Loading...
U-1976-04 (Mod)bCity Of Cuperti"O 1,11w Torte A-.Ue L uprnino, CA 95014.3255 I.•Ir•ph—e 1408- 251,4505 14081 252•0753 UEPART%1ENT OF THE CITY CLERK October 6, 1993 Mike Mangiantini Bay Area Cellular Telephone Company 1999 S. Bascom Avenue, Suite 700 Campbell, California 95008 CITY COUNCIL ACTION - APPLICATION NO. 4-U-76 (MODIFICATION) - BAY AREA CELLULAR TELEPHONE CO. (RUSSELL & DOROTHY BILINSKQ - MODIFICATION TO THE SITE DEVELOPMENT PLAN TO INCREASE THE MAXIMUM HEIGHT TO CONSTRUCT A 60 FT. CELLULAR TELEPHONE ANTENNA; PROJECT IS LOCATED AT 10655 MARY AVENUE At their rcgular meeting of October 4, 1993, the Cupertino City Council approved the modification of your use permit per Planning Commission Resolution No, 4474 modified with the following conditions: 1. Aouroved Exhibits The approval is based on Exhibits A.1 and A.2 dated September 16, 1993, except as may be amended by the conditions contained in this resolution. )min The antenna shall be enclosed with a fence and locked gate to prohibit unauthorized access and safety of residents. Bay Area Cellular Telephone Co. October 4, 1993 Page 2 3. kniLmiudLm Any changes to the cell site that would increase the number of transmitters, increase broadcast power or change the number or orientation of the tnuismitting antennas will be considered a modification to the Use Permit and must be reviewed first by staff who will make a determination of significance. If the changes are significant, the modification will be forwarded to the Planning Commission for final decision. 4. Faaements The applicant shall provide proof that all structures are placed outside of the existing easements or provide a release from said easement holders. This proof shall be provided prior to the issuance of the building permit. S. F.aposure Standards A consultant acceptable to Planning staff, in consultation with the Public Utility 1 Commission shall submit data, within 30 days of beginning operation, that the 1992 American National Standards Institute exposure limits are not exceeded. i "` L-1 � rr. �...�:. CG -4 F ci�_c� � L� n ti •, j — o-(met-� c� . The landscaping condition in the original resolution has been waived. If you have any questions regarding this action, please contact the Department of Community Development staff members for clarification. Sincerely, KIM MARIE SMITH CITY CLERK KS/cs cc: Department of Community Development Department of Public Works Russell & Dorothy Bilinski Loc N Store c/o Bonnie Severietti Attn: Verle Carter 9 Canyon Road 10655 Mary Ave. Berkeley, CA 94704 Cupertino, CA 95014 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, CA 95014 (408) 777-33418 TO: Mayor and City Council Members Chairman and Planning Commissioners FROM: Robert S. Cowan, Director �2SL DATE: October 18, 1994 SUBJ: MINOR MODIFICATION Chapter 19.132 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 any Councilmember or Planning Commissioner to appeal the decision within fourteen calendar days. Application Application 4-U-76; 10655 Mary Avenue Bay Area Cellular/Lock and Storage Descri tp ion In September, 1993, Cellular One was granted approval to install a cellular antenna at the above referenced site. Cellular One is now requesting approval to add additional radio channels to each of the existing three "sectors". Sectors A and B both have twelve existing radio channels with Sector C has eight. Cellular One is proposing to increase the number of channels to thirty per sector. These additional channels would be installed within the interior of the on -site buildings and there will be no physical changes to the approved antenna. The conditions of Planning Commission Resolution No. 4474 requires consistency with the American National Standards Institute (ANSI) Exposure limits for radio frequency fields. The applicant has submitted an addendum to their 1993 report by the same consulting engineers who did the original exposure analysis. The addendum report (enclosed), states that the increases in the number of radio channels does not increase power being projected by the site and only slightly increases the radio frequency fields by less than 1/3 of 19'o. Overall, the level of radio frequency fields from the site, after installation, is well below the most restrictive limit and in a worse case 0.92% of the most restrictive limit as