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HomeMy WebLinkAbout07-27-2011 Planning Commission PacketTable of Contents Agenda 2 July 13, 2011 Draft Minutes 4 APPLICATION PDR11-0009 (393-21-006) AT&T / RealCom, 13000 Glen Brae Drive Staff Report - 13000 Glen Brae Drive 6 Att. 1 - Resolution - PDR11-0009 10 Att. 2 - Resolution - CUP09-0013 16 Att. 3 - Photo Simulations, Exhibit "B"22 Att. 4 - Coverage Map - 13000 Glen Brae 25 Att. 5 - RF Report 28 Att. 6 - Neighbor Notifications 32 Att. 7 - Public Notice 34 APPLICATION PDR11-0008 (403-24-001) AT&T / RealCom, 13686 Quito Road Staff Report - 13686 Quito Road 37 Att. 1 - Resolution - 13686 Quito Road 41 Att. 2 - Resolution - UP-01-010 47 Att. 3 - Photo Simulations, Exhibit B 51 Att. 4 - Coverage Map - 13686 Quito Road 54 Att. 5 - RF Analysis - 13686 Quito Road 57 Att. 6 - Neighbor Notification 60 Att. 7 - Public Hearing Notices, Affadavit, and Mailing Label 62 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, July 27, 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 July 13, 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 July 21, 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 PDR11-0008 (403-24-001) AT&T / RealCom, 13686 Quito Road - 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 65 feet above grade onto an existing 115 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 1.5 acres and is located in the R1-10,000 zoning district. (Michael Fossati) 2. APPLICATION PDR11-0009 (393-21-006) AT&T / RealCom, 13000 Glen Brae Drive - 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 133 foot lattice utility tower. There is no proposed increase of height to the existing 2 tower or shelter to accommodate this project. The utility structure is located on the south of Congress Springs Park and the Railroad Tracks. The gross lot size is approximately 77,000 sq. ft. and is located in the R1-12,500 zoning district. (Michael Fossati) DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, August 24, 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 July 21, 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, July 13, 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 ABSENT Commissioner Grover PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of June 22, 2011 (Approved 6:0) 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 July 7, 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 PDR11-0004 (T-Mobile); 19700 Allendale Avenue (397-30-053) - The applicant is requesting Design Review approval for a wireless telecommunication facility. T-Mobile is proposing two options: Option A is a new 87 foot tall mono-pole installation with three (3) antennas in a flush mount configuration. Option B is a new 92 foot tall mono-pine stealth installation (designed to camouflage the pole by resembling a tree with branches) with six (6) antennas. The applicant is also proposing a ten (10) foot whip antenna at the top of the pole for a total height of 97 feet. The equipment would be located in a 360 square foot enclosure at the base of the pole that would be screened by a slatted fence. The maximum radio-frequency exposure level was calculated at .026% of the public exposure limit set by the Federal Communications Commission. The installation could be a co-location for additional antennas and equipment that would require a separate design review application. (Cynthia McCormick, AICP) (Denied, 1:5(Robertson, Walia, Bernald, Reis, Zhao)) 4 DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURNED 10:22 PM - Wednesday, July 27, 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 July 7, 2011, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 5 REPORT TO THE PLANNING COMMISSION Meeting Date: July 27, 2011 Application Type / No: Design Review / PDR11-0009 Location: 13000 Glen Brae Dr. Owner / Applicant: PG&E / Christian Hill (AT&T) Staff Planner: Michael Fossati APN: 393-21-006 Department Head: Chris Riordan, AICP 13000 Glen Brae Dr. 6 EXECUTIVE SUMMARY CASE HISTORY Application filed: 04/25/11 Application complete: 06/06/11 Notice published: 07/12/11 Mailing completed: 07/05/11 Posting completed: 07/21/11 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 133 foot lattice utility tower. There is no proposed increase of height to the existing tower or shelter to accommodate this project. The utility structure is located on the south of Congress Springs Park and the Railroad Tracks. The gross lot size is approximately 77,000 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. 7 PROJECT DATA ZONING: R-1-12,500 GENERAL PLAN DESIGNATION: Medium Density Residential: M-12.5 MEASURE G: Not applicable. PARCEL SIZE: ~77,000 sq. ft. AVERAGE SITE SLOPE: <1% GRADING REQUIRED: None ENVIRONMENTAL DETERMINATION The proposed project, which includes installation and replacement of new cellular equipment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. PROJECT DISCUSSION Site Characteristics and Background The applicant is requesting Design Review Approval to install three (3) new panel antennas to an existing Pacific Gas & Electric (PG&E) lattice tower. The height of the tower is approximately 135 feet. There is no proposal to increase the height of the exiting tower. Adjacent uses include Congress Springs Park & Highway 85 to the north and west and single-family residential to the south and east. Currently installed on the tower