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PC Summary 07-12-04 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: July 15, 2004 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE July 12, 2004 1. Application U-2004-08; Sandra Steele/The Alaris Group, 940 S. Stelling Road Description Use Permit to locate Sprint Wireless Communication antennas and equipment within an existing cross-tower at Redeemer Lutheran Church and to extend the height of the cross-tower to 55 feet. Action The Planning Commission denied the application on a 1-3 vote. The fourteen-calendar day appeal will expire on July 26, 2004. Enclosures: Planning Commission Report of July 12, 2004 2. Application U-2004-11; Scott Winole (Elephant Bar Restaurant), 19780 Stevens Creek Blvd. Description Use Permit to operate a separate bar in an approved retail building under construction (Marketplace). Action The Planning Commission approved the application on a 4-0 vote. The fourteen-calendar day appeal will expire on July 26, 2004. Enclosures: Planning Commission Report of July 12, 2004 Planning Commission Resolutions No. 6257 Approved Exhibits g:planning/Post Hearing/summary to cc07-12-04 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2004-08 Applicant (s): Sandra Steele, Sprint PCS Property Owner: Redeemer Lutheran Church Property Location: 940 S. Stelling Road Agenda Date: July 12, 2004 APPLICATION SUMMARY Use permit to locate Sprint Wireless Communication antennas and equipments within an existing cross-tower at Redeemer Lutheran Church and to extend the height of the cross-tower to 55 feet. RECOMMENDA nON Staff recommends that the Planning Commission approve the use permit in accordance with the model resolution. DISCUSSION Project Description The applicant, Sandra Steele, representing Spring PCS, has proposed to mount three antennas to an existing church cross-tower (Exhibit A). The tower will be modified and extended to a height of 55 feet to facilitate the antennas. The proposed Spring PCS panel antennas will be mounted at approximately at 47' -10" high on the cross tower and each panel will be 60 inches tall, 12 inches wide and 7 inches deep. The existing 7-foot cross on top of the existing tower is reduced to 5 feet. The cross will retain the original design, but will be approximately three times bigger to be in proportion to the rest of the structure. The cross is tapered at the top and will be painted a darker brown than the rest of the tower to stand out. The entire antenna assembly and wirings will be completely enclosed in a cylinder, screened from public views. (See the attached photosimulations, Exhibit B). The proposed equipment cabinets (4 large cabinets and 2 small power/telco cabinets) will be enclosed by a 6-foot tall wooden fence enclosure occupying an area of 15 feet by 25 feet (375 square feet). The enclosure will be located near the southeast corner of the church property approximately 55 feet away from the easterly property line. The proposed enclosure will not be visible from three sides (south, east, west). A noise study was provided to demonstrate compliance with the City's noise ordinance (Exhibit C). Noise levels were measured about five feet away from the cabinet. Further noise attenuation will occur because of the larger setback from residences and intervening church accessory building. d' File No. U-2004-08 Page 2 July 12, 2004 Surroundings The site is surrounded by single-family uses to the north, east and west. Jollyman Park is immediately south of the project. The closest residential parcel is approximately 140 feet away from the proposed antenna. Cell Site Coverage & Site Selection The Sprint PCS's radio frequency (RF) engineers have identified this site as an integral site in improving Sprint's PCS network coverage to the West Valley Fwy /Hwy 85, southern portion of De Anza College as well as in building coverage at De Anza Center across from the site. At present, Spring PCS customers are experiencing poor service in this area, and this site will greatly benefit the subscribers who live, work and travel in this area. (See the attached radio coverage maps, Exhibit D.) Conformance with the City's Wireless Facilities Master Plan The proposed antenna project is consistent with the City's Wireless Facilities Master Plan. In general, the plan recommends antennas to be mounted on existing tall structures and buildings for ease of screening. A church cross-tower is ideal for locating wireless communication antennas since the mass is already there, and in this case it is far from residential properties. In addition, the proposed antenna panels and wirings will be completely screened from public views as recommended in the Master Plan. Conformance with the City's Wireless Communications Facilities Ordinance The current ordinance provides that transmitting aerials shall not exceed 55 feet in height. The proposed antennas are set at 50 feet in height, with the cross at 55 feet. The ordinance requires a residential property line setback equal to the height of the antenna with a 50-foot minimum. The project setback is 140 feet, which far exceeds the required setback of 50 feet. The applicant prepared a radio frequency (RF) radiation assessment for her project to determine if it met Federal safety standards for exposure (Exhibit E). The maximum ground level ambient RF is calculated to be 0.0019 microwatts per square centimeter, which is 0.19% of the applicable public exposure limit. A figure of 0.00082 microwatts per square centimeter was calculated for the second floor level of the nearest house, which is 0.082% of the public exposure limit. Since the applicant assumed the nearest house was 75 feet away, and it is actually 140 feet away, the RF exposure is even less. Other Issues A neighborhood meeting was held on June 22, 2004 at the project site. City staff provided the applicant with a 500-foot radius mailing list, although the applicant misidentified it as a 300-foot radius notice. Several neighbors were present and their <'~ - .;t File No. U-2004-08 Page 3 July 12, 2004 concerns are summarized below, followed by staff comments. The applicant provided several additional studies (Exhibit F) to address resident concerns. These were sent to the meeting attendees. Power output from the antenna unit According to the applicant, the proposed antenna unit can potentially