Reso 6583 U-2009-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6583
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL
WIRELESS SERVICE FACILITY, CONSISTING OF A 60-FOOT TALL TREEPOLE
WITH THREE PANEL ANTENNAS AND THREE MICROWAVE DISH ANTENNAS
MOUNTED AT 55 FEET, AND AN EQUIPMENT ENCLOSURE WITH THE
ASSOCIATED EQUIPMENT LOCATED AT AN EXISTING PG&E CORPORATION
YARD AT 10900 NORTH BLANEY AVENUE
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
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, the Cupertino Wireless Facilities Master
Plan and the purpose of this title.
3) That the operation of the facility will comply with federal safety standards for radio
frequency energy exposures.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby approval, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
Resolution No. 6583 U-2009-03 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. U-2009-03 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.: U-2009-03
Applicant: Gordon Bell, Bell & Associates (for Clearwire)
Property Owner: Pacific Gas & Electric Corp.
Location: 10900 Blaney Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " clearwire/Blaney Service Center PG&E/CA-
SJC0126A/SAP NO.: 268302/10900 N. Blaney Ave., Cupertino, CA 94087" prepared
by Delta Groups Engineering, Inc. dated 01/05/10 and consisting of eight sheets
labeled T-1, LS-1, LS-2, A1 through A-5, 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 treepole 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. 6583 U-2009-03 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. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall use a sufficient number of artificial branches to obscure the
appearance of the panel antennae and any associated mounting framework. The top
portion of the tree pole shall have branches of varying length to give the tree pole a
conical form. Panel antennae and microwave dishes mounted away from the mast
shall have needle covers to blend with the green foliage of the artificial branches.
The mast and any antennae mounted close to the mast shall be painted brown to
mimic a tree trunk. The foliage shall have a mottled green coloration and the mast
shall be clad in a faux bark.
The building permit shall be reviewed and approved to the satisfaction of the
Community Development Director to ensure the above conditions are met. The
applicant shall perform regular maintenance of the tree pole to maintain its
appearance and obscure the panel antennae from public view.
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:
Aarti Shrivastava Paul Brophy, air
Community Development Director Planning Com ssion
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