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Home My WebLink About02-23-2011 Planning Commission PacketTable of Contents Agenda 2 February 9, 2011 Draft Minutes 4 APPLICATION CUP10-0012 (389-12-019) Midtown Food Stores, Inc. DBA Gene's Fine Foods, 18850 Cox Avenue Staff Report - Gene's Fine Foods 6 Att. 1 - Resolution 10 Att. 2 - Neighbor Notifications 16 Att. 3 - Notice of Public Hearing 21 Att. 4 - E-mail from Captain Neusel 25 Att. 5 - Area of shelf where liquor will be displayed 27 Att. 6 - Floor Plan of Gene's Fine Foods 28 APPLICATION PDR10-0019; T-Mobile (Sutro Consulting); Vickery Avenue Right-of-Way Staff report 29 Resolution 33 Notice, Neighbor Comments 38 RF Analysis 42 coverage map 52 Arborist Report 53 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, February 23, 2011 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson, Joyce Hlava, David Reis, Linda Rodgers, Tina K. Walia and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of February 9, 2011 ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 17, 2011 REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. APPLICATION CUP10-0012 (389-12-019) Midtown Food Stores, Inc. DBA Gene's Fine Foods, 18850 Cox Avenue - Modification of a Conditional Use Permit to allow a full retail liquor section within an existing grocery market. (Michael Fossati) 2. APPLICATION PDR10-0019; T-Mobile (Sutro Consulting); Vickery Avenue Right-of-Way - The applicant is requesting Design Review approval for a wireless telecommunication antenna on an existing wood utility pole. The antennas would be placed at the top of an extension to the pole and the associated equipment would be placed on the lower half of the pole. The top of the antenna would be approximately 53 feet from the ground and would be similar in height to other utility poles in the vicinity. The facility is considered a “micro site” because the antennas and associated equipment are smaller in size than a standard wireless facility. The site is zoned R1-20,000. (Cynthia McCormick, AICP) 2 DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, March 10, 2011 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on February 17, 2011, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, February 09, 2011 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson, Joyce Hlava, David Reis, Linda Rodgers, Tina K. Walia and Yan Zhao ABSENT Commissioner Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of December 22, 2010 (Approved, 4:0:2(Reis and Robertson – abstain)) ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 3, 2011 REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. Application MOD11-0011 18870 Allendale Avenue (397-01-014) BCA Architects / Saint Archangel Michael Serbian Orthodox Church - The applicant requests Planning Commission approval for modifications to a previously approved Design Review application for a new church building for the Saint Archangel Michael Serbian Orthodox Church. The requested project changes would include the use of cream colored limestone tiles for the exterior of the building instead of cream colored travertine tiles. The limestone would originate from Montenegro and would be donated by a member of the church. The limestone tiles would be installed in a “running” pattern indicative of how bricks are placed on a wall instead of the approved “stacked” or horizontal tile orientation. Other changes would include replacing the blue tinted window glass with clear glass, replacing the red colored slate roof with brown colored slate, and minor reductions in the width of the windows on the upper dome. The site is located in the R-1-40,000 zone district. (Chris Riordan) (Approved, 6:0) 4 DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURNED 8:05 PM - Wednesday, February 23, 2011 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on February 3, 2011, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 5 REPORT TO THE PLANNING COMMISSION Application No./Location: CUP10-0012 – 18850 Cox Avenue Type of Application: Conditional Use Permit request to allow a full liquor section within an existing grocery store. Owner / Applicant: Pau / Midtown Food Stores, Inc. (DBA Gene’s Fine Foods) Staff Planner: Michael Fossati, Assistant Planner Meeting Date: February 23, 2011 APN: 389-12-019 Interim Department Head: Chris Riordan, AICP 18850 Cox Avenue 6 EXECUTIVE SUMMARY CASE HISTORY: Application filed: 12/09/10 Application complete: 01/26/11 Notice published: 02/09/11 Mailing completed: 02/07/11 Posting completed: 02/17/11 PROJECT DESCRIPTION: The applicant (Gene’s Fine Foods) is requesting a modification of their existing conditional use permit for the sale of beer and wine to allow the sale of hard liquor (retail liquor). Gene’s Fine Foods has been selling retail beer and wine for the past 30 years. The store is approximately 26,000 sq. ft in size. Approximately 23,300 sq. ft. of the floor area of the store is dedicated for groceries and non food items. The retail liquor would be located on a shelf, approximately 60 sq. ft. (12’ x 5’) in size. The shelf would be located near the front entrance of the store and within sight of the cashiers. Per the Department of Alcoholic Beverage Control (ABC) standards, any liquor purchased from the store could not be consumed on store premises. The Conditional Use Permit is required because of the intensification in the sale of alcoholic beverages. The gross lot size is 6.3 acres and is zoned CN (Commercial Neighborhood District). STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the Conditional Use Permit application with required findings and conditions by adopting the attached Resolution. Staff is not recommending any permanent conditions of approval. Page 2 of 4 7 STAFF ANALYSIS ZONING: Commercial – Neighborhood (CN) GENERAL PLAN DESIGNATION: Commercial Retail (CR) MEASURE G: Not Applicable PARCEL SIZE: 6.3 acres SLOPE: Not Applicable GRADING REQUIRED: Not Applicable ENVIRONMENTAL DETERMINATION: The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant Section 15301, “Existing Facilities”, Class 1 of Title 14, Chapter 3, Article 9 (“CEQA Guidelines”) and Section 15303, “New Construction or Conversion of Small Structures”, Class 3 of Title 14, Chapter 3, Article 9 (“CEQA Guidelines”). This exemption allows for interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances and the conversion of an existing small structure from one use to another where only minor modifications are made in the exterior of the structure. PROJECT DISCUSSION Site Characteristics and Background Gene’s Market (Gene’s) was established in 1928 by Gene Giomi. Mr. Giomi’s focus was to bring the finest quality products to the market in the Bay Area. Overtime, Mr. Giomi’s market grew to five locations throughout San Francisco. In 1950, Mr. Giomi sold his markets in San Francisco and moved to the South Bay. In 1968, Mr. Giomi decided to open Gene’s Market in the Quito Village shopping center. In 1981, Gene’s moved into a larger new building within Quito Village. In 1998, “Gene’s Quito Market” was renamed to “Gene’s Fine Foods”. Gene’s Fine Foods” has been serving Saratogans for the past 43 years. Gene’s Fine Foods is a full service grocer and deli. Along with meats, produce, breads, and groceries, the market has a large selection of beer and wine. Markets that sell beer and wine require approval from the California Department of Alcohol Beverage Control (ABC) in the form of a Type 20 license. Gene’s Market has had a Type 20 license for the past 30 years. The market has an inventory of approximately 50 types of beer and 300 types of wine. According to the applicant, Gene’s never pursued a full liquor license because of an informal agreement with Kelly’s Liquors, whom also rented space in Quito Village. After Kelly’s Liquors vacated their location, customers of Gene’s have been requesting that the market offer retail liquor. Representatives of Gene’s Fine Foods met with Staff Page 3 of 4 8 Page 4 of 4 in early December 2010 to discuss city requirements regarding the sale of retail liquor. It was determined that the sale of alcoholic beverages such as beer and wine was already permitted, but the sale of retail liquor would require a modified conditional use permit. Parking Quito Village Shopping Center currently has 357 parking spaces. Per the current City Code, Gene’s Fine Foods requires 115 parking spaces (1 space per 200 sq. ft. of retail area). Staff has determined the addition of a retail liquor sales section should not increase the existing parking requirements. Hours of Operations Gene’s Fine Foods currently has the following hours of operation. Allowing the modification of the conditional use permit will not affect the existing hours of operation: Days Hours Mon - Sat 8:00 a.m. – 9:00 p.m. Sun 9:00 a.m. – 8:00 p.m. Signage No additional signage is proposed. Neighborhood Notifications The applicant furnished Staff with five signed Neighbor Notification forms from commercial neighbors. The applicant also placed Neighbor Notification forms requesting comments in nearby residential mailboxes in early December. None of those forms were returned to the applicant. Public Noticing The notice for this Study Session was published in the Saratoga News and sent to all property owners within 500 feet of the property. Staff sent a request for comments to the Santa Clara County Sheriff Department. The Sheriff Department confirmed that they have no comments on the proposed use (Attachment 4). Staff also sent an e-mail to the El Quito Neighborhood Association regarding the Conditional Use Permit application. Staff has not received any negative comments to date. ATTACHMENTS: 1. Resolution of Approval 2. Neighbor Notification templates. 3. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 4. E-mail from Captain Neusel, Santa Clara County Sheriff’s Department 5. Images of area where retail liquor will be stored 6. Floor Plan of Gene’s Fine Foods, including retail liquor area. 9 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 11-002 Application CUP10-0012 Midtown Food Store, Inc. (DBA Gene’s Fine Foods) – 18850 Cox Avenue The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga Planning Commission has received an application for a Conditional Use Permit to modify the existing conditional use permit to sell retail liquor within an existing grocery store (Gene’s Fine Foods) at their existing location (18850 Cox Avenue). The retail liquor sales shelf would be located within a 60 sq. ft. shelf (five feet tall by twelve feet wide). The lot size is approximately 6.3 acres and is located in the Commercial- Neighborhood (CN) zoning district. The foregoing work is described as the “Project” in this Resolution. II. Use Permit Requirement City Code Sections 15-55.010 and 15-19.020(b) (3) require a Conditional Use Permit by the Planning Commission for the sale of alcoholic beverages in the CN Zone District. III. Planning Commission Review On February 23, 2011 the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument and the Planning Commission considered the Project, the staff report on the Project, correspondence from the Applicant and the public, and all testimony and evidence presented at the Public Hearing. IV. Environmental Review The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, “New Construction or Conversion of Small Structures”, Class 3 of Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). This exemption allows for the construction and location of limited numbers of new, small facilities or structures and no exception to that exemption applies. V. Use Permit Findings The findings required for issuance of a Use Permit are set forth below. The Applicant’s Project has met the burden of proof to support the Findings required for approval of a Use Permit under Article 15-55 of the City Code, as set forth below: 10 2 Application No. CUP10-0012 / 18850 Cox Avenue / Gene’s Fine Foods Finding #1: The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in that the proposed use is appropriately located within an existing grocery market in order to provide convenience for the residents of the City of Saratoga and helps to promote a stable, attractive retail environment. Finding #2: The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Gene’s Fine Foods has been a responsible vendor or beer and wine for over 30 years. As of January 2011, no current disciplinary action by the California Department of Alcoholic Beverage Control has been necessary. The proposed addition of retail alcohol sales is minor in comparison with the sale of groceries