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HomeMy WebLinkAbout06-22-2011 Planning Commission PacketTable of Contents Agenda 2 June 8, 2011 Draft Minutes 4 APPLICATION PDR10-0025 (517-20-034) Chapman Design Associates / Kevin & Lori Timmons, 20200 Mendelsohn Lane Staff Report 6 Attachment 1 13 Attachment 2 25 Attachment 3 27 Attachment 4 34 Attachment 5 37 Attachment 6 45 APPLICATION PDR11-0011 (386-44-040) PG&E / AT&T, 20013 Cox Avenue Staff Report - 20013 Cox Avenue 47 Att. 1 - Resolution of Approval 52 Att. 2 - Resolution of Approval - 05-047 58 Att. 3 - Photo Simulations, Exhibit 'B'62 Att. 4 - Coverage Map 65 Att. 5 - RF Analysis 68 Att. 6 - Neighbor Notifications 72 Att. 7 - Public Hearing Notice, Affadavit & Mailing List 76 Att. 8 - Letter from Concerned Citizen 84 Att. 9 - Resolution of Approval - UP-00-013 85 Att. 10 - Minutes from Appeal of UP-00-013 90 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, June 22, 2011 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners – Chair Douglas Robertson, Vice-Chair Tina K. Walia, Mary-Lynne Bernald, Pragati Grover, Joyce Hlava, David Reis and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of June 8, 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 June 16, 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 PDR10-0025 (517-20-034) Chapman Design Associates / Kevin & Lori Timmons, 20200 Mendelsohn Lane - The applicant is requesting approval of a Design Review application to remodel an existing 2,726 square foot one story single-family home. The project would include a 991 square foot lower floor addition, a 1,842 square foot addition to the main floor, and 576 square foot upper floor addition to be used as a second dwelling unit. The existing guest house, garage, and shed would be removed. The proposed height would be 24 feet. The site is located in the R-1-20,000 zone district. (Christopher Riordan, AICP) 2. APPLICATION PDR11-0011 (386-44-040) PG&E / AT&T, 20013 Cox Avenue - The applicant is requesting Design Review approval to install three new Long Term Evolution (LTE) panel antennas, six new Remote Radio Units (RRU), one hidden fiber distribution unit and surge protector, and associated cellular equipment. The project also includes the installation of a RBS 6601 repeater within the AT&T equipment shelter. The new antennas and associated cellular equipment would be installed 60 feet above grade onto an existing 143 foot lattice utility tower. There is no proposed increase of height to the existing 2 tower or shelter to accommodate this project. The gross lot size is approximately 77,250 sq. ft. and is located in the R1-12,500 zoning district. (Michael Fossati) DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, July 13, 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 June 16, 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, June 08, 2011 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners – Chair Douglas Robertson, Vice-Chair Tina K. Walia, Mary-Lynne Bernald, Joyce Hlava, David Reis and Yan Zhao ABSENT Pragati Grover PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meetings of April 27, 2011 (Approved, 6:0) May 11, 2011 (Approved, 5:0:1(Hlava – abstain)) ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 2, 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 CUP11-0002 (386-10-006) Quality Project Management / Wheelworks; 18522 Prospect Road - The applicant requests Planning Commission approval to bring an existing auto service station into compliance with the City of Saratoga Zoning Code. Per City Code Section 15-55.060, conditional uses in a building over 4,000 square feet in area require Planning Commission approval. City Code Section 15-19.035(b)(2) requires a conditional use permit for gasoline service stations in the CN- RHD District provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. Per City Code Section 15-06.310, “gasoline service station" means a place where gasoline, oil, tires, small parts and accessories for the operation of motor vehicles are offered for sale to the public, and servicing incidental thereto. To perform oil change services, Wheel Works requires a Conditional Use Permit. (Cynthia McCormick, Assistant Planner, AICP) (Approved, 6:0) 4 2. APPLICATION CUP11-0003 Saratoga Chamber of Commerce; Blaney Plaza (397-22-018) & Parking District #3 (503-24-076) - The applicant requests Planning Commission approval for a public marketplace that would be open on Wednesdays from 1:30pm to 7:30pm. The market would be concurrently located in the Saratoga Village at Blaney Plaza and the parking lot behind 14411 Big Basin Way (Parking District #3). Approximately 30 vendor booths would sell food, retail items, art, and crafts. Per City Code Section 15-19.020(b), markets require Planning Commission approval. (Cynthia McCormick, Assistant Planner, AICP) (Approved, 6:0) 3. APPLICATION PDR11-0001(366-12-072) AT&T 12299 Saratoga-Sunnyvale Road, - The applicant is requesting Design Review approval for the addition of three new antennas and association telecommunication equipment to an existing monopole. The project also includes the installation of new coaxial cables on the exterior of the existing monopole. The cabling will be painted to match the existing monopole. The proposal will not increase the 40 foot height of the existing utility structure. The pole is located in the behind the Public Storage building at 12299 Saratoga-Sunnyvale Road. The property is located in the Commercial-Visitor (CV) zoning district. (Michael Fossati) (Approved, 