Reso 6678 U-2011-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6678
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG A USE PERMIT TO ALLOW THE COLLOCATION OF A PERSONAL
WIRELESS SERVICE FACILITY, CONSISTING OF TWELVE PANEL ANTENNAS MOUNTED
ON A PREVIOUSLY APPROVED BUT UNBUILT 70-FOOT TALL MONOPINE WITH AN
ASSOCIATED BASE EQUIPMENT ENCLOSURE NEXT TO 22475 RANCHO DEEP CLIFF
DRIVE
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 energy 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
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-2011-02 as set
forth in the Minutes of the Planning Commission Meeting of October 25, 2011 and are
incorporated by reference as though fully set forth herein.
Resolution No. 6678 U-2011-02 October 25,2011
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SECTION II: PROTECT DESCRIPTION
Application No.: U-2011-02
Applicant: Valerie Tallerico, Trillium (for AT&T)
Property Owner: Rancho Deep Cliff Homeowners Association
Location: Common area next to 22475 Rancho Deep Cliff Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "AT&T/CN4008/RANCHO DEEP CLIFF/ 22475
RANCHO DEEP CLIFF DRIVE/CUPERTINO, CA 95014" prepared by Connell Design
Group, LLC dated 10/04/11 and consisting of nine sheets labeled T1, F1, C-1, A1, A2, A2.1,
A3, A4 and A5, except as may be amended by the conditions contained in this resolution.
2. USE PERMIT ALLOWANCE
The applicant is authorize to apply for building permits to construct a personal wireless
service facility that includes an antenna collocation on a previously approved but unbuilt 70-
foot tall monopine and an associated equipment enclosure.
3. 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.
5. 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.
6. 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.
7. POST-CONSTRUCTION TESTING OF RADIO FREQUENCY (RF) LEVELS
The applicant shall monitor and report on cumulative RF energy emissions and compare
exposures to the Federal safety standards in mW/cm2 when both personal wireless service
facilities are operational. If the operation of the second wireless facility is delayed by more
than six months from the operation of the applicant's wireless facility, then the applicant shall
Resolution No. 6678 U-2011-02 October 25,2011
report on only his facility. Emissions testing shall include measurements at sites next to
22395, 22415, 22435, 22455 and 22456 Rancho Deep Cliff Drive and the second story of the
adjacent apartment building. The results of these tests will be made available to the
Planning Department and Rancho Deep Cliff Homeowners' Association for review. The City
reserves the right to perform code enforcement actions and/or revoke this use permit if the
results show RF exposure levels in excess of the applicable federal standards.
8. POST-CONSTRUCTION TESTING OF NOISE LEVELS
The applicant shall monitor and report on cumulative noise levels and compare them to City
daytime and nighttime noise standards when both personal wireless service facilities are
operational. If the operation of the second wireless facility is delayed by more than six
months from the operation of the applicant's wireless facility, then the applicant shall report
on only his facility. Noise testing shall include measurements at sites next to 22395, 22415,
22435, 22455 and 22456 Rancho Deep Cliff Drive and the property line abutting the adjacent
apartment building. The results of these tests will be made available to the Planning
Department and Rancho Deep Cliff Homeowners' Association for review. The City reserves
the right to perform code enforcement actions and require noise mitigations if the results
show noise levels in excess of the applicable city standards.
9. CONSTRCUTION MANAGEMENT PLAN
The applicant shall submit a construction management plan sheet with the building permit
application.
PASSED AND ADOPTED this 25th day of October 2011, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair lee, Vice Chair Miller, Brophy, Brownley, Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Aarti Shrivastava Winnie Lee, Chai
Community Development Director Planning Commission '
G:/planning/pdreport/res/2011/LI-2011-02 res.doc