
rolled curb and gutter per City Standard Specifications along the property frontage. The
applicant shall obtain an encroachment permit for any and all improvements in any City right-
of-way or City easement prior to commencement of the work.
9. The owner/applicant shall provide revised grading and civil drawings that account for the
proposed residence at the final minor adjusted angle prior to submittal for a building permit. All
relevant plan sheets for the submittal must be consistent in showing the proposed residence at
the final minor adjusted angle.
10. Prior to building permit issuance, the applicant shall videotape the surface of the shared
driveway that provides access from the site to Montalvo Road as well as the driveway entrance
of 14800 Montalvo Road. A copy of the recording shall be retained by the Community
Development Department. Any damage to the either driveway caused by project related
construction shall be repaired by the applicant prior to building permit final. The applicant shall
also install a sign near the driveway of 14800 Montalvo Road advising contractors to not use
the private driveway as a turnaround area.
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 City 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.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
211
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval.
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Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
Application No. ARB14-0056
Prepared by Kate Bear, City Arborist Site: 14800 Montalvo Road
Phone: (408) 868-1276 Owner: Stuart Wells
Email: kbear@saratoga.ca.us APN: 517-20-005
Email:StewartWells@fico.com
REPORT HISTORY:
Report 1
Date:
Plans received November 3, 2014
Report completed November 20, 2014
Report 2 – This report replaces report 1 Revised Plans received January 20,2015
Report completed February 5, 2015
Report 3 – This report replaces report 2 Revised plans received March 5,2015
Report completed March 23, 2015
PROJECT SCOPE:
The applicant has submitted plans to the City to demolish the existing house and build a new two
story house with a basement and attached three-car garage.
Seven trees protected by Saratoga City Code (2, 3, 4, 8, 15, 20 and 21) are requested for removal to
construct the project. They meet the criteria allowing their removal and replacement as part of the
project.
STATUS: Approved by City Arborist to proceed, with conditions.
PROJECT DATA IN BRIEF:
Tree bond – Required - $17,760
For trees 1, 5, 6, 7, 9, 11, 12, 14, 16, 17, 19, 20 and 23.
Tree fencing – Required – See Conditions of Approval and attached map.
Tree removals – Trees 2, 3, 4, 8, 15, 20 and 21 are permitted for removal and
replacement once building permits have been issued.
Replacement trees – Required = $13,800
1
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14800 Montalvo Road
FINDINGS:
Tree Removals
Whenever a tree is requested for removal as part of a project, certain findings must be made and
specific tree removal criteria met. Trees listed in the table below meet the City’s criteria allowing
them to be removed and replaced as part of the project, once building division permits have been
obtained. Tree removal criteria are listed on page 29 of the arborist report and are in Attachment 2
for reference.
Tree 18, a Colorado blue spruce which was to be removed for the project, fell down in a storm
before the project was approved.
Table 1: Summary of Tree Removal Criteria that are met
Tree No. Species Criteria met Criteria not met
2, 3 Eucalyptus, coast live
oak 4, 5, 7, 9 1, 2, 3, 6, 8
4 Incense cedar 1, 4, 5, 7, 9 2, 3, 6, 8
8 Southern magnolia 1, 4, 7, 9 2, 3, 5, 6, 8
15 Glossy privet 1, 4, 5, 6, 7, 9 2, 3, 8
20, 21 Birch, unknown tree 1, 4, 6, 7, 9 2, 3, 5, 8
Replacement Trees
The total appraised value of trees 2, 3, 4, 5, 8, 15, 20 and 21 is $13,800. New trees equal to this value
will be required as a condition of the project. Replacement trees may be planted anywhere on the
property and be of any species. Replacement values for new trees are listed below.
New Construction
Based on the information provided, this project complies with the requirements for the setback of
new construction from existing trees under Section 15-50.120 of the City Code.
Tree Preservation Plan
The submitted arborist reports prepared by Deborah Ellis once included in the final set of plans will
satisfy the requirement for a Tree Preservation Plan under Section 15-50.140 of the City Code. The
reports are dated September 25, 2014 and February 16, 2015.
