Reso 6343 U-2005-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6343 (denial)
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 THREE PCS PANEL ANTENNAS
MOUNTED ON A 37 FOOT TALL TREEPOLE AND ANCILLARY EQUIPMENT �
CABINETS LOCATED IN A FENCED ENCLOSURE AT 20041 BOLLINGER
ROAD, APN 369-34-052
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
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 project's tree pole is inadequately screened and blended with natural
landscaping in accordance with adopted sighting and design guidelines and is considered
visually obtrusive in its environmental context. 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-2005-14
as set forth in the Minutes of the Planning Commission Meeting of October 25, 2005 and
December 13, 2005 and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2005-14
Applicant: William Stephens (for T-Mobile)
Property Owner: Pacific Rim Park, LLC
Location: 20041 Bollinger Road
PASSED AND ADOPTED this 13th day of December 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: Chairperson Wong, Vice Chair Miller, Saadati
Chen, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
-, . / , � .
, �; �-
- �. :::,
,
Steve Piasecki Gilbert Wong, Chair
Director of Community Development Cupertino Planning Commission
g:/planning/pdreport/res/U-2005-14 denial.doc