U-2003-12b
10300 Torre Avenue
Cupertinot CA 95014
CITY OF (408) 777-3308
CUP E RJ I NO ___"......_._____________"_____________._""_~ AX_(40?177Z~;?333 ----.-----
Community Development Department
April27t 2004
Leah Hernikl
Ruth and Goingt Inc.
P.O. Box 26460
San Joset CA 95159
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2003-12
This letter confirms the decision of the Planning Commission, given at the
meeting of April 26, 2004t denying a use permit to allow the construction of a
personal wireless service facility consisting of sic PCS panel antennas mounted
on a 55 foot tall treepole and ancillary equipment cabinets, located at 10881 S.
Blaney Avenue, according to Planning Commission Resolution No. 6238
(Denial).
Also, please note that an appeal of this decision can be made within 14 calendar
days from the date of this letter. If this happenst you will be notified of a puDlic
hearing, which will be scheduled before the City Council.
Sinc~rely,
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l__G~Qlia~
Assistant Planner
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Cc : Steve Caserca, Pacific Rim Parkt LLC 5057 Forest Glen Drive
g:jplanninglpost hearinglactionletter U-2003-12
Printed
U-2003-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6238
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL
WIRELESS SERVICE FACILITY CONSISTING OF SIX PCS PANEL ANTENNAS
MOUNTED ON A 55 FOOT TALL TREEPOLE AND ANCILLARY EQUIPMENT
CABINETS LOCATED IN A FENCED ENCLOSURE AT 10881 SOUTH
BLANEY AVENUE, APN 369-34-052
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permitt as described in Section II of this Resolution; and
WHEREASt 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 project is inadequately camouflaged and obstructive in its environmental
context in that it visually dominates its surroundings. The project is thus inconsistent with
the City's Wireless Facilities Master Plan.
NOW, THEREFOREt BE IT RESOLVED:
That after careful consideration of mapst facts, exhibitst testimony and other evidence
submitted in this matter, the application for Use Permit is not 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 No. U-2003-12
as set forth in the Minutes of the Planning Commission Meeting of April 26, 2004 and are
incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U -2003-12
Leah Hernikl (for Cingular Wireless)
Pacific Rim Park, LLC
10881 S. Blaney Avenue
PASSED AND ADOPTED this 26th day of April 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
COMMISSIONERS:
COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson
Saadati
COMMISSIONERS:
COMMISSIONERS:
ABST AIN:
ABSENT:
ATTEST:
APPROVED:
f sf Steve Piasecki
Steve Piasecki
Director of Community Development
f sf Taghi Saadati
Taghi Saadati, Chairperson
Cupertino Planning Commission
g: j planningj pdreportj res j U-2003-12