12. T-Mobile appeal
CITY OF
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
m
Community Development Department
CUPERTINO
SUMMARY
AGENDA NO.~
AGENDA DATE July 17, 2007
Application:
Applicant:
Property Owner:
Property Location:
DIR-2006-07
William Stephens/Dayna L. Aguirre (for T-Mobile) .
Stevens Creek Office Center Associates
20833 Stevens Creek Boulevard
SUBJECT:
Consider an appeal of the Planning Commission's decision to deny Application No.
DIR-2006-07, a Director's Minor Modification to inStall a wireless telecommunication
facility at an existing office center (Stevens Creek Office Center)
RECOMMENDATION:
The City Council may take either of the following actions:
1. Uphold the appeal of DIR-20Q6-07 and approve (or modify) the applicant's
request for a Director's Minor Modification to allow a wireless
telecommunication facility. See recommended conditions of approval in the
draft Planniri.g Commission resolution of approval found in exhibit B-1;
2. Deny the appeal and uphold the Planning Commission's decision to deny the
application for a wireless telecommunication facility.
BACKGROUND:.
File No. DIR-2006-07 is a Director's Minor Modification to allow a wireless
teleconutmnications facility on the roof of an existing office building located at 20833
Stevens Creek Blvd. It was referred to the Planning Conunission because it was the
Director's intent to deny the application, which the municipal code does not allow him
to do. He must refer minor modifications he intends to deny to the Planning
Commission for a public hearing.
On June 12, 2007, on a 4-0-1 vote (Giefer absent), the Planning Commission denied the
application (Exhibits A-I, B-1 and D1). The decision was subsequently appealed by the
applicant (Exhibit C-1) who could not attend the public hearing because of "scheduling
conflicts."
12 - 1
DIR-2006-07 Appeal
Page 2
July 17, 2007
DISCUSSION:
Commission Comments:
The Planning Commissioners had no questions for staff nor did they offer any
comments before taking a vote on the project.
Public Comments:
No member of the public spoke against or in support of the project. Staff did not
receive any public comments prior to the hearing.
Staff Comments
The antenna heights comply with the wireless communications facilities ordinance, and
the proposed antennas could be fully screened from public view with a combination of
existing landscaping and rooftop equipment screens, but does not comply with CMC
section 19.108.070 which states: "The primary objective is to blend the design of the
aerial into the surrounding environment, or site the aerial in such a manner to minimize
the visual intrusiveness of the structure... 11
From staff's viewpoint, the screens are not architecturally integrated with the design of
the building as required and are thus not compatible with their surroundings (see
photos). Staff recommends a full perimeter roof screen, which would integrate better
with the appearance of the building and have the added benefit of better screening
existing rooftop equipment, rather than the" pop-up" chimney design approach.
The applicant's engineering analysis argues that the full perimeter roof screen is not
structurally feasible because of wind loads and obstructions posed by existing rooftop
equipment that limit how the screens can be braced. The roof screen can be made of a
light weight material with louvers to allow air flow.
Enclosures:
Exhibit A-1: Planning Commission Resolution No. 6460
Exhibit B-1: Planning Commission Staff Report dated June 12, 2007
Exhibit C-1: Appeal Letter
Exhibit D-1: Planning Commission June 12, 2007 meeting minutes
Prepared by: Colin Jung, Senior Planner
Steve Piasecki
Director of Community Development
G:planning/ pdreport/ appeaIs/DIR-2006-07 appeal
Approved by:
~app
City Manager
12 - 2
DIR-2006-07 .
OTY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
Exhibh A - 1.
DENIAL "RESOLUTION NO. 6460
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A DIVERTED DIRECTOR'S MINOR MODIFICATION TO ALLOW TIIE
CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FACILITY AT AN
EXISTING OFFICE CENTER (STEVENS CREEK OFFICE CENTER) LOCATED
AT 20833 STEVENS CREEK BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City. of Cupertino received a diverted.
application for Director's Minor Modification, 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 ot Cupertino, and the Planning Commission has held one or more
public hearings on tIus matter; and
WHEREAS, the project's roof screens, designed to visually screen the antennas, does not
architecturally integrate with the appearance of the office building and is thus not compatible
with the surroundings and at variance with the adopted. siting and design guidelines and is
thus inconsistent with the City's Wireless Facilities Master Plan. .
