Loading...
.02 U-2008-03 At&tCITY OF CUPERTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No. Agenda Date: August 25, 2009 Application: U-2008-03, EXC-2009-05 Applicant: Phillip Thomas, Black Dot Wireless (for AT&T Mobility) Property Owner: ECI Two Results, LLC Property Location: near 5 Results Way Application Summary: USE PERMIT (U-2008-03) to allow a personal wireless service facility consisting of a 74- foot tall tree pole with six panel antennas and an equipment enclosure with the associated equipment in the westerly landscape strip in the rear parking lot of an existing office park. HEIGHT EXCEPTION (EXC-2009-05) to allow antennas to be mounted at a height of 67.1 feet where 55 feet is allowed. RECOMMENDATION: Staff recommends approval of the use permit and height exception per the model resolutions enclosed. Planning Commission action is final, unless appealed to the City Council. BACKGROUND: On August 11, 2009, the Planning Commission reviewed and continued the project to its August 25, 2009 meeting. The Commission directed the applicant to consider the possibility of relocating the personal wireless service facility to the east side of the office park near the railroad tracks. A detailed project description and staff's analysis are found in the August 11~ staff report (Attachment 1). 2-1 Phillip Thomas (for AT&T Wireless) U-2008-03, EXC-2009-OS August 25, 2009 Page 2 DISCUSSION: Planning Commission Comments The Planning Commissioners expressed the following concerns/comments: 1) Setbacks to nearby residential properties 2) Other wireless antenna options (i.e., roof mounted and/or public art masts) 3) Explore the possibility of relocating the tree pole to the east side of the property 4) Revise condition relating to the equipment enclosure Staff response: Setbacks There are two setbacks that apply to cell site monopoles: A 6-foot property line setback of the mast and a 75-foot setback of the antennas to the nearest residential property line. For this project, the mast is setback 10.5 feet from the side property line, and the antenna is setback 161 feet from the nearest residentially zoned property on Imperial Avenue (Attachment 2). Other Antenna Options The maximum height of abuilding-mounted antenna at Results Way is 39 feet (10 feet above the 29-foot tall building); unless a height exception is approved. The applicant is asking for a height exception of 67.1 feet where 55 feet is allowed for afree-standing monopole. The height exception is needed to "see" over the buildings and provide cell service to the poorly served neighborhoods to the south and east along Bubb Road and McClellan Road. Given the coverage objectives, the effective height of the antennas is about 48 feet and the tree pole is well within the height norms of such facilities. Staff believes that a tree pole is the best aesthetic solution for this site given the proposed location of the pole and its close proximity to existing trees. Any other pole design (i.e., clock tower or artwork) will increase the visibility of the pole. Relocating the Pole According to the applicant, the objective of this AT&T cell site is to serve the poorly covered residential areas and schools around Bubb and McClellan Roads. Shifting the cell site to the east side of the Results Way Office Park would reduce coverage in the poorly served residential areas and improve coverage in the industrial area and freeway where coverage is already acceptable (see coverage map, Attachment 3). The east side of the office park is also inferior because of the general lack of trees that could be used to visually blend in with the tree pole. The approved redevelopment plans for the Results Way Office Park does not provide excess land to locate a monopole and equipment enclosure. Such a facility would need to be located in the parking lot and would remove a minimum of six parking stalls. The existing and approved office park has a surplus of parking stalls that could absorb the loss of six stalls. The applicant has informed staff that the property owner is not interested in offering an alternative site on the east side of the office park for the AT&T cell site (Attachment 4). 