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Home My WebLink About08-01-1990 COUNCIL AGENDA STAFF REPORTS16 ! EXECUTIVE SUMMARY NO. / v ` MEETING DATE:8 1 90 ORIGINATING DEPT.: Planning V in AGENDA ITEM: CITY. MGR. APPROVA SUBJECT Appeal of UP -90 -004 and V -90 -020 Recommended Motion: Deny the appeal by upholding the Planning Commissioner's denial of UP -90 -004 and V -90 -020. Report Summary: The applicants requested use permit approval to construct a mono- pole cellular transmission tower and utility building. Variance approval was also requested to allow the tower structure to exceed the allowable height limit in the Professional and Administrative Office (P.A.) zone district per Chapter 15 of the City Code. Though the Planning Commission was not adverse to the use permit request to improve cellular transmissions within Saratoga, the Commission was unable to make the necessary variance findings to approve the project. Fiscal Impacts: None. Attachments: 1. Memo from Planning Director 2. Report to Planning Commission dated 7/11/90 3. Resolutions UP -90 -004 and V -90 -020 4. Minutes Motion and Vote: 7/11/kODate Received: Hearing Date: _ Fee : 4 I /Sov CITY * USE 0 APPEAL APPLICATION ' Name of Appellant: G�� N3l S Address: 3375 SCE ��d �r sou.► C RIBA �� -- Telephone: I -\37) _ Name of Applicant: Mo\6, -} Project File No. V -90 -0W \R -90 - 00'4 Project Address: _ Ta,ZSfcC LawRekcc A �w1v�p T Project Description: CatsT�.xT>� QF p, �}�;' - Mo,JOPd>_ STky ( -(,as A)4)) Decision Being Appealed:, „�� „�,,�ISS,� N t ► 6M1' ))1 CRC O A"o �T Grounds for the Appeal (Letter may be attached) : 6 -ft MO&Lu r-( of - AL �k -AN>v ►4416 \Iptaw -c-e— iircL- C'S<L0 ,S nQT »�c�.s►�t�T ,�►T>, S'f�c.�c't�at) CIS V�� a� '(1is: S�i3�F�f gRC.i` o�z � 'ilaL ►ntinAeDr-j(t— IVANj' le. H.A 6PDLt ,N4% 7 v�IU -r ® CEI.Wa q^L T�ERL t S Ar• eSSL� ?W►� Cor�,..l .,.�►wti� ,.I�irto2lt� P040 • 3C�t�.�1'7 -T\iC C1Tze�S. or S�TO6A � )�.fT�3�..� Ott« �+��;7 �s�•� •. AQ 9 �(s s ►>:., � �� w VS ,; d,s S"..1, ._ � T� �,-:. 1�� l 1,. a- c A pellant's isnature *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. TNTS APP! „IC,MON MIDST BE SUBMITTED WITFiIM TCN (10) CALCMDAR DAYS OF I J 1; DA' 1: U !• T N k: D Cc.��I O. 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO_ City Council DATE: 7/31/90 FROM: Planning Staff SUBJECT: Appeal of UP -90 -004 and V -90 -020 At their July 11th public hearing, the Planning Commission-con- sidered a request for use permit and variance approval to allow the construction of a 45 foot tall monopole cellular transmission tower. Per Chapter 15 of the City Code, use permit approval is required to allow a public utility or power station within the Professional and Administrative Office (P.A.) zone district. Variance approval was also requested to allow the tower structure to exceed the maximum allowable height of 30 feet in this dis- trict. The staff report concurred with the applicant that the unusable triangular corner of this 11,519 s.f. site was an appropriate location for this type of use. The subject property is bordered by the Lawrence Expressway to the west, Saratoga Avenue to the east and miscellaneous office and commercial uses to the north. The latter uses being within the jurisdiction of the City of San Jose. The Planning Commission also agreed with the applicant that the improvement of existing cellular communications within Saratoga would be an appreciated asset to many residents. However, nei- tYier staff nor the Commission could make the necessary findings to approve the variance request. Since the use permit was con- tingent on the approval of the height variance, both UP -90 -004 and V -90 -020 were denied by a 3 -2 vote. I Staff is now recommending that the City Council uphold the Plan- ning Commission's decision to deny the project. Staff is also requesting direction from the Council regarding the perceived 1 I need to address cellular transmission towers separately from the general height restrictions of a particular zone district., For example, licensed amateur radio station antennae are allowed to exceed general zoning restrictions up to a maximum of 55 feet. Respectfully submitted, i 1 I AS'TEPHEt EM IE, Planning Director SE:cw 2 REPORT TO THE PLANNING COMMISSION Application No. /Location: V -90 -020, UP -90 -004; Lawrence Expressway Applicant /Owner: GTE Mobilnet Staff Planner: George White Date: 7/11/90 APN: 366-10-49 Director Approval: C 1 Sb by u� f8t7g 18560 jB4rlo- 38 -10 -4 b SS 386 - /O- 384 G6 ' y 18SSZ 7 �857� s6 cr, 394 4t 0 lei /9 i �8 %La 18711 29- �1Z� 18699 ssb -t2- p� 5's Mobs 366'23- 1 S4 18675 c 3W 3- 18727 1 (7) 39 386,23- (6) 48 • (4') 386r23- __ 49 52 8651 38� -E3- 51 3Yl.