are antennas from multiple cellular carriers. The most recent carrier to install cellular antennas on the utility tower was Verizon in 2009 (Attachment 2). The proposal includes the installation of three new LTE antennas. LTE technology claims to increase data speeds for existing and new cellular customers with smartphones, computers, and tablets. The dimensions of the new antennas are four and a half feet tall, one foot wide, and six inches deep. The proposed antennas are exactly the same size as the existing panel antennas located on the tower. The new antennas would be attached to a new H-frame crossbar, which is attached to the tower. Six rectangular boxes, known as RRU’s, would be installed underneath the H-frame crossbar. The RRU’s are used to remotely change the tilt of the new antennas. Similar to satellite antennas, the placement and angle of cellular antennas can be manipulated to increase or decrease signal strength. In the past, utility workers were required to either scale the tower or used a construction boom to access those antennas. The project also includes the proposed installation of one new GPS antenna to the roof of the existing equipment shed and associated cellular equipment, such as conduit and cabling. A photo-simulation has been added to the report to illustrate the new look of the additional antennas and associated equipment (Attachment 3). The applicant is proposing the installation of the new 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 No noise-generating devices would be required for the project. The existing equipment room is currently equipped to supply the required power for the proposed antenna installation. 8 Proposed Exterior Materials and Colors The proposed antennas and associated equipment would be painted with to match the existing tower. The new cabling would be hidden behind a leg of the existing tower. Alternative Sites AT&T has multiple sites in Saratoga. AT&T has determined that 13000 Glen Brae Drive is an optimal site to install the proposed antennas due to its location, its existing infrastructure, and its limited visual impact, in comparison to a singular monopole. Per the Coverage Map, there appears to be a significant reduction of in-building and in-transit service along Highway 85 and residential properties on the north and south side of Congress Springs Park. The proposed placement of the antennas would substantially increase data and network speed for commuters and customers who reside in those properties discussed above. FCC Requirements Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has exclusive jurisdiction over RF emissions from personal wireless antenna facilities. Pursuant to its authority under Federal law, the FCC has established rules to regulate the safety of emissions from these facilities. Any interference to the established rules regulating safety of emissions would be against Federal law and in violation of AT&T’s FCC License. A condition has been added to the attached resolution that the applicant must meet all requirements established by the FCC. 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. Correspondence and Neighbor Review The applicant mailed (by certified mail) neighborhood notification forms to nearby property owners. The applicant received two responses back (Attachment 6). One response had no concerns with the proposal while the second response had issue due to “health concerns with radio wave transmission from the tower”. Staff tried to contact the concerned citizen but never received a return response. A public hearing notice was mailed to 45 property owners within 500 feet of the subject property. Staff has received no comments to date on this project. Please refer to the complete list of neighbors who were contacted via the public noticing (Attachment 7). STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed wireless facility (Application PDR11-0009) by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval 2. Resolution of Approval – CUP09-0013 3. Photo simulations, Exhibit “B” 4. Coverage Map 5. Radio Frequency Analysis 6. Neighbor Notifications 7. Public Hearing Notice, Affidavit and Mailing Label 8. Reduced Plans, Exhibit "A" 9 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 11-017 FOR APPROVAL OF DESIGN REVIEW Application # PDR 11-0009 AT&T (RealCom) / 13000 Glen Brae Dr 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 July 5, 2011, incorporated by this reference. The proposed project is the installation of three new antennas and associated equipment on an existing utility tower. The overall number for AT&T would be nine antennas and six Radio Remote Units. The length of the antennas would be approximately 4 ½ feet tall. The length of the Radio Remote Units would be approximately 1 ¼ feet tall. The foregoing 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 July 27, 2011, the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the staff report on the Project, CEQA documentation, correspondence, presentation from the Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental Review The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15301), “Existing Facilities”. This exemption allows for minor modifications involving negligible expansion of use and no exception to that exemption applies. V. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section 15- 46.040 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: 10 2 Application No. PDR 11-0009; 13000 Glen Brae Dr. (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. The project does not include any additional signage for the proposed project. The project includes antennas, Radio Remote Head (RRH) units, and accessory cellular equipment to be installed to an existing utility tower. 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 applicant (AT&T) currently has a master landscape maintenance agreement with the property owner (PG&E). The applicant has been consistent in maintaining the existing screening vegetation along Glen Brae Drive. 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 PG&E and the City of Saratoga. 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 existing equipment shelter is out of sight from the public right-of-way and will not be impacted due to the proposed project. The colors of the materials of the antennas, Radio Remote Units, and associated equipment will match the existing utility tower, as conditioned. 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. All associated equipment will be placed on within a existing equipment shed or on an existing tower and be painted in a color to match. This finding 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 11 3 Application No. PDR 11-0009; 13000 Glen Brae Dr. antennas that will be removed. The design is less obtrusive than a new monopole structure and significantly unnoticeable from the public right-of-way. This finding can be made in the affirmative. VI. Project Approval After careful consideration of the application, site plan, architectural drawings, and other materials and exhibits and evidence submitted to the City in connection with this matter, Application No. PDR11-0009 (Planning Commission Design Review) for the installation of a wireless antenna facility and Radio Remote Head Units 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). 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 12 4 Application No. PDR 11-0009; 13000 Glen Brae Dr. 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 8. Compliance with Plans. The facility shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" and Photo Simulations denominated Exhibit “B”, date stamped July 5, 2011, incorporated by this reference. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to the requisite prior City approval. 9. Harmonizing with Existing Structures. Prior to the installation of the proposed panel antennas and accessory equipment, the equipment shall be painted a color similar to the existing utility tower and subject to approval of the Community Development Director. 10. 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. 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 5 Application No. PDR 11-0009; 13000 Glen Brae Dr. 13. Federal Communications Commission (FCC) Verification. The owner and/or Applicant for this Project shall contact the FCC and verify whether there are any required permits from said Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed equipment installations (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall submit to the Community Development Department documentation from the FCC showing proof of compliance of the proposed use and/or development with the FCC's requirements. 14. Fire Agency Conditions. The Owner / Applicant shall comply with all Fire Agency Conditions. 15. Building Department. The Owner / Applicant shall comply with all building standards including any improvements necessary to comply with the building code. 16. Emergency Access. The owner / applicant shall provide a 24-hour phone number to which interference problems may be reported, and will resolve all interference complaints within 24 hours from the time the interference was reported. 14 6 Application No. PDR 11-0009; 13000 Glen Brae Dr. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 27th day of July 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 15 Page 1 of 6 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. __–___ FOR APPROVAL OF USE PERMIT. Application CUP09-0013 Verizon Wireless: Glen Brae Dr. at Chardonnay Ct. The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga Planning Commission has received an application for a Conditional Use Permit for the Project shown in Exhibit "A" including a Photo Simulation Board denominated Exhibit “B” date stamped respectively July 31, 2009, each incorporated by this reference. The approval of the following Conditional Use Permit will supersede the existing Conditional Use Permit (UP-99-020) currently in affect. This Project includes the installation of three (3) panel antennas and three (3) conduit runs onto an existing utility lattice tower. The maximum height of the existing lattice tower will not increase or exceed 136 feet. The net lot size is approximately 77,000 square-feet and the site is zoned R-1-12,500. The foregoing work is described as the “Project” in this Resolution. II. Use Permit Requirement City Code Sections 15-55.010 and 15-12.030 (l) requires Conditional Use Permit Approval for antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. This Conditional Use Permit Approval requirement implements the Saratoga General Plan, including, but not limited to: 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. III. Planning Commission Review On August 12, 2009, 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. 