PC Summary 05-23-06
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
From:
Steve Piasecki, Director of Community Development
Subj:
May 30, 2006
REPORT OF PLANNING COMMISSION DECISIONS MADE
May 23, 2006
Date:
Chapter 19.32 of the Cupertino Municipal code provides for
a eaI of decisions made b the Plannin Commission
1. Application
EXC-2006-04; Wayne Okubo (Wahoo Fish Taco), 19626 Stevens Creek Blvd
Description
Approving a Sign Exception to allow exposed neon on two wall signs at Market
Place Shopping Center
Action
The Planning Commission approved the application on a 5 - 0 vote.
The fourteen-calendar day appeal will expire on June 5, 2006.
Enclosures:
Planning Commission Report of May 23, 2006
Planning Commission Resolution No. 6391
Approved Plan Set
2. Application
U-2006-05, EXC-2006-03; Jim Mattison (Union Pacific Railroad), McClellan Road
& railroad tracks
Description
Denying a Use Permit to allow the construction of a multi-user personal wireless
service facility consisting of a 65 foot tall tree pole and ancillary equipment
cabinets and a height Exception to allow a 65 foot tree pole
Action
The Planning Commission denied the application on a 3-1-1 vote.
The fourteen-calendar day appeal will expire on June 5, 2006.
Enclosures:
Planning Commission Report of May 23, 2006
Planning Commission Resolution No. 6389 & 6390
Denied Plan Set
:planning/Post Hearing/summary to cc052306
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
EXC-2006-04 Agenda Date: May 23, 2006
Wayne Okubo (Wahoo's Fish Taco)
Evershine VI, LP
19626 Stevens Creek Boulevard
Application Summary:
Sign exception to allow exposed neon on two wall signs at the Marketplace
shopping center.
RECOMMENDATION:
Staff recommends that the Planning Commission approve EXC-2006-04 subject to
the model resolution.
BACKGROUND:
On April 6, 2002, the Design Review Commission approved a master sign
program for the Marketplace Shopping Center. The location, design and size of
Wahoo's signs were approved as part of the master program. The applicant is
now requesting approval to allow for neon accents around the logo on the signs.
The use of exposed neon requires a sign exception from the Planning
Commission to ensure that the neon is used tastefully. The most recent cases of
the City allowing the use of neon was with BJ's Restaurant in September of 2002
and Elephant Bar Restaurant in September of 2004.
DISCUSSION:
The intent of the Sign Ordinance is to:
· Provide architectural and aesthetic harmony of signs as they relate to
building design.
· Allow for good visibility for the public and the needs of the business.
· Provide regulations that will be compatible with the building, siting, and
the land uses.
The applicant is proposing to accent the fish logo on the both of the wall signs
with a thin white strip of neon to help delineate the shape of the fish. The
proposed neon is not excessive or distracting to the public and is harmonious
with the building design and the rest of the shopping center. In addition, the
accent neon will help improve the individual identification of the business. The
rest of the sign will not have any exposed neon. Staff supports the proposed
neon trim.
1
~-1
Submitted by: Gary Chao, Associate Planner <Ç V ,
Approved by: Steve Piasecki, Director of Community Developmentc>~ /tL~Æ (
~
Enclosures:
Model Resolution
Sign Plan
2
c1-:2
EXC-2006-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
FOR A SIGN EXCEPTION TO ALLOW EXPOSED NEON ON TWO
WALL SIGNS AT MARKETPLACE SHOPTING CENTER
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2006-04
Wayne Okubo (Wahoo's Fish Taco)
19626 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an exception to the Sign Code, as described in this Resolution; and
WHEREAS, the Planning Commission finds the following with regards to this
application:
a) That the literal enforcement of the provIsIons of this title will not result in
restrictions inconsistent with the spirit and intent of this title, in that the exposed
neon accent trim does improve the identification of the business and is harmonious
with the design of the building! signs;
b) That the granting of the exception will not result in a condition which is not
detrimental to public health, safety and welfare; and
c) That the exception to be granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose
in that the exposed neon accent is only around the fish logo on the wall signs.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to the sign ordinance for an exposed neon
ground sign border is hereby approved subject to the conditions which are enumerated
in this Resolution; and
d-'O
Resolution No.
Page 2
EXC-2006-04
May 23, 2006
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set titled: "Wahoo's Fish Taco, 19626 Stevens Creek
Blvd., Cupertino, CA" dated July 25, 2005, consisting of five pages, except as may be
amended by conditions in this resolution.
2. EXPIRATION DATE OF APPROVAL
This sign exception approval shall be valid for only one (1) year from the date of
approval.
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.
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-2006-04, as set forth in the Minutes of the Planning Commission
Meeting of May 23, 2006 and are incorporated by reference herein.
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chairperson
Cupertino Planning Commission
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EXC-2006-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6391
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FOR
A SIGN EXCEPTION TO ALLOW EXPOSED NEON ON TWO WALL
SIGNS AT MARKETPLACE SHOPTING CENTER
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2006-04
Wayne Okubo (Wahoo's Fish Taco)
19626 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an exception to the Sign Code, as described in this Resolution; and
WHEREAS, the Planning Commission finds the following with regards to this
application:
a) That the literal enforcement of the provIsIons of this title will not result in
restrictions inconsistent with the spirit and intent of this title, in that the exposed
neon accent trim does improve the identification of the business and is harmonious
with the design of the building! signs;
b) That the granting of the exception will not result in a condition which is not
detrimental to public health, safety and welfare; and
c) That the exception to be granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose
in that the exposed neon accent is only around the fish logo on the wall signs.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to the sign ordinance for an exposed neon
ground sign border is hereby approved subject to the conditions which are enumerated
in this Resolution; and
Resolution No. 6391
Page 2
EXC-2006-04
May 23, 2006
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set titled: "Wahoo's Fish Taco, 19626 Stevens Creek
Blvd., Cupertino, CA" dated July 25, 2005, consisting of five pages, except as may be
amended by conditions in this resolution.
