EXC-2010-06b � City of Cupertino
, , , 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C l�J P E RT 1 N � FAX (408) 777-3333
Community Development Department
September 29, 2010 -
Ian Crawford
Clearwire
155 Eureka St. #5
San Francisco, Ca. 94114
SUBJECT: PLANNING COMMISSION ACTION LETTER - DIR-2010-35, EXC-2010-06
This letter confirms the decision of the Plarulinf; Commission, given at the meeting of September 28,
2010, approving a referral of a Director's Minor Modification to allow the construction of a personal
wireless service facility, consisting of 3 panel altennas and 4 microwave dishes mounted on a rack
affixed to an existing PG&E lattice tower and a base equipment and approving a Height Exception to
allow the antennas to be mounted at a maximum height of 108 feet on an extension of an existing lattice
tower, located at 11640 Regnart Canyon Drive, according to Planning Commission Resolution No.(s)
6610 and 6611.
Also, please note that an appeal of this decision �an be made within 14 calendar days from the date of
this decision. If this happens, you will be notifiE�d of a public hearing, which will be scheduled before
the City Council.
Sincerely,
;
Colin jung
Senior Planner
Planning Department
Enclosures: Resolution 6610 and 6611
CC: DeCarli Family Trust, Janet DeCarli Trustee, C/O Jenni `er Jodoin, 21710 Stevens Creek Blvd #200, Cupertino CA 95014
g:/planning/post hearing/actionletterDlR-2010-35,EXG2010-06
EXC-2010-06
CITY OF :�UPERTINO
10300 Tc►rre Avenue
Cupertino, C;alifornia 95014
RESOLUT [ON NO. 6611
OF THE PLANNING COMMISS [ON OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION 'I'O ALLOW ANTENNAS TO BE MOUNTED
AT A MAXIMUM HEIGHT OF 108 FE�;T ON AN EXTENSION OF AN EXISTING
LATTICE TOWER LOCATED A7' 11640 REGNART CANYON DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2010-06
Applicant: Ian Crawford (for Cle �rwire)
Location: 11640 Regnart Canyo�i Drive
SECTION II: FINDINGS FOR EXCEPTIO:v
WHEREAS, in order to provide heig:lt flexibility in situations where practical
difficulties, unnecessary hardships or resu Its inconsistent with the purpose and intent of
Chapter 19.108 occurs, an applicant for d evelopment may file an exception request to
seek approval to deviate from the standar�is; and
WHEREAS, the Planning Commission fiiids the following with regards to the Height
Exception for this application:
1. That the literal enforcement of the pr��visions of this title will result in restrictions
inconsistent with the spirit and inteni of this title in that the extra antenna height
above the ordinance maximum of � 5 feet is needed to avoid the obstructions
imposed by the conductors on the lat:ice tower. Antenna height below 55 feet are
potentially obstructed by the canopies of the nearby trees and would be much more
visible to adjacent residents.
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
conditions have been added to protect the roadway from construction-related
damage;
3. The proposed development will not c reate 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. E XC-2010-06 is hereby approved; and
Resolution No. 6611 EXG20"_0-06 September 28, 2010
Page 2
That the subconclusions upon which tr.e findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application EXC-2010-06, as set forth iit the Minutes of the Planning Commission
Meeting of September 28, 2010, and are inc�orporated by reference herein.
SECTION III: CONDITIONS AL�MINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titl �d: " clearwire/ CA-SF00433C-REGNART
CANYON PG&E" prepared by Stre;�mline Engineering and Design, Inc. dated
09/ 03/ 10 and consisting of seven shef �ts labeled T-1, LS-1, A-1 through A-5, except
as may be amended by the conditions c�ontained in this resolution.
2. NOTICE OF FEES, DEDICATIONS, R��,SERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation ��equirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written notice
of a statement of the amount of sucll 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 pr��test 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 ��eriod complying with all of the requirements
of Section 66020, you will be legally ba:,red from later challenging such exactions.
PASSED AND ADOPTED this 28th day c f September 2010, at a regular meeting of the
Planning Commission of the City of Cupe.�tino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Kaneda
NOES: COMMISSIONERS: Miller
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Paul Brophy
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
G/planning/pdreport/res/Z010/EXC-2010-06 res.doc
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