ATTACHMENTS:
1 – Plans Reviewed and Tree Information
2 – Tree Removal Criteria
3 – Conditions of Approval
4 – Map Showing Tree Protection Fencing Locations
Replacement Tree Values:
15 gallon = $150 24 inch box = $500 36 inch box = $1,500
48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000
2
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14800 Montalvo Road Attachment 1
PLAN REVIEW:
Architectural Plans reviewed:
Preparer: David Britt of Britt Rowe
Date of Plans: October 1, 2014, revised February 19, 2015
Sheet A0 Title Sheet/Project Information
Sheet A1 Architectural Site Plan
Sheet A2 Basement Floor Plan
Sheet A3 First Floor Plan
Sheet A4 Second Floor Plan
Sheets A6 and A7 Exterior Elevations
Sheet A8 Sections
Civil Plans reviewed:
Preparer: Bowman and Williams
Date of Plans: October 17, 2014, revised February 19, 2015
Sheet C1.0 Grading Plan
Sheet C1.1 Sections and Profile
Sheet C2.0 Utility Plan
Sheet C3.0 Storm Water Management Plan
Sheet TP – 2 Boundary and Topographic Survey
Landscape plan reviewed:
Preparer: California Horticulture
Date of Plans: October 10, 2014, revised February 19, 2015
Sheet L.0 Landscape Plan
TREE DATA:
Preparer: Deborah Ellis, Consulting Arborist and Horticulturist
Date of Arborist Report: September 25, 2014; Addendum October 17, 2014
Report on Neighboring Trees, February 16, 2015
An arborist report was submitted for this project. It inventoried 21 trees on the property
protected by Saratoga City Code and 11 trees on the adjacent properties that might be
impacted by the proposed work. Seven trees (2, 3, 4, 8, 15, 20 and 21) are requested for
removal to construct the project. Tree 18, originally requested for removal, failed in a
winter storm. Information on the condition of trees, impacts from construction, tree
protection recommendations and monetary values of trees were provided. A map of tree
locations and a table summarizing tree conditions and suitability for preservation from the
report have been included below.
I made one visit to the property on November 18, 2014. Trees were inspected visually and
information in the arborist report and plans was reviewed.
3
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14800 Montalvo Road Attachment 1
Table 2. Summary Tree Table from 10-17-14 report by Deborah Ellis.
Trees shown in red are requested for removal. Trees in green are to be retained and
preserved. Trees in blue have not been requested for removal at this time and are assumed
to be retained and preserved.
4
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14800 Montalvo Road Attachment 1
Table 3: Information on trees growing on adjacent properties from February 16, 2015
report.
5
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14800 Montalvo Road Attachment 1
6
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14800 Montalvo Road Attachment 1
Figure 1: Map of trees from arborist report dated February 16, 2015 by Deborah Ellis.
7
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14800 Montalvo Road Attachment 2
TREE REMOVAL CRITERIA
Criteria that permit the removal of a protected tree are listed below. This information is from Article
15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If
findings are made that meet the criteria listed below, the tree(s) may be approved for removal and
replacement during construction.
(1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or
proposed structures and interference with utility services, and whether the tree is a Dead tree or a
Fallen tree.
(2) The necessity to remove the tree because of physical damage or threatened damage to improvements
or impervious surfaces on the property.
(3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the
diversion or increased flow of surface waters, particularly on steep slopes.
(4) The number, species, size and location of existing trees in the area and the effect the removal would
have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general
welfare of residents in the area.
(5) The age and number of healthy trees the property is able to support according to good forestry
practices.
(6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the
protected tree.
(7) Whether the approval of the request would be contrary to or in conflict with the general purpose and
intent of this Article.
(8) Any other information relevant to the public health, safety, or general welfare and the purposes of this
ordinance as set forth in Section 15-50.010
(9) The necessity to remove the tree for economic or other enjoyment of the property when there is no
other feasible alternative to the removal.