2. EXPIRATION DATE OF APPROVAL
This sign exception approval shall be valid for only one (1) year from the date of
approval.
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.
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-2006-04, as set forth in the Minutes of the Planning Commission
Meeting of May 23, 2006 and are incorporated by reference herein.
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Saadati, Wong
Chien
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
AYES:
ATTEST:
APPROVED:
I s/Steve Piasecki
Steve Piasecki
Director of Community Development
Is/Marty Miller
Marty Miller, Chairperson
Cupertino Planning Commission
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CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant (s):
Property Owner:
Property Location:
U-2006-05, EXC-2006-03 Agenda Date: May 23, 2006
Jim Mattison (for AAT Communications Corp.)
Union Pacific Railroad
Approximately 600 feet southerly of McClellan Road along the
Union Pacific Railroad corridor
APPLICATION SUMMARY
1) Use permit to erect a telecommunication facility consisting of a 65-foot monopole
(treepole) and ground equipment.
2) Height Exception for a 65-foot monopole (treepole) for a telecommunications facility
to exceed 55 feet in height.
RECOMMENDATION
1) Discuss the applications and continue them to a future public hearing to allow
the applicant time to redesign the proposal to improve the visual screening, or
2) If the continuance is unacceptable to the applicant, deny the applications, per the
model resolution.
PROJECT DATA
General Plan Land Use DesigrIation:
Zoning:
Existing Land Use:
Maximum Height of Antennas:
Distance to Nearest Residential Property:
Required Setback to Residential:
Environmental Determination:
Transportation
BQ- Quasi-Public Building
Railroad right-of-way
65 feet
65+ feet
65 feet
Categorical Exemption, Section 15303:
New Construction or Conversion of
Small Structures
BACKGROUND:
Proiect: The applicant, Jim Mattison, representing AAT Communications Corp., is
proposing to construct a 110' long by 15' wide multi-user personal wireless service
facility, consisting of a 65-foot tall treepole and a base equipment pad enclosed by an 8-
foot tall chain link fence in the Union Pacific Railroad right-of-way (formerly Southern
Pacific Transportation Company). The northerly end of the facility is located about 600
feet southerly of McClellan Road and would be accessed by an unimproved gravel
access driveway from McClellan Road. A Santa Clara Valley Water District 15-foot
5-1
File No. U-2006-05, EXC-2006-03
Page 2
May 23, 2006
water pipeline easement parallels the proposed facility. The concrete pad and antenna
base are outside of the easement area, but the chain link fence encroaches on the
easement at grade and the antennas encroach on the easement 33 to 65 feet above grade.
The proposed treepole that would carry the panel antennas is located on the southern
side of the facility, easterly of a grove of Redwood trees located on Santa Clara Valley
Water District property. The plan set shows a pole that could accommodate four racks
of antennas. The facility is proposed for Cingular Wireless, which has a pending
application to locate on the treepole if it is approved and built. The applicant believes
other wireless communications carriers will be interested in the site and has shown an
enlarged equipment pad to indicate its potential for at least four carriers.
The surrounding land uses are: a two-story apartment complex to the east; single-family
residential and the railroad corridor to the south; a Santa Clara Valley Water District
groundwater recharge (pond) facility to the west; and light industrial uses and the
railroad corridor to the north.
Neighborhood Meeting: The applicant hosted a neighborhood meeting on May 3, 2006
with noticing going out to a 1000-foot radius. Eleven residents attended the evening
meeting. The residents had numerous questions about the project, including who
organized the meeting and who the notices went to; the exact location of the proposed
facility on the property and its distance from nearby residences; which carrier(s) were
going to occupy the facility and how many; the safety of radio frequency radiation and
how much would be cumulatively generated by the carrier(s); where existing wireless
facilities were and who operated them; Attendees were provided with copies of the
radio frequency radiation assessment, photosimulations, facility plarIS and location
maps of existing facilities.
DISCUSSION
Location
The proposed multi-user treepole is located about 710 feet southerly of McClellan Road.
Based on the drawings showing hypothetical antenna arrangements, the lower antennas
on the treepole are about 65 feet away from the property line of the 2-story apartment
building on the east. The uppermost set of antenna should be mounted closer to the
pole to achieve a residential setback at least equal to the height of the antennas. The
aerial photograph below shows other measured distances to residential properties, all
within the ordinance setback standards of 50 feet or the height of the antennas,
whichever is greater.
5~;;(
File No. U-2006-05, EXC-2006-03
Page 3
May 23, 2006
I. Approximate Location of Treepole
Visual Screening
Base Equipment. As depicted the base equipment will be visible on the equipment pad.
If the use permit application is approved, a condition should be added to the resolution
requiring a vegetative green color opaque mesh to be mounted to the fencing in order to
screen the base equipment.
Treepole. The applicant is proposing a treepole like the one erected at 3860 Middlefield
Road, Palo Alto, CA. Staff took several pictures of this treepole that are attached as
Exhibit A. The applicant has provided three photosimulations to depict how the
treepole would appear at the proposed location (Exhibit B). The vantage points selected
are:
1) the intersection of McClellan Road and the UPRR corridor;
2) common area within the apartment complex; and
3) a west side trail next to the percolation pond on Water District property.
5~3
File No. U-2006-05, EXC-2006-03
Page 4
May 23, 2006
Because of the heavy onsite landscaping on the Water District property, the project site
has very limited visibility from Bubb Road.
