HomeMy WebLinkAbout09-14-2011 Planning Commission PacketTable of Contents
Agenda 2
August 24, 2011
Draft Minutes 4
Application MOD11-0002 12341 Saratoga Creek Drive (366-12-
065)
Continuation Memo 6
Application PDR10-0018 (Right-of-way) Verizon Wireless c/o
NSA Wireless, Highway 9, North of Farwell Ave.
Staff Report - Cellular Antennas at Highway 9, North of
Farwell Avenue 7
Att. 1 - Resolution of Approval - PDR10-0018 12
Att. 2 - Photo Simulations, Exhibit "B"18
Att. 3 - Coverage Map 20
Att. 4 - Noise Assessment 22
Att. 5 - Color and Material's Board 31
Att. 6 - Alternate Location Map 32
Att. 7 - Arborist Report 33
Att. 8 - RF Analysis 43
Att. 9 - Neighbor Notifications 49
Att. 10 - Public Hearing, Affadavit, & Mailing Label 52
Application FER11-0002 14651 Farwell Avenue (397-20-004)
Jerry and Judy Oberthier
staff report 55
resolution 59
Notice 64
Neighbor Forms 65
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CITY OF SARATOGA PLANNING COMMISSION
AGENDA
DATE: Wednesday, September 14, 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 August 24, 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 September 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 MOD11-0002 12341 Saratoga Creek Drive (366-12-065) - Conditional Use Permit
application for modifications to the existing Conditional Use Permit for the Community Facility (pool and
pool house) of the Saratoga Woods Community Association. The proposed modifications would include
modifying the membership requirements and expanding the hours of operation. This item is continued to a
date uncertain. (Christopher Riordan, AICP, Senior Planner)
2. Application PDR10-0018 (Right-of-way) Verizon Wireless c/o NSA Wireless, Highway 9, North of
Farwell Ave. - The applicant is requesting Design Review approval for the installation of three wireless
telecommunication antennas and the construction of an equipment shelter to be placed on Saratoga-Los
Gatos Road, north of Farwell Avenue. The proposed three antennas would be attached to two eight foot
crossbars and be placed approximately 30 feet above natural grade on the existing 44 foot wooden utility
pole. The proposed equipment structure would be seven feet tall and approximately 240 sq. ft. in size and
used to screen the mechanical equipment. The equipment structure would be constructed of pressure treated
pine wood, decorative lattice, galvanized steel fence posts and painted forest green. The structure would be
2
surrounded with 22 “toyon shrubs” to establish visual consistency with the neighboring vegetation. The
proposed location is within the R-1-40,000 zoning district. (Michael Fossati)
3. Application FER11-0002 14651 Farwell Avenue (397-20-004) Jerry and Judy Oberthier - The
applicant requests approval for a fence exception. The project is a six foot tall wrought-iron fence with
seven foot tall brick columns and 10 foot tall entrance gate with eleven foot six inch tall columns. The
fence, gate, and columns would be located outside the line of sight visibility triangle along Farwell Avenue
and Wild Oak Way. The lot is 34,226 square feet and the site is zoned R-1-40,000. (Cynthia McCormick,
Assistant Planner, AICP)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, September 28, 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 September 8,
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, August 24, 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
Commissioners Bernald and Grover
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of July 27, 2011 (Approved, 5:0)
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 August 18, 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 PSP11-0001 (366-12-072) US Signs / Public Storage, 12299 Saratoga-Sunnyvale
Road - The applicant is requesting Planning Commission Sign Approval for two new internally illuminated
wall signs for both Public Storage and Allure Beauty located at 12299 Saratoga-Sunnyvale Road. The
Public Storage sign would be fabricated with an orange polycarbonate face and black aluminum letter
returns, and would include a purple and orange polycarbonate logo box in the upper left hand corner. The
Allure Beauty sign would be fabricated with a blue polycarbonate face and white aluminum letter returns.
Both signs would be constructed with individual channel letters and low-voltage light emitting diode (LED)
lighting on an aluminum raceway support (which would be painted the color of the building). The project
location is surrounded by commercial uses to the north, east, and south, with multi-family residential and
industrial uses to the west. The property is approximately 3.08 acres in size and located in the
Commercial-Visitor (CV) zoning district. (Michael Fossati) (Approved, 5:0)
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DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING – ADJOURNED 7:29 PM
- Wednesday, September 14, 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 August 18,
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
PLANNING COMMISSION
MEMORANDUM
TO: Planning Commission
FROM: Christopher Riordan, AICP, Senior Planner
MEETING DATE: September 14, 2011
SUBJECT: MOD11-0002 – 13915 Saratoga Creek Drive: Conditional Use
Permit application for modifications to the existing Conditional
Use Permit for the Community Facility (pool and pool house) of
the Saratoga Woods Community Association. The proposed
modifications would include modifying the membership
requirements and expanding the hours of operation.