produce up to 1000 watts of electricity. The neighbors were concerned with the possible health risks or safety of the antenna. Staff comments: The maximum power iknsity of1,000 watts is fairly standard for a PCS wireless facility. The significant number is the ambient RF exposure, which diminishes by the square of the distance from the transmitting antenna. When this is taken into account, immediate ground level and residential exposure is well below the Federal safety standard for RF emissions. The RF study in Exhibit F also indicates that a collocated facility with another set of antennas will still have RF emissions below the Federal safety standard. Other existing Sprint PCS antenna stations The neighbors wanted to know if the proposed antenna station is comparable to other existing Sprint PCS's stations in the vicinity in terms of power output and RF emission. Staff comments: According to the applicant the proposed personal wireless service facility is similar to surrounding Sprint PCS facilities. Staff confirms that this facility is similar to other Sprint facilities that have been approved. All other nearby sites also met the Feikral Government's safety limit. Alternative sites Some neighbors questioned the possibility of locating the antenna at other sites (e.g., next to highway 85) instead of the proposed church property. Staff comments: The applicant's alternatives analysis is enclosed. See Exhibit F. Submitted by: Gary Chao, Assistant Planner Colin Jung, Senior Planner -. Approved by: Steve Piasecki, Director of Community Development~ ENCLOSURES Model Resolution Exhibit A: Project Description Exhibit B: Photo Simulations Exhibit C: Noise Analysis Exhibit D: Radio Coverage Maps Exhibit E: RFR Study by Hammett & Edison (::)¡-"'; U-2004-08 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO LOCATE A PERSONAL WIRELESS SERVICE FACILITY, CONSISTING OF THREE PANEL ANTENNAS AND A MONOPOLE WITHIN AN EXISTING CROSS TOWER EXTENDED TO 55 FEET IN HEIGHT, AND ASSOCIATED BASE EQUIPMENT AT REDEEMER LUTHERAN CHURCH, LOCATED AT 940 S. STELLING ROAD. 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 applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, 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 proposed use will be located and conducted in a manner in accord with the Cupertino Wireless Facilities Master Plan, Comprehensive General Plan and the purpose of this title. 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 hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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-2004-08 as set forth in the Minutes of the Planning Commission Meeting of July 12, 2004 and are incorporated by reference as though fully set forth herein. a-5 Resolution No. Page No.2 July 12, 2004 U-2004-08 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Property Owner: Location: U-2004-12 Sandra Steele/The Alaris Group Redeemer Lutheran Church 940 S. Stelling Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "SPRINT, Redeemer Lutheran", consisting of 7 sheets labeled Tl, LS-l, LS-2, A-I through A-4, dated 5/03/04, except as may be amended by the conditions contained in this resolution. 2. CO-LOCATION OF ANTENNA The applicant shall make its mast available to other wireless communications carriers for antenna co-location subject to City approval. The co-location agreement shall be at market rates with reasonable compensation to the mast owner. 3. MONOPOLE DESIGN FOR FUTURE CO-LOCATION OF ANTENNA The applicant shall design and construct the monopole to accommodate a future co- . location of antennas at a subordinate height to the approved set of antennas. 4. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said antennae and associated facilities shall be removed. The applicant shall bear the entire cost of demolition and removal. 5. EXPIRATION DATE . This use permit shall expire five (5) years after the effective date of the permit. The applicant may apply for a renewal of the use permit at which time the Planning Commission may review the state of wireless communications technology and camouflage technology to determine if the visual impact of the personal wireless facility can be reduced. 6. NOISE LEVEL OF THE EQUIPMENT CABINETS The equipment cabinets shall conform to the City's Noise Ordinance. ;)-(0 E'i\-\-\ßIT: A Proiect Description Project Location The site address is 940 S. Stelling Road, Cupertino. The Assessor's Parcel Number is 359-25- 041. Proiect Components Antennas: The proposal would be to mount three (3) antennas to an existing church cross-tower that would be modified. The height of the existing church tower to the top of the cross is 40'7" and the proposal is to increase the cross tower to a height of 55'. The proposed Sprint PCS panel antennas, (1) per sector, (3) sectors total would be mounted at 47' 10" antenna centerline. The top of the proposed antennas would be at 50' on the cross tower. The antenna size would be 60 inches tall by 12 inches wide by 7 inches deep (60" x 12" x 7"). The antennas would be stealthed within a proposed concealment that would serve the dual purpose of stealthing both the antennas and the coax cable. The concealment would run from the top of the tripod to the base of the cross. The proposed concealment would be the same diameter as the existing structure - from leg to leg it would be 2'4" diameter in the shape of a square box. The entire modified cross tower excluding the cross would be painted a beigelbrown color to match the surrounding buildings. Cross: The existing cross is 7' and would be reduced to 5' high. The top of the cross would be at 55'. The cross would retain the original design of being mounted on top of the tower, but would be (3) three times as big as the original cross to make it proportionate with the rest of the structure. The cross would be tapered at the top and painted a darker brown than the tower to stand out. There would be a GPS antenna mounted within the equipment lease area on a cable support ladder. Equipment: The equipment lease area would be located on the east side of the parcel. It would occupy approximately 15' X 25' or a total of375 SF. It would be mounted on a concrete slab at ground level and enclosed in a new 6'0" high wooden fence. The Mod Cell equipment includes up to (4) large cabinets and (2) smaller power and telco cabinets. There would