U-2006-05b
I
//,;~I
~
___J
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408)777-3366
CI OF
CUPEI\TINO
OFFICE OF THE CITY CLERK
October 20, 2006
Union Pacific Railroad
Attn. Jim Mattison
P.O. Box 298
Byron, CA 94514
Re: Consider an appeal of the Planning Commission's decision to deny a Use Permit and
Height Exception for a telecommunication facility consisting of a 65-foot monopole
(treepole) and ground equipment, Application Nos. U-2006-05, EXC-2006-03, Jim
Mattison (Union Pacific Railroad), McClellan Road & railroad tracks, APN 362-01-025.
The appellant is Jim Mattison. (Continued from September 19. Staff recommends
removal from calendar until the applicant/appellant provides further information).
Dear Mr. Mattison:
At its October 17, 2006 meeting, the Cupertino City Council removed your item from the agenda.
If you have any questions please contact the Community Development Department at (408) 777-
3308.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code ~2. 08. 096.
Sincerely:
~~(jj-
Grace Schmidt
Deputy City Clerk
cc: Community Development
Printed on Recycled Paper
Page 1 of 1
Colin Jung
From: Sarah Berry [sarah.berry@aatcommunications.com]
Sent: Monday, October 16, 2006 9:44 AM
To: Colin Jung
Subject: AA T Communications appeal
Mr. Jung,
Please be advised that AAT Communications Corp. is withdrawing its appeal (Appeal U-2ooo6-03) of the City of
Cupertino's denial of the 65 ft. communications pole proposed within the Union Pacific Rail Road right-of -way
near the intersection of Bubb Road and McClellan Road.
Upon review and consideration of the additional information sent by the Santa Clara Valley Water District in
August, AAT has concluded that there is not enough room within the railroad right-of-way to build the tower as
originally planned. We sincerely apologize for the late notice, however, we've been diligently investigating the
issue since the time we were made aware of the additional information.
SBA Communications Corporation, successor-in-interest to AAT Communications Corp., and its affiliates, may
investigate if there are other alternative site locations which are appropriate for this type of use.
We would like to take this opportunity to thank the City of Cupertino for its assistance during this process and we
look forward to the possibility of working with the City on future projects.
Should you have any questions, concerns or need further information, please contact me at your earliest
convenience.
Respectfully,
Sarah Berry
Compliance Manager
SBA Network Services, Inc.
18650 W. Corporate Dr., Suite 320
Brookfield, WI 53045
(0) 262.780.1170 x21 0
(F) 262.780.1197
(M) 414.803.8986
. sberrv@sbasite.com
10/23/2006
Re: AAT/SBA pole on Bubb
Page I of2
Colin Jung
From: Pamela Nobel [pdnobel@earthlink.net]
Sent: Friday, September 15, 200610:00 AM
To: Colin Jung
Subject: Re: AA T/SBA pole on Bubb
Thanks Colin,
I have forwarded your request for the $152.83 reimbursement to SBA (previously AAT) and
they will send a check directly to you.
Pamela Nobel
(707) 486-7252
From: "Colin Jung" <ColinJ@cupertino.org>
Date: Thu, 14 Sep 2006 15:40:24 -0700
To: "Pamela Nobel" <pdnobel@earthlink.net>
Subject: RE: AAT/SBA pole on Bubb
Pamela:
Jim Mattison requested a continuance of the monopole to Oct. 17 City Council meeting. If there are project
revisions or additional information you would like staff to consider in its staff report, I would like to have the
information by October 1 st. .
A copy of Santa Clara Valley Water District's letter and attachment is included. I mailed a copy to Jim in
July.
I would like to get your help in getting an invoice paid off for our legal noticing costs in the amount of
$152.83. Our administrative staff has not had any luck getting Jim to pay the bill in a timely fashion.
Documentation is following in the mail.
Thanks.
