Reso 6582 EXC-2009-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6582
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW SIX ANTENNAS TO BE
MOUNTED AT A HEIGHT OF 60 - 75 FEET ON A REPLACEMENT LIGHT POLE
WHERE 55 FEET IS ALLOWED AT 21267 STEVENS CREEK BOULEVARD
(MEMORIAL PARK)
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2009-02
Applicant: Dayna Aguirre (for T-Mobile)
Location: 21267 Stevens Creek Boulevard (Memorial Park)
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 provide a safe work
environment for personnel who must maintain the field lights;
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 antennas will be mounted in-line with the rest of the monopole
and the diameter of the radome approximates the diameter of the pole.
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.
Resolution No. 6582 EXC-2009-02 February 9,2010
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. EXC-2009-02 is hereby approved; 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 EXC-2009-02, as set forth in the Minutes of the Planning Commission
Meeting of February 9, 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: "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.
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: APPROVED:
,
,
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Aarti Shrivastava Paul Brophy, air
Director of Community Development Planning Com ission
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