Reso 6286 DIR-2004-29
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6286
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A REFERRAL OF A DIRECTOR'S MINOR MODIFICATION TO ALLOW THE
CONSTRUCTION OF A PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF SIX
PCS PANEL ANTENNAE MOUNTED ON THE PARAPET ON THE GYMNASIUM AT
MONTA VISTA HIGH SCHOOL AND ROOFTOP ANCILLARY EQUIPMENT
CABINETS AT 21840 MCCLELLAN ROAD, APN 356-09-001
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a
Director's Minor Modification permit, 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 Wireless Facilities Master Plan, 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. DIR-2004-
29 as set forth in the Minutes of the Planning Commission Meeting of February 8, 2005 and
are incorporated by reference as though fully set forth herein.
Resolution No.6286 DIR-2004-29 February 8, 2005
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2004-29
Applicant: Dayna Aguirre/Marsha Converse (for Velocitel, Inc.)
Property Owner: Fremont Union High School District
Location: 21840 McClellan Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "AT&T WIRELESS SERVICES, INC. SITE NO.:
SNFCCA2029B, SITE NAME: NOVEMBER DR. & OCTOBER WAY (MONTA VISTA
HIGH SCHOOL", consisting of 8 sheets labeled Z01 through Z08 dated 9/24/04, except
as may be amended by the conditions contained in this resolution.
2. EQUIPMENT SCREENING
Equipment screens shall be extended around all rooftop PCS antenna and base
equipment. Screens shall be textured and painted to match the building.
3. ROOFTOP AND ROOF ACCESS WARNING SIGNS
The applicant shall post explanatory warning signs at roof access locations and at each
transmitting antenna such that the signs are readily visible from all angles of approach
by personnel who might need to work near the antennas.
4. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous
period of 18 months, said antennas and associated facilities shall be removed. The
applicant shall bear the entire cost of demolition and removal.
5. EXPIRATION DATE
This use permit shall expire five (5) years after the effective date of the permit. The
applicant may apply for a renewal of the use permit at which time the Planning
Commission may review the state of wireless communication and camouflage
technologies to determine if the visual impact of the personal wireless facility can be
reduced.
6. COLLOCATION
In the event that other personal wireless service providers are permitted by the City to
collocated on the roof of the same building, the applicant shall allow other carriers to
collocate their antenna behind the existing visual screen.
Resolution No.6286 DIR-2004-29 February 8, 2005
Page 3
PASSED AND ADOPTED this 8th day of February 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chen
ATTEST: APPROVED:
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�� Steve Piasecki Gilbert Wong, Chairpe on
Director of Community Development Cupertino Planning Commission
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