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Reso 6672 EXC-2011-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6672 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HEIGHT EXCEPTION TO ALLOW ANTENNAS TO BE MOUNTED ON A MONOPINE AT A HEIGHT OF ABOUT 64 FEET ON A PERSONAL WIRELESS SERVICE FACILITY LOCATED NEXT TO 22475 RANCHO DEEP CLIFF DRIVE SECTION I: PROTECT DESCRIPTION Application No.: EXC-2011-07 Applicant: Chip Griffin, Ridge Communications (for Verizon Wireless) Property Owner: Rancho Deep Cliff Homeowners Association Location: Common area next to 22475 Rancho Deep Cliff Drive SECTION II: FINDINGS FOR EXCEP'TION 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 occur, 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 provide sight clearance above the surrounding trees and enable the collocation of another wireless carrier's antennas on the monopine, which will provide effective coverage for both wireless carriers. 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 the wireless technology produces RF energy below federal exposure standards, and 3. That 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-2011-07 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 EXC-2011-07, as set forth in the Minutes of the Planning Commission Meeting of October 25, 2011, and are incorporated by reference herein. Resolution No.6672 EXG2011-07 October 25,2011 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "verizonwireless/West Cupertino/Adjacent to 22475 Rancho Deep Cliff Drive/Cupertino, CA 95014 SITE No. 193868" prepared by L.D. Strobel Co. Inc./Design/Construction dated 06/03/11 and consisting of eight sheets labeled T-1, C- 1 (2 sheets), A-1, A-1.1, A-2, A-3 and L-1, 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. PASSED AND ADOPTED this 25th day of October 25, 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: ; � C�' �� _. Aarti Shrivastava, Director Winnie Lee, Cha Community Development Department Planning Commission g:/planning/pdreport/res/2011/EXC-2011-07 res.doc