also be a service light. The coax routing for the site would run underground from the equipment area to the cross tower. From there it would run up the inside of one ofthe tripod legs and through the middle of the antenna/coax concealment to the antennas. The coax cable would be fully stealthed. d-~ Coveral!e Objective Sprint PCS's radiofrequency (RF) engineers have identified this site as an integral site in improving Sprint's PCS network coverage to the West Valley Fwy/Hwy 85, southern portion of De Anza College as well as inbuilidng coverage at De Anza Center across from the site. It would also facilitate coverage to the north at McClellan Rd., and the neighborhood surrounding De Anza Blvd. At present, Sprint PCS customers are experiencing poor service in this area and this site will greatly benefit the Sprint PCS subscribers who live, work and travel in this area. PCS will change the future of telecommunications with easy-to-use, lightweight and highly mobile communications devices including: portable telephones, computers and Personal Digital Assistants (PDAs). PCS will provide voice, e-mail and internet access capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by Sprint PCS differs from typical cellular networks in that it uses a combination of state of the art digital technology and traditional analog wireless communications, which have been in use since the early 1980s. The benefits include call privacy and security, improved voice quality, and an expanded menu of affordable products and services for personal and professional communications needs. The Sprint PCS network will eventually feature a locator device that will connect 911 calls to local police and fire departments. In the event of an emergency, specially equipped emergency vehicles will be able to identify a customer's location once a call is received. Ooerational Overview Once constructed and operational, the unmanned communications facility will provide service to customers 24-hour per day, seven (7) days per week. Apart from initial construction activity, the facility will be serviced on a periodic basis by a Sprint technician. It is reasonable to expect that routine maintenance/inspection of the facility will occur once a month during nonnal working hours. Beyond this intennittent service, Sprint requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. All computer equipment needed to operate the site will be housed within the equipment cabinets. ÓLC¡ FCC Compliance Sprint PCS complies with the operating requirements set forth by the FCC in 47 CFR Part 15 that discusses operation in public portions of the radio spectrum. The specific public frequency A-bands utilized by Sprint PCS are 1850 to 1865 MHz and 1930 to 1945 MHz ranges. This section specifies technical requirements, frequencies, and radio transmitter maximum power output such as minimum channel separation and channel bandwidth. Sprint PCS' technology adheres to all of these requirements. Conclusion On behalf of Sprint PCS, the Alaris Group looks forward to working in cooperation with the City of Cupertino to provide a wireless telecommunications facility that complies with the City's Land Use Requirements. Please do not hesitate to contact me with any questions at 415-573-7400 or ssteel e@thealarisgroup.com ~incer ly, / ) - S"""" ",,10 ~- Zoning Specialist The Alaris Group, LLC ,:;)-\ 0 p.)(l-tIßIT: C. Lucent Techn_gies 0, . . ""'"""~~""" Network Systems - Product Confonnance Test Subject: Telcordia Requirement GR-487-CORE Section 3.29 R3-196, Issue 2, March 2000 Acoustical Noise Suppression Test Report for Compact 4.0 Cabinet. Date: December 12'h, 2003 Memorandum for Record Introduction An acoustical noise suppression test was perfonned on a Compact 4.0 cabinet on August 29'" 2003 at the receiving office located in Lucent Technologies building 15, Whippany, NJ 07981- 0903. This test was conducted to verify that the Compact 4.0 meets the Telcordia requirement specified in section 3.29 R3-196 of GR-487-CORE (Generic Requirements for Electronic Equipment Cabinets). Telcordia Requirement Description Cabinets, equipped with telecommunications equipment and associated cooling fans, shall suppress acoustical noise to a level of 6SdBA at a distance of I.Sm (Sft) from the cabinet with the doors closed during times of maximum noise generation within the cabinet. Figure 1 Page 1 of 3 Lucent Technologies Proprietary-Use pursuant to Company Instructions d-\~ E'X. \t\'ß\T: E. Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California Statement of Hammett & Edison, Inc., Consulting Engineers The flnn of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Sprint PCS, a wireless telecommunications carrier, to evaluate the base station (Site No. SF60xc824A) proposed to be located at 940 South Stelling Road in Cupertino, California, for compliance with appropriate guidelines limiting human exposure to radio ftequency ("RF") electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radioftequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical exposure limits. A summary of the FCC's exposure limits is shown in Figure I. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive thresholds for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Personal Wireless Service Personal Communication ("PCS") Cellular Telephone Specialized Mobile Radio [most restrictive ftequency range] Appro, Freqoeocv 1,950 MHz 870 855 30-300 Occuoatiooal Limit 5.00 mW/cm2 2.90 2.85 1.00 Public Limit 1.00 mW/cm2 0.58 0.57 0.20 General Facility Requirements Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or "cabinets") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The transceivers are often located at ground level and are connected to the antennas by coaxial cables about 1 inch thick. Because of the short wavelength of the ftequencies assigned by the FCC for wireless services, the antennas require line-of-sight paths for their signals to propagate well and so are installed at some height above ground. The antennas are designed to concentrate their energy toward the HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCD SP824A596 Page I 00 ;)- \'t:, Sprint PCS . Proposed Base Station lSite No. SJ:60xc824A) 940 South Stelling Road. Cupertino, California horizon, with very little energy wasted toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the maximum