identified by the ANSI. Action The Director of Community Development deems the application minor and approves the change. The approval is effective October 18, 1994. The fourteen calendar day appeal period will expire on November 1, 1994. Enclosures: Planning Commission Resolution 114474 Cellular One letter dated September 29, 1994 Hammett and Edison letter dated September 14, 1994 g/pdreportshnm 1014 4-U-76 Modification CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4474 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO THE DEVELOPMENT PLAN, REGARDING MAXIMUM HEIGHT, IN A QUASI -PUBLIC ZONE SECTION 1: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an modification to the Development Plan, as described on Page 1 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 the application, and has satisfied the following requirements: 1) Granting the Modification will not result in a condition which is materially detrimental to the public health, safety or welfare. NOW, THEREFORE BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for Modification is hereby approved; and BE IF FURTHER RESOLVED: That the sub conclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Record concerning Application 4-U-76 Modification , as set forth in the Minutes of the Planning Commission Meeting of September 27, 1993 and are incorporated by reference as though fully set forth herein. SECTION If: PROJECT DESCRIPTION Application No(s): 4-U-76 Modification Applicant: Bay Area Cellular Telephone Company Property Owner: Russell & Dorothy Bilinski Project Location: 10655 Mary Avenue SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. 1. Approved Exhibits: The approval is based on Exhibits A.1 and A.2 dated September 16, 1993, except as may be amended by the Conditions contained in this Resolution. 2. Fencing: The antenna shall be enclosed with a fence and locked gate to prohibit unauthorized access and safety of residents. 3. Use Limitations: Any changes to the cell site that would increase the number of transmitters, increase broadcast power or change the number or orientation of the transmitting antennas will be considered a modification to the Use Permit and must be reviewed first by staff who will make a determination of significance. If the changes are significant, the modification will be forwarded to the Planning Commission for final decision. Resolution No. 4474 (4•U-76 Modification) September 27, 1993 Page -2. 4. I.andscapine7 The applicant shall submit a comprehensive landscape and irrigation plan for the area adjacent and to the cast of the antenna. The landscaping shall be comprised of large sized (minimum 25 gallon), fast growing trees and the species shall be consistent with the \eriscape Ordinance. The landscaping shall be well maintained. 5. Easements: The applicant shall provide proof that all structures arc placed outside of the existing easements or provide a release from said casement holders. This proof shall be provided prior to the issuance of the building permit. 6. Exposure Standards: A consultant, acceptable to Planning staff, in consultation with the Public Utility Commission shall submit data, within 30 days of beginning operation, that the 1992 American National Standards Institute exposure limits are not exceeded. PASSED AND ADOPTED this 27th day of September, 1993 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Bautista, Doyle, Mahoney, Roberts and Chairwoman Austin NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED /s/ Robert Cowan /s/ Donna Austin Robert Cowan Donna Austin, Chairwoman Community Development Director Cupertino Planning Commission g:`m 1paesw/lexc93s Altermiivt Icy sr....µ ure xLrur•1 . N WW4 IlPLAf. l Teo A.2 ✓�R.rL:PS ^ TE) r•. k.•or. u.•o: .. r •• • Ar11lW�Irt N�1 y •r.N 1-4- ��. • w 1 r�•u� 1 Jn ��Iir�..n ........ w....n n•sr� •rlrYs NW vr•+i'ow•u r..al t.ocalijonn ri J J vl g N 3 ; �r vi[i�l .yP 11—A-1 I " APPROVED J'ti"CCUNCIL Signed Date S i M'I C- Date Al --,CH C,. Sj-io Co:;', L Signed Date PIC RUSOLU-il."i E0. 41q'74 C -7 DATE: L3-- r ppmf,r.hR mpo"Twt4.4" e AREA PI -AN W n4 F-LE\1,&Tv4 v_I&V�4EPS LLJ+'I. L .Nrw.a,...I.Lnea.i ALN -n�• jµTF(OLA. • UWI4JaH GLT _ I1WML (.{T c �4 Tj 7LZ.