6:0) 4. APPLICATION ZOA11-0003 (Citywide) Zoning Ordinance Amendment - Zoning Ordinance Amendment to Prohibit Medical Marijuana Dispensaries (Christopher Riordan, AICP) (Approved, 6:0) DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS The Commission commended Jana Rinaldi on the new wooden fence on Pepper Lane. ADJOURNMENT TO NEXT MEETING – ADJOURNED 10:20 PM - Wednesday, June 26, 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 June 2, 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REPORT TO THE PLANNING COMMISSION Meeting Date: June 22, 2011 Application Type / No: Design Review / PDR11-0011 Location: 20013 Cox Ave. Owner / Applicant: PG&E / Christian Hill (AT&T) Staff Planner: Michael Fossati APN: 386-44-040 Department Head: Chris Riordan, AICP 20013 Cox Avenue 47 EXECUTIVE SUMMARY CASE HISTORY Application filed: 04/28/11 Application complete: 05/23/11 Notice published: 06/08/11 Mailing completed: 06/06/11 Posting completed: 06/16/11 PROJECT DESCRIPTION The applicant is requesting Design Review approval to install three new Long Term Evolution (LTE) panel antennas, six new Remote Radio Units (RRU), one hidden fiber distribution unit and surge protector, and associated cellular equipment. The project also includes the installation of a RBS 6601 repeater within the AT&T equipment shelter. The new antennas and associated cellular equipment would be installed 60 feet above grade onto an existing 143 foot lattice utility tower. There is no proposed increase of height to the existing tower or shelter to accommodate this project. The gross lot size is approximately 77,250 sq. ft. and is located in the R1-12,500 zoning district. PERMANENT CONDITIONS No permanent conditions of approval are required. STAFF RECOMMENDATION Approve the Design Review application by adopting the attached Resolution. 48 PROJECT DATA ZONING: R1-12,500 (Single Family Residential) GENERAL PLAN DESIGNATION: M-12.5 (Medium Family Residential) MEASURE G: Not applicable. ENVIRONMENTAL DETERMINATION The proposed project, which includes installation of new cellular equipment to an existing utility tower, 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 Site Characteristics and Background The applicant is requesting Design Review approval for the installation of three cellular telecommunication antennas and associated equipment to an existing utility lattice tower. The utility tower is owned by Pacific Gas & Electric (PG&E). The utility tower is surrounded by railroad tracks to the north and east and single-family residential to the south and west. The tower currently carries antennas from multiple cellular carriers. The most recent carrier that installed cellular antennas on the utility tower was AT&T in 2005 (Attachment 2) The proposal includes the installation of three new LTE antennas. The dimensions of the new antennas are four and a half feet tall, one foot wide, and six inches deep. The new antennas are exactly the same size as the existing panel antennas. The new antennas will be attached to an existing crossbar. Six rectangular boxes, known as RRU’s, will be installed underneath the antenna crossbar, which is attached directly to the utility tower. The dimensions of the RRU’s are approximately two feet long, one foot wide, and six inches deep. New conduit and a fiber distribution unit will be installed onto the pole and underneath the tower leg to assist in controlling the antennas. All proposed antennas and associated equipment would be painted to match the existing pole. A photo-simulation has been added to the report to illustrate the new look of the additional antennas (Attachment 3). The applicant is proposing the installation of the antennas in order to upgrade the existing technology to the new standard, also known as LTE. A wireless coverage map demonstrating the existing and proposed coverage has been included in this staff report (Attachment 4). Noise-Generating Devices The cellular antennas are controlled by a small equipment room located approximately 30 feet west of the tower. The equipment room was painted brown and the surroundings are landscaped so as to blend in with the natural and residential character of the City. The landscaping seems to have been adequately maintained. A small repeater will be installed within the equipment room to assist in controlling the new antennas. The antennas would be installed 60 feet above the ground and the repeater would be installed within an enclosed equipment room. Due to the proposed equipment locations and the limited amount of equipment proposed for installation, it appears the project will not create substantial noise impacts. As conditioned, the operation of the cellular antennas must comply with City Code regarding noise. 49 Alternative Sites AT&T has multiple sites in Saratoga. AT&T has determined that 20013 Cox Avenue is an optimal site to install the proposed new antennas due to its location, its existing infrastructure, and its limited visual impact. The antennas would be installed approximately 60 feet from the ground, placing them out of visual range of most residents that use Cox Avenue. Per the Coverage Map (Attachment 4), there appears to be a reduction of in-building and in-transit cellular service for properties located north and south of Cox Avenue at Cumberland Drive. The proposed placement of the antenna would substantially increase the service for those properties, as well as numerous property owners located east and west of Cox Avenue and Cumberland Drive. FCC Requirements Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has exclusive jurisdiction over RF emissions from personal cellular antenna facilities. 