2-2 Phillip Thomas (for AT&T Wireless) U-2008-03, EXC-2009-OS August 25, 2009 Page 3 Equipment Enclosure Condition Per the direction of the Planning Commission, Condition #7 has been revised to the following: The base equipment enclosure shall be constructed of high quality materials and/ or be screened by appropriate landscaping as determined by the Director of Community Development. The final enclosure design, wall treatment/color and screening strategy shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. Technology, Information and Communications Commission Comments (TICC) Commissioner Wally Iimura, representing TICC, addressed the Planning Commission in support of the proposed tree pole. The following points were made by TICC: • The proposed tree pole meets all the required safety and aesthetic standards; • The proposed wireless facility addresses the coverage hole that was identified by the TICC's public survey; • Current AT&T coverage in the Bubb corridor is very poor, which means no coverage, dropped calls and poor audio; • Poor coverage presents a safety hazard for individuals in reporting accidents and for emergency responders (especially in the hilly areas of Bubb corridor) Please see Attachment 5 for the detailed comments from TICC. Public Comments The following is a summary of the comments and concerns raised by the public at the hearing: • The location of the AT&T tree pole is too close to residential properties • The proposed artificial tree is not visually pleasing • The pole should be relocated to along the freeway • The proposed radio frequency radiation (RFR) emissions will pose health risks • The RFR exposures to the second floor level of the nearest residence was not addressed by the applicant • The RFR report was not prepared by a professional licensed radio/ electrical engineer The first three points have already been addressed by this staff report and the August 11, 2009 staff report. Regarding the last three points, the Telecommunications Act of 1996 prohibits local agencies from regulating personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with Federal Communications Commission Guidelines for such emissions. Email communications from the public are attached (Attachment 6). Enclosures: 2-3 Phillip Thomas (for AT&T Wireless) U-2008-03, EXC-2009-OS August 25, 2009 Page 4 Enclosures: Model resolutions for U-2008-03, EXC-2009-05 Attachment 1: Planning Commission Staff Report dated August 11, 2009 Attachment 2: Zoning & Setback Map for AT&T Tree Pole Attachment 3: Existing and Proposed AT&T coverage maps Attachment 4: Email message from property owner, Embarcadero Capital Partners LLC Attachment 5: Email message from TICC Commissioner Peter Friedland Attachment 6: Email communications from the public Prepared by: Colin Jung AICP, Senior Planner Reviewed by Chao City Planner Approved by Aarti Shrivastava Community Development Director G: ~ Planning ~ PEIREPORT ~ 2009ureports ~ U-2008-03, EXC-2009-05 second 2-4 U-2008-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVNG A USE PERMIT TO ALLOW THE CONSTRUCTION OF A PERSONAL WIRELESS SERVICE FACILITY, CONSISTING OF A 74-FOOT TALL TREEPOLE WITH SIX PANEL ANTENNAS AND AN EQUIPMENT ENCLOSURE WITH THE ASSOCIATED EQUIPMENT NEAR 5 RESULTS WAY 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 Comprehensive General Plan and the purpose of this title. 3) That the operation of the facility will comply with federal safety standards for radio frequency radiation emissions. 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 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 2-5 Resolution No. U-2008-03 August 25, 2009 Page 2 No. U-2008-03 as set forth in the Minutes of the Planning Commission Meeting of August 11 & August 25, 2009 and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: U-2008-03 Applicant: Phillip Thomas (for AT&T Mobility) Property Owner: ECI Two Results, LLC Location: Near 5 Results Way SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: " at&t/CN3242-A/November Drive/Results Way/Cupertino, California 95014" prepared by Jeffrey Rome & Associates, Inc. dated 07/02/09 and consisting of six sheets labeled T-1, A-0 through A-3, and LS-1, except as may be amended by the conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. COLOCATION OF ANTENNAE The treepole shall be structurally designed to accommodate the collocation of additional antennae from other wireless carriers. The co-location agreement shall be at market rates with reasonable compensation to the mast owner. 4. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said aerial and associated facilities shall be removed. The applicant shall bear the entire cost of demolition. 2-6 Resolution No. U-2008-03 August 25, 2009 Page 3 5. EXPIRATION DATE This use permit shall expire ten (10) 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 communication technologies, camouflage techniques and maintenance to determine if the visual impact of the aerial facility can be reduced. 