pennissible exposure limits without being physically very near the antennas. Computer Modeling Method The FCC provides direction for detennining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully fonned at locations very close by (the "near-field" effect) and that the power level from an energy source decreases with the square of the distance trom it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon infonnation provided by Sprint, including zoning drawings by MSA Architecture & Planning, Inc., dated March 8, 2004, it is proposed to mount three Andrew Model 932DG90RCE-M directional panel antennas on the existing steel cross structure on the property of the Redeemer Lutheran Church, located at 940 South Stelling Road in Cupertino. The structure would be increased in height to 55 feet above ground and the antennas would be mounted at an effective height of about 48 feet above ground; they would be oriented at 1200 spacing, to provide service in all directions. The maximum effective radiated power in any direction would be 1,000 watts. There are reported no other wireless telecommunications base stations installed nearby. Study Results The maximum ambient RF level anywhere at ground due to the proposed Sprint operation is calculated to be 0.0019 mW/cm2, which is 0.19% of the applicable public exposure limit. The maximum calculated level on the roof of the church building is 0.36% of the public exposure limit; the maximum calculated level at the second floor elevation of the nearest home' is 0.082% of the public exposure limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected to overstate actual power density levels. Recommended Mitigation Measures Since they are to be mounted on a tall pole, the Sprint antennas are not accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. To , Located about 75 feet away, based on the drawings. HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO SP824A596 Page 2 00 .;ì- \9 Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California prevent occupational exposures in excess of the FCC guidelines, no access within 5 feet in front of the Sprint antennas themselves, such as might occur during maintenance activities on the pole, should be allowed while the site is in operation, unless other measures can be demonstrated to ensure that occupational protection requirements are met. Posting explanatory warning signst at the antennas and/or on the pole below the antennas, such that the signs would be readily visible ftom any angle of approach to persons who might need to work within that distance, would be sufficient to meet FCC- adopted guidelines. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the base station proposed by Sprint PCS at 940 South Stelling Road in Cupertino, California, can comply with the prevailing standards for limiting human exposure to radio ftequency energy and, therefore, need not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2005. This work has been carried out by him or under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. March 15, 2004 t Warning signs should comply with ANSI C95.2 color, symbol, and content conventions. In addition, contact infonTIation should be provided (e.g., a telephone number) to arrange for access to restricted areas. The selection of language(s) is not an engineering matter, and guidance from the landlord, local zoning or health authority, or appropriate professionals may be required. HAMMETI & EDISON, INC CONSULTING ENGINEERS SAN FRANCJSCO SP824A596 Page30f3 ¡}-f}Q FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements, which are nearly identical to the more recent Institute of Electrical and Electronics Engineers Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz." These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Freauencv Applicable Range (MHz) 0.3 - 1.34 1.34 - 3.0 3.0 - 30 30 - 300 300 - 1,500 1,500- 100,000 1000 100 ¡¡ .£N§ ~ë~ ~~g 10 I 0.1 Electromalpletic Fields (f is freauencv of emission in MHz) Electric Magnetic Equivalent Far-Field Field Strength Field Strength Power Density (Vim) (Nm) (mW/cm') 614 614 1.63 /.63 100 /00 614 823.81f 1.63 2./9/f 100 /8011 1842/f 823.81f 4.89/f 2./9/f 90011' /8011 61.4 27.5 0.163 0,0729 1.0 0,2 3.54Vr /.59{r Vril06 {¡1238 fl3oo f/I500 137 6/.4 0.364 0./63 5.0 /.0 ./ Occupational Exposure /' PCS Cell ----. Public Ex osure 0.1 10 100 103 Frequency (MHz) 105 104 Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation fonnulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those fonnulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings and uneven terrain, if required to obtain more accurate projections. HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO FCC Guidelines Figure 1 d-a¡ RFRCALC TM Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The u.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum pennissible exposure limits adopted by the FCC (see Figure I) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is defined by the distance, D, from an antenna beyond which the manufacturer's published, far field antenna patterns will be fully fonned; the near field may exist for increasing D until some or all of three conditions have been met: I) D>~ 2) D> 5h 3) D> 1.6ì-. where h = aperture height of the antenna, in meters, and ì-. = wavelength of the transmitted signal, in meters. The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives this fonnula for calculating power density in the near field zone about an individual RF source: . S - 180 0.1 x Poet. mW 2 power densIty - ¡¡¡¡w x It x D x h' III /em, where 8BW = half-power beamwidth of antenna, in degrees, and Poet = net power input to the antenna, in watts. The factor of 0.1 in the numerator converts to the desired units of power density. This fonnula has been built into a proprietary program that calculates distances to FCC public and occupational limits. Far Field. OET-65 gives this fonnula for calculating power density in the far field of an individual RF source: Power density S - 2.56 x 1.64 x 100 x RFF2 x ERP in mW/em2 - 4xltxD2 ' , where ERP = total ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D = distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This fonnula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO Methodology Figore 2 £.~-a<.