NOW, THEREFORE, BE IT RESOLVED:
That . after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the diverted application for Director's Minor Modification is hereby
denied; 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-2006-
07 as set forth in the Minutes of the Planning Commission Meeting of June 12, 2007, are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
DIR-2006-07
Erik Corkery (for T-Mobile)
Stevens Creek Office Center Associates
20833 Stevens Creek Boulevard
12 - 3
Denial Resolution No. 6460
June 12, 2007
Page 2
PASSED. AND DENIED this 12th day of June 2007, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOPS:
ABSTAIN:
ABSENT:
COMMISSIONERS: Vice Chair Chien, Miller, Wong, Kaneda
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Chairperson Giefer
ATTEST:
APPROVED:
/ s / Steve Piasecki
Steve Piasecki .
Director of Community Development
/ s / Cary Chien
Cary Chien, Vice ChaIr
Cupertino Planning Commission
H:/GROUPS on CUPntjPlanning/PDREPORT IRes/ 2007 IDIR-2006-07 denial res.doc
12 - 4
Exhibit B - J.
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
DIR-2006-07
Agenda Date: June 12, 2007
Applicant: Erik Corkery (for T-Mobile)
Property Owner: Stevens Creek Office Center Associates
Property Location: 20833 Stevens Creek Boulevard
Height of Antennas (abpve grade): 37 feet
Height of Antennas (above parapet): .5 feet
Environmental Review: Categorically Exempt, Section 15303, Oass 3e
Application Summary:
~irector's Minor Modification of 13-U-79, (File No. DIR-2006-07) to install a
wireless telecommunication facility at an existing office center (Stevens Creek
Office Center) .
RECOMMENDATION:
Staff recommends that the Planning Commission deny DIR-200M>7 in
accordance with the model resolution.
BACKGROUND:
The applicant Erik Corkery, representing T-Mobile, is requesting the
establishment of a wireless telecommunications facility on th~ roof of an existing
two-story office builcliIi.g with below-grade parking located at 20833 Stevens
Creek Boulevard (see location aerial photo below). Six 4.5 feet tall panel .
antennas will be mounted in pairs in the equipment well of the building roof,
along with four associated equipment cabinets. Two pairs of the antennas are
oriented toward Stevens Creek Boulevard and the third pair toward the rear of
the building. The surrounding land uses are all commercial uses and the Union
Church across Stevens Creek Boulevard. The distance to the closest residential
property on Bianchi Way (across Stevens Creek Boulevard) is 395 feet, and 435
feet to the pastor's residence on the Abundant Life Church property.
12 - 5
DIR-2006-07
June 12. 2007
Page :2
I Propos~d Location of T -Mobile Cell Site
DISCUSSION:
The antenna heights comply with the City's wireless communications facilities
ordinance requirements for roof-mounted antennas. The equipment cabinets are
completely screened from public view by the equipment well, and the antennas
will be visually screened with a combination of existing landscaping and rooftop
equipment screens. Note that the plan elevations depict fewer roof screens than
what is shown in the photosirnulations.
While the antennas can be fully screened, the screens are not architecturally
integrated with the design of the building and is thus not compatible with its
surroundings (See photo). From a design standpoint, staff prefers a full
perimeter roof sc~ee~ which would integrate better with the appearance of the
building, rather than the "pop_up chimney" approach.
The applicant states that a full perimeter roof screen is not structurally feasible
because of the wind loads and the obstructions posed by other equipment
already on the roof that limits how the screens can be braced (See exhibit A).
Staff had suggested that the equipmelit screens be perforated to reduce the wind
load, but the structural engineer said it would not help enough and the cell
antennas would be visible through the screen perforations.
