PC 10-25-2011 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,CA 95014
CITY OF CUPERTINO PLANNING COMMISSION
APPROVED MINUTES
6:45 P.M. October 25, 2011 TUESDAY
CUPERTINO COMMUNITY HALL
The regular Planning Commission meeting of October 25, 2011 was called to order at 6:45 p.m. in
the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA., by Chairperson Winnie
Lee.
SALUTE TO THE FLAG
ROLL CALL
Commissioners present: Chairperson: Winnie Lee
Vice Chairperson: Marty Miller
Commissioner: Paul Brophy
Commissioner: Clinton Brownley
Commissioner: Don Sun
Staff present: Senior Planner: Colin Jung
City Attorney: Gary Vaughn
APPROVAL OF MINUTES:
1. Minutes of October-11, 2011 Planning Commission meeting:
MOTION: Motion by Corn. Brophy, second by Vice Chair Miller, and unanimously
carried 5-0-0 to approve the October 11,2011 Planning Commission minutes as
presented.
WRITTEN COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
PUBLIC HEARING
2. ASA-2011-09,EXC-2011-07, Architectural. & Site Approval for a new personal
TR-2011-12,U-2011-07, wireless service facility consisting of six panel antennas
V-2011-01 (EA-2011-06) mounted on a collocatable 70 ft.tall monopine and an
Chip Griffin,Ridge associated equipment enclosure at a Planned Residential
Communications (Verizon Development(Rancho Deep Cliff); Height Exception to
Wireless) allow the antennas of a new personal wireless service
Near 22475 Rancho Deep facility to be mounted at a height of 64 ft. where 55 ft. is
Cliff Dr(Rancho Deep Cliff allowed; Tree Removal Permit to allow the removal and
HOA) and replacements of one,45"diameter Monterey Pine
of a personal wireless service facility; Use Permit to
Cupertino Planning Commission 2 October 25,2011
replace an existing tv lattice tower with a new personal wireless service
facility consisting of 6 panel antennas mounted on a collocatable 70 ft.
monopine and an associated equipment enclosure at a Planned Residential
Development; Variance to allow a personal wireless service facility mast to
be set back 8 ft. from an abutting residential property where 75 feet is
required. Planning Commission decision final unless appealed.
Colin Jung, Senior Planner, presented the staff report:
• Reviewed the application for a cell tower installation at Rancho Deep Cliff Drive, as outlined
in the attached staff report.
• He reviewed the noise levels, geotechnical considerations, radio frequency (RF) energy
analysis, tree removals, potential alternative sites, height exception, setback variance, and
TICC, HOA members and public comments.
• Staff recommends that the Planning Commission approve the project, recommending a
mitigated negative declaration on the project and approval of the use permit, architectural and
site approval, height exception, tree removal permit and variance per the draft resolutions with
the following revisions: (1) Use permit resolution modified adding a condition requiring
construction management plan; (2) ASA resolution Condition 6 change wording from
"sidewalk"to"walkway".
Gary Vaughn,Special Counsel for City of Cupertino:
• Stated that the Telecommunications Act prohibits the Planning Commission from considering
the whole RF issue as long as the project does not exceed federal standards. It specifically
states that "No state or local government entity may regulate placement, construction, or
modification of personal wireless service facilities on the basis of environmental affects of
radio frequency emissions, to the extent that such emissions comply with the FCC
regulations." The Commission is not allowed to consider that either directly or indirectly, so
while they cannot prohibit any member of the public from raising the issue, it should not be
the subject of the Commission's deliberations because it is not a matter for their consideration.
Chip Griffin,Ridge Communications: Russ Benson,RF Engineer:
• Explained that the application is to provide Verizon voice and data cell service and a
collocation opportunity for an additional provider; it provides a solution to current issues in
these neighborhoods and a concern about poor cellular voice and data coverage or service,
health and safety in terms of communications during emergencies and public convenience and
necessity. Verizon has worked diligently to ;provide optimum service with minimum impact
and has looked at other potential sites early on as staff discussed and all were eliminated due to
poor RF coverage; low relative elevations and abundant tree coverage were typical problems;
the proposed site has higher relative elevation.
• He requested approval of the application based on findings made by staff and city attorney.
Chair Lee opened the public hearing.
Ken Naylor,Rancho Deep Cliff HOA Board Member:
• Supports the application.
• Said that the current cell phone coverage in the Rancho Deep Cliff area is poor, particularly
inside the homes. Many of the residents are senior citizens who rely on good cell phone
coverage; a recent vote in the community resulted in 86% approval of the additional coverage
and support of the application.
