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
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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
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