-:;:¡" EX\t\E IT: F Doc-s. -1\-\ +l.fI'- *"1 (, "" I 1', 1 1<' July, 08, 2004 VIA EMAIL DELIVERY Mr. Gary Chow & Mr. Colin Jung Planners - Community Development Department City of Cupertino Planning Division (408) 777-3308 Re: Response to Community Meeting for Redeemer Lutheran Church held on 6/22 at 940 S. Stelling Rd. (SF60XC824-A) Dear Colin & Gary: At the community meeting held on 6/22 for the proposal of a new Sprint PCS wireless telecommunications facility at the Redeemer Lutheran Church, the five (5) neighbors raised four (4) main questions about the proposed site. These questions are outlined below and corresponding documentation is attached that responds to their concerns. I) What is the power density output of the proposed site at the Redeemer Lutheran Church and the surrounding sites? How do these levels differ at the site and then further away within the 500' radius? (see attached Doc.#l) 2) What alternative sites has Sprint PCS looked at in that area? Why can't they put a site along Hwy 85? (see attached Doc.#2) 3) What are the existing RF exposure conditions at the three (3) homes of the attending neighbors near the proposed Sprint PCS base station? What would the predicted difference be once the proposed site was on air? (see attached Doc.#3) 4) What is the c~ulative effect of adding another carrier to the proposed site? (see attached Doc.tiT - pg. 2 Section: 'Site and Facility Description & Study Results) Please don't hesitate to contact me if you have any further questions. Regards, Sandra Steele Pennit Expediter The Alaris Group, LLC (415) 573-7400 n ":)7 £.')'-"1 ,~ Doc. #' 1- ~ Sprint. Sprint PCSSM July 04 To Whom It May Concern: RE: Proposed site SF60XC824 Lutheran Redeemer Church 940 S. Stellinq Road. Cupertino CA 95014 POWER DENSITY This report aims to address the concerns of the local residents and to answer questions raised at the Community Meeting held on 6/22/04. The power density for Sprint's proposed site, SF60xc824, at Lutheran Redeemer Church has been designed with the same power densities as all of its surrounding on-air (or in-service) sites, namely FS04XC131 (Imperial Ave, Cupertino), SF33XC591 (South De Anza Blvd @Stevens Creek Blvd), FS04XC127 (North De Anza Blvd @Hwy85) and SF33XC413 (Bollinger Road). The average power output for these sites 506 Watts, Effective Isotropic Radiated Power (EIRP). In general, the power density falls off dramatically with distance from the transmitting site. This is because it follows the Inverse Square Law, which states that for every doubling of the distance, the power density decreases by a factor of 4 i.e. the power density is reduced by a quarter! In considering the Redeemer Lutheran Church site, the power densities are as follows: (ii) At a distance of 10ft - around base of tower structure, the power density at ground level is 0.09 microwatt per square centimeter. This is 10 times less than the FCC Maximum Permissible Exposure of 1.0 microwatt per square centimeter for the general population. At a distance of 200ft - approximate distance of close-by residents, the power density at ground level is 0.002microwatt per square centimeter. This is 500 times less than the FCC Standard for the general population. (i) At a distance of 500 ft - the distance at which all residents must be notified in advance, in accordance with the City Ordinance, the power density is 0.0003 microwatt per square centimeter. This is 3000 times less than the FCC Standard for the general population. It is important to note that these figures will be at least 100 times less, since the signal is further weakened as it travels through the air and through obstacles such as trees, buildings, cars, etc. II is also important to not that the FCC Standards have a safety factor of fifty (50) built into them. (iii) In comparison, a typical household microwave, which most people are familiar with, gives out 0.2 microwatt per square centimeter, while in use, even though the door is properly closed. This is 5 times below the FCC limit and a 100 times greater when compared with antenna output at a distance of 200ft. Thank you, Sprint PCS - RF Engineering 'ì 4 ~-a l)oc4P'Z To whom it may concern: Re: Alternative Sites Analysis for SF60XC824A -Redeemer Lutheran Church 940 S. Stelling Rd. Cupertino CA 95014 This list of alternative sites looked at by Sprint PCS aims to address the concerns of the local residents and to answer questions raised at the Community Meeting held on 6/22/04. A site requires adequate RF coverage, a willing landlord, compliance with city zoning ordinances and constructability in order for it to be a viable candidate for Sprint PCS. The following is a list of sites that were considered prior to the selection of the Redeemer Lutheran Church, but did NOT meet one or all of these necessary requirements: I. 2. 3. 4. 5. 6. St Jude the Apostle Church (Episcopal) - Corner of McClellan and S. Sterling was identified, however, it has very low buildings and no adequate height. This site does not work for RF. New Life Church/Church of the Nazarene - 20900 McClellan Road was also identified. It has the same cross structure as Redeemer Lutheran, but the landlord is not interested and it is not constructible due to roof access difficulties. Church of the Latter Day Saints - S. Stelling across from new DeAnza Parking Structure was identified as a possible candidate, but the church has a national policy that it will not lease to any third parties. This site has an unwilling landlord. St. Andrew Armenian Church - on S. Stelling Road was identified as it had a tall roof and cross, however this site is not constructible. Also, the site is too far south of the search ring and would not cover DeAnza College area. This site was also rejected by RF. Jollyman Park was identified as an excellent location, however, there were no existing vertical structures and the city zoning ordinance encourages carriers to go on existing structures. Furthermore, it would be very difficult to bring in utilities and was not feasible from a construction standpoint. Finally, this site is surrounded by tall trees that would have compromised our coverage and was therefore rejected by RF. Office Building - Corner of McClellan and S. Stelling was identified as a possible candidate. The building is owned by DeAnza College and has a Hi-Tech training center as a tenant, but appears vacant. The building is only about 12 feet tall and surrounded by trees and therefore this site does not work for RF. é?