16 Page 2 of 6 V. Consistency with General Plan This Project is consistent with the General Plan, including but not limited to the following policies: 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 (UP-99-020) for the installation of six (6) panel antennas in December 1999. 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 conditional use permit findings contained in Saratoga City Code Section 15-55.070. The additional installation of antennas will not have an adverse impact to related traffic, light, appearance and intensity of the proposed use. VI. Use Permit Findings The findings required for issuance of a Use Permit are set forth below. The Applicant’s Project CUP09-0012 has met the burden of proof to support the Findings required for approval of a Use Permit under Article 15-55 of the City Code, as set forth below: (a) 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. This finding may be made in the affirmative in that the proposed location of the conditional use is in accord with the objections 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 not visually obstructive and that the visual and audible impact of the facility will be less than significant. (b) 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. This finding may be made in the affirmative in that the proposed location of the conditional use and the conditions under which it would 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 ensure safety with respect to limiting human exposure to radio frequency energy. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. This finding may be made in the affirmative in that the proposed conditional use will comply with each of the applicable provisions of Zoning Regulations chapter in that the location, height, size, A-weighted decibels (dBA), and use proposed is conditionally permitted within the respective zoning district. The site already accommodates several other antenna facilities and the new fixtures will be painted to match the existing equipment. 17 Page 3 of 6 (d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding may be made in the affirmative in that the Project site has been used as a utility tower and the proposed equipment will be properly installed and aesthetically consistent with the existing equipment and tower. The proposed use is located substantially high off the ground and out of site by most residents or guests of the City of Saratoga. VII. Project Approval After careful consideration of the application, site plan, architectural drawings, plans, CEQA documentation, and other materials, exhibits and evidence submitted to the City in connection with this matter, Application No. CUP09-0013 for a Conditional Use Permit, is approved subject to the conditions set forth below. CONDITIONS OF APPROVAL A. GENERAL 1. ALL CONDITIONS BELOW WHICH ARE IDENTIFIED AS PERMANENT OR FOR WHICH AN ALTERNATIVE PERIOD OF TIME FOR APPLICABILITY IS SPECIFIED SHALL RUN WITH THE LAND AND APPLY TO THE LANDOWNER’S SUCCESSORS IN INTEREST FOR SUCH TIME PERIOD. NO ZONING CLEARANCE, DEMOLITION, GRADING, OR BUILDING PERMIT FOR THIS PROJECT SHALL BE ISSUED UNTIL PROOF IS FILED WITH THE CITY THAT A CERTIFICATE OF APPROVAL DOCUMENTING ALL APPLICABLE PERMANENT OR OTHER TERM-SPECIFIED CONDITIONS HAS BEEN RECORDED BY THE APPLICANT WITH THE SANTA CLARA COUNTY RECORDER’S OFFICE IN FORM AND CONTENT ACCEPTABLE TO THE COMMUNITY DEVELOPMENT DIRECTOR. 2. IF A CONDITION IS NOT “PERMANENT” OR DOES NOT HAVE A TERM SPECIFIED, IT SHALL REMAIN IN EFFECT UNTIL THE ISSUANCE BY THE CITY OF SARATOGA OF A CERTIFICATE OF OCCUPANCY OR ITS EQUIVALENT. 3. CONDITIONS MAY BE MODIFIED ONLY BY THE PLANNING COMMISSION UNLESS MODIFICATION IS EXPRESSLY OTHERWISE ALLOWED BY THE CITY CODE INCLUDING BUT NOT LIMITED TO SECTIONS 15-80.120 AND/OR 16-05.035, AS APPLICABLE. 4. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit(s) and may, at any time, modify, delete, or impose, any new conditions of such Permit(s) to preserve the public health, safety, and welfare. 5. Any intensification of this use shall require an amended Conditional Use Permit. Examples of intensification of use include, but are not limited to, increasing the hours of the use or changing the hours of the use to be earlier than 9:00 a.m. or later than 6:00 p.m., physical changes to the site or structure of the use to accommodate more employees or customers, and 18 Page 4 of 6 changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. 6. The Community Development Director shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). THIS APPROVAL 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 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). 7. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution and Use Permit Approval will expire unless extended in accordance with the City Code. 6. The Project (including the use involved) shall at all times be developed and operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the development and/or use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall also maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the development and/or use including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 7. Prior to issuance of any building permit to implement the Use Permit Approval, the Applicant shall obtain a “Zoning Clearance” from the Community Development Director or the Director’s designee by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 8. