Loading...
Reso 6786 , ASA-2014-10 , : ERTI O . F N CITY O CUP 10300 Torre Avenue Cupertino, CaliforniaJ 95014 �� RESOLUTION NO:6786 ' OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR A NEW PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF SIX PANEL ANTENNAS,IVIOUNTED ON A COLLOCATABLE, 80-FOOT TALL TREEPOLB AND AN ASSOGIATED EQUII'1VIEN�T ENCLOSURE AT CIVIC CENTER, 1030Q TORRE AUENUE SECTION I: 'PROTECT DESCRIPTION � , . Application IVo.` � ` ASA-2014-10 ' Applicant: Jenny Blocker (for Verizon Wireless) Property Owner: City of Cupertino Location: 10300 Torre Avenue '- SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL: TNHEREAS,.'the Planning Commission of the City of Cupertino received ari application for an �,.,,� ; ,: : Architectural and Site'Approval as described in'Section L of this Resolution; and �`.:.,�� _ WHEREAS, the necessary public notices;have been given as required by the Procedural Ordinance of the City of Cupertino, and the Plaivluzg Conitnission has held at least one public hearing'in rega"rd to the aPplicatioxi;and _ ; ; tiVHEREAS;the applicant has rnet the'burden of proof required to support said application; and WHEREAS, the Planning Commission finds:as follows with regard to this application: 1.. The proposal; at the proposed location, will not be detrimental or injurious to property or ixnprovements in the.vicinity, and will riot be detrimenfal to the public health; safety, general welfare, or eonvenience; 2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the 1 Cupertino Municipal Code, the General Plan, the wireless facilities master plan, zoning ordinances, � , . . �� � � ; � �- � applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including,but not lunited to; adherence to the following specific criteria: ', , a) Abrupt changes in scale have been minimized. The new treepole has been sited in an area with ' : � . _ _� � � _ � existing tall trees. , �`�'"'•� b) Design harmony between the new treepole and existing trees has been preserved and the , +�--�-� materials, textures and colors of the new treepole harmonize with adjacent landscaping :and > preserve t he fu,ture character of the neighborhood and purposes of the zone in which it is situated. The location, height and materials of 'walls, feneing, hedges and screen.planting harmonize with adjacent development. Unsightly utility installations have been concealed. Resolution No. 6786 ASA-2014-10 August 25,2015 Page 2 Ground cover or various types of pavements have been used to prevent dust and erosion, and the � unnecessary destruction of existing healthy trees have been avoided to the extent practical. c) This new development, abutting an existing residential development,has been designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, fences and other appropriate design measures. NOW, THEREFORE BE IT RESOLVED That after careful consideration of maps, facts, e�chibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof,: The application for an Architectural and Site Approval, Application no. ASA-201410 is hereby approved, 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. ASA-2014-10 as set forth in the Minutes of Planning Commission Meeting of August 25, 2015 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS Approval is based on Exhibits titled: "Verizon Wireless/DEANZA STEVENS CREEK/ 10800 TORRE AVENUE/CUPERTINO, CA 95014/ APN: 369-31-033/ LOCATION #: 249535" prepared by MST ARCHITECTS dated 05/26/15 and consisting of ten sheets labeled T1.1, G1, G2, A1.1, A2.1, A2.2, � A3.1, A3.2,A3.3, L1.1, 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 T'he 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 and removal. 5. EXPIRATION DATE � This architectural and site approval shall expire ten (10) years after the effective date of the approval. The applicant may apply for a renewal of the approval at which time the Planning Commission may -.- .�..,� .,�. 4 �. i:.: :... ::i Resolution No'.'6786 ASA-2014-10 August 25;2015 Page 3 xeview the state of wireless communicati�iri technologies, camouflage techniques and maintenance to determirie if the visual impact of;the aerial facility can be reduced. _ 6. TREE POLE APPEARANCE AND MAINTENANCE The applicant shall construct a eucalyptus style treepole to raise tlie height of the antenna's and shall `' meet the following design criteria: '' ' ` ' a) Use a sufficienf:number of;artificial branches to obscure the appearance of the panel antennas and any assoeiated mounting framework. b) Panel antennas mounted away from the mast shall be covered in leaf socks to blend with the green ..,� . _ foliage of the artificial branches. '` " ` , c) 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. d) The foliage shali 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 antenrias from publi'c . view. 7. EQUIPIVIENT ENCLOSURE ' T`he base equipment enclosure shall be constructed of high guality materials and/or be screened by � appropriate landscaping as determined by the City Council. The final enclosure design shall be': reviewed and approved by the Director of Community Development prior to issuance of building . permits. 8: TREE REIVIOVAL ` �. ` " The applicant shall apply to the.City Sireets and Trees Supervisor for permission to remove any Park trees associated with the construction of this wireless facility. 9. AGOUSTICAL ENCLOSURE FOR EMERGENCY POWER GENEIZATOR To meet City Noise standards, the power generator shall be enclosed with a Level 2 Acoustic Enclosure: T`he addition of the acoustic enclosure shall be noted on the building plans. 10. SETBACK OF ElVCLOSURE FENCING FROM TRASH ENCLOSURE &PARKING LOT CURBING At the building permit stage, the applicant shall provide revised drawings of the equipment enclosure n losure fencin from the arkin lof curbin and a deriionstrating'a minimum 2-foot setback of the e c g p g g xninitinuin 3-foot setback of the enclosure fencing from the trash enclosure fencing. � 11. CONCLTRRENT APPROVAL CONDITIONS � � � 'Tlie conditions of approval contained in file nos. DP-2014-07 and EXC-2014-12 shall be applicable to this approval. ; , � SECTION IV: CONDITIONS ADMINISTERED.BY THE PUBLIC WORKS DEPARTMENT DEPT. C�,� 12. WIRE GLEARANCE EASEMENT Prior to building-permit approval, Applicant shall coordinate with Public Works staff to vacate or � otherwise address the wire clearance easement that affects the project. Resolution No. 6786 ASA-201410 August 25,2015 Page 4 13. LANDSCAPING AND IRRIGATION APPROVAL Prior to building permit approval, Applicant shall coordinate with Public Works staff to obtain City '� approval for new/replacement landscaping and irrigation for the project. 14. CONSTRUCTION STAGING PLAN Prior to building permit approval, Applicant shall provide a construction management plan that identifies the timing/duration of construction activities, and construction staging and temporary construction improvement locations that shall be reviewed and approved by the Director of Public Works. PASSED AND ADOI'TED this 25th day of August, 2015, at a regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Lee,Vice Chair Taicahashi, Gong, Sun, Paulsen NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS:none ATTEST: APPROVED: � ��_ Ga ' Winnie Lee Asst. Community Development Director Chair, Planning Commission � G:Planning/PDREPORT/RES/2014/ASA-2014-10 res.doc