-~5 "¡ !l L ,\ L c\ H ¡ S c ,,<} I ", j ! , 7. 8. 9. 10. Monte Vista High School was identified as a candidate, however, it falls too far outside search ring and search area and thus this site does not work for RF. Highway 85 CalTrans at S. Stelling was also identified as a possible candidate, but there are no existing tall structures at the site and no utilities. There is a sound wall on one side of overpass and a 50' to 60' pole would cover both the freeway and residential areas, but would be very close to and very visible from residential properties on Orogrande Place and Festival Drive and would not meet the aesthetics of the city zoning. Finally, the area is south of the search area, and would not cover De Anza adequately. Therefore, this site was also rejected by RF, Highway 85 CalTrans at McClellan was identified as a possible candidate, but Caltrans recently rejected a Metro PCS proposal for this Caltrans yard due to maintenance and security concerns. Therefore this site was rejected as it has an unwilling landlord. Also, this site is located in the very north part of search area and would not cover the residential areas to the south. There are no existing tall structures in the area, There is only one 35' telephone pole that could not be used because it is not tall enough to cover the area, Therefore, this site was rejected by RF. DeAnza College was identified as a candidate. This site has a new parking structure and other buildings that are all too far to the north of the search ring. We need additional coverage at De Anza, but not a site directly on the campus, Therefore this site does not work for RF. a-a lo Doc...-4f 3 HAMMETT & EDISON, INC. CONSULTING ENGINEERS . :~~ RADIO AND TELEVISION WILLIAM F. HAMMETT. P,E, DANE E. ERICKSEN. P,E, STANLEY SALEK. P,E. ROBERT D. WELLER. P.E. MARK D, NEUMANN. P.E. ROBERT P. SMITH. JR. RAJAT MATHUR ROBERT L. HAMMETT. P,E. 1920-2002 EDWARD EDISON. P,E BY E-MAIL SSTEELE@THEALARISGROUP.COM July 2, 2004 Ms. Sandra Steele The Alaris Group, LLC 185 Berry Street, Suite 5300 San Francisco, California 94107 Dear Sandra: As you requested, we conducted measurements ofthe existing RF exposure conditions at three homes near the location of the proposed Sprint PCS base station (Site No. SF60xc824A) on the property of the Redeemer Lutheran Church, at 940 South Stelling Road in Cupertino. The measurement equipment used was a Wandel & Goltermann Type EMR-300 Radiation Meter with Type 8 Isotropic Electric Field Probe (Serial No. P-0036). Both meter and probe were under current calibration by the manufacturer. The maximum power density levels observed at the homes on June 22, 2004, about 8:30 PM, not including the contributions of other RF sources, such as TV, monitor, and microwave, were all so low as to be below the minimum measurement range of the instrument, i.e., less then 0.13% of the most restrictive public limit. These homes were located at the following addresses: 771 Huntridge Lane 903 South Stelling Road 7655 Dumas Drive Based on the information provided by Sprint, it is proposed to mount three Andrew Model 932DG90RCE-M directional panel antennas on the existing steel cross structure to be modified to a height of 55 feet. The Sprint antennas will be mounted at an effective height of about 48 feet above ground, and Sprint reports that it will initially operate at a maximum effective radiated power ("ERP") of 500 watts, with a maximum eventual build-out ERP of 1,000 watts. The maximum ambient RF level anywhere at ground due to the proposed Sprint initial and maximum operations is calculated to be 0.095% and 0.19% of the applicable public exposure limit, respectively. The power density levels observed at the three homes are not expected to change significantly after the Sprint station is operational. e-mail: bhammett@h-e.com us Mail: Box 280068 . San FrancIsco. California 94128 Delivery: 470 Third Street We,' . Sonoma. California 95476 Telephone: 707/996-5200 San Francisco' 707/996-5280 Fa"imiie . 202/396-5200 D.C. d-c~l- \:)6,,-,.1:I:-it Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Sprint PCS, a wireless telecommunications carrier, to evaluate the base station (Site No. SF60xc824A) proposed to be located at 940 South Stelling Road in Cupertino, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical exposure limits. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive thresholds for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Personal Wireless Service Personal Communication ("PCS") Cellular Telephone Specialized Mobile Radio [most restrictive frequency range] Aoorox. FreQuency 1,950 MHz 870 855 30-300 Occuoational Limit 5.00 mW/cm2 2.90 2.85 1.00 Public Limit 1.00 mW/cm2 0.58 0.57 0.20 General Facility Requirements Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or "cabinets") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The transceivers are often located at ground level and are connected to the antennas by coaxial cables about I inch thick. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line-of-sight paths for their signals to propagate well and so are installed at some height above ground. The antennas are designed to concentrate their energy toward HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO SP824A596.1 Page I of4 ó( - éÌ¡ ",) Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California the horizon, with very little energy wasted toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the maximum pennissible exposure limits without being physically very near the antennas. Computer Modeling Method The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully fonned at locations very close by (the "near-field" effect) and that the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon information provided by Sprint, including zoning drawings by MSA Architecture & Planning, Inc., dated March 8, 2004, it is proposed to mount three Andrew Model 932DG90RCE-M directional panel antennas on the existing steel cross structure on the property of the Redeemer Lutheran Church, located at 940 South Stelling Road in Cupertino. The structure would be increased in height to 55 feet above ground and the antennas would be mounted at an effective height of about 48 feet above ground; they would be oriented at 120° spacing, to provide service