Reso 6599 U-2010-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6599
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 THREE PANEL ANTENNAS AND
THREE MICROWAVE DISH ANTENNAS MOUNTED AND SCREENED ON THE
ROOFTOP OF AN EXISTING CHURCH WITH A GRADE LEVEL BASE EQUIPMENT
ENCLOSURE AT 20900 MCCLELLAN ROAD
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. 6599 U-2010-01 May 11,2010
Page 2
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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-2010-01 as set forth in the Minutes of the Planning Commission Meeting of May
11, 2010 and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2010-01
Applicant: Bradley Head, NSA Wireless (for Clearwire)
Property Owner: Cupertino Church of the Nazarene
Location: 20900 McClellan Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " clearwire/NEW LIFE CHURCH/CA-
SF00434B/20900 MCCLELLAN RD/CUPERTINO, CA 95014" prepared by Connell
Design Group, LLC dated 01/11/10 and consisting of five sheets labeled T-1, LS-1,
A1 through A-3, 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 roof mounting 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. 6599 U-2010-01 May 11,2010
Page 3
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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. POST-CONSTRUCTION RADIO FREQUENCY 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).
7. DISCLOSURE OF PRESENCE OF PERSONAL WIRELESS SERVICE FACILITY
Upon construction of the project, the property owner shall disclose the presence of
personal wireless service facility to users and expected users of the pre-school and
daycare operations and provide a copy of such notice to the Director of Community
Development.
PASSED AND ADOPTED this 11th day of May 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Lee, Giefer, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: Chairperson Brophy
ABSENT: COMMISSIONERS: Kaneda
ATTEST: APPROVED:
Aarti Shrivasta a Paul Brophy, Cha
Community Development Director Planning Commis i n
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