Reso 6046 10-U-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6046 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A USE PERMIT TO ALLOW AN ARRAY OF 16 PANEL ANTENNAE
ON TOP OF AN EXISTING P.G.& E. LATTICE TOWER BEHIND 10590 STOKES AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described on Section II. of this Resolution; and
WHEREAS, the necessary 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 failed to meet the burden of proof required to support this application,
and has not 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, convenience, and aesthetic concerns of the public;
2) Site the aerial to minimize its visual intrusiveness upon residential properties and public rights-of-
way;
3) Mitigate the visual impact of the aerial to residential properties and public rights-of—way;
4) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan, the Wireless Communications Facilities Ordinance 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 denied, by the Planning Commission of the City of
Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application 10-U-00 set forth in the Minutes of
the Planning Commission Meeting of August 14, 2000 and are incorporated by reference though fully
set forth herein.
Resolution No. 6046 (Denial) 10-U-00 August 14, 2000
Page-2-
SECTION IL• PROJECT DESCRIPTION
Application No.: 10-U-00
Applicant: Whalen& Company (Metricom)
Property Owner: Pacific Gas & Electric Company
Location: To the rear of 10590 Stokes Avenue
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PASSED AND ADOPTED this 14th day of August, 2000, 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, Doyle, Kwok, Stevens and Chair Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTE : APPROVED:
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Steve Piasecki Andrea Harris, Chair
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/res 10u00