DRC Reso 07020 -ASA -01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 70
OF. THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING THE LOCATION OF A PREVIOUSLY APPROVED PCS MONOPOLE,
EQUIPMENT PAD, LANDSCAPING AND TREE PROTECTION MEASURES AT 10602
NORTH PORTAL AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: 20 -ASA -01
Applicant: MetroPCS
Location: 10602 North Portal Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an application
for an Architectural and Site Approval, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area;
1. The proposal, 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 proposal is consistent with the purposes of the zoning ordinance, and the General
Plan;
3. The design will not result in abrupt changes in building scale between the subject site and
neighboring properties;
4. The proposal will use materials that obscure its visibility from adjacent properties; and
5. The approval is consistent with the conditions of approval in file no. 07-U-01
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no. 20 -ASA -01, 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 20 -ASA -01 as
set forth in the Minutes of the Design Review Committee Meeting of January 16, 2002, and
are incorporated by reference herein.
Resolution No. 70 20 -ASA -01 January 16, 2002
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set "CWS -North Portal #SFA -C07 -133A, 10602 N. Portal
Ave., Cupertino, CA 95014" dated 11/16/01, and consisting of 12 pages labeled T-1, T-2,
C-1, A-1.0, A-1.1, A-2.0, A-2.1, A-3.0, A-3.1, E-1, E-2 and S-1, except as may be amended by
the conditions in this resolution.
2. TREE PROTECTION MEASURES
To protect the root systems of the cedars, the applicant shall contract with an arborist to
monitor construction of the project. The arborist shall prepare and deliver a letter to the
Community Development Dept., documenting that the tree protection measures below
have been implemented:
a. The monopole shall be centered between the two trunks of the deadora cedars.
b. The cabinet equipment pad shall be no more than 12 inches deep.
c. The monopole concrete foundation and the equipment pad shall be surrounded by a
non -permeable liner.
d. The cable runs shall be located above ground.
3. TREE BOND
Prior to building permit approval, the applicant shall submit a tree protection bond in the
amount of $40,000. The bond may be released upon written documentation to the
Community Development Dept. by an arborist, determining that the trees were not
irreversibly damaged and are expected to survive.
4. 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.
Resolution No. 70 20 -ASA -01 January 16, 2002
Page 3
PASSED AND ADOPTED this 16th day of January 2001, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
COMMISSIONERS: Chen, Chair Auerbach
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
g.1planning/dre/resos/20-ASA-01 res.doc
APPROVED:
Design Review Committee