Reso 6564 DIR-2009-20
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6564
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 3 MICROWAVE DISHES MOUNTED ON AN RACK AFFIXED TO AN
EXISTING PG&E LATTICE TOWER AND A BASE EQUIPMENT CABINET LOCATED AT 10655
MARY AVENUE
SECTION I: FINDINGS
WHEREAS, the P1aruling Coininission 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-2009-20 as set forth in the
Minutes of the Planning Corrunission Meeting of September 8, 2009, are incorporated by reference as
though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2009-20
Applicant: Gordon Bell (for Clearwire)
Location: 10655 Mary Avenue
Resolution No. 6564 DIR-2009-20 September 8,2009
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " clearwire/LOC-N-STOR PG&E TOWER/CA-SJC0057A" prepared
by Delta Groups Engineering, Inc. dated 7/28/09 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.
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.
PASSED AND ADOPTED this 8th day of September 2009, at a Regular Meeting of the Planning
Coininission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer,Vice Chair Brophy, Miller, Kaneda
Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
A D: ��
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Aarti Shrivastava Li a Gie ' � ''
Director of Community Development anning Commission �