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Conditional Use Permit Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, 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 19 Page 5 of 6 required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the Community Development Director. B. COMMUNITY DEVELOPMENT 8. Compliance with Plans 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 July 31, 2009 denominated Exhibit "A" and the Photo Simulations dated July 31, 2009, 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. 9. Harmonizing with Existing Structures. Prior to the installation of the proposed panel antennas and accessory equipment, the antennas and equipment shall be painted a color similar to the existing antennas and utility tower subject to approval of the Community Development Director. 10. 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. 11. Emergency Generator. The emergency generator will be tested once a week on Tuesday between 10:00am and 10:30am or as required by the Bay Area Air Quality District. 12. 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 13. Federal Communications Commission (FCC) Verification. The owner and/or Applicant for this Project shall contact the FCC and verify whether there are any required permits from said Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed equipment installations (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall submit to the Community Development Department documentation from the FCC showing proof of compliance of the proposed use and/or development with the FCC's requirements. 20 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 12th day of August 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Yan Zhou Chair, Planning Commission ATTEST: ___________________________________ John F. Livingstone, 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 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 REPORT TO THE PLANNING COMMISSION Meeting Date: July 27, 2011 Application Type / No: Design Review / PDR11-0008 Location: 13686 Quito Road Owner / Applicant: PG&E / Christian Hill (AT&T) Staff Planner: Michael Fossati APN: 403-24-001 Department Head: Chris Riordan, AICP 13686 Quito Road 37 EXECUTIVE SUMMARY CASE HISTORY Application filed: 04/25/11 Application complete: 06/06/11 Notice published: 07/12/11 Mailing completed: 07/05/11 Posting completed: 07/21/11 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 65 feet above grade onto an existing 115 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 1.5 acres and is located in the R1-10,000 zoning district. PERMANENT CONDITIONS No permanent conditions of approval are required. STAFF RECOMMENDATION Approve the Design Review application by adopting the attached Resolution. 38 PROJECT DATA ZONING: R-1-10,000 GENERAL PLAN DESIGNATION: Medium Density Residential: M-10 MEASURE G: Not applicable. PARCEL SIZE: 1.38 acres AVERAGE SITE SLOPE: <3% GRADING REQUIRED: None ENVIRONMENTAL DETERMINATION The proposed project, which includes installation and replacement of new cellular equipment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. PROJECT DISCUSSION Site Characteristics and Background The applicant is requesting Design Review Approval to install three (3) new panel antennas to an existing Pacific Gas & Electric (PG&E) lattice tower. The antennas would be installed approximately 65 feet above grade. The height of the existing tower would remain at approximately 115 feet. Adjacent uses include Highway 85 to the north and west and single-family residential to the south and east. Currently installed on the tower are antennas from multiple cellular carriers. The most recent carrier to install cellular antennas on the utility tower was Metro PCS in 2001 (Attachment 2). The proposal includes the installation of three new LTE antennas. LTE technology claims to increase data speeds for existing cellular customers with smartphones, computers, and tablets. The dimensions of the proposed 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 located on the tower. The proposed antennas would be attached to a new H-frame crossbar, which would be attached to the tower. Six rectangular boxes, known as RRU’s, would be installed underneath the H-frame crossbar. The RRU’s are used to remotely change the tilt of the new antennas. Similar to satellite antennas, the placement and angle of cellular antennas can be manipulated to increase or decrease signal strength. In the past, utility workers were required to either scale the tower or use a construction boom to access those antennas. The project also includes the proposed installation of one new GPS antenna to the roof of the existing equipment shed and associated cellular equipment, such as conduit and cabling. A photo-simulation has been added to the report to illustrate the new look of the additional antennas and associated equipment (Attachment 3). The applicant is proposing the installation of the new 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 No noise-generating devices will be required for the project. The existing equipment shelter is currently 39 equipped to supply the required power for the proposed antenna installation. Proposed Exterior Materials