As can be seen in the simulations, the treepole is visible in all three perspectives,
although the existing trees in the foreground or background reduce the visibility of the
pole. This is not considered satisfactory screening in accordance with the Siting and
Design Guidelines of the City's Wireless Master Plan.
Staff's preference is to shift the treepole southerly along the railroad corridor until the
existing, tall redwoods act as an effective visual foreground or background to the
treepole. This has been simulated by staff by shifting the treepole image in the
applicant's photosimulations (Exhibit C) to demonstrate the additional level of
screening that can be achieved. The applicant is open to this idea of shifting the
treepole to a less visible vantage point, but lacked sufficient time to re-survey the site
and modify the drawings before the hearing.
The plans also depict additional landscape screening on the east side of the railroad
corridor between the treepole and apartment complex. Staff is recommending the
planting of 48" box coastal redwoods or other similar fast-growing, evergreen tree in
the landscape gaps with needed irrigation until the trees have become established. Staff
would also recommend additional large trees on the north and south sides of the project
site at the edge of the railroad corridor to screen views from those directions.
Staff recommends that the Planning Commission discuss the applications and continue
it with directions to the applicant as to screening and location preference.
Radio Frequency Radiation (RFR) Assessment
A cumulative RFR assessment was prepared by Hammett & Edison, Inc. (Exhibit D )
based on a hypothetical antenna build out of the treepole. A corrected Figure 3 is
included with this report that was not available at the neighborhood meeting. In
addition, an answer to a technical question asked at the neighborhood hearing is
included in the back of the report.
Based on the report assumptions, the maximum ground-level RF exposure due to
multiple sets of antennas at different heights is estimated to be 0.021 mW! cm2 ,which is
2.5% of the applicable public exposure limit. The maximum calculated level at the
second floor elevation of any nearby building is 3.4% of the applicable exposure limit.
Federal law prohibits local governments from making decisions on personal wireless
service facilities based on RF considerations if the RF levels are below Federal
5,'-f
File No. U-2006-05, EXC-2006-03
Page 5
May 23, 2006
Communications Commission safety standards.
Since the type and number of antennas, the power output and mounting height may
vary from this study, each company seeking to locate on this proposed treepole should
prepare an individual RF study, taking into account project, approved and background
RF levels. Staff recommends adding such a condition if this project is approved.
Equipment Noise
Although no base equipment has been proposed with this application, such equipment
has the potential to generate noise in excess of City standards. A condition should be
added to any use permit approval, requiring each carrier interested in locating on this
monopole to provide a noise assessment of project and ambient noise with mitigations,
if needed, to bring noise levels in conformance with the City noise ordinance.
De AnzafUnion Pacific Trail
The Land Usef Community Design Element of the General Plan envisions a regional
trail along the Union Pacific Railroad corridor, extending from Cupertino all the way to
Los Gatos. Acquisition of right-of-way or pedestrian easements is anticipated. As
Union Pacific is consenting to a new land use and improvements to its property, not
connected to its railroad transportation activities, staff recommends that any use permit
approval be conditioned with a requirement to provide an improved trail from
McClellan Road to Rainbow Drive with the granting of an easement for pedestrian and
bicyclist public access.
Submitted by: Colin Jung, Senior Planner
Approved by: Steve Piasecki, Director of Community Developme~
ENCLOSURES
Use Permit and Height Exception Model Resolutions of Denial
Draft Use Permit and Height Exception Model Resolutions of Approval
Exhibit A: Palo Alto Treepole piciures
Exhibit B: 3 photosimulations prepared by Previsualisis
Exhibit C: 2 modified photosimuIations, showing treepole location shift
Exhibit D: RFR Study prepared by Hammett & Edison, Inc. da1ed February 9, 2006
Plan Set
G: \ Planning \ PDREPORT\ pcUsereports \ U-2006-05.doc
5-5
Exhibit: A
Palo Alto Treepole
3860 Middlefield Road
5~0
U-2006-0S
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. (denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A MULTI-USER
PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF A 65-FOOT TALL
TREEPOLE AND ANCILLARY EQUIPMENT CABINETS LOCATED IN A FENCED
ENCLOSURE 600 FEET SOUTHERLY OF MCCLELLAN ROAD ALONG THE UNION
PACIFIC RAILROAD CORRIDOR, APN 362-01-025
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, 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 project's treepole is inadequately screened and blended with natural
landscaping in accordance with adopted siting and design guidelines and is considered
visually obtrusive in its environmental context. The project is thus inconsistent with the
City's Wireless Facilities Master Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is not approved; and
That the subconcIusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. U-2006-05
as set forth in the Minutes of the Planning Commission Meeting of May 23, 2006 and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2006-05
Jim Mattison (for AAT Communications Corp.)
Union Pacific Railroad
600 feet southerly of McClellan Road along the Union Pacific Railroad
corridor
5 ;7
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chair
Cupertino Planning Commission
g:1 planningl pdreportl res IU-2006-05 deniaI.doc
5--ß
EXC-2006-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Califomia 95014
RESOLUTION NO. (denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A HEIGHT EXCEPTION TO ALLOW A 65-FOOT TALL TREEPOLE AT A
LOCA TION APPROXIMATELY 600 FEET SOUTHERLY OF MCCLELLAN ROAD ALONG
THE UNION PACIFIC RAILROAD CORRIDOR
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2006-03
Jim Mattison (for AAT Communications Corp.)
about 600 feet southerly of McClellan Road along the Union
Pacific Railroad corridor
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, in order to provide height flexibility in situations when collocation of personal
wireless service antennas is desirable from a design and visual standpoint, 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 siting and visual screening of the treepo1e are inadequate and create obtrusive visual
impacts that are aggravated by the extra height of the treepole proposed under this height
exception.
