HomeMy WebLinkAboutCity Council Resolution 03-071
APPROVAL OF RESOLUTION NO. 03-071
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING THE APPEAL WHICH REQillRES
MODIFICATIONS TO THE APPROVED USE PERMIT APPLICATION
AT & T Wireless; 13000 Glen Brae Drive
WHEREAS, on September 10, 2003 the City of Saratoga Planning Commission
approved a use pennit for the installation of six panel antennas and an equipment
enclosure at the location of an existing 125 foot tall utility lattice tower; and
WHEREAS, on September 17, 2003 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, on November 5, 2003 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 detennination and findings of the
Planning Commission approval of the Use Pennit application with additional special
project conditions; and
WHEREAS, the proj ect, which includes the installation of six panel antennas and
an equipment enclosure, is categorically exempt fTom 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 pennit approval, and the following findings specified in Municipal
Code Section 15-55.070:
a) 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 pennitted use that is visually unobtrusive
and that the aesthetic impact of the facility will be less than significant
b) 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
ftequencyenergy.
c) 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 pennitted in this zoning district
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as
follows:
Section L After careful consideration of the site plan, architectural drawings, plans and
other exhibits submitted in connection with this matter, application number 03-105 for
Use Pennit Approval is hereby granted subject to the following conditions:
COMMUNITY DEVELOPMENT
1. All changes to the approved plans must be submitted in writing with a clouded set
of plans highlighting the changes. Proposed changes to the approved plans are
subject to the approval of the Community Development Director and may require
review by the Planning Commission.
2. Four sets of complete construction plans incorporating this Resolution as a
separate plan page shall be submitted to the Building Division.
3. The site survey shall be stamped and signed by a Licensed Land Surveyor.
4. The site plan shall contain a note with the following language: "Prior to
foundation inspection by the City, the LLS of record shall provide a written
certification that all building setbacks are per the approved plans."
5. All proposed landscaping shall be installed prior to final inspection.
6. The applicant shall be responsible for maintaining all equipment, structures, and
landscaping to the city's satisfaction.
7. Within 30 days of cessation of business, the applicant shall remove all equipment
and structures.
8. The Planning Commission shall retain continuing jurisdiction over the Use Permit
and may, at anytime modify, delete or impose any new conditions of the use pennit to
preserve the public health, safety and welfare.
PUBLIC WORKS
9. Developer shall install approximately 60' ofS-foot wide PCC (Portland cement
concrete) pathway in place of existing NC path that is directly beneath tower. The
extent of the new pathway shall be from the UPRR right-of-way to the north, to the
existing NC driveway to the south.
10. Developer shall submit a set of plans to the Saratoga Public Works Department
for review and acceptance of design for above item.
11. Developer shall obtain an encroachment pennit from the Saratoga Public Works
Department for the above stated work.
CITY ATTORNEY
12. Applicant agrees to hold City hannless 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.
PLANNING COMMISSION
13. Annual cumulative Radio Frequency emissions testing shall be conducted.
Reports shall be submitted to the planning department.
14. The immediate project site and subject equipment enclosure shall be screened by
landscaping from three angles including, but not limited to, Congress Springs Park,
adjacent residences, and Glen Brae Drive. Screening shall include a fast growing
native plant preferably drought tolerant. Oleanders shall not be used due to their
toxicity. A lilac or ficus may be used. IS-gallon minimum plants shall be used. At a
minimum, approximately 20 plants shall be installed. The landscape plan shall be
reviewed and approved by staff prior to building pennit issuance. Landscape bushes
with irrigation shall also be provide per exhibit A.
Section 2. Construction must commence within 24 months or approval will expire.
Section 3. All applicable requirements ofthe 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 fifteen days from the date of adoption
PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 5th
day of November 2003 by the following roll call vote:
AYES:
Councilmembers Stan Bogosian, Kathleen King, Nonnan Kline,
Vice Mayor Ann Waltonsmith, Mayor Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
Nick Streit, Mayor
ATTEST:
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Cat een Boyer, CMC
City Clerk
This pennit is hereby accepted upon the express tenns 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 tenns and conditions and agrees to fully confonn to and comply with said tenns
and conditions within the recommended time rrames approved by the City Planning
Commission.
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Property Owner or Authorized Agent
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Date