6. TREE POLE APPEARANCE AND MAINTENANCE The applicant shall use a sufficient number of artificial branches to obscure the appearance of the panel antennae and any associated mounting framework. The top portion of the tree pole shall have branches of varying length to give the tree pole a conical form. Panel antennae mounted away from the mast shall have needle covers to blend with the green foliage of the artificial branches. The mast and any panel antennae mounted close to the mast shall be painted brown to mimic a tree trunk. The foliage shall have a mottled green coloration. The building permit shall be reviewed and approved to the satisfaction of the Community Development Director to ensure the above condition is met. The applicant shall perform regular maintenance of the tree pole to maintain its appearance and obscure the panel antennae from public view. 7. EQUIPMENT ENCLOSURE The base equipment enclosure shall be constructed of high quality materials and/ or be screened by appropriate landscaping as determined by the Director of Community Development. The final enclosure design, wall treatment/color and screening strategy shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. PASSED AND ADOPTED this 25th day of August 2009, 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: Aarti Shrivastava Lisa Giefer, Chair Community Development Director Planning Commission g:/planning/pdreport/res~009/EXC-2008-03 res.doc 2-7 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. EXC-2009-OS OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HEIGHT EXCEPTION TO ALLOW PANEL ANTENNAS TO BE MOUNTED AT A HEIGHT OF ABOUT 67.1 FEET ON A TREEPOLE-STYLE PERSONAL WIRELESS SERVICE FACILITY LOCATED NEAR 5 RESULTS WAY SECTION I: PROJECT DESCRIPTION Application No.: EXC-2009-OS Applicant: Phillip Thomas (for AT&T Mobility) Location: Near 5 Results Way SECTION II: FINDINGS FOR EXCEPTION WHEREAS, in order to provide height flexibility in situations where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of Chapter 19.108 occur, an applicant for development may file an exception request to seek approval to deviate from the standards; and WHEREAS, the Planning Commission finds the following with regards to the Height Exception for this application: 1. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title in that the extra antenna height above the ordinance maximum of 55 feet is needed because the treepole rests in a location below the grade of the neighborhood that will be serviced with telephone coverage. 2. That the proposed project will not be injurious to property or improvements in the area nor be materially detrimental to the public health, safety, or welfare in that: • the wireless technology produces radiation below federal exposure standards, • visually, the treepole will appear shorter as the adjacent property grade is 6 feet higher than the project site. 3. The proposed development will not create a hazardous condition for pedestrian or vehicular traffic because it is not sited within the travel ways or sight lines of pedestrian or vehicular traffic. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. EXC-2009-OS is hereby approved; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2009-05, as set 2-8 Resolution No. EXC-2009-OS August 25, 2009 Page 2 forth in the Minutes of the Planning Commission Meeting of August 11 & August 25, 2009, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT T)F.PT_ 1. APPROVED EXHIBITS Approval is based on Exhibits titled: "at&t/CN3242-A/November Drive/Results Way/Cupertino, California 95014" prepared by Jeffrey Rome & Associates, Inc. dated 07/02/09 and consisting of six sheets labeled T-1, A-0 through A-3, and LS-1, except as may be amended by the conditions contained in this resolution. 2. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 25th day of August 2009, 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: Aarti Shrivastava Community Development Director APPROVED: Lisa Giefer, Chair Planning Commission g:/planning/pdreport/res/2009/EXC-2009-OS res.doc 2-9 Attachment 7 CITY OF CUPERTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No. ,2 Agenda Date: August 11, 2009 Application: U-2008-03, EXC-2009-05 Applicant: Phillip Thomas, Black Dot Wireless (for AT&T Mobility) Property Owner: ECI Two Results, LLC Property Location: near 5 Results Way Application Summary: USE PERMIT (U-2008-03) to allow a personal wireless service facility consisting of a 74- foot tall tree pole with six panel antennas and an equipment enclosure with the associated equipment in the westerly landscape strip in the rear parking lot of an existing office park. HEIGHT EXCEPTION (EXC-2009-05) to allow antennas to be mounted at a height of 67.1 feet where 55 feet is allowed. RECOMMENDATION: Staff recorrunends approval of