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Reso 6758 _. _. _ _ _ DIR-2014-27 � , � CITY OF CUPERTINO , 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0..6758 OF THE PLANNING COMMISSION.OF THE,CITY OF.CUPERTIN.O APPROVING A REFFERAL __. _ � _ __ , _ __ ; OF A DIRECTOR'S.MINOR MODIFICATION TO ALLOW THE CONSTRUCTION OE A PERSONAL , WIRELESS SERVICE RACILITY, CONSISTING OF 6 PANEL-ANTENNAS MOUNTED ON AN ; EXISTING:SPORTS FIELD LIGHT POLE; A BASE EQUIPMENT STATION LOCATED IN A SPORTS : FIELD BL7ILDING,AND AN EIVIERGENCY GENERATOR LOCATED IN A FENCED AREA QN A ,- �,CONCRETE PAD AT A HIGH SCHOOL LQCATED.AT 10100 FINCII AUENUE -, .� - ; ,, _ , , ; , i SECTION L• FINDINGS � - WHEREAS,the Pl�.vaulg Coirunission of the City of Cupertino received a referral of`a Director"s 1Vlinor 1Vlod-ification, as described in Seetion II of�this Resolution; and `` ` WHEREAS, the necessary public notices have been given in accordance with t11e,Proeedural;Ordinance �� of the City of Cupertino, and the Plai�ululg Co�unission 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 tFie proposed`'location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public healfh, safety, ;general ,�; . weIfare,;or.convenience; , ; _ , . . 2) The proposed use will be located and conducted; in, a manner in accord with the Cupertino � � . � Comprehensive General Plan, fhe Cupertino Wireless:Facilities 1Vlaster Plan, and the pur.pose of this title. � NOW,TF3EREFORE,BE IT RESOLVED: . :: : 'That.after careful consideration of maps, facts, e�chibrts, test�mony.and other evidence submitted in this __. . . . � matter,the application for Director s Minor Modificat�on is hereby approved; and Thaf the subconclusions upon which the findings and condifions;specified in this resolution are based and contained in the public hearing record concexning Application No. DIR-2014-27 as set forth in the Minutes of the Pla�.inulg Com�nission Meeting of August`26,'2014,: are uzcorporated by reference as though fitlly.set forth herein. _ . .,. SECTION II: PROTECT DESCRIPTION �� Application No.: DIR-2014-27 Applicanf: Pamela Nobel(for Verizon Wireless) Location: 10100 Finch Avenue Resolution No.6758 DIR-2014-27 August 26,2014 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. ,,, 'r.r� 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "Verizon Wireless/Cupertino High School PSL#: 278118/10100 Finch Avenue/Cupertino, CA 95014" prepared by Diamond Engineering Services dated 07/02/14 and consisting of twelve sheets labeled G1, C-1, A1, A1.1, A2 through A7, AD1 and AD2, 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. 3. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said antennas and associated facilities shall be removed. The applicant shall bear the entire cost of demolition and removal. 4. EXPIRATION DATE � This Director's Minor Modification shall expire ten (10) years after the effective date of the permit. The applicant may apply for a renewal of the minor modification at which time the Director of Community Development may review the state of wireless communication and camouflage technologies to determine if the visual impact of the personal wireless facility can be reduced. 5. CAMOUFLAGING OF EQUIPMENT The antennas, mounting brackets, and cables that run from the antennas and other aerially mounted equipment to the base equipment shall be painted or housed in conduit that matches the color of the sports field light pole. Exposed cables shall be bundled together and affixed to the light pole and mounting hardware to the extent practical. 6. NOISE PERFORMANCE STANDARD FOR MECHANICAL EQUII'MENT The project's mechanical equipment shall generate noise at the adjacent residential property lines no louder than what is allowed in the City's Community Noise Control Ordinance (Cupertino Municipal Code Section 10.48),which is 55 dBA at nighttime and 65 dBA at daytime. 7. SAFETY TRAINING FOR SCHOOL EMPLOYEES OR SCHOOL-HIRED CONTRACTORS Verizon Wireless or any other subsequent owner of this personal wireless service facility shall train all school employees or school-hired contractors to safely maintain the sports field lights above panel antennas. � Resolution No.6758 DIIZ-2014-27 August 26,2014 - Page 3 � PASSED AND ADOPTED this 26th da of Au sfi 2014 at a re lar meetin of the Plannin Y � � � g g CoiYunission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy,Vice chair Lee,Gong NOES: ` COMMISSIONERS:Sun, Takahashi ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONEIZS:none ATTEST: APPROVED: � � �,,,��,,,,....� �� A' �_.. ��`, -' � Gary/Chac�"'s�w Paul Brophy, Chair As�ist:Direetor of Community Development Pla�.-�ning Coilwlissi� � V �� _ G:CUPNT�PLANNING�PDREPORT�RES�2014�DIR-2014-27.doc