This item has been continued to a date uncertain.
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: September 14, 2011
Application Type / No: Design Review / PDR10-0018
Location: Highway 9, North of Farwell
Owner / Applicant: CalTrans / NSA Wireless (Verizon)
Staff Planner: Michael Fossati
APN: Right-of-Way
Department Head: Chris Riordan, AICP
Highway 9 North of Farwell
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EXECUTIVE SUMMARY
CASE HISTORY
Application filed: 10/06/10
Application complete: 08/26/11
Notice published: 08/30/11
Mailing completed: 08/29/11
Posting completed: 09/08/11
PROJECT DESCRIPTION
The applicant is requesting Design Review approval for the installation of three wireless
telecommunication antennas and the construction of an equipment shelter to be placed on Saratoga-Los
Gatos Road, north of Farwell Avenue. The proposed three antennas would be attached to two eight foot
crossbars and be placed approximately 30 feet above natural grade on the existing 44 foot wooden utility
pole. The proposed equipment structure would be seven feet tall and approximately 240 sq. ft. in size
and used to screen the mechanical equipment. The equipment structure would be constructed of pressure
treated pine wood, decorative lattice, galvanized steel fence posts and painted forest green. The
structure would be surrounded with 22 “toyon shrubs” to establish visual consistency with the
neighboring vegetation. The proposed location is within the R-1-40,000 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: R-1-40,000
GENERAL PLAN DESIGNATION: Very Low Density Residential: RVLD
MEASURE G: Not applicable.
PARCEL SIZE: Not applicable
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 new panel antennas along Highway
9, northwest of Farwell Avenue. The antennas would be connected to two 8’ cross arms. Those cross
arms would be connected to an existing Pacific Gas & Electric (PG&E) utility pole. The antennas and
cross arms would be installed approximately 30 feet above grade. The height of the existing pole would
remain at approximately 44 feet. Adjacent uses include Highway 9 to the south and west and single-
family residential to the north and east. The existing pole currently has no cellular equipment installed
to it.
Along with the three new panel antennas, the applicant is requesting to construct a 240 sq. ft. unenclosed
wooden accessory structure to house the following equipment. The approximate sizes and functions of
the covered equipment are as follows:
• One Battery Cabinet (2.5’ wide x 7’tall x 2.5 deep) (Supplies backup power)
• Two Mod Cell Cabinets (3’ wide x 6’ tall x 3.25’ deep) (Supports radio cabinet)
• One Pantrol Cabinet (2’ wide x 6.5’ tall x 2’ deep) (Supports radio cabinet)
• One Intercept Vault (1.5’ wide x 2.5’ tall x 2’ deep) (Entry point connection for telephone cable)
• One Intersect Cabinet (1.5’ wide x 3.25’ tall x 1’ deep) (Distribution point for power)
• Two RBS 6101 L.T.E. Cabinets (2’ wide x 7’ tall x 2’ deep) (Supports LTE radio antennas)
All of the equipment would be located within the unenclosed accessory structure. The accessory
structure would be constructed of treated pine wood pickets and galvanized steel posts. The pickets and
posts would be six feet tall and topped with one foot of decorative lattice. The posts, pickets, and lattice
would be painted forest green.
Along with the painting of the unenclosed accessory structure, the applicant is requesting the installation
of approximately 22 “toyon shrubs”. The planting of the toyon would be consistent with the planting
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plan associated with this project. The applicant is proposing a 90 day maintenance period to water,
weed, mulch, cultivate, and fertilize the proposed toyon. In addition to the 90 maintenance period, the
applicant would provide a one-year landscape maintenance agreement to water the shrubs appropriately.
Photo simulations of the proposed project and associated landscaping are shown as Attachment 2.
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 3).
