2001-069- Denying An Appeal Of A Planning Commission Decision Denying A Request To Approve A Conditional Use Permit For A Wireless Communications Facility.RESOLUTION 2001 - 69
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION
DECISION DENYING A REQUEST TO APPROVE A CONDITIONAL
USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY.
CONDITIONAL. USE PERMIT: U-99-01
PROPIRTY LOCATION; 20 E. MAIN STREET
PROPERTY OWNER: E.A, MAAS
APPLICANT /APPELLANT: METRICOM, INC.
WHEREAS:
A. This matter carne beforeCouncil for public hearing on Jtu1e 4, 2001 , on an appeal by
applicant/appellant (Metricom, Inc,) from a decision of the Planning Comnussio~n and was regularly
noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and.. all
interested persons who wished to testify or submit documents. Coiuicil considered all testimony and
materials submitted, including the record of the Plamling Commission proceedings .and the packet of
material contained in the Council Agenda Report dated May 23, 2001 and the Addendum dated June 1,
2001,. along with subsequent reports and materials prepared concerning this application..
C. The applicant is requesting .approval to construct a wireless data facility on the roof of
the Penthouse Apartments, 20 East Main Street. Thefacility will consist of two rooftop mounted "sleets"
on the East .and West elevations, each containing four flat panel antennas. To screen the anteinias, a
screen pailited white will be mounted to the fiont of each sled. The wall inotiuited antennas will be
painted to match the color of the wall on which t11ey are moiuzted.
D. The Planning Commission first considered the matter on August 23, 2000 and continued
the matter with directions to provide screening. and to propose alternate antenna designs. The
Commission considered the application a third time at its March 28, 2001 meeting and denied the
application,
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E. Appellant claims that the Planning Conunission failed to consider the coiizmuilty benefit
of the project outweighing the visual impacts of the :proposed equipment and screening.
F. Appellant withdrew the appeal.
G. The Planning Conuiussion decision was correct.
RESOLVED:
1, The appeal of the decision ofthe Planning Commission on Conditional Use Perlnit U~99-
11 is denied.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094,6 as adopted by section 1.,10,085 of the Town Code of the Town of Los Gatos.
Any application for judicial relief from this decision must be sought within the time ln2its and. ptusuant
to the procedures established by Code of Civil Procedure section i 094.6, or such shorter time as recluircd
by State and Federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 18`x' day of June, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Sandy Decker, Steve Glickman,
Mayor .Joe Pirzynski,
NAYS : None
ABSENT: Steve Blanton
ABSTAIN: None ~ ~ ~~
SIGNED:
AYOR ~ E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
r~~~-~?~~~ ~ E ~
CLERK ~OF THE TOWN OF OS GATOS
LOS GATOS; CALIFORNIA
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