2. That the proposed project will be injurious to property or improvements in the area and be
materially detrimental to the public welfare in that the treepole is inadequately screened in
accordance with the siting and design guidelines of the City's Wireless Facilities Master
Plan, and would degrade the visual environment ofthe area.
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-2006-03 is hereby denied; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record conceming Application EXC-2006-03, as set
forth in the Minutes of the Planning Commission Meeting of May 23,2006, and are incorporated
by reference herein.
sß)
Resolution No.
Page 2
EXC-2006-03
May 23, 2006
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTA1N:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chair
Planning Commission
g:/planning/pdreport/res/EXC-2006-03 res. doc
6 _/D
U-2006-0S
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A MULTI-USER
PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF A TREEPOLE FOR
ANTENNA MOUNTING AND ANCILLARY EQUIPMENT CABINETS LOCATED IN A
FENCED ENCLOSURE AT A LOCATION APPROXIMATELY 600 FEET SOUTHERLY
OF MCCLELLAN ROAD ALONG THE UNION PACIFIC RAILROAD CORRIDOR
APN 362-01-025
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, 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 weIfare, or convenience;
2) The proposed use will be located and conducted in a marIner in accord with the
Cupertino Wireless Facilities Master Plan, Comprehensive General 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 Use Permit is hereby approved, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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. U-2006-05
as set forth in the Minutes of the Planning Commission Meeting of May 23, 2006 and are
incorporated by reference as though fully set forth herein.
5 ~/I
DRAFT
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2006-05
Jim Mattison (for AAT Communications Corp.)
Union Pacific Railroad
600 feet southerly of McClellan Road along the Union Pacific
Railroad corridor
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "
as may be amended by the conditions contained in this resolution.
, except
2. CO-LOCATION OF ANTENNA
The applicant shall make its mast available to other wireless COmInunications carriers
for antenna co-location subject to the approval of the Director of Community
Development under Cupertino Municipal Code Section 19.132.
3. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous
period of 18 months, said antennas and associated facilities shall be removed. The
applicant shall bear the entire cost of demolition and removal.
4. EXPIRATION DATE
This use permit shall expire five (5) years after the effective date of the permit. The
applicant may apply for a renewal of the use permit at which time the Planning
Commission 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. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall use a sufficient number of artificial branches to obscure the
appearance of the panel antennas and any associated mounting framework. The mast
and any panel antenna mounted close to the mast shall be painted brown to mimic a
tree trunk. The applicant shall perform regular maintenance of the permitted tree pole
to maintain its appearance and obscure the panel antenna from public view.
7. LANDSCAPE SCREEN MAINTENANCE
The applicant shall provide for the watering and maintenance of the landscape screen
areas for a period of two years. A covenant shall be recorded on the property
identifying this landscaping as necessary for the visual screening of the personal
wireless service facility and the trees shall not be removed without City approval.
5 -/;2,
DRAFT
8. NOISE LEVEL OF THE EOUlPMENT CABINETS
The equipment cabinets shall conform to the City's Noise Ordinance. Each applicant
seeking a personal wireless service facility shall submit a noise assessment indicating its
equipment's compliance with the City's noise ordinance.
9. RADIO FREOUENCY RADIATION ASSESSMENTS
Each applicant seeking a personal wireless service facility shall submit a radio frequency
radiation assessment, indicating estimated ground floor and second floor radio
frequency emission exposure levels in relation to Federal safety standards.
10. BASE EQUIPMENT SCREENING
A vegetative green color opaque mesh shall be mounted to the fencing in order to screen
the base equipment.
11. DE ANZA!UNION PACIFIC TRAIL AND EASEMENT
The applicant shall provide an improved asphalt trail from McClellan Road to
Rainbow Drive along the Union Pacific Railroad corridor with the granting of an
easement for pedestrian and bicyclist public access.
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chair
Cupertino Planning Commission
g:jp1anningjpdreportjresjU-2006-05 res approvaI.doc
5~/3
DRAFT
EXC-2006-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Califomia 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW A 65-FOOT TALL TREEPOLE AT A
LOCATION APPROXIMATELY 600 FEET SOUTHERLY OF MCCLELLAN ROAD ALONG
THE UNION PACIFIC RAILROAD CORRIDOR
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2006-03
Jim Mattison (for AAT Communications Corp.)
about 600 feet southerly of McClellan Road along the Union
Pacific Railroad corridor
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, in order to provide height flexibility in situations when collocation of personal
wireless service antennas is desirable from a design and visual standpoint, 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:
I. That the literal enforcement of the provlSlons 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 is needed to accommodate the collocation of multiple wireless carrier
antennas in an area that has proven difficult to serve with wireless communications because
of the lack of adequate and suitable sites for personal wireless service facilities that do not
create unacceptable visual impacts.
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 radiation below federal exposure standards on an individual and cumulative level.
The treepo1e will have minimal visual impact as the pole is adequately screen with existing
and proposed landscaping.
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-2006-03 is hereby approved; and
5/jt-(
Resolution No.
Page 2
EXC-2006-03
May 23, 2006
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record conceming Application EXC-2006-03, as set
forth in the Minutes of the Planning Commission Meeting of May 23,2006, and are incorporated
by reference herein.
SECTION ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
I. APPROVED EXHIBITS
Approval is based on Exhibits titled: "
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 Govemment Code
Section 66020(d) (1), these Conditions constitute written notice ofa 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 Govemment 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 ITom later challenging such
exactions.