Noise-Generating Devices
The project includes a potential noise source emanating from two Mod Cell 4.0 outdoor cabinets. The
applicant believes no other noise generating equipment is being proposed for the site. The applicant
submitted a environmental noise assessment (Attachment 4) to verify the proposed noise generating by
the Mod Cell cabinets would be approximately 68 dBA at a five foot distance. The sound level of 68
dBA would be equivalent to a commercial area or normal speech at a three foot distance. Per the report,
average noise levels typically range from 59 to 66 dBA during the day and 44 to 61 dBA during the
evening. Staff believes the proposed project would not significantly increase the noise level of the
district due to existing buffer of dense vegetation currently between the proposed project and residential
properties located to the north. Furthermore, the cabinets would be surrounded with a proposed
unenclosed accessory structure and additional landscaping, which could potentially further dampen the
intermittent noise. The closest residence is approximately 65 feet away.
Proposed Exterior Materials and Colors
The proposed antennas and associated equipment located on the utility tower would be gray in color. As
previously mentioned, the proposed unenclosed accessory structure would be painted forest green to
match the existing rural scenery (Attachment 5).
Alternative Sites
Verizon Wireless has multiple sites in Saratoga. Verizon has determined that the area north of Farwell
Avenue on Highway 9 is an optimal site to install the proposed antennas due to its location and existing
infrastructure. Three alternate sites were considered during the initial feasibility stage (Attachment 6).
Candidate “A” was rejected because it would require a new monopole to meet the coverage objective
instead of using existing infrastructure. Candidate “B” was rejected because the existing utility pole
could not handle additional antennas. Candidate “C” was rejected because it was located to close to an
already existing Verizon Wireless facility and does not fulfill the coverage objective sought out for the
coverage objective.
Per the Coverage Map, there appears to be a significant reduction of data and network services along
residential properties near Highway 9. The proposed placement of the antennas would substantially
increase data and network speed for commuters and customers who reside in those properties discussed
above.
Arborist Report
The proposed antennas and associated equipment are located near eight protected trees. The applicant
contracted a consulting arborist to verify that none of the protected trees would be impacted by the
project. The consulting arborist provided Staff with a Tree Protection Plan that was reviewed (and
approved) by the City Arborist (Attachment 7). Per the Tree Protection Plan, no trees will be required to
be removed.
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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 8) which concludes that the proposed
telecommunications facility would comply with the FCC’s current prevailing standard.
Correspondence and Neighbor Review
The applicant mailed (by certified mail) neighborhood notification forms to nearby property owners.
Three neighbor notification forms were returned (Attachment 9). Two of the neighbor notification
forms were not in favor of the project. An additional property owner came into the City to see the
proposed project. Their concerns had to do with the scenic impacts and accessing the site for the
proposed maintenance. Once the property owners saw the photo simulations, their overall concerns of
the scenic impacts were lessen.
There was a substantial concern about the impact that water trucks would have on the project location.
The concerns are about where the water trucks would park and access the proposed landscaping and
wireless equipment. After a site visit with Staff and a concerned neighbor, it was agreed that Staff
should include a condition that Verizon workers could park on a small knoll about 450 feet north of
Farwell Avenue when providing maintenance. The knoll would provide a sufficient parking space for
maintenance trucks while allowing residents to utilize the existing bicycle and walking trail. Staff has
added the required parking as a condition to the resolution.
A public hearing notice was mailed to 46 property owners within 500 feet of the subject property
(Attachment 10). Staff has not received any additional comments (other than what was discussed above)
to date on this project.
STAFF RECOMMENDATION
Staff recommends the Planning Commission approve the proposed wireless facility (Application
PDR10-0018) by adopting the attached Resolution.
ATTACHMENTS
1. Resolution of Approval – PDR10-0018
2. Photo simulations, Exhibit “B”
3. Coverage Map – Highway 9 North of Farwell
4. Noise Assessment – Highway 9 North of Farwell
5. Color and Material Board – Highway 9 North of Farwell
6. Alternate Location Map – Highway 9 North of Farwell
7. Arborist Report – Highway 9 North of Farwell
8. Radio Frequency Analysis – Highway 9 North of Farwell
9. Neighbor Notifications
10. Public Hearing Notice, Affidavit and Mailing Label
11. Planting Plan – Highway 9 North of Farwell, Exhibit “C”
12. Reduced Plans, Exhibit "A"
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CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO. 11-020 FOR APPROVAL OF DESIGN REVIEW
Application # PDR 10-0018
Verizon Wireless (NSA Wireless) / Highway 9 North of Farwell Ave.
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, and a planting plan denominated Exhibit “C” date stamped August 31, 2011, incorporated
by this reference. The proposed project is the installation of three new antennas and accessory
equipment to an existing wooden utility pole. The project also includes the construction of an
approximately 240 square foot unenclosed accessory structure that would be used to house the
accessory equipment. Lastly, the project includes the planting of approximately 22 toyon shrubs
around the unenclosed accessory structure. 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 September 21, 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.
