HomeMy WebLinkAboutCity Council Resolution 93-010
RESOLUTION NO. 93- 010
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
UP-92-012¡ KATO/GTE MOBILNET: 1777 SARATOGA AVENUE
WHEREAS, Kato/GTE Mobilnet, the applicant, had made an
application for use permit approval to increase the height of an
existing cellular transmission tower from 45 feet to 60 feet
within a P-A zone district; and
WHEREAS, on January 13, 1993, the Planning Commission of the
City of Saratoga held a duly - noticed public hearing on said
application at which time all interested parties were given a
full opportunity to be heard and to present evidence and
following the conclusion thereof, the Planning Commission voted
to deny the use permit application; and
WHEREAS, applicant has appealed the denial by the Planning
Commission to the City Council; and
WHEREAS, on March 3, 1993, the City Council conducted a de
novo public hearing on the appeal at which time any person
interested in the matter was given a full opportunity to be
heard; and
WHEREAS, the City Council reviewed and considered the staff
report, minutes of proceedings conducted by the Planning
Commission relating to the 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. By split vote of the City Council (Councilmember Monia
voting in opposition) the appeal from the Planning Commission is
hereby granted, to wit: the applicant has met the burden of
proof required to support the application for use permit approval
and the following findings have been determined:
(a) That the proposed cellular transmission tower height
increase is in accord with the objectives of the Zoning Ordinance
and the emphasis of the district in which the site is located.
(b) That the proposed cellular transmission tower height
increase will not be detrimental to the public health, safety, or
March 11, 1993
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welfare, or materially injurious to properties or improvements in
the vicinity in that a 15 foot height increase to an established
cellular transmission tower use will not substantially impair
adjacent property owners' views or create any visual impairment.
(c) That the proposed cellular transmission tower height
increase will comply with each of the applicable provisions of
this chapter.
2. After careful consideration of the site plan, and other
exhibits submitted in connection with this matter, the
application of Kato/GTE Mobilnet for use permit be and the same
is hereby granted sUbject to the following conditions:
(1) This resolution shall supersede all previous use
permits for this use.
(2) The development shall be located and constructed
as shown on Exhibit "A", incorporated by reference.
(3) Applicant agrees to hold City harmless from all
costs and expenses including attorneys fees incurred by the city
or held to be the liability of city in connection with City's
defense of its actions in any proceeding brought in any state or
federal court, challenging the city's action with respect to the
applicant's project.
(4) Non-compliance with any prov1s~ons of this permit
shall constitute a violation of the permit. Because it is
impossible to estimate damages the City could incur due to the
violation, liquidated damages of $250.00 shall be payable to City
for each day of the violation.
March 11, 1993
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Passed and adopted at a regular meeting of the city council
of the City of Saratoga held on the 17th day of March
1993, by the following vote:
AYES: Councilmembers Burger, Kohler, Tucker and Mayor Anderson
NOES: Counc i 1 member Man i a
ABSENT: None
ABSTAIN: None
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ATTEST:
Lc!.~
Deputy City Cle~
March 11, 1993
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