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
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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
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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
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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)
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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
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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
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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.
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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.
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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.
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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"
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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:
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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.
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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).
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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
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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.
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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
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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
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ApPROVALOFRESOLUTIONNoUPOO013CITYOFSARATOGAPLANNINGCOMMISSIONSTATEOFCALIFORNIANEXTELCOMMUNICATIONSCoxAvenueandCumberlandDriveWHEREAStheCityofSaratogaPlanningCommissionhasreceivedanapplicationforUsePermitapprovalfortheinstallationofninecellularantennasonanexistingutilitylatticetowerandangroundequipmentcabinetandWHEREASanenvironmentalInitialStudyandsubsequentNegativeDeclarationhavebeenpreparedforthisprojectpursuanttothetermsandrequirementsoftheCaliforniaEnvironmentalQualityActandWHEREASthePlanningCommissionheldadulynoticedPublicHearingatwhichtimeallinterestedpartiesweregivenafullopportUnitytobeheardandtopresentevidenceandWHEREAStheapplicanthasmettheburdenofproofrequiredtosupportsaidapplicationforUsePermitapprovalandthefollowingfindingshavebeendetertninedIThattheproposedwirelesscommunicationantennafacilityisinaccordwiththeobjectivesoftheZoningOrdinanceandthepurposeofthedisrtictinwhichitislocatedinthatitisaconditionallypermittedusethatisvisuallyunobtrusive2ThattheproposedwirelesscommunicationantennasandtheconditionsunderwhichtheywouldbeoperatedormaintainedwillnotbedetrimentaltothepublichealthsafetyorwelfarenormateriallyinjurioustopropertiesorimprovementsinthevicinityinthatanEnvironmentalInitialStudyandNegativeDeclarationwerepreparedthatfoundthatthefacilitywillbeoperatedundertheresrtictionsimposedbytheFCCtoinsuresafetywithrespecttolimitinghumanexposuretoradiofrequencyenergyandthattheaestheticimpactofthefacilitywillbelessthansignificant3ThattheproposedwirelesscommunicationantennacomplieswitheachoftheapplicableprovisionsoftheZoningOrdinanceinthatthelocationheightsizeanduseproposedisconditionallypermittedinthiszoningdistrictNOWTHEREFOREthePlanningCommissionoftheCityofSaratogadoesherebyresolveasfollows85
FileNoUPOO013jCvenueandCumberlandDriveSection1AftercarefulconsiderationofthesiteplanarchitecturaldrawingsplansandotherexhibitssubmittedinconnectionwiththismattertheapplicationofNextelforUsePermitapprovalbeandthesameisherebygrantedsubjecttothefollowingconditionsCOMMUNITYDEYELOPMENT1TheproposedantennasshallbelocatedandconstructedasshownonExhibitAincorporatedbyreference2Aminimumoftwo2warningsignsshallbepostednearthetransnuttrngantennasone1atthebaseofthepolevisibletoworkersintendingtoperformworkonthepoleandone1onthepolejustbelowtheantennasSignswillcomplywithANSIC952colorsymbolandcontentconventionsContactinformationwillalsobeprovidedwitha24hrphonenumbertoarrangeforaccesstoresrtictedareas3TheantennasshallbepaintedtomatchtheutilitytowerincolorandtextureandtheequipmentcabinetshallbepaintedadarkgreencolorapprovedbyStaff4Thesixfoothighwoodslatfenceshallbeconstructedofredwood5Within30daysofcessationoftheoperationoftheantennastheapplicantshallremoveallequipment6PriortosubmittalforBuildingorGradingpermitsthefollowingshallbesubmittedtoPlanningDivisionstaffinordertoissueaZoningClearanceaFour4setsofcompleteconstructionplansincorporatingthisResolutionasaseparateplanpagebSamplesofthepaintcolortobeusedcFive5ftchainlinktreeprotectivefencingshallbeshownonthesiteplanwithanotetoremaininplacethroughoutconstructionThefencingshallbeinspectedbystaffpriortoissuanceofaBuildingPermitdAnoteshallbeincludedonthesiteplanstatingthatnoconstructionequipmentorprivatevehiclesshallparkorbestoredwithinthedripllneofanyordinanceprotectedtreesonthesiteeArevisedlandscapeplandetailingthedesignspeciesandlocationofalllandscapingincludingstreettreesforplanningstaffapprovalTherevisedlandscapeplansshallincludeadditionalscreeningofthefenceenclosurefromneighborslocatedtothenorthofthesitePPlanningKimDPCStaffReportsNextelUPOO013doc86
FileNoUPOO013CvenueandCumberlandDrive7ThePlanningCommissionshallretaincontinuingjurisdictionovertheUsePermitandmayatanytimemodifydeleteorimposeanynewconditionsofthepermittopreservethepublichealthsafetyandwelfare8TheapplicantshallconductaPreandPostinstallationradiofrequencystudyandshallmaketheresultsavailabletothePlanningDepartmentandhomeownerswithin500feetoftheprojectsite9PriortoFinalInSpectionoftheantennastheapplicantshallsubmittoPlanningDivisionstaffaYerificationthatthelevelofradiofrequencyelectromagneticfieldsemanatingfromtheoperatingantennasdonotexceedthelevelsoutlinedintheStatementofHammettandEdisonConsultingEngineersreportdatedOctober13200010AnnualtestingoftheenusslOnsfromthefacilityshallbeconductedattheapplicantsexpenseandmadeavailabletothePlanningDivisionandneighborsforaperiodtobedeterminedbytheCommunityDevelopmentDirectorlLApplicantagreestoholdCityharmlessfromallcostsandexpensesincludingattorneysfeesincurredbytheCityorheldtobetheliabilityofCityinconnectionwithCitysdefenseofitsactionsinanyproceedingbroughtinanyStateorFederalCourtchallengingtheCitysactionwithrespecttotheapplicantsproject12NoncompliancewithanyoftheconditionsofthispermitshallconstituteaviolationofthepermitBecauseitisimpossibletoestimatedamagestheCitycouldincurduetotheviolationliquidateddamagesof250shallbepayabletothisCitypereachdayoftheviolationPPIanningKimDPCStaffReportsNextelUPO013doc87
FileNoUPOo013CvenueaudCumberlandDriveSection2Constructionmustbecommencedwithin24monthsorapprovalwillexpireSection3AllapplicablerequirementsoftheStateCountyCityandotherGovernmentalentitiesmustbemetSection4UnlessappealedpursuanttotherequirementsofArticle1590oftheSaratogaCityCodethisResolutionshallbecomeeffectivefifteen15daysfromthedateofadoptionPASSEDANDADOPTEDbytheCityofSaratogaPlanningCommissionStateofCaliforniathis25thdayofApril200lbythefollowingrollcallvoteAYESNOESABSENTairPI0ionATIESTSecretaryPlanningCommissionPPlanningKimDPCStaffReportsNextelUPOQ013doc88
FileNoUPOI013CIvenueandCumberlandDrive8ApplicantagreestoholdCityharmlessfromallcostsandexpensesincludingattorneysfeesincurredbytheCityorheldtobetheliabilityofCityinconnectionwithCitysdefenseofitsactionsinanyproceedingbroughtinanyStateorFederalCourtchallengingtheCitysactionwithrespecttotheapplicantsproject9NoncompliancewithanyoftheconditionsofthispermitshallconstituteaviolationofthepermitBecauseitisimpossibletoestimatedamagestheCitycouldincurduetotheviolationliquidateddamagesof250shallbepayabletothisCitypereachdayoftheviolationSection2Constructionmustbecommencedwithin24monthsorapprovalwillexpireSection3AllapplicablerequirementsoftheStateCountyCityandotherGovernmentalentitiesmustbemetSection4UnlessappealedpursuanttotherequirementsofArticle1590oftheSaratogaCityCodethisResolutionshallbecomeeffectivefifteen15daysfromthedateofadoptionPASSEDANDADOPTEDbytheCityofSaratogaPlanningCommissionStateofCaliforniathis25thdayofApril200lbythefollowingrollcallvoteAYESNOESABSENTATrESTSecretaryPlanningCommissionPPlanningKimDPCStaffReportsNextelUPOO013doc89
