Reso 4789 22-U-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4789
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A PERSONAL COMMUNICATIONS SERVICES AERIAL FACILITY
CONSISTING OF A MAST AND A CROSS POLAR ANTENNA NOT MORE THAN 40 FEET
IN HEIGHT AND ASSOCIATED GROUND-MOUNTED EQUIPMENT AT
10555 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 applicant has met the burden of proof required to support said application; and 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;
3) The proposed use is designed and sited to minimize negative visual effects in accordance with the
wireless communications facilities ordinance;
4) The proposed use provides opportunities for collocation of additional antennas in accordance with
the wireless communications facilities ordinance.
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 hereby approved, subject to the conditions which are
enumerated in this Resolution beginning on page 2 thereof; 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. 22-U-96 set forth in the
Minutes of the Planning Commission Meeting of, December 9, 1996, and are incorporated by reference
as though fully set forth herein.
Resolution No. 4789 22-U-96 December 9, 1996
Page-2-
SE�TIQN II: PROJECT DESCRIPTION
Application No.: 22-U-96 .
Applicant: Pacific Bell Mobile Services
Property Owner: City of Cupertino
Location: 10555 Mary Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
Approval is based on Exhibits titled, "10555 Mary Avenue, Cupertino, CA SF551-04", consisting of
three sheets labeled T-1, A-1.1 and A-2.1 dated 10/3/96, except as may be amended by the Conditions
contained in this resolution.
2. �ROSS POLAR ANTENNA DESIGN
The 6-panel antenna rack shown on the exhibits referenced in Condition #1 is not approved. The
approved antenna design array is a cross polar antenna flush-mounted to the mast.
3. COLLOCATION OF ANTENNAS
The applicant shall engineer, design and erect the mast to allow for the collocation of additional
antennas of other wireless service providers above the mast. The applicant shall allow on its mast and
� any extension the collocation of other antennas and related facilities of other wireless 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.
4. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous period of 18
months, said aerial and associated facilities shall be removed. The applicant shall bear the entire cost
of demolition.
PASSED AND ADOPTED this day of 9th day, December, 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: Austin, Doyle, Harris, Mahoney and Chairman Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPR D:
���
Robert S. Cowan Paul Roberts, Chairman
Director of Community Development Cupertino Planning Commission
g: pl ann i ng/res/r22 u96