and goods the market is known for. Appropriate conditions have been placed within the resolution to minimize potential impacts and to ensure compliance with all applicable health and safety codes, such as obtaining proper licensing through the California State Department of Alcohol and Beverage Control. Finding #3: The existing establishment will comply with all applicable provisions of the Saratoga City Code in that the proposed use of controlled selling retail liquor within the existing grocery market is consistent with purpose of the Commercial-Neighborhood (CN) zoning district. Approval of this modification for a use permit allows the City to provide opportunities for the market to concentrate its efforts for the convenience of the public and in a mutually beneficial relationship to each other, as required per City Code Section 15-19.010. Finding #4: The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof in that the proposed use will fill the need of patrons that find it difficult to obtain specific goods within the nearby community. Any liquor purchased from the market must remain unopened and not to be consumed onsite. VI. Project Approval After careful consideration of the application, site plan, architectural drawings, plans and other materials and exhibits submitted to the City in connection with this matter, Application No. CUP10-0012 for a Use Permit to allow the sale of retail liquor is approved subject to the conditions set forth below. 11 3 Application No. CUP10-0012 / 18850 Cox Avenue / Gene’s Fine Foods CONDITIONS OF APPROVAL A. GENERAL 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and welfare. 2. Any intensification of this use shall require an amended Conditional Use Permit. Examples of intensification of use include, but are not limited to, increasing the hours of the use or changing the hours of the use to be earlier than 9:00 a.m. or later than 6:00 p.m., physical changes to the site or structure of the use to accommodate more employees or customers, and changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. 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 Section 16- 05-035, as applicable. 4. The Community Development Director shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. The use shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. 6. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Conditional Use Permit Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, 12 4 Application No. CUP10-0012 / 18850 Cox Avenue / Gene’s Fine Foods 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 Community Development Director. B. COMMUNITY DEVELOPMENT 7. Compliance with Plans and Description of Use. The use and development shall be operated, 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 date stamped January 26, 2011, each incorporated by this reference. 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 the requisite prior City approval. 8. Alcoholic Sales. The applicant may engage in the sale of retail liquor as part of this application which may be commenced upon receipt by the City of a copy of the required approval from the Alcoholic Beverage Control Board. 9. Business Hours. Business hours shall be limited to the time between 6:00 A.M. and 12:00 A.M., except on Friday or Saturday when such hours may be expanded to be between 6:00 A.M. and 1:00 A.M. 10. Signs. All signs in connection with the proposed use shall comply with City Code Article 15-30 and if said Article requires a permit to be obtained for any sign shown on Exhibit A, such sign permit shall be obtained prior to its installation and/or operation. Any modification to the design of the sign shall require design review as part of consideration of the sign permit for the modification by the Community 13 5 Application No. CUP10-0012 / 18850 Cox Avenue / Gene’s Fine Foods Development Director (or the Planning Commission if the sign permit is subject to Planning Commission jurisdiction). 11. Business License. Prior to issuance of Zoning Clearance for any proposed tenant improvements (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall apply for and obtain approval from the Community Development Department for a business license. 12. Conditions Requested by Other Agencies or Utilities. Applicant shall comply with all conditions regarding improvements, whether on-site or off-site requested by other Agencies or Utilities having jurisdiction, including, but not limited to the State Alcoholic Beverage Control Board. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 23rd day of February 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mary-Lynne Bernald Chair, Planning Commission ATTEST: ___________________________________ Christopher A. Riordan, AICP Secretary to the Planning Commission 14 6 Application No. CUP10-0012 / 18850 Cox Avenue / Gene’s Fine Foods ACCEPTANCE BY APPLICANT AND OWNER This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the time required in this Resolution by the City of Saratoga Planning Commission. __________________________________ ____________________________ Applicant Date _________________________________ ____________________________ Property Owner or Authorized Agent Date 15 16 17 18 19 20 21 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, the 23rd day of February 2011, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: CUP10-0012/18850 Cox Avenue APPLICANT/OWNER: Gene’s Fine Foods / Sand Hill Property APN: 389-12-019 DESCRIPTION: The applicant is requesting Conditional Use Permit approval to establish a retail liquor sales shelf within an existing grocery store (Gene’s Fine Foods). The store is 26,000 sq. ft. Approximately 23,300 sq. ft. of the floor area of the store is dedicated to sellable items. The retail liquor would be located on a shelf, approximately 60 sq. ft. (12’ x 5’) in size. The hard liquor sales shelf would be located near the front entrance of the store, in plain sight of the cashiers. Liquor purchased from the store could not be consumed on store premises. Gene’s Fine Foods as been selling retail beer and wine for the past 30 years. The Conditional Use Permit has been required because of the intensification in the sale of alcoholic beverages. The gross lot size is 6.3 acres and is zoned CN (Commercial Neighborhood District). All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, February 15, 2011. