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13. T-MobileCUPERTINO DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM ~ 3 AGENDA DATE June 2, 2008 SUBJECT AND ISSUE Adopt a resolution authorizing the City Manager to negotiate and execute an encroachmen# agreement between the City of Cupertino and Omnipoint Communications, Inc. dba T-Mobile, a Delaware corporation. BACKGROUND Cell phone system provider T-Mobile and its customers in Cupertino have reported that current cell phone reception in a sizable area surrounding Bollinger Road and Blaney Avenue is poor. As a result, T-Mobile has applied to the City. to install cell phone system antennas in City right of way adjacent to 20041 Ballinger Road, the site of the Tin Tin Market, to improve cell phone system coverage in the surrounding area. The antenna installation planned by T-Mobile calls for replacing an existing City streetlight pole with a modified streetlight pole sufficiently larger in diametei to contain three panel antennas inside the pole. The modifed streetlight pole will be about 20 inches in diameter without' tapering from base to top, where the standard streetlight pole tapers in diameter from about eight to nine inches at its base to about four inches at its top. There will also be afive-foot-wide easement in City right of way behind the pole, extending approximately seven feet eight inches to the adjacent private property, which will contain antenna. cable connected to equipment sited on the private property. The agreement between the City and T-Mobile USA, Inc., will establish the terms for the encroachment, including fees, .rent, bonding, maintenance, and liability. The City has previously conducted public hearings on this installation, which indicated widespread approval based on public desire to improve cell phone reception in the poorly covered area. FISCAL IMPACT Approval of the resolution may allow the City to receive an as yet undetermined amount in rent for the antenna location. 13- STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 08- 470 ,authorizing the City Manager to negotiate and execute an encroachment agreement between the City of Cupertino and Omnipoint Communications, Tnc. dba T-Mobile, a Delaware corporation. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission to the City Council: David W. Knapp City Manager 13- DRAFT RESOLUTION N0.08-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND OMNIl'O1NT COMMUNICATIONS, INC., DBA T-MOBILE, A DELAWARE CORPORATION WHEREAS, cell phone system provider Omnipoint Communications, Inc., dba T- Mobile, a Delawaze corporation, and its customers in Cupertino have reported that current cell phone reception in a sizable area surrounding Bollinger Road and Blaney Avenue is poor; and WHEREAS, as a result, Omnipoint Communications, Inc., has applied to the City to install cell phone system antennas in City right of way adjacent to 20041 Bollinger Road, the site of the Tin Tin Market, to improve cell phone system coverage in the surrounding area; and WHEREAS, the City has previously conducted public hearings on this installation, which indicated widespread approval based on public desire to improve cell phone reception in the poorly covered area; and WHEREAS, the agreement between the City and Omnipoint Communications, Inc., will establish the terms for the encroachment, and may allow the City to receive an as yet undetermined amount in rent for the antenna location. NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute an encroachment agreement between the City of Cupertino and Omnipoint Communications, Inc., dba T-Mobile, a Delaware corporation, on behalf of the City of Cupertino. PASSED AND ADOPTED at a regulaz meeting of the City Council of the City of Cupertino this 2~ day of June 2008, by the following vote: Vote Members of the C~ Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, Ciry of Cupertino 13- EXHIBITS BEGIN HERE /~-2 -d ~ ~ /3 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2005-14 