ASA-2014-10b � �
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C U P E RT I N CI 'TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
To: Planning Department �
From: Kirsten Squarcia �
Re: Subject: Consideration of Lease with Verizon Wireless for a cell tower to be located on
the Civic Center Property (10300 Torre Avenue) and conduct a public hearing on an
appeal of the Planning Commission's decision to provide Verizon with a development
permit, site approval, and height exception for the Civic Center cell tower and any
actions necessary for CEQA. A. Proposed Lease with Verizon Wireless for a cell tower
to be located on the Civic Center Property (Torre Avenue), subject to the terms of any
City-issued permits; and B. Appeal of the Planning Commission's approval of an
Architectural and Site application for a personal wireless service facility consisting of
6 panel antennas mounted on a tree pole designed for collocation and an enclosed
base equipment station and emergency power generator; a Development Permit to
allow a personal wireless service facility consisting of 6 panel antennas mounted on
an 80-foot tall tree pole designed for collocation and an enclosed base equipment
station and emergency power generator; and a Height Exception to allow 6 panel
antennas to be mounted at a height of 66 feet on an 80-foot tall tree pole, where 55 feet
is allowed for a wireless communications facility at Cupertino Cit�HaII (Applicant(s):
Jenny Blocker (Verizon); Appellant: Lei Wang; Location: 10300 Torre Ave.; APN #369-
31-033)
Date: October 13, 2015
At its October 6, 2015 meeting, the Cupertino City Council took the following action:
DID NOT ADOPT RESOLUTION N0. 15-086 TO DENY THE APPEAL AND UPHOLD
THE PLANNING COMMISSION'S DECISION PER RESOLUTIONS #6786, #6787
AND #6788 (SINKS AND WONG VOTING YES, PAUL VOTING NO, CHANG
ABSENT, AND VAIDHYANATHAN RECUSING). (AS A RESULT OF THE MOTION
FAILING,THE PLANNING COMMISSION DECISION WAS UPHELD).
,—`.-,
. '� 1
Page 2
CONTINUED NEGOTIATION AND EXECUTION OF A LEASE AGREEMENT WITH
VERIZON FOR CELLULAR WIRELESS SERVICE AT THE CIVIC CENTER WITH
THE FOLLOWING DIRECTION TO STAFF AND 'THE APPLICANT (CHANG
ABSENT AND VAIDHYANATHAN IZECUSING):
• ALLOW THE APPLICANT TO RUN TESTS AT A POLE HEIGHT OF 55 FEET
AND UP TO 65 FEET IN ORDER TO DET�RMINE THE MINIMUM HEIGHT
REQUIREMENT FOR THE ANTENNA ARRAY
• CONTACT AT&T TO SEE IF THEY CONTINUE TO BE INTERESTED AND
GET THEIR INPUT ON THE TWO POTENTIAL SOLUTIONS: (1) LOCATE
THE ANTENNA ARRAY ABOVE THAT OF VERIZON ON THE PROPOSED
TREE POLE; OR (2) BUILD ANOTHER TREE POLE IN T�iE SAME AREA AT
THE MINIMUM HEIGHT REQUIRED.
• BRING BACK THE FOLLOWING OPTIONS FOR REVIEW: (1) CONSTRUCT
THE POLE FOR VERIZON AT THE MINIMUM HEIGHT REQUIRED WITH
THE OPTION TO EXTEND �THE HEIGHT FOR ANOTHER PROVIDER; OR (2)
BUILD ANOTHER TREE POLE FOR THE SECONI� PROVIDER AT THE
MINIMUM HEIGHT REQUIRED.
i l�/_ a� `.I��� ]
City of Cupertino
� 10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C U P E RT 1 t�1�J► FAX (408) 777-3333
. Community Development Department
August 26, 2015 �
Complete Wireless
Attn:Jenny Blocker
� 2009 V Street �
Sacramento, Ca. 95818
SUBJECT: PLANNING COMMISSION ACTION LETTER—ASA-201410,DP-2014-07,EXC-2014-12
This letter confirms the decision of the Planning Commission, given at the meeting of August 25; 2015,
approving a Architectural and Site Approval for the design of a personal wireless service facility
consisting of 6 panel antennas mounted on a tree pole designed for collocation and an enclosed base
equipment station and emergency power generator; Development Permit to allow a personal wireless
service facility consisting of 6 panel antennas mounted on an 80-foot tall tree pole designed for
collocation and an enclosed base equipment station and emergency power generator and a ; Height
Exception to allow six panel antennas to be mounted at a height of 66 feet on an 80-foot tall tree pole,
where 55 feet is allowed for a wireless communications facility at Cupertino City Hall, located at 10300
Torre Avenue, according to Plannulg Cominission Resolution No.(s) 6786, 6787 and 6788.