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 5) which concludes that the proposed telecommunications facility would comply with the FCC’s current prevailing standard. Due to the applicants mounting locations, the antennas would not be accessible to the general public and in compliance with FCC public exposure guidelines. A condition has been added to the attached resolution that the applicant must meet all requirements established by the FCC. Correspondence and Neighbor Review The applicant sent out letters directly to property owners nearby the proposed site. The applicant received four neighbor notification responses (Attachment 6). Two responses had no concerns, one response was in favor of the project, and one response requested additional information regarding the level of radiation. Staff contacted the concerned citizen regarding the level of radiation and informed them that, per the RF report, the level of exposure is less than 1% of the allowed occupational and general public exposure limits mandated by the FCC. Staff also furnished the concerned citizen a copy of the RF analysis for their review. The citizen informed Staff he was satisfied with the information given. The public hearing notice was mailed to property owners within 500 feet of the subject property (Attachment 7). Two residents contacted City Staff. One resident was concerned about the look of the antennas on her view shed (Attachment 8). Staff informed the resident that the proposed location seems to be the least obtrusive regarding views, due to the fact that a majority of the required equipment is already in place as well as the location of the new antennas above grade. The other resident is concerned about the poor maintenance of the existing facilities (i.e. wood gate and storage area) and the existing noise created by the A/C unit which cools the cellular equipment onsite. Staff met the resident and informed him that the A/C equipment is in conjunction with Nextel/Sprint equipment and not with the AT&T proposal. Furthermore, Nextel’s approved use permit (Attachment 9) does not govern noise emissions from the A/C unit. The resident informed Staff that he appealed the approved Nextel project in 2001. Staff has included minutes from the denied appeal in 2001 (Attachment 10). Both Staff and the applicant have informed the resident that they will try to contact a Sprint representative to work on the maintenance issues. 50 STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed cellular antenna installation (Application PDR11-0011) by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval 2. Resolution of Approval – 05-047 3. Photo simulations, Exhibit “B” 4. Coverage Map 5. Radio Frequency Analysis 6. Neighbor Notifications 7. Public Hearing Notice, Affidavit and Mailing Label 8. Letter from Concerned Citizen 9. Resolution of Approval – UP-00-013 10. Minutes from Appeal of UP-00-013 11. Reduced Plans, Exhibit "A" 51 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 11-015 FOR APPROVAL OF DESIGN REVIEW Application PDR11-0011 AT&T: 20013 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 Design Review Approval for the Project shown in Exhibit "A" including a photo simulation denominated Exhibit “B” date stamped May 26, 2011, incorporated by this reference. The proposed project is the installation of three new antennas and associated equipment to an existing utility lattice tower. The overall number of antennas for AT&T would be fifteen, located on six existing crossbars, approximately 60 to 66 feet above ground. The length of the antennas would be approximately 4 ½ feet tall. The foregoing use will be described as the “Project” in this Resolution. II. Design Review Requirement City Code Section 15-12.020 (i) and 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 June 22nd, 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 and presentations 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 CEQA Guidelines (14 C.C.R. 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. Consistency with General Plan This Project is consistent with the General Plan, including but not limited to the following policies: 52 Page 2 of 6 Land Use Element Policy LU 5.2 – 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. The Project included a previously approved Resolution (05-047) for the installation of six (6) panel antennas and an equipment enclosure in October 26, 2005. The Project had been reviewed by the Planning Commission and after careful consideration of the site plan, architectural drawings, plans and other exhibits submitted by the applicant, the Project was determined compatible with the Design Review findings contained in Saratoga City Code Section 15-46.040. The installation of additional antennas will not have an adverse impact to related traffic, light, appearance and intensity of the proposed use due to their appropriate placement, similar color to the utility tower, and limited increase of bulk to the existing tower structure. VI. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-46.040 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color, and appurtenances. The proposed structure will be harmonious in appearance and design with the existing utility tower. The proposed antennas will be installed on an existing tower and located substantially above ground, outside of typical public view. The proposed antennas and accessory cabling will be constructed of the same material and painted a color to match the existing antennas and utility tower structure. This finding can be made in the affirmative. (b) Where more than one sign will be erected or displayed on the site, the sign shall have a common or compatible design theme and locational positions and shall be harmonious in appearance. There is no proposed signage for the above application. The project includes the installation of three new cellular antennas and associated equipment. The goal of the applicant is to place the antennas in an inconspicuous area, in order to continue a compatible harmonious appearance with the exiting antennas and lattice tower, while minimizing visual focus of the new antennas. The finding can be made in the affirmative. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. The City currently has a landscape maintenance agreement with the applicant. The applicant has been consistent in maintaining the existing oleander screening installed in 2005. The vegetation at the proposed location in vibrant, lush and healthy. The applicant (as required) will continue to maintain the existing landscape buffer to the satisfaction of the Community Development Director. This finding can be made in the affirmative. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. This project does not propose a wall or roofing materials. The colors of the materials of the associated equipment will match the existing utility tower, as conditioned. 53 Page 3 of 6 The colors of the existing equipment enclosure are brown and earthtone. The colors are muted and non-reflective. This finding can be made in the affirmative. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. This project does not propose a roof or roof structure. The existing equipment enclosure has a composition roof shingle, consistent with a majority of residences in the area. No mechanical equipment is proposed to be installed on the roof of the accessory equipment enclosure. All associated equipment will be placed on and be painted in a color similar to the existing tower. This finding is can be made in the affirmative. (f) The proposed development shall be compatible in terms of height, bulk, and design with other structures in the immediate area. This project meets this finding in that the proposal will not substantially add any additional mass to the existing utility tower. The height will not be increased and the installation of the proposed new antennas is virtually identical to the existing antennas. The antennas will be installed approximately 60 feet above ground, detracting visual focus from the public right-of-way. This finding can be made in the affirmative. VII. Project Approval After careful consideration of the application, site plan, architectural drawings, and other materials and exhibits and evidence submitted to the City in connection with this matter, Application No. PDR 11-0011 (Planning Commission Design Review) for the installation of a three cellular antennas and associated equipment 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. 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). 54 Page 4 of 6 4. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution and the Design Review will expire unless extended in accordance with the City Code. 5. The facility shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the facility pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. 6. Prior to issuance of any demolition, grading, or building permit to implement this Design Review approval the Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 7. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required 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 6. 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 dated May 26, 2011 denominated Exhibit "A" and the Photo Simulations dated May 26, 2011, denominated Exhibit “B. 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. 7. Harmonizing with Existing Structures. Prior to the installation of the proposed panel antennas and accessory equipment, the antennas and equipment shall be painted a color 55 Page 5 of 6 similar to the existing antennas and utility tower subject to approval of the Community Development Director. 8. 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. 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 Community Development Department Director or designee prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. B.1 above; b. This signed and dated Resolution printed onto separate construction plan pages; c. All additional drawings, plans, maps, reports, and/or materials required by the Building Division C. REQUIREMENTS OF OTHER AGENCIES OR UTILITIES 10. 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. 11. Decommission. If the subject site is decommissioned in the future, all cellular antennas and related equipment shall be removed within 30 days of cessation of operation. 12. Governmental entities. All applicable requirements of the State, County, City and other Governmental entities, including the California Public Utilities Commission, must be met. 13. Fire Agency Conditions. The Owner / Applicant shall comply with all Fire Agency Conditions. 14. Emergency Access. The owner / applicant shall provide a 24-hour phone number to which interference problems may be reported, and will resolve all interference complaints within 24 hours from the time the interference was reported. 