(10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the
requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed
and replacement trees planted in conformance with the City Arborist's recommendation.
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14800 Montalvo Road Attachment 3
CONDITIONS OF APPROVAL
1. It is the responsibility of the owner, architect and contractor to be familiar with the
information in this report and implement the required conditions.
2. The submitted arborist reports from Deborah Ellis dated September 25, 2014 and February
16, 2015 shall be copied onto a plan sheet, titled “Tree Preservation” and included in the final
job copy set of plans.
3. This arborist report shall be included in the final job copy set of plans.
4. All recommendations from the submitted arborist report shall be conditions of approval for
this project.
5. The designated Project Arborist shall be Deborah Ellis unless otherwise approved by the City
Arborist.
6. Tree Protection Security Deposit
a. Is required per City Ordinance 15-50.080.
b. Shall be $17,760 for tree(s) 1, 5, 6, 7, 9, 11, 12, 14, 16, 17, 19, 20 and 23.
c. Shall be obtained by the owner and filed with the Community Development Department
before obtaining Building Division permits.
d. May be in the form of cash, check, credit card payment or a bond.
e. Shall remain in place for the duration of construction of the project.
f. May be released once the project has been completed, inspected and approved by the City
Arborist.
7. Tree Protection Fencing:
a. Shall be installed as shown on the attached map.
b. Shall be established prior to the arrival of construction equipment or materials on site.
c. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch
diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10
feet apart.
d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR
REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408)
868-1276”.
e. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection
fencing once it has been installed. This is required prior to obtaining building division
permits.
f. Tree protection fencing shall remain undisturbed throughout the construction until final
inspection.
g. If contractor feels that work must be done inside the fenced area, call City Arborist to
arrange a field meeting.
8. The Project Arborist shall visit the site every two weeks during grading activities and
monthly thereafter.
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14800 Montalvo Road Attachment 3
9. The Project Arborist shall be on site to monitor all work within:
a. 15 feet of redwood tree 6.
b. 12 feet of oak tree 16
c. 10 feet of oaks 14 and 17
d. 10 feet of London plane tree 1
10. No protected tree authorized for removal or encroachment pursuant to this project may be
removed or encroached upon until the issuance of the applicable permit from the building
division for the approved project.
11. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for
protecting trees per City Code Article 15-50 on all construction work.
12. All construction activities shall be conducted outside tree protection fencing. These activities
include, but are not necessarily limited to, the following: demolition, grading, trenching,
equipment cleaning, stockpiling and dumping materials (including soil fill), and
equipment/vehicle operation and parking.
13. Any permitted pruning or root pruning of trees on site shall be performed under the
supervision of the Project Arborist and according to ISA standards.
14. Trees 2, 3, 4, 8, 15, 20 and 21 meet the criteria for removal and may be removed and
replaced once Building Division permits have been obtained.
15. Trees permitted for removal shall be replaced on or off site according to good forestry practices,
and shall provide equivalent value in terms of aesthetic and environmental quality, size, height,
location, appearance and other significant beneficial characteristics of the removed trees. The
value of the removed trees shall be calculated in accordance with the ISA Guide for Plant
Appraisal.
16. New trees equal to $13,800 shall be planted as part of the project before final inspection and
occupancy of the new home. New trees may be of any species.
17. Replacement values for new trees are listed below.
15 gallon = $150 24 inch box = $500 36 inch box = $1,500
48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000
18. At least two new trees shall be planted in the front yard. They shall reach a height at
maturity of 20 feet or more.
19. The rest of the replacement trees may be planted anywhere on the property as long as they do
not encroach on retained trees.
20. Landscaping under oaks:
a. Only drought tolerant plants that are compatible with oaks are permitted under the
outer half of the canopy of oak trees on site.
b. Only mulch is permitted under the inner half of the area under the canopy.
c. Water loving plants and lawns are not permitted under oak tree canopies.