Colin Jung
Senior Planner
City of Cupertino
-----Original Message-----
From: Pamela Nobel [mailto:pdnobel@earthlink.net]
Sent: Monday, August 14, 20064:12 PM
To: Colin Jung
Cc: Sarah Berry; Paul Albritton
Subject: MT/SBA pole on Bubb
Hello Colin,
We are all working hard to address the issues of concern that were voiced at the
10/11/2006
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIQINO
OFFICE OF THE CITY CLERK
September 20, 2006
Union Pacific Railroad
Attn. Jim Mattison
P.O. Box 298
Byron, CA 94514
Re: Consider an appeal of the Planning Commission's decision to deny a Use Permit and
Height Exception for a telecommunication facility consisting of a 65-foot monopole
(treepole) and ground equipment, Application Nos. U-2006-05, EXC-2006-03, Jim
Mattison (Union Pacific Railroad), McClellan Road & railroad tracks, APN 362-01-025.
The appellant is Jim Mattison.
Dear Mr. Mattison:
The above stated item is scheduled for the October 17, 2006 City Council meeting. Council
meets at 6:45 p.m., Council Chamber, Community Hall, 10350 Torre Avenue, Cupertino,
California. Interested parties are invited to attend and be heard.
Council will receive written information from staff. Any printed material you would like Council
members to receive prior to the meeting should be submitted to this office no later than Tuesday,
October 10. We will duplicate and deliver it to Council members.
If you have any questions regarding the process, please feel free to call our office at 777-3223.
If you wish to challenge the City Council's action in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City of Cupertino City Hall at, or prior to, the public
hearing.
&;g~vJcIt-
Grace Schmidt
Deputy City Clerk
Printed on Recycled Paper
Page 1 of8
Colin Jung
From: Colin Jung
Sent: Wednesday, October 11, 2006 1 :20 PM
To: 'Jim Mattison'
Cc: 'Pamela Nobel'
Subject: RE: Appeal U-20006-03 AAT/SBC Treepole at Bubb Rd & McClellan
Jim:
Your appeal hearing is scheduled for October 17th before the City Council. I have not received any documents or
information in support of your appeal petition and I asked Pamela for any information by October 1 st. Are we
moving forward with your appeal or not?
Colin Jung
Senior Planner
City of Cupertino
-----Orig i na I Message-----
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Monday, September 18, 20067:59 PM
To: Colin Jung
SUbject: Re: Appeal U-20006-03
Thanks Colin,
Jim Mattison
925.698.1590
"Make it Happen"
" No Excuses"
---- Original Message ----
From: Colin Jung
To: Jim Mattison
Cc: Grace Schmidt
Sent: Monday, September 18,20064:18 PM
Subject: RE: Appeal U-20006-03
Jim:
You don't need to be at the Council meeting on Sept. 19th, your appeal should be continued to
Tuesdady, October 17,2006. Note date.
Colin Jung
-----Original Message-----
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Thursday, September 14, 20063:54 PM
To: Grace Schmidt
Cc: Colin Jung
Subject: Re: Appeal U-20006-03
Perfect.
10/11/2006
10/11/2006
Page 2 of8
Thanks,
Jim Mattison
925.698.1590
"Make it Happen"
" No Excuses"
---- Original Message -----
From: Grace Schmidt
To: Jim Mattison
Cc: Colin Jung
Sent: Thursday, September 14,20063:45 PM
Subject: RE: Appeal U-20006-03
I don't think you need to be there. More than likely it will be continued. If they have
questions, Colin could let Steve know why you needed the contiuance. Colin?
-----Original Message-----
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Thursday, September 14, 2006 3:21 PM
To: Grace Schmidt
Cc: Colin Jung
Subject: Re: Appeal U-20006-03
Colin,
Is there any reason that I need to be there?
I would have to drive 1 1/2 hrs. both ways.
I would hope if anything comes up you could tell the council why we needed the
continuance.
Please advise.
Thanks,
Jim Mattison
925.698.1590
"Make it Happen"
" No Excuses"
---- Original Message -----
From: Grace Schmidt
To: Jim Mattison
Cc: Colin Jung
Sent: Thursday, September 14, 2006 3:13 PM
Subject: RE: Appeal U-20006-03
Jim,
The item is on the agenda because it was noticed, but it shows that you have asked
for a continuance to October 17 - Tuesday. Council will more than likely grant the
continuance. See attached, postponements and number 10.