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chair
Planning Commission
g:/planning/pdreport/res/EXC-2006-03 res. doc
5~/5
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AAT Communications· Proposed Base Station
Southern Pacific Railroad and McClellan Road· Cupertino, California
Statement of Hammett & Edison, Inc., Consulting Engineers
The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of AAT
Communications, to evaluate the communications tower proposed to be located at Southern Pacific
Railroad and McClellan Road in Cupertino, California, for compliance with appropriate guidelines
limiting human exposure to radio fTequency ("RF') electromagnetic fields.
Prevailing Exposure Standards
The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its
actions for possible significant impact on the environment. In Docket 93-62, effective October 15,
I 997, the FCC adopted the human exposure limits for field strength and power density recommended
in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic
Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection
and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions,
with the latter limits generally five times more restrictive. The more recent Institute of Electrical and
Electronics Engineers ("IEEE") Standard C95 .1-1999, "Safety Levels with Respect to Human
Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical
exposure limits. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply
for continuous exposures and are intended to provide a prudent margin of safety for all persons,
regardless of age, gender, size, or health.
The most restrictive limit for exposures of unlimited duration to radio fTequency energy for several
personal wireless services are as follows:
Personal Wireless Service
Personal Communication ("PCS")
Cellular Telephone
Specialized Mobile Radio
[most restrictive fTequency range]
AODrox. Freauencv
1,950 MHz
870
855
30-300
Occuoational Limit
5.00 mW/cm2
2.90
2.85
1.00
Public Limit
1.00 mW/cm2
0.58
0.57
0.20
General Facility Requirements
Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or
"channels") that are connected to the traditional wired telephone lines, and the passive antennas that
send the wireless signals created by the radios out to be received by individual subscriber units. The
transceivers are often located at ground level and are connected to the antennas by coaxial cables
about 1 inch thick. Because of the short wavelength of the frequencies assigned by the FCC for
wireless services, the antennas require line-of-sight paths for their signals to propagate well and so are
installed at some height above ground. The antennas are designed to concentrate their energy toward
HE
HAMMETT & EDISON, INC.
CONSULTING ENGINEERS
SAN FRANa5CO
AA TCupertin0596
Page 1 00
5 -;2./
AAT Communications· Proposed Base Station
Southern Pacific Railroad and McClellan Road· Cupertino, California
the horizon, with very little energy wasted toward the sky or the ground. Along with the low power of
such facilities, this means that it is generally not possible for exposure conditions to approach the
maximum permissible exposure limits without being physically very near the antennas.
Computer Modeling Method
The FCC provides direction for determining compliance in its Office of Engineering and Technology
Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to
Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation
methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at
locations very close by (the "near-field" effect) and that the power level from an energy source
decreases with the square of the distance from it (the "inverse square law"). The conservative nature
of this method for evaluating exposure conditions has been verified by numerous field tests.
Site and Facility Description
Based upon information provided by AAT Communications, including drawings by URS Corporation,
dated January 10,2006, it is proposed to install a new communications tower to be located south ofthe
intersection of the Southern Pacific Railroad and McClellan Road in Cupertino. Proposed to be
installed on the tower are antennas for use by up to three wireless telecommunications carriers
although specific carriers and facilities have not been identified. It is assumed that each carrier would
install the number of antennas necessary to provide acceptable service in all directions using a
standard "three-sector" approach. Therefore for the limited purpose of this study, hypothetical
transmitting facilities for the tower are assumed to be as follows:
Sprint Nextel SMR
Antenna Model
(12) Kathrein 742-264
(6) Ante1 BXA80063-4
(6) Antel BXA185060-8
(9) Decibel DB844H65
Antenna
Hei.ht
65 ft
55
55
45
Maximum ERP
Carrier
Cingular Wireless
Verizon Wireless
1500 watts
1500
1500
1500
Study Results
HE
For a person anywhere at ground, the maximum ambient RF exposure level due to the various
described operations is calculated to be 0.021 mW/cm2, which is 2.5% of the applicable public
exposure limit. The maximum calculated level at the second-floor elevation of any nearby building is
3.4% of the public exposure limit. A visual representation of the calculated exposure due to the
hypothetical operations is provided in Figure 3. These results are based upon the hypothetical build-
out of wireless communications facilities noted above at the proposed site in order to demonstrate that
HAMMETT & EDISON, INC.
CONSULTING ENGINEERS
SAN FRANCISCO
AA TCupertin0596
Page 2 00
5--.{J.
AA T Communications· Proposed Base Station
Southern Pacific Railroad and McClellan Road· Cupertino, California
operation of the facility can comply with FCC guidelines for exposure to radio frequency exposure.
These results should not be used to represent actual exposure conditions at the site after construction.
A complete calculation or measurement analysis of all facilities, once final specifications have been
established, should be performed in order to assess compliance with FCC public and occupational
exposure guidelines.
No Recommended Mitigation Measures
Due to their mounting locations, the antennas would not be accessible to the general public, and so no
mitigation measures are expected to be necessary to comply with the FCC public exposure guidelines.
It is presumed that the several carriers would, as FCC licensees, take adequate steps to ensure that
their employees or contractors comply with FCC occupational exposure guidelines whenever work is
required near the antennas themselves.
Conclusion
Based on the information and analysis above, it is the undersigned's professional opinion that the new
communications tower proposed by AAT Communications at Southern Pacific Railroad and
McClellan Road in Cupertino, California, can comply with the prevailing standards for limiting public
exposure to radio frequency energy and, therefore, need not for this reason cause a significant impact
on the environment. The highest calculated level in publicly accessible areas is much less than the
prevailing standards allow for exposures of unlimited duration. This finding is consistent with
measurements of actual exposure conditions taken at other operating base stations.
Authorship
The undersigned author of this statement is a qualified Professional Engineer, holding California
Registration No. E-16747, which expires on September 30, 2007. This work has been carried out by
him or under his direction, and all statements are true and correct of his own knowledge except, where
noted, when data has been supplied by others, which data he believes to be correct.
