HomeMy WebLinkAboutCity Council Resolution 91-74
RESOLUTION 91- 74
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING A
THE DECISION OF THE PLANNING COMMISSION
AR-91-016-GTE Mobilnet
WHEREAS, the Applicant has applied to the City of Saratoga
for design review approval to construct two 40-foot tall cellular
transmission towers within the Professional and Administrative
(PA) Zone District, at 14375 Saratoga Avenue; and
WHEREAS, on October 9, 1991, the Planning Commission of the
city of saratoga conducted a public hearing on said Application,
and fOllowing the conclusion thereof, the Planning Commission
denied the Application; and
WHEREAS, the Applicant has appealed the decision of the
planning Commission to the City Council; and
WHEREAS, on November 20, 1991, the city Council conducted a
ªª DQYQ public hearing on the appeal, at which time any person
interested in the matter was given an opportunity to be heard;
and
WHEREAS, the City Council reviewed and considered the staff
reports, minutes of proceedings conducted by the Planning
Commission relating to said Application, and the written and oral
evidence presented to the city Council in support of and in
opposition to the appeal;
NOW, THEREFORE, be it resolved by the City council of the
City of Saratoga as follows:
1. The appeal from the decision of the Planning Commission
is hereby denied and the decision of the Planning Commission is
affirmed, to wit:
The Applicant has not met the burden of proof required to
support said application, and the following findings have been
determined:
(i) The proposed structures constitute a new main
structure in the PA Zone District and are therefore subject
to design review.
(ii) The structures are not harmonious with the
existing architectural features and landscaping of
mnrw\273\res\GTE
1
neighboring residential and commercial structures in the
immediate area, including but not limited to, height,
elevations, material, color and appurtenances.
(iii) The proposed structures are not compatible in
terms of height, bulk and design with other existing
structures in the immediate area, in that surrounding
buildings are two stories in height, and the poles will
extend above these by approximately 14 feet, and the 40-foot
tall tapered wood poles equipped with three 1-foot wide by
2.5-foot long box-shaped directional antenna mounted flush
against the pole are totally out of harmony and incongruous
with the residential and commercial structures in the
immediate area, resulting in the visual prominence of the
proposed structures being highly incongruous in comparison
with surrounding structures.
(iv) The proposed project is not exempt from the
requirements of CEQA in that written and oral testimony
submitted to the Planning Commission and the City council
make it clear that the proposed project may have negative,
adverse impacts on the environment from electromagnetic
radiation emitted by the antennae.
(v) The parking for the existing two-story office
building located on the subject site is non-conforming, in
that it is not in compliance with the current parking
standards which require one space for each 200 square feet
of gross floor area. In order to bring the parking into
conformance, the Applicant would have to provide six
additional parking spaces, which the Applicant is unable to
do, due to the physical constraints of the subject site. By
adding the proposed structures to an existing non-conforming
use, the proposal would constitute an alteration,
enlargement, expansion or intensification of the non-
conforming use, in violation of the zoning ordinance.
***
Passed and adopted at a regular meeting of the City council
of the City of Saratoga held on the 4 th day of December I 1991,
by the following vote:
AYES: Council members Anderson, Clevenger, and Mayor Kohl ~r
NOES: None
ABSENT: Council members Moni a and Stutzman
ABSTAIN: None
mnrw\273\res\GTE 2
ATTEST:
kty ~l!;:¡
November 21, 1991
mrw\273\res\GTE
" /.,
"",,,,,, ~/?
/:'::,::;,,;1'.. /7" ,,/~/ ~
/..... ...<::~'¿.,,0~ ,.,.
/,/·ítáý"r
-
3