Grace
-----Original Message------
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Thursday, September 14, 2006 12:41 PM
To: Grace Schmidt
Cc: Colin Jung
Subject: Re: Appeal U-20006-03
Page 3 of8
Grace,
I would like to confirm we have been taken off the calendar for the 19th and we
are all set for Oct. 12th.
Please advise.
Thanks,
Jim Mattison
925.698.1590
"Make it Happen"
" No Excuses"
---- Original Message ----
rom: Grace Schmidt
0: Jim Mattison
c: Paul Albritton; Colin Jung ; Sarah Berry
ent: Friday, September 08, 2006 3:02 PM
ubject: RE: Appeal U-20006-03
he second meeting in October is the 17th. We'll ask the City Council to
ontinue the item until then.
race Schmidt
upertino Deputy City Clerk
08-777-3224
08-777-3366 (fax)
-----Original Message-----
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Friday, September 08,20062:13 PM
To: Grace Schmidt
Cc: Paul Albritton; Colin Jung; Sarah Berry
Subject: Appeal U-20006-03
Grace,
As we discussed, there may be an easement issue with the SCWD in
the area we wish to install our equipment.
This may take between two and four weeks to finalize. SBA is working to
resolve this matter ASAP.
We would like to postponed the appeal until mid October. Colin is aware
of this issue as well.
Please advise if mid October will work for all.
Have a great weekend.
Thanks,
Jim Mattison
925.698.1590
"Make it Happen"
" No Excuses"
---- Original Message -----
rom: Grace Schmidt
0: Jim Mattison; Kimberly Smith
c: Sarah Berry ; Colin Jung ; Kiersa Witt
ent: Tuesday, June 06, 2006 8:51 AM
ubject: RE: Appeal
10/11/2006
Page 4 of8
ello Mr. Mattison,
will check with staff and send you a letter confirming the date of
he appeal.
race
race Schmidt
upertino Deputy City Clerk
08-777-3224
08-777-3366 (fax)
-----Original Message-----
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Monday, June 05,20069:14 PM
To: Kimberly Smith; City Clerk
Cc: Sarah Berry
Subject: Re: Appeal
Kimberly,
We would like to be placed on the July 18th calendar.
Please confirm that all is OK with that date and I look forward to
getting the information in the mail.
Thanks for your help,
Jim Mattison
925.698.1590
"Make it Happen"
" No Excuses"
--- Original Message -----
rom: Kimberly Smith
0: Jim Mattison; City Clerk
c: Sarah Berry ; Colin Jung
ent: Friday, May 26, 2006 2:27 PM
ubject: RE: Appeal
elloJim,
s we discussed on the phone this afternoon, I am attaching
e appeal form to this email.
lease print out the form, sign it, attach a check in the amount
f $149.00 payable to the City of Cupertino. You can mail it
ack or drop it off at the City Clerk's Office (the mailing
ddress is on the form). You have 14 calendar days from
hen the notice was mailed.
I the City Council overturns the decision of the Planning
ommission, the $149.00 will be refunded to you.
nce the City Clerk's Office receives your appeal form and
heck, we will contact Senior Planner Colin Jung to select
orne City Council hearing dates and also contact you to see
hich dates would be best. At this time, it appears that your
ptions may include Wednesday July 5, Tuesday July 18, or
uesday August 15. (Please note, August 15 will be the only
ity Council hearing in the month of August and I expect the
10/11/2006
Page 5 of8
agenda to be very full, so you may want to avoid that date.
Also, I have been informed that Council member Sandoval will
be absent at the meeting of July 18.)
FYI, here is an excerpt from the Municipal Code regarding
appeals. Yours would fall under the last section, 19.136.060.
19.136.020 Filing Procedure.
A. An appeal shall be in writing on forms
prescribed by the City and shall be filed during regular
office hours with the City Clerk within fourteen calendar
days after the mailing of notice of the City decision or
determination of the Director under this title. An appeal
not filed within such time shall be barred. The appeal
shall state the grounds thereof.
