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Reso 6549 EXC-2008-17 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6549 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HEIGHT EXCEPTION TO ALLOW 8 (EIGHT) PANEL ANTENNAS TO BE MOUNTED AT A HEIGHT OF ABOUT 95 FEET AND A MICROWAVE DISH TO BE MOUNTED AT A HEIGHT OF ABOUT 86 FEET ON AN EXTENSION OF AN EXISTING LATTICE TOWER LOCATED AT NORTH STELLING ROAD AT HOMESTEAD ROAD (STELLING RD. ELECTRICAL SUBSTATION) SECTION I: PROJECT DESCRIPTION Application No.: EXC-2008-17 Applicant: Dayna Aguirre (for T-Mobile) Location: North Stelling Road at Homestead Road (Stelling Rd. Substation) 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 19.108 occurs, 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 expand PCS telephone coverage, which at a lower height will require additional antenna sites in the same area to achieve comparable coverage. 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 radiation below federal exposure standards, • visually, the existing lattice tower will be increased in height about seven (7) feet, which is an 8% increase in the tower height, • the extra height will avoid interference with the existing tower conductors, • the extra height will prevent PG&E staff from being overexposed to RF radiation during routine above-ground maintainence of the substation. 3. 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. Resolution No. 6549 EXC-2008-17 March 10, 2009 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-2008-17 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-2008-17, as set forth in the Minutes of the Planning Commission Meeting of March 10, 2009, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: " SF44041 PGE Stelling Sub/Noranda Drive @ Homestead Rd/ Cupertino, CA 95014" prepared by Michael Wilk Architecture dated 12/17/08 and consisting of seven sheets labeled T-1, C 1, C2, A-1 through A-4, 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 lOth day of March 2009, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Vice Chair Brophy, Miller, Kaneda, Lee NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Chairperson Giefer ATTEST: APPROVED: / G C o Paul Brophy, V e-C i Ci lanner Planning Com ' sion g:/planning/pdreport/res/2008/EXC-2008-17 res.doc