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Michael Fossati Assistant Planner (408) 868-1212 22 Parcel Number Owner Name Owner Address Owner City, State Zip 38613041 FURINO HERMAN N 12820 PASEO PRESADA SARATOGA, CA 95070 38613042 MCGOLDRICK M. KATHLEEN TRUSTEE 909 WOODCREEK RD FALLBROOK, CA 92028 38613043 FRANTZ LEON H AND BETTY L TRUS 18692 PASEO PUEBLO SARATOGA, CA 95070 38613044 TAGHIPOUR SOHRAB 18676 PASEO PUEBLO SARATOGA, CA 95070 38613045 VONDRUSKA ANNE 18660 PASEO PUEBLO SARATOGA, CA 95070 38613061 ALFARO FRANCISCO AND GUTIERREZ 18645 COX AV SARATOGA, CA 95070 38613062 LAM NEIL 18661 COX AV SARATOGA, CA 95070 38613063 JIANG QIONGZHONG 18677 COX AVE SARATOGA, CA 95070 38613064 JAMESON ROBERT C AND EILEEN D 18693 COX AV SARATOGA, CA 95070 38613065 NITSCH MICHELLE M AND KLAVUHN 12884 PASEO PRESADA SARATOGA, CA 95070 38614011 PRINCE OF PEACE EVANG LUTH CH 12770 SARATOGA AV SARATOGA, CA 95070 38614012 SARATOGA COURT INC 2000 CORPORATE RIDGE UNIT 925 MC LEAN, VA 22102 38614014 BAKER BARBARA ALICE BILLINGS T 10 DAWN HILL DR SANDY, UT 84092 38614018 PRESBYTERY OF SAN JOSE 12850 SARATOGA AV SARATOGA, CA 95070 38614026 MORRISON DAVID J TRUSTEE & ET 4100 MOORPARK AV UNIT 201 SAN JOSE, CA 95117 38614027 SANFILIPPO DELORA J W TRUSTEE 18809 COX AV SARATOGA, CA 95070 38912001 BEEBE JAMES E 13005 PASEO PRESADA SARATOGA, CA 95070 38912002 REYNOLDS GREGORY A AND ELLEN M 18747 DEVON AV SARATOGA, CA 95070 38912003 ROLAND PAUL 18761 DEVON AV SARATOGA, CA 95070 38912004 KAWAGUCHI HITOMI S 18775 DEVON AV SARATOGA, CA 95070 38912005 BILIONIS VASILIOS A 18789 DEVON AV SARATOGA, CA 95070 38912006 GUTIERREZ-CONTRERAS VICTOR M A 18803 DEVON AV SARATOGA, CA 95070 38912007 SABIC NEZIR AND HANA 18817 DEVON AV SARATOGA, CA 95070 38912008 SANCHEZ FRANK J JR AND TANTILL 18831 DEVON AV SARATOGA, CA 95070 38912009 WILLIAMSON KENNETH E AND JEANN 18845 DEVON AV SARATOGA, CA 95070 38912010 REID NEIL T 18859 DEVON AV SARATOGA, CA 95070 38912011 WANG TAK T AND ELAINE Y M S TR 1228 RUPPELL PL CUPERTINO, CA 95014 38912012 MARCOLINA JOHN R AND MARY L 18887 DEVON AV SARATOGA, CA 95070 38912013 DAHL SHERILYN A 18901 DEVON AV SARATOGA, CA 95070 38912014 SUIT THOMAS L AND BARBARA K TR 18915 DEVON AV SARATOGA, CA 95070 38912015 NGUYEN HONG T AND HOANG MARY T 18929 DEVON AV SARATOGA, CA 95070 38912016 MALAKI ALEN S 18955 MC FARLAND AV SARATOGA, CA 95070 38912017 SARATOGA OFFICE CENTER PARTNER 2901 TASMAN DR UNIT 220 SANTA CLARA, CA 95054 38912017 AMERICAN SLEEP MEDICINE 12980 SARATOGA AVE. SARATOGA, CA 95070 38912017 SARATOGA OFFICE CENTER PARTNER 2901 TASMAN DR UNIT 220 SANTA CLARA, CA 95054 38912018 STERN STEVEN E TRUSTEE & ET AL 18860 COX AV SARATOGA, CA 95070 38912019 SANDHILL PROPERTY COMPANY 489 SOUTH EL CAMINO REAL SAN MATEO, CA 94402 38912019 QUITO CLEANERS 18808 COX AVENUE SARATOGA, CA 95070 38912019 SANDHILL PROPERTY COMPANY 489 SOUTH EL CAMINO REAL SAN MATEO, CA 94402 38913001 CHAPPELL LAURA A 18724 COX AV SARATOGA, CA 95070 38913002 CANCELLIERI ROBERT AND SHIRLEY 14860 CODY AV SARATOGA, CA 95070 38913003 MARUSIC SLAVKO AND KATARINA M PO BOX 2455 SARATOGA, CA 95070 38913004 GILBAUGH KATHRYN L TRUSTEE & E P O BOX 2229 YELM, WA 98597 38913005 KUNG CHING HSIANG AND CHANG HU 891 QUINTINIA DR SUNNYVALE, CA 94086 38913006 SANBORN WILLIAM AND CYNTHIA TR 18644 COX AV SARATOGA, CA 95070 38913022 CRIBBS THOMAS E AND OPAL V TRU 18645 PASEO LADO SARATOGA, CA 95070 38913023 GRUBMAN ALEXANDER AND KSENDZOV 18661 PASEO LADO SARATOGA, CA 95070 38913024 NIVA GARY W AND ALINKA K 16090 VIEWFIELD RD LOS GATOS, CA 95030 38913025 ESPARZA FRED J JR 18693 PASEO LADO SARATOGA, CA 95070 38913026 SIMKA HARSONO S AND PAULA M 18709 PASEO LADO SARATOGA, CA 95070 38913027 ZILLMER PEGGY Y AND FRED C P O BOX 814 SARATOGA, CA 95071 38913028 ULMER VICTOR K AND BARBARA TRU 13004 PASEO PRESADA SARATOGA, CA 95070 38913029 WONG WILLIAM 13145 MONTROSE ST SARATOGA, CA 95070 38913030 LEE BRIAN 18692 PASEO LADO SARATOGA, CA 95070 38913031 Deborah McDonald and Jeff Camp 18676 Paseo Lado Saratoga, CA 95130 38913032 WYCKOFF EMMA L 18660 PASEO LADO SARATOGA, CA 95070 38913033 ELLINGBOE LORI 18644 PASEO LADO SARATOGA, CA 95070 38913051 UNADKAT DHIREN JAYSUKH AND ANA 18661 DEVON AV SARATOGA, CA 95070 38913052 PRUSA JEROME F 18677 DEVON AV SARATOGA, CA 95070 38913053 MALKIN ROBERT 18693 DEVON AV SARATOGA, CA 95070 38913054 RADIN PETER G 18709 DEVON AV SARATOGA, CA 95070 38913055 PARSA MASSOUD 18725 DEVON AV SARATOGA, CA 95070 38914001 SABELLA FRANK S TRUSTEE & ET A 18724 DEVON AV SARATOGA, CA 95070 23 38914002 FAROUGH 18708 DEVON AV SARATOGA, CA 95070 38914003 JUDITH RICHARDSON 18692 DEVON AV SARATOGA, CA 95070 38914004 CARVELHO LUCILLE TRUSTEE & ET 6339 TUCKER DR SAN JOSE, CA 95129 38914018 PEREYRA FRANK M AND MARY J 18693 MC FARLAND AV SARATOGA, CA 95070 38914019 MOLLICONE KATHY J 18709 MC FARLAND AV SARATOGA, CA 95070 38914020 TEITELMAN WARREN AND DEBORAH K 18725 MC FARLAND AV SARATOGA, CA 95070 38915001 KIM PAUL B AND CARRIE J 18900 DEVON AV SARATOGA, CA 95070 38915002 MALONE ROBERT J 18886 DEVON AV SARATOGA, CA 95070 38915003 DAVIS JOAN G TRUSTEE 14850 OKA RD UNIT 23 LOS GATOS, CA 95032 38915004 KELLER MARTIN J 18858 DEVON AV SARATOGA, CA 95070 38915005 SIDDIQUI AHMAD Z 18844 DEVON AV SARATOGA, CA 95070 38915006 DEDIEGO WILLIAM E 18830 DEVON AV SARATOGA, CA 95070 38915007 YING SONIA S HANG AND PIERRE Y 4715 MALERO PL SAN JOSE, CA 95129 38915008 MAESUMI MASUD 18802 DEVON AV SARATOGA, CA 95070 38915009 BALERO MANUEL 3 18788 DEVON AV SARATOGA, CA 95070 38915010 TANAKA DON AND KATHLEEN 18774 DEVON AV SARATOGA, CA 95070 38915011 BOHLIN BERNARD D AND SANDRA 18760 DEVON AV SARATOGA, CA 95070 38915012 CARNES CRAIG A ET AL 18746 DEVON AV SARATOGA, CA 95070 38915013 YOUNIS CHARLES T II 18747 MC FARLAND AV SARATOGA, CA 95070 38915014 MALONE ROBERT J 18761 MC FARLAND AV SARATOGA, CA 95070 38915015 ARCHER MARGARET 18775 MC FARLAND AV SARATOGA, CA 95070 38915016 KIM SAMJUNG AND CHRISTINE 18789 MC FARLAND AV SARATOGA, CA 95070 38915017 DRUMM PATRICK T AND SHEILA A 18803 MC FARLAND AV SARATOGA, CA 95070 38915018 KECK JAMES B AND BETTY A 18817 MC FARLAND AV SARATOGA, CA 95070 38915019 CAUBLE GARY L AND JENNIFER C T 18831 MC FARLAND AV SARATOGA, CA 95070 38915020 GUITERREZ PRIMITIVO AND JESSIE 18845 MC FARLAND