1994-136-Permission To Install Roof Mounted Cellular Panel Antennas And An Equipment Building On Property In The CH ZoneRESOLUTION 1994 -136
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL
OF PLANNING COMMISSION DECISION TO APPROVE A
REQUEST FOR PERMISSION TO INSTALL ROOF MOUNTED
CELLULAR PANEL ANTENNAS AND AN EQUIPMENT BUILDING
ON PROPERTY IN THE CH ZONE CONDITIONAL USE PERMIT
APPLICATION U- 91 -12A
(PROPERTY ADDRESS 16400 LARK AVENUE /
OWNERS: ROBERT W. KELEZ /APPLICANT: MEGAN MATTHEWS/
APPELLANT: MARK G. WAGNER)
WHEREAS:
A. This matter came before the Council for public hearing on August 1, 1994, on
appeal from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. The Council received testimony and documentary evidence from the appellant,
applicant, and all interested persons who wished to testify or submit documents. The
Council considered all testimony and materials submitted, including the record of the
Planning Commission proceedings and the packet attached to the Council Agenda Reports
dated July 18 and July 24, 1994, concerning this application.
C. The Council has also considered and reviewed information concerning a prior
application by GTE Mobilnet for placement of a more extensive cellular facility at the
Fisher School, and in making this decision, the Council has considered the information and
testimony that it received in connection with its decision to deny certification of the Draft
EIR for that previous application.
D. The proposed location of the cellular antennas will be in an existing
commercial area and not adjacent to residences.
E. The prior application for placement of a facility at Fisher School was
fundamentally different in that schoolchildren would be required to be present for extended
periods of time and would be exposed, and the information provided regarding such
exposure on the young was not adequate to reach a certification.
F. The findings and reasoning of the Planning Commission on this application
are adopted, and the Commission did not err.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Conditional Use
Permit Application U- 91 -12A is denied, the decision of the Planning Commission is upheld,
and Conditional Use Permit Application U- 91 -12A is approved subject to the conditions
attached as Exhibit A hereto.
This 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 or federal law.
PASSED AND ADOPTED at an adjourned regular meeting of the Town Council
of the Town of Los Gatos, California, held on the 22nd day of August, 1994 by the following
vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Mayor Randy Attaway
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
MAYOR F THE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
c — clC�
CLERK OF THE TOWN OF / S GATOS
LOS GATOS, CALIFORNIA
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EXHIBIT A
CONDITIONS OF APPROVAL ON
CONDITIONAL USE PERMIT APPLICATION U- 91 -12A
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. All conditions on this application shall be included on the cover sheet of the Building
Permit plans.
2. RFR Hazard warning signs shall be posted in the vicinity of the access door to the
roof.
3. A tree removal permit shall be obtained prior to issuance of a building permit.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE SERVICES:
4. Newly planted trees shall be double- staked, using rubber tree ties and shall be
planted prior to occupancy.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
5. Applicant shall provide fuel supply information for generation to Hazard Material
Specialist at Central Fire.
6. Applicant shall provide plans and permit fees to Central Fire for halon protection
system.
7. Applicant shall provide an approved fire district key box for the proposed building.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY ENVIRONMENTAL
HEALTH DEPARTMENT:
8. Clearance shall be obtained from Office of Toxics Enforcement for the diesel fuel
storage tank.
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