February 9, 2006
y
Mark D. Neumann, P.E.
HE
HAMMETI &: EDISON, INC.
CONSULTING ENGINEERS
SAN FRANasco
AA TCupertin0596
Page 3 of3
S<~3
FCC Radio Frequency Protection Guide
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC')
to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have
a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological
Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the
Congressionally chartered National Council on Radiation Protection and Measurements, which are
nearly identical to the more recent Institute of Electrical and Electronics Engineers Standard
C95.1-l999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic
Fields, 3 kHz to 300 GHz." These limits apply for continuous exposures from all sources and are
intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or
health.
As shown in the table and chart below, separate limits apply for occupational and public exposure
conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive:
Freauencv
Applicable
Range
(MHz)
0.3 - 1.34
1.34 - 3.0
3.0 - 30
30 - 300
300 - 1,500
1,500 - 100,000
1000
100
'"
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(1) ..... ()
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0.1
Electromagnetic Fields (fis freauencv of emission in MHz)
Electric Magnetic Equivalent Far-Field
Field Strength Field Strength Power Density
(Vim) (Nm) (mW/cm2)
614 614 1.63 /.63 100 /00
614 823.8/f 1.63 2./9/f 100 /80/1
1842/f 823.8/f 4.89/f 2./9/f 900/t' /80/1
61.4 27.5 0.163 0.0729 1.0 0.2
3.54Vr /.59V.r Vr/106 "'¡¡/238 f/300 17/500
137 6/.4 0.364 0./63 5.0 /.0
./ Occupational Exposure
/ PCS
____I
-
Public Ex osure
0.1
I
10 100 103
Frequency (MHz)
104
105
Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or
thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher
levels also are allowed for exposures to small areas, such that the spatially averaged levels do not
exceed the limits. However, neither of these allowances is incorporated in the conservative calculation
formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (Augnst 1997) for
projecting field levels. Hammett & Edison has built those formulas into a proprietary program that
calculates, at each location on an arbitrary rectangular grid, the total expected power density from any
number of individual radio sources. The program allows for the description of buildings and uneven
terrain, if required to obtain more accurate projections.
HE
HAMMETf & EDISON, INC.
CONSULTING EN"GINEERS
SAN FRANOSCO
FCC Guidslines
Fignre I
5 'dif
TM
RFRCALC Calculation Methodology
Assessment by Calculation of Compliance with FCC Exposure Guidelines
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to
adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a
significant impact on the environment. The maximum permissible exposure limits adopted by the FCC
(see Figure 1) apply for continuous exposures trom all sources and are intended to provide a prudent
margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for
short periods of time, such that total exposure levels averaged over six or thirty minutes, for
occupational or public settings, respectively, do not exceed the limits.
Near Field.
Prediction methods have been developed for the near field zone of panel (directional) and whip
(omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is
defined by the distance, D, trom an antenna beyond which the manufacturer's published, far field
antenna patterns will be fully formed; the near field may exist for increasing D until some or all of three
conditions have been met:
l)D>~ 2)D>5h 3)D>1.6ì..
where h = aperture height of the antenna, in meters, and
ì.. = wavelength of the transmitted signal, in meters.
The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives this formula for
calculating power density in the near field zone about an individual RF source:
. S - 180 0.1 x Pnet '. mW 2
power density - IJBW x It x D x h' In /cm,
where ßBW = half-power beamwidth of antenna, in degrees, and
P net = net power input to the antenna, in watts.
The factor of 0.1 in the numerator converts to the desired units of power density. This formula has
been built into a proprietary program that calculates distances to FCC public and occupational limits.
Far Field.
OET-65 gives this formula for calculating power density in the far field of an individual RF source:
d . S 2.56 x 1.64 x 100 x RFF2 x ERP
Power enslty = 2 in mW/cm2
4 x 1t X D ' ,
where ERP = total ERP (all polarizations), in kilowatts,
RFF = relative field factor at the direction to the actual point of calculation, and
D = distance trom the center of radiation to the point of calculation, in meters.
The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a
reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole
relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of
power density. This formula has been built into a proprietary program that calculates, at each location
on an arbitrary rectangular grid, the total expected power density trom any number of individual
radiation sources. The program also allows for the description of uneven terrain in the vicinity, to
obtain more accurate projections.
HE
HAMMETT & EDISON, INC.
CONSUlTD\JG ENGINEERS
SAN FRANCISCO
Methodology
Figurs 2
5~5
AAT Communications· Proposed Base Station
Southern Pacific Railroad and McClellan Road· Cupertino, California
Calculated NIER Exposure levels
Within 1,000 Feet of Proposed Site
For Simultaneous Operation of Three Hypothetical Carriers
Aerial photo from Terraserver
Legend
blank -less than 1 % of FCC public limit (i.e., more than 100 times below)
,mmp,!, - 1 % and above near ground level (highest level is 2.5%)
'mmm, - 1% and above at 2nd floor level (highest level is 3.4%)
Calculated using fonnulas in FCC Office of Engineering Technology Bulletin No. 65 (1997),
considering telTain variat ions within 1,000 feet of site. See text for further infonnalion.
HE
HAMMETT &: EDISON, INC.
ffiNSULTING ENGINEERS
SAN FRANCISCD
AATCupertino596
Figure 3.1
5/;2 ?
