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HomeMy WebLinkAboutCity Council Resolution 05-038APPROVAL OF RESOLUTION NO. OS-038 Application No. 04-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING THE APPEAL WHICH REQUIRES MODIFICATIONS TO THE APPROVED CONDITIONAL USE PERMIT APPLICATION Verizon; 12383 Saratoga Sunnyvale Road WHEREAS, on April 13, 2005 the City of Saratoga Planning Commission approved a use permit for the installation of 3 panel antennas on an existing lattice tower; and prefabricated fiberglass equipment cabinets located on the ground near the tower; and WHEREAS, on April 20, 2005 at a regular meeting of the City Council of the City of Saratoga two members of the City Council directed the City Clerk to initiate proceedings pursuant to section 15-90.065 for review by the City Council of the decision made by the Planning Commission; and WHEREAS, at the applicant's request this item was continued from the May 18, 2005 City Council meeting to June 1, 2005 at which the City Council held a public hearing to consider the application at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the application and all testimony and other evidence submitted in connection therewith; and WHEREAS, the City Council upheld the determination and findings of the Planning Commission approval of the Use Permit application with additional special project conditions; and WHEREAS, the project, which includes the installation of panel antennas and equipment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive and that the visual and audible impact of the facility will be less than significant. Application No. 04-065, 12383 Saratoga Sunnyvale Road • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size, and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities. NOW, THEREFORE, the City Council of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 04- 065 for Use Permit approval and the same is hereby granted subject to the following conditions: 1. The proposed antennas and landscaping shall be located and constructed as shown on Exhibit "A" incorporated by reference. The equipment shall be housed in a building approximately 12 feet by 20 feet with a pitched roof with a peak approximately 15 feet high as shown in the photo simulation. The equipment shelter shall NOT be fenced as indicated in the photo-simulation. 2. If the subject site is decommissioned in the future, all antennas and related equipment shall be removed within 30 days of cessation of operation. 3. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Department for Building permits. 4. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at any time modify, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 5. The applicant shall provide a cal sense imgation controller and related equipment (value approx $2500) to the public works department prior to building permit issuance. Contact public works staff Kevin Meeks at 868-1247 for specifications prior to purchasing equipment. After receiving the controller from the applicant, the City will tap off existing water supply and provide a gate value from which the applicant can work off of. A preconstruction meeting with public works staff is required contact Kevin Meeks 868-1247. Application No. 04-065, 12383 Saratoga Sunnyvale Road 6. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. 7. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500 surplus balance prior to building permit issuance until final occupancy is granted. 8. The applicant shall install and maintain (to the satisfaction of the Community Development Director) the landscaping and landscaping improvements substantially in accord with the Landscape Plan submitted with this Application. Applicant shall secure performance of this installation and maintenance obligation by providing security in the form of a cash deposit of $2500. Said security shall be for the benefit of the City and may be used by City in its sole discretion to perform installation and maintenance obligations not performed by Applicant to the satisfaction of the Community Development Director following 30 days notice to Applicant of any deficiency. At such time as the balance of the cash deposit falls below 50% of the original amount the City shall notify Applicant and the Applicant shall replenish the deposit account within 60 days of said notice. Upon the termination of this use permit all funds in the deposit account shall be returned to Applicant. Applicant shall provide City proof that City has the authority (after reasonable notice to Applicant) to enter the property that is the subject of this permit to perform installation and maintenance obligations. The above described cash deposit and proof of access shall be provided to City in a form satisfactory to the City Attorney prior to construction or installation of any portion of the facility authorized by this use permit. 9. The applicant shall submit revised plans including building dimensions and height, roof type, colors, and building materials which shall all be subject to approval of the Community Development Director. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 1st day of June 2005 by the following roll call vote: AYES: Councilmembers Aileen Kao, Ann Waltonsmith, Nick Streit, Norman Kline, and Mayor Kathleen King Application No. 04-065, 12383 Saratoga Sunnyvale Road NOES: None ABSENT: None ABSTAIN: None ~, 9 ~ Kathleen M. King, M or OTTFCT•