Reso 6577 EXG2009-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6577
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW ANTENNAS TO BE MOUNTED
AT A HEIGHT OF 97 AND 98 FEET ON AN EXTENSION OF AN EXISTING LATTICE
TOWER LOCATED AT 22330 HOMESTEAD ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2009-09
Applicant: Gordon Bell (for Clearwire)
Location: 22330 Homestead Road
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, in order to provide height flexibility in situations where practical
difficulties, unnecessary hardships or results inconsistent with the purpose and intent of
Chapter 19.108 occurs, an applicant for development may file an exception request to
seek approval to deviate from the standards; and
WHEREAS, the Planning Commission finds the following with regards to the Height
Exception for this application:
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title in that the extra antenna height
above the ordinance maximum of 55 feet is needed to obtain site to site connectivity
for the Clearwire network of communication sites that rely on microwave
communications, not telephone lines;
2. That the proposed project will not be injurious to property or improvements in the
area nor be materially detrimental to the public health, safety, or welfare in that,
visually, the existing lattice tower will be increased in height about six (6) feet,
which is a minor 7% increase in the tower height,
3. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic because it is not sited within the travel ways or sight lines of
pedestrian or vehicular traffic.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. EXC-2009-09 is hereby approved; and
Resolution No. 6577 EXC-2009-09 January 12, 2010
Page 2
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application EXC-2009-09, as set forth in the Minutes of the Planning Corrimission
Meeting of January 12, 2010, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " clearwire/WOODSPRING PG&E/CA-
SJC0080B" prepared by Delta Groups Engineering, Inc. dated 11/2/09 and
consisting of eight sheets labeled T-1, C1, A-1 through A-6, except as may be
amended by the conditions contained in this resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written notice
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 12th day of January 2010, at a regular meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Giefer, Kaneda, Miller
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
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Aarti Shrivastava Paul Brophy, Chai`r ,-�
Director of Community Development Planning Commis�ion '
G/planning/pdreport/res/2009/EXG2009-09 res.doc