Reso 6610 DIR-2010-35
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6610
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A REFFERAL OF A DIRECTOR'S MINOR MODIFICATION TO
ALLOW THE CONSTRUCTION OF A PERSONAL WIRELESS SERVICE FACILITY,
CONSISTING OF 3 PANEL ANTENNAS AND 4 MICROWAVE DISHES MOUNTED ON AN
RACK AFFIXED TO AN EXISTING PG&E LATTICE TOWER AND A BASE EQUIPMENT
CABINET LOCATED AT 11640 REGNART CANYON DRIVE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a Director's
Minor Modification, 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.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for Director's Minor Modification 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 No. DIR-2010-35 as set
forth in the Minutes of the Planning Commission Meeting of September 28, 2010, are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2010-35
Applicant: Ian Crawford (for Clearwire)
Location: 11640 Regnart Canyon Drive
Resolution No.6610 DIR-2010-35 September 28,2010
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "clearwire/ CA-SF00433C-REGNART CANYON
PG&E" prepared by Streamline Engineering and Design, Inc. dated 09/03/10 and
consisting of seven sheets labeled T-1, LS-1, A-1 through A-5, except as may be amended
by the conditions contained in this resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATI�NS 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. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous
period of 18 months, said antennae and associated facilities shall be removed. The
applicant shall bear the entire cost of demolition and removal.
4. EXPIRATION DATE
This Director's Minor Modification shall expire ten (10) years after the effective date of the
permit. The applicant may apply for a renewal of the minor modification at which time the
Director of Community Development may review the state of wireless communication and
camouflage technologies to determine if the visual impact of the personal wireless facility
can be reduced.
5. CAMOUFLAGING OF EQUIPMENT
The antennas, mounting brackets, and cables that run from the antennas to the base
equipment shall be painted to match the color of the lattice tower.
6. AVOIDANCE OF DAMAGE AND REPAIR OF REGNART CANYON DRIVE
Prior to construction, the applicant shall conduct a photographic survey of all Regnart
Canyon Drive road defects and provide copies to the City and all affected property owners.
The applicant shall repair all noticeable damage caused by its construction activities.
In addition, the applicant shall not transport pre-mixed concrete to the project site.
Concrete for the equipment pad shall be mixed at the project site.
7. DESIGN REVISION
The design shall be revised to vertically stack the panel and microwave dish antennas on
the members of lattice tower extension.
Resolution No.6610 DIR-2010-35 September 28,2010
Page 3
PASSED AND ADOPTED this 28th day of September 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
NOES: COMMISSIONERS: Miller
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
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