106-E. Letter to Applicant and PC Res. #6604.pdfATTACHMENT E
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
CUPERTINO Communitlj Development Department
September 16, 2010
Dave Yocke
Trillium Telecom
7901 Stoneridge Dr., Suite 503
Pleasanton, Ca, 94588
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2010-03, EXC-2010-04, TR-2010-31
This letter confirms the decision of the Planning Commission, given at the meeting of
September 14, 2010, approving a Use Permit to allow the construction of a personal wireless
service facility, consisting of a 74-foot tall monopine with twelve panel antennas and associated
base equipment; approving a height exception to allow antennas to be mounted on a monopine
at a height of about 67 feet or less; approving the removal and replacement of up to four Coastal
Redwood trees associated with the installation of a proposed personal wireless service facility,
located at the Results Way office complex, according to Planning Commission Resolution No.(s)
6604, 6605 and 6606.
Please be aware that if this Permit is not used within a two-year period, it shall expire on
September 14, 2012.
Also, please note that an appeal of this decision can be made within 14 calendar days from the
date of this decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
Colin Jung
Senior Planner
Planning Department
Enclosures: Resolution 6604, 6605, 6606
CC. ECI Two Results, LLC, 1301 Shoreway Rd, Suite 250, Belmont, CA 94402
Allen Wong, 10170 imperial Avenue, Cupertino, CA 95014
g/planning/post hearing/actionletterU-20I0-03,EXC-2010-04,TR-2010-3I
U-2010-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6604
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVNG A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL
WIRELESS SERVICE FACILITY, CONSISTING OF A 74-FOOT TALL MONOPINE
WITH TWELVE PANEL ANTENNAS AND ASSOCIATED BASE EQUIPMENT AT
THE RESULTS WAY OFFICE PARK
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 radiation 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
Resolution No. 6604 U-2010-03 September 14, 2010
Page 2
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-2010-03 as set forth in the Minutes of the Planning Commission Meeting of
September 14, 2010 and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2010-03
Applicant: Dave Yocke (for AT&T Mobility)
Property Owner: ECI Two Results, LLC
Location: Results Way
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "at&t/ CN3242-A/ November Drive/Results
Way/ Cupertino, California 95014" prepared by Jeffrey Rome & Associates, Inc.
dated 08/31/10 and consisting of seven sheets labeled T-1, A-0 through A-3, A-1.1
and C-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
The treepole shall be structurally designed to accommodate the collocation of
additional anterulae 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 1.8 months, said aerial and associated facilities shall be removed. The
applicant shall bear the entire cost of demolition.
Resolution No. 6604 U-2010-03 September 14, 2010
Page 3
5. 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.
6. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall use a sufficient number of artificial branches to obscure the
appearance of the panel antennae and any associated mounting framework. The top
portion of the tree pole shall have branches of varying length to give the tree pole a
conical form. Panel antennae mounted away from the mast shall have needle covers
to blend with the green foliage of the artificial branches. 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. The foliage shall have a mottled green coloration.
The building permit shall be reviewed acid 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 antennae from public view.
7. EQUIPMENT ENCLOSURE
The base equipment enclosure shall be constructed of high quality materials and/or
be screened by appropriate landscaping as determined by the Director of Community
Development. The final enclosure design, wall treatment/color and screening
strategy shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
S. TREE REPLACEMENT
The removed trees are to be replaced with three (3) 24" box Coastal Redwoods in the
northwest corner of the property. Final locations shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits.
Applicant sl-al! provide a letter froin a landscape architect, certifying that the newly
planted trees are in good health and the irrigation system is operating properly to
maintain the trees. In addition, the final landscaping plan shall confirm that the
existing irrigation systems are operating properly in order to service the existing and
new trees in the area.
9. TESTING OF RADIO FREQUENCY RF LEVELS
Radio frequency levels will be monitored and tested annually for a period of three (3)
years from the date of the final occupancy approval. The result of these tests will be
made available to the Planning Department and the FCC for review. The City
Resolution No. 6604 U-2010-03 September 14, 2010
Page 4
reserves the right to perform code enforcement actions and/or revoke this use permit
if the results show RF levels inconsistent with the federal standards.