the use permit and height exception per the model resolutions (Attachment 1). Planning Commission action is final, unless appealed to the City Council. PROJECT DATA: Property Zoning: Height of Treepole: Height of Antennas: Required Setback: Proposed Setback: Environmental Determination: Planned Development, Light Industrial Intent - P(ML) 74 feet (measured from grade to foliage top) 67.1 feet 75 feet (from residential property) 161 feet to Imperial Ave. residence 315 feet to Olive Ave. residence 370 feet to Astoria townhouses Categorical Exemption, Section 15303: New Construction or Conversion of Small Structures 2-10 Phillip Thomas (for AT&T Wireless) U-2008-03, EXC-2009-OS August 11, 2009 Page 2 BACKGROUND: The applicant, Phillip Thomas (representing AT&T Mobility) is proposing a personal wireless service facility to be located in the westerly landscape strip of the rear parking lot of the Results Way office park. It consists of a tree pole with six panel antennas and base equipment within a concrete block enclosure. The tree pole will be designed for collocation so that more antennas and base equipment may be added by other wireless carriers in the future. The proposed location is in a landscaped setback on the western edge of the property and is surrounded by office and industrial land uses with a minimum distance from a residential property line of 161 feet (see aerial map below). The project will not obstruct the approved redevelopment plans for the Results Way office project. 2-1 ~ O Proposed Location of AT& T cell site Phillip Thomas (for AT&T Wireless) U-2008-03, EXC-2009-OS August 11, 2009 Page 3 The City's Technology, Information and Communications Commission (TICC) has previously conducted an on-line survey of residents and workers to identify cell phone usage and issues. AT&T was found to be one of two wireless carriers to have the widest subscription bases in Cupertino, and the Bubb Road/McClellan Road area was identified as the #1 problem area for lack of cell phone coverage. The existing and proposed AT&T phone coverage is. depicted in Attachment 2. DISCUSSION: Site Location. The AT&T tree pole is proposed in the westerly landscape strip of the office park which has numerous tall and large trees to the south and smaller trees fo the north. The proposed location is two to four times the required 75-foot setback from a residentially zoned property. Treepole and Enclosure Appearance The appearance of the tree pole will be comparable to more modern tree pole designs, like the faux pine treepole located near the southwest corner of Miller Avenue and Richwood Avenue. The tree design includes: • faux bark cladding • an artificial pine branch structure that will resemble a tree and obscure the antenna rack • Pine needle covers that will obscure the panel antenna even further (Attachment 3) Even though there are many tall, mature trees in the office park's westerly landscape strip, the immediate tree pole vicinity is occupied with smaller stature trees, which makes it more challenging to blend in the treepole. To achieve a more natural and realistic tree image, staff is recommending the following changes to the tree pole: • The needle camouflage shall be a more mottled green color, which is more natural looking than the deep forest green color found on the Miller Avenue tree • The top half of the treepole shall be designed with a more conical form to simulate the shape of a real pine tree. In addition, staff recommends the following change to the base equipment screen wall (6-foot tall concrete block wall): • The base equipment screen wall shall be clad with high quality metal panels with a color to match the metal work in the approved office project. Area around the enclosure shall be landscaped with shrubs, except the entry area. All of the above recommendations are incorporated uz the conditions of approval. 2-12 Phillip Thomas (for AT&T Wireless) U-2008-03, EXC-2009-OS August 11, 2009 Page 4 Hei hg t Exception Request. The applicant is proposing a maximum height of 67.1 feet for the antennas, whereas, 55 feet is allowed. The extra height is needed because the rear grade of the office park is much lower (19.2 feet lower) than the McClellan Road grade and the antennas must "see" over the tops of the adjacent office buildings to provide phone coverage to the neighborhood to the south. Radio Frequency Radiation Assessment. AT&T wireless commissioned the preparation of a radio frequency radiation (RFR) assessment (Attachment 4) to determine the projected radio emission levels and compare them against the federal exposure safety standards. The report concluded that the project is within the