Agenda Date: November 27, 2007 Applicant (s): Dayna Aguirre, Sutro Consulting (for T-Mobile) Property Owner: Pacific Rim Park LLC Property Location: 20041 Bollinger Road (Pacific Rim Shopping Center) APPLICATION SUMMARY Use permit to erect a 32-foot tall, monopole with three panel antennas and an equipment shelter for wireless phone service. RECOMMENDATION Staff recommends that the Planning Commission approve the use permit, file no. U- 2005-14, in accordance with the model resolution. PROJECT DATA Site Area: 2.70 acres (shopping center is 4.56 acres) General Plan Land Use Designation: Commercial/ Residential Zoning: P(CG) Planned Development -General Commercial Existing Land Use: Shopping Center Height of Antennas: 32 feet Maximum Antenna Height Allowed: 55 feet Height of Adjacent Building: 22 feet, 8 inches Distance to Nearest Residential Property: 80 feet (in San Jose across Bollinger Road) Required Setback to Residential: 50 feet Environmental Determination: Categorical Exemption, Section 15303: New Construction or Conversion of Small Structures BACKGROUND: On December 13, 2005, the Planning Commission considered a use permit application fora 35-foot tall wireless communications monopole proposed to be located behind an existing grocery store in the Pacific Rim Center. The application was denied on a 5-0 vote (Exhibit A) because of the inadequacy of the landscaping needed to screen the monopole. The applicant subsequently appealed the denial decision to City Council, who, on March 7, 2006, remanded the project back to the Planning Commission to review alternative monopole designs. File No. U-2005-14 Page 2 November 27, 2007 DISCUSSION The applicant has proposed two alternativelicant'soreferenc~esand the subject of this and Alternative B. Alternative A is the app p application. If Alternative A is approved, the applicant will withdraw Alternative B, which was submitted under a different application that is not ready to be heard by the Planning Commission (see discussion below). Alternative A Description: This alternative consists of the replacement of the existing light pole on Bollinger Road next to the rear driveway for Pacific RimC Bare mounted n a 5-foot tallrladome onlt p both the light arm and the antennas, wh of a 27-foot pole (Exhibit B: photosimulations)ocated behind then hope ng cente ground and connected to the base equipment shelter 1 building. The shelter is small enough not to obstruct the rear driveway access. As depicted in the aerial photograph, the monopole is setback 80 feet from San Jose residential, 434 feet from Blaney Avenue residential and 460 feet from La Roda Drive residential. The ordinance-required setback is a minimum of 50 feet from a residential property line. • Monopole location v Previous proposed monopole lUCd~ivi~ ~..-=~«~a) File No. U-2005-14 November 27, 2007 Page 3 The Wireless Master Plan suggests the use of other existing vertical structures, such as power/telephone poles and electroliers (i.e., light poles) to elevate antennas. Many of these structures were not designed to accommodate antennas, so the City allows wireless companies to fabricate suitable replacement structures (Exhibit C). The design guideline is the new structure shall approximate the size, height, shape, colors and dimensions of the existing structure in order to fit the new structure into the visual landscape. A replacement public structure will need approval of the City Public Works Department. A replacement structure should accommodate internalized cable runs." The applicant has been working concurrently with the Department of Public Works to address its requirements and will be applying for an encroachment permit/lease agreement if the use permit is approved by the Planning Commission. The proposed facility meets Public Works standards. The pole has a uniform diameter of 20 inches. Other man-made vertical structures in the vicinity have the following diameters and characteristics: Vertical Structure Base Diameter Other