PASSED AND ADOPTED this 14th day of September 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Giefer, Kaneda
NOES: COMMISSIONERS: Miller
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST:
/s/Aarti Sluivastava
Aarti Shrivas Lava
Community Development Director
G:/plrtnning/pdrepor-i/res/20T0/LT 2010-03 res.doc
APPROVED:
/s/Paul Brophy
Paul Brophy, Chair
Planning Commission
EXC-2010-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6605
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HEIGHT EXCEPTION TO ALLOW ANTENNAS TO BE MOUNTED
ON A MONOPINE AT A HEIGHT OF ABOUT 67 FEET OR LESS ON A PERSONAL
WIRELESS SERVICE FACILITY LOCATED AT RESULTS WAY
SECTION 1: PROJECT DESCRIPTION
Application No.: EXC-2010-04
Applicant: Dave Yocke (for AT&T Mobility)
Location: Results Way
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, in order to provide height flexibility in situations where practical
difficulties, unnecessary hardships or results inconsistent with the purpose and intent of
Chapter 19.108 occur, an applicant for development may file an exception request to
seek approval to deviate from the standards; and
WHEREAS, the Planning Commission finds the following with regards to the Height
Exception for this .application:
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title in that the extra antenna height
above the ordinance maximum of 55 feet is needed because the monopine rests in a
location below the grade of the neighborhood that will be serviced with telephone
coverage.
2. That the proposed project will not be injurious to property or improvements in the
area nor be materially detrimental to the public health, safety, or welfare in that the
wireless technology produces RF energy below federal exposure standards, and
3. That the proposed development will not create a hazardous condition for pedestrian
or vehicular traffic because it is not sited within the travel ways or sight lines of
pedestrian or vehicular traffic.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. EXC-2010-04 is hereby approved; and
Resolution No. 6605 EXC-2010-04 September 14, 2010
Page 2
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application EXC-2010-04, as set forth in the Minutes of the PIanning Commission
Meeting of September 14, 2010, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1, APPROVED EXHIBITS
Approval is based on Exhibits titled: "at&t/CN3242-A/November Drive/Results
Way/Cupertino, California 95014" prepared by Jeffrey Rome & Associates, Inc.
dated 08/31./10 and consisting of seven sheets labeled-T-1, A-0 through A-3, A-1.1
and C-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, pursum--7t 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.
PASSED AND ADOPTED this 14th day of September 2010, at a Regular Meeting of the
Planning Con-imission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Giefer, Kaneda
NOES: COMMISSIONERS: Miller
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST:
/s/Aarti Shrivastava
Aarti Shrivastava
Community Development Director
glP2mrriing/F>ilr-eliort/res/2009/1-.\ C-20:f O-04 res.doc
/s/Paul Brophy
Paul Brophy, Chair
Planning Commission
TR-2010-31
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6606
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
THE REMOVAL AND REPLACEMENT OF UP TO FOUR COASTAL REDWOODS
ASSOCIATED WITH THE INSTALLATION OF A PROPOSED PERSONAL WIRELESS
SERVICE FACILITY AT THE RESULTS WAY OFFICE COMPLEX
SECTION I: PROTECT DESCRIPTION
Application No.: TR-2010-31
Applicant: Dave Yocke (AT&T Mobility)
Location: Results Way
SECTION 11: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
to approve the removal of four Coastal Redwoods that are by an approved
development plan considered protected trees subject to Chapter 14.18, the Protected
Tree Ordinance of the City of Cupertino; 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
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Planning Commission finds:
1. That the aforementioned trees are in conflict with the development proposal;
2. That the application for Tree Removal, file no. TR-2010-31, is hereby approved;
and
3. That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record, as set forth in
the Minutes of the Planning Commission Meeting of September 14, 2010 are
incorporated by reference herein.
Resolution No. 6606 TR-2010-08 April 73, 2010
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVAL ACTION
Approval is based on Exhibits titled: "at&t/ CN3242-A/ November Drive/Results
Way/Cupertino, California 95014" prepared by Jeffrey Rome & Associates, Inc.
dated 08/31/10 and consisting of seven sheets labeled T-1, A-0 through A-3, A-1.1
and C-1, except as may be amended by the conditions contained in this resolution.
2. TREE REMOVAL & REPLACEMENT
The removed trees are to be replaced with three 24" box Coastal Redwoods in the
northwest corner of the property. Final locations shall be reviewed and approved
by the Director of Community Development. Applicant shall provide a letter from a
landscape architect, certifying that the newly planted trees are in good health and
the irrigation system is operating properly to maintain the trees.
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.
PASSED AND ADOPTED this 14th day of September 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMM I SSIONERS: Chair Brophy, Vice Chair Lee, Giefer, Kaneda
NOES: COMMISSIONERS: Miller
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST:
_/s/Aarti Shrivastava
Aarti Shrivastava, Director
Community Development Department
APPROVED:
/ s/ Paul Brophy
Paul Brophy, Chair
Planning Commission