�Yi ►NIINW wffDc(HN � �_ F+FIIFfct 1� • c PLL4AS4 oEw)(�e ✓--^ �AE„A�fInA NWi 1EE) ai.ac' luo• G! I //tO .I E4VIf LH _ —_ —_- ��Ma'o�a µ.rout (uaw.J 3 l•IFFTI'.Lf�PiIci: Lr_ 4*4ELG rood + EOUPMENT SCHEDULE . O RA&O CABINETS MCI iL1(�Ll• toll EIjF/NLACL O ETLLCA&NETS (NLC) Oi N.p.c. RACF.9 put) . ii PECTV+ER9 (Nl W O SATTEPoES (NI.G) bl 91A6 GFNLNLLr( -yNG i OREMOTE AIAiW PANELS OIuICN PANEL \ Ia \ \ - GI OP fINO 1 �— LU, pQ1+aII (o)aLL l°0F ' "P _ r L � 5 .OTE WNFACF PANEL ' i_ .(il raxsa•x Yr PLr vo.TEµ.urANEI. e' I 4 sum moom �SAAC •;w LL 4 UUyo S?WOEARNESTOR roFCLI EM.it — OISTR&UOON PANEL Iz IMLCN sOmy Burg (N.IC.) m. — ------ •\ — ,l TRANSFER SMeTCI FFR.LYII REG I pOL04Y.L" \\ 9 \ C \ L ILj ew L wLNq Akan fit n \� 18✓t�F(Ll . �a� � mlltnI - aW,-EAf16N YA.Ba... APPROVED O NCIL SIgne Date �� 3 Signet Date a% 13 ARCH. ci__ L Signed Date [nV!oor-; MAP I VICOT'( HAP I i �"'�� ``ter. `e"'-- ",:.'s:. '_.�,V • ��� APPROVED cir Signed L�4 3 `i w✓ �;-,� =(i t�i `,�' Li FLAi•l:vli• C'� 1:1 '- .i�SION •. �•::r \ '��.�` L�l Li u.r M � N�.••V L Signed C Date ARC!IN& SiiL: CONTROL Signed w•r::a� � � 3 W i Date w \.�. .... t•1 3 f � t �) , � �� L�� I I U .. y w it tF X' arc r=c!-'_:,: .���1�______ �\ u Ii DATE: I.�.. �i\ FREG P✓aN W TI '�w,iow 23,cEK 1 • _ APPHOVED Pic PC Chi"i U C1L Cl 13 FL.. ' 1�; ;ION , —Z Date _ r a: i U -' 4-U-76 Modification CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO THE DEVELOPMENT PLAN, REGARDING MAXIMUM HEIGHT, IN A QUASI -PUBLIC ZONE SECTION 1: FINDINGS WHEREAS, the Planning Commission of the cav of Cupertino received an application for an modification to the Development Plan, as described on Page 1 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 the application, and has satisfied the following requirements: 1) Granting the Modification will not result in a condition which is materially detrimental to the public health, safety or welfare. NOW, THEREFORE BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for Modification is hereby approved; and BE IF FURTHER RESOLVED: That the sub conclusions upon which the findings and conditions specified in this Resolution are based arc contained in the Public Record concerning Application 4-U-76 Modification , as set forth in the Minutes of the Planning Commission Meeting of September 27, 1993 and arc incorporated by reference as though fully set forth herein. SECTIONII: PROJECT DESCRIPTION Application No(s): 4-U-76 Modification Applicant: Bay Area Cellular Telephone Company Property Owner: Russell & Dorothy Bilinski Project Location: 10655 Mary Avenue SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1 Approved Exhibits: The approval is based on Exhibits A.I and A.2 dated August 25, 1993, except as may be amended by the Conditions contained in this Resolution. 2. Fcncin : The antenna shall be enclosed with a fence and locked gate to prohibit unauthorized access and safety of residents. Resolution No. (4-U-76 Modification) September 27, 1993 Page -2- 3. Us-Q-1iniilations: Any changes to the cell site that would increase the number of transmitters, increase broadcast power or change the number or orientation of the transmitting antennas will be considered a modification to the Use Permit and must be reviewed first by staff who will make a determination of significance. If the changes arc significant, the modification will be forwarded to the Planning Commission for final decision. 4. Landscaping- The applicant shall submit a comprehensive landscape and irrigation plan for the area adjacent and to the cast of the antenna. The landscaping shall be comprised of large sized (minimum 25 gallon), fast growing trees and the species shall be consistent with the Xcriscapc Ordinance. The landscaping shall be well maintained. 5. Easements: The applicant shall provide proof that all structures arc placed outside of the existing casements or provide a release from said casement holders. This proof shall be provided prior to the issuance of the building permit. • 6. Exposure Standards: A consultant, acceptable to both the Public Utilities Commission and Planning staff shall submit data, within 30 days of beginning operation, that the 1992 American National Standards Institute exposure limits arc not exceeded. PASSED AND ADOPTED this 27th day of September, 1993 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED Robert Cowan Donna Austin, Chairwoman Community Development Director Cupertino Planning Commission g:',n *resos/lc=93