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Application No. PDR 10-0018; Right-of-Way, Highway 9 North of Farwell Ave.
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:
(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 pole. The proposed antennas and accessory cabling will be in
a similar color to the existing equipment already located onto the pole. The proposed height of
the pole is similar to the existing surrounding trees and shrubs. The proposed unenclosed
accessory structure will be surrounded by drought tolerant shrubs and painted forest green in
order to integrate with the surrounding foliage. 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. This project proposes one weather and corrosion resistant sign in order to comply
with General Order 95 of the State of California which establishes the rules of overhead electric
line construction. A compatible theme will be met in that the associated equipment will be the
same color as the existing equipment on the existing wooden pole. 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. This
project proposed a landscaping that will be clustered to appear natural. Existing redwoods,
oaks, and cedar trees are located around the pole. Those trees will be undisturbed and protected
by appropriate means, as required by the City Arborist. The antennas will be placed
approximately 30 feet in the air and placed in a manner to blend in with the existing utility pole.
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 proposes walls constructed of pressure treated pine wood slats,
galvanized steel fence posts, and decorative lattice. The colors of the slats, posts, and lattice will
be forest green, in order to match the existing mature vegetation in the rear of the proposed
structure and the proposed toyon shrubs which will be planted on the sides. The colors are
would be earthtone 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 pole and be painted in a
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Application No. PDR 10-0018; Right-of-Way, Highway 9 North of Farwell Ave.
color similar to match the existing equipment already on the pole. This finding is non-
applicable to the proposed project.
(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 antenna installation
and unenclosed accessory structure would be compatible with existing utility poles and
residential fences in the nearby area. The proposed antennas would be attached to a utility pole
which is very similar in height to existing utility poles in the area. The unenclosed accessory
structure is similar to structures that house electrical equipment within CalTrans right of way.
The applicant has proposed a structure that not only meets the requirements of Verizon
Wireless, but will support the rural character of the City in its design and character. 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.
PDR 10-0018 (Planning Commission Design Review) for a wireless facility 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.
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Application No. PDR 10-0018; Right-of-Way, Highway 9 North of Farwell Ave.
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
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”, & Planting Plan denominated Exhibit “C” date
stamped August 31, 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 antennas and equipment shall be painted a color similar to the
existing utility pole and subject to approval of the Community Development Director.
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Application No. PDR 10-0018; Right-of-Way, Highway 9 North of Farwell Ave.
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 must be met.
13. Federal Communications Commission (FCC) Verification. The owner and/or Applicant for
this Project shall contact the FCC and verify whether there are any required permits from said
Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed
equipment installations (or if none, prior to commencement of the approved use), the Owner
and/or Applicant shall submit to the Community Development Department documentation from
the FCC showing proof of compliance of the proposed use and/or development with the FCC's
requirements.
14. 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.
17. Landscaping Maintenance Agreement. The Owner / Applicant shall provide a Landscape
Maintenance Agreement prior to obtaining a building permit that will require the applicant to
water the proposed toyon shrubs for one year in addition to the 90 maintenance period, as
discussed and shown on Exhibit “C”, dated August 31, 2011 and incorporated by reference.
16
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Application No. PDR 10-0018; Right-of-Way, Highway 9 North of Farwell Ave.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 24th day of September
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
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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 14th day of September 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: PDR10-0018 / Saratoga-Los Gatos Road – North of Farewell
APPLICANT/OWNER: NSA wireless in c/o Verizon Wireless
APN: Right-of-Way
DESCRIPTION: The applicant is requesting Design Review approval for the installation of
three wireless telecommunication antennas and the construction of an equipment shelter to be
placed on Saratoga-Los Gatos Road, north of Farwell Avenue. The proposed three antennas
would attached to two eight foot crossbars and be placed approximately 30 feet above natural
grade on the existing 43 foot wooden utility pole. The proposed equipment structure would be
seven feet tall and approximately 240 sq. ft. in size and used to screen the mechanical equipment.
