Reso 4398 2-U-92
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupe.rtino, California 95014
RESOLIJI'ION No. 4398
OF � PLANNING CODM�SSION OF THE CITY OF CUPERTINO
REOON�IDING APPROVAL OF A USE PII�T FOR INSTALLATION
OF A 4 FT. ROOF ANTIIVNA
S�CI'ION I • FINDINGS
WHERE'AS, the Planning CaYtunission of the City of Cupertino received an
application for a Use Permit, as described on Page 1 of this Resolution; and
WI�RE'AS, the applicant has met the burden of proof required to support said
application.; and
Wf�REA.S, the Planning Co�nnission finds that the application meets the
followirig requireme,nts:
a) That the antenna will not be visible from the hotel on the adjoining
property north. That other surrounding propexties will view the ante.nna
beyond 885 ft. from the site. The antenna will be painted a color to
match the building to help blend the antenna into the structure.
b) That the antenna creates no off-site glare.
NOW, THII�EF'ORE, BE IT R�SOLUID:
That after careful consideration of maps, facts, exhibits, testimony and other
evidence sukamitted in this matter, the application for Use Permit is hereby
reco�nnended for approval, subject to the conditions which are ernunerated in
this Resolution begi.nning on Page 2 thexeof; 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 2-U-92 as set forth in the Minutes of the Planni.ng Connnission
Meetirig of Marc;h 9, 1992, and are incorporated by reference as though fully set
forth herein.
SECTION II: PROJECT DFSC�2IPTION
Application No(s): 2-U-92
Applicant: CoitCom Inc.
Property Owner: Cupertino City Center Associates
Project Lpc.ation: 20400 Stevens Creek Boulevard
SE7CZ'ION III: C�ONDITIONS ADMINISTERID BY T� C'OMMUNITY DEVEf�OPMIIVrI' DEP'I'.
l. APP'ROVID EXE�BITS
The recoirnner'idation of approval is based on F�hibits Key Plan dated 2/ 17 / 88 ,
the Penthouse Plan dated 2/17/88, the Specifications dated February, 1992,
the Cross-Sec.�tions dated February 28, 1992 and the Color Sample dated
February, 1992, of Application 2-U-92 except as may be ame.nded by the
conditions contained herein.
Resolution No. 4398 (2-U-92) March 9, 1992
Page -2-
2. APPROVFF� USFS
Subject Use Permit authorizes placement of the 4 ft. diameter microwave
� antenna atop City Center, Building 3, as identified in the subject plans.
i The applicant is responsible for obtainirig a building permit from the City
of C'upertino Building Department before place.ment. The antenna shall be
painted according to the color sample su�anitted.
3. MODIFICATION OF APP`ROVID DEVIIAF�!' PLAN
In the event that the applicant or subsequent prop�rty owner shall desire to
make any minor changes, alterations or amenc�ient of the approved development
plan, a written request or revised development plan shall be submitted to
the Director of CoYturninity Development. If the Director makes a finding that
the changes are minor and do not result in a material affect upon the
appearance or function of the project, said changes may be certified on the
revised plan. If approval of said changes is withheld, the applicant may
appeal to the Planning Co7rnnission.
If the Director finds that the requested changes are material, such changes
shall be referred to the Planning Commission for approval. If the changes
are denied by the Planning Connnission, the applicant may appeal to the City
Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Co�unission, an appeal may be
made to the City Council by any interested party. FUrther, any Membex of
the City Council may request a hearing before the City Council regarding
said approved changes. Said request shall be made within ten (10) days from
the date of approval of said changes by the Planning Co�unission.
PASSID AND ADOPTID this 9th day of March, 1992 at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
follow.ing roll call vote:
AYFS: N��IIZS: Austin, Mackenzie, Mahoney, Mann and Chairman Fazekas
NOES : MII��ERS : None
ABSrI'AIl�T: MII�RBER.S : None
ABSENT: N�ERS: None
A'ITF.ST: APPROVID:
� � � �
Robert Cawan Daryl Faz s, Chairman
Director of Co�ununity Development Planning Conunission
peresos/rs2u92