102-A. PC Resolution No. 6616.pdfDIR-2010-28
CITY OF CUPERTINO
10300 Torre Avenue ATTACHMENT A
Cupertino, California 95014
RESOLUTION NO.6616
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF AN APPEAL OF A DIRECTOR'S
MINOR MODIFICATION ALLOWING A PERSONAL WIRELESS
SERVICE FACILITY, CONSISTING OF THREE PANEL ANTENNAS
AND FOUR ASSOCIATED EQUIPMENT CABINETS ON AN EXISTING
UTILITY POLE AT 11371 BUBB ROAD
SECTION 1: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a
Director's Minor Modification application, file no. DIR-2010-28, as described in Section 11 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 project changes are deemed minor in nature; and
WHEREAS, the personal wireless service facility is not located in an inappropriate location,
in that the facility meets federal safety limits for radio frequency energy exposure for ground
level, second floor residential locations and nearby land uses, such as a school; and that the
facility is sited in an appropriate location and designed in accordance with the City's
Wireless Master Plan and Wireless Communications Facilities Ordinance; and
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the appeal of Director's Minor Modification, file no, DIR2010-28 is
hereby recommended for denial; 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. DIR-2010-
28 as set forth in the Minutes of the Planning Commission Meeting of November 9, 2010, and
are incorporated by reference as though fully set forth herein.
Resolution No.6616 11371 Bubb Road Microcell Facility November 9, 2010
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2010-28 (appeal)
Applicant: Dayna Aguirre, Sutro Consulting, for T-Mobile
Property. Owner: Pacific, Gas & Electric
Location: in front of 11371 Bubb Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Director's Minor Modification Approval Memorandum, file no. DIR-2010-28 with
attachments 1 through 6 dated September 7, 2010.
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. 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. EXPIRATION DATE
This Director's Minor Modification shall expire ten (10) years after the effective date of
the permit. The applicant may apply for a renewal of the minor modification at which
time the Director of Community Development may review the state of wireless
communication and camouflage technologies to determine if the visual impact of the
personal wireless facility can be reduced.
5. CAMOUFLAGING OF EQUIPMENT
All cables shall be enclosed in conduit. The mounting brackets, conduit and
equipment cabinets shall be painted to match the color of the utility pole.
6. POST -CONSTRUCTION RADIO FREQUENCY ENERGY EXPOSURE TESTING
Prior to the commercial operation of this facility, the applicant shall submit a field test
report on the radio frequency energy emissions to the Director of Community
Development measuring public exposures to generated radio frequency energy
N
Resolution No.6616 11371 Bubb Road Microcell Facility November 9, 2010
Page 3
(measured at full power) and comparing them with federal safety standards as
measured at:
® ground level,
® nearest residence measured at existing or potential second floor level,
and
® nearest residences at 100 feet in the westerly and southerly directions
measured at the existing or potential second floor level.
A second field test report shall be prepared addressing the same radio frequency
energy exposures after one year of operation of the personal wireless service facility.
PASSED AND ADOPTED this 9th day of November 2010, 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 Brophy, Vice Chair Lee, Kaneda & Miller
NOES:
COMMISSIONERS:
none
ABSTAIN:
COMMISSIONERS:
Giefer
ABSENT:
COMMISSIONERS:
none
ATTEST:
s Aarti Shrivastava
Aarti Shrivastava
Director of Community Development
g:/plan;ng/pdreport/res/2010/DM-2010-05 res APPEAL.doc
3
APPROVED:
/s/Paul Brophy
Paul Brophy, Chair
Cupertino Planning Commission