Reso 6581 ASA-2009-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6581
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG AN ARCHITECTURAL AND SITE APPROVAL TO ALLOW THE
REPLACEMENT OF AN EXISTING 60-FOOT TALL BASEBALL FIELD LIGHT POLE
WITH A PERSONAL WIRELESS SERVICE FACILITY, CONSISTING OF A BASE
EQUIPMENT ENCLOSURE AND A 75-FOOT TALL MONOPOLE THAT WILL
CARRY SIX PANEL ANTENNAS, A TEMPORARY MICROWAVE DISH AND THE
BASEBALL FIELD LIGHTS AT AN EXISTING PARK LOCATED AT 21267 STEVENS
CREEK BOULEVARD (MEMORIAL PARK)
SECTION I: FINDINGS
WHEREAS, the Planning Cominission of the City of Cupertino received an application for an
Architectural and Site Approval, 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 Coinmission 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:
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; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan; the purpose of the Architectural and Site
Review Chapter of the Cupertino Municipal Code; the Cupertino Wireless Facilities
Master Plan; and the Wireless Communications Facilities Ordinance, Chapter 19.108 of
the Cupertino Municipal Code.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for Architectural and Site Approval is hereby approved, subject to
the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
Resolution No. 6581 ASA-2009-04 February 9,2010
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 No. ASA-2009-04 as
set forth in the Minutes of the Planning Commission Meeting of February 9, 2010, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: ASA-2009-04
Applicant: Dayna Aguirre (for T-Mobile)
Property Owner: City of Cupertino
Location: 21267 Stevens Creek Boulevard (Memorial Park)
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "SF15041 Memorial Park/Stevens Creek
Boulevard/Cupertino, CA 95014/County of Santa Clara" dated 01/29/10 and
consisting of six sheets labeled T-1, C1, A-1,through A-4, 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.
3. CO-LOCATION OF ANTENNAE
The monopole shall be structurally designed to accommodate the co-location of
additional antennae from other wireless carriers. The co-location agreement shall be
at market rates with reasonable compensation to the mast owner.
4. 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.
Resolution No. 6581 ASA-2009-04 February 9,2010
Page 3
5. EXPIRATION DATE
This use permit shall expire ten (10) 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,
camouflage techniques and maintenance to determine if the visual impact of the
aerial facility can be reduced.
6. PERSONAL WIRELESS SERVICE FACILITY MAINTENANCE
The applicant shall be responsible for the operation and maintenance of the new
personal wireless service facility, including the base equipment, monopole and
baseball field lights. The applicant shall provide the City with company contact
information for the purposes of notification for maintenance and repair work.
7. E UIPMENT ENCLOSURE SCREENING
The base equipment shall be screened from public view as determined by the
Director of Community Development prior to issuance of building permits.
8. MONOPOLE ARTWORK
The artwork (sculpture) final details, including size, materials, color and placement
location on the monopole shall be approved by the Director of Community
Development after consultation with the Fine Arts Commission.
9. POST-CONSTRUCTION RADIO FRE UENCY ENERGY EXPOSURE TESTING
Prior to the commercial operation of this facility, the applicant shall submit a field
test report on the radio frequency energy emissions to the Director of Community
Development confirming that public exposures to generated radio frequency energy
(measured at full power) complies with federal safety standards at ground level and
nearest residential property line (measured at second floor level).
PASSED AND ADOPTED this 9th day of February 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Kaneda, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: AP OVE .
Aarti Shrivastava Paul Brophy, a
Community Development Director Planning Com i '
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