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EXC-2011-07b City of Cupertino , , , 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 C U P E RT! N O FAX (408) 777-3333 Community Development Department October 26, 2011 Ridge Communications Attn: Chip Griffin 12667 Alcosta Blvd. #175 San Ramon, Ca. 94583 SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2011-07, ASA-2011-09, EXC-2011-07, V- 2011-01, TR-2011-12 This letter confirms the decision of the Planning Commission, given at the meeting of October 25, 2011, approving a Use Permit and Architectural and Site Permit to demolish an existing lattice tower and allow the construction of a personal wireless service facility, consisting of six panel antennas mounted on a 70-foot tall collocatable monopine with an associated base equipment enclosure at a planned residential development; a Height Exception Permit to allow antennas to be mounted on a monopine at a height of 64 feet on a personal wireless service facility; a Variance Permit to allow a personal wireless service facility mast to be setback eight feet from an abutking residential property where 75 feet is required; and a Tree Removal Permit to allow the removal and replacement of one 45" diameter Monterey Pine and two Chinese Pistaches to facilitate the construction of a person wireless service facility, located near 22475 Rancho Deep Cliff Drive, according to Planning Commission Resolution No. (s) 6671, 6672, 6673, 6674 and 6675. Please be aware that if this Permit is not used within a ten-year period, it shall expire on October 25, 2021. Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing of the notice of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, , ��,� i .," � colin Jung Senior Planner Planning Department Enclosures: Resolution 6671, 6672, 6673, 6674 and 6675 CC: Saul Hoffinan, Rancho Deep Cliff HOA, 22475 Rancho Deep Cliff D� Cupertino CA 95014 Verizon Wireless, 2785 Mitchell Dr #9, Walnut Creek CA 94589 Rancho Deep Cliff HOA, c/o Compass Management Group, Attn: Lyle Peddicord, 77 Las Colinas Ln, San Jose CA 95119 EXC-2011-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6672 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HEIGHT EXCEPTION TO ALLOW ANTENNAS TO BE MOUNTED ON A MONOPINE AT A HEIGHT OF ABOUT 64 FEET ON A PERSONAL WIRELESS SERVICE FACILITY LOCATED NEXT TO 22475 RANCHO DEEP CLIFF DRIVE SECTION I: PROTECT DESCRIPTION Application No.: EXC-2011-07 Applicant: Chip Griffin, Ridge Communications (for Verizon Wireless) Property Owner: Rancho Deep Cliff Homeowners Association Location: Common area next to 22475 Rancho Deep Cliff Drive 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 occur, 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 provide sight clearance above the surrounding trees and enable the collocation of another wireless carrier's antennas on the monopine, which will provide effective coverage for both wireless carriers. 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 RF energy below federal exposure standards, and 3. That 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. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. EXC-2011-07 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-2011-07, as set forth in the Minutes of the Planning Commission Meeting of October 25, 2011, and are incorporated by reference herein. Resolution No. 6672 EXC-2011-07 October 25, 2011 ------------------------------------------------------------------- ------------------------------------------------------------------- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "verizonwireless/ West Cupertino/ Adjacent to 22475 Rancho Deep Cliff Drive/Cupertino, CA 95014 SITE No. 193868" prepared by L.D. Strobel Co. Inc./ Design/ Construction dated 06/ 03/ 11 and consisting of eight sheets labeled T-1, C- 1(2 sheets), A-1, A-1.1, A-2, A-3 and L-1, 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 25th day of October 25, 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley, Sun NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: / s/ Aarti ShrivastaUa / s/ Winnie Lee Aarti Shrivastava, Director Winnie Lee, Chair Community Development Department Planning Commission g/planning/pdreport/res/2011/EXC-2011-07 res.doc • • or a � �ona . n orma ion . ee i e � �. _ _ _ _ _ _ _ _ �-, � ���:.-���,