B. An appeal shall be subject to an appeal fee as
prescribed by resolution of the City Council. (Ord. 1601,
Exh. A (part), 1992)
19.136.030 Hearing and Notification.
Upon notification and receipt of the appeal, a date for
public hearing before the Planning Commission shall be
set, which will be held within ninety days from the date
of the filing of the appeal. Notice of hearing shall be
given in the same manner as provided in Section
19.120.060 for notice of hearing by the Director of
Community Development. (Ord. 1601, Exh. A (part),
1992)
19.136.040 Action by the Commission.
Upon the date set for hearing, the Planning
Commission shall conduct a public hearing thereon,
unless, for cause, the Commission on that date continues
the matter.
Upon conclusion of the hearing on the appeal, the
Commission shall make findings and recommend to the
City Council that the decision of the Director be affirmed,
changed or modified, or, in lieu thereof, make such other
or additional recommendations as it deems proper and
shall submit the determination in the form of a
recommendation to the City Council. (Ord. 1601, Exh. A
(part), 1992)
19.136.050 Action by the City Council.
10/11/2006
Page 60f8
Upon receipt of the recommendation of the Planning
Commission, the City Council shall consider the appeal
with thirty days of receipt of the recommendation by the
City Clerk. The City Council shall conduct a public
hearing on the matter. In conformity with the provisions
of this title, the Council may affirm or reverse, wholly or
partly, or may modify any decision, determination, or
requirement recommended by the Planning Commission,
and may make such decision or may impose such
conditions as the facts warrant with respect to the appeal
and the decision or determination of the Council shall be
final. Any permit or variance by the Council on appeal
shall be effective immediately. Notice of the Council's
decision shall be mailed to the original applicant, to the
person filing the appeal, and to any other person who has
filed a written request therefor with the City Clerk. (Ord.
1601, Exh. A (part), 1992)
19.136.060 Appeal from actions of
Commissions.
An appeal may be taken to the City Council by any
person, firm or corporation aggrieved or affected by any
final determination or decision of the Planning
Commission under the provisions of this title. An appeal
taken under this section shall be processed by the City
Clerk in the same manner as provided in Section
19.136.020 and 19.136.030 of this chapter. The time for
appeal under this section is fourteen calendar days from
the mailing of the notice of decision of the Planning
Commission. (Ord. 1630, (part), 1993; Ord. 1601, Exh.
A. (part), 1992)
Kimberly Smith
Cupertino City Clerk
(408) 777-3217
kimberlys@cupertino.org
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Friday, May 26, 2006 11:00 AM
To: City Clerk
Cc: Sarah Berry; Colin Jung
Subject: Fw: Appeal
10/11/2006
Page 7 of8
ear Miss Clerk,
lease forward me all the information for an appeal to the
ttached.
I can't find the exact documents in your web page.
ow many days to I have to appeal?
hanks for your prompt attention.
"Make it Happen"
25.698.1590 "No Excuses"
--- Original Message -----
rom: Colin Jung
0: Jim Mattison
ent: Thursday, May 25,20066:06 PM
ubject: RE: Appeal
m:
ere are the denial resolutions for your project. Hard copies
ill follow in the mail.
olin Jung
ity of Cupertino
-----Original Message--.;.--
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Thursday, May 25,20067:03 AM
To: Colin Jung
Cc: Sarah Berry
Subject: Appeal
Colin,
As the appeal period is only 12 days away, please
PDF the findings of the denial to me ASAP.
I will need to get moving on this ASAP.
Thanks,
Jim Mattison
925.698.1590
"Make it Happen"
" No Excuses"
- --- Original Message -----
rom: Colin Jung
0: Jim Mattison
ent: Wednesday, May 24, 2006 11 :09 AM
ubject: RE: Appeal
m:
n appeal of a Planning Commission decision is filed
ith the City Clerk's Office. . You may call them at
08-777-3223 for information. I don't know if they
ave the forms online. The appeal section of the
ning ordinance is section 19.136.010 of the City
unicipal code, which can be found online at:
.cu ertino.or I lannin . Look for the municipal
de weblink. I will enclose a hard copy of the
10/11/2006
Page 8 of8
appeal section in the forthcoming letter of denial of
your project.