Cupertino Planning Commission 3 October 25, 2011
Saul Hoffman,Rancho Deep Cliff resident:
• Supports the Verizon Wireless and AT&T Application.
• West Cupertino residents suffer from poor or non-existent cell phone coverage. Aside from
normal communication it negatively affects the safety of the residents; which was evident from
an incident that occurred in Cupertino recently at the cement plant which handicapped police
and other emergency services. The HOA has been working with Verizon and AT&T for 2
years to improve cell phone service in west Cupertino, which has resulted in the two
applications on tonight's agenda. There was recently a majority vote of the HOA to approve
the land lease agreement and they will also vote on the AT&T land lease agreement.
• The monopine tower that will be located in the common area nestles in behind two redwood
trees that front the property on Stevens Canyon Road. The Verizon equipment enclosure will
be lowered about 31 inches in the ground obscured by a tree and bushes and surrounded by a
wooden fence. The AT&T equipment enclosure also will be surrounded by a wooden fence
will be totally hidden from both Stevens Canyon and Rancho Deep Cliff viewpoints. He said
that he and his wife are not concerned about radio frequency transmissions or noise; and they
want the safety and the service of being able to use their cell phones.
• He urged the Planning Commission to improve cell phone service for west Cupertino by
voting to approve both Verizon and AT&T applications.
John Hannigan,Rancho Deep Cliff resident:
• Supports the application.
• Said he concurred with previous speakers' comments; and supported improved cell phone
service because of the safety factor, particularly in light of the recent incident at the nearby
cement plant.
Dr. William Brickner,Rancho Deep Cliff resident:
• Supports the application.
• Said in light of several years of unsure times in the country, including Cupertino, it is
important that everyone in Rancho Deep Cliff has the facility to get in touch with their
families either externally or if on the road, back home in Rancho Deep Cliff and the proposed
facility will provide that. Cell phones are vital to the welfare of the residents in Cupertino as
well as Rancho Deep Cliff.
H.Blandiard:
• Said she was in favor of the application.
Erika Williams:
• Said she was in favor of application; and had no additional comments.
Joe Hamilton,Rancho Deep Cliff resident:
• Supports the application; said it was a win/win proposition for cell phone towers. Said that
when he was Superintendent of schools in another area they had a number of cell phone
towers put in the Fremont Union High School District; and although at times there was
controversy about putting one in, in the end almost everyone agreed that it was a good move.
In this case there is an entire community of Rancho Deep Cliff that is strongly in favor of the
additional cell phone tower.
• He urged approval of the application.
Parviz Namvar,Stevens Canyon Road:
• Said he resided within 50 feet of the proposed tower and felt he did not have adequate
information about the radio frequency emissions and what the noise levels were. He also
questioned the choice of location.
Cupertino Planning Commission 4 October 25,2011
Russ Benson, Sr.Radio Engineer,Verizon:
• Has 48 years experience as radio engineer and previously resided in Cupertino. Said the
frequencies used for voice are 880 to 894 MHz transmitting; for digital 746 to 747 for the
LTE digital high speed; they also use a medium speed digital up at 1985 to 1990 MHz. The
power used, the equipment is 20 watts a channel; when taking the losses of the cable and
adding gain of the antenna, it provides an effective radiated power or 200 watts per channel.
• The Hammet and Edelson report shows the RF levels at ground level and the percentages of
the FCC standard, somewhere around 3%, when combined with the AT&T people. The worst
case scenario on the ground when all the channels are humming, the maximum radiation
anybody on the ground can get is 3% of the RF specified maximum permit level for the
general public. The audio noise level with the fence around it will be in the low 50s.
Colin Jung:
• Said there was no audible noise from the antennas; the noise generated is from the cabinet and
equipment when in operation. Relative to the noise levels, because the equipment operates
24/7,they apply the night time noise standard to the equipment itself to make sure it meets that
and for 24 hours. The proposed masonry wall will bring the noise level down to the city's
standards at that common property line between the apartment building and the common area.
• Interior noise levels are satisfactory because there is mitigation and abatement of the noise by
the thickness of the wall. The equipment cabinet is also on the west side of the garage itself,
creating additional distance there. The city's night time standard is 55 decibels.
Fran Lee,Miramonte Drive:
• Opposes the application.
• Said she felt that the application is another unsafe project for the city. Cupertino is a high tech
city and she questioned the need for more towers with radio frequency emissions in an area
surrounded by residents. She said she felt they were exchanging people's health for the
convenience of more cell phone coverage, with the risk of cancer. She said with the added
noise and disruption from the quarry with the trucks in the area, they do not need more issues
of concern in the neighborhood. The city is supposed to protect its citizens and residents, not
destroy them.