12 - 6
2
DIR.-2006-07
June 12, 2007
Page 3
Front Roof Screen
Locations
If the Commission chooses to approye the proposal, staff recommends certain
conditions that are included in the attached resolution of approval, including a
condition that requires the antennas to be fully screened to the satisfaction of the
Director of Community Development as depicted in the photosimulations.
Submitted by: Colin Jung, Senior Planner ----."
Approved by: Steve Piasecki, Director of Community Developme~
Enclosures:
Model Resolution for Denial
Model Resolution for Approval
Exhibit A: Letter from Delta Groups, Inc. dated July 17, 2006
Photosimulations
H: Groups/PlanningjPDREPORT jDIRreports/ 2006 /DIR-2006-07
12 -i
DIR-2oo6-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California. 95014
RESOLUTION NO.
(denial)
. .
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A DIVERTED DIRECTOR'S MINOR MODIFICATION TO ALLOW THE
CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FAOLITY AT AN
EXISTING OFFICE CENTER (STEVENS CREEK OFFICE CENTER) LOCATED
AT 20833 STEVENS CREEK BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a diverted
application for:. Director's Minor Modification, 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 heari,ngs on this matter; and
WHEREAS, the project's roof scr~ens, designed to visually screen the antennas, does not
architecturally.integrate-with the appearance of the office building and is thus not compatible
with the surroundings and at variance with the adopted siting and design guidelines and is
thus inconsistent with the City's Wireless Facilities Master Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the diverted application for Director's Minor Modification is hereby
denied; 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-2006-
07 as set forth in the Minutes of the Planning Commission Meeting of June 12, 2007, are
incorporated by reference as though fully set forth herein..
SECTION II: PROmCT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2006-07 .
Erik Corkery (for T-Mobile) .
Stevens Creek Office Center Associates
20833 Stevens Creek Boulevard
12 - 8
Resolution No.
June 12, 2007
Page 2
PASSED AND ADOPTED this 12th day of June 2007, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
. .
AYES:
NOES:
. ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Lisa Giefer, C~
Cupertino Planning Commission
H:jGROUPS on CUPntjPlanningjPDREPORT jRes/2007 jDIR-2006-07 denial res.doc
12 - 9
DIR-2006-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DIVERTED DIREt:TOR'S MINOR MODIFICATION TO ALLOW THE
CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FACILITY AT AN
EXISTING OFFICE CENTER (STEVENS CREEK OFFICE CENTER) LOCATED
AT 20833 stEVENs CREEK BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of. Cupertino received a diverted
application for Director's Minor Modification, 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 Corrunission has held. one or more
public hearings on this matter; and
WHEREAS, the project's roof screens can adequately screen the antenna and are of a height,
color, design that is architecturally compatible with the appearance of the office building.
The project is thus consistent with the City's Wireless Facilities Master Plan.
. .
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the diverted application for Director's Minor ModifiCation 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. DIR-2006-
07 as set foith in the Minutes of the Planning Commission Meeting of June 12, 2007, are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2006-07
Erik Corkery (for T-Mobile)
Stevens Creek Office Center Associates
20833 Stevens Creek Boulevard
12 ~ 10
Resolution No.
June 12,2007
Page 2
SECTION III: CONDmONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on plan set titled: SF15041A/Stevens Creek. Office. Center/'
. consisting of five sheets dated 11/09/06 and labeled 11, Al through A4, except as may
. .
. be amended by the conditions contained in this Resolution
2. LANDSCAPING
The applicant shall plant three 36-inch box Flowering Pears (Pyrus calleriana variety
Chanticleer) in the empty tree wells fronting the office building. The irrigation system
shall be in operating condition.
3. EXPIRATION OF AFPROV AL
The approval is valid for a period of 10 years and shall expire on June 12, 2017.
4. SCREENING OF VISIBLE ANTENNAS
Antennas and mounting hardware shall be fully screened from public view to the
satisfaction of the Director of Community Development. .
5. 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 9O-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
12-11
Resolution No.
June 12, 2007
Page 3
PASSED AND ADOPTED this 12th day of June 2007, at a Re~ar Meeting of the Planning
Commission of the City of Cupertino, State of California, by the followmg roll caIl vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMJSSIONERS:
A TrEST:
APPROVED:
Steve Piasecki
Director of Community Development
Lisa Giefer, Chair .