56 Page 6 of 6 VIII. Appeal Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall be effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 22th day of June 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Douglas R. Robertson Chair, Planning Commission ATTEST: ___________________________________ Christopher A. 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 57 RESOLUTION NO. 05-047 Application No. 04-167 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA A. T. & T./Cingular Wireless Services; Cox Avenue at the railroad tracks, east of Garnett WHEREAS, the City of Saratoga Planning Commission has received an application for Use Permit approval for the installation of 6 panel antennas and 1 GPS antenna on an existing lattice tower and equipment cabinets in a 240 square-foot peaked roof enclosure located near the tower; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes the installation of panel antennas, equipment, and a 240 square-foot structure, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive and that the visual and audible impact of the facility will be less than significant. • That 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 because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size, and use proposed is conditionally permitted in this zoning district. The site already accommodates another antenna facility and the new fixtures will be painted to match the equipment and fence enclosures. 58 NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 04-167 for Use Permit approval and the same is hereby granted subject to the following conditions: 1. The enclosure shall be located and constructed as shown on Exhibit “A”, incorporated by reference. The tile roof color will be brown-based. All building materials and colors shall be subject to Planning Department approval prior to construction. 2. The proposed antennas shall be located and constructed as shown on Exhibit “A”, incorporated by reference. 3. Applicant shall provide a final landscape plan that is subject to the approval of the Planning Department. The Planning Department has requested the following: • Landscape buffering along all exposed sides of the building consisting of a single row of oleanders (15 gallon) and a 15-foot mulch buffer. • One tree, which will grow to a maximum height of approximately twenty feet. • An irrigation plan. 4. The applicant shall execute and record a Landscape Maintenance Agreement satisfactory to the City Attorney for perpetual maintenance of the landscaping prior to issuance of a building permit. The Landscape Maintenance Agreement may, in the City Attorney's sole discretion, require Applicant to agree to security by bond, cash deposit and/or otherwise, and to agree to allow the City (after reasonable notice to Applicant) to perform maintenance which has not been done as required (as determined by the Community Development Director) and to have the cost thereof constitute a lien and encumbrance upon the property, collectible in a civil action or as a special assessment for nuisance abatement at the same time and in the same manner as real property taxes. 5. If the subject site is decommissioned in the future, all antennas and related equipment shall be removed within 30 days of cessation of operation. 6. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Department for Building permits. 7. The Planning Commission shall retain continuing jurisdiction over the 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. 59 8. Applicant agrees to hold City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of City in connection with City’s defense of its actions in any proceeding brought in any State Federal Court, challenging the City’s action with respect to the applicant’s project. 9. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500 surplus balance prior to building permit issuance until final occupancy is granted. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. 60 PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 26th day of October by the following roll call vote: AYES: Cappello, Hunter, Schallop, Uhl, Rodgers, and Chair Nagpal NOES: None ABSENT: Kundtz ABSTAIN: None ________________________________ Chair, Planning Commission ATTEST: ________________________________ Secretary, Planning Commission 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 recommended time frames approved by the City Planning Commission. ________________________________________ _________________________ Property Owner or Authorized Agent Date 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 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 22nd day of June 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: PDR11-0011 / 20013 Cox Avenue APPLICANT/OWNER: Christian Hill in c/o AT&T APN: 386-44-040 DESCRIPTION: The applicant is requesting Design Review approval to install three new Long Term Evolution (LTE) panel antennas, six new Remote Radio Units (RRU), one hidden fiber distribution unit and surge protector, and associated cellular equipment. The project also includes the installation of a RBS 6601 repeater within the AT&T equipment shelter. The new antennas and associated cellular equipment would be installed 60 feet above grade onto an existing 143 foot lattice utility tower. There is no proposed increase of height to the existing tower or shelter to accommodate this project. The gross lot size is approximately 22,000 sq. ft. and is located in the R1-12,500 zoning 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, June 14th 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 76 AFFIDAVIT OF MAILING NOTICES I, Michael Fossati