in all directions. The maximum effective radiated power in any direction would be 1,000 watts. Similar antennas for use by another wireless telecommunications carrier could be mounted lower on the same structure. For the purposes of this study, it is assumed that another PCS carrier were also to install an identical operation, at an effective height of about 40 feet above ground. Study Results The maximum ambient RF level anywhere at ground due to the proposed Sprint operation by itself is calculated to be 0.0019 mW/cm2, which is 0.19% of the applicable public exposure limit; the maximum calculated cumulative level at ground for the simultaneous operation of both PCS carriers is calculated to be 0.39% of the public exposure limit. The maximum calculated cumulative level on the roof of the church building is 1.6% of the public exposure limit; the maximum calculated cumulative level at the second floor elevation of the nearest home' is 0.20% of the public exposure limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected to overstate actual power density levels. The cumulative results are based upon a hypothetical build- , Located about 75 feet away. based on the drawings. HAMME'IT & EDISON, INc. ffiNSUmNG ENGINEERS SANFRA.~OSCO SP824A596.1 Page 2 of 4 6\- '3D Sprint PCS . Proposed Base Station (Site No. SF60xc824A) 940 South Stelling Road. Cupertino, California out of a second PCS carrier at the proposed site in order to demonstrate that such utilization of the facility can be made in conformance with FCC guidelines for exposure to radio frequency radiation. Although the results are believed to be conservative, they should not be used to represent actual exposure conditions at the site after construction of both carriers. When the second carrier's facilities have been specified, a complete calculation study should be performed. Recommended Mitigation Measures Since they are to be mounted on a tall pole, the antennas are not accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. To prevent occupational exposures in excess of the FCC guidelines, no access within 5 feet in front of the Sprint antennas themselves, such as might occur during maintenance activities on the pole, should be allowed while the site is in operation, unless other measures can be demonstrated to ensure that occupational protection requirements are met. Posting explana~ory warning signs! at the antennas and/or on the pole below the antennas, such that the signs would be readily visible from any angle of approach to persons who might need to work within that distance, would be sufficient to meet FCC- adopted guidelines. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the base station proposed by Sprint PCS at 940 South Stelling Road in Cupertino, California, can comply with the prevailing standards for limiting human exposure to radio frequency energy and, therefore, need not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations. ! Warning signs should comply with ANSI C95.2 color, symbol, and content conventions. In addition, contact information should be provided (e,g., a telephone number) to arrange for access to restricted areas. The selection of language(s) is not an engineering matter, and guidance from the landlord, local zoning or health authority, or appropriate professionals may be required. HAMMETT & EDISON, INc. CONSULTING ENGINEERS SANFRANOSCO SP824A596.1 Page 3 of 4 d ....-:.., I FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements, which are nearly identical to the more recent Institute of Electrical and Electronics Engineers Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz." These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frequencv Applicable Range (MHz) 0.3 - 1.34 1.34 - 3,0 3,0 - 30 30 - 300 300 - 1,500 1,500 - 100,000 .... þNS ~.~ ~ 0 "?" "'"AS 1000 100 10 I Electromagnetic Fields (f is frequencv of emission in MHz) Electric Magnetic Equivalent Far-Field Field Strength Field Strength Power Density (VIm) (AIm) (mW/cm') 614 614 1.63 1,63 100 100 614 823.8/j 1.63 2.19/j 100 180// 1842/f 823.8/j 4.89/f 2,19/j 900tf 180// 61.4 27.5 0.163 0.0729 1.0 0.2 3.54-fr 1.59'Jj -fr/l06 {j'/238 fl300 jll500 137 61.4 0.364 0.163 5.0 1.0 / Occupational Exposure /' PCS Cell 0.1 , " FM ~ /'- Public Exposure ; ----, 0.1 10 loa 103 Frequency (MHz) 104 la' Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings and uneven terrain, if required to obtain more accurate projections. HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO FCC Guidelines Figure 1 ;;¿ - 3 '3 RFR.CALC TM Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum permissible exposure limits adopted by the FCC (see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is defined by the distance, D, from an antenna beyond which the manufacturer's published, far field antenna patterns will be fully formed; the near field may exist for increasing D until some or all of three conditions have been met: I) D>~ 2) D> 5h 3) D> 1.6ì.. where h = aperture height of the antenna, in meters, and ì.. = wavelength of the transmitted signal, in meters. The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives this formula for calculating power density in the near field zone about an individual RF source: . S 180 0.1 x Poet 2 power density ~!JEw x It X D x h' inmW/cm, where BBW = half-power beamwidth of antenna, in degrees, and Poet = net power input to the antenna, in watts. The factor of 0.1 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates distances to FCC public and occupational limits. Far Field. OET-65 gives this formula for calculating power density in the far field of an individual RF source: power density S = 2.56 x 1.64 x 100 x RFF2 x ERP, in mW/cm2, 4xltxD2 where ERP = total ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D = distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. HAMMETT & EDISON, INc. CONSULTING ENGINEERS SAN FRANCISCO Methodology Figure 2 ,;;\34- CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2004-11 Applicant: Scott Winole (Elephant Bar) Owner: Evershine (Marketplace) Location: 19780 Stevens Creek Boulevard Agenda Date: July 12, 2004 Application Summaries: Use Permit to operate a separate bar in an approved retail building under construction (Marketplace) RECOMMENDA nON: Staff recommends that the Planning Commission: 1. Approve the Use Permit, file no. U-2004-11, based