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
PROPERTY LOCATION: 20 E. MAIN STREET
PROPERTY OWNER: E.A. MAAS
APPLICANT / APPELLANT: METRICOM, INC.
WHEREAS:
A. This matter came beforeCouncil for public hearing on June 4, 2001 , on an appeal by
applicant/appellant (Metricom, Inc.) from a decision of the Planning Commission 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. Council considered all testimony and
materials submitted, including the record of the Plam- ing 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. The facility will consist of two rooftop mounted "sleds"
on the East and West elevations, each containing four flat panel antennas. To screen the antennas, a
screen painted white will be mounted to the front of each sled. The wall mounted antennas will be
painted to match the color of the wall on which they are mounted.
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 Commission failed to consider the community benefit
of the project outweighing the visual impacts of the proposed equipment and screening.
F. Appellant withdrew the appeal.
G. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use Permit U-99-
1 i 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 limits and pursuant
to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required
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`" 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:
9AYO TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
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