Reso 6082 02-EXC-O 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6082
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW AN ARRAY OF 16 PANEL ANTENNAE
TO BE ERECTED AT A HEIGHT OF 142 FEET WHEREAS 55 FEET
IS PERMITTED BY ORDINANCE AT 10655 MARY AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Hei�;ht
Exception, as described on Section II. of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the
City of Cupertino, and the Planning Commission has held one or more Public Hearings on this matter;
and
WHEREAS, the applicant has meet the burden of proof required to support this application, and has
satisfied the following requirements:
1) That the literal enforcement of the provisions of this chapter will result in r�strictions inconsistent
with the spirit and intent of this chapter. The applicant has acted to protect the welfare and
aesthetic concerns of the public by carefully balancing the aesthetic concerns of the atfected
neighborhood with its need to provide a functional communication system;
2) That a lower height on the tower is infeasible given the access and safety issues for lattice tower
workers and that the extension of the lattice tower is architecturally integrated with the design of
the tower and is not visually obtrusive given its remote location from residential areas;
3) That the granting of an exception will not result in a condition that will be detrimental or iniurious
to property or improvements in the vicinity and will not be materially detrimental to the public
health, safety or welfare;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Height Exception is hereby denied, by the Planning Commission of thc 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 02-EXC-01 as 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. 6082 02-EXC-01 March 12, 2001
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 02-EXC-01
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, CUPERTINO
LOC 'N STOR, 10655 MARY AVENUE, CUPERTINO, CA 95014" dated 1/2�/Ol and consistin� o('
four sheets labeled T1, A1, A2 & A3, except as may be amended by the Conditions contained in this
Resolution.
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 .
��..� �� , ��
Steve Pia cki Patrick Kwok, hair
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/res02exc01