HomeMy WebLinkAboutCity Council Resolution 98-19 RESOLUTION NO. 98-19 ~'
A RESOLUTION OF THE CH'Y COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM
THE DECISION OF THE PLANNING COMMISSION
RELATING TO U!;E PF, RMIT APPROVAL
(UP 98-005, CELLULARONE [ASSOCL4,TES];
$/E CORNER OF QUITO ROAD & HWY. 85)
WHERBS, CellulaxOne (Associates), thc applicant had made an application
for Use Permit approval w construct three panel antennae mounted on an existing
110 foot tall PG&E transmission tower and to construa an equipment building I 0
foot wide by 16 foot. long by 10 foot high located underneath the base of the existing
transmission tower; and
WHERF. AS, on May 13, 1998, the Plantflag Commission of the City of
Saratoga held a duly noticed public hearing on 'the same application at which 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 Use
Permit approval, with conditions;
WHER.F. AS, appellant Cheriel leasen has appealed the grating of Use Permit
approval by the Planning Commission to the City Council; and
WHERf, AS , on June 17, 1998. the City Council conducted a de novo public
hearing on the appeal, which included a review of the entire Use Permit application,
at which time any person interested in the matter was given the full opponunky to be
head and to present evidence; and
WHE~, the City Council reviewed and considered the staff report,
antes of proceedings conducted by the flag Commission relative to the
application, and all written and oral evidence presented to the City Council in
support of ann in opposiaon to the appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SARATOC~ as follows:
I. By unanimous vote of the City Coundl (Council member Jacobs being
absent) the appeal from the Planning Commission is hereby denied, and the derision
of the Planning Commission for a Use Permit approval to construct three panel
antennae mounted on an existing PC;& E transmission tower and to construct an
accessory equipment building, is affumed, to wit:
The Applicant has met the burden of pwof required to support the Use Permit
approval, and the lollowing findings have been determined:
That the proposed wireless communication antenna is in accord with the
oblectives of .the Zoning Ordinance and the purpose of the district in
which it is located, in that: communication antennae facilities are
authorized as condition-,d/y permitted uses in all zoning district~ within
the City; Emphasis has been placed on ensuring that the antenna and its
support equipment will be as unobtrusive as possible, and will be located
on an existing PGIS~ tower structure.
That the proposed wireless communication antenna and equipment
building and the conditions under which it would be operated will not
be detrimental to the public health, safety, or weI fire, or materially
injurious to properties or improvements in the vicinity, in that: a study
submitted to the Planning Commission and City Cotmoil has
determined that the radio frequency associated with this type of radio
wireless telecommunication antenna will not create or result in haxmf-ul
transmissions; the placement of three antennae 68 feet above the base of
the existing 110 foot tower will have minimal aesthetic impacts. since
the antennae are approximately 1 foot by 8 foot in size; construction of
the equipment building within the base of the tower will also have
minimal aesthetic impact on the area since the building will be only 160
square feet and I0 foot in height and constnmted at a location below
the grade of Quito Road, thereby reducing the view of the structure
from the road, and the structure will be painted beige with a brown
shingle wof, to help reduce its visibility, and the antennae will be
painted silver to match the existing tower; the installation and operation
of the communication amenna in and of itself will not create traffic
impact of any kind, since the facility is intended to simply improve
transmission and receipt of communications through cellular phones.
That the proposed wireless communication antenna complies with each
of the applicable pwvisions of the Zoning Ordinance and the General
Plan, in that: as mentioned above, communication facilities are
permittcd as conditionally permitted uses in all zoning dist~cts within
the City, and such facilities are regulated by the Califomia Public
Utilities Commission, and adore considered a utility and allowed
pursuant to the Land Use element of the General Plan as accessory
structures on residentially designated 'land; and thc installation of the
communication antenna fadlity docs not increase the density or
intensity of use of the land beyond the land use density and intensity
standards set forth in the General Plan.
2. After caxeful consideration of the site phn, and other exhibits submitted
in connection with this matter, the application of CellularOne (Associates) for Use
Permit approval be and the same is hereby granted to the extent set forth above and
subiect to the following conditions:
( 1 )The proposed antennas shall be located and constructed as shown
on F..xhibk "A,. incorporated by rderence.
(2) The proposed antennas shall be painted silver to match the
existing tower.
(3) The proposed equipment struaure shall be painted beige, ~th a
brown shingle roof.
(4) Applicant shall be responsible for maintaining all equipment and
struaures in a timely manner per the conditions of this approval.
(5) Prior to submittal for Building or Grading permits, the following
shall be submitted to Planning Division staff in order to issue a
Zoning Clearance:
a. Four (4) sets of complete construction plans incorporating
this Resolution as a separate plan page.
b. Paint samples for both the antennas and the equipment
structure.
(6) No smmture shall be permitted in any easement.
(7) The Planning Commission shall retain continuing jurisdiction
oyez the Use Pemit and may, at any time modify, delete or
impose any new conditiom of the permit to preserve the public
health, safety, and wellaxe.
(8) All building and construction related activities shah adhere to
New Development and Construction Best Management Practices
as adopted by the City for the purpose of preventing storm water
pollutiom
Applicant agrees to hold City hannl e~s from all costs and
expenses, including attomey's fees, incurred by the City or held
to be the liability of City in connection with City's defense of ~ts
actions in any proceeding brought in any State or Federal Coum
challenging the City'~ action with respect to the applicant's
proiect.
(10) Noncompliance with any of the conditions of this permit shall
co~titute a violation of the permit. Because it is impossible to
estinute damages the City could incur due to the violation,
liquidated damages of $250 shall be payable to This City per each
day of the violation.
3. Consuuc~ion must be commenced within 24 months or approv',fl will
4. All applicable te~luiremcn~s of the State, County, City and other
Governmental Entities mugt be met.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the 1st day of July,
1998, by the following vote:
AYES:' Councilmembers Bogosian, Moran, Shaw and Mayor Wolfe
NOES: None
ABSTAIN: Councilmember Jacobs
Maeor
ATTEST:
Deputy City~;ler~k'~
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