The equipment structure would be constructed of pressure treated pine wood, decorative lattice
and galvanized steel fence posts and painted forest green. The structure would be surrounded
with 22 toyon shrubs to establish consistency with the neighboring vegetation. The proposed
location is within the R-1-40,000 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, September 6th 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
Planner
(408) 868-1212
52
9/6/2011 City of Saratoga Page -1 of 1 Radius Notification Parcel Report For the Period 9/6/2011 thru 9/6/2011Parcel Number Parcel Address Owner Name Owner Address Owner City, State Zip39718003 14900 FARWELL AV YEH CHIA L AND WANG HUEY L 14900 FARWELL AV SARATOGA, CA 9507039718004 14866 FARWELL AV RODRIGUEZ LUPE AND BARBARA S T P.O. BOX 3563 SARATOGA, CA 9507039718005 14860 FARWELL AV RUDDELL KENNETH H AND ROSA M 20390 THELMA AV SARATOGA, CA 9507039718048 14920 FARWELL AV BRAMLETT MARLO J AND DEBORAH C 14920 FARWELL AV SARATOGA, CA 9507039720008 14835 FARWELL AV BRADY ELIZABETH R TRUSTEE & ET 14835 FARWELL AV SARATOGA, CA 9507039720009 14855 FARWELL AV BOURQUE MARGOT 14855 FARWELL AV SARATOGA, CA 9507039720010 14911 FARWELL AV GLADWELL MALCOLM R AND PATRICI 14911 FARWELL AV SARATOGA, CA 9507039720011 14702 HORSESHOE DR KIRTLEY STEPHEN W AND MARY P 14702 HORSESHOE DR SARATOGA, CA 9507039720012 20000 BELLA VISTA OLSON JON A AND ANNETTE L TRUS 20000 BELLA VISTA SARATOGA, CA 9507039720013 20040 BELLA VISTA NG JONATHAN T AND SIULEE SHIRL 20040 BELLA VISTA SARATOGA, CA 9507039720014 20018 BELLA VISTA LEE LUNG-CHIU AND JA-YING L 20018 BELLA VISTA SARATOGA, CA 9507039720026 20061 BELLA VISTA ORMSETH THOMAS C AND KATHLEEN 20061 BELLA VISTA SARATOGA, CA 9507039720027 14628 HORSESHOE DR PITMAN DAVID P AND DONNA C TRU 14628 HORSESHOE DR SARATOGA, CA 9507039720057 19915 BELLA VISTA SUSMAN BARBARA B TRUSTEE 3674 W PACIFIC COAST HY VENTURA, CA 9300139720058 20022 BELLA VISTA HUBER ROBERT M SR AND DONNA D 20022 BELLA VISTA SARATOGA, CA 9507039720059 19990 BELLA VISTA MERHIGE MERWYN W TRUSTEE 19990 BELLA VISTA SARATOGA, CA 9507039720064 19980 BELLA VISTA SHAPIRO PAUL J AND ELIZABETH S 19980 BELLA VISTA SARATOGA, CA 9507039720065 19950 BELLA VISTA TUNG CHANG-YUNG AND GRACE C 19950 BELLA VISTA SARATOGA, CA 9507039720066 BELLA VISTA KATICICH MATT P AND BARBARA J 9974 E FAIRCHILD RD STOCKTON, CA 9521539720074 20017 BELLA VISTA SARATOGA SWIMMING CLUB P O BOX 133 SARATOGA, CA 9507139720075 20015 BELLA VISTA MABANTA WILFRED 20015 BELLA VISTA SARATOGA, CA 9507039720078 BELLA VISTA KRAFT JOHN K AND SUSAN 20021 BELLA VISTA AV SARATOGA, CA 9507039720079 14582 HORSESHOE DR CLARK WILLIAM G AND ELIZABETH 14582 HORSESHOE DR SARATOGA, CA 9507039720090 19908 BELLA VISTA HOMAYOUN TALIEH 19908 BELLA VISTA SARATOGA, CA 9507039720091 20021 BELLA VISTA KRAFT JOHN K AND SUSAN 20021 BELLA VISTA AV SARATOGA, CA 9507039720096 14781 FARWELL AV DENNERLINE DOUG A 14781 FARWELL AV SARATOGA, CA 9507039720099 20011 BELLA VISTA CHU TRICIA Y ET AL 20011 BELLA VISTA SARATOGA, CA 9507039720100 19931 BELLA VISTA THURNHER OSKAR R AND BARBARA J 19931 BELLA VISTA SARATOGA, CA 9507051720040 20127 MENDELSOHN LN MARTIN KIP J 20127 MENDELSOHN LN SARATOGA, CA 9507051721004 20045 MENDELSOHN LN CHENG DAVID CHENG-YI AND JUNE 18601 EUCALYPTUS DR LOS GATOS, CA 9503051721007 20017 MENDELSOHN LN THERMOND JEFFREY L AND CATHERI 20017 MENDELSOHN LN SARATOGA, CA 9507051721008 19911 MENDELSOHN LN DEL CARLO ARNOLD S AND JOYCE M 19911 MENDELSOHN LN SARATOGA, CA 9507051721009 19935 MENDELSOHN LN PIVK LEOPOLD JR 19935 MENDELSOHN LN SARATOGA, CA 9507051721017 20107 