Reso 5083 11-U-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5083
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG A USE PERMIT TO LOCATE A 45-FOOT HIGH AERIAL FACILITY, WHICH
INCLUDES A MONOPOLE AND PANEL ANTENNAE AND A
GROUND-MOUNTED BASE RECEIVER STATION
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.
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 recommended for approval, 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. 11-U-99 as set forth in the
Minutes of the Planning Commission Meeting of November 8`�' and 22°d , 1999, and are incorporated
by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 11-U-99
Applicant: Whalen & Co. for Sprint PCS
Property Owner: Edwin Turney
Location: 10011 North Foothill Boulevard
Resolution No. 5083 11-U-99 November 22, 1999
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled, "Lemon SF33XC554-A, 1011 N. Foothill Blvd., Cupertino, CA
95014, Santa Clara County", consisting of 5 sheets labeled T1, A1, A2, A3, A4 and AS dated 8/16/99,
except as may be amended by the conditions contained in this resolution.
2. COLLOCATION OF ANTENNAE
The applicant shall engineer, design and erect the mast to allow for the collocation of additional
antennae of other wireless service providers on or above the mast. The applicant shall allow on its
mast and any extension the collocation of other antennae 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.
3. 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.
4. ARBORIST REPORT
The applicant shall contract for the preparation of an arborist report, authored by an internationally
certified arborist, that will make recommendations on two issues:
1) the selection of a fast-growing tree species that shall be planted on the parking lot side of the
monopole site that will provide, upon maturity, effective visual blending and screening of the
monopole from the street view and the western residential view, and
2) protective measures to be implemented before, during and after construction to ensure the health of
the existing, screening trees.
2. EXPIRATION DATE
This use permit shall expire five (5) years after the effective date of the permit. The applicant may
apply for a renewal of the use permit at which time the Planning Commission may review the state of
wireless communication technologies to determine if the aerial facility can be reduced in height or size.
3. MAINTENANCE OF LANDSCAPE SCREEN
The existing pine trees and proposed tree reference in Condition #3 that will provide visual screening
of the monopole shall not be topped, and pruned only for reasons of safety and satisfactory operation of
the aerial consistent with the preservation of the landscape screen.
Resolution No. 5083 11-U-99 November 22, 1999
Page-3-
PASSED AND ADOPTED this 22nd day of November, 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chair poyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPRO D:
�
' /�
Robert S. Cowan David Doyle, airman
Director of Community Development Cupertino Planning Commission
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