Reso 6110 12-U-00(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6110
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING MODIFICATIONS TO A USE PERMIT TO: 1) DELETE THE REQUIREMENT TO
DEMOLISH AN EXISTING 40-FOOT TALL PERSONAL COMMUNICATIONS SERVICES
MONOPOLE AND RELOCATE ITS ANTENNAE, AND 2) MODIFY AN APPROVED 60-FOOT
TALL TREE POLE THAT HOSTS 12, 4-FOOT LONG PANEL ANTENNAE AT 52 FEET AND
THREE PANEL ANTENNAE AT 60 FEET IN HEIGHT, A 10' X 20' X 10' BASE EQUIPMENT
SHELTER, AND 9' X 13' EQUIPMENT PAD AT 10555 MARY AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Pemut, as described in Section II. of this Resolution; and
WHEREAS, the necessary public 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 met the burden of proof required to support said 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, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan 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 recommended for approval, subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application No. 12-U-00(M) as set forth in the
Minutes of the Planning Commission Meeting of September 10, 2001 and are incorporated by
reference as though fully set forth herein.
Resolution No. 6110 12-U-00(M) September 10, 2001
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 12-U-00(M)
Applicant: Nextel of California, Inc.
Property Owner: City of Cupertino
Location: 10555 Mary Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBTTS
Approval is based on Exhibits titled: "HWY 280/85 MARY AVE., CA-2151 B", consisting of 3 sheets
labeled T-1 and A-1 dated 7/23/O1, and C-1 dated 4/18/00, except as may be amended by the
conditions contained in this resolution.
2. RELATIONSHIP OF PERMTT APPROVAL TO OTHER APPROVALS
This use permit approval modifies and supersedes Planning Commission Resolution No. 6049 adopted
on August 14, 2000.
3. CO-LOCATION OF ANTENNAE
The use pern is for two sets of antennae co-located on the same tree pole. In the event a wireless
carrier elects to remove its antennae from the mast, the mast owner shall make the mast available to
other wireless carriers for antenna location subject to City approval. The co-location agreement shall
be at market rates with reasonable compensation to the mast owner.
4. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous period of 18
months, said aerial and associated facilities shall be removed. The applicant shall bear the entire cost
of demolition.
5. EXPIRATION DATE
This use pernut shall expire five (5) years after the effective date of the permit. The applicant may
apply for a renewal of the use pernut at which time the Planning Commission may review the state of
wireless communication technologies to determine if the aerial facility can be reduced in height or size.
6. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall use a sufficient number of artificial branches to obscure the appearance of the panel
antennae and any associated mounting framework. Panel antennae mounted away from the mast shall
be painted to match the green foliage of the artificial branches. The mast and any panel antennae
mounted close to the mast shall be painted brown to mimic a tree trunk. The applicant shall perform
regular maintenance of the pernutted tree pole to maintain its appearance and obscure the panel
antennae from public view.
Resolution No. 6110 12-U-00(M) September 10, 2001
Page-3-
7. LANDSCAPE SCREENING
The applicant shall work with Community Development staff to provide additional onsite landscape
screening near the pole and at the southwest corner of the Service Center where there is visibility to the
adjacent residences. The applicant shall plant a 35-foot tall tree near the tree pole. Location and
species are subject to the approval of the Community Development Director. Vines shall be planted
and irrigated near the sound wall weep holes. In addition two 24-inch boxed Coastal Redwood trees
shall be planted and irrigated at the southwest corner of the property.
8. TREEPOLE DESIGN FOR FUTURE CO-LOCATION OF ANTENNA
The applicant shall design and construct the tree pole to accommodate a future co-location of antennae
at a subordinate height to the approved sets of antennae.
PASSED AND ADOPTED this lOth day of September 2001, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Patnoe, Chen, Auerbach and Chairperson Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST APP VED:
,
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Steve Piasecki Patrick K ok, Chair
Director of Community Development Cupertino Planning Commission
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