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i' SUR_:;;,_._ ''. -- '$-1T_~;~,,_ '". _ ·_"r~_:",_:- -in" _ -¡;Wf~.1~'1V_~- ~--_"----------- --\0£G~-~~
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,,~ ",;;~4ø~Y!}jZt~f§i1I.Q0~~~~~",__5'iii'!__"___",,,,_~~~3]____~_~~___
To: imattisontâ1sbcalobal.net
Sent: Friday, May 12, 2006 3:14 PM
Subject: UPRR/Cupertino Cell Tower
Jim,
Attached is a revised Figure 3 with the corrected base map of IOOO-foot radius.? We
apologize for the scaling error on the photograph.? Please note that there is no change in
the RF exposure levels at ground or on the second floor, stilI calculated to be well below
the applicable public limit.??
In our calculations of power density, we used actual directional antenna patterns ITom the
antenna manufacturers with the maximum effective radiated power in any direction, ?not
some lesser power with?an omnidirectional antenna pattern.? The resulting arrangement
of the black and red dots on Figure 3 is a clear indicator of the fact that a directional
antenna pattern was used.??
Please let me know if you have any other questions.
Thanks,
Raj
Hammett & Edison, Inc.
707/996-5200 voice
707/996-5280 fax
f)/;J1
'-
U-2006-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6389 (denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A MULTI-USER
PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF A 65-FOOT TALL
TREEPOLE AND ANCILLARY EQUIPMENT CABINETS LOCATED IN A FENCED
ENCLOSURE 600 FEET SOUTHERLY OF MCCLELLAN ROAD ALONG THE UNION
PACIFIC RAILROAD CORRIDOR, APN 362-01-025
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, 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 project's treepole is inadequately screened and blended with natural
landscaping in accordance with adopted siting and design guidelines of the Wireless
Facilities Master Plan and is considered visually obtrusive in its environmental context. The
project is thus inconsistent with the City's Wireless Facilities Master Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is not approved; and
That the subconcIusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. U-2006-05
as set forth in the Minutes of the Planning Commission Meeting of May 23, 2006 and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2006-05
Jim Mattison (for AAT Communications Corp.)
Union Pacific Railroad
600 feet southerly of McClellan Road along the Union Pacific Railroad
corridor
-
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Miller, Chien, Wong
COMMISSIONERS: Saadati
COMMISSIONERS: none
COMMISSIONERS: Giefer
ATTEST:
APPROVED:
/ s/Steve Piasecki
Steve Piasecki
Director of Community Development
/ s/Marty Miller
Marty Miller, Chair
Cupertino Planning Commission
g:/ planning/ pdreport/ res /U-2006-05 deniaI.doc
EXC-2006-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6390 (denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A HEIGHT EXCEPTION TO ALLOW A 65-FOOT TALL TREEPOLE AT A
LOCATION APPROXIMATELY 600 FEET SOUTHERLY OF MCCLELLAN ROAD ALONG
THE UNION PACIFIC RAILROAD CORRIDOR
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
EXC-2006-03
Jim Mattison (for AAT Communications Corp.)
about 600 feet southerly of McClellan Road along the Union
Pacific Railroad corridor
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, in order to provide height flexibility in situations when collocation of personal
wireless service antennas is desirable from a design and visual standpoint, 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 siting and visual screening of the treepole are inadequate and create obtrusive visual
impacts that are aggravated by the extra height of the treepole proposed under this height
exception.
2. That the proposed project will be injurious to property or improvements in the area and be
materially detrimental to the public welfare in that the treepole is inadequately screened in
accordance with the siting and design guidelines of the City's Wireless Facilities Master
Plan, and would degrade the visual environment of the area.
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-2006-03 is hereby denied; and
That the subconc1usions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record conceming Application EXC-2006-03, as set
forth in the Minutes of the Planning Commission Meeting of May 23,2006, and are incorporated
by reference herein.
Resolution No.6390
Page 2
EXC-2006-03
~
May 23, 2006
PASSED AND ADOPTED this 23rd day of May 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Chairperson Miller, Chien, Wong
COMMISSIONERS: Saadati
COMMISSIONERS: none
COMMISSIONERS: Giefer
ATTEST:
APPROVED:
IslSteve Piasecki
Steve Piasecki
Director of Community Development
IslMartv Miller
Marty Miller, Chair
Planning Commission
g:/planning/pdreport/res/EXC-2006-03denial res. doc
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MAR 2 9 2006
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SHEET INDEX
TITLE SHEET AND PROJECT INFORMATION
SITE SURVEY
SITE PlAN
ELEVATIONS
T-1
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A-1
A-2
PROJECT SUMMARY
~cCLELlAN STREET
UNION PACIFIC RAILROAD R/W
CUPERTINO, CA
UNION PACIFIC RAILROAD
1400 DOUGLAS STREET.
t.fAIL STOP 0640,
OÞAAHA, HE 6B 179
SITE ADDRESS:
OWNER:
PROPERlY
CONSULTANT
CMI F'NGINEER'
CONTACT: SOHAlL SHAH, P.E. (PROJECT MANAGER)
URS CORPORATION
1615 MURRAY CANYON RD., SUITE 1000
SAN DIEGO, CA 92108
TEL NO.: (619) 294-9400
FAX NO.: (619) 293-7920
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AAT COMMUNICATIONS CORP.
ATIN: ALLEN BULLARD
6.325 HARRISON DRIVE, SUITE #3
LAS VEGAS, NV 89120
TEL NO. (702) 892-9100 X 225
362-01-025
APPUCANT:
SITF nFVFl OPFR'
CONTACT: JIM MATTISON
785 ORCHARD DRIVE
FOLSOM. CA 95630
TEL NO.: (925) 698-1590
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TELECOMMUNICATIONS FACILlTY
NUMBER:
PARCEL
CURRENT ZONING:
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TITLE SHEET
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INFORMATION
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10-19-2005
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PROJECT DESCRIPTION
MT IS PROPOSING TO MAINTAIN AN UNMANNED WIRELESS
TELECOMMJNlCATION FACILlTY CONSISTING OF A NEW 65'-0· HIGH
MONOPINE WITH (4) FUTURE EOUIPMENT PADS WITHIN THE 1650
SOFT FENCED lEASE AREA.