being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the 3rd day of June , 2011, that I deposited 72 Notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-46.020 of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: APN: 386-44-040 Address: 20013 Cox Avenue that on said day there was regular communication by United States Mail to the addresses shown above. _______________________________ Michael Fossati City of Saratoga 77 , ANDERSON MONIQUE J ET AL 12231 FREDERICKSBURG DR SARATOGA, CA 95070 ANDRESON FRANCIS E AND PATRICI 19952 GARNETT CT SARATOGA, CA 95070 BAKER THOMAS S JR AND ABBY P 20045 GLEN ARBOR CT SARATOGA, CA 95070 BARNES JOHN J ET AL 12672 KANE DR SARATOGA, CA 95070 CENTRAL FIRE PROTECTION DIST SARATOGA, CA 95070 CHAN KAI Y AND LISA M TRUSTEE 19999 COX AV SARATOGA, CA 95070 CHAN STARRY S AND SUNNY H 12675 KINMAN CT SARATOGA, CA 95070 CHEN BILL JANG-TSUNG AND SHAW 12822 CUMBERLAND DR SARATOGA, CA 95070 CHU CHI-KUANG AND CHAN-CHING 12790 GLEN ARBOR CT SARATOGA, CA 95070 CHUEH RICHARD J AND IVY L TRUS 19984 KARN CL SARATOGA, CA 95070 CHUN KATHLEEN K AND STANLEY K 12677 ORELLA CT SARATOGA, CA 95070 DOHNER CLARK V AND NANCY A TRU 12653 ORELLA CT SARATOGA, CA 95070 DUNBAR HORACE E AND ANN M 2429 CHABOT TR PALO ALTO, CA 94303 78 FASANG PATRICK P AND KAZUKO K 19915 WELLINGTON CT SARATOGA, CA 95070 GAN WEN-SEN S AND JIMMY N 19848 VERONICA DR SARATOGA, CA 95070 GIRI NEEHAR AND RADICA N 19850 VERONICA DR SARATOGA, CA 95070 GOMERSALL JOAN S TRUSTEE 19817 VERONICA DR SARATOGA, CA 95070 GOSWAMI ISHITA AND BHATTACHARY 12663 KINMAN CT SARATOGA, CA 95070 GUO LIN AND EVA 12660 KANE DR SARATOGA, CA 95070 HUMPHRIES ALISON H AND CURT E 19969 GARNETT CT SARATOGA, CA 95070 KHARE MANOJ AND REENA 12650 ORELLA CT SARATOGA, CA 95070 KIM YOUNG C AND CONNIE H 19976 GARNETT CT SARATOGA, CA 95070 KISPERSKY STEPHEN F AND MEYER- 12687 KINMAN CT SARATOGA, CA 95070 KITELEY RAYMOND C AND INEZ M 20079 GLEN ARBOR CT SARATOGA, CA 95070 KOCHHAR RAJEEV 12845 CUMBERLAND DR SARATOGA, CA 95070 KUO EDITH Y 19963 WELLINGTON CT SARATOGA, CA 95070 LIAO YIH-MING AND PANG JUO-PIN 19848 KANE CT SARATOGA, CA 95070 79 LIN DANNY T C AND JILLIAN E W 12750 GLEN ARBOR CT SARATOGA, CA 95070 LIU RICHARD AND KU JEN Y 12751 GLEN ARBOR CT SARATOGA, CA 95070 MAROLDA FRANK C AND MARY E TRU 19884 VERONICA DR SARATOGA, CA 95070 MCBRIDE ROBERT AND MARILYN TRU 20015 COX AV SARATOGA, CA 95070 MOK CHARLES AND ANNIE TRUSTEE 12778 CUMBERLAND SARATOGA, CA 95070 MONROE GEORGE A AND PHILIPPA A 19824 VERONICA DR SARATOGA, CA 95070 NGUYEN TEDDY AND CHRISTINE 12800 CUMBERLAND DR SARATOGA, CA 95070 NISHIMOTO MICHAEL AND JILL 12686 ORELLA CT SARATOGA, CA 95070 NISHIMURA JOSEPH AND ROSE TRUS 12888 CUMBERLAND DR SARATOGA, CA 95070 PACIFIC GAS AND ELECTRIC CO 245 MARKET STREET SAN FRANCISCO, CA 94105 PACIFIC GAS AND ELECTRIC CO 77 BEALE STREET B26L SAN FRANCISCO, CA 94177 PETERSON RONALD J AND SANDRA L 12771 GLEN ARBOR CT SARATOGA, CA 95070 POLLARD HOWARD E AND MARY T TR 19975 WELLINGTON CT SARATOGA, CA 95070 RAJAN GANESH AND BANERJEE SATI 19862 VERONICA DR SARATOGA, CA 95070 80 RICHES KENNETH W AND KATHERINE 19812 VERONICA DR SARATOGA, CA 95070 ROSE FRANK T AND HELEN F P O BOX 633 SARATOGA, CA 95071 ROSENQUIST RICHARD AND GERMAIN 19836 KANE CT SARATOGA, CA 95070 RUDRAKSHI CHARUDATTA M AND ANJ 12634 KANE DR SARATOGA, CA 95070 RUTTER PAUL D AND LUPE L 12646 KANE DR SARATOGA, CA 95070 SAADAT VAHID AND MOJGAN 12679 KANE DR SARATOGA, CA 95070 SAN JOSE WATER WORKS 374 W SANTA CLARA ST SAN JOSE, CA 95113 SCHAFFER DONALD R AND DOROTHY 19930 GARNETT CT SARATOGA, CA 95070 SCHILD KURT O AND HANNA TRUSTE 19829 VERONICA DR SARATOGA, CA 95070 SCHOEN LEWIS L AND BEATRICE B 20089 PIERCE RD SARATOGA, CA 95070 SIDHU INDER S AND DEEPNA 19842 SEAGULL WY SARATOGA, CA 95070 SINGER MARY K 12844 CUMBERLAND SARATOGA, CA 95070 SISLEY DANIEL W AND MARGIE E 19836 VERONICA DR SARATOGA, CA 95070 SNYDER CHARLES A 12689 ORELLA CT SARATOGA, CA 95070 81 SOMANI ANIL AND NITA 20057 GLEN ARBOR CT SARATOGA, CA 95070 SOUTHERN PACIFIC TRANSPORTATIO SARATOGA, CA 95070 SOUTHERN PACIFIC TRANSPORTATIO COX AV SARATOGA, CA 95070 SPIRAKIS GREGORY S AND KERRI J 12791 GLEN ARBOR CT SARATOGA, CA 95070 STAFFORD FREDERICK J AND LORI 19850 KANE CT SARATOGA, CA 95070 STERN JENNIFER E AND PUGH JEFF 12215 FREDERICKSBURG DR SARATOGA, CA 95070 STEVENS GEORGE W AND SUZANNE C 12662 ORELLA CT SARATOGA, CA 95070 TIEN BOU-NIN AND NORA MING TRU 12674 ORELLA CT SARATOGA, CA 95070 TIMBROOK DALE N AND EDNA M TRU 12770 GLEN ARBOR CT SARATOGA, CA 95070 TOPHAM LYLE C AND KATHIE J TRU 19800 VERONICA DR SARATOGA, CA 95070 TRAN 12658 KANE DR SARATOGA, CA 95070 TSENG HUEY-HUA D AND HSIAOHUA 12665 ORELLA CT SARATOGA, CA 95070 TSZTOO GARY R AND MAY T 12866 CUMBERLAND DR SARATOGA, CA 95070 VARR MARY P PO BOX 2786 SARATOGA, CA 95070 82 WALKER CHARLES S AND DANA D 19947 GARNETT CT SARATOGA, CA 95070 WEBER CLARENCE L AND LOIS D 12667 KANE DR SARATOGA, CA 95070 WILBURN OLIVIA TRUSTEE 19937 WELLINGTON CT SARATOGA, CA 95070 YAN JUN AND DESILVA SURAN S 20095 PIERCE RD SARATOGA, CA 95070 YAU KUI K P O BOX 391781 MOUNTAIN VIEW, CA 94039 ZECHER MARILYN P 19981 GARNETT CT SARATOGA, CA 95070 83 84 