Reso 4754 4-U-76 (Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4754
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO REPLACE NINE
EXISTING CELLULAR PANEL ANTENNAS WITH NINE LARGER PANEL
ANTENNAS ON AN EXISTING MAST AT 10655 MARY AVENUE
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 a licant has met the burden of proof required to support said application; and
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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 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 Use Permit Modification is hereby recommended for approval,
� subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
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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. 4-U-76 (Mod.) as
set forth in the Minutes of the Planning Commission Meeting of September 25, 1996, and are
( incorporated by reference though fully set forth herein.
SECTION II• PROJECT DESCRIPTION
Application No.: 4-U-76 (Mod.)
Applicant: Cellular One
Property Owner: Russell Bilinski
Location: 10655 Mary Avenue
Resolution No. 4754 4-U-76 (Mod.) September 25, 1996
Page-2-
� SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled "Cell #427 - West Sunnyvale, 10655 Mary Avenue - F-
� 56, Cupertino, CA" dated June 21, 1996 and consisting of one sheet.
2. COLLOCATION OF ANTENNAS
Where space is available, the applicant shall allow on its mast the collocation of other
� antennas and related facilities of other communication service providers where technically
feasible and where visual intrusiveness is reduced in comparison to other siting alternatives.
The collocation agreement shall be at market rates with reasonable compensation to the mast
� owner. The applicant shall work with staff to evaluate the feasibility of lowering the height
of the mast and the feasibility of collocating additional antennas from other service providers .
at the existing and reduced mast height. The findings shall be reported to the Planning
Commission.
3. ABANDONMENT
� If after installation, the aerial is not used for its permitted purpose for a continuous period of
eighteen months, said aerial and associated facilities shall be removed. The property owner
or applicant shall bear the entire cost of demolition.
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, PASSED AND ADOPTED this 25th day of September, 1996, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney and Chairman Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Austin
ATTEST: APP ED:
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Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
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