federal safety standards for RFR exposure. In accordance with Federal law, local agencies are prohibited from regulating such facilities on the basis of the environmental effects of RF emissions if the emissions meet federal safety standards. Referral and Noticing In accordance with the recently revised ordinance, the plans and supporting documentation were referred to designated members of the TICC. TICC commissioner Peter Friedland responded (Attachrrient 5). He said: He strongly supported the project. The facility would be well concealed by its location in an industrial park and its tree camouflage. The facility meets federal safety standards for RF emissions and would address the single greatest cell phone coverage problem identcfied in last year's TICC survey. Public hearing noticing was mailed to a 1,000-foot radius of the project property. Enclosures: Attachment 1: Model resolutions for U-2008-03, EXC-2009-05 Attachment 2: Existing & Proposed Coverage Map Attachment 3: Photosimulations of treepole (2) Attachment 4: Radio Frequency Analysis, AT&T Mobility Site #CN3242 By Evan Wappel dated 6/11/09 Attaclunent 5: Email from Peter Friedland, TIC Commissioner Attachment 6: Plan Set Prepared by: Colin Jung AICP, Senior Planner 2-13 Colin Jung Attachment 4 From: Phillip Thomas [wirelessconsulting@sbcglobal.net] Sent: Wednesday, August 19, 2009 7:12 AM To: Colin Jung Subject: U-2008-03/AT & T Attachments: Utility Pole InstaII.JPG Colin Below is the response from the landlord at Results Way. Please contact Andrew Brown to discuss (Contact Info Below). Also, please have the attached photo available to put up on the big screen at the hearing (To address one of the Commissioners concerns). Thanks< Phillip Thomas AT & T Mobility Representative From: Andrew Brown [mailto:abrown@ecp-Ilc.com] Sent: Monday, August 17, 2009 3:57 PM To: Phillip Thomas Cc: Blake Reinhardt Subject: location of cell site Phillip- We do not want to move the cell site from the current location. However we do need to resolve some concerns regarding the compatibility of our existing and future underground utilities versus the AT&T cell equipment. Blake Reinhardt our Project Director has offered to work with AT&T to resolve this issue. Andrew C. Brown Director of Leasing Embarcadero Capital Partners LLC 1301 Shoreway Road, Suite 250 Belmont, California 94002-4151 650.292.4100 direct 650.373.1617 fax http://www.ec~-Ilc.com The Information in this email message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please email the sender and delete all copies. If this transmittal includes an attachment or document then the submission of same does not constitute an offer and is subject to further review and revision. A binding agreement wil! only exist when it is executed by duly authorized representatives from all parties, delivered, and approved by their respective counsel. 2-17 Colin Jung Attachment 5 From: Peter Friedland [peterfriedland@gmail.com] Sent: Friday, August 07, 2009 10:24 AM To: TICC Cc: Colin Jung Subject: AT&T Tower statement Wally, et. al., If I were able to be present at the Tuesday Planning Commission meeting representing our cellular sub-committee, this would be my statement: We believe the proposed new AT&T cellular "treepole" in the Results Way complex meets all the required safety and esthetic standards for such an installation. Moreover, this new facility addresses the coverage hole that was found in the TICC's 2007 survey to be the most important in Cupertino. At the time AT&T was the leading carrier in Cupertino with about a 45~ market share--given the growth of the iPhone, we believe this is .still likely to be true. Of the approximately 125 comments relating to poor coverage spots (made by the 614 responders to the survey), 65 singled out the Bubb corridor area that would be served by the new tower. The current coverage situation for AT&T customers in the Bubb corridor is still very poor. From the personal experience of one of our members as a homeowner in that area, we can attest to poor to non-existent signal at many spots, dropped calls when there is signal, and poor audio quality throughout. Beyond being an inconvenience, this is a safety hazard, both for individuals in reporting accidents and for emergency responders, particularly in the hilly areas of the Bubb corridor. For those reasons, the TICC strongly supports the City staff recommendation to approve the proposed new facility. Peter Email secured by Check Point 1 2-18 coin ~unp Attachment 6 From: Traci Caton on behalf of City of Cupertino Planning Dep. Sent: Wednesday, August 19, 2009 5:04 PM To: Gary Chao; Colin Jung Cc: Aarti Shrivastava Subject