Reso 6679 V-2011-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6679
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A VARIANCE TO ALLOW EQUIPMENT CABINETS TO BE SETBACK LESS
THAN THREE FEET FROM A SIDE YARD RESIDENTIAL PROPERTY LINE NEXT TO 22475
RANCHO DEEP CLIFF DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: V-2011-02
Applicant: Valerie Tallerico, Trillium (for AT&T)
Property Owner: Rancho Deep Cliff Homeowners Association
Location: Common area next to 22475 Rancho Deep Cliff Drive
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Variance, as described on Section I. of this Resolution; and
WHEREAS, the necessary 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 Planning Commission finds that the applicant has met the burden of proof
required to support this application, and has met the following findings in order to grant the
variance:
1) There are special circumstances applicable to the property that do not apply generally to
property in the same district, in that according to the applicant(s), this is the only analyzed
cell site that meets the functional RF coverage requirements for both wireless carriers:
Verizon Wireless and AT&T. The site has good line-of-sight down Stevens Canyon
Road/Foothill Boulevard and all properties downslope to Stevens Creek without the
obstruction of trees and hilly terrain that made the seven alternative sites nonviable for the
applicant. In addition the location is well-screened by shorter trees, with reasonable access to
needed utilities and has a willing property lessor. In addition, the proposed cell site location
on the project property will result in the least amount of visual impacts to the surrounding
neighborhood.
2) The special circumstances applicable to the property deprive the property of privileges
enjoyed by other property in the vicinity and under identical zoning classification. The
common open space areas of R1C-zoned developments are commonly developed as
landscaped pedestrian walkways or recreational facilities. The project site is a narrow
portion of the common-interest area situated between the rear of a single-family residence
and the rear of an apartment building. The area is not conducive to the development of
landscaped pedestrian walkways or recreational facilities.
Resolution No.6679 V-2011-02 October 25,2011
3) The issuance of the variance will not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zoning in which such property is
situated. The only other vicinity properties that are permitted by zoning to host a personal
wireless service facility are: RHS-zoned properties, common open space areas of residential
developments, parks, Deep Cliff Golf Course, Stevens Creek Plaza Shopping Center and
Monta Vista High School. All of these other alternative sites were deemed infeasible by the
applicant. Thus, the granting of this variance does not constitute a grant of special privileges.
4) The variance is not being issued for the purpose of allowing a use that is not otherwise
expressly authorized by the zone regulation governing the parcel of the property. The
Wireless Communications Facilities Ordinance expressly allows the construction of personal
wireless service facilities in commonly-owned areas of residential developments with a use
permit review.
5) The granting of the application will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, and
general welfare, or convenience, and to secure the purpose of the title. The facility has been
designed to blend in with the residential environment and will mitigate noise and geologic
impacts. RF energy exposures are estimated to be well-within federal safety standards. The
availability of wireless communications coverage to this area will improve public
convenience and safety.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for variance is hereby approved by the Planning Commission of
the City of Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application V-2011-02 as set forth
in the Minutes of the Planning Commission Meeting of October 25, 2011 and are incorporated
by reference though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "AT&T/CN4008/RANCHO DEEP CLIFF/ 22475
RANCHO DEEP CLIFF DRIVE/CUPERTINO, CA 95014" prepared by Connell Design
Group, LLC dated 10/04/11 and consisting of nine sheets labeled T1, F1, C-1, A1, A2, A2.1,
A3, A4 and A5, 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,
Resolution No. 6679 V-2011-02 October 25,2011
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.
PASSED AND ADOPTED this 25th day of October 2011, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley, Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Aarti Shrivastava Winnie Lee, Chai
Community Development Director Planning Commission `
g/plaiuring/pdreport/res/2011/V-2011-02