on the model resolution. Project Data: General Plan Designation: Zoning Designation Commercial! Office/ Residential P (Heart of the City) Building B - Elephant Bar - Other Tenant Spaces 7,566 sq. ft. 2,230 sq. ft. Parking Required for Elephant Bar - 19 bar seats 7 stalls required (1/3 seats) - 50 outdoor seats 13 stalls required (1/4 seats) - 192 indoor seats 48 stalls required (1/4 seats) - 20 emplovees (peak hr) 20 stall required (1 per employee) Subtotal 88 stalls Parking Required for Other Tenants - 2,230 sq. ft. space 9 stalls required (1/250 sq. ft.) Parking Demand for Building B Parking Supplied Environmental Assessment: 97 stalls 97 stalls Exempt BACKGROUND: Restaurants with separate bars require Use Permit approval. This was overlooked at the Architectural Site Approval phase of the Elephant Bar project. DISCUSSION: Issues related to the separate bar facility includes parking and the appropriateness of a bar in this location. ,-3- J U-2004-11 2 PaTking The parking data in the Project Data section above shows that there is sufficient parking for the use. Bar Use Chili's, Hamasushi and Rib Crib are examples of restaurants on Stevens Creek Boulevard with separate bars that are near residential areas. In the case of Chili's, there were issues regarding the parking lot's proximity to residential uses. In this case, the Elephant Bar will be oriented toward Stevens Creek Boulevard and the shopping center, which limits the potential impacts on neighboring residences across Portal Avenue. Specifically, all of the restaurant parking is located with the building in between the parking lot and nearby residences. Enclosures: Model Resolution Plan Set Letter from Tannert Family dated 7/6/04 Submitted by: Peter Gilli, Senior Planner ~ Approved by: Steve Piasecki, Director of Community Developme~ ~3 - cÙ 2 U-2004-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPRQVING A USE PERMIT FOR A RESTAURANT WITH A SEPARATE BAR IN A CQMMERCIAL SHOPPING CENTER. SECTION I: PROTECT DESCRIPTION Application No(s): U-2004-11 Applicant: Scott Winole (Elephant Bar) Location: 19780 Stevens Creek Boulevard SECTIQN II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Qrdinance 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 said application; and has satisfied the following requirements: 1) The proposed use, 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 proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESQL VED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and 3--_~ Model Resolution Page 2 U-2004-11 July 12, 2004 That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No. U-2004-11, as set forth in the Minutes of the Planning Commission Meeting of July 12, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is granted for a restaurant with a separate bar at 19780 Stevens Creek Boulevard, based on Sheets Cl.0 and AD2.0. 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. PASSED AND ADOPTED this 12th day of July 2004, 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: COMMISSIQNERS: COMMISSIONERS: CQMMISSIQNERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chairperson Cupertino Planning Commission ,34- RRCF'JVRD "II JU,- Hans Tannert Hilde Tannert 10195 Avocado Place Cupertino, CA 95014 BY: 7-6-04 City of Cupertino Department of Community Development 10300 Torre Ave. Cupertino, CA 95014 Ref.: Use Permit to operate a separate bar at 19780 Stevens Creek Boulevard. Dear Planning Commission: We are strongly objecting to a bar that will be dispensing alcoholic beverages so close to a quiet residential neighborhood in which we live, This bar would be located right next to Longs drugstore and other stores that are visited by many families with small children, which could be exposed to intoxicated persons. Please deny this Use Permit. Sincerely, -H~ f~~ /i/t~M ~.~ r,- '--)-~ U-2004-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTIQN NO. 6257 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPRQVING A USE PERMIT FOR A RESTAURANT WITH A SEPARATE BAR IN A CQMMERCIAL SHQPPING CENTER. SECTION I: PROTECT DESCRIPTION Application No(s): U-2004-11 Applicant: Scott Windle (Elephant Bar) Location: 19780 Stevens Creek Boulevard SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Qrdinance 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 said application; and has satisfied the following requirements: 1) The proposed use, 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 proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. 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 hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No. U-2004-11, as set forth in the Minutes of the Planning Commission Meeting of July 12, 2004, and are incorporated by reference as though fully set forth herein. Resolution No. 6257 Page 2 U-2004-11 July 12, 2004 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT Approval is granted for a restaurant with a separate bar at 19780 Stevens Creek Boulevard, based on Sheets Cl.0 and AD2.0. 2. TRASH DISPOSAUSERVICE DOORS The applicant/ operator shall not store or keep any trash bins, trash bags or refuse of any kind outside of the building and shall dispose of all trash in an approved trash receptacle on the site. The applicant shall work with staff to install landscaping to screen access to and from the service doors located along the west side of the building. 3. 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. PASSED AND ADQPTED this 12th day of July 2004, 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: CQMMISSIONERS: Giefer, Miller, Vice-Chair Wong and Chairperson Saadati COMMISSIONERS: COMMISSIQNERS: COMMISSIONERS: Chen ATTEST: APPROVED: f sf Steve Piasecki Steve Piasecki Director of Community Development f sf Taghi Saadati Taghi Saadati, Chairperson Cupertino Planning Commission ¡ \Q ~ r;j I i ~ n » '1J Z (') '1J r » z ;0 0; ; ! i:; -' '--.. :0 "-< , ~ ~ ~ s , s s s c:::J t:::J s s s s c:::J , t:::J s s s s c:::J t:::J s s s s -b'1r c:::J' t:::J -b ~ s s * 0 :> c:::J t:::J 0 :> ~ S S S S 'Î' s s s s s s s S 5 S S S S S S S S S 5 S ~ jEs s s s s ~ ~ r ,I I !~ ~~I ~ a¡! ~ '~h ~ ,.' :/ ;¡! ~ !~; ð d .~~ '!a\ ¡; ¡! .~! li!§ '" !! I~! ,§!! " ,I, ~ fa! ~I i:¡ ! Ii, ~ I,.. '1° '. ~~¡ ! ~,~ Ii I; . Ii i¡ il . ¡¡¡I i~ -- J ~i 'I ;¡ ,., .~. þ;o ""\ ~ -,r r;:I -. 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