HomeMy WebLinkAboutCity Council Resolution 93-053
RESOLUTION 93 - 053
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION
APPELLANT VICTOR AMEZCUA; APPLICANT,
GTE/MOBILNET/CELLULAR ONE; 14471 BIG BASIN WAY
DR-93-029
WHEREAS, GTE MobilnetjCellular One, the joint applicant has
applied for design review approval to install two cellular
transmission arrays/ consisting of 18 individual antennas, on the
roof of an existing structure at 14471 Big Basin Way; and
WHEREAS, on September 22, 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
grant the design review approval and approved the negative
declaration; and
WHEREAS, Mr. victor Amezcua has appealed the approval of the
Planning Commission to the City Council; and
WHEREAS, on November 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 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 and Councilmember Tucker being absent) the
appeal from the Planning Commission is hereby denied and the
action of the Planning commission is affirmed, to wit: The
applicant has met the burden of proof required to support the
application for the installation of the cellular transmission
antennas and the following findings have been determined:
a. That the project is visually and aesthetically
acceptable in that the adequate setbacks from surrounding uses/
the distance from the pedestrian environment along Big Basin Way,
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and the color, size, number and height of the proposed antennas
combine to minimize visual and aesthetic impacts.
b. That the project has been reviewed according to
the guidelines of the California Environmental Quality Act (CEQA)
to identify any potential significant environmental impacts and
that pursuant to section 15300.2(c) of the CEQA Guidelines, the
City has prepared an initial study which identified no
substantial evidence that the project will have a significant
effect on the environment. Therefore, the negative declaration
prepared for this project is hereby approved.
c. The project has undergone extensive public review
which has identified no public health, safety or welfare hazards
related to this project. More specifically:
(l) No empirical evidence has been submitted to
the City Council supporting the contention that the radio
frequency radiation (RFR) that will be emitted from the cellular
antenna installation will create a health or safety hazard to any
persons.
(2) The uncontroverted empirical evidence
submitted by Peter Polson, PhD. and Wi 11 i am F. Hammett, both
recognized experts in the field of radio frequency radiation,
establishes that, considering the level of RFR emissions from the
cellular antennas and the proximity of the antennas to the
pedestrian environment along Big Basin Way, to the other users of
the building located at 14471 Big Basin Way and to the nearest
residences, the RFR emissions from the antennas will not create
any health or safety hazards to any persons.
2. After careful consideration of the site plan,
architectural drawings, reports, plans and other exhibits
submitted in connection with this matter, the application of GTE
Mobilnet/Cellular One for design review approval be and the same
is hereby granted subject to the following conditions:
a. The development shall be located and constructed
as shown on Exhibit "AI', incorporated herein by reference.
b. Prior to submittal for building permit, three sets
of complete construction plans incorporating this resolution as a
separate page, shall be submitted to Community Development
Department staff in order to issue a zone clearance.
c. The maximum height above existing grade of any
individual antenna shall not exceed 40 feet.
d. Colors shall be as proposed and subject to final
approval by the Community Development Director.
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e. It is the responsibility of the applicant to
advise the City of any technological advancements that may occur
in the future that alleviates the need for, reduces the size,
number and intensity or that allows the replacement of these
antennas. The Community Development Director may, upon written
notice to the applicants, request an evaluation of current
available technology that is compatible to the approved cell
site. Pursuant to the advent of this new applicable technology,
the community Development Director may refer this item to the
Planning Commission for review, discussion and utilization of
said technology.
f. Applicant agrees to hold City harmless from all
costs and expenses, including attorney's 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.
g. Noncompliance with any of the conditions 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 this
City per each day of the violation.
3. Construction must be commenced within 24 months or
approval will expire.
4. All applicable requirements of the state, County, City
and other governmental entities must be met.
5. The applicant shall affix a copy of this resolution to
each set of construction plans which will be submitted to the
Building Division when applying for a building permit.
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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 November
1993/ by the following vote:
AYES: Councilmembers Anderson, Burger, Kohler, and Mayor Tucker
NOES: Councilmember Mania
ABSENT: None
ABSTAIN: None
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