Characteristics Li ht Pole 7.5 inches Ta ers in diameter to to Li ht/Traffic Si al Pole 11.5 inches Slight taper to diameter to top Wooden Power Pole 12.5 inches No to er to diameter The standard configuration of three antennas in the radome provides near 360 degree wireless phone coverage and has a minimum diameter of 20 inches. The applicant states that the pole itself could be reduced in diameter, but not the radome top. Staff's visual preference is having a uniform diameter pole and radome, rather than atop- heavy pole with a large top and slender pole. Landscape Screening: Staff has conditioned the approval with a requirement to replace two of the three Bollinger Road street trees fronting the shopping center to improve the visual screening. These two existing trees were planted 10 years ago and have not thrived. Staff is recommending 24" box trees with a minimum 8-foot height. IZF Emissions: Hammett & The applicant has commissioned a report prepared by radio engineers, Edison to assess the radio frequency radiation levels against federal safety standards for exposure (Exhibit D). The public exposure limit set by the federal government for personal communication services, like T-Mobile, is 1.00 microwatt per centimeter squared. The calculated maximum ambient RF exposure for a person anywhere at ground level is 0.0065 mW/cm2, which is 0.65% of the applicable public exposure limit. On the roof of the adjacent commercial building, the maximum exposure limit is 4.7%, and 2.0% of the public exposure limit at the second floor elevation of any nearby File No. U-2005-14 November 27, 2007 n residence. Since the RF emission levels fall far below federal safety standards, the Commission's decision on the project must not be based on RF emission concerns as prescribed by federal law. Equipment Noise: The applicant commissioned the preparation of a sound prediction report for the base equipment to be used at the cell site (Exhibit E). The equipment will be sited about 30 feet away from a common property line shared with a church. The maximum ambient noise level for the three equipment cabinets with the air conditioning running is 53.9 dB(A) (no traffic noise). The calculated level is below the City noise standard of 60dB(A) for a commercial property line. Note that measured ambient noise that includes drive-by Bollinger Road traffic was measured up to 63.3 dB(A). Alternative B Descr~tion: This cell site design alternative involves the mounting of three antennas within a radome on top of an existing wooden telephone pole at the southerly terminus of La Roda Drive. Cabling will run down the side of the pole before it is placed underground to a base equipment enclosure to be located on the Pacific Rim Center property (Exhibit F). The base equipment will be enclosed by a 6-foot tall masonry wall that will be planted out with ivy to discourage graffiti. Under this alternative, the commercial antennas would be set back less than 50 from a residential property line, which is prohibited without a variance by the City's wireless communication facilities ordinance. T-Mobile asserts that it has rights under the State public utility code (Section 7901) that preempt local regulations. A recent court decision tends to support T-Mobile's position (Exhibit G). An application for Alternative Design B is on file (DIR-2007-03) but is not being pursued by the applicant while the current application is being reviewed. Alternative B is the applicant's less preferred alternative because the pole is shorter in height and farther from the population base T-mobile wants to serve. The applicant intends to withdraw DIR-2007-03 if Alternative A (file no. U-2005-14) is approved. Submitted by: Colin Jung, Senior Planner Approved by: Steve Piasecki, Director of Community Developm t ENCLOSURES Model Resolution of Approval Exhibit A: Planning Commission Resolution No. 6343 Exhibit B: Photosimulations of light/monopole Exhibit C: Excerpt from the Siting and Design Guidelines of