ASA-2011-13b City of Cupertino
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� 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E RT 1 N O FAX (408) 777-3333
Community Development Department
September 28, 2011
Cortel, LLC
Attn: Alex Morin
1428 Grant Street
Berkeley, CA 94703
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2011-10, ASA-2011-13, TR-2011-31
T'his letter confirms the decision of the Planning Commission, given at the meeting of September 27,
2011, approving:
Use Permit application to allow a personal wireless service facility consisting of 12 panel antennas
mounted on a 55 foot monoeucalyptus and associated base equipment,
Architectural and Site approval to allow a personal wireless service facility consisting of 12 panel
antennas mounted on a 55 foot monoeucalyptus and associated base equipment, and
Tree Removal Permit to allow the removal of three Coastal Redwood (one at 9" and two 6.5" in diameter)
trees in conjunction with the installation of a personal wireless service facility located at 23005 Via
Esplendor, according to Plannulg Commission Resolution No.(s) 6657, 6658, and 6659.
Please be aware that if this Permit is not used within a ten-year period, it shall expire on September 27,
2021.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
�
Colin Jun
Senior Planner ,
Planning Department
Enclosures: Resolutions 6657, 6658, 6659
CC: The Forum at Rancho San Antonio, Attn: Gee Colt, 23500 Cristo Rey Dr, Cupertino CA 95014
AT&T, 4430 Rosewood Dr., Bldg 3, Pleasanton CA 94588
ASA-2011-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6658
OF THE PLANNING COIVIMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW A PERSONAL WIRELESS SERVICE
FACILITY CONSISTING OF 12 PANEL ANTENNAS MOUNTED AT A HEIGHT OF 55 FEET ON A
MONOEUCALYPTUS AND ASSOCIATED BASE EQUIPMENT ENCLOSURE ON COMMON AREA
NEAR 23005 VIA ESPLENDOR
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-13
Applicant: Alex Morin (Cortel, LLC & AT&T)
Property Owner: The Roman Catholic Bishop of San Jose
Location: Common-interest area located near 23005 Via Esplendor
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Cominission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposal, 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 proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property. including, but not limited to, adherence to
the following specific criteria:
a) Utility installations have been concealed. Ground cover or various types of pavements have
been used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees
have been avoided.
b) This new development, abutting an existing residential development, has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering,
setbacks, landscaping, walls and other appropriate design measures.
Resolution No. 6658 ASA-2011-13 September 27, 2011
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beg'ulning on Page 2
thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2011-13 is hereby approved,
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. ASA-2011-13 as set forth in
the Minutes of Planning Commission Meeting of September 27, 2011, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled: "at&t Your World./I-280 & Crooked Creek/CN4019"
prepared by at&t/ Ericsson, consisting of nine sheets labeled Z-1 through Z-8 and LS-1 dated January
25, 2011,except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2011-10 and TR-2011-31 shall be applicable to
this approval.
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.
4. EXPIRATION DATE
This architectural and site approval shall expire ten (10) years after the effective date of the permit.
The applicant may apply for a renewal of the ASA at which time the Planning Commission may
review the state of wireless communication technologies, camouflage techniques and maintenance to
deterxnine if the visual impact of the aerial facility can be reduced.
5. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall use a sufficient number of artificial branches to obscure the appearance of the
panel antennas and any associated mounting framework. Panel antennas mounted away from the
mast shall have be covered with leaf socks to blend with the mottled foliage of the artificial branches.
Any antenna mounted close to the mast shall be painted to mimic the tree trunk. The foliage shall
have a mottled green/brown coloration.
The building permit shall be reviewed and 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 antennas from public
view.
Resolution No. 6658 ASA-2011-13 September 27, 2011
PASSED AND ADOPTED this 27th day of September, 2011, 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 Lee, Vice Chair Miller, Brophy, Sun, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/ Aarti Shrivastava /s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Community Development Director Planning Commission
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