AV SARATOGA, CA 95070 38915021 LEMEN JAMES R AND JULIE A 18859 MC FARLAND AV SARATOGA, CA 95070 38915022 AFTAB MOHD N AND SAMINA 18873 MC FARLAND AV SARATOGA, CA 95070 38915032 HESS MICHAEL 18858 MC FARLAND AV SARATOGA, CA 95070 38915033 GROSCH MICHAEL G AND CHEN I-FA 18844 MC FARLAND AV SARATOGA, CA 95070 38915034 SAITO TOSHIYUKI AND MASAKO 18830 MC FARLAND AV SARATOGA, CA 95070 38915035 PERRY JAMES F AND ELSIE J TRUS 18816 MC FARLAND AV SARATOGA, CA 95070 38915036 BUSTAMANTE MICHAEL AND KAREN T 18802 MC FARLAND AV SARATOGA, CA 95070 38915037 MAC QUIDDY STEPHEN E AND JENNI 18788 MC FARLAND AV SARATOGA, CA 95070 38915038 VAN DYKE MATTHEW C AND LISA A 18774 MC FARLAND AV SARATOGA, CA 95070 38915039 PECKHAM JOHN 18760 MCFARLAND AV SARATOGA, CA 95070 38915040 CONNORS KEVIN P AND ERICA L 18746 MC FARLAND AV SARATOGA, CA 95070 38916002 HAYTKO GEORGE J AND BARBARA HA 18950 MC FARLAND AV SARATOGA, CA 95070 38916029 CLANTON DONALD G AND E L TRUST 3309 WALTON WY SAN JOSE, CA 95117 38916030 SLOAN THOMAS J AND SANDRA L 18900 MC FARLAND AV SARATOGA, CA 95070 38916031 ADAMS TENAYA L AND SCOTT 13075 HEATH ST SARATOGA, CA 95070 Total 104 24 1 Michael Fossati From:Carl.Neusel@sheriff.sccgov.org Sent:Tuesday, February 01, 2011 3:15 PM To:Michael Fossati Subject:Re: Conditional Use Permit Application for Gene's Fine Foods (Saratoga, CA) Michael, I have no comments on the proposed application. Thanks for checking. ‐Carl Captain Carl Neusel 1652 West Valley Patrol Division Santa Clara County Sheriff's Office (408) 868‐6610 Office (408) 674‐4559 Cell "Michael Fossati" <mfossati@saratog To: <carl.neusel@sheriff.sccgov.org> a.ca.us> cc: Subject: Conditional Use Permit Application for Gene's Fine 01/28/2011 04:27 Foods (Saratoga, CA) PM Hi Captain Neusel, The City of Saratoga has received an application from Gene’s Fine Foods requesting Conditional Use Permit approval to establish a retail liquor sales shelf within an their existing grocery store (Gene’s Fine Foods). The store is 26,000 sq. ft. Approximately 23,300 sq. ft. of the floor area of the store is dedicated to sellable items. The retail liquor would be located on a shelf, approximately 60 sq. ft. (12’ x 5’) in size. The retail liquor sales shelf would be located near the front entrance of the store, in plain sight of the cashiers. Liquor (including beer and wine) purchased from the store could not be consumed on store premises. Gene’s Fine Foods as been selling retail beer and wine for the past 30 years. The Conditional Use Permit has been required because of the intensification in the sale of alcoholic beverages. The gross lot size is 6.3 acres and is zoned CN (Commercial Neighborhood District). The tentative public hearing meeting date is scheduled for February 23rd. 25 2 If you’d like to comment on the proposed application, please inform staff (in writing) no later than February 7th. If you have any questions, please feel free to contact me directly. Michael Fossati Assistant Planner City of Saratoga __________________________ 13777 Fruitvale Avenue Saratoga, CA 95070 408.868.1212 (phone) 408.867.8559 (fax) 26 Area where liquor shelf will be locatedArea where liquor shelf will be located27 28 REPORT TO THE PLANNING COMMISSION Meeting Date: February 23, 2011 Application Type / No: Design Review / PDR10-0019 Location: Vickery Avenue Right-of-Way Applicant: T-Mobile (Sutro Consulting) Staff Planner: Cynthia McCormick, AICP Department Head: Chris Riordan, AICP Vickery Avenue ROW 29 Application PDR10-0019; Vickery Avenue Right-of-Way EXECUTIVE SUMMARY CASE HISTORY Application filed: 10/14/10 Application complete: 08/30/10 Notice published: 02/08/11 Mailing completed: 02/08/11 Posting completed: 02/17/11 PROJECT DESCRIPTION The applicant is requesting Design Review approval for a wireless telecommunication antenna on an existing wood utility pole. The antennas would be placed at the top of an extension to the pole and the associated equipment would be placed on the lower half of the pole. The top of the antenna would be approximately 53 feet from the ground and would be similar in height to other utility poles in the vicinity. The facility is considered a “micro site” because the antennas and associated equipment are smaller in size than a standard wireless facility. The site is zoned R1-20,000. PERMANENT CONDITIONS No permanent conditions of approval are required. STAFF RECOMMENDATION Approve the Design Review application by adopting the attached Resolution. 30 Application PDR10-0019; Vickery Avenue Right-of-Way PROJECT DATA ZONING: R1-20,000 GENERAL PLAN DESIGNATION: RLD MEASURE G: Not applicable. ENVIRONMENTAL DETERMINATION The proposed project, which includes installation of new cellular equipment, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction and installation of small, new equipment and facilities in small structures. PROJECT DISCUSSION Project Description The applicant is requesting Design Review approval for a wireless telecommunication antenna on an existing wood utility pole. The top of the antenna would be approximately 53 feet from the ground and would be similar in height to other utility poles in the vicinity. The pole is located on Vickery Avenue, a residential street perpendicular to Saratoga-Los Gatos Toad (Highway 9). The site is zoned R1-20,000. Three antennas would be enclosed in a radome and placed at the top of a six foot extension to the pole. The increase in height is needed for coverage and a PG&E requirement for clearance from existing power lines. Four equipment cabinets would be placed on the lower half of the pole. The equipment could not be placed on the ground because it would fall outside the right-of-way onto a private property. The equipment would face away from Vickery Avenue and would be screened by existing foliage. The facility is considered a “micro site” because the antennas and associated equipment are smaller in size than a standard wireless facility. The City has received and continues to receive a number of these micro-site types of applications. A wireless coverage map of the immediate area has been provided (Attachment 4). Proposed Exterior Materials and Colors The antenna and equipment would be painted to match the color of the pole, as shown in Exhibit B. Noise-Generating Devices Associated equipment will be housed