the Wireless Facilities Master Plan (p. 25) Exhibit D: RF Exposure Report for 20041 Bollinger Road prepared by Hammett & Edison and dated 09/06/07. Exhibit E: Sound Prediction Report for T-Mobile Site No. SF14949 dated 9/17/07 File No. U-2005-14 November 27, 2007 Page 5 Exhibit F: Plan set for DIR-2007-03 Exhibit G: U.S. Court of Appeals Decision for Sprint PCS Assets, L.LC. vs. City of La Canada Flintridge with separate commentary from wireless planning consultant, Ted Kreines. Plan Set G: ~ Planning \ PDREPORT~ pcUsereports \ U-2005-14b.doc U-2005-14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF THREE PCS PANEL ANTENNAS MOUNTED ON A 32 FOOT TALL FABRICATED LIGHT/MONOPOLE AND ANCILLARY EQUIPMENT CABINETS LOCATED IN A FENCED ENCLOSURE AT 20041 BOLLINGER ROAD, APN 369-34-052 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 Wireless Facilities Master Plan, Comprehensive General Plan and the purpose of this title. 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 approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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. U-2005-14 as set forth in the Minutes of the Planning Commission Meeting of November 27, 2007 and are incorporated by reference as though fully set forth herein. Resolution No. U-2005-14 November 27, 2007 Page 2 _ ____ SECTION II: PROTECT DESCRIPTION Application No.: U-2005-14 Applicant: Dayna Aguirre, Sutro Consulting (for T-Mobile) Property Owner: Pacific Rim Park, LLC Location: 20041 Bollinger Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "SF14949 TIN-TIN MARKET", consisting of 6 sheets labeled T1, T-2, A-1 through A-4 dated 8/17/07, except as may be amended by the conditions contained in this resolution. 2. PUBLIC WORKS DEPARTMENT APPROVAL The applicant shall secure an encroachment permit and other necessary approvals from the public works department to locate the light/monopole in the public right-of-way. 3. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said antennae and associated facilities shall be removed. The applicant shall bear the entire cost of demolition and removal. 4. 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 and camouflage technologies to determine if the visual impact of the personal wireless facility can be reduced. 5. LANDSCAPING The applicant shall replace the two street trees east of the light/monopole with two healthy, minimum 8-foot tall, 24-inch box trees of the same species or another species approved by the Department of Public Works. Any irrigation system for the trees shall be rehabilitated or added if one does not exist. Resolution No. U-2005-14 November 27, 2007 Page 3 PASSED AND ADOPTED this 27th day of November 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: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Steve Piasecki Director of Community Development APPROVED: Lisa Giefer, Chair Cupertino Planning Commission g:/planning/pdreport/res/U-2005-14 apprvl.doc U-2005-14 CITY OF CUPERTINO Exhibit A 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0.6343 (denial) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF THREE PCS PANEL ANTENNAS MOUNTED ON A 37 FOOT TALL TREEPOLE AND ANCILLARY EQUIPMENT CABINETS LOCATED IN A FENCED ENCLOSURE AT 20041 BOLLINGER ROAD, APN 369-34-052 SECTION I: FINDINGS WHEREAS, the P1aruling 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 Plaruzing Commission has held one or more public hearings on this matter; and WHEREAS, the project's tree pole is inadequately screened and blended with natural landscaping in accordance with adopted sighting and design guidelines and is considered visually obtrusive in its environmental context. The project 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 application for Use Permit is not 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. U-2005-14 as set forth in the Minutes of the Planning Commission Meeting of October 25, 2005 and December 13, 2005 and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: U-2005-14 