Reso 416812-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESO=ON No. 4168
OF THE PLANNING OCHMISSION OF THE CPTY OF CUPEMNO
REOD3NG APPROVAL OF A USE PERMIT TO MODIFY HEIGHT AND
SECTIONAL STANDARDS TO PERM IK91AUAMCN OF A 60 Fr. HIGH
MIC VVZNVE OM1UNICATION-S TOWER, IN AOOOPMANCE WITH
SECTION 69.1 OF ORDINANCE NO. 22O(G)
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
l WHEREAS, the applicant has met the burden of proof required to support
said application.; and
WHEREAS, the Planning Camnission finis that the application meets the
following requirements:
a) That the use or uses are in conformance with the General Plan of
the City of Cgpertino, and are not detrimental to existing uses
or to uses specifically permitted in the zone in which the
proposed use is to be located.
b) That the property involved •is adequate in size and shape to
accomodate the proposed use.
c) That the proposed use will not generate a level of traffic over
and above that of the capacity of the existing street system.
d) Umt the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious
to property and improvements in the neighborhood.
MI.; 15vN .9 :� -,�. 71•
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this, matter, the application for Use Permit is
hereby reocamerded for approval, subject to the conditions which are
ernmmuted 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 12-U-89 as set forth in the Minutes of the
Adjourned Regular Meeting of the Planning Coimaission of Am 15, 1989, and
are incorporated by reference as though fully set forth herein.
Resolution No. 4168 (12-U-89) 06/15/89
Page -2-
M-face ON
Application No(s): 12-U-89 and 12 -EA -89
Applicant: Coit Comm
Property Owner: Vallco Park, Ltd.
Location: 18922 Force Drive, east of Tantau Avenue
SECFION III. CONDITIONS AM -MS EM BY TIM CurQ JM= DEVE RWM DEPT
'1. APPROVED EXHIBITS
The reoamnendation of approval is based on Site Plan dated 7-30-89,
Line of Site Eadzibit, Elevation Details of Proposed Tower of
Application 12-U-89, except as amended by oonditions contained herein.
2. MJDIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Ccmanmity Development. f
the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If }�
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
If the Director finds that the requested oranges are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Ccamission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Caeaission, an appeal may
be made to the City Council by any interested party. Further, any
` Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said charges by the
Planning Crnm:ission.
3. USE T TMT=ONS
The subject use permit authorizes construction of a 60 ft. microwave
cc municaticn tower located in the rear parking lot as indicated on
the Site Plan of Application 12-U-89.
L
Resolution No. 4168 (12-U-89) 06/15/89
Page -9-
4. FINAL L[XATION
The final location of the tower shall be approved by staff prior to
issuance of building permits to determine that no parking spaces will
be eliminated. In the event that parking spaces are eliminated the
applicant shall install an equal nunber of parking spaces elsewhere on
the site.
At such time that Tandem constructs any office structure in excess of
60 ft. in the vicinity of this aerial, relocation of the tower to the
roof of the new structure should be given strong consideration.
PASSED AND ADOPTED this 15th day of June, 1989, at a regular meeting of
the planning Ccaunission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: CCMMSSIONERS: Szabo, Sorensen, Mackenzie, Claudy, Chr. Adamas
NAYS: CCMISSIONERS: None
ABSTAIN: CCI ISSIONERS: None
ABSENT: CCNMISSIONERS: None
/s/ Robert Cowan
Robert Calan
Director of C=MMity Developnent
PC RESOS\PSo12U89
/s/ Victor Adams
Victor Adams, chMxman
Planning Cameission
M