2001-015-Approving A Request To Install A Wireless Communication Facility Mounted On An Existing Pg&E Tower In Conjunction With A Recently Approved Sprint Installation Conditional UseRESOLUTIQN 2001-15
RESOLUTION GRANTING AN APPEAL OF A DECLSION OF
THE PLANNING COMMISSION APPROVING A REQUEST TO INSTALL A WIRELESS
COMMUNICATION FACILITY MOUNTED ON AN EXISTING PG&E TOWER IN
CONJUNCTION WITH A RECENTLY APPROVED SPRINT INSTALLATION
CONDITIONAL USE PERMIT: U-00-17
PROPERTY LOCATION: KENSINGTON WAY
PROPERTY OWNER: PG&E
APPLICANT: GENERAL DYNAMICS FOR VERIZON
APPELLANT: MARY JANE WHITEFORD
WHEREAS:
A. This matter came before Council for public hearing on January 16, 2001, on an appeal by
Mary Jane Whiteford (appellant) t11e 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 fromthe appellant and all interested
persons who wished to testify or submit documents. Council considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet of material
contained in the Council Agenda Report dated .January 16, 2001, along with .subsequent reports and
materials prepared concerning this application.
C. The applicant is requesting approval of plans to attach six panel antennas to the four legs of
an existing PG&E lattice tower. T11e subject parcel serves as a PG&E right-of--way for high voltage lines..
The proj ect will occupy approximately 459 square feet of area beneath the existing lattice tower and the site
will require visitation by service personnel once per month.
D. On April 12, 2000, the Planning Commission approved an application by Sprint to install a
PCS facility on the lower half of an existing. PG&E tower on Kensington Way. On May 17, 2000, GTE
submitted an application to install a co-locate additional antennas and equipment on the same tower at a
height of 82' 2". The application was approved by the Planning Commission on October 11, 2000..
1
E. The appeal is based on appellant's beliefthat the Commission erred or abused its discretion
because there was no plan for this type ofuse and members of the community were not provided the proper
notification concerning the project.
F. The appeal must be granted in order to modify the Planning Commission action approving
a project proposal that would have a greater impact. than the proposal discussed before Council.
G. Council finds pursuant to Town Code section 29:20; 03 0 that new information was presented
to the Council that was not readily available at the time of the Planning Commission review, specifically
plans showing an option that includes smaller antennas mounted higher on the tower. However, Council
further finds that this new information does not require additional consideration by the Planning
Commission because its impact is ess than that of the project proposal that was already approved by the
Commission.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use Permit: U-00-17
is granted and the revised plans datedNovember 15, 2000 arehereby approved except that equipment shall
be mounted no more than 5 feet above the height of the .existing PG&E tower.
2. The Conditions of Approval as recommended to the Planning. Commission on October 11,
2000, et out in Exhibit 7 to the Town Council Staff Report, dated January 16, 2001, are hereby adopted
as the Conditions of Approval of Conditional Use Permit U-00-17.
3. The decision constitutes afinal administrative decision pursuantto 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
or federal law.
2
PASSED .AND .ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the St" day of February, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Przynslci,
NAYS: None
ABSENT: None
ABSTAIN: None ~ /®.
SIGNED:
AYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
c~
CLERK OF TPIE TOWN OF ~O GATOS
LOS GATOS, CALIFORNIA
3
PLANNING COMMISSION MEETING
'.RECOMMENDED CONDITIONS OF APPROVAL
'Kensington Way
Conditional Use Permit U-00-17
Requesting approval to install wireless communication facility mounted on an existing. PG8~E tower
in conjunction with a recently approved Sprint installation, on property zoned R-1 :8.
PROPERTY OWNER: PG&E
APPLICANT: Whalen 8~ Co for GTE Wireless
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Section)
1. EXPIRATION OF APPROVAL. The Conditional Use Permit will expire two years from the date of
approval unless the approval is used before expiration. Section 29.20,335 defines what constitutes
the use of an .approval granted under the Zoning Ordinance.
2. PAINT AND MATERIALS. The applicant shall paint the antennas to match the .Pacific Gas &
Electric tower prior to final inspection..
3. LAPSE IN'USE. If antennas are not used for a continuous six month period, they shall be removed
from the building by the. propeity owner.
4. TECHNOLOGY UPGRADES, If technology improves, the antennas shall be made smaller and shall
immediately .replace the larger units, Prior to the replacement, the'Planning Department must
approve the change and all required permits .must be obtained,
5. COMPLIANCE WITH AGENCY REGULATIONS. The construction and operation of the approved
use shall comply at all times with the regwlations of this or any other governmental agencies.
6. COMPLIANCE WITH FCC AND CPUC REGULATIONS. The continued use of this conditional use
permit shall be subject to the current and future regulations of the Federal Communications
Commission and the California Public Utilities Commission.
{Building Section)
7. PERMITS :REQUIRED: A building permit application shall be .required for the proposed structure.
Separate Electrical/Mechanical/Plumbing permit shall be required as necessary..
8, CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on :the cover sheet of
construction plan submitted for building permit.
9. SIZE OF PLANS: The maximum size of construction pianssubmitted for building permits shall be
24 in. X 36 in.
10. PLANS; The construction plans for this project shall be .prepared under direct supervision of a
licensed architect or engineer. (Business and'Professionals Code Section 5538).
11. FOUNDATION INSPECTIONS; A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the .project building inspector upon foundation. inspection. This
certificate shall certify compliance with the recommendation as specified in the soils report and the
building pad elevation and on-site retaining wall locations and elevations are prepared according
to approved plans. Horizontal and vertical controls shall beset and certified by a licensed surveyor
or registered civil engineer for the following items:.
a, pad elevation
b. foundation corner locations
12. SPECIAL INSPECTIONS:1Nhen aspecial inspection is required by UBC Section 1701., the architect
or engineer of record shall prepare an inspection program that can be submitted to the Building
Official for approval prior to issuance of the Building Permit, in accordance with UBC Section
106..35. 'Please obtain Town Special Inspection form from the Building Department Service Counter.
The Town Special Inspection schedule shall be blue-lined on the construction plans.
N;\DEV\CONDITNS\U-00-17.DR1 Page 1 of 2
E%HIBIT A
13, NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source .pollution Control Program specification sheet shall be part of plan submittal, The
specification sheet (size 24" x 36") is available at the Building Department service counter.
14. APPROVALS REQUIRED.: The project requires the following agencies approval before issuing a
building permit:
a. West Valley Sanitation District: 378-2407
b. Santa Clara County Fire Department: 378-4010
TO THE SATISFACTfON OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Parks and Forestry Section)
15. GENERAL. All newly planted trees and shrubs shown on the plan are specific subjects of approval
of this plan, and must remain on site,
N:\DEV\CONDITNS1U-00-17:DR1 Page 2 of 2