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Reso 6788 . EXG2014-12 ___ CITY OF CUPERTINO 10300 Torre Avenue "`� Cupertino, California 95014 - � ..�, i RESOLUTION NO. 6788 : OF THE PLANNING COMIYIISSION OF THE CITY QF CUPERTINO APPROVING A HEIGHT � EXCEPTION TO ALLOW ANTENNAS:OF A PROPOSED PERSONAL WIRELESS SERVICE FACILITY ' TO:BE MOUNTED AT A 1VIAXIIVIUlVI HEIGHT OF 66 FE,ET OR LESS ON A;PLANNED;80-FOOT TAL-L `TREEPOLE AT CIVIC CENTER LOCATED AT 10300 TORRE AVENUE SECTION L• PROTECT DESCRIPTION ' ' Applicatiori No.: :; EXG-2014-12 Applicarit:. Jenny Blocker(for;Verizon Wireless) ` Location: . 1030,0 Torre Avenue SECTION II: FINDINGS FOR EXCEPTION .::,. ° WHEREAS, in order to provide height flexibility in situations where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of Chapter 19.136 occurs, an,applicant for development may file an exception reguest to seek approval to deviate from the standards; and ;-�� ` , �;�f VVHEREAS, the P1��inulg Commission finds the following with regards to the Height Exception for this- a licahon:` � . . ; ; : PP 1. That the literal enforcement of the provisions of -tlii.s chapter (19,136) will result in! restrictions ; iriconsistent with the spirit and intent of this chapter, in that, the purposes of this chapter are to facilitate the development of a wireYess communications infrastructure in the City for commercial,; p'ulolic and ernergericy uses; and to protect the health, safety, welfare and aest�ietic concerris'of t�ie - public. Verizon desires to improve wireless voice and data`communications service and capacity in this area where indoor coverage is considered unsatisfaetory for the library, city hall, surrounding businesses and residential neighborhoods: In general; the extent of the wireless coverage is expected to increase with the height of the antennas. More extensive radio coverage from a single facility is desirable near large residential areas like the Civic Center neighborhood wfiere t:�iere are few good alternatives for siting wireless communication facilities. Lower panel antenna heights would reduce coverage`area'and potentially capacity of this site location. 2. 'Tliat granting of an exception will not result in a condition that will be detrimentai or injurious to property or improvements in the vicinity and will not be materially detrimental to the public'healt.�i, safety or welfare. Radio fr'equency eriergy emissions and noise have been sfudied-and found to be far ` below federal safety standards and city standards. respectively. The wireless facility en�iances the general welfare of the community by providing more communications infrastrucfure and alterriatives for emergency communications. �� _ 3. That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic. The project is nof sited within the travel ways or sight lines of existing pedestrian and motorist routes. . Resolution No.6788 EXC-2014-12 August 25,2015 Page 2 ------------------------------------------------------------------------- ------------------------------------------------------------------------ NOW, THEREFORE, BE IT RESOLVED: � That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. EXC-2014-12 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-2014-12, as set forth in the Minutes of the Planning Commission Meeting of August 25, 2015, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "Verizon Wireless/DEANZA STEVENS CREEK/ 10800 TORRE AVENUE/CUPERTINO, CA 95014/ APN: 369-31-033/ LOCATION #: 249535" prepared by MST ARCHITECTS dated 05/26/15 and consisting of ten sheets labeled T1.1, C-1, C-2, A1.1, A2.1, A2.2, A3.1,A3.2,A3.3, L1.1, 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 ADOI'TED this 25th day of August 2015, 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 Takahashi, Gong, Sun, Paulsen NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS:none ATTEST: APPROVED: - �- ry o Winnie Lee � Assist. Director of Community Development Chair, Planning Commission � G/planning/pdreport/res/2014/EXC-2014-12 res.doc