and Colors The proposed antennas and associated equipment would be painted to match the existing tower. The new cabling will be hidden behind a leg of the existing tower. Alternative Sites AT&T has multiple sites in Saratoga. AT&T has determined that 13686 Quito Road is an optimal site to install the proposed antennas due to its location, its existing infrastructure, and its limited visual impact from the street, in comparison to a singular monopole. The antennas would be installed approximately 65 feet from the ground, placing them out of normal visual range of most pedestrians and property owners of nearby residences. Per the Coverage Map, there appears to be a significant reduction of data and network services along the Campbell / Saratoga border at Highway 85. The proposed placement of the antennas would substantially increase data and network speed for commuters and customers who reside in those properties discussed above. FCC Requirements Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has exclusive jurisdiction over RF emissions from personal wireless antenna facilities. Pursuant to its authority under Federal law, the FCC has established rules to regulate the safety of emissions from these facilities. Any interference to the established rules regulating safety of emissions would be against Federal law and in violation of AT&T’s FCC License. A condition has been added to the attached resolution that the applicant must meet all requirements established by the FCC. 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. Correspondence and Neighbor Review The applicant mailed (by certified mail) neighborhood notification forms to nearby property owners. Only one neighbor notification form was returned (Attachment 6) and did not have a response. A public hearing notice was mailed to 30 property owners within 500 feet of the subject property. Staff has received no comments to date on this project. Please refer to the complete list of neighbors who were contacted via the public noticing (Attachment 7). STAFF RECOMMENDATION Staff recommends the Planning Commission approve the proposed wireless facility (Application PDR11-0008) by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval – PDR11-0008 2. Resolution of Approval – UP-01-010 3. Photo simulations, Exhibit “B” 4. Coverage Map 5. Radio Frequency Analysis 6. Neighbor Notifications 7. Public Hearing Notice, Affidavit and Mailing Label 8. Reduced Plans, Exhibit "A" 40 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 11-018 FOR APPROVAL OF DESIGN REVIEW Application # PDR 11-0008 AT&T (RealCom) / 13686 Quito Road 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 July 5, 2011, incorporated by this reference. The proposed project is the installation of three new antennas and associated equipment on an existing utility tower. The overall number for AT&T would be nine antennas and six Radio Remote Units. The length of the antennas would be approximately 4 ½ feet tall. The length of the Radio Remote Units would be approximately 1 ¼ feet tall. The foregoing 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 July 27, 2011, the Planning Commission held a duly noticed Public Hearing on the Project at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the Project, the staff report on the Project, CEQA documentation, correspondence, presentation from the Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental Review The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15301), “Existing Facilities”. This exemption allows for minor modifications involving negligible expansion of use and no exception to that exemption applies. V. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section 15- 46.040 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: 41 2 Application No. PDR 11-0008; 13686 Quito Rd. (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 due to their location and placement. The proposed antennas will be installed on an existing utility tower and unobtrusive as viewed from the street. 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. The project does not include any additional signage for the proposed project. The project includes antennas, Radio Remote Head (RRH) units, and accessory cellular equipment to be installed to an existing utility tower. 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 applicant (AT&T) currently has a master landscape maintenance agreement with the property owner (PG&E). The applicant has been consistent in maintaining the existing screening vegetation along Quito Road. The existing vegetation at the proposed location in vibrant and lush and located in a natural appearing cluster. The applicant (as conditioned) will continue to maintain the existing landscape buffer to the satisfaction of the PG&E and the City of Saratoga. 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. 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. All associated equipment will be placed on the existing utility tower and be painted in a similar color. This finding 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 of the towerwill not be increased and the installation of the proposed new antennas and Remote Radio Units is virtually identical to the existing antennas that will be relocated. The design is significantly unnoticeable from the public right-of-way and will not be a visual distraction to community members who utilize Quito Road. This finding can be made in the affirmative. 