Reso 6611 EXC-2010-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6611
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW ANTENNAS TO BE MOUNTED
AT A MAXIMUM HEIGHT OF 108 FEET ON AN EXTENSION OF AN EXISTING
LATTICE TOWER LOCATED AT 11640 REGNART CANYON DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2010-06
Applicant: Ian Crawford (for Clearwire)
Location: 11640 Regnart Canyon Drive
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 avoid the obstructions
imposed by the conductors on the lattice tower. Antenna height below 55 feet are
potentially obstructed by the canopies of the nearby trees and would be much more
visible to adjacent residents.
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
conditions have been added to protect the roadway from construction-related
damage;
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.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. EXC-2010-06 is hereby approved; and
Resolution No. 6611 EXC-2010-06 September 28, 2010
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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 EXC-2010-06, as set forth in the Minutes of the Planning Commission
Meeting of September 28, 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: " 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, 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 a11 of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
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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.
Aarti Shrivastava Pau Brophy, h ir
Director of Community Development Planning Co i si
G/planning/pdreport/res/1010/EXG2010-06 res.doc