-s3 37 File No. GTE Mobilnet, UP -90 -004, V -90 -020 EXECUTIVE SUMMARY CASE HISTORY• Application filed: 5/21/90 Application complete: 6/21/90 Notice published: 6/27/90 Mailing completed: 6/28/90 Posting completed: 6/21/90 PROJECT DESCRIPTION: Applicant requests a use permit to construct a monopole cellular transmission tower and utility building and re- quests a variance to exceed the allowable height limit in the P -A zoning district per Chapter 15 of the City Code. PROJECT DISCUSSION: The proposal is a conditionally allowed use in the P -A zoning district, however, plans call for the monopole tower to be 45 feet in height which exceeds the allowable limit by 15 feet. STAFF RECOMMENDATION: Deny.both the Use Permit and the Variance application. ATTACHMENTS: 1. Staff Analysis 2. Resolution UP -90 -004, V -90 -020 3. Plans, Exhibit "A" 4. Letter from applicant. kah:ws5 \gw \perpt \dr ZONING• P -A PARCEL SIZE: 11519 sf STAFF ANALYSIS GENERAL PLAN DESIGNATION: PA AVERAGE SITE SLOPE: Less than 2 %. GRADING REQUIRED: None required. LOT COVERAGE HEIGHT• SIZE OF 1st STRUCTURE: 2nd SETBACKS: PROPOSAL 2% 45 feet Floor: 250 sf Floor: 0 TOTAL: 250 sf Front: 110 feet Rear: 48 feet Side: 10 feet Side: 10 feet PROJECT DESCRIPTION: CODE REQUIREMENT( ALLOWANCE 30% 30 feet Front: 25 feet Rear: 35 feet Side: 10 feet Side: 10 feet Backround -The project site is located on a triangular lot on Lawrence Expressway near the intersection of Quito Rd and Saratoga Rd. Access to the property is off Saratoga Ave in San Jose. A portion of the parcel is currently being used as a parking area for commercial uses nearby. The remainder of the lot is vacant except for an existing storage shed and a billboard sign. The lot is on the edge of the city limits with two sides bordering on San Jose. Use Permit Discussion -The proposal calls for the construction of a monopole cellular transmission tower and a 250 square foot utility structure. This public utility is a conditional use in the P -A zoning district and, therefore a Use Permit is required. Staff has visited the site and concurs with the applicant that this is an appropriate use for the irregularly shaped lot. Except for the height require- ment, the proposal meets all the requirements of the code including setbacks and height for the utility building. Variance Discussion -A variance is required because the proposal ex- ceeds the allowable 30 foot height limit. The tower is proposed to be 45 feet in height.'The site plans call for placing the monopole directly adjacent to the existing billboard sign. The sign is roughly 30 feet in height. The pole will rise an additional 15 feet . After a site visit and careful evaluation of the submitted plans, staff feels that the placement of the proposed pole on the this site will have an overall negative impact on the surrounding public and private views. The finding cannot be made that granting this variance would not constitute a special privilege, therefore, staff recommends denying the variance application. Staff also recommends denying the use permit application, however, it should be noted that staff could support a project of this type that meets the 30 foot height require- ment. RECOMMENDATION: Since the findings cannot be made for the variance application and since the use permit approval is contingent upon obtaining a variance, staff recommends denying both the use permit and the variance applications. 0t-oil L N 40'0, E=IVE �.INPS - '19ci1• 3'0° - R�WA�IE 0 it JO+JIG+4 'oiG.lo$O' 'OR1: SE 'CtS. qm W_v '�IzsmM, FUEL ?F�•1K r- -PROM-my LWE 15'-d r 212. • S DZ� 0; 2p` E -�c- o —��e �} C7x1C.P.4J -, u�i� W)GRAVEL !F�. —> :�= Yi ~ —._, —. •- M LO FTC. �,..- ct/r�_ :vL°�uc FLLE� �• •- �, �LLI�tDS rrte. 7 n le Cl a u. T"Y W /SU:por SEE ELEC DWGS. J _ —<EI L (_ StiEL COL3�^:5 1 ) 61LL6p s Rp A�oVE — (N)CHN14 UWKMWCE W/ °LAz,nc SLA CHAIN UNK =Et4M -- ) \ Rd S U. m 'I , iu n I ar::, cn �' ^ a,� ^.. � a � / � � - \ � \ � AL _- SOLUTION NO. UP -90 -004 A RESOLUTION OF THE SARATOGA PLANNING COMMISSION CITY OF SARATOGA APPROVING USE PERMIT GTE Mobilnet;Lawrence Expressway WHEREAS, The City of-Saratoga Planning Commission has received an application for Use Permit Approval to construct a monopole cellular transmission tower and; WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission finds: (a) That the proposed is not in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, and other exhibits submitted in connection with this matter, the application of for use permit approval be and the same is hereby denied. Section 5. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 11th day of 1990 by the following vote: AYES: MORAN, CALDWELL, TUCKER NOES: BURGER, TAPPAN ABSENT: KOLSTAD, SIEGFRIED ATTEST: SecrLftary,ePlanning Commission Ei Chairman, Planni g Commission ATTEST: ecr ary Planning commission RESOLUTION NO. V -90 -020 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA GTE Mobilnet;Lawrence Expressway WHEREAS, The City of Saratoga Planning Commission has received an application for Variance Approval of exceeding the allowable height limit; WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the applicant has not met the burden of proof required to support his said application, and the Planning Commission makes the following findings: 1. Granting of the variance will constitute a grant of special privilege inconsistent with limitations on.other properties in the same zoning district in that other properties in the P -A zoning district are limited to 30 feet for an antenna structure and this proposal calls for a 45 foot transmission tower. 2. That because no special circumstances exist that are applica- ble to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of GTE MOBILNET for variance approval be and the same is hereby denied. Section 6. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga'City Code, this resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 11th day of July, 1990 by the following vote: AYES: MORAN, CALDWELL, TUCKER NOES: BURGER, TAPPAN ABSENT: KOLSTAD, SIEGFRIED 1 Chairman, Plann' g Commission PLANNING COMMISSION MEETING July 11, 1990 Page 19 PUBLIC HEARINGS Continued 10. V -90 -020 GTE Mobilnet, intersection of Lawrence Expwy. and UP -90 -004 Quito Road, request for a use permit to construct a utility tower and a variance to exceed the allowable 26 -foot height limit in the P -A zone district per Chapter 15 of the City Code. ----------------------------------------------------------------- Commissioner Burger reported on the land use visit. Planner Walgren presented the Report to the Planning Commission dated July 11, 1990. The public hearing was opened at 9:53 p.m. A representative of the applicant, 3375 Scott Blvd., Santa Clara, addressed the Commission. In response to a question from Commissioner Tappan regarding the viability of a 30 -foot tower, he responded that 40 -45 feet is the ideal height for such a tower. Mr. Lary Colwill, Radio Engineer, 3375 Scott Blvd., Santa Clara, addressed the Commission. He responded that an antenna height of 30 feet would not work in this location or very few other locations. He said several heights were tested and the 40 -45 foot height is optimum height for the tower. A photograph of the antenna was circulated. Mr. Colwill reviewed how cellular service will impact Saratoga. He said currently service to Saratoga is being provided by towers outside of Saratoga. As usage of cellular service grows, other sites must be provided. GTE is at a point where to provide the service it is obligated to provide it will have to put sites within Saratoga. Antennas of this height will be necessary if cellular service is to be provided to the City of Saratoga. In response to a question from Chairperson Tucker, Mr. Colwill responded that in the future further requests will.be made to construct other towers in Saratoga. He said this tower will not provide good service to downtown Saratoga. MORAN /BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 10:03 P.M. Passed 5 -0. In response to a question from Chairperson Tucker, Mr. Toppel said a section of the zoning ordinance deals with radio antennas and is designed and applied exclusively to amateur radio operators. It does not apply to a commercial type of antenna and the normal zoning ordinance applying to structures is applied in this case. PLANNING COMMISSION MEETING July 11, 1990 Page 20 PUBLIC HEARINGS Continued Commissioner Moran said she could not make the findings for a variance and agrees with the staff report. She said perhaps an ordinance change should be considered in the