ApPROVALOFRESOLUTIONNoUPOO013CITYOFSARATOGAPLANNINGCOMMISSIONSTATEOFCALIFORNIANEXTELCOMMUNICATIONSCoxAvenueandCumberlandDriveWHEREAStheCityofSaratogaPlanningCommissionhasreceivedanapplicationforUsePermitapprovalfortheinstallationofninecellularantennasonanexistingutilitylatticetowerandangroundequipmentcabinetandWHEREASanenvironmentalInitialStudyandsubsequentNegativeDeclarationhavebeenpreparedforthisprojectpursuanttothetermsandrequirementsoftheCaliforniaEnvironmentalQualityActandWHEREASthePlanningCommissionheldadulynoticedPublicHearingatwhichtimeallinterestedpartiesweregivenafullopportUnitytobeheardandtopresentevidenceandWHEREAStheapplicanthasmettheburdenofproofrequiredtosupportsaidapplicationforUsePermitapprovalandthefollowingfindingshavebeendetertninedIThattheproposedwirelesscommunicationantennafacilityisinaccordwiththeobjectivesoftheZoningOrdinanceandthepurposeofthedisrtictinwhichitislocatedinthatitisaconditionallypermittedusethatisvisuallyunobtrusive2ThattheproposedwirelesscommunicationantennasandtheconditionsunderwhichtheywouldbeoperatedormaintainedwillnotbedetrimentaltothepublichealthsafetyorwelfarenormateriallyinjurioustopropertiesorimprovementsinthevicinityinthatanEnvironmentalInitialStudyandNegativeDeclarationwerepreparedthatfoundthatthefacilitywillbeoperatedundertheresrtictionsimposedbytheFCCtoinsuresafetywithrespecttolimitinghumanexposuretoradiofrequencyenergyandthattheaestheticimpactofthefacilitywillbelessthansignificant3ThattheproposedwirelesscommunicationantennacomplieswitheachoftheapplicableprovisionsoftheZoningOrdinanceinthatthelocationheightsizeanduseproposedisconditionallypermittedinthiszoningdistrictNOWTHEREFOREthePlanningCommissionoftheCityofSaratogadoesherebyresolveasfollows85 FileNoUPOO013jCvenueandCumberlandDriveSection1AftercarefulconsiderationofthesiteplanarchitecturaldrawingsplansandotherexhibitssubmittedinconnectionwiththismattertheapplicationofNextelforUsePermitapprovalbeandthesameisherebygrantedsubjecttothefollowingconditionsCOMMUNITYDEYELOPMENT1TheproposedantennasshallbelocatedandconstructedasshownonExhibitAincorporatedbyreference2Aminimumoftwo2warningsignsshallbepostednearthetransnuttrngantennasone1atthebaseofthepolevisibletoworkersintendingtoperformworkonthepoleandone1onthepolejustbelowtheantennasSignswillcomplywithANSIC952colorsymbolandcontentconventionsContactinformationwillalsobeprovidedwitha24hrphonenumbertoarrangeforaccesstoresrtictedareas3TheantennasshallbepaintedtomatchtheutilitytowerincolorandtextureandtheequipmentcabinetshallbepaintedadarkgreencolorapprovedbyStaff4Thesixfoothighwoodslatfenceshallbeconstructedofredwood5Within30daysofcessationoftheoperationoftheantennastheapplicantshallremoveallequipment6PriortosubmittalforBuildingorGradingpermitsthefollowingshallbesubmittedtoPlanningDivisionstaffinordertoissueaZoningClearanceaFour4setsofcompleteconstructionplansincorporatingthisResolutionasaseparateplanpagebSamplesofthepaintcolortobeusedcFive5ftchainlinktreeprotectivefencingshallbeshownonthesiteplanwithanotetoremaininplacethroughoutconstructionThefencingshallbeinspectedbystaffpriortoissuanceofaBuildingPermitdAnoteshallbeincludedonthesiteplanstatingthatnoconstructionequipmentorprivatevehiclesshallparkorbestoredwithinthedripllneofanyordinanceprotectedtreesonthesiteeArevisedlandscapeplandetailingthedesignspeciesandlocationofalllandscapingincludingstreettreesforplanningstaffapprovalTherevisedlandscapeplansshallincludeadditionalscreeningofthefenceenclosurefromneighborslocatedtothenorthofthesitePPlanningKimDPCStaffReportsNextelUPOO013doc86 FileNoUPOO013CvenueandCumberlandDrive7ThePlanningCommissionshallretaincontinuingjurisdictionovertheUsePermitandmayatanytimemodifydeleteorimposeanynewconditionsofthepermittopreservethepublichealthsafetyandwelfare8TheapplicantshallconductaPreandPostinstallationradiofrequencystudyandshallmaketheresultsavailabletothePlanningDepartmentandhomeownerswithin500feetoftheprojectsite9PriortoFinalInSpectionoftheantennastheapplicantshallsubmittoPlanningDivisionstaffaYerificationthatthelevelofradiofrequencyelectromagneticfieldsemanatingfromtheoperatingantennasdonotexceedthelevelsoutlinedintheStatementofHammettandEdisonConsultingEngineersreportdatedOctober13200010AnnualtestingoftheenusslOnsfromthefacilityshallbeconductedattheapplicantsexpenseandmadeavailabletothePlanningDivisionandneighborsforaperiodtobedeterminedbytheCommunityDevelopmentDirectorlLApplicantagreestoholdCityharmlessfromallcostsandexpensesincludingattorneysfeesincurredbytheCityorheldtobetheliabilityofCityinconnectionwithCitysdefenseofitsactionsinanyproceedingbroughtinanyStateorFederalCourtchallengingtheCitysactionwithrespecttotheapplicantsproject12NoncompliancewithanyoftheconditionsofthispermitshallconstituteaviolationofthepermitBecauseitisimpossibletoestimatedamagestheCitycouldincurduetotheviolationliquidateddamagesof250shallbepayabletothisCitypereachdayoftheviolationPPIanningKimDPCStaffReportsNextelUPO013doc87 FileNoUPOo013CvenueaudCumberlandDriveSection2Constructionmustbecommencedwithin24monthsorapprovalwillexpireSection3AllapplicablerequirementsoftheStateCountyCityandotherGovernmentalentitiesmustbemetSection4UnlessappealedpursuanttotherequirementsofArticle1590oftheSaratogaCityCodethisResolutionshallbecomeeffectivefifteen15daysfromthedateofadoptionPASSEDANDADOPTEDbytheCityofSaratogaPlanningCommissionStateofCaliforniathis25thdayofApril200lbythefollowingrollcallvoteAYESNOESABSENTairPI0ionATIESTSecretaryPlanningCommissionPPlanningKimDPCStaffReportsNextelUPOQ013doc88 FileNoUPOI013CIvenueandCumberlandDrive8ApplicantagreestoholdCityharmlessfromallcostsandexpensesincludingattorneysfeesincurredbytheCityorheldtobetheliabilityofCityinconnectionwithCitysdefenseofitsactionsinanyproceedingbroughtinanyStateorFederalCourtchallengingtheCitysactionwithrespecttotheapplicantsproject9NoncompliancewithanyoftheconditionsofthispermitshallconstituteaviolationofthepermitBecauseitisimpossibletoestimatedamagestheCitycouldincurduetotheviolationliquidateddamagesof250shallbepayabletothisCitypereachdayoftheviolationSection2Constructionmustbecommencedwithin24monthsorapprovalwillexpireSection3AllapplicablerequirementsoftheStateCountyCityandotherGovernmentalentitiesmustbemetSection4UnlessappealedpursuanttotherequirementsofArticle1590oftheSaratogaCityCodethisResolutionshallbecomeeffectivefifteen15daysfromthedateofadoptionPASSEDANDADOPTEDbytheCityofSaratogaPlanningCommissionStateofCaliforniathis25thdayofApril200lbythefollowingrollcallvoteAYESNOESABSENTATrESTSecretaryPlanningCommissionPPlanningKimDPCStaffReportsNextelUPOO013doc89 