• Said she was opposed to the application unless Verizon can prove that it is safe and not
harmful to the human population. If Verizon can guarantee that to the citizens, she would be
more supportive of the tower.
Donna Poggi,Riverside Drive:
• Supports the application.
• Said it is detrimental for safety reasons not to have good cell coverage in their neighborhood;
and requested approval of the application for the benefit of the residents.
Sharon Blane,Riverside/St.Andrews Neighborhood resident:
• Supports the application.
• Said that there is no cell phone coverage in her neighborhood; and when they had WiFi it was
not effective. The application provides an opportunity to have good cell phone coverage;there
are 86 homes in the neighborhood with inadequate cell phone coverage. The current cell
phone coverage is from a tower at DeAnza College; the other cell phone tower is on the other
side of Permanente Road which are both too far away. The Deep Cliff Golf Course also does
not have cell phone coverage which is inconvenient when playing golf there. The proposed
tower will support the commercial shopping center but also the other neighborhoods around
them and the recreational area at Deep Cliff Golf Course.
Cupertino Planning Commission 5 October 25, 2011
• She urged approval of the application according to staff's recommendations and proposal. The
residents of the neighborhood would be pleased to have the tower located in their area.
Judy Galiardi:
• Supports application.
• Said that improved coverage is needed mainly for safety; emergency vehicles do not get cell
phone coverage in the area.
Paul Petach,Rancho Deep Cliff resident:
• Supports the application.
• Said in the past, his job was in jeopardy because his boss could not reach him on his cell
phone; the boss's also did not work in the area. Because of the poor cell phone coverage
available, his office of 20 employees did not locate in Cupertino when given the option, which
is a detriment to the City of Cupertino.
• From a business standpoint the application for coverage is beneficial; from a safety standpoint
there is no coverage for fire, police and ambulance on Stevens Canyon Road, and improved
coverage would help all the teams providing emergency services. He said in his experience in
working with radio frequencies and antennas, it is much safer than standing close to a
microwave oven when it is in operation. People would not stand 54 feet up in the air in front
of the antennas.
• He urged approval of the application.
Lynn Faust,Rancho Deep Cliff resident:
• Supports the application.
• Said that the majority of the resident of the neighborhood are senior age and have health issues
and concerns, and improved cell coverage is a safety issue. In an emergency the ambulance,
police and fire cannot get cell coverage in the area. She urged approval of the application for
improved cell phone coverage for the neighborhood.
Mark Matsumoto,Government Affairs Specialist,Cupertino Chamber of Commerce:
• Said that the Chamber of Commerce supports the application.
• Said it would be a benefit to the residents of Rancho Deep Cliff as well as the surrounding
community,and businesses as well. In an emergency the improved cell phone coverage would
provide for clear and reliable communication which is viable to addressing and assessing the
situation; for businesses the improved coverage allows for improving communication,
conducting operations and allowing businesses to improve and grow.
• Said he was available as a resource for anyone who had concerns about radio frequencies, and
could be contacted through the Chamber of Commerce website or after the meeting.
• The Chamber supports the development and requests that the application be approved as the
majority of the community is looking for it.
Chair Lee closed the public hearing.
Vice Chair Miller:
• Said it was not difficult to support the application as the residents of the Rancho Deep Cliff
area need improved cell phone coverage in the area for communication purposes and safety
reasons. It is not a contentious application and the majority of the residents are in favor of the
application. As the City Attorney pointed out, the Planning Commission is not permitted to
consider anything other than the aesthetics of the device, and the device fits very well into the
surrounding neighborhood and is not visible in the neighborhood. He said for those reasons,
he supported the application.
Cupertino Planning Commission 6 October 25, 2011
Com.Brownley:
• Said that currently cell phone coverage in the subject area is minimal and addition of the cell
phone tower would exp and coverage and benefit the residents in the area of safety and
communication.
• Said he supported the application; some of the concerns, particularly noise and safety have
been addressed and have been shown to not be.overwhelming factors in this situation.
Corn. Brophy:
• Supports the application; he reiterated that the police, fire and ambulance services have
expressed frustration with their inability to do their job in the hills and the improved coverage
would help reduce that problem
Com. Sun:
• Supports the application. Cupertino is known for its innovation and technology; but there is
also concern for the safety of the citizens. The added cell phone coverage will benefit the
residents of the area.
Chair Lee:
• Said that she supported the application and concurred with the justifications for granting the
height e4xception and variance.
Motion: Motion by Vice Chair Miller, second by Com. Brownley, and unanimously
carried 5-0-0, to approve Application U-2011-07, ASA-2011-09, EXC-2011-07,
TR-2011-12, V-2011-01 and EA-2011-06 per the model resolution with additions
recommended by staff of a construction management plan and changing wording
of"sidewalk"to "walkway".
