Reso 6336 DIR-2005-28
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6336
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S MINOR MODIFICATION TO ALLOW THE ERECTION OF A
PERSONAL WIRELESS SERVICE FACILITY THAT INCLUDES SIX PANEL ANTENNAS
MOUNTED TO A STRUCTURAL EXTENSION OF AN EXISTING P.G.&E. TRANSMISSION
TOWER LOCATED AT 10110 CALIFORNIA OAK WAY
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a
Director's Minor Modification, 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 Cupertino Wireless Facilities Master 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 Director's Minor Modification 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 No. DIR-2005-
28 as set forth in the Minutes of the Planning Commission Meeting of November 22, 2005, .
and are incorporated by reference as though fully set forth herein.
Resolution No.6336 DIR-2005-28 November 22, 2005
Page-2
SECTION II: PROIECT DESCRIPTION
Application No.: DIR-2005-28
Applicant: Cal Com Systems (for Verizon Wireless)
Location: 10110 California Oak Way
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "VERIZON WIRELESS, FOOTHILL &
McCLELLAN, 10110 CALIFORNIA OAK WAY, CUPERTINO, CA 95014, SANTA
CLARA COUNTY",. consisting of eight sheets dated 11/11/05 and labeled: T-1, T-2, C-1,
C-2, A1 through A-4, except as may be amended by the conditions contained in this
resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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. TOWER EQUIPMENT COLOR
All panel antennas, mounting hardware, tower extension and cabling shall be painted to a
flat gray color to match the existing transmission tower.
4. 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.
5. 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.
! Resolution No.6336 DIR-2005-28 November 22, 2005
Page-3
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PASSED AND ADOI'TED this 22nd day of November 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: Chairman Wong, Vice-Chair Miller, Sadati, Chen
NOES: COMMISSIONERS: Giefer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
, ���
Ciddy Wordell Gilbert Wong, Chair
City Planner Cupertino Planning Commission
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