future to accommodate this type of need. Commissioner Tappan stated if a statistical study were done Saratoga would be a large customer for this type of service. He said the Commission should want to enhance services for the citizens of the City. Commissioner Caldwell stated she was not even in favor of the billboard on the property and if given the option to make the decision on the tower today on a 30 -foot structure she would deem that an appropriate use of the property. She said she agreed with the variance analysis in the staff report regarding this proposal. Commissioner Burger stated she believed the tower could probably be constructed at 45 feet and nobody would notice it because that entire parcel is generally a "mess" and this tower would probably not make much difference. She said she would like to see the tower at 40 feet instead of 45 feet. Mr.. Toppel noted the staff analysis was based primarily upon not being able to make a finding of special privilege but an argument could be made of not being able to make a finding of exceptional or extraordinary circumstances. There are other options available. He expressed concern that if this is not resolved at the local level and if forced to defend the record of denying a variance he would like to deny on as many grounds as possible. He requested that the Commission predicate the denial on not only absence of conferring special privilege but also on the absence of any exceptional or extraordinary circumstances. MORAN /CALDWELL MOVED TO DENY V -90 -020 AND UP -90 -004 WITHOUT PREJUDICE AND DIRECTED STAFF TO AMEND THE - RESOLUTION TO INCLUDE A FINDING THAT THERE ARE NO EXCEPTIONAL PHYSICAL CIRCUMSTANCES RELATED TO THIS PROPERTY. Commissioner Tappan pointed out the members sit on a Commission in which part of the responsibility is to provide good service to the citizens of Saratoga. Saratoga, on a per capita basis, is likely a very large user of this type of service and the tower is proposed to enhance that service. He did not think the Commissioners should forget that. Chairperson Tucker said she fully understands Commissioner Tappan's comments but is having a problem that this is a special privilege in how it has to be looked at. The other concern is that the PLANNING COMMISSION MEETING July 11, 1990 PUBLIC HEARINGS Continued Page 21 applicant stated this is not the only one they would be requesting and the next request may be in a neighborhood. Commissioner Tappan commented the Commission is hamstrung by the variance finding procedure with respect to this project. The motion for denial passed 3 -2; Commissioners Burger and Tappan - were opposed. 11. V -90 -014 Houston, 14082 Chester Ave., request for variance approval to construct a pool. 11 feet within the exterior side yard setback where 25 feet is required in the R -1- 40,000 zone district per Chapter 15 of the City Code. Commissioner Moran reported on the land use visit. Planner Walgren presented the Report to the Planning Commission dated July 11, 1990. He said staff transmitted the site plan to the Santa Clara Valley Water District who was not interested in obtaining a dedication over the creekbed but did request that no development be allowed within 15 feet of the top of the bank. In response to a question from Commissioner Caldwell, Mr. Walgren stated that because of the access road, the parcel is considered an exterior corner parcel and the street frontage.would require a 3- foot fence. The fence that currently exists is a 6 -foot fence and is considered to be an existing nonconforming fence. Mr. Toppel pointed out that there is a section of the building regulations that requires all pools to be enclosed with not less than a 5 -foot fence. If for any reason the fence should come down it would have to be replaced with a 3 -foot fence to conform to the ordinance. An inconsistency exists which is normally not an issue because pools are usually in the back yard but this type of situation would not address that and there would have to be a variance. Mr. Emslie clarified that if a variance is granted the Commission guarantees there will never be a code conforming 3 -foot fence. Commissioner Moran questioned the location of the proposed spa and waterfall. The public hearing was opened at 10:18 p.m. Mr. Jerry Houston, applicant, addressed the Planning Commission. He said-he did not think the spa and waterfall should be made an issue because they are not