3. ASA-2011-18,TR-2011-65 Architectural and Site Approval for a new personal
U-2011-02 & V-2011-02 wireless service facility consisting of 12 panel antennas
Vallerie Tallerico,Trillium mounted on a 70-ft. monopine and an associated
(AT&T) Located near 22475 equipment enclosure in the common area of a Planned
Rancho Deep Cliff Dr Residential Development;Tree Removal Permit to allow
(Rancho Deep Cliff HOA) the removal and replacement of one 26^ diameter
Monterey Pine to facilitate the construction of a personal
wireless facility; Use Permit to allow a personal wireless
facility consisting of 12 panel antennas mounted on a 70
ft. monopine and an associated equipment enclosure in
the common area of a Planned Residential Development;
Variance to allow equipment cabinets to be set back less
than 3 f:. from a side yard property line. Planning
Commission decision final unless appealed.
Colin Jung,Senior Planner, presented the staff report:
• Reviewed the application from AT&T which is a companion application to the Verizon
application for collocation of a personal wire less service facility on the monopine at a lower
height which does not require a height exception.
• He reviewed the noise levels, geotechnical considerations, radio frequency (RF) energy
analysis, tree removals,potential alternative sites, setback variance, and TICC, HOA members
and public comments.
• Two of the Rancho Deep Cliff HOA conditions are applicable to the AT&T application, both
relating to the monitoring both the noise and RF emissions; and have been added to the
resolution. He reminded the Planning Commission that the City can only enforce the federal
Cupertino Planning Commission 7 October 25, 2011
standard and cannot enforce a standard that is more stringent than what the federal government
promulgates.
• The Planning Commission approved the Verizon wireless service facility. Staff recommends
that the Planning Commission approve the project, recommending a mitigated negative
declaration on the project and approval of the use permit, architectural and site approval, tree
removal permit and variance per the draft resolutions. Environmental action is not necessary
on the AT&T application because it is the collocation and the equipment shelter is
categorically exempt from environmental review.
Valerie Tallerico,Trillium (AT&T):
• Said that AT&T had a similar issue to Verizon Wireless in the area of not having adequate cell
phone coverage for its customers. AT&T reviewed several sites in the area and the
opportunity to collocate with Verizon on the now-approved monopine was the best solution to
provide coverage for an area in need. She said it fills a significant coverage gap and safety
concern in the area and the variance for the setback is because it is very tight area and they
have done what they can to mitigate the visual impacts by providing a solid wood fence which
will also help mitigate any noise concerns.
• Said that the conditions relating to monitoring of the RF emissions and noise were appropriate.
Colin Jung:
• Said that staff recommended a construction management plan be placed on the AT&T use
permit also.
Chair Lee opened the public hearing.
Sharon Blane,Riverside/St.Andrews Neighborhood resident:
• Supports the application. Said that her neighbors supported the AT&T collocation to improve
the cell phone coverage in her residential area; the more servers the better, which would avoid
a monopoly of providers.
Chair Lee closed the public hearing.
Vice Chair Miller:
• Said he supported the AT&T application fir the same reasons as the Verizon Wireless
application.
Corns.Brophy,Brownley,Sun and Chair Lee:
• Said they all supported approval of the AT&T application.
Motion: Motion by Vice Chair Miller,second by Com. Brophy, and unanimously carried
5-0-0 to approve Applications U-2011-02,ASA-2011-18,TR-2011-65 and
V-2011-02 per the model resolution with the addition of the construction
management plan.
The Planning Commission decision is final unless appealed to City Council.
OLD BUSINESS: None
NEW BUSINESS: None
Cupertino Planning Commission 8 October 25, 2011
REPORT OF THE PLANNING COMMISSION
ENVIRONMENTAL REVIEW COMMITTEE:
• Chair Lee reported that the recent meeting related to the property on Mount Crest Place; half
of the homeowner's property is zoned agricultural and half zoned R1, and the applicant desires
it to be all R1. The application will be presented to Planning Commission in the near future.
HOUSING COMMISSION: No meeting.
ECONOMIC DEVELOPMENT COMMITTER: No meeting.
MAYOR'S MONTHLY MEETING: Meeting reported on last meeting.
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
ADJOURNMENT: The meeting was adjourned to the next regular Planning Commission
meeting scheduled for Monday,November 7,2011 at 6:45 p.m.
f%
Respectfully Submitted: .,,.., ' : ` 'Z,
Elizabeth air s, Recording Secretary
Approved as presented: February 14, 2012