EXC-2009-08bCUPERTIN~
September 9, 2009
Mr. Gordon Bell
4020 Sierra Springs Drive
Pollock Pines, Ca. 95726
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
SUBJECT: PLANNING COMMISSION ACTION LETTER - DIR-2009-21 &
EXC-2009-08
This letter confirms the decision of the Planning Commission, given at .the
meeting of September 8, 2009, approving a referral 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 and
approval of a Height Exception to allow the 3 antennas to be mounted at a height
of about 158 feet and the 3 microwave dishes to be mounted at a height of about
157 feet on an extension of an existing lattice tower, located at the PG&E
substation at the terminus of California Oak Way, according to Planning
Commission Resolution No. 6566 and 6567.
Please note that an appeal of this decision can be made within 14 calendar days
from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council.
Sincerel ,
Colin ng
Senior Planner
Enclosures
Resolutions 6566 & 6567
CC : PG&E, Sean Kennedy, 245 Market Street 10th Floor, San Francisco, CA 94105
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6567
EXC-2009-08
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW 3 (THREE) PANEL ANTENNAS TO BE
MOUNTED AT A HEIGHT OF ABOUT 158 FEET AND 3 (THREE) MICROWAVE DISHES
TO BE MOUNTED AT A HEIGHT OF ABOUT 157 FEET ON AN EXTENSION OF AN
EXISTING LATTICE TOWER LOCATED AT THE PG&E SUBSTATION AT THE
TERMINUS OF CALIFORNIA OAK WAY
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2009-08
Applicant: Gordon Bell (for Clearwire)
Location: PG&E substation at the terminus of California Oak Way
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
occurs, 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 obtain site to site com~ectivity for the Clearwire
network of communication sites that rely on microwave communications, not telephone lines;
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, visually, the existing
lattice tower will be increased in height about six (6) feet, which is a minor 4% increase in
the tower height,
3. 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-2009-08 is hereby approved; and
Resolution No. 6567 EXC-2009-08 September 8, 2009
Page 2
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-2009-08, as set
forth in the Minutes of the Planning Commission Meeting of September 8, 2009, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
I~RPT_
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "Clearwire/CALIFORNIA OAKS PG&E /CA-
SCJ00081B" prepared by Delta Groups Engineering, Inc. dated 8/14/09 and consisting of six
sheets labeled T-1, LS-1, LS-2, A-1 through A-4, 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 Governnment 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 8th day of September 2009, at a regular meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Brophy, Miller, Kaneda, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
/s/Aarti Shrivastava
Aarti Shrivastava
Director of Community Development
APPROVED:
/s/Lisa Giefer
Lisa Giefer, Chair
Planning Commission
g.•/planning/pdreport/res/2009/EXC-2009-08 res.doc