Colin Jung
Senior Planner
City of Cupertino
-----Original Message-----
From: Jim Mattison [mailto:jmattison@sbcglobal.net]
Sent: Wednesday, May 24, 2006 7:20 AM
To: Colin Jung
Subject: Appeal
Colin,
Please e-mail me the appeal process and
any application I will need to fill out.
Thanks,
Jim Mattison "Make it Happen"
925.698.1590 " No Excuses"
10/11/2006
Re: AAT/SBA pole on Bubb
Page 2 of2
-
last hearing date. We have had a site visit to review the possibilities of relocation
of the treepole to better integrate with the existing trees as a back drop. We are
also assessing whether or not we can lower the height as well. A landscape plan is
being developed and photosims depicting the design are being prepared. SBA is
working with the SCVWD to clarify the water easement issue. (It would be helpful
to me if you would email a copy of the letter that you received from the Water
District)
As I expressed to you, this site is very important to Cingular's network. In addition
to the coverage maps I provided with my initial application, we will be providing
more evidence of "need of coverage" for the area. Although not a specific party to
the appeal, Cingular is cooperating and assisting SBA with the necessary
information as it relates to our collocation and needs.
Colin, thank you again for your patience and willingness to provide me with the
necessary information to help us move forward with this project. (As you
suggested, we will be calling Chuck Killian this week to discuss best procedure)
Much thanks,
Pamela Nobel
(707) 486-7252
10/11/2006
--
-
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Telephone (408) 777-3308
Fax (408 777-3333
Planning Division
July 25, 2006
Jim Mattison
P.O. Box 298
Byron, CA 94514
RE: Use Permit, file no. U-2006-05, and Height Exception, file no. EXC-2006-03, to
allow the construction of a personal wireless service facility consisting of a 65-foot tall
treepole with four racks of antennas and 'associated ground equipment
Dear Jim:
I have just received this belated response from the Santa Clara V alley Water District
regarding the City's referral of your project plans for Water District comment.
According to the District's letter, you are required to obtain a "District permit" prior to
the start of construction. Second, the Water District states they have two pipes in the
easement and it believes that your proposed improvements are encroaching on its
easement area to a greater extent than shown on your plan set (i.e. the western limit of
the pipeline easement is approximately 7 feet from the west property line.).
The District contact person is on the letter. I suggest you contact her and attempt to
resolve her issues before the appeal hearing. If you have any questions, please call me at
408-777 -3257.
Sincerely, }c
CsJL- ~
Colin Jung a
Senior Planner
1
5750 ALMADEN EXPWY
SAN JOSE, CA 95118-3686
TELEPHONE (4081 265-2600
FACSIMILE (408) 266-0271
www.valleywater.org
AN EQUAL OPPORTUNITY EMPLOYER
July 24, 2006
File: 31085
West Pipeline
Mr. Colin Jung
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Subject:
File No. EXC-2006-03 and U-2006-05 - Installation of Wireless Communication
Facilities
Dear Mr. Jung:
Santa Clara Valley Water District (District) staff has reviewed the site plans for the subject
project received on April 10, 2006. I apologize for the delayed response.
The project consists of installation of proposed wireless communication facilities including
a 65-foot monopole on which numerous antennas are to be mounted and associated
infrastructure such as equipment cabinets and pads within District easement right of way and
adjacent to the District's West Pipeline, Stevens Creek Pipeline, and McClellan Percolation
Ponds; therefore, according to District Ordinance 83-2, a District permit is required prior to the
start of construction.
The District's West Pipeline, a 48-inch welded steel pipe, and Stevens Creek Pipeline, a 30-inch
welded steel pipe are located directly under and immediately adjacent to the proposed
monopole, equipment pads, and fencing. A 15-foot easement (description enclosed)
encompasses the pipes with the western limit approximately 7 feet from the west property line.