Cupertino Planning Commission
H:/GROUPS on CUPnt/Planning/PDREPORTjRes/2007/DIR-2006-07 approval doc
12 - 12
0. Delta Groups, Inc.
Exhibit A
5627 Stoneridge Drive, Suite 314, Pleasanton, CA 94588
Tel.: (925) 468-0115 Fax: (925) 468-0355
July 17, 2q06
Attn: Mr. Bill Stephens
T -Mobile
1855 Gateway Boulevard, 9th Floor
Concord, .CA 94520
Subject:
Parapet Extension at Project SF15041A, "Stevens Creek Office Center,"
located at 20833 Stevens Creek Boulevard in Cupertino, California
Dear Sir:
Per your request, we have reviewed this project with regards to the addition of a parapet screen
wall extension encompassing the perimeter ofthe existing building. In order to screen'the
proposed antennas, the parapet screen wall extension would extend to at least six feet in height
above the existing six foot high parapet wall. Wind-loading would become a very significant
factor. The parapet screen wall extension Would need to be braced to the existing roof using
'some diagonal bracing. Also, note that there are existing HVAC units located along the south
parapet wall that would prohibit bracing of a proposed parapet screen wall extension (see
Attachment A).
Delta Groups Engineering, Inc. has performed a Structural Evaluation to determine whether or
not a proposed parapet extension would be structurally feasible. We have reviewed both the
areas where diagonal bracing is feasible and where diagonal bracing is not feasible due to the
existing HVAC equipment. In both cases, the existing structural capacity of the roof would be
overstressed (see attached Structural Calculations). In conclusion, we have determined that a
parapet screen wall extension is not feasible at this project site. Should you have any
questions, please contact us.
Best regards,
Albert Tang
President
12-13
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~ '1\; if . 1; < '1 f Stevens Creek Office Center
::~s: ~ t;! -,. \ .. { } t ) 11 t1 III 20833 Stevens Creek Blvd.
Cupertino I CA
site # SF-15041A
view from Saieh Way looking west at site
,-
Proposed T-Mobi/e
Installation
Advance
Photo SlffiLliil' -
12 - 14
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Anlt:'.'1nas
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AdvanceS' f r ;:.~::1=:
?hnto S !TJ. J{: .HI Solu~ians -,'
CtJfIi.t't! ."'1
12-15
Existing
q; e ul\1(1)H(h
site # SF-15041A
Stevens Creek Office Center
20833.5tevens Creek Blvd.
Cupertino. CA
view from Shopping Cente! on Stevens Creek Blvd. looking Northwest at site
Proposed T-MaNle
inSla/lotion
AdvanceSi
Pho'o Slm ., nn SollJtions
12 - 16
(.,"!:.,t .,. >"'1:"
SUlfO consulting
4166 Clarinbridge Circle. DubIi1. CA 94568. WlIIW .sutroconsulting .rom
~ flfr Eft L ;J-- -
. Exhibh C - .1
f5)[E(G~~WlErm
\J\1 JUN 1 8 2007 lW
18 June 2007
city of Cupertino
Office of City Clerk
10300 Torre Avenue
Cupertino, CA 95014
CUPERTINO CITY CLERK
On behalf of T -Mobile, we respectfuUy request to appeal the decision made by the Planning
Commission on .12 June 2007, Item # 2, Application '# DIR-2006-Q7 for the proposal of aT.
Mobile wireless telecommunications facility. The proposed telecC>mmunications facility is
located at 20883 Stevens Creek Boulevard.
Due to scheduling conflicts, a representative was unavailable to attend and provide a rebuttal to
staff's recommendation. Please accept this letter and the fees included to seNe as an official
request to be heard by the City Council. .
Please contact me at 925.548.7671 should you require anything further. Thank you for your
assistance. .
Sincerely I
~~-5
Dayna l. Aguirre, Planning Consultant.
