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HomeMy WebLinkAboutCity Council Resolution 18-046 denying appeal cell facilityRESOLUTION NO: 18-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL NO. APCC18-0002, AND APPROVING DESIGN REVIEW APPLICATION NO. PDR18-0011 FOR THE CONSTRUCTION OF A CELL FACILITY LOCATED ON AN EXISTING UTILITY POLE WITHIN THE PUBLIC RIGHT-OF-WAY ON PIERCE ROAD NEAR THE INTERSECTION OF VISTA REGINA WHEREAS, an application was submitted by AT&T Mobility (Applicant) requesting approval for the installation of a cell facility on an existing utility pole located on the west side of Pierce Road right-of-way near the intersection of Vista Regina. The installation includes a canister antenna on top of the pole and associated equipment to be mounted on the utility pole (Project). The height of the utility pole with the antenna would increase from approximately 33 feet to 42 feet. The canister antenna and bayonet extension shall be painted a sky grey blue and the pole mounted equipment shall be painted a color similar to the structure it's being attached to. WHEREAS, on July 11, 2018, the Planning Commission held a duly noticed public hearing on the Project, and considered evidence presented by City Staff, the Applicant, and other interested parties, and approved application PDR18-0011 for the Project; and WHEREAS, on July 23, 2018, an appeal to the City Council was filed by Qiong (Joan) Luo and Lin Zhu (Appellants); and WHEREAS, on September 5, 2018, following a duly noticed public hearing where the City Council conducted a de novo review of the appeal, at which all interested parties were given a full opportunity to be heard and to present evidence, the City Council considered the application, site plan, architectural drawings, CEQA documentation of exemption, and other materials, exhibits, and evidence presented by City Staff, the Appellant, the Applicant, and other interested parties; and WHEREAS, the Community Development Department recommends that the City Council determine that this Project is categorically exempt under CEQA Guidelines § 15303, New Construction or Conversion of Small Structures. NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appeal of the Appellants, affirms the decision of the Planning Commission of the City of Saratoga on July 11, 2018, and approves the Applicant's cell facility application and further finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. The documents constituting the record of proceedings upon which this decision is based are located in the City of Saratoga Department of Community Development and are maintained by the Director of that Department. Section 2: The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303, "New Construction or Conversion of Small Structures." The Class 3 Categorical Exemption applies to construction and location of Section 3: The Project is consistent with the following Saratoga General Plan Policies: 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 surroundings; Land Use Element Policy 5.2 which states that 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; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The design review findings for Wireless Telecommunications Facilities set forth under City Code Section 15-44.025 can be made in the affirmative and are set forth as follows: Section 15-44.025(a) That the Wireless Telecommunications Facility is or can be co - located with another Wireless Telecommunications Facility located on a structure or an existing utility pole/tower in the public right-of-way unless the applicant has demonstrated that such location is not technically or operationally feasible. This finding can be made in the affirmative in that the proposed cell facility would be located on an existing utility pole within the public right-of-way. Section 15-44.025(b) That the Wireless Telecommunications Facility and related structures incorporate architectural treatments and screening to substantially include: 1. Appropriate and innovative stealth design solutions; 2. Techniques to blend with the surrounding environment and predominant background; 3. Colors and materials that are non -reflective; 4. Exterior textures to match the existing support structure or building; and 5. Reasonably compatible height with the existing surrounding environment. This finding can be made in the affirmative in that the proposed cell facility and associated equipment will be located on an existing utility pole without accessory ground mounted equipment and fencing to detract from the predominant background. Pole mounted mechanical equipment would be located on the opposite side of the pole facing away from the public street to minimize views from the public right-of-way, all equipment will be painted a non -glossy non -reflective color to match the color of the utility pole, all cabling will be installed in a tight manner to avoid visual clutter, and the height of the poles/antennas will be compatible with nearby trees. Section 15-44.025(c) That landscaping and fencing provide visual screening of the Wireless Communication Facility's ground -mounted equipment, related structures, and that fencing material is compatible with the image and aesthetics of the surrounding area. 2 This finding can be made in the affirmative in that the proposed antenna and associated equipment will be placed on existing utility poles with at least six feet of vertical clearance from the ground, with no ground -mounted equipment. Section 5: The City Council of the City of Saratoga hereby approves PDR18-0011 for a cell facility on Pierce Road near the intersection of Vista Regina subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. 3 Exhibit 1 CONDITIONS OF APPROVAL AT&T MOBILITY PDR18-0011 Microcell Site Pierce Road right-of-way (near the intersection of Vista Regina) 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, or demolition, grading 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 to the Community Development Director. 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. 2. 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. 3. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans date stamped May 23, 2018. 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 approval in accordance with City Code. 4. PERMEANT CONDITION -the pole mounted equipment shall be located on the pole in a way to reduce the visual impacts from the road right of way. In addition, the antennas and associated equipment shall be painted to match the existing utility pole. 5. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, 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 City certifies that all 4 processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 6. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 7. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 8. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval the Owner or 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. 9. 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: c. 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 d. 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 City Attorney. COMMUNITY DEVELOPMENT 9. 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, denominated Exhibit "A", and the Photo Simulations, denominated Exhibit "B", both received and dated May 23, 2018. 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. 10. Prior to the installation of the proposed antenna and associated equipment, the canister antenna and bayonet extension shall be painted a sky grey blue and the pole mounted equipment shall be painted a color similar to the structure it's being attached to. A paint sample shall be 5 submitted for review and approval to the Planning Department prior to issuance of building permit. 11. Prior to the installation of the proposed antenna and associated equipment, AT&T shall deposit with the City funds sufficient to purchase and plant one (1) tree (minimum size 15 gallon, maximum size 24" box at installation) for the property owners at 21711 Mt. Eden Road, to mitigate the view of the pole mounted equipment. The City Arborist shall select the appropriate species and size of the tree for the site and determine the amount of the deposit. After the tree is planted the deposit shall be returned to AT&T. If the property owners at 21711 Mt. Eden Road do not request the tree within six (6) months of the date of this approval, this condition shall be void and the deposit shall be returned to AT&T. 12. Three (3) 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 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 REQUIREMENTS OF OTHER AGENCIES OR UTILITIES 13. The 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. 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. 15. All applicable requirements of the State, County, City and other Governmental entities, including the California Public Utilities Commission, must be met. 16. The 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. Design review approval will be required for all additional antennas that are proposed to be installed on the existing utility pole that would substantially change the physical dimensions of the existing utility pole. 6 PUBLIC WORKS 18. The owner/applicant shall comply with all Public Works requirements. PASSED AND ADOPTED by the City September 2018 by the following vote: AYES: Mayor Mary -Lynne Bernald, Vice A. Miller, Emily Lo NOES: Council Member Rishi Kumar ABSENT: ABSTAIN: Attest: Debbie Bretschneider, Interim City Clerk 1037676.1 Council of the City of Saratoga on this 5th day of Mayor E. Manny Cappello, Council Members Howard 7 Mary ynn Bernald, Mayor