MENDELSOHN LN MURPHY MATT AND LORA 20107 MENDELSON AVENUE SARATOGA, CA 9507051721018 20190 RANCHO BELLA VISTA LERONE THOMAS A AND CHRISTINE 20190 RANCHO BELLA VISTA SARATOGA, CA 9507051721019 20170 RANCHO BELLA VISTA LIN ERIC C AND YEH FU F 20170 RANCHO BELLA VISTA SARATOGA, CA 9507051721020 20150 RANCHO BELLA VISTA SILVERGLIDE HARRY R AND EDYTHE PO BOX 764 CAPTIVA, FL 3392451721021 20140 RANCHO BELLA VISTA ADAMSON G DAVID AND ROSEMARY C 20140 RANCHO BELLA VISTA SARATOGA, CA 9507051721023 20121 RANCHO BELLA VISTA HUANG 20121 RANCHO BELLA VISTA SARATOGA, CA 9507051721024 20131 RANCHO BELLA VISTA SMALL KIMBALL W AND MARTHA L 20131 RANCHO BELLA VISTA SARATOGA, CA 9507051721025 20141 RANCHO BELLA VISTA KLAYKO MICHAEL A AND PATRICIA 20141 RANCHO BELLA VISTA SARATOGA, CA 9507051721026 20151 RANCHO BELLA VISTA MIRANDA DANIEL AND EVA R TRUST 20151 RANCHO BELLA VISTA SARATOGA, CA 9507051721027 20161 RANCHO BELLA VISTA LEWIS RONALD D AND MICHELE F 20161 RANCHO BELLA VISTA SARATOGA, CA 9507051721028 20171 RANCHO BELLE VISTA MO BAOCI 15159 MONTALVO RD SARATOGA, CA 9507051721029 20181 RANCHO BELLA VISTA ONCINA FRANK J AND MARILYN M T 20181 RANCHO BELLA VISTA SARATOGA, CA 9507051721030 20191 RANCHO BELLA VISTA JALALIAN HASSAN AND TAFRASHI S 20191 RANCHO BELLA VISTA SARATOGA, CA 9507046 Affected Parcels53
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 Community
Development Director on the 31st day of August , 2011, that I
deposited 46 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 15-45.060(b) 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 250 feet of the
property described as:
Address: Highway 9, North of Farwell
APN: Right-of-Way
that on said day there was regular communication by United States Mail to the
addresses shown above.
______________________________
Michael Fossati
City of Saratoga
54
REPORT TO THE
PLANNING COMMISSION
Application No. : FER 11-0002
Location / APN: 14651 Farwell Avenue / 397-20-004
Type of Application: Fence Exception
Owner: Jerry and Judy Oberthier
Staff Planner: Cynthia McCormick, Assistant Planner, AICP
Date: September 14, 2011
Department Head: Chris Riordan, Senior Planner, AICP
14651 FARWELL AVE
55
STAFF ANALYSIS
PROJECT HISTORY:
Application Filed: 05/16/11
Application Complete: 08/18/11
Notice Published: 08/30/11
Mailing Completed: 08/29/11
Posting Completed: 09/08/11
ZONING: R-1-40,000
GENERAL PLAN DESIGNATION: Residential Very Low Density (RVLD)
PARCEL SIZE: 34,226 square feet
ENVIRONMENTAL DETERMINATION: The project is categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations,
Chapter 3. Article 19, Section 15303 (“State CEQA Guidelines”). Class 3 exemptions include the
construction and location of a new small structure such as a fence.
FENCE DATA:
Proposal Code Requirements
Front setback:
6 foot tall wood fence
6 foot tall wrought-iron fence
7 foot tall columns
20’ from pavement:
9 foot - 11.5 inch gate
11 foot 6 inch tall columns
Elsewhere:
6 foot tall wood fence
Front setback:
3 foot tall fence
5 foot tall columns
20’ from pavement:
5 foot tall wrought iron entrance gate
5 foot tall pilasters attached to a wrought iron entrance gate
Elsewhere:
6 foot tall solid fence with 2 feet of lattice
8 foot tall open fenc e (e.g., wrought iron)
8 foot tall pilasters
56
Application No. FER 11-0002 / 14651 Farwell Avenue
3
PROJECT DISCUSSION:
The applicant is requesting an exception to the City’s regulations regarding fences. The Planning
Commission may grant a fence exception when findings are made pursuant to City Code Section
15-29.090. These findings are detailed in the attached Resolution of Approval.
