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Reso 6238 � U-2003-12 CITY OF CUPERTINO � 10300 Torre Avenue Cupertino, California 95014 � RESOLUTION NO. 6238 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF SIX PCS PANEL ANTENNAS � MOUNTED ON A 55 FOOT TALL TREEPOLE AND ANCILLARY EQUIPMENT ` CABINETS LOCATED IN A FENCED ENCLOSURE AT 10881 SOUTH � BLANEY AVENUE, APN 369-34-052 I SECTION I: FINDINGS � WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and 1 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 I WHEREAS, the project is inadequately camouflaged and obstructive in its environmental context in that it visually dominates its surroundings. The project is thus inconsistent with the City's Wireless Facilities Master Plan. � 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 not 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 No. U-2003-12 as set forth in the Minutes of the Planning Commission Meeting of April 26, 2004 and are ( incorporated by reference as though fully set forth herein. � SECTION II: PROTECT DESCRIPTION Application No.: U-2003-12 Applicant: Leah Hernikl (for Cingular Wireless) Property Owner: Pacific Rim Park, LLC Location: 10881 S. Blaney Avenue PASSED AND ADOPTED this 26th day of April 2004, at a Regular Meeting of the Planning I Commission of the City of Cupertino, State of California, by the following roll call vote: � AYES: COMMISSIONERS: NOES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson Saadati ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: 1 � ATTEST: APPROVE : � � � � Steve Piasecki i aadati, Chairperson Director of Community Development Cupertino Planning Commission � g:/planning/pdreport/res/U-2003-12 i