HomeMy WebLinkAboutCity Council Resolution 01-046RESOLUTION NO. 01-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND DENYING THE APPEAL OF
USE PERMIT APPLICATION UP-00-013
WHEREAS, pursuant to Article 15-55 of the City of Saratoga Zoning Ordinance an application was
made to the City of Saratoga for Use Permit approval for the installation of nine cellular antennas on
an existing utility lattice tower and a grotmd equipment cabinet (Wireless Communication Antenna
Facility); and
WHEREAS, following consideration and approval of the Use Permit application by the Planning
Commission on April 25, 2001, the decision of the Planning Commission was appealed by the
applicant Frank Marolda in accordance with Article 14-90 of the Saratoga City Code; and
WHEREAS, the City Council conducted a de novo public hearing on the matter at which time
any person interested in the matter was given the full opportunity to be heard and to present
evidence on June 20, 2001; and
WHEREAS, the City Council reviewed and considered the Use Permit proposed by the applicant
in the exhibit marked "Exhibit A," all as more particularly set forth in File No. UP-00-013 of this
City; and
WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings
conducted by the Planning Commission relating to the application, and all written and oral
evidence presented to the City Council in support and in opposition to the application; and
WHEREAS, the Planning Commission and the City Council have conducted duly noticed public
hearings in connection with this matter at which time all interested parties were given a full
opportunity to be heard and to present evidence; and
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows:
SECTION 1. The City Council of the City of Saratoga hereby finds that:
That the proposed wireless communication antenna facility is in accord with the
objectives of the Zoning Ordinance and the purpose of the district in which it is
located in that it is a conditionally permitted use that is visually unobtrusive.
That the location of the proposed wireless communication antenna facility and the
conditions under which it would be operated or maintained will not be detrimental to
the public health, safety, or welfare, nor materially injurious to properties or
improvements in the vicinity, in that an Environmental Initial Study and Negative
Declaration were prepared that found that the facility will be operated under the
restrictions imposed by the FCC to insure safety with respect to limiting human
exposure to radio frequency energy; and that the aesthetic impact of the facility will
be less than significant.
That the proposed wireless communication antenna facility complies with each of the
applicable provisions of the Zoning Ordinance in that the location, height, size and
use proposed are conditionally permitted in this zoning district.
Therefore, the Planning Commission decision should be upheld and the appeal should be denied.
SECTION 2. The City Council hereby upholds the decision of the Planning Commission and denies
the appeal of Use Permit Application UP-00-013.
The above and forgoin~ resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 18 day of July, 2001 by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Evan Baker, Ann Waltonsmith, Vice Mayor Nick Streit
None
Councilmember Stan Bogosian, Mayor John Mehaffey
ABSTAIN: None
Nick Streit, Vice Mayor