DIR-2009-03b
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Aarti Shrivastava, Director of Community Developme~
Prepared by: Colin Jung, Senior Planner
Date: April 21, 2009
Subject: Director's Minor Modification (DIR-2009-03) to allow an extension of the
Conditional Use Permit (file no. U-2003-8) for the continued operation of a personal
wireless service facility consisting of three panel antenna on a 50-foot tall slim-line
monopole and ancillary equipment cabinets located inside of a private storage unit at
20565 Valley Green Drive (Public Storage)
Chapter 19.132 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports her decision
to the City Council and Planning Commission and notices property
owners within 1,000-foot radius in time to allow any Council member,
Planning Commissioner or member of the public to appeal the decision
within fourteen calendar days.
BACKGROUND:
The applicant, Aris Antons, representing MetroPCS, is renewing a use permit for a
personal wireless service facility located at the Public Storage facility at 20565 Valley
Green Drive. The use permit was approved with a 5-year expiration in 2003. The
wireless communications facility consist of a 50-foot tall monopole with three panel
antenna, and ancillary equipment cabinets located inside of the adjacent storage unit.
The facility is located near the entrance of the development and is surrounded by
residential condominiums to the east, offices to the south, apartments to the east and
Highway 280 to the north.
DIR-2009-03
20565 Valley Green Drive
Page 2
DISCUSSION:
As a matter of practice the City has approved limited term use permits for cell sites in
order to provide the City an opportunity to review the conditions of approval for
compliance and look at opportunities to improve either the visual screening or visual
enhancement of the facility (Exhibit A) .
The use permit required the planting of screening trees to the north, west and east. All
of the required trees are present and are one and one-half to twice the planted height.
The landscape areas were already enhanced to help screen the monopole and there are
no other on-site landscaping opportunities to improve screening. The construction of
the Oak Park Village condominiums actually has done more to screen the monopole
from public views than the landscaping.
The facility is well-maintained and complies with its use permit (Exhibit B).
ACTION:
The Director of Community Development deems the extension of the use permit minor
and approves the time extension to October 27, 2018. State law requires a minimum 10-
year permit for personal wireless service facilities.
This approval of the modification is effective April 21, 2009. The fourteen calendar day
appeal period will expire on May 5, 2009.
Enclosures: Exhibit A: Planning Commission Resolution No. 6210
Exhibit B: Recent photo of monopole.
Plan Set
G / planning/PDREPORT / DIRreports /2009/ DIR-2009-03
U-2003-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6210
Exhibit A
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF THREE PCS PANEL
ANTENNAE ON A 50 FOOT TALL SLIM-LINE MONOPOLE AND ANCILLARY
EQUIPMENT CABINETS LOCATED INSIDE OF A STORAGE UNIT AT 20565 VALLEY
GREEN 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 Wireless
Facilities Master Plan, Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOL YED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby recommended for approval~ subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the sub conclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application No. U-2003-08 as Set forth in the
Minutes of the Planning Commission Meeting of October 27, 2003 and are incorporated by reference
as though fully set forth herein.
Resolution No. 6210
Page-2-
V-2003-08
October 27,2003
SECTION II: PROJECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
V-2003-08
Judy Ma (MetroPCS)
Storage Equities, Inc.
20565 Valley Green Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "S. SUNNYVALE HOMESTEAD, SFA-ZI2-316-A, PUBLIC
STORAGE, 20565 VALLEY GREEN DRNE, CUPERTINO CA 95014", consisting of 6 sheets
labeled Tl, AI, A2, A3, LSl and L-l dated 8/12/03, except as may be amended by the conditions
contained in this resolution.
2. CO-LOCATION OF ANTENNAE
The applicant shall make its mast available to other wireless communications carriers for antenna co-
location subject to City approval. The co-location agreement shall be at market rates with reasonable
compensation to the mast owner.
3. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous period of 18
months, said antennae and associated facilities shall be removed. The applicant shall bear the entire
cost of demolition and removal.
4. EXPIRATIONDATE
This use permit shall expire five (5) 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 and camouflage technologies to determine if the visual impact ofthe personal
wireless facility can be reduced.
5. MONOPOLE COLOR
The monopole and radome shall be painted a flat grey color to blend with the sky background.
6. LANDSCAPESCREENrnNG
The applicant shall plant trees in accordance with sheet L-l of the approved exhibits. The 24" & 36"
box coast redwood trees shall have minimum planting heights of 10 feet and 14 feet respectively, and
the 24" box Yew Pine (Podocarpus sp.) shall have a minimum planting height of 10 feet. The
applicant shall extend adequate irrigation to the new landscaping and provide plans for such at the
building permit stage. The purpose of the landscaping is to provide future screening of the personal
wireless service mast from northerly, easterly and westerly views.
Resolution No. 6210
Page-3-
U-2003-08
October 27,2003
PASSED AND ADOPTED this 27th day of October 2003, at a Regular Meeting of the Planning
Conunission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Corr, Miller, Wong, Vice-Chair Saadati and Chairperson Chen
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
/s/ Steve Piasecki
Steve Piasecki
Director of Community Development
/s/ Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission
g:/planning/pdreport/res/U-2003-08
Exhibit B
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