The easement has been established to provide District access to the underlying pipe for regular
maintenance and emergency activities. The installation of the proposed facilities would greatly
hinder the District's ability to access our facilities. Please move the obstructions outside the
limits of the District easement right of way.
When prepared, please submit two sets of revised site plans for review and approval prior to the
issuance of a District permit. Please reference District File No. 31085 on any future
correspondence regarding this project. If you have any comments or questions, please call me
at (408) 265-2607, extension 3135.
Sincerely,
endy, ~.
Assis nt Engineer
Community Projects Review Unit
Enclosures: Easement Description
cc: B. Goldie, S. Tippets, D. Hook, J. Christie, G. Nagaoka, U. Chatwani, W. Jones,
E. Hayes, File (2)
eh:fd
0721 d-pl.doc
The mission of the Santa Clara Valley Water District is a healthy, safe and enhanced quality of living in Santa Clara County through watershed ^
stewardship and comprehensive management of water resources in a practical, cost-effective and environmentally sensitive manner. .~
-
CITY OF
CUPEIQ"INO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
June 6, 2006
Union Pacific Railroad
Attn. Jim Mattison
P.O. Box 298
Byron, CA 94514
Re: Consider an appeal of the Planning Commission's decision to deny a Use Permit and
Height Exception for a telecommunication facility consisting of a 65-foot monopole
(treepole) and ground equipment, Application Nos. U-2006-05, EXC-2006-03, Jim
Mattison (Union Pacific Railroad), McClellan Road & railroad tracks, APN 362-01-025.
The appellant is Jim Mattison.
Dear Mr. Mattison:
The above stated item is scheduled for the July 18, 2006 City Council meeting. Council meets at
6:45 p.m., Council Chamber, Community Hall, 10350 Torre Avenue, Cupertino, California.
Interested parties are invited to attend and be heard.
Council will receive written information from staff. Any printed material you would like Council
members to receive prior to the meeting should be submitted to this office no later than Tuesday,
July 11. We will duplicate and deliver it to Council members.
If you have any questions regarding the process, please feel free to call our office at 777-3223.
If you wish to challenge the City Council's action in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City of Cupertino City Hall at, or prior to, the public
hearing.
Sincerely:
~c~(J1-
Grace Schmidt
Deputy City Clerk
Printed on Recycled Paper
---
-
CITY OF
CUPEIQINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
May 25, 2006
Jim Mattison
P.O. Box 298
Byron, Ca. 94514
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2006-05, EXC-
2006-03
This letter confirms the decision of the Planning Commission, given at the
meeting of May 23, 2006, denying a Use Permit to allow the construction of a
multi-user personal wireless service facility consisting of a 65 foot tall tree pole
and ancillary equipment cabinets and a height Exception to allow a 65 foot tree
pole, located in a fenced enclosure 600 feet southerly of McClellan Road along
the Union Pacific Railroad corridor, according to Planning Commission
Resolutions Nos. 6389 and 6390
Please note that an appeal of this decision can be made within 14 calendar days
from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council. A copy of the appeal
form and Municipal Code Section 19.136 regarding the appeal process is also
enclosed.
21:' 0. :
ColinJu-RO
Senior Planner
Enclosures:
Resolutions 6389 & 6390
Appeal Form
CMC section 19.136
Cc: David Burden, Union Pacific Railroad, 1400 Douglas Street MS 0640, Omaha NE 68179
G: \ Planning \ Post Hearing \ Action Letters \ 2006 \ action letter u200605, exc200603.doc
F'n/.jot
-
........
U-2006-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6389 (denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A USE PERMIT TO ALLOW THE CONSTRUCTION OF A MULTI-USER
PERSONAL WIRELESS SERVICE FACILITY CONSISTING OF A 65-FOOT TALL
TREEPOLE AND ANCILLARY EQUIPMENT CABINETS LOCATED IN A FENCED
ENCLOSURE 600 FEET SOUTHERLY OF MCCLELLAN ROAD ALONG THE UNION
PACIFIC RAILROAD CORRIDOR, APN 362-01-025
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 project's treepole is inadequately screened and blended with natural
landscaping in accordance with adopted siting and design guidelines of the Wireless
Facilities Master Plan 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-2006-05
as set forth in the Minutes of the Planning Commission Meeting of May 23, 2006 and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2006-05
Jim Mattison (for AA T Communications Corp.)