within a cabinet, reducing any noise impacts. The facility will be required to comply with City noise standards. Site Description and Surrounding Land Uses The facility is located on Vickery Avenue. It is surrounded by residential uses. 31 Application PDR10-0019; Vickery Avenue Right-of-Way Location and Alternative Sites The applicant considered two other sites in the vicinity. However, PG&E denied the two alternative sites. Correspondence and Neighbor Review The public hearing notice was mailed to property owners within 500 feet of the subject property. The applicant also distributed information to adjacent property owners. Two responses were returned to the applicant. One neighbor was concerned about environmental and health effects from the antennas. This neighbor did not leave any contact information (e.g., phone, email). The applicant mailed a copy of the RF analysis to this neighbor’s address but he had not made any further contact with the applicant or staff. The second response came from a neighbor who had concerns about TV reception interference. This neighbor was contacted by the applicant and told there would be no interference. No other correspondence has been received as of the writing of this staff report. (Attachment 2) FCC Requirements Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has exclusive jurisdiction over RF emissions from personal wireless antenna facilities. The City can evaluate and regulate only the aesthetic aspects of wireless installations. Any concerns regarding health or safety aspects of the wireless sites are not within the purview of the Planning Commission. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. The applicant has provided a Radio Frequency (RF) Analysis (Attachment #3) which concludes that the proposed telecommunications facility will comply with the FCC’s current prevailing standard for limiting human exposure to RF energy, and no significant impact on the general public is expected. A condition has been added to the attached resolution that the applicant must meet all requirements established by the FCC. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed wireless facility (Application PDR10-0019) by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval 2. Neighbor comments, public hearing notice, and mailing labels 3. Radio Frequency Analysis 4. Coverage Map 5. Arborist Report dated January 12, 2011. 6. Reduced Plans, Exhibit "A" 7. Photo simulations, Exhibit "B" 32 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. FOR APPROVAL OF DESIGN REVIEW Application # PDR 10-0019 T-Mobile (Sutro Consulting) The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga Planning Commission has received an application for Design Review (PDR) approval for the Project shown in Exhibit "A" date and Photo Simulations denominated Exhibit “B” stamped February 17, 2011 incorporated by this reference. The applicant is requesting Design Review approval for a wireless telecommunication antenna on a wood utility pole. The antennas would be placed at the top of the pole and the associated equipment would be placed at the bottom of the pole. The foregoing use will be described as the “Project” in this Resolution. II. Design Review Requirement City Code Section 15-46.020(a)(7) requires Design Review Approval for any new antenna facility operated by a public utility for transmitting and receiving cellular telephone and wireless communication. This Design Review Approval requirement implements the Saratoga General Plan, including but not limited to: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surrounding. III. Planning Commission Review On February 23, 2011 the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the staff report on the Project, CEQA documentation, correspondence, presentation from the Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental Review The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15303). Class 3 exemptions include installation of equipment and facilities, such as wireless facilities. V. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section 15- 46.040 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: 33 2 Application No. PDR 10-0019 (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color, and appurtenances. This finding can be made in the affirmative. No buildings are associated with this project. The wireless facility is similar in height and color to other utility poles in the vicinity. (b) Where more than one sign will be erected or displayed on the site, the sign shall have a common or compatible design theme and locational positions and shall be harmonious in appearance. This finding is not applicable because no signs are proposed. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. This finding can be made in the affirmative. The utility pole is currently well screened by mature trees and landscaping. The owner is responsible for the maintenance of existing landscaping. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. The cabinets will be painted to match the pole and blend with the natural landscape. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. This finding is not applicable because no roofing is proposed and no equipment will located on a roof. The proposed equipment will be placed in a cabinet on the pole. (f) The proposed development shall be compatible in terms of height, bulk, and design with other structures in the immediate area. This finding can be made in the affirmative. The wireless facility is similar in height and color to other utility poles in the vicinity. VI. Project Approval After careful consideration of the application, site plan, architectural drawings, and other materials and exhibits and evidence submitted to the City in connection with this matter, the project is approved subject to the conditions set forth below. CONDITIONS OF APPROVAL A. GENERAL 1. The Planning Commission shall retain continuing jurisdiction over the Design Review and may, at any time, modify, delete, or impose any new conditions of the permit to preserve the public health, safety, and welfare. 34 3 Application No. PDR 10-0019 2. Conditions may be modified only by the planning commission unless modification is expressly otherwise allowed by the city code including but not limited to section 16-05.035, as applicable. 