Please be aware that if this Permit is not used wifihin a ten-year period, it shall expire on August 25,
2025. �
Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
the decision. If this happens, you will be notified of a public hearing, which will be scheduled before
the City Council.
Sincerely, �
,.� "
� �-
Colin Jung
Associate Planner
Planning Department
Enclosures:Resolution 6786, 6787 and 6788
Cc: Verizon Wireless,2785 Mitchell Dr,Walnut Creek,Ca 94598 �
� '�
�� � ' ��� ASA-2014-10
: ___ � __
CITY OF�CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6786
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL FOR A NEW PERSONAL WIRELESS SERVICE
FACILITY CONSISTING OF SIX PANEL ANTENNAS MOUNTED ON A COLLOCATABLE,
80-FOOT TALL TREEPOLE AND AN ASSOCIATED EQUIPMENT ENCLOSURE AT
CIVIC CENTER, 10300 TORRE AVENUE
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2014-10
Applicant: Jenny Blocker (for Verizon Wireless)
Property Owner: City of Cupertino
Location: 10300 Torre Avenue
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received ari 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 Commission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met fihe burden of proof required to support said application; and
WHEREAS,the Planning Coinmission 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) Abrupt changes in scale have been minimized. The new treepole has been sited in an area with
existing tall trees.
b) Design harmony between the new treepole and existing trees has been preserved and the
materials, textures and colors of the new treepole harmonize with adjacent landscaping and
preserve t he 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.
Resolution No. 6786 � ASA-2014-10 August 25,2015
' Page 2
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.
� c) 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.
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-2014-10 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-2014-10 as set forth in the
Minutes of Planning Commission Meeting of August 25, 2015 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 Exhibits titled: "Verizon Wireless/DEANZA STEVENS CREEK/ 10800 TORRE
AVENUE/CUPERTINO, CA 95014/ APN: 369-31-033/ LOCATION #: 249535" prepared by MST
ARCHITECTS dated 05/26/15 and consisting of ten sheets labeled T1.1, C-1, C-2, A1.1, A2.1, A2.2,
A3.1,A3.2,A3.3, L1.1, except as may be amended by the conditions contained in this resolution.
2. 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.
3. COLOCATION OF ANTENNAE �
The treepole shall be structurally designed to accommodate the collocation of additional antennae
from other,wireless carriers. The co-location agreement shall be at market rates with reasonable
compensation to the mast owner.
4. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous period of 18
months, said aerial and associated facilities shall be removed. The applicant shall bear the entire cost
of demolition and removal.
5. EXPIRATION DATE
This architectural and site approval shall expire ten (10) years after the effective date of the approval.
The applicant may apply for a renewal of the approval at which time the Planning Commission may
Resolution No. 6786 � \�'� ASA-2014-10 ��, August 25,2015
' Page 3 ; -
review the state of wireless communication technologies, camouflage techniques and maintenance to
determine if the visual unpact of the aerial facility can be reduced.
6. TREE POLE APPEARANCE AND MAINTENANCE
The applicant shall construct a eucalyptus style treepole to raise the height of the antennas and shall
meet the following design criteria:
a) Use a sufficient number of artificial branches to obscure the appearance of the panel antennas and
any associated mounting framework.
b) Panel antennas mounted away from the mast shall be covered in leaf socks to blend with the green
foliage of the artificial branches.
c) The mast shall be wrapped with a faux bark and any antenna mounted close to the mast shall be
painted brown to mimic a.tree trunk.
d) The foliage shall have a mottled green 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.
7. EQUII'MENT ENCLOSURE
The base equipment enclosure shall be constructed of high quality materials and/or be screened by
appropriate landscaping as determined by the City Council. The final enclosure design shall be
reviewed and approved by the Director of Community Development prior to issuance of building
permits. �
8. TREE REMOVAL �
The applicant shall apply to the City Streets and Trees Supervisor for permission to remove any Park
trees associated with the construction of this wireless facility.
9. ACOUSTICAL ENCLOSURE FOR EMERGENCY POWER GENERATOR
To meet City Noise standards, the power generator shall be enclosed with a Level 2 Acoustic
Enclosure. The addition of the acoustic enclosure shall be noted on the building plans.
10. SETBACK OF ENCLOSURE FENCING FROM TRASH ENCLOSURE &PARKING LOT CURBING
At the building permit stage, the applicant shall provide revised drawings of the equipment enclosure
demonstrating a minimum 2-foot setback of the enclosure fencing from the parking lot curbing and a
minimum 3-foot setback of the enclosure fencing from the trash enclosure fencing.
11. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2014-07 and EXC-2014-12 shall be applicable to
this approval.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT DEPT.
12. WIRE CLEARANCE EASEMENT
Prior to building permit approval, Applicant shall coordinate with Public Works staff to vacate or
otherwise address the wire clearance easement that affects the project.
