Reso 6049 12-U-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6049
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG A USE PERMIT TO ALLOW THE REPLACEMENT OF AN EXISTING 40-FOOT
TALL PERSONAL COMMUNICATIONS SERVICES MONOPOLE WITH A 60-FOOT TALL
TREE POLE THAT HOSTS 12, 4-FOOT LONG PANEL ANTENNAE AT 52 FEET AND 3
EXISTING PANEL ANTENNAE AT 40 FEET IN HEIGHT AND A 10' X 20' X 10' BASE
EQUIPMENT SHELTER 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:
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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. 12-U-00 as set forth in the
Minutes of the Planning Commission Meeting of August 14, 2000 and are incorporated by reference as
though fully set forth herein.
Resolution No. 6049 12-U-00 August 14, 2000
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 12-U-00
Applicant: Nextel of California, Inc.
Property Owner: City of Cupertino
Location: 10555 Mary Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "HWY 280/85 MARY AVE., CA-2151 B, 10555 MARY AVE.,
CUPERTINO, CA 95014", consisting of 3 sheets labeled T-1, G1 and A-1 dated 6/26/00, except as
may be amended by the conditions contained in this resolution.
2. CO-LOCATION OF ANTENNAE
The use permit is for two sets of antennae co-located on the same tree pole. In the event a wireless
carrier elects to remove its antennae from the mast, the mast owner shall make the mast available to
other wireless carriers for antenna location subject to City approval. The co-location agreement shall
be at inarket 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.
I 4. 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.
5. TREE POLE APPEARANCE AND MAINTENANCE
� The applicant shall use a sufficient number of artificial branches to obscure the appearance of the panel
antennae and any associated mounting framework. Panel antennae mounted away from the mast shall
be painted to match the green foliage of the artificial branches. The mast and any panel antennae
mounted close to the mast shall be painted brown to mimic a tree trunk. The applicant shall perform
regular maintenance of the permitted tree pole to maintain its appearance and obscure the panel
antennae from public view.
6. LANDSCAPE SCREENING
The applicant shall work with Community Development staff to provide additional onsite landscape
screening near the pole and at the southwest corner of the Service Center where there is visibility to the
adjacent residences. The applicant shall plant a 35-foot tall tree near the tree pole. Location and
species are subject to the approval of the Community Development Director. Vines shall be planted
and irrigated near the soundwall weep holes. In addition two 24-inch boxed Coastal Redwood trees
Resolution No. 6049 12-U-00 August 14, 2000
Page-3-
shall be planted and irrigated at the southwest corner of the property.
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, Kwok, Stevens and Chair Harris
NOES: COMMISSIONERS: Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES : APPROVED:
` • V'�..v`Y���
Steve iasecki Andrea Harris, Chair
Director of Community Development Cupertino Planning Commission
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