Reso 6496 U-2005-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6496
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL
WIRELESS SERVICE FACILITY CONSISTING OF THREE PCS PANEL ANTENNAS
MOUNTED ON A 32 FOOT TALL FABRICATED LIGHT/MONOPOLE
AND ANCILLARY EQUIPMENT CABINETS LOCATED IN A FENCED ENCLOSURE
AT 20041 BOLLINGER ROAD, APN 369-34-052
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 Wireless Facilities Master Plan, Comprehensive General 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 Use Permit is hereby approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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. U-2005-14
as set forth in the Minutes of the Planning Commission Meeting of December 11, 2007 and
are incorporated by reference as though fully set forth herein.
Resolution No. U-2005-14 December 11,2007
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: U-2005-14
Applicant: Dayna Aguirre, Sutro Consulting (for T-Mobile)
Property Owner: Pacific Rim Park, LLC
Location: 20041 Bollinger Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEI'T.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "SF14949 TIN-TIN MARKET", consisting of 6
sheets labeled T1, T-2, A-1 through A-4 dated 8/17/07, except as may be amended by
the conditions contained in this resolution.
2. PUBLIC WORKS DEPARTMENT APPROVAL
The applicant shall secure an encroachment permit and other necessary approvals from
the public works department to locate the light/monopole in the public right-of-way.
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 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 and camouflage
technologies to determine if the visual impact of the personal wireless facility can be
reduced.
5. LANDSCAPING
The applicant shall replace the two street trees east of the light/monopole with two
healthy, minimum 8-foot tall, 24-inch box trees of the same species or another species
approved by the Department of Public Works. Any irrigation system for the trees shall
be rehabilitated or added if one does not exist.
Resolution No. U-2005-14 December 11,2007
Page 3
PASSED AND ADOPTED this 11th day of December 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Chairperson Giefer, Kaneda, Rose
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Miller
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Steve Piasec i sa Giefer, ir
Director of Community Development ��`— u 'no P nning �mission
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