Reso 6787 DP=2014-07
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: CITY OF CUPERTINO :
10300 Torre'Avenue
' Cupertino, Califorriia 95014
RESOLUTION NO. 6787
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� OF THE PLANNING COMMISSION;OF THE CITY OF CUPERTINOAPPROVNG A
DEVELOPMENT PERIVIIT TO ALLOW THE CONSTRUCTION OF A PERSONAL
� ' WIRELESS SERVICE FACILITY, CONSISTING OF A 80-FOOT TALL TREEPOLE WTTH
SIX PANEL ANTENNAS AND ASSOCIATED BAS;E EQUI['NlENT STATION
AND EMERGENCY POWER GENERATOR AT CIVIC CENTER, 10300 TORRE AVENUE
SECTION I: FINDINGS
WHEREAS, the P1a��u1i�1g Coininission of the City of Cupertino received an application for a
; Development Permit;as described in Section II. of this Resoiution;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 detrirnental to the public health,:safeiy;
'' general welfare, or convenience. The project will utilize an unused corner of t11e, Civic
Center propexty and generate radio frequency energy. emissions and noise in.quantities that
will be below Federal safety standards and City standaxds respectively.. The antenna mast
' will<1oe designed to mimic a tree to blend into.the.existing landscaping. .;Other constructed
- features will utilize high quality materials and not block sight lines for vehicles or .
pedestrians;
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.
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Resolution No. 6787 DP-2014-07 August 25,2015
Page 2
NOW, THEREFORE, BE IT RESOLVED: �
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for Development Permit is hereby approved with the landscaping
and irrigation plan deferred for City Council 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. DP-2014-07 as set
forth in the Minutes of the Planning Commission Meeting of August 25, 2015 and are
incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: DP-2014-07
Applicant: Jenny Blocker (for Verizon Wireless)
Property Owner: City of Cupertino
Location: 10300 Torre Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS �
Approval is based on Exhibits titled: "Verizon Wireless/DEANZA STEVENS CREEK/ 10800
TORRE AVENUE/CUPERTTNO, CA 95014/ APN: 369-31-033/ LOCATION #: 249535"
prepared by MST ARCHITECTS dated 05/26/15 and consisting of ten sheets labeled T1.1, C-
1, C-2, 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 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 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.
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Resolution No.6787 DP 2014-07 August 25,2015
Page 3 .,
4:`'ABANDONIVIENT �_ i `
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If after installation, the aerial is not used for its permitted purpose for a continuous period
of 18 moriths, said.:aerial and associated facilities shall be removed. The applicant shall bear
:�the entire cost of.demolition and removal.
5. EXPIRATION DATE
This development permit shall expire ten(10) years after the effective date of the permit. The
applicant may apply for a renewal of the development permit at which time the Plannulg
CoiYunission� may review the `state of wireless .cornrnunication technologies, camouflage
techniques and maintenance to determine if the visual impact of the aerial facility can be
reduced'.
6. 'TREE POLE;APPEARANCE AND MAINTENANCE
T'he applicant shall construct a eucalyptus style treepole to raise the height of the antennas
and shall meet the following design criteria:
, ' a) Use a sufficient number of;artifieial branches to obscure the appearance of the;panel
antennas and,any associated mounting framework.
b) Panel antennas mounted away from the mast shall be covered in leaf socks to blend with
' the green foliage of the`artific'ial branches: ,
c) The mast sliall be'wrapped with a faux bark and'any:antenna mourited close to the mast
shall be painted brown to mimic a tree trtullc.
� d) The foliage shall have a mottled green coloratiori.
The building permit shall be reviewed and approved to`the satisfaction of the Coimmunity
''Development Director to ensure tlle above condition 'is met. The applicant shall perform
regular maintenance of fhe tree pole to maintain its appearance and obscure t.�ie panel
, antennas from public view: � _ ,__ . ,
7. E�C UIPMENT ENCLOSURE
The base equipment enclosure shall be constructed of high quality 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. TREB REMOVAL
The applicant shall apply to the City Streets and Trees Supervisor for permission to remove
any Park trees associated with tlie construction of this wireless facility.
9. ACOUSTICAL EN,CLOSL-JRE FOR ElVIERGENCY POWER GENERATOR - .
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To meet City Noise standards, the power generator shall be ericlosed with a Leve12,Acoixstic
Enclosure. TI12 aCLClltlOri�of the acoustic enclosure shall be no,ted on the building plans. '
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Resolution No. 6787 DP-2014-07 August 25,2015
Page 4
10. SETBACK OF ENCLOSURE FENCING FROM TRASH ENCLOSURE & PARKING LOT �
CURBING
At the building permit stage, the applicant shall provide revised drawings of the equipment
enclosure demonstrating a minimum 2-foot setback of the enclosure fencing from the parking
lot curbing and a minimum 3-foot setback of the enclosure fencing from the trash enclosure
fencing.
11. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-10 and EXC-2014-12 shall be
applicable to this approval.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
DEPT.
12. WIRE CLEARANCE 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.
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 ADOPTED this 25th day of August 2015, 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 Takahashi, Gong, Sun,Paulsen
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
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Winnie Lee
Asst. Community Development Director Chair, Planning Commission
G:/planning/pdreport/res/2014/DP-2014-07 res.doc �