prior approval DIR-2013-28.pdfCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Gary Chao, Assistant Director of Community Development (-'-z�--
Prepared
by: Colin Jung, Associate Planner, Planning Division
Date: June 18, 2014
Subject: Director's Minor Modification (DIR-2013-28) to improve the appearance and
provide for the continued operation of a personal wireless service facility (tree pole)
and associated equipment located at 10121 Miller Avenue.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision
to the City Council and Planning Commission in time to allow an appeal
of the decision within fourteen calendar days.
DISCUSSION
Proposed Modifications
The applicant, Ginbar Ketema representing T-Mobile/Crown Castle, proposes to renew
a previous approval of a personal wireless service facility and enhance its appearance
by installing new leaf socks (over existing panel antennas), replacing the branches with
more realistically colored needles, and filling in the gap on the lower two rows of
branches to more seamlessly integrate these branches into the base of the tree. No new
panel antennas or changes to the associated equipment are proposed.
Project Data
1012-1 Miller Avenue
General Plan Designation
Commercial / Office / Residential
Zoning Designation
[P (CG, Res)] Planned General Commercial / Residential
Design Guidelines
N/A
Lot Size
34,412 sq. ft. (0.79 acre)
Existing use
Office Building & Personal Wireless Service Facflity
Project Consistency With:
General Plan
Yes
Zoning
Yes
Legal Non-Conformin (Less than 75' Setback to Residentially Zoned Properties)
DIR-2013-28 10121 Miller Avenue 2
Environmental Assessment I Categorically Exempt (Section 15301
Location
The subject project site is located at 10121 Miller Avenue, bounded by Richwood Drive
to the north, Miller Avenue to the east, and residential uses to the south and west.
Background
The prior application, DIR-2002-04, had granted the facility approval for five (5) years
and expired February 24, 2008. As a condition of approval, the facility could be renewed
pending a review of the technology to determine if the visual impact of the equipment
could be further minimized.
Pursuant to this condition, staff conducted a site visit and determined that the visual
impact of the equipment could be further minimized by installation of needle socks that
fully wrap the antennas (the existing condition only covers the face), replacing the
needled branches with ones that are more realistically colored, and by more seamlessly
integrating the lower two rows of branches with the base of the tree. Furthermore, as
conditioned, exposed electrical wires and units installed on the tree that are not covered
in needle socks, are to be painted green to match the foliage of the treepole.
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DIR-2013-28 10121 Miller Avenue 2
Exhibit 1: Existing Leaf Socks
Exhibit 2: Existing Branch Gaps at Base
Equipment
The existing equipment is comprised of one 55' tall monopine with six T -Mobile panel
antennas, one (1) doghouse (cable covering structure located at the base of the tree),
three (3) BTS Cabinets, one (1) coax transition box, one (1) GPS unit, and associated
utility frame/equipment.
Visibility
The existing stealth, personal wireless service facility is located in the rear parking lot of
an existing office complex and designed to mimic a coastal redwood tree with a
textured trunk and realistic limbs/needles. The base of the tree is screened by vegetation
on all sides, except a small gap on the south side for equipment access. The proposed
improvements to the leaf socks, needle color change, and base branches of the tree pole
are anticipated to further minimize the visibility of the facility.
The cabinets, boxes and utility equipment are placed at the rear and sides of an existing
masonry trash enclosure located at the southwest corner of the parking lot. The
equipment is out of sight and is sufficiently screened by existing trees and vegetation.
ACTION
In accordance with Cupertino Municipal Code Section 19.164, the Director of
Community Development deems the modification minor and approves the
modification described in the plan set titled: "827839 Crown Castle Monopine"
prepared by JG of V -One Design Group, and consisting of three (3) sheets labeled T-1,
A-1 and A-2 last revised 08/26/13 and stamped as received 5/02/2014, except as may be
modified by the conditions enumerated below.
1) BUILDING PERMIT REQUIRED
This approval does not constitute building permit approval; a separate building
permit is required.
DIR-2013-28 10121 Miller Avenue 2
2) CONSTRUCTION PLAN SET REVISIONS
Prior to issuance of building permits, the construction plan shall include the
following details:
a. Sheet T-1— The project description shall be revised to reflect the true scope
of work, including the addition of new leaf socks, replacement of needled
branches, repair to the first two rows of branches, and painting exposed
electrical wires and equipment to match the foliage of the tree pole.
3) ACCURACY OF THE PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and require additional review.
4) CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements.
Any misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
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 90 -day period
complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
6) RADIO FREQUENCY ENERGY EXPOSURE
The independent and cumulative emissions for the proposed facilities shall meet
Federal Communications Commission regulations and guidelines to prevent
public exposures to radio frequency energy emissions that are in excess of
federal safety standards. Any cautionary signage should be in multiple
languages, including English and Spanish.
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DIR-2013-28 10121 Miller Avenue 2
7) ABANDONMENT
In the event the antennas, associated equipment, or any portion of the facility
thereof, are left unused for a period of 18 months the property owner or
applicant shall bear the entire cost to remove the subject equipment and to
restore the site to its previous condition.
8) MAINTENANCE
The applicant shall maintain the facility to retain the natural appearance of the
tree pole.
9) COLLOCATION REQUIRED
The applicant shall design the facility to allow collocation of additional future
antennas from other wireless service providers. The applicant shall allow on its
mast any extension, the collocation of other antennas and related facilities where
technically feasible and where visual intrusiveness is reduced in comparison to
other siting alternatives. The collocation agreement shall be at market rates with
reasonable compensation to the mast owner. Any future collocating antennas
shall be subject to a separate permit approval.
10) PERMIT EXPIRATION
In accordance with state law, this permit is granted for a period of ten (10) years,
expiring on February 24, 2018. Prior to the permit expiration, the applicant may
apply for a renewal of the permit, at which time the Community Development
Director may review the state of wireless communication technologies to
determine if the aerial facility can be reduced in height, size, or utilize better
camouflage techniques.
This approval is effective June 18, 2014. The fourteen calendar day appeal period will
expire on July 3, 2014.
Attachments:
A: Plan Set
B: RF Emissions Compliance Keport preparect by sitesate anci ciatecL illlzui,5
Referenced attachments that may not be included with this mailed report are available
in the Planning Department located at City Hall and may also be viewed at the
City's website at wwwxupertino.org. Select the link to "Public Records" at the top bar,
then "Planning Department" folder, then "DIR Approvals" folder, then "2013" folder.
Select file number DIR-2013-28.
G: Planning/PDREPORT/DIRreports/2013/DIR-2013-28.doc
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