Reso 6337 EXC-2005-17
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6337
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW SIX PANEL ANTENNAS TO BE
MOUNTED AT A MAXIMUM HEIGHT OF 94 FEET ON AN EXTENSION TO AN
EXISTING P.G.&E. TRANSMISSION TOWER AT 10110 CALIFORNIA OAK WAY
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2005-17
Applicant: Cal Com Systems, Inc. (for Verizon Wireless)
Location: 10110 California Oak Way
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, in order to provide height flexibility in situations when collocation of personal
wireless service antennas is desirable from a design and visual standpoint, 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 to provide more extensive wireless communications coverage
in a known, underserved area and the height exception facilitates the collocation of antenna
on the transmission tower, which is a preferred design strategy where visual impacts are
' minimal.
� 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
i produces radiation below federal exposure standards on an individual and cumulative level.
The equipment will have minimal visual impact as the panel antenna will be flush-mounted
� to the tower extension and painted to match the tower and the extension represents less than
� 15% of the existing tower height.
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
i in this matter, application no. EXC-2005-17 is hereby approved; and
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Resolution No.6337 EXC-2005-17 November 22, 2005
Page 2
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-2005-17, as set
forth in the Minutes of the Planning Commission Meeting of November 22, 2005, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
l. 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/OS 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.
PASSED AND ADOPTED this 22nd day of November 2005, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairman Wong, Vice-Chair Miller, Saadati, Chen
NOES: COMMISSIONERS: Giefer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Ciddy Wordell Gilbert Wong, Chair
City Planner Planning Commission
g:/planning/pdreport/res/EXC-2005-17 res.doc