Site Description
The property is located at the corner of Farwell Avenue and Wild Oak Way. The site is 34,226
square feet in size and is located in the R1-40,000 zoning district. The property is smaller than
other lots in the area and has an irregular shape, creating an unusual front setback. A portion of the
front property line is in the street while the other portion is nine and one-half feet from the street.
Thus, the front setback is 30 feet from the edge of pavement in one area and 39.5 feet from the edge
of pavement in the other area.
Project Description
The applicant is proposing a six foot (6’) tall bronze-brown colored wrought-iron fence with seven
foot (7’) tall brick columns along the front of the property. The brick columns would match the
color of the existing red bricks on the house. There is an existing 10’ 4” wrought-iron and wood
entrance gate that would be replaced with a 9’- 11.5” tall wrought iron gate. The existing eleven
foot six inch (11’ 6”) tall plaster columns that are attached to the gate would remain. The gate and
columns would be at least 25 feet from the edge of pavement and the entire fence structure would
be located outside the required triangle(s) of visibility. The proposed fence would enclose a portion
of the front property that is not currently enclosed by a fence and would replace an existing fence
between the existing gate and the house. The applicant is also proposing a six foot (6’) tall wood
that would replace an existing wood fence of the same height and location. The wood fence would
be located along the southwestern side of the property including a portion of the front setback.
The proposed fence would be an improvement to the existing fence which is dilapidated and falling
over. The wrought-iron fence would be compatible with fencing on nearby properties and would
provide a more open feeling than surrounding solid fences or hedges of a similar height. The City
Arborist has approved the removal of a pine tree in the front of the property that is in decline and in
conflict with the project.
Neighbor Correspondence
The applicant has shown plans for the fence to the adjacent neighbors. Seven of the neighbors
signed notification forms (Attachment 3). One neighbor was concerned with sight distance at the
corner of Farwell Avenue and Wild Oak Way. The resolution includes a condition of approval
requiring the owner to keep the hedges trimmed to a maximum height of three feet (3’) within the
50 foot visibility triangle at the street intersection. No other comments have been received as of the
writing of this staff report.
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Application No. FER 11-0002 / 14651 Farwell Avenue
4
STAFF RECOMMENDATION
Staff recommends that the Planning Commission find the project exempt from CEQA and
approve the application for a Fence Exception with required findings and conditions by adopting
the attached Resolution.
ATTACHMENTS:
1. Resolution of Approval
2. Notice and Mailing Address List
3. Neighbor Review Notifications
4. Reduced Plans, Exhibit "A”
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CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO.
Application FER 11-0002
14651 Farwell Avenue
The City of Saratoga Planning Commission finds and determines as follows with respect to the
above-described application:
I. Project Summary
The City of Saratoga Planning Commission has received an application for a Fence Exception for
the Project shown in Exhibit "A" date stamped September 8, 2011, incorporated by this reference.
The project is a six foot tall wood fence and a six foot tall wrought-iron fence with seven foot tall
brick columns and 10 foot tall entrance gate with eleven foot six inch tall columns. The fence, gate,
and columns would be located outside the line of sight visibility triangle. The lot is 34,226 square
feet and the site is zoned R-1-40,000.
II. Fence Exception Requirement
City Code Section 15-29.090 allows an exception to the fence regulations with approval by the
Planning Commission.
III. Planning Commission Review
On September 14, 2011 the Planning Commission held a duly noticed Public Hearing on the Project
at which time all interested parties were given a full opportunity to be heard and to present evidence
and argument and the Planning Commission considered the Project, the staff report on the Project,
correspondence from the Applicant and the public, and all testimony and evidence presented at the
Public Hearing.
IV. Environmental Review
The project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Title 14 California Code of Regulations, Chapter 3. Article 19, Section 15303 (“State
CEQA Guidelines”). Class 3 exemptions include the construction and location of a new small
structure such as a fence. No exception to this exemption applies.