Union Pacific Railroad
600 feet southerly of McClellan Road along the Union Pacific Railroad
corridor
--
PASSED AND ADOPTED this 23rd day of May 2006, 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: Chairperson Miller, Chien, Wong
COMMISSIONERS: Saadati
COMMISSIONERS: none
COMMISSIONERS: Giefer
ATTEST:
APPROVED:
I s/Steve Piasecki
Steve Piasecki
Director of Community Development
Is/Marty Miller
Marty Miller, Chair
Cupertino Planning Commission
g:/ planning/ pdreport; res /U-2006-05 denial.doc
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VICINITY MAP
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IIcC1.El.l..AN I AD
SITE DIRECTIONS
TAKE 1-5 NORTH. MERGE ONTO CA-152 WEST TOWARD GILROY/
HOWSTER/SAN JOSE. TURN LEFT ONTO PACHECO PASS HWY
/CA-152. MERGE ONTO US-l01 N TOWARD SAN
JOSE/WATSONVILlE. MERGE ONTO CA-85 N VIA EXIT 377A TOWARD
CUPERTINO/MTN VIEW. TAKE THE STEVENS CREEK BOULEVARD EXIT.
TURN LEFT ONTO STEVENS CREEK BLVD. TURN LEFT ONTO BUBB
RD. TURN LEFT ONTO MCCLELlAN RD. THE SITE IS CURRENTLY
ACCESSED VIA McCLELlAND RD.
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MULTI-USER SITE
(SITE NAME)
CUPERTINO
(FID NUMBER)
TBD
(ZONING DRAWING)
CONSULTANT
CML ENGINEER'
CONTACT: SOHAlL SHAH, P.E. (PROJECT MANAGER)
URS CORPORATION
1615 MURRAY CANYON RD., SUITE 1000
SAN DIEGO, CA 92108
TEL. NO.: (619) 294-9400
FAX NO.: (619) 293-7920
SITE DEVELOPER'
CONTACT: JIM MATTISON
785 ORCHARD DRIVE
FOLSOM, CA 95630
TEL NO.: (925) 698-1590
PROJECT SUMMARY
SITE ADDRESS: McCLELlAN STREET
UNION PACIFIC RAILROAD R/W
CUPERTINO, CA
PROPERTY OWNER: UNION PACIFIC RAILROAD
1400 DOUGLAS STREET,
MAIL STOP 0640,
OMAHA, NE 68179
PRIMARY LEASE TO: AAT COMMUNICATIONS CORP.
SECONDARY LEASE TO: CINGULAR
APPLICANT: AAT COMMUNICATIONS CORP.
ATTN: ALLEN BULlARD
6325 HARRISON DRIVE, SUITE #3
LAS VEGAS, NY 89120
TEL NO. (702) 892-9100 X 225
ASSESSOR',) PARCEL NUMBER: 362-01-025
APPROVAL SIGN OFF
CURRENT ZONING: LIGHT INDUSTRIAL - M1
CURRENT lJSE: RAILROAD RIGHT OF WAY
RF INITIALS:
LEASING INITIALS:
SrIE TECH INITIALS:
AAT IS PROPOSING TO MAINTAIN AN UNMANNED WIRELESS
TELECOMMJNICATlON FACILITY CONSISTING OF A NEW 65'-0' HIGH
MONOPINE WITH (4) FlJTURE EOUIPMENT PADS WITHIN THE 1650
SOFT FENCED LEASE AREA.
THE FACIL,TY WIll ENHANCE THE GENERAL HEALTH, SAFETY AND
WELFARE JF THE CITY BY PROVIDING MORE RELIABLE COMMUNICATION
AT THIS L.JCATlON.
