Reso 6149 EXC-2002-OS
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6149
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW TWO PCS PANEL ANTENNAE
(SECTOR B AND SECTOR C ANTENNAE) TO BE MOUNTED AT A MAXIMUM HEIGHT
OF 70 FEET ON AN EXISTING UTILITY POLE AT THE NORTHEAST CORNER OF
HIGHWAY 280 AND FOOTHILL EXPRESSWAY.
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2002-OS
Applicant: The Alaris Group (for Cingular Wireless)
Location: Northeast corner of Highway 280 and Foothill Expressway
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, in order to provide height flexibility in situations when unique surrounding land
conditions make it difficult to adhere to the development standards, an applicant for development
may file an exception request to seek approval to deviate from the standards; and
WHEREAS, the Planning Commission finds the following with regards to the Height Exception
for this application:
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title in that the extra antenna height above the
ordinance maximum is needed because of significant elevational changes in the area which
would otherwise preclude more complete wireless communications coverage in an
underserved area.
2. That the proposed project will not be injurious to property or improvements in the area nor be
materially detrimental to the public health, safety, or welfare in that the wireless technology
produces radiation below federal exposure standards and the equipment will have minimal
visual impact as the panel antenna will be flush-mounted to the pole and painted to match the
pole and the equipment cabinets will be screened by existing mature landscaping.
3. The proposed development will not create a hazardous condition for pedestrian or vehicular
traffic because it is not sited within the travel ways or sight lines of pedestrian or vehicular
traffic.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, application no. EXC-2002-OS is hereby approved; 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 EXC-2002-05, as set
Resolution No. 6149 EXC-2002-OS August 12, 2002
Page 2
forth in the Minutes of the Planning Commission Meeting of August 12, 2002, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "Cingular WIRELESS, SF 956-01, I-280/FOOTHILL
EXPRESSWAY", consisting of four sheets dated 4/10/02 and labeled: T1, C1, Al and A2,
except as may be amended by the conditions contained in this resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
I The Conditions of Project Approval set forth herein may include certain fees, dedication
� requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
� exactions.
�
� 3. SECTOR A PANEL ANTENNA
The height of this antenna covering Sector A(northeast of the pole) shall be lowered to a
height of 55 feet above ground level at the pole base.
4. PANEL ANTENNA COLOR
All panel antennae and mounting hardware shall be painted to match the color of the pole.
5. ABANDONMENT
Aerial facilities not used for their permitted purpose for a period of 18 months is
considered abandoned and must be removed by the property owner or applicant
who bears the entire cost of demolition.
6. EXPIRATION OF APPROVAL
This approval expires five (5) years after the effective date of this exception. The
applicant may renew this permit upon a review of the technology to determine if the
visual impact can be further minimized.
7. NEW LANDSCAPING
Following construction of the equipment cabinet enclosure, the Director of
Community, at his discretion, may require new landscaping if the equipment
enclosure is not reasonably screened from public views.
Resolution No. 6149 EXC-2002-OS August 12, 2002
Page 3
PASSED AND ADOPTED this 12th day of August 2002, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Saadati, Wong, Auerbach and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen
ATTEST• APPROV .�
6
� 1 :, ����
Steve Piasecki arles Corr, Chair
Director of Community Development Planning Commission
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