APPEALOFPLANNINGCOMMISSIONAPPROVALOFUP0001338644040COXAVENUEANDCUMBERLANDDRIVEAPPLICANTNEXTELAPPELLANTMAROLDASTAFFRECOMMENDATIONDenytheappealandupholdthePlanningCommissionsdecisionTomSullivanCommunityDevelopmentDirectorpresentedstaffreportDirectorSullivanexplainedthatonApril252001thePlanningCommissionvoted40toapprovetheproposedwirelesstelecommunicationsfacilityThisapprovalwassubjecttotheninestaffrecommendedconditionsandwiththestandardrequirementsofofferingindependentpartytestingofradiofrequencyemissionstoadjacentresidentstheannualtestingofemissionsandscreeningofthesiteasmuchaspracticalfromneighboringpropertiesDirectorSullivanexplainedthatstaffhaspreparedanEnvironmentalInitialStudyconsistentwiththeCaliforniaEnvironmentalQualityActCEQAanddetemunedthattheprojectwouldnothaveasignificanteffectontheenvironmentThereforestaffissuedtheNegativeDeclazationonDecember192000andadoptedbythePlanningCommissiononApri1252001MayorMehaffeyopenedthepublichearingat940pmFrankMazolda19884VeronicaDrivenotedthattheneighborsarestronglyagainstthisprojectMrMaroldareadaletterrepresenting450residentswhoaremembersoftheGreenbrierHomeownerandTaxpayerAssociationMrMazoldanotedthatheuseshisbackyazdtoentertainguestsandwouldnotwantthemsubjectedtothenoisethattherequiredairconditioningunitswouldmakeMrMaroldanotedthatheconsultedarealestateagentwhoindicatedthathispropertywoulddepreciate10000000ifthisprojectwereapprovedMrMazoldanotedthatNextelclaimstheadditionalantennaswouldimprovetelephoneservicesbuttheynevertookinaccounttheresidentsconcernsMrMazoldareportedthathehascontactedCongressmanHondatodiscusstheheathissuesrelatedtothesetypesofantennasMrMaroldasuggestedthatNextelerectthesetowersawayfromneighborhoodsViceMayorStreitnotedthatthereareonlyafewlocationsintheCityofSazatogatoerectthesetypesoftowersViceMayorStreitnotedthattheCityhasworkedveryhazdinkeepingmonopolesoutoftheneighborhoodsinSaratogaeventuallytheFederalgovernmentwilloverruleandtheCitywillloosecontrolAshrafRagehProjectManagerNextelexplainedthathehastriedtoworkwiththeneighborsMrRagehnotedthatNextelisusingthistowerbecauseitexistsMrRageh90
notedthatinregardstotheneighborsconcernwiththenoisehehasfoundacompanywhomanufacturesairconditioningunitsthatarequietereventhoughtheyareextremelyexpensiveNexteliswillingtopurchasetheunitAttRagehexplainedthatNextelhasauthorizedhimtooffertheneighborhoodtreestobufferoutthenoisealongCoxAvenueandaroundtheshelterInregardstoMrMazoldascommentsaboutthedepreciationofhispropertyMrRagehnotedthathealsocalledalocalappraiserandwastoldthattheantennaswouldnotreducethepropertyvalueMrRagehnotedthatNextelcustomersaredemandingthattheseadditionalantennasbeinstalledMrRagehindicatedthathehasdesignedalandscapeplantosurroundtheshelterandwillmaintainitforoneyeazNextelisalsowillingtosendaconsultantouttotesttheEMFlevelsateachhouseandcomebackafterthesiteisbuiltandshowtheneighborsthattheyazeinaccordancewithFCCguidelinesMrRagehnotedthathehasofferedten15gallontreestoMrMazoldaandadjacentneighborsViceMayorStreitaskedifhelookedatothersitesintheCityMrRagehrespondedthathedidlookatanothertowerbutunfortunatelySprinthadantennasonitalreadyandtheplacementofadditionalantennasneedtobewithinaspecificdistancefromeachotherDonJohnson19997SeaGullWaynotedthathehasbeenaresidentofSaratogafor27yearsandamemberoftheGreenbrierHomeownersandTaxAssociationMrJohnsonnotedthathesupportsthelettersentbytheHomeownersAssociationMrJohnsoncommentedthatNextelhasnointerestinpreservingthenaturalbeautyofSazatogaMrJohnsonrequestedthattheCityCouncildenytheprojectJoieHoul12660KaneDrivenotedthathedoesnotsupportthisprojectCynthiaBarryChairPlanningCommissionnotedthatthePlanningCommissionhadnojurisdictionoverhealthandsafetyissuesChairBarrynotedthattreesandscreeninghavebeenaddressedattherequestofthePlanningCommissionCouncilmemberWaltonsmithaskedifthePlanningCommissiondiscussedalternatesitesChairBarryrespondednoothersiteswerediscussedMikeGakaniPlanningCommissionquestionediftheairConditioningunitwereplacedclosertothegroundtosuppressthenoiseandthatashelterbebuiltarounditMrRagehrespondedthatthiswasnotaviablesolutionbecausetheairconditioningunitneedstobreath91
MayorMehaffeyclosedthepublichearingat1034pmMayorMehaffeystatedthattheFederalGovernmentprohibitsthemfromanydecisionsbasedonhealthissuesMayorMehaffeynotedthatthissitewasthebestplacetoputtheantennasandhewouldhavetodenytheappealCouncilmemberWaltonsmithnotedthatshedoesnotsupportthisprojectbutcannotvoteagainstitbecausefederallawprohibitsherfromdoingsoInordertomitigatethesoundofthebuildingViceMayorStreitstatedthathewouldliketheshelterredesignedsotheplacementisunderthetowerandthemaximumamountoflandscapingonthestreetsisaroundtheprojectthatMrRagehhasagreedtoViceMayorStreitaskedDirectorSullivanifhehadanyothersuggestionstocontributetoadefinitelandscapeplanDirectorSullivanaddedthatacombinationof8zslumpstoneanda2inchwoodgatebebuiltaroundNextelsequipmentWALTONSMITHSTRETTMOVEDTODENYTHEAPPEALANDUPHOLDTHEPLANNINGCOMMISSIONDECISIONMOTIONPASSED302WITHBAKERANDBOGOSIANABSENTMayorMehaffeyrequestedtheCouncilmovetoItem12ConsensusoftheCityCounciltomovetoItem1292