42 3 Application No. PDR 11-0008; 13686 Quito Rd. VI. Project Approval After careful consideration of the application, site plan, architectural drawings, and other materials and exhibits and evidence submitted to the City in connection with this matter, Application No. PDR 11-0008 (Planning Commission Design Review) for the installation of three wireless panel 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). 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 43 4 Application No. PDR 11-0008; 13686 Quito Rd. 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 8. Compliance with Plans. The facility shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" and Photo Simulations denominated Exhibit “B”, date stamped July 5, 2011, incorporated by this reference. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to the requisite prior City approval. 9. Harmonizing with Existing Structures. Prior to the installation of the proposed panel antennas and accessory equipment, the equipment shall be painted a color similar to the existing utility tower and subject to approval of the Community Development Director. 10. 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. 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. 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 44 5 Application No. PDR 11-0008; 13686 Quito Rd. and/or Applicant shall submit to the Community Development Department documentation from the FCC showing proof of compliance of the proposed use and/or development with the FCC's requirements. 14. Fire Agency Conditions. The Owner / Applicant shall comply with all Fire Agency Conditions. 15. Building Department. The Owner / Applicant shall comply with all building standards including any improvements necessary to comply with the building code. 16. 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. 45 6 Application No. PDR 11-0008; 13686 Quito Rd. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 27th day of July 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 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 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 27th day of July 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: PDR11-0008 / 13686 Quito Road APPLICANT/OWNER: Christian Hill in c/o AT&T APN: 403-24-001 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 65 feet above grade onto an existing 115 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 1.5 acres and is located in the R1-10,000 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, July 12th 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 62 Parcel Number Parcel Address Owner Name Owner Address Owner City, State Zip38919037 13561 QUITO RD CALIFORNIA STATE OF 13561 QUITO RD SARATOGA, CA 9507038925002 18515 ASPESI DR BALOG STEVEN W AND BARBARA E 18515 ASPESI DR SARATOGA, CA 9507038925003 18529 ASPESI DR PAKDEL HESAMEDDIN AND STEPHANI 18529 ASPESI DR SARATOGA, CA 9507038925004 18541 ASPESI DR PILLSBURY PATRICK L AND LINDA 18541 ASPESI DR SARATOGA, CA 9507038925005 18553 ASPESI DR RECKWERDT BILL JR AND TAEKO 18553 ASPESI DR SARATOGA, CA 9507038925006 18565 ASPESI DR RIZZO MARK A AND THERESE A D 18565 ASPESI DR SARATOGA, CA 9507038925008 18581 LYONS CT WALLS JUDITH S 18581 LYONS CT SARATOGA, CA 9507038925039 18570 ASPESI DR URROZ FERNANDO J AND CYNTHIA J 18570 ASPESI DR SARATOGA, CA 9507038925040 18556 ASPESI DR CRICCHIO SALVATORE J 18556 ASPESI DR SARATOGA, CA 9507038925041 18542 ASPESI DR PEEKS ROBERT A AND ROCKESANDA 18542 ASPESI DR SARATOGA, CA 9507038925042 18528 ASPESI DR CIMLOV BORIS AND RENATE TRUSTE 18528 ASPESI DR SARATOGA, CA 9507038925043 18514 ASPESI DR NATAEGHIAN FARAMARZ TRUSTEE 18514 ASPESI DR SARATOGA, CA 9507038925044 13675 QUITO RD SHAFAZAND MAHNAZ 13675 QUITO RD SARATOGA, CA 9507038925045 13685 QUITO RD ABHARI HASSAN S AND JAMIE C 13685 QUITO RD SARATOGA, CA 9507038925046 13687 QUITO RD HASSAN NUR M AND JOYCE F TRUST 13687 QUITO RD SARATOGA, CA 9507038925047 13689 QUITO RD BENNION HOWARD B AND JOAN B 13689 QUITO RD SARATOGA, CA 9507038925048 13701 QUITO RD BROWN BRETT AND CARRIE TRUSTEE 13701 QUITO RD SARATOGA, CA 9507038925050 13695 QUITO RD CITTA RONALD J AND MARCIA TRUS 13695 QUITO RD SARATOGA, CA 9507038926001 13737 QUITO RD JENSEN GORDON E AND CHERIEL M 13737 QUITO RD SARATOGA, CA 9507038926025 18506 MONTPERE WY ALAMEDA A ALAN AND ELISABETH D P O BOX 2204 SARATOGA, CA 9507038926027 18485 MONTPERE WY RANDOLPH DONALD F AND GAIL M 18485 MONTPERE WY SARATOGA, CA 9507040323023 18407 MONTPERE WY CRANE DANIEL B AND LILLIAN 18407 MONTPERE WY SARATOGA, CA 9507040323028 18406 MONTPERE WY HUANG JOE C AND JOAN 18406 MONTPERE WY SARATOGA, CA 9507040323032 13821 RAVENWOOD DR JENSEN FLORENCE H TRUSTEE 13821 RAVENWOOD DR SARATOGA, CA 9507040323055 13824 ESPADA CT MCGRATH LEE M AND JOAN M 13824 ESPADA CT SARATOGA, CA 9507040323064 S C V W D 5750 ALMADEN EX SAN JOSE, CA 9511840324008 13686 QUITO RD ASSOCIATES I, A PARTNERSHIP 4966 EL CAMINO REAL UNIT #209 LOS ALTOS, CA 9402240324012 18250 MONTPERE WY FUKUI BILLY S AND YURIYE TRUST 18250 MONTPERE WY SARATOGA, CA 9507040324014 18247 MONTPERE WY KUFER STEPHEN J AND SUSAN E TR 18247 MONTPERE WY SARATOGA, CA 9507040324016 18291 MONTPERE WY JOHANSEN KIM A AND BATTAGLIA M 18291 MONTPERE WY SARATOGA, CA 9507030 Parcels Notified63 64