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ASA-2011-18b City of Cuperkino ,,, 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 CUPERTIN� FAX (408) 777-3333 Community Development Department October 26, 2011 Trillium Attn: Valerie Tellerico 7901 Stonebridge Dr. #503 Pleasanton, Ca. 95088 SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2011-02, ASA-2011-18, V-2011-02, TR- 2011-65 This letter confirms the decision of the Planning Commission, given at the meeting of October 25, 2011, approving a Use Permit and Architectural and Site Permit to allow the co-location of a personal wireless service facility, consisting of twelve panel antennas mounted on a previously approved (but un-built) 70-foot tall monopine with an associated base equipment enclosure at a planned residential development; a Variance Permit to allow equipment cabinets to be setback less than three feet from a side yard residential property line; and a Tree Removal Permit to allow the removal and replacement of one 65" diameter Monterey Pine to facilitate the construction of a person wireless service facility, located near 22475 Rancho Deep Cliff Drive, according to Planning Commission Resolution No. (s) 6676, 6677, 6678, and 6679. Please be aware that if this Permit is not used within a ten-year period, it shall expire on October 25, 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: Resolution 6676, 6677, 6678 and 6679 CC: Saul Hoffman, Rancho Deep Cliff HOA, 22475 Rancho Deep Cliff D� Cupertino CA 95014 g/planning/post hearing/actionletterU-2011-02,ASA-2011-18, V-2011-02, TR-2011-65 ASA-2011-18 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6676 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROV ING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF TWELVE PANEL ANTENNAS COLLOCATED ON A PREVIOUSLY APPROVED BUT UNBUILT 70-FOOT TALL MONOPINE AND AN ASSOCIATED EQUIPMENT ENCLOSURE AT A PLANNED RESDENTIAL DEVELOPMENT (RANCHO DEEP CLIFF) SECTION I: PROTECT DESCRIPTION Application No.: ASA-2011-18 Applicant: Valerie Tallerico, Trillium (for AT&T) Property Owner: Rancho Deep Cliff Homeowners Association Location: Common area next to 22475 Rancho Deep Cliff Drive 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 Coinmission 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, the wireless facilities master 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) Design harmony between the new collocated antennas and existing trees have been preserved and the materials, textures and colors of the new monopine harmonize with adjacent landscaping and preserve the future character of the neighborhood and purposes of the zone in which it is situated. The location, height and materials of walls, fencing, hedges and screen planting harmonize with adjacent development. Unsightly 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 to the extent practical. 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, fences and other appropriate design measures. Resolution No. 6676 ASA-2011-18 October 25, 2011 NOW, THEREFORE BE IT RESOLVED That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, the application for an Architectural and Site Approval, Application no. ASA-2011-18 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-2011-18 as set forth in the Minutes of Planning Commission Meeting of October 25, 2011, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "AT&T/CN4008/RANCHO DEEP CLIFF/ 22475 RANCHO DEEP CLIFF DRIVE/CUPERTINO, CA 95014" prepared by Connell Design Group, LLC dated 10/ 04/ 11 and consisting of nine sheets labeled T1, F1, C-1, A1, A2, A2.1, A3, A4 and A5, except as may be amended by the conditions contained in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/ or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2011-02, V-2011-02 and TR-2011-65 shall be applicable to this approval. 4. DEVELOPMENT APPROVAL Architectural and Site Approval is granted for the architectural design and site planning for a personal wireless service facility consisting of twelve panel antennas collocated on a previously approved, but unbuilt, 70-foot tall monopine and associated equipment enclosure. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 5. MONOPINE & ANTENNA APPEARANCE AND MAINTENANCE The applicant shall construct a personal wireless service facility that achieves a tree-like appearance and satisfactorily camouflages exposed equipment by implementing the design criteria below: a) Use a sufficient number of artificial branches of sufficient lengths to obscure the appearance of the panel antennae and any associated mounting framework. b) Panel antennae mounted away from the mast shall be painted green to match the foliage of the monopine. The antennae mounting hardware and RRU's shall also be painted green to match the foliage of the monopine. c) All panel antennae shall have needle covers to blend with the foliage of the monopine. d) Cabling shall be internalized within the mast of the personal wireless service facility. 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 monopine to maintain its appearance and obscure the panel antennae from public view. Resolution No. 6676 ASA-2011-18 October 25, 2011 6. EQUIPMENT ENCLOSURE The equipment enclosure shall be completely enclosed with a redwood fence. Vinyl slats proposed for the chain link fence shall be deleted. 7. TREE REPLACEMENT & RELANDSCAPING The removed tree shall be replaced with a 36-inch box tree planted in the general viculity of the project. Ground cover areas that are disturbed by construction activities shall also be restored by the applicant. Final tree location shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. Applicant shall provide a letter from a landscape architect, certifying that the newly planted tree and other replaced landscaping are in good health and the irrigation system is operating properly to maintain the vegetation. 8. 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 25� day of October, 2011, at a regular Meeting of the Planning Coxrunission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley, Sun 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 G: Plan n ing/PDREPORT/RES/2011/ASA-2011-18. doc • • or a i iona . n orma ion . ee � e _ _ _ _ _ _