Reso 6047 OS-EXC-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6047 (Denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A HEIGHT EXCEPTION TO ALLOW AN ARRAY OF 16 PANEL ANTENNAE
TO BE ERECTED AT A HEIGHT OF 150 FEET WHEREAS 55 FEET
IS PERMITTED BY ORDINANCE BEHIND 10590 STOKES AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Height
Exception, 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) That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter. The applicant has not acted to protect the welfare and
aesthetic concerns of the public by not carefully balancing the aesthetic concerns of the affected
neighborhood with its need to provide a functional communication system; by forgoing visually
superior sites that can minimize visual impacts on the general public in favor of a site that is
visually obtrusive and even more so with the project;
2) That the granting of an exception will not result in a condition that will be detrimental or injurious
to property or improvements in the vicinity and will not be materially detrimental to the public
health, safety or welfare;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Height Exception 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 OS-EXC-00 as 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. 6047 (Denial) OS-EXC-00 August 14, 2000
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: OS-EXC-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:
�
ATTEST: APPROVED:
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Steve Piasec i Andrea Harris, Chair
� Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/res05 exc00
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