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HomeMy WebLinkAboutCity Council Resolution 05-044APPROVAL OF RESOLUTION NO. OS-044 APPLICATION NO. 04-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING THE APPEAL WHICH REQUIRES MODIFICATIONS TO THE APPROVED CONDITIONAL USE PERMIT APPLICATION Metro PCS; 13650 Saratoga Avenue WHEREAS, on April 27, 2005 the City of Saratoga Planning Commission approved a use permit to locate a wireless facility at the site of the Heritage Orchard and Saratoga Library along Heritage Lane. The project consists of the installation and operation of one antenna concealed inside a new flagpole. An 8-foot by 12-foot United States of America flag is to be flown with up-lighting at night. Related equipment cabinets will be installed in the existing trash enclosure; and WHEREAS, on May 4, 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, 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 an antenna 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 as flag poles are a common occurrence at public centers, and that the aesthetic impact of the facility will be less than significant. • 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 Application No. 04-274, 13650 Saratoga Avenue 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 aesthetic impact of the design of equipment cabinet enclosure will be less than significant because the equipment cabinets will be located within the existing enclosure. NOW, THEREFORE, the Planning Commission of the City 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- 274 for Use Permit approval and the same is hereby granted subject to the following conditions: The equipment cabinets shall be located inside the existing trash enclosure as shown on Exhibit B, dated June 15, 2005. The equipment cabinets shall not impede the existing storage sheds, garbage bins or the regular access and removal of such bins and sheds. Minor modifications may be made to the door of the existing enclosure; however, all alterations shall identically match the existing enclosure to the satisfaction of the Community Development Director. 2. The flagpole shall be relocated closer to the entrance of the building as shown on the photosimulation labeled "Alternative Location 1," dated June 13, 2005. 3. The flagpole shall be painted a white color approved by the Community Development Director. The paint of the pole shall be maintained to the satisfaction of the Community Development Director. 4. Final approval of the location of the cabinets, minor modifications to the existing enclosure, the pole color, pole relocation and any changes to the landscaping shall be subject to approval by the Community Development Director. 5. If the subject site is decommissioned in the future, all antennas and related equipment shall be removed within 30 days of cessation of operation. 6. 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. 7. 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. Application No. 04-274, 13650 Saratoga Avenue 8. 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. 9. 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. 10. An 8-foot by 12-foot United States of America flag shall be flown unless the City determines another size is necessary to ensure proper proportionality between the pole and flag. The applicant shall maintain the flag in proper condition according to the Flag Code. 11. The applicant shall maintain the lighting, paint, and fixtures for the Flag and pole to the satisfaction of the City. 12. The maximum height of the equipment cabinets is 6'. There will be no equipment protruding out of the enclosure. HERITAGE PRESERVATION COMMISSION 13. The flagpole shall be up-lit at night or removed each evening depending on the City/Library Commission preference. The United State Flag code shall be observed. CITY ARBORIST 14. All recommendations contained in the Arborist Report received March 23, 2005 shall be followed. 16. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $32,130 to guarantee the maintenance and preservation of trees on the subject site. 17. Prior to Final Building Inspection approval, the Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of any required replacement trees, a favorable site inspection by the Arborist, and payment of any outstanding Arborist fees. Section 2. Construction must be commenced within 24 months or approval will expire. Application No. 04-274, 13650 Saratoga Avenue 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 15th day of June 2005 by the following roll call vote: AYES: Councilmember Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None Kathleen M. King, Mayor City of Saratoga