APPEALOFPLANNINGCOMMISSIONAPPROVALOFUP0001338644040COXAVENUEANDCUMBERLANDDRIVEAPPLICANTNEXTELAPPELLANTMAROLDASTAFFRECOMMENDATIONDenytheappealandupholdthePlanningCommissionsdecisionTomSullivanCommunityDevelopmentDirectorpresentedstaffreportDirectorSullivanexplainedthatonApril252001thePlanningCommissionvoted40toapprovetheproposedwirelesstelecommunicationsfacilityThisapprovalwassubjecttotheninestaffrecommendedconditionsandwiththestandardrequirementsofofferingindependentpartytestingofradiofrequencyemissionstoadjacentresidentstheannualtestingofemissionsandscreeningofthesiteasmuchaspracticalfromneighboringpropertiesDirectorSullivanexplainedthatstaffhaspreparedanEnvironmentalInitialStudyconsistentwiththeCaliforniaEnvironmentalQualityActCEQAanddetemunedthattheprojectwouldnothaveasignificanteffectontheenvironmentThereforestaffissuedtheNegativeDeclazationonDecember192000andadoptedbythePlanningCommissiononApri1252001MayorMehaffeyopenedthepublichearingat940pmFrankMazolda19884VeronicaDrivenotedthattheneighborsarestronglyagainstthisprojectMrMaroldareadaletterrepresenting450residentswhoaremembersoftheGreenbrierHomeownerandTaxpayerAssociationMrMazoldanotedthatheuseshisbackyazdtoentertainguestsandwouldnotwantthemsubjectedtothenoisethattherequiredairconditioningunitswouldmakeMrMaroldanotedthatheconsultedarealestateagentwhoindicatedthathispropertywoulddepreciate10000000ifthisprojectwereapprovedMrMazoldanotedthatNextelclaimstheadditionalantennaswouldimprovetelephoneservicesbuttheynevertookinaccounttheresidentsconcernsMrMazoldareportedthathehascontactedCongressmanHondatodiscusstheheathissuesrelatedtothesetypesofantennasMrMaroldasuggestedthatNextelerectthesetowersawayfromneighborhoodsViceMayorStreitnotedthatthereareonlyafewlocationsintheCityofSazatogatoerectthesetypesoftowersViceMayorStreitnotedthattheCityhasworkedveryhazdinkeepingmonopolesoutoftheneighborhoodsinSaratogaeventuallytheFederalgovernmentwilloverruleandtheCitywillloosecontrolAshrafRagehProjectManagerNextelexplainedthathehastriedtoworkwiththeneighborsMrRagehnotedthatNextelisusingthistowerbecauseitexistsMrRageh90 notedthatinregardstotheneighborsconcernwiththenoisehehasfoundacompanywhomanufacturesairconditioningunitsthatarequietereventhoughtheyareextremelyexpensiveNexteliswillingtopurchasetheunitAttRagehexplainedthatNextelhasauthorizedhimtooffertheneighborhoodtreestobufferoutthenoisealongCoxAvenueandaroundtheshelterInregardstoMrMazoldascommentsaboutthedepreciationofhispropertyMrRagehnotedthathealsocalledalocalappraiserandwastoldthattheantennaswouldnotreducethepropertyvalueMrRagehnotedthatNextelcustomersaredemandingthattheseadditionalantennasbeinstalledMrRagehindicatedthathehasdesignedalandscapeplantosurroundtheshelterandwillmaintainitforoneyeazNextelisalsowillingtosendaconsultantouttotesttheEMFlevelsateachhouseandcomebackafterthesiteisbuiltandshowtheneighborsthattheyazeinaccordancewithFCCguidelinesMrRagehnotedthathehasofferedten15gallontreestoMrMazoldaandadjacentneighborsViceMayorStreitaskedifhelookedatothersitesintheCityMrRagehrespondedthathedidlookatanothertowerbutunfortunatelySprinthadantennasonitalreadyandtheplacementofadditionalantennasneedtobewithinaspecificdistancefromeachotherDonJohnson19997SeaGullWaynotedthathehasbeenaresidentofSaratogafor27yearsandamemberoftheGreenbrierHomeownersandTaxAssociationMrJohnsonnotedthathesupportsthelettersentbytheHomeownersAssociationMrJohnsoncommentedthatNextelhasnointerestinpreservingthenaturalbeautyofSazatogaMrJohnsonrequestedthattheCityCouncildenytheprojectJoieHoul12660KaneDrivenotedthathedoesnotsupportthisprojectCynthiaBarryChairPlanningCommissionnotedthatthePlanningCommissionhadnojurisdictionoverhealthandsafetyissuesChairBarrynotedthattreesandscreeninghavebeenaddressedattherequestofthePlanningCommissionCouncilmemberWaltonsmithaskedifthePlanningCommissiondiscussedalternatesitesChairBarryrespondednoothersiteswerediscussedMikeGakaniPlanningCommissionquestionediftheairConditioningunitwereplacedclosertothegroundtosuppressthenoiseandthatashelterbebuiltarounditMrRagehrespondedthatthiswasnotaviablesolutionbecausetheairconditioningunitneedstobreath91 MayorMehaffeyclosedthepublichearingat1034pmMayorMehaffeystatedthattheFederalGovernmentprohibitsthemfromanydecisionsbasedonhealthissuesMayorMehaffeynotedthatthissitewasthebestplacetoputtheantennasandhewouldhavetodenytheappealCouncilmemberWaltonsmithnotedthatshedoesnotsupportthisprojectbutcannotvoteagainstitbecausefederallawprohibitsherfromdoingsoInordertomitigatethesoundofthebuildingViceMayorStreitstatedthathewouldliketheshelterredesignedsotheplacementisunderthetowerandthemaximumamountoflandscapingonthestreetsisaroundtheprojectthatMrRagehhasagreedtoViceMayorStreitaskedDirectorSullivanifhehadanyothersuggestionstocontributetoadefinitelandscapeplanDirectorSullivanaddedthatacombinationof8zslumpstoneanda2inchwoodgatebebuiltaroundNextelsequipmentWALTONSMITHSTRETTMOVEDTODENYTHEAPPEALANDUPHOLDTHEPLANNINGCOMMISSIONDECISIONMOTIONPASSED302WITHBAKERANDBOGOSIANABSENTMayorMehaffeyrequestedtheCouncilmovetoItem12ConsensusoftheCityCounciltomovetoItem1292