'NITIAlS
CONSTRUCTION
LEASING INITIAlS:
THE FACILrlY WILL ENHANCE THE GENERAL HEALTH, SAFElY AND
WELFARE aF THE CnY BY PROVIDING MORE REUABLE COMMUNICATION
AT THIS LOCATION.
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SfTE TECH INITIAlS:
TAKE 1-5 NORTH. MERGE ONTO CA-152 WEST TOWARD GILROY /
HOWSTER/SAN JOSE. TURN LEFT ONTO PACHECO PASS HWY
/CA-152. MERGE ONTO US-101 N TOWARD SAN
JOSE/WATSONVIllE. MERGE ONTO CA-85 N VIA. EXIT 377A TOWARD
CUPERTINO/MTN VIEW, TAKE THE STEVENS CREEK BOULEVARD EXIT.
TURN LEFT ONTO STEVENS CREEK BLVD. TURN LEfT ONTO BUBS
RD. TURN LEFT ONTO MCCLELlAN RD. THE SITE IS CURRENTLY
ACCESSED VIA. t.4cCLEUAND RD.
SITE DIRECTIONS
14'J6' E
COMPOUND DETAIL
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SYMBOL LEGEND
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SURVEYOR'S CERTIFICATE
I. __ IlL MeHIIIJr, II ~................, LoIId!Uw)iw.
UonI No. 51111. ....., -.at III ~ IJIIIIudI ... ........
.... fer.. __".. .. Á_...d ... _ __"....
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MILLMAN SURVEYING, INC.
CORPORATE HEADOUARTERS
1742 Georgetown Road. Suite H
ludson. Ohio 44236
(800) 520-1010
'surveyingomeriço,çom
MSI JOB No. 7347
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REFERENCE
O£CORD Of SUMY 1I0OI< ... PAGE 34
SITE BENCH MARK
TOP RIM Of' IIINKX.E LOCATED APPROXIMA1El.Y eo.o FEET SOU"JH OF 1t£
SOU1HWEST CORNER OF' LEASE Nf£A AS SHOIN HEREC»l
£LEVATION: 331.40 FEET A.M.S.L.
BASIS OF BEARING
1I£1IERIIWIRll:AU.~""lÐIBIIlSlI£ŒJI1EIIJI:Œ"ROMt.'"
AS 8EIC N fJ1f'XtrJf' E. AS....1IEaIID IUMYBOOK _ PAGE at Œ UM't'S 1111£
IIEaIIIER'S CJfJŒ ŒSMTA a.MA CCUf1Y. CItF1IIIA.
LI';ASE PREMISES DESCRIPTION
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EXISTING
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15'-0"
LEASE AREA
FACILITY LAYOUT
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PROPOSED PAD-MOUNTED
METER PEDESTAL
FUTURE
5'-0· X 10'-0·
EQUIPMENT PAD
PROPOSED 8'-0· HIGH
CHAlNUNK FENCE
(rIP-ALL AROUND)
FUTURE
10'-0· X 20' -0·
EQUIPMENT SHELTER
FUTURE
a'-o" x 12'-0"
EQUIPMENT PAD
FUTURE
8'-0" X 12'-0·
EQUIPMENT PAD
FUTURE ANTENNAS
MOUNTED ON A 65'-0~
HIGH MONOPINE
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SCALE: ,. "" 8'-0·
SCALE NOTE:
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DO NOT SCALE CORRECTlY, Ct-£CK
FOR REDlICT10N OR ENLARGEMENT
FROtoI ORIGiNAl Pl.ANS.
$ TOP OF WOHOPlNE
£LEV. 65'-0·
$ CENTER OF ANT£NNAS
ElEV. 63'-0-
$ CENTER OF ANŒNNAS
ELEV. 53'-0"
$ CENTER OF ANTENNAS
ELEV.o43'-o"
$ CENTER OF ANTENNAS
ELEV. 33'-0·
$GROUNDLEYEL
ELEV. 0 -0 (330 -0 AMSl)
GRAPHIC SCALE
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(SCALf: 1" _ 8'-0")
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ELEV. 65'-0·
CENTER OF ANTENNAS
ELEV. 8J'-O·
CENTER OF ANTENNAS
ELEV.53'-O·
FUTURE PANEl CEN1[R OF NlTENNAS
ANTENNAS
BY OI1<ERS ELEV.4J'-O·
CENTER Of ANTEHfW>
ELEV.3,3'-O·
PROPOSED MT 65'-0"-
HIGH WONOPINE í PROPOSED PAD-WOUNTÐJ
(DESIGN BY OTHERS) eooA, toIETER PEDESTAL
WITH (.)-2OOA SINGLE
PHASE BRfAKERS.
I PROPOSED HOfFIW
PROPOSED 8'-0· HIGH TELCO ENClOSURE
CfWNUNK FENCE ON 'f' FlWIE
(TYP-AIJ. AROUND)
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GROUND L.E'ÆL
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ELEV. 0'-0· (3.30'-0· N.lSl)
PROPOSED 12'-0· WIDE
DOUBLE lEÞF
ACCESS GATE
NORTH ELEVATION
SCAlE: 1· "" 8'-0·
PROPOSED HOfFIW
TElCO ENCLOSURE
ON "H" FRAME
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PROPOS£O S' -0" HIGH
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FUT1..IRE PANEl
ANTENNAS
BY On£RS
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HIGH MONOPINE
(DESIGN BY OTHERS)
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