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14800 Montalvo Road Attachment 3
d. Irrigation controllers, valves and lateral lines shall be installed so that they are not
under tree canopies.
e. Irrigation shall be installed so that it does not spray the trunks of trees.
21. Following completion of the work around trees, and before a final inspection of the project,
the applicant shall provide a letter to the City from the Project Arborist. That letter shall
document the work performed around trees, include photos of the work in progress, and
provide information on the condition of the trees.
22. At the end of the project, when the contractor wants to remove tree protection fencing and
have the tree protection security deposit released by the City, call City Arborist for a final
inspection.
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Attachment 4
Legend
Tree Protection Fencing
14800 Montalvo Road
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1
Justin Shiu
From:Mark Fernandes <mark@sierraventures.com>
Sent:Monday, May 04, 2015 5:41 PM
To:Erwin Ordoñez
Cc:Justin Shiu; Michael Fossati
Subject:Re: Story poles 14800 Montalvo Road
Attachments:20150504_171158.jpg; 20150504_171117.jpg
Thx Erwin.
Justin - thanks for your call. As I mentioned, we don't want to be the bothersome neighbor. The story poles have
us a little worried about how it changes the view, the light, and our privacy. I have tried to capture this with a
couple of photos but hard to get the full magnitude without visiting. The second picture (need to zoom in) is
from our family room / kitchen.
Look forward to our call tomorrow @ 1p. My work number is 650-233-6184.
Thanks,
Mark
On May 4, 2015 4:36 PM, "Erwin Ordoñez" <eordonez@saratoga.ca.us> wrote:
Mr. Fernandes,
I've copied the project planners assigned to the Design Review application. I'm out of the office this afternoon,
let's try to talk tomorrow with Justin or Michael.
-Erwin Ordonez
Community Development Director
Sent from my IPad
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Attachment 5: View of the Project from 14840 Montalvo Rd
(Supplements Attachment 4)
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1
Justin Shiu
From:David Britt <dmbritt02@hotmail.com>
Sent:Tuesday, May 05, 2015 10:42 AM
To:Justin Shiu; Steve Chikes
Subject:RE: 14800 Montalvo. Follow Up Info Request.
Hi Justin‐
Thought I would chime in on the neighbor to the south's concern. The proposed residence was designed to be
very sensitive to the adjacent properties. Views, privacy, and light have been mitigated several ways.
‐ privacy has been mitigated ‐ second floor walls facing side property lines ‐ including side to the south ‐
feature only small windows with high sills so that there are no direct site lines into side neighboring properties
from second floor.
‐ light concerns has been mitigated ‐ the second floor wall are considerably set back from the minimum side
setback lines so that new shadow lines will not fall beyond property. It should also be noted that solar
orientation was considered, and neighbor to the south will not be impacted by any sun loss by new building
because of Saratoga's location on the northern hemisphere ;‐)
‐ views from southern property will not be negatively impacted by the new residence. The existing mature
trees bordering the properties will not be removed, and the view of existing redwood tree tops, which are
considerably taller than the proposed residence will be maintained as those will not be removed either. There
are no mountain or ridgeline view to the north at that location on Montalvo Rd.
Anyways, I hope this helps. Happy to answer any questions the neighbor might have.
David
> From: jshiu@saratoga.ca.us
> To: stevechikes@sbcglobal.net
> CC: dmbritt02@hotmail.com
> Subject: RE: 14800 Montalvo. Follow Up Info Request.
> Date: Tue, 5 May 2015 16:35:07 +0000
>
> Thanks Steve,
>
> The neighbor was happy to hear that parking was thoroughly considered.
>
> We're speaking with a neighborhood to the south of the property this afternoon. He has some concerns on
how the building would change the views, light and privacy from his property. You can refer to the attached
photos. Just wanted to give a heads up.
>
> By the way, have you had a chance to fix the story poles at the entry yet? Also, I'm passing along another
reminder from the Director to show 5‐foot height increments, finished grade and finished floor. Because of
recent story pole issues in the city, we want to try to catch any issues before the site visit.
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