HomeMy WebLinkAboutCity Council Resolution 99-56 RESOLUTION NO. 99- 56
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL FROM THE
DECISION OF THE PLANNING COMMISSION;
APPLICANT/APPELLANT SPRINT PCS/CRAWFORD;
14429 BIG BASIN WAY; UP-96-013.1
WHEREAS, Sprint PCS, the applicant, has applied for use permit
modification approval to relocate a single eight foot pole with six antenna panels to the
far comers of the building on a 3,881 square foot parcel located in the CH-1 commercial
historic zoning district; and
WHEREAS, on July 28th, 1999, the Planning Commission of the City of
Saratoga held a duly noticed public hearing on said 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 deny the use permit
modification approval; and
WHEREAS, the applicant has appealed the denial of the Planning
Commission to the City Council; and
WHEREAS, on September 15, 1999, the City council conducted a de novo
public hearing on the appeal, at which time any person interested in the matter was given
the full opportunity to be heard and to present evidence; and
WHEREAS, the City Council reviewed and considered the staff report,
minutes of proceedings conducted by the Planning Commission relating to the
application, and all 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:
After careful consideration of the site plan, photo-simulations and other exhibits
submitted in connection with this matter, the appeal from the Planning
Commission is denied and the action of the Planning Commission is affirmed, to
wit:
The applicant has failed to meet the burden of proof required to support the
application for use permit modification approval and the following finding
has been determined:
$ That the proposed wireless communication antenna is not in accord
with the objectives of the Zoning Ordinance and the purposes of the
CH-1 district.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a regular meeting held on the 6th day of October, 1999.
AYES: COUNCILMEMBERS BAKER, _ STREIT, MEHAFFEY
NOES: NONE
ABSENT: VICE MAYOR BOGOSIAN
ABSTAIN:
Acti~ Mayor Pro Tem
ATTEST:
~i~ Clerk ~-'" ~-~~''~
P:\SARATOGA\RESOLUTI\RST004.DOC
2