Reso 4474 4-U-76 Modification
CITY OF CUPERTINO
I 10300 Tone Avenue
Cupertino, California 95014
� RESOLUTION NO. 4474
OF 'TI� PLANNING CONIlVIISSION OF TI� CITY OF CUPERTINO APPROVING A MODIFICATION
TO TI� DEVELOPMENT PLAN, REGARDING MAXIMUM HEIGHT, IN A QUASI-PUBLIC ZONE
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� SECTION I: FINDINGS
I WHEREAS, the Planning Commission of the City of Cupertino received an application for an modification to the
� Development Plan, as described on Page 1 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 the application, and has satisfied the
� following requirements:
� 1) Granting the Modification will not result in a condition which is materially detrimental to the public
health, safety or welfare.
NOW, 'TI�REFORE BE IT RESOLVED:
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That after careful consideration of maps, facts, e�ibits and other evidence submitted in this matter, the application
� for Modification is hereby approved; and
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� BE IF FURTI-�ER RESOLVED:
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� That the sub conclusions upon which the findings and conditions specif'ied in this Resolution are based are
1 contained in the Public Record concerning Application 4-U-76 Modification , as set forth in the Minutes of the
� Planning Commission Meeting of September 27, 1993 and are incorporated by reference as though fully set forth
� herein.
1 SECTION II: PROJECT DESCRII'TION
� Application No(s): 4-U-76 Modification
Applicant: Bay Area Cellular Telephone Company
Property Owner: Russell & Dorothy Bilinski
� Project Location: 10655 Mary Avenue
� SECTION III: CONDITIONS ADMINISTERED BY TI� COMNIUNITY DEVELOPMENT DEPARTMENT.
1. Approved Exhibits: The approval is based on Exhibits A.1 and A.2 dated September 16, 1993, except as may
be amended by the Conditions contained in this Resolution.
` 2. Fencing: The antenna shall be enclosed with a fence and locked gate to prohibit unauthorized access and
safety of residents.
3. Use Limitations: Any changes to the cell site that would increase the number of transmitters, increase
broadcast power or change the number or orientation of the transmitting antennas will be considered a
modification to the Use Permit and must be reviewed first by staff who will make a determination of
significance. If the changes are significant, the modification will be forwarded to the Planning Commission for
final decision.
Resolution No. 4474 (4-U-76 Modification) September 27, 1993
Page -2-
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( 4. LandscaQng_ The applicant shall submit a comprehensive landscape and irrigation plan for the area adjacent
and to the east of the antenna. The landscaping shall be comprised of large sized (minimum 25 gallon), fast
� growing trees and the species shall be consistent with the Xeriscape Ordinance. The landscaping sha11 be well
maintained.
5. Easements: The applicant shall provide proof that all structures are placed outside of the existing easements
or provide a release from said easement holders. This proof shall be provided prior to the issuance of the
building permit.
, 6. E�osure Standards: A consultant, acceptable to Planning staff, in consultation with the Public Utility
� Commission shall submit data, within 30 days of beginning operation, that the 1992 American National
Standards Institute exposure limits are not exceeded.
�
PASSED AND ADOPTED this 27th day of September, 1993 at a Regular Meeting of the Planning Commission of
the City of Cupertino by the following roll call vote:
1 AYES: COMNIISSIONERS: Bautista, Doyle, Mahoney, Roberts and Chairwoman Austin
NOES: CONIlVIISSIONERS: None
ABSTAIN: CONIlVIISSIONERS: None
ABSENT: CONIlVIISSIONERS: None
ATTEST: APPROVED
�ctv�• �
► Robert Cowan Donna Ausdn, Chairwoman
Community Development Director Cupertino Planning Commission
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