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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