part of the variance and questioned why they were. Mr. Walgren explained it was brought up due to the Matteoru' .1 Saxe Nan A W T E R July 25, 1990 Mayor Karen P. Anderson 19887 Sea Gull Way Saratoga, CA 95070 Re: Appeal of Denial of Use (UP90 -004) and Variance GTE Mobilnet, Lawrence Dear Mayor Anderson: �r RE C E � WE" DD JUL 2 71990 CITY OF SAR.A' OGA CITY MANAGER'S O"ICS Permit (V -90 -020.) Expressway K,hiak Ccn;c- 174' Technnlu; + S,a,': 408 441 -7&'% FAX 4;'18 441 -7 Norman F. Nlouc.,::: ltan \iar, arc; F_ik;rNar,:.: 01 1,..,�t Cock, �L,sIic F. 1_okc• This office represents GTE Mobilnet, who seeks a use permit and variance from the City of Saratoga to operate a cellular telephone communications facility. The proposed site for this facility is a triangular shaped lot located on Lawrence Expressway at the intersection of Quito Road and Saratoga Avenue. The variance is requested to allow a proposed 45 -foot high monopole antenna tower. As stated in the Staff Report to the Planning Commission, except for the height requirement, GTE's proposed facility meets all the requirements of the code. The site is in the P -A zoning district, which provides, in pertinent part that: "No structure shall exceed 30 feet in height." ( §15- 18 -090a) The term "structure" is not defined in the Saratoga Municipal Code. This raises the question whether the 30 -foot height limitation was intended to apply to an antenna tower as proposed by GTE. Solely for purposes of this appeal, we will assume that the 30 -foot high limitation does apply to an antenna tower. The Planning Commission's resolution denying the variance approval states that the granting of this variance would constitute a grant of special privilege in that "other properties in the P -A zoning district are limited to 30 feet for an antenna structure." We disagree with this finding of the Planning Commission. There are other antenna -type structures and utility poles which do exceed the 30 -foot high limitation in the P -A zoning district. The code provides for exceptions to height limita- tions, including chimneys, flagpoles, spires, and similar appurtenances; and utility poles are not subject to the height .An .A. cco,n 1, l!"! C, aI. Mayor Karen P. Anderson July 25, 1990 Page Two limitations ( §15- 80.020). In addition, pursuant to §15- 80.080(e) (1) , antennas that are roof - mounted can exceed 15feet in height above the peak of the roof. As for ground- mounted antennas, there is a 30 -foot height limitation, except in the case of amateur radio station antennas which are allowed to be erected to a height of 65 feet [ §15- 80.080(e)(3)]. Consequently, it is our opinion that GTE's proposed antenna tower is similar to other such towers, antennas and utility poles in the P -A district which are allowed to exceed the 30- foot height limitation, and accordingly, the granting of this variance would not constitute a grant of special privilege inconsistent with limitations on other properties in this zoning district. It is also important to note that this subject lot is an irregular triangular shaped lot which limits the useability of the lot. The proposed communication facility which would consist of the antenna tower and a 250 square foot utility building is well suited for this unique lot. For your further information, I have enclosed an outline of GTE's proposed project which focuses on the need for GTE telecommunication services in this area and its status as a public utility regulated and authorized to operate pursuant to the Federal Communications Commission and the California Public Utilities Commission. Based on the foregoing, we respectfully request the City Council to overturn the Planning Commission's denial of the variance approval and use permit approval to allow GTE to construct its cellular communication facility which would include the necessary 45 -foot high antenna tower. Very truly yours, PEGGY M. COCKER PMC:md enc. cc: Harry Peacock, City Manager Hal Toppel, City Attorney City Clerk GTE MOBILNET CELLULAR COMMUNICATION FACILITY CITY OF SARATOGA NEED FOR PROPOSED PROJECT GTE Mobilnet's proposed cellular communication facility is essential to: 1. Improve the poor cellular communications currently existing in this area of Saratoga, 2. Provide service for the growing cellular market in Saratoga, and 3. Establish the necessary structures to facilitate emergency crews in the event of a disaster. PUBLIC BENEFITS