Reso 6604 U-2010-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6604
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL
WIRELESS SERVICE FACILITY,CONSISTING OF A 74-FOOT TALL MONOPINE
WITH TWELVE PANEL ANTENNAS AND ASSOCIATED BASE EQUIPMENT AT
THE RESULTS WAY OFFICE PARK
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 welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, the Wireless Facilities Master Plan, the
Wireless Communications Facilities Ordinance and the purpose of this title.
3) That the operation of the facility will comply with federal safety standards for radio
frequency radiation emissions.
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 approval, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
Resolution No. 6EsJ4 U-2010-03 September 14,2010
Page 2
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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-2010-03 as set forth in the Minutes of the Planning Commission Meeting of
September 14, 2010 and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2010-03
Applicant: Dave Yocke (for AT&T Mobility)
Property Owner: ECI Two Results, LLC
Location: Results Way
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "at&t/CN3242-A/November Drive/Results
Way/Cupertino,California 95014" prepared by Jeffrey Rome & Associates, Inc.
dated 08/31/10 and consisting of seven sheets labeled T-1, A-0 through A-3, A-1.1
and C-1, 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. COLOCATION OF ANTENNAE
The treepole shall be structurally designed to accommodate the collocation of
additional antennae from other wireless carriers. The co-location agreement shall be
at market rates with reasonable compensation to the mast owner.
4. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous
period of 18 months, said aerial and associated facilities shall be removed. The
applicant shall bear the entire cost of demolition.
Resolution No. 66i�4 U-2010-03 September 14,2010
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5. EXPIRATION DATE
This use permit shall expire ten (10) 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 technologies,
camouflage techniques and maintenance to determine if the visual impact of the
aerial facility can be reduced.
6. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall use a sufficient number of artificial branches to obscure the
appearance of the panel antennae and any associated mounting framework. The top
portion of the tree pole shall have branches of varying length to give the tree pole a
conical form. Panel antennae mounted away from the mast shall have needle covers
to blend with the green foliage of the artificial branches. The mast shall be wrapped
with a faux bark and any antenna mounted close to the mast shall be painted brown
to mimic a tree trunk. The foliage shall have a mottled green coloration.
The building permit shall be reviewed and approved to the satisfaction of the
Community Development Director to ensure the above condition is met. The
applicant shall perform regular maintenance of the tree pole to maintain its
appearance and obscure the panel antennae from public view.
7. EQUIPMENT ENCLOSURE
The base equipment enclosure shall be constructed of high quality materials and/or
be screened by appropriate landscaping as determined by the Director of Community
Development. The final enclosure design, wall treatment/color and screening
strategy shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
8. TREE REPLACEMENT
The removed trees are to be replaced with three (3) 24" box Coastal Redwoods in the
northwest corner of the property. Final locations shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits.
Applicant shall provide a letter from a landscape architect, certifying that the newly
planted trees are in good health and the irrigation system is operating properly to
maintain the trees. In addition, the final landscaping plan shall confirm that the
existing irrigation systems are operating properly in order to service the existing and
new trees in the area.
9. TESTING OF RADIO FREQUENCY (RF LEVELS
Radio frequency levels will be monitored and tested annually for a period of three (3)
years from the date of the final occupancy approval. The result of these tests will be
made available to the Planning Department and the FCC for review. The City
Resolution No. 66J4 U-2010-03 September 14,2010
Page 4
reserves the right to perform code enforcement actions and/or revoke this use permit
if the results show RF levels inconsistent with the federal standards.
PASSED AND ADOPTED this 14th day of September 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Giefer, Kaneda
NOES: COMMISSIONERS: Miller
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
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Aarti Shrivastava Paul Brophy, a'
Community Development Director Planning Co i i
G/planning/pdreport/res/2010/LI-2010-03 res.doc