Authorized Agent for T-Mobile
sutro.
consulting, lie:
Dayna L. Aguirre
Planning Specialist
1011 23rd Street. Suite 3
San Francisco, CA 94107
. www.sutroconsulting.com
M: 925.548]671
F: 415.282.5660
daguirre@sutroconsulting.com
12-17
15041: N Stelling/Appeal Request Letter_18June2DD7
Cupertino Planning Commission
2
June 12, 2007
,
consid a way to do it around the trees if they are full grown tret
. Urged the PI Commission to keep that in mind whether the de
industrial ot commercIa.
Exhibit 0 ~ 1..
CONSEJ.\'T CALENDAR:
1.
CP-2007..o2 (EA-2007..o4)
City of CupertiD.o
Citywide Location
Review of the FI ear Capital Ifnprovements Proiram
(FY2007-08 to 2012-13 onformity to the City of
Cupertino's General Plan. Tent .
June 19, 2007
Motion: Motion by Com.. Wong, second by Com. Miller, to approve Application
PUBLIC HEARING
2. DIR-2006-07
William. Stephens (T-Mobile)
20833 Stevens Creek Blvd.
Director's Minor Modification to install a Wireless
telecOmmunication facility at an existing office center
(Stevens Creek Office CeJ;lter) Continued from the
May 8, 2007 Planning Commission meeting; Planning
Commission decision final unless appealed.
Colin Jung, Senior Plann~r, presented the staff report:
. Reviewed the application for Director's Mfuor Modification for a cell site on an existing office
. center located at 20833 Stevens Creek Boulevard located between the Whole Foods building
and reets Cciffee/Panera Bread, as outlined in the staff report. . . \..
. He reviewed the photo simulations of the proposed placement ofthe antennas on the structure.
. Staff recommends denial of the applicatipn as they feel the. roof screens do not architecturally
integrate with the appearance of the office building and are not compatible with the
surroundings and at variance with the adopted siting and design guidelines and are inconsistent
with the City's Wireless Facilities Master Plan.
. If the Planning Commission recommends approval of the proposal, staff recommends
conditions included in the attached resolution of approval, that require the antennas to be fully
screened to the satisfaction of the Director of Community Development as depicted in the
photo simulations. .
The applicant was not pi-"esent.
Vice Chair Chien opened the public hearing. As there was no input from the public, the public
hearing was closed.
Staff answered Commissioners' questions relative to the application.
Motion: Motion by Com. Miller, second by Com. Wong, to deny Application
DIR~2007~07. (Vote: 4..0-0; Chair Giefer absent)
Terry Brown (Hu an
Properties, 10026 and 10038
Orange A venne
development into three parcels. Planning Commission
unless appealed.
12 - 18
~.
D
o
Appeal of DIR-2006-07
ppeal of Planning Commission Decision
deny a '-Vireless telecommunication
acility on the roof of an existing office
enter (Stevens Creek Office Center)
ocation: 20833 Stevens Creek Blvd.
pplicant: Dayne Aguirre~ Sutro Consulting
for T-:Mobile
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otosimulatio
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Plannil'1g Commission Hearing
No public testimony.
Per staff~ antenna screening does not comply ~ith
ClV1C 19.108.070: ~~The primary objective is to
blend the design of the aerial into the surrounding
environment~ or site the aerial in such a manner to
minimize the visual intrusiveness of the structure
.,.,
. . .
Applicant states that the staff-preferred full
perimeter roof screen is structurally infeasible
because of ~ind loads and rooftop obstructions.
Planning Commission denied proj ect on a 4-0- 1
vote.
Screening
il-r1ulated Stevens Creek Blvd..
(one building side)
Options
COl.1-11Cil
Upllold the appeal and appl~ove tl'1e vvi1-eless
facility site.. Condition the approval:
I. Plant 3~ 36~~ box Flo'-V"ering Pears in the
empty tree vvells.
2. ]\Ifin. 10-year term of approval (state lavv)
3. Antennas and mounting hardvvare shall be
screened '-V"ith a full perimeter roof screen
subject to staff approval.
or1" s
:Del'1Y the appeal and Llpl'101d the Con'ITlissi
decision to deny the applicatiol'..