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107-F. PC Resolution No. 6616.pdfATTACHMENT F DIR-2010-28 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.6616 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF AN APPEAL OF A DIRECTOR'S MINOR MODIFICATION ALLOWING A PERSONAL WIRELESS SERVICE FACILITY, CONSISTING OF THREE PANEL ANTENNAS AND FOUR ASSOCIATED EQUIPMENT CABINETS ON AN EXISTING UTILITY POLE AT 11371 BUBB ROAD SECTION 1: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a Director's Minor Modification application, file no. DIR-2010-28, as described in Section 11 of this Resolution; and WHEREAS, 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 changes are deemed minor in nature; and WHEREAS, the personal wireless service facility is not located in an inappropriate location, in that the facility meets federal safety limits for radio frequency energy exposure for ground level, second floor residential locations and nearby land uses, such as a school; and that the facility is sited in an appropriate location and designed in accordance with the City's Wireless Master Plan and Wireless Communications Facilities Ordinance; and NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the appeal of Director's Minor Modification, file no, DIR2010-28 is hereby recommended for denial; 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. DIR-2010- 28 as set forth in the Minutes of the Planning Commission Meeting of November 9, 2010, and are incorporated by reference as though fully set forth herein. Resolution No.6616 11371 Bubb Road Microcell Facility November 9, 2010 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: DIR-2010-28 (appeal) Applicant: Dayna Aguirre, Sutro Consulting, for T-Mobile Property. Owner: Pacific, Gas & Electric Location: in front of 11371 Bubb Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Director's Minor Modification Approval Memorandum, file no. DIR-2010-28 with attachments 1 through 6 dated September 7, 2010. 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 antennae 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 All cables shall be enclosed in conduit. The mounting brackets, conduit and equipment cabinets shall be painted to match the color of the utility pole. 6. POST -CONSTRUCTION RADIO FREQUENCY ENERGY EXPOSURE TESTING Prior to the commercial operation of this facility, the applicant shall submit a field test report on the radio frequency energy emissions to the Director of Community Development measuring public exposures to generated radio frequency energy N Resolution No.6616 11371 Bubb Road Microcell Facility November 9, 2010 Page 3 (measured at full power) and comparing them with federal safety standards as measured at: ® ground level, ® nearest residence measured at existing or potential second floor level, and ® nearest residences at 100 feet in the westerly and southerly directions measured at the existing or potential second floor level. A second field test report shall be prepared addressing the same radio frequency energy exposures after one year of operation of the personal wireless service facility. PASSED AND ADOPTED this 9th day of November 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Kaneda & Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: Giefer ABSENT: COMMISSIONERS: none ATTEST: s Aarti Shrivastava Aarti Shrivastava Director of Community Development g:/plan;ng/pdreport/res/2010/DM-2010-05 res APPEAL.doc 3 APPROVED: /s/Paul Brophy Paul Brophy, Chair Cupertino Planning Commission