Reso 6576 DIR-2009-36
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6576
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A REFFERAL OF A DIRECTOR'S MINOR MODIFICATION TO
ALLOW THE CONSTRUCTION OF A PERSONAL WIRELESS SERVICE FACILITY,
CONSISTING OF 3 PANEL ANTENNAS AND 3 MICROWAVE DISHES MOUNTED ON A.
RACK AFFIXED TO AN EXISTING PG&E LATTICE TOWER AND A BASE EQUIPMENT
CABINET LOCATED AT 22330 HOMESTEAD ROAD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a
Director's Minor Modification, as described in Section II 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 applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, the Cupertino Wireless Facilities Master Plan,
and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Director's Minor Modification 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 No. DIR-2009-
36 as set forth in the Minutes of the Planning Commission Meeting of January 12, 2010, are
incorporated by reference as though fully set forth herein.
Resolution No. 6576 DIR-2009-36 January 12,2010
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2009-36
Applicant: Gordon Bell (for Clearwire)
Location: 22330 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " clearwire/WOODSPRING PG&E/CA-SJC0080B"
prepared by Delta Groups Engineering, Inc. dated 11/2/09 and consisting of eight sheets
labeled T-1, C1, A-1 through A-6, 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 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
The antennas, mounting brackets, and cables that run from the antennas to the base
equipment shall be painted to match the color of the lattice tower.
Resolution No. 6576 DIR-2009-36 January 12,2010
Page 3
6. POST-CONSTRUCTION RADIO FRE UENCY ENERGY EXPOSURE TESTING
Prior to the commercial operation of this facility, the applicant shall submit a radio
frequency energy assessment to the Director of Community Development confirming
that public exposures to generated radio frequency energy (measured at full power)
complies with federal safety standards.
PASSED AND ADOPTED this 12th day of January 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, Giefer, Kaneda, Miller
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
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