Reso 6081 O l -U-O 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6081
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW AN ARRAY OF 16 PANEL ANTENNAC
ON TOP OF AN EXISTING P.G.& E. LATTICE TOWER AND AN ANCILLARY EQUIPMCNT
ENCLOSURE AT 10655 MARY AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described on Section II. of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of thc
City of Cupertino, and the Planning Commission has held one or more Public Hearings on tllis mattc;r;
and
WHEREAS, the applicant has meet the burden of proof required to support this application, and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, �;eneral
welfare, convenience, and aesthetic concerns of the public;
2) Site the aerial to minimize its visual intrusiveness upon residential properties and public ri�hts-ot=
way;
3) Mitigate the visual impact of the aerial to residential properties and public rights-of —way;
4) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan, the Wireless Communications Facilities Ordinance and the purpose
of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby approved, by the Planning Commission of the City oF
Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application O1-U-01 set forth in the Minutes oF
the Planning Commission Meeting of March 12, 2001 and are incorporated by reference though Fully
set forth herein.
Resolution No. 6081 O1-U-01 March 12, 2001
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: O 1-U-O 1
Applicant: Whalen & Company (Metricom)
Property Owner: Cupertino Loc N Stor
Location: 10655 Mary Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DCPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled "Metricom I-280 & Stelling Road, SFC0159C, CUPCRTfNO
LOC 'N STOR, 10655 MARY AVENUE, CUPERTINO, CA 95014" dated 1/22/O1 and consistin� o('
four sheets labeled T1, A1, A2 & A3, except as may be amended by the Conditions contained in this
Resolution.
2. LANDSCAPE SCREENING
The applicant shall plant one 24" boxed coastal redwood tree along the eastern property line to scrcen
views of the tower from the residential neighborhood. The exact placement of the tree will be revicwcd
and approved by the Director of Community Development.
3. ANTENNA COLOR
The panel antenna shall be painted the same flat color to match the lattice tower color.
4. AERIAL ABANDONMENT
If the aerial is not used for its permitted purpose for a period of 18 months, the aerial and its associated
facilities shall be removed. The cost of demolition shall be borne by the tower owner or applicant.
5. EXPIRATION DATE
This use permit shall expire 5 years after the effective date on this permit. Before the expiration date,
the applicant may apply for a time extension at which point the state of its technolo�y wili be reviewed
in conjunction with the project.
Resolution No. 6081 01-U-O 1 March 12, 2001
Page-3-
PASSED AND ADOPTED this 12th day of March, 2001, at a Regular Meeting of the Plannin�;
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Corr & Patnoe
NOES: COMMISSIONERS: Kwok
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPRO ED:
•; � / /�
. ; .� �. � y J
J �
Steve Piasec ' Patrick Kwok, Chair
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/res01 u01