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Application No. FER 11-0002; 14651 Farwell Avenue
V. Fence Exception Findings
The Applicant has met the burden of proof to support the Findings required for approval of a Fence
Exception under City Code Section 15-29.090, as set forth below:
Finding #1: The subject fence will be compatible with other similar structures in the
neighborhood. The fence would be similar in location and height to existing fencing in the
immediate neighborhood. The six foot tall wood fence would replace an existing wood fence and
would be similar to nearby wood fences. The wrought-iron fence and gate is compatible with
other wrought-iron fences in the neighborhood.
Finding #2: The entirety of the subject fence will be constructed of materials that are of high
quality, exhibit superior craftsmanship, and that are durable. The wrought-iron fence would be
made of high quality materials and constructed with three-inch steel tubes, set twelve inches into
the ground. The columns that support the fence would be constructed of brick to match the
house. The fence along the side of the property would be constructed with natural wood and
stained with a wood grain finish.
Finding #3: The modification will not impair the integrity and character of the neighborhood
in which the fence is located. The proposed fencing would be complimentary to other existing
fencing in the neighborhood and the wrought-iron fence would provide a more open feeling than
the existing wood fence.
Finding #4: The granting of the exception will not be detrimental or injurious to the property,
adjacent neighbors, or improvements in the general vicinity and district in which the property
is located. The fence would replace an existing fence that is dilapidated and falling down. All
materials used would be high quality and the fence would be landscaped on both sides. The
fence, columns, and gate will comply with building and fire code regulations.
Finding #5: The granting of the exception will not create a safety hazard for vehicular,
pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent
properties. The majority of the fence is wrought-iron, allowing visibility on to and out from the
site. The fence would be located outside of the right-of-way and no less than nine feet from the
edge of pavement. The fence and all supporting structures would be outside of the 50 foot
visibility triangle at the street intersection and outside the 12 foot visibility triangle at the
driveway.
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3
Application No. FER 11-0002; 14651 Farwell Avenue
VI. Project Approval
After careful consideration of the application, site plan, architectural drawings, plans and other
materials and exhibits submitted to the City in connection with this matter, Application No. FER11-
0002 for a fence exception is approved subject to the conditions set forth below.
CONDITIONS OF APPROVAL
A. GENERAL
1. 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.
2. A Building Permit must be issued and construction commenced within 36 months from the date
of adoption of this Resolution or the Fence Exception will expire unless extended in accordance
with the City Code.
3. Prior to issuance of any demolition, use, grading, or building permit to implement this Use
Permit 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.
4. 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 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.
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4
Application No. FER 11-0002; 14651 Farwell Avenue
B. COMMUNITY DEVELOPMENT
5. Compliance with Plans. The fence shall be located and constructed to include those features,
and only those features, as shown on the Approved Plans denominated Exhibit "A" dated
September 8, 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.
Proposed changes to the approved plans are subject to the approval of the Community
Development Director and may require review by the Planning Commission. No downgrading
of materials will be approved by staff.
6. 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. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval; and
c. This signed and dated Resolution printed onto separate construction plan pages.
7. Landscape Maintenance. Landscaped areas (e.g., hedges) within any triangle of visibility on
site shall be trimmed and otherwise maintained by the Owner so that they do not exceed three
feet in height.
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5
Application No. FER 11-0002; 14651 Farwell Avenue
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 14th day of September
2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Douglas R. Robertson
Chair, Planning Commission
ATTEST:
___________________________________
Chris Riordan, AICP
Secretary to the Planning Commission
ACCEPTANCE BY APPLICANT AND OWNER
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and
agrees to fully conform to and comply with said terms and conditions within the time required in
this Resolution by the City of Saratoga Planning Commission.
__________________________________ ____________________________
Applicant Date
__________________________________ ____________________________
Property Owner or Authorized Agent Date
63
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, September 14th 2011 at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A
site visit will also be held by the Planning Commission at the subject property. Please contact the
Planning Department for the date and time of the site visit. 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 #: FER 11-0002
APPLICANT/OWNER: Jerry and Judy Oberthier
APN/ ADDRESS: 397-20-004; 14651 Farwell Avenue
PROJECT DESCRIPTION: The applicant requests approval for a fence exception. The project
is a six foot tall wrought-iron fence with seven foot tall brick columns and 10 foot tall entrance
gate with eleven foot six inch tall columns. The fence, gate, and columns would be located
outside the line of sight visibility triangle along Farwell Avenue and Wild Oak Way. The lot is
34,226 square feet and the site is zoned R-1-40,000.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission, you may be limited to raising only those issues you or
someone else raised at the Public Hearing.
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.
Cynthia McCormick
Assistant Planner
(408) 868-1230
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