Reso 6051 11-U-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6051
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG A USE PERMIT TO ALLOW THE REPLACEMENT OF AN EXISTING 81-FOOT
TALL STADIUM LIGHT STANDARD WITH A THICKER POLE AND THE ATTACHMENT OF
� THREE 8-FOOT TALL PANEL ANTENNAE. REPLACE EXISTING SNACK SHACK WITH A
NEW 10' X 44' X 10' SNACK SHACK AND BASE EQUIPMENT SHELTER AT 10100 FINCH
� AVENUE
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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
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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:
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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-00 as set forth in the
Minutes of the Planning Commission Meeting of September 11, 2000 and are incorporated by
reference as though fully set forth herein.
Resolution No. 6051 11-U-00 September 11, 20000
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 11-U-00
Applicant: Nextel of California, Inc.
Property Owner: Fremont Union High School District
Location: 10100 Finch Avenue
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
� 1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "MILLER CA-2149C, 10100 Finch Avenue, Cupertino, CA
95014 Santa Clara County", consisting of 5 sheets labeled T-1, C-1, A-1, A-2 and A-3 dated 5/25/00,
except as may be amended by the conditions contained in this resolution.
2. CO-LOCATION OF ANTENNAE
The applicant shall make its mast available to other wireless communications carriers for antenna co-
location subject to City approval. The co-location 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 antennae and associated facilities shall be removed. The applicant shall bear the entire
cost of demolition.
� 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. COLORS
All equipment, antennae and screens mounted on the pole and visible to public view shall be painted to
match the pole.
6. LANDSCAPE SCREENING
The applicant shall plant a 36" boxed coastal redwood tree and extend irrigation to the site just east of
the Tilson Avenue school entrance between the property line and soccer/football field. The site is also
shown as Site D on Exhibit E of the staff report. Landscaping is further subject to the approval of the
Fremont Union High School District.
Resolution No. 6051 11-U-00 September 11, 2000
Page-3-
PASSED AND ADOPTED this l lth day of September 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:
ABSTAIN: COMMISSIONERS�
� ABSENT: COMMISSIONERS: Doyle
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ATTEST: APPROVED:
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Steve Piasecki Andrea Harris, C air
Director of Community Development Cupertino Planning Commission
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