3. The Community Development Director shall mail to the Owner/Applicant a notice in writing, on or after the time this Resolution of Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 4. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution and the Design Review will expire unless extended in accordance with the City Code. 5. The facility shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the facility pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. 6. Prior to issuance of any demolition, grading, or building permit to implement this Design Review approval the Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 7. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. 35 4 Application No. PDR 10-0019 In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the Community Development Director. B. COMMUNITY DEVELOPMENT 8. Compliance with Plans. The facility shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" and Photo Simulations denominated Exhibit “B” date stamped February 17, 2011, incorporated by this reference. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to the requisite prior City approval. 9. Sidewalk Clearance. The pole shall be located to maintain a minimum four feet of sidewalk clearance. 10. Noise. Applicant shall comply with City of Saratoga noise standards. 11. Safety Fencing During Construction. During all phases of construction, the Applicant shall install and maintain temporary safety fencing to restrict or prevent public access to active on-site construction activities, materials, or chemicals. 12. Governmental entities. All applicable requirements of the State, County, City and other Governmental entities must be met. 13. Federal Communications Commission (FCC) Verification. The owner and/or Applicant for this Project shall contact the FCC and verify whether there are any required permits from said Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed equipment installations (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall submit to the Community Development Department documentation from the FCC showing proof of compliance of the proposed use and/or development with the FCC's requirements. 14. Arborist Conditions. Applicant shall comply with all City Arborist Conditions, including but not limited to, Arborist Report requirements dated January 12, 2011. 15. Tree Protection Security Deposit. Owner shall obtain, and file with the Community Development Director, a Tree Protection security deposit in the amount of $3,060, prior to obtaining building division permits. The security deposit shall remain in place for the duration of construction of the project to ensure the protection of the trees. Once the project has been completed, inspected and approved by the City Arborist, the bond will be released. 16. Fire Agency. Applicant shall comply with all Fire Agency requirements. 36 5 Application No. PDR 10-0019 17. Public Works Department. Applicant shall comply with all Public Works requirements. 18. Building Department. Applicant shall comply with all building standards including any improvements necessary to comply with the building code. 19. Radio Frequency Testing. Radio Frequency levels shall be tested approximately 12 months from the date of final building permit approval. The results of this test shall be submitted to the Community Development Department and be available for review by the FCC. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 23rd day of February 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mary-Lynne Bernald Chair, Planning Commission ATTEST: ___________________________________ Chris Riordan, AICP Secretary to the Planning Commission ACCEPTANCE BY APPLICANT AND OWNER This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the time required in this Resolution by the City of Saratoga Planning Commission. __________________________________ ____________________________ Applicant Date __________________________________ ____________________________ Property Owner or Authorized Agent Date 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Page 1 of 3 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application #:ARB10-0057 Prepared by Kate Bear, City Arborist Across from 14701 Vickery Avenue Phone: (408) 868-1276 Owner: PG&E Email: kbear@saratoga.ca.us APN 517-11-075 Report History: #1 Date: January 12, 2011 INTRODUCTION T-Mobile has submitted plans to the City to install a wireless antenna on a PG&E utility pole across the street from the property at 14701 Vickery Avenue. No trees are requested for removal to install the wireless antenna on the pole. At least one, and maybe two coast live oak trees will require pruning to make room for the installation of equipment on the pole. This project has clearance to proceed from the arborist, with the conditions noted below. SITE VISIT, PLAN REVIEW AND TECHNICAL DISCUSSION Plans submitted for this project were prepared by T_Mobile, West Corporation, and dated October 1, 2010. Plan sheets reviewed for this report include Sheet T-1, Title Sheet; Sheet LS1, Sheet A-1, Site Plan and Enlarged Site Plan; Sheet A-2, Elevations; Sheet A2.1, Equipment Layout and Antenna Plan; Sheet A-3, Construction Details; Sheet A-4, Parcel Map and Aerial Image. Three trees protected by City Code, and potentially impacted by construction, were inventoried for this report. Data for each tree is included in a Tree Inventory Table at the end of this report. Locations of trees are marked on the attached copy of the Site Plan. Inventoried trees include two coast live oaks (#1 and 2), and one black oak (#3). No trees are requested or approved for removal to install the wireless antenna on the utility pole. Oaks #1 and 2 may require pruning to clear the area around the pole and allow installation of the new equipment. Trees #1 and 2 are coast live oaks in good condition. They grow within a few inches of each other and tree #1 leans out over the street. Both trees have foliage growing close to the PG&E pole where the wireless antenna will be installed, and one or both trees may require pruning to allow installation of equipment. Because both trees are young, pruning cuts will be small and it is acceptable to prune one or both trees to install the equipment. These impacts to the trees will not be significant. 