Applicant: William Stephens (for T-Mobile} Property Owner: Pacific Rim Park, LLC Location: 20041 Bollinger Road PASSED AND ADOPTED this 13th day of December 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Wong, Vice Chair Miller, Saadati Chen, Giefer NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/ Steve Piasecki Steve Piasecki Director of Community Development /s/ Gilbert Wong Gilbert Wong, Chair Cupertino Planning Commission g:/planning/pdreport/res/U-2005-14 denial.doc a~/~-z-a8 ~~3 ing r -- 1 L M ~ ~~,~ ; ~ SF14949 Tin Tin Market ,posed proposed new light standard with T-Mobile antennas within - -~ proposed new trees ~~,:~^ . r 20041 Bollinger Road Cupertino. CA 95014 ~3 c t `~' J -~ 0 0 ~~ o~ 0 '~`H •'t 0 Q. r"F ~_ n 0 n _~ ~• y C7 r+ U1 cv cu 0 0 ~' va 0 y O U0. W O OrQ (4 O v Q. WW Design & Consulting, Inc. 09/04/2007 Exhibit B 0 0 ~~ v o~ 0 s c~ z 0 0 c~ c~ c~ 0 3 ~' y o' v v c~ 0 0 ~' cra 0 c c~ sv v 0 ~o, W 0 ~' ~a c~ -~ 0 v © WW Design & Consulting, Inc. 10/29/2007 crr/~-Z-oB ~ 1 - ~ ISSUE STATUS ' PROPOSED T-MOBILE PANEL ANTENNAS p DATE DESgiIP110N REV (3) TOTAL MOUNTED WLTHIN A 20"0 x - 10/23/05 1005 20NINC REV.3 3 , 5' HT. RADOME ON TOP OF A NEW 20° - n D7 D5 1GD5 zoNlNC REV.a a X 2T-0" HT LIGHT POLE (TOTAL POLE - n/1s/DS tao5 ioNwc REVS s . HT. W/RADOME = 32' AGL) - Dz Da D7 IDDS zoNlNC REV.B s - 03/13/01 1005 ZONNG REV.7 1 - DS/27/07 1005 ZONNC REV.R B TOP OF POLE/3 ANTENNAS - Da/D3/m 1DOZ zoNNC REV.9 s t32' A.G.L 1'-8° - 05/21/07 1005 ZONMC REV.1 10 - 03/17/07 PLANNING COMM15. 11 DRANK BY: AU S ~ ANTENNA RAD CENTER CHECKED BY: R. ZDiM t29'-B A.G.L ~ MSA I ~~~ Arrhlfaedvn & PlannL~g, Ina BOTTOM OF RADOME ~", f2T A.G.L `~b" ~b p..~ ~ ~ i (N) TMA LOCATIONS °' ~ 7°t""~bilbn0 smF,.°d.~,uarat [115017%9 ht{fi607 71N (E) llGHT POLE TO BE "" Yc-~~ W I '"~j' ~ ~ ~b . c~ i~yp~y ~ppy §~ ~ II ~~ ~ ~ Iauna maaap'can (E) BUILDING REPLACED WITH PROPOSED ~ ~ ~ T-MOBILE 27'-0° HT. UGHT ~.~^ ~, ~. ~ ~... ,~" POLE 8 i j ~~ ~ a PROPOSED T-MOBILE GPS ANTENNA MOUNTED ON "~ a " ~ , ~" (E) BUILDING WALL I I, F I E F 1 ~ ~^': ye' ~ ~- ,r' I III' ~~ I~~~i~ I ~ 0 e (E) UNHEALTHY TREES IN CENTER I ~ ;:'i`; ~~~ ~ ` ~ I MEDIAN TO BE REPLACED WLTH ° t' I ~ ` :'. I 't I i HEALTH IE R TR EES OF THE SAME N4IE: 'i ,',; s~~ (E) SIDEWALK i I I t u SPECIES BY T-MOBILE, NP. OF NEW - POLE BY T MOBILE TO MEET 's. ;1 I (3) TOTAL (TD BE DETERMINED PUBLIC WORKS SPECIFlCA710NS I . I '.`"" ., r;, -~'"~' -- -- - - ___ - FINISH GRADE ' ~ (E) PLANTER ! ~ p PROPOSED 6' HT. CHAINUNK ~LL O FENCE WITH WOODEN SLATS (E) ELECTRICAL EQUIPMENT " J W/ 10' WIDE DOUBLE SWING t5' t 5' x CORNER ACCESS GATE PROPOSED 7-MOBILE PRE-FABRICATED PROPOSED 6°0 REMOVABLE EDUIPMEMi SHELTER AT GROUND LEVEL rn o~ (E) LANDSCAPE J~ BOLLARDS, (4) TOTAL _ m~ ,-- 3v NORTH ELEVATION GCE ® <~ 7/18'=1'-0' 01'2' B' 10' o! -~ ~O ., N U NOTE: roo NEW POLE BY T-MOBILE TO MEET PUBLIC WORKS SPECIFlCATIONS. PROPOSED T-MOBILE PANEL ANTENNAS (3) TOTAL, MOUNTED WITHIN A 20"~ x Z 0 ~ 5' HT. RADOME ON TOP OF A NEW 2D" a I X 27'-D" HT. UGHT POLE (TOTAL POLE - Z ~ HT. W/RADOME = 32' A.G.L) ~ c TDP DF POLE 3 ANTENNAS ' " ~~ t32 AG.L 104 -5 J. AMENNA RAD CENTER `f f29'-8 A.G.L. in (E) UNHEALTHY TREES IN CENTER MEDIAN TO BE REPLACED W(TH (~ U HEALTHIER TREES DF THE SAME TO R SPECIES BY T-MOBILE, TYP, OF GHT STANDARD EMAIN (3) TOTAL (TO BE DETERMINED) E,..{ N (E) BUILDING BOTTOM OF RADOME (E) UTILITY POLE WITH t27' A.G.L. ^-~ (E) UGHT POLE TO BE ~ o `~ ~ ~ a i TRANSFORMER PROPOSED T-MOBILE POWER k TELCO P.D.C.) (N) TMA LOCATIONS ~ I ss~i, £~ REPUCED WffH PROPOSED ~ ~+v' T-MOBILE 20' X 2T-0' HT. UCHT POL ~ ~] ~ N o ~ w w m o ~ z E BUILDING () ~ E . ypr a 4 y-yi' ~~ f ~ ~ ~ ~ g J ~ Q f z lA ~ ~ 4 ~~ F mF~ ~ rc ~ ~-+ z I w -, r~ g N Hoo's Sili D is I~ I ~~ ` I i~ ~~»w1 Q I N ~ II ~ I C U !~11 bd.i~ I 1a I H I, ~~ n~~ ~ ~ c.;i~ ~I!~ I. P q ~~i ~ ? e., Fr,: .i I 1!i (E) BOLLARD ~ / (E) WALL _ I I (E) DRN'EWAY I~ ~ ~ ~ ~ FINISH GRADE SHEET 71TLE ELEVATIONS WEST ELEVATION SD,LLE ® A-4 7/16' ' ' ' 2' 6' 70' 0 2 -1 -D 1