Reso 6657 U-2011-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6657
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL
WIRELESS SERVICE FACILITY,CONSISTING OF TWELVE PANEL ANTENNAS MOUNTED
AT A HEIGHT OF 55 FEET ON A MONOEUCALYPTUS WITH ASSOCIATED BASE
EQUIPMENT IN A COMMON-INTEREST AREA NEAR 23005 VIA ESPLENDOR,FORUM AT
RANCHO SAN ANTONIO
SECTION I: FINDINGS
WHEREAS,the Planning Conunission of the City of Cupertino received an application for a Use
Permit, as described in Seciion 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 Wireless Facilities Master Plan, the Wireless
Communications Facilities Ordinance and the purpose of this title.
3) That the operation of the facility will comply with federal safety standards for radio
frequency energy emissions.
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 approve'd, 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-2011-10 as set
forth in the Minutes of the Planning Commission Meeting of September 27, 2011 and are
incorporated by reference as though fully set forth herein.
Resolution No. 6657 U-2011-10 September 27,2011
Page 2
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SECTION II: PROTECT DESCRIPTION
Application No.: U-2011-10
Applicant: Alex Morin(for Cortel,LLC&AT&T)
Property Owner: The Roman Catholic Bishop of San Jose
Location: common-interest area near 23005 Via Esplendor
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled: "at&t Your World./I-280 & Crooked
Creek/CN4019" prepared by at&t/Ericsson, consisting of nine sheets labeled Z-1 through
Z-8 and LS-1 dated January 25, 2011, except as may be amended by conditions in this
resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2011-13 and TR-2011-31 shall be
applicable to this approval.
3. 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.
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
Comnussion may review the state of wireless communication technologies, camouflage
techniques and maintenance to determine if the visual impact of the aerial facility can be
reduced.
5. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall use a sufficient number of artificial branches to obscure the appearance of
the panel antennas and any associated mounting framework. Panel antennas mounted away
from the mast shall be covered with leaf socks to blend with the mottled foliage of the
artificial branches. Any antenna mounted close to the mast shall be painted to mimic the tree
trunk. The foliage shall have a mottled green/brown coloration.
The building permit shall be reviewed and approved to the satisfaction of the Community
Development Director to ensure the above condition is met. The applicant shall perform
regular maintenance of the tree pole to maintain its appearance and obscure the panel
antennas from public view.
Resolution No.6657 U-2011-10 September 27,2011
Page 3
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6. COLOCATION OF ANTENNAS
The treepole shall be structurally designed to accommodate the collocation of additional
antennas from other wireless carriers. The co-location agreement shall be at market rates
with reasonable compensation to the mast owner.
7. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous period
of 18 months, said aerial and associated facilities shall be removed. The applicant shall
bear the entire cost of demolition.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
8. GEOTECHNICAL REVIEW
The applicant shall obtain a grading permit from the Public Works Department for any
retaining wall four feet or greater in height from the top of the wall to bottom of foundation.
Permit review requires third party review of the geotechnical and structural aspects of the
project.
9. EROSION CONTROL
At the building permit stage, the applicant shall design erosion control measures for the
slope and/or decomposed granite pathway.
PASSED AND ADOI'TED this 27th day of September 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,Sun, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Aarti Shrivastava Winnie Lee,Ch ir ,
Community Development Director Planning Commissi
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