Reso 6052 09-EXC-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6052
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW 3 PANEL ANTENNAE
TO BE ERECTED AT A HEIGHT OF ABOUT 67 FEET WHEREAS 55 FEET
IS PERMITTED BY ORDINANCE 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 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 met the burden of proof required to support this application, and has
( 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 submitted documentation substantiating a significant improvement in
received signal hand-off at 65 feet in comparison to the lower allowed height of 55 feet.
( • The difference in antenna height will not have a significant visual impact given the existing
� light pole height of 81 feet.
• The increased height provides greater flexibility for a collocated set of antennae below the
proposed antennae and provides greater vertical separation between the bleachers and potential
collocated antennae.
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� 1) 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. The difference in antenna height will not have a significant visual impact
given the existing pole height of 81 feet. The proposed height provides adequate separation and
� distance between radio emissions and the general public.
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( 2) That the exception to be granted will not result in a hazardous condition for pedestrian and
( vehicular traffic. The equipment will be located on a r�ole, in a building or underground—away
from pedestrian and vehicular traffic.
Resolution No. 6052 09-EXC-00 September 11, 2000
Page-2-
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 approved, 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 09-EXC-00 as set forth in the
' Minutes of the Planning Commission Meeting of September 11, 2000 and are incorporated by
� reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 09-EXC-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.
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I 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.
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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:
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AYES: COMMISSIONERS: Corr, Kwok, Stevens and Chair Harris
( NOES: COMMISSIONERS:
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
� ATTEST APPROVED:
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` Steve iaseck Andrea Harris, Chair
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/res09exc00