53 14701 Vickery Avenue Page 2 of 3 Tree #3 is a black oak that grows on the property next to the pole (on Montalvo Road). This oak is not shown on the submitted plans, has been drawn in its approximate location on the attached map, and should be surveyed and included on the final plans. Its canopy extends within five feet of the utility pole, and is therefore potentially impacted by construction. Installation of wireless antenna equipment on the utility pole will not have a significant impact on the tree and it can be adequately protected during the project with the existing property line fence. The plans do not show any trenching or installation of concrete pads for equipment. There is a long row of oaks extending in both directions from the utility pole that will receive the wireless antenna, and if trenching or the installation of concrete pads is necessary, it could impact one or more of these trees. They were not inventoried for this report because the information provided does not indicate any impacts to them. Should any trenching or the installation of a concrete pad be necessary for the project, the City Arborist must be contacted prior to performing work in order to review impacts to trees. Per City Ordinance 15-50.080, a Tree Protection security deposit in the amount of $3,060, which is equal to 100% of the appraised value of trees #1 and 2, is required. Owner shall obtain, and file with the Community Development Director, the required security deposit prior to the receipt of building permits. The security deposit may be in the form of a savings account, a certificate of deposit account or a bond. Appraisal values are calculated using the Trunk Formula Method and according to the Guide for Plant Appraisal, 9th Edition, published by the International Society of Arboriculture (ISA), 2000, in conjunction with the Species Classification and Group Assignment published by the Western Chapter of the ISA, 2004. FINDINGS No trees are requested for removal or significantly impacted by the project. Based on a review of information provided, and as conditioned, the project complies with the requirements for the setback of new construction from existing trees under Section 15-50.120 of the City Code. One or two young oak trees may require some pruning to allow the installation of equipment on the utility pole. The applicant has indicated that the necessary pruning does not exceed 25% of the canopy of the trees, and so it does not require a permit. This is consistent with the requirements set forth in City Code Section 15-50.070(c). REQUIREMENTS 1. This entire report, including the Tree Inventory Table and map showing locations of trees and protective fencing, shall be incorporated into the final set of plans and titled “Tree Preservation”. 2. No protected tree authorized for removal, pruning or encroachment pursuant to this project may be removed, pruned or encroached upon, until the issuance of the applicable permit from the building division for the approved project. If no building permit is required for this project, applicant shall obtain a no-fee tree removal/pruning/encroachment for the project. 3. Tree protective fencing shall be installed as shown on the attached map and established prior to the arrival of construction equipment or materials on site. It shall be comprised of six-foot 54 14701 Vickery Avenue Page 3 of 3 4. Signs shall be posted on tree protection fencing. Signs shall say “TREE PROTECTION FENCE – KEEP OUT. DO NOT REMOVE WITHOUT PRIOR APPROVAL FROM CITY ARBORIST”. 5. Owner shall obtain, and file with the Community Development Director, a Tree Protection security deposit in the amount of $3,060 (for trees #1 and 2), prior to obtaining building division permits. The security deposit shall remain in place for the duration of construction of the project to ensure the protection of the trees. Once the project has been completed, inspected and approved by the City Arborist, the bond will be released. 6. Trees shall be watered as necessary to ensure good health through the warm dry months. Watering may be done with a hose or soaker hose and should occur for a long enough period of time that the soil is moistened to a depth of at least 8 inches. Intervals of watering should be at least monthly and as often as weekly, as determined by the species and maturity of tree. 7. Excavation for new utilities is not permitted for this work. If excavation is necessary to complete this project, contact City Arborist, Kate Bear, at 408 868-1276. Utilities include, but are not limited to, electrical, drainage, water, sewer, gas and irrigation for landscaping. 8. Any grading, trenching or excavation under a tree’s canopy is subject to approval by the City Arborist before performing work. If approved, it shall be done manually using shovels or an air spade for the first 18 inches. No roots measuring 2 inches or greater may be cut, but instead shall be worked around and left in place. 9. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). 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. 10. Any permitted pruning or root pruning of trees on site must be performed by a state licensed tree contractor under the supervision of an ISA Certified Arborist and according to ISA standards. 11. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited under tree canopies or anywhere on site that allows drainage to areas under tree canopies. Herbicides shall not be applied under tree canopies. Attachments: Tree Inventory Table Map showing tree locations and tree protective fencing 55 TREE INVENTORY TABLE 14701 Vickery Avenue TREE NO. TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignNot Shown on PlansOn Adjacent ProprtyAppraised Valuecoast live oak 1 Quercus agrifolia 7.1 12 80 50 Good High 2 $1,480 coast live oak 2 Quercus agrifolia 6.2 10 80 80 Good High 2 X $1,580 black oak 3 Quercus kelloggii 24 25 80 80 Good High 3 X X $40,100 Total appraised value $43,160 Should any tree listed above be removed owner will be required to replace that tree with trees equal to its appraised value. Replacement Tree Values 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 52 inch box = 7,000 72 inch box = $15,000 January 12, 2011 56 14701 Vickery Avenue Legend Tree Protective Fencing Tree Canopy 57