Loading...
HomeMy WebLinkAboutCity Council Resolution 19-029 deny appeal for AT&T microcell towerRESOLUTION NO: 19-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL APPC19-0003, AND APPROVING DESIGN REVIEW PERMIT PDR18-0034 FOR A MICROCELL SITE LOCATED ON AN EXISTING UTILITY POLE WITHIN THE PUBLIC RIGHT OF WAY ON SARATOGA-SUNNYVALE ROAD NEAR THE INTERSECTION OF VERDE VISTA LANE WHEREAS, on December 11, 2018 AT&T Mobility submitted a Design Review application to install a microcell site on an existing utility pole within the public right-of-way on Saratoga -Sunnyvale Road near the intersection of Verde Vista Lane ("Project"). WHEREAS, on March 13, 2019, the Planning Commission held a duly noticed public hearing, considered evidence presented by City Staff, the applicant, and neighboring property owners before approving the project; and WHEREAS, on March 25, 2019, an appeal to the City Council was filed by Limin He ("Appellant"); and WHEREAS, on May 15, 2019, 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, CEQA documentation, and other materials, exhibits, and evidence presented by City Staff, the appellant, the applicant, and other interested parties; and 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 March 13, 2019, and approves the applicant's Design Review 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 in the City of Saratoga Department of Community Development and are maintained by the Director of that Department. Section 2: 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", Class 3. This exemption allows for the construction and location of limited small new facilities; installation of small, new equipment and facilities in small structures. Section 3: The project is consistent with the Saratoga City Code in that the Design Review findings under Section 15-44.025 of the City Code can be made and are set forth as follows: 2 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 microcell site would be located on an existing utility pole within the public right-of-way. 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 all the proposed antenna 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 would be painted a non -glossy non -reflective color to match the color of the utility pole, all cabling would be installed in a tight manner to avoid visual clutter, and the height of the pole/antenna will be consistent with nearby trees. 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. This finding can be in the affirmative in that the proposed antenna and associated equipment would be placed on an existing utility pole with at least seven feet of vertical clearance from the ground - no ground - mounted equipment is proposed. Section 5: The City Council of the City of Saratoga hereby approves Design Review Application PDR1 8-0034 subject to the Findings and Conditions of Approval. 3 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, 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. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans date stamped December 11, 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. 3. PERMANANT CONDITION. The pole mounted mechanical equipment shall be located on the pole in a manner to reduce the visual impacts from the road right of way to the maximum extent possible. In addition, the antennas and associated equipment shall be painted to match the color of the existing utility pole. 4. 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 processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained 5. 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. 6. 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. 7. 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 4 Community Development Department for review to ascertain compliance with the requirements of this Resolution. 8. 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 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 February 11, 2019. 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 antenna and equipment shall be painted a color similar to the structure it's being attached to. 11. 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 5 REQUIREMENTS OF OTHER AGENCIES OR UTILITIES 12. 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. 13. 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. 14. All applicable requirements of the State, County, City and other Governmental entities, including the California Public Utilities Commission, must be met. 15. 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. 16. 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. PUBLIC WORKS 17. The owner/applicant shall comply with all Public Works requirements. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 15th day of May 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Mayor E. Manny Cappello, Vice Mayor Howard Miller, Council Members Mary - Lynne Bernald, Yan Zhao Council Member Rishi Kumar Debbie Bretschneider, City Clerk 6 E. Manny Cappello, Mayor Date