Resolution No. 6786 ,�`i ASA-2014-10 f�, August 25,2015
,
' Page 4 � � � - �
13. LANDSCAPING AND IRRIGATION APPROVAL
Prior to building permit approval, Applicant shall coordinate with Public Works staff to obtain City
approval for new/replacement landscaping and irrigation for the project. -
14. CONSTRUCTION STAGING PLAN
Prior to building permit approval, Applicant shall provide a construction management plan that
identifies the timing/duration of construction activities, and constxuction staging and temporary
construction improvement locations that shall be reviewed and approved by the Director of Public
Works.
PASSED AND ADOPTED this 25� day of August, 2015, 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 Takahashi, Gong, Sun,Paulsen
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
/s/Gary Chao /s/Wirinie Lee
Gary Chao Winnie Lee
Asst. Community Development Director Chair,Planning Commission
G:Planning/PDREPORT/RES/2014/ASA-2014-10 res.doc
(� Santa Clara Cr�,�i �lerk-Recorder's Office
��-�' State of California.
County of�:��ta Clara G�UNTy
Office of the�County Clerk-Recorder ,�'r��������i°
Documenf No.:
Business Division � � \ '� Number oi Pages: �g563
Count Government Center �.y �\�.�� Filed and Posted On: g/31�2Q15
y TA c� �� ii�������� Through:
70 West Hedding Street, E.Wing, 1g` Floor CRO Order Number: �/30/2015
San Jose,California 95110 (408)299-5688 Fee Total: O.OQ
REGfNA ALCOMENDRAS, County Clerk-Recorder
CEQA DOCUMENT DECLARATION bv Veronica Aguirre, Deputy Clerk-Recorder,
ENVIRONMENTAL FILING FEE RECEIPT. -- _
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City of Cupertino
2. PROJECT TITLE: ASA-2014-1 O
3. APPLICANT NAME: Jenny Blocker(Verizon) PHONE: 408-777-3308
4. APPLICANT ADDRESS: 10300 Torre Ave Cupertino, Ca. 95014
5. PROJECT APPLICANT IS A: ❑Local Public Agency ❑School District ❑Other Special District ❑State Agency 0 Private Entity
6. NOTICE TO BE POSTED FOR 30 DAYS.
7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a.PROJECTS THAT ARE SUBJECT TO DFG FEES
❑ 1.ENVIRO NMENTAL IMPACT REPORT(PUBLIC RESOURCES CODE§21152) $ 3,069.75 $ 0.00
❑ 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE§21080(C) $ 2,210.00 $ 0.00
❑ 3. APPLICATION FEE WATER DIVERSION�sTnre wnTeR RESOURCES CONTROL BOARD ONLI� $ 850.00 $ 0.00
❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,043.75 $ 0.00
❑ 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 0.00
Fish&Game Code§711.4(e)
b. PROJECTS THAT ARE EXEMPT FROM DFG FEES
❑x 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00
❑ 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM"FROM THE
DEPARTMENT OF FISH&GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE*SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00
c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE $ NO FEE
8. OTHER: FEE(IF APPLICABLE): $
9. TOTAL RECEIVED........................................................................................................................................................ $ 50.00
*NOTE:"SAME PROJECT'MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT
DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE(INCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNATURE)AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO
YOU AT THE TIME OF FILING.)
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
...NO PROJECT SNALL BE OPERATIVE, VESTED, OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish&Game Code§711.4(c)(3)
(Fees Effective 01-01-2015)
�;. � g)3112�15
COMMUNITY DEVELOPMENT DEPARTMENT F��e#: 19563
,
CITY HALL
10300 TORRE AVENUE•CUPERTINO,CA 95014-3255
(408)777-3308•FAX(408)777-3333
CUPERTItdO
Notice of Exemption
To: County Clerk-Recorder
70 W. I�edding Street, lst Floor
East Wing—Business Division
San Jose, CA 95110
Project Title: ASA-2014-10
Project Location - (be specific): 10300 Torre Ave
Project Location - (City):Cupertino Project I,ocation- (County): Santa Clara
Description of Project: Architectural and Site A�proval for the desi�n of a�ersonal wireless
service facility consistin�of 6 panel antennas mounted on a tree pole desi�ned for collocation
and an enclosed base ec�uipment station and emer�ency�ower�enerator
Name of Public Agency approving project: City of Cupertino
Name of Person or Agency carrying out project: Jenny Blocker (Verizon)
Exempt Status: (check one)
_Ministerial (Sec. 21080(b)(1); 15268);
_Declared Emergency (Sec. 21080(b)(3); 15269(a));
_Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type and section number: 15303
_Statutory Exemption. State code number:
Reasons why project is exempt: conversion of small structures
Lead Agency
Contact Person: Colin Jun� Area code/telephone number�408) 777-4843
Signature: � ,,,,� � Date: � � T'itle: Associate Planner
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