PROPOSEn USE:
ZONING INITIALS
DllTE
DllTE
CONSTRUcnON INITIALS
DllTE
DllTE
lANDLORD INITIALS
DllTE
DllTE
RAILROAD RIGHT OF WAY /
TELECOMMUNICATIONS FACILITY
PROJECT DESCRIPTION
REC-ETVED
MAR 2 9 2006
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TITLE SHEET AND PROJECT INFORMATION
SITE SURVEY
SITE PlAN
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TITLE SHEET
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INFORMATION
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10-19-2005
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AS NOm>
REFERENCE
SURVEYOR'S CERTIFICATE
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RElXlAD or SURVEY BOOK 32lI PAGE 34
SITE BENCH MARK
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SOUlHWEST CORNER or lEASE N'IEA AS SHOItl HEREC>>L
ElLVAllON: 331.40 FEET A.M.s.t..
BASIS OF BEARING
1HE IIEIlIlWl FIll M1 __ SHOlIlIlElEllllIS lIE CIIl1EIl.INE CF .. IllWl. ICIlOIIl
AS IEIIlIl " III1IJfr1I' t AS SHOlIl RmIllD llJM'( BOll( _ PME !4 CF SIIM'/S II lIE
IIlXIIlEIl'S CFFICE CF SMlTA QMA CllUNlY. ~
COMPOUND DETAIL
LEASE PREMISES DESCRIPTION
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DoloresAv - - -- - -- - - =-. I
MILLMAN SURVEYING, INC.
CORPORATE HEADQUARTERS
1742 Georgetown Rood, Suite H
Hudson, Ohio 44235
(800) 520-1010
www.surveyingamerico.com
MSI JOB No. 7347
VICINITY "'AP
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EXISTING
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PROPOSED ~ I
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PROPOSED HOFFMAN
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FACILITY LAYOUT
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CUPERTINO, CA
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16
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58-00111003.01
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1S NOTBl
SCALE NOTE:
II' lltMENSIONS SHOWN ON PV.N
DO NOT SCALE CORRECTLY, CHECK
FOR REDUCTION OR ENLARGEIotENT
FROM ORIGINAl. PV.NS.
TOP 01' MONOPlNE
ELEV. 6!\' -0"
$ CENTER 01' ANTENNAS
ELEV. 63'-0"
$ CENTER 01' ANTENNAS
ELEV. 53'-0"
CENTER 01' ANTENNAS
ELEV. 43'-0"
CENTER 01' ANTENNAS
ELEV. 33'-0"
Il
FUTURE PANEl
ANTENNAS
BY OTHERS
PROPOSED MT 65'-0"
HIGH MONOPlNE
(DESIGN BY OTHERS)
PROPOSED 8'-0" HIGH
CHAlNUNK FENCE
(TYP-ALL AROUND)
_lel_le,.,._'___
1-1-
$ GROUND LEVEL
ELEV. 0'-0" (330'-0" AIotSL)
GRAPHIC SCALE
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(SCALE: ," - 8'-Oj
EAST ELEVATION
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FUTURE PANEL
ANTENNAS
BY OTHERS
PROPOSED MT 65'-0"
HIGH MONOPlNE
(DESIGN BY OTHERS)
PROPOSED 8'-0" HIGH
CHAlNUNK FENCE
(TYP-ALL AROUND)
PROPOSED 12'-0" WIDE
DOUBLE LEAf"
ACCESS GATE
TOP 01' MONOPlNE
~ ELEV. 6!\'-O" f
CENTER 01' ANTENNAS ~
ELEV. 63'-0'
NORTH ELEVATION
SCALE: l' = 8'-0'
CENTER 01' ANTENNAS ~
ELEV. 53'-0"
CENTER 01' ANTENNAS
ELEV. 43'-0'
CENTER 01' ANTENNAS
ELEV. 33'-0"
PROPOSED PAD-llOUNTED
!lOClA METER PEDESTAl.
WITH (4)-2000\ SINGLE
PHASE 8REAKERS.
PROPOSED HOFFIIAN
TELCO ENCLOSURE
ON "H" FRAlotE
GROUND LEVEL $
ELEV. 0'-0" (330'-0' .....SL)
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ELEVATIONS
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58-00111003.01
-...
R.GAIlRIEI.
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- A-2
10-19-2005
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