OF THE PROJECT In 1984, The Federal Communications Commission (FCC) authorized GTE Mobilnet to construct and operate one of two cellular mobile telephone systems in the San Francisco, Oakland, and San Jose Metropolitan Statistical Areas. The California Public Utilities Commission (CPUC) , in its role as regulator of telephone service within the state, licensed construction and operation of the telephone system as a public utility. Business, government, and emergency service agencies in the Bay Area have all expressed interest in a reliable mobile communication system. Design at all cell sites for independent power allows the GTE Mobilnet System to remain operational in the event of an emergency and any disruption of power from PG &E. For example, the usefulness of cellular telephones in emergencies was illustrated most dramatically after the October 17, 1989, earthquake when workers unable to use conventional land lines relied on mobile phones to direct rescue operations, such as the Cypress Structure. Cellular phones are becoming standard equipment for use by civil authorities, including police and sheriff departments. CELLULAR SYSTEM OVERVIEW Most mobile communications systems operating prior to cellular systems utilized one high powered transmitter strategically located on a high hill or tower to communicate with all mobile units within a geographic service area. Each of the systems channels could handle one call at a time. This type of system could not provide quality service on a large scale. The Cellular Phone System addresses these limitations. It is a system that divides a service area into sub- parts called cell sites. Each cell site encompasses low- power, low -level transmitters and a control system. Location and height are critical factors in order to prevent interference. Properly situated cellular channels may be used simultaneously 20 or more times in an urban area. The increase in consumer demand forces an increase in the cellular system capacity. Properly situated cell sites must be added between the larger cell sites. WESTGATE /SARATOGA AREA GTE Mobilnet has chosen this location at 1777 Saratoga Avenue to upgrade mobile telephone service in the Westgate /Saratoga area. The cell site was selected after investigation of topographic characteristics, frequency analysis, adjacent cell connections, and land use compatibility. This facility will be located in a commercial area, currently zoned P -A, in an ideal position to coordinate with other GTE Mobilnet cell sites in the Santa Clara County Area. LAND USE CONCERNS The proposed cell site is designed to fit in with existing features to the extent possible and to minimize environmental disruption. Except for the tower, all equipment will be housed out of view. There will be no traffic generated from operation of the unmanned site except the periodic maintenance visit once every forty -five (45) days. All structural designs reflect environmental hazard standards and the equipment and tower are designed to meet seismic (earthquake) standards and maximum wind loads. Electronic interference between the cellular system and commercial radio, television, or civilian aeronautical communication should not occur. The 45 -foot high antenna tower is the minimum necessary to assure adequate communication coverage for this area pursuant to GTE's federal and state authorization to provide telecommunication services. " File No: Sec. 2- 05.030 of Article 2 -05 of City Code. DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the Cali- fornia Administrative Code, and Resolution 653- of the City of Saratoga, that the following described project will have no significant effect (no substantial adverse impact) on the envi- ronment within the terms and meaning of said Act. I PROJECT DESCRIPTION An amendment to the City Ordinance Section 2- 02.030 concerning appeal to the City Council upon initiative of City Councilmem- bers, of any administrative determination or any appealable decision pursuant to this Section. NAME AND ADDRESS OF APPLICANT City of Saratoga. 13777 Fruitvale Ave. Saratoga, CA. 95070 REASON FOR NEGATIVE DECLARATION The amendment may result in further review of projects and land use decisions and will have no adverse impact on the environment. Executed at Saratoga, California this 1st day of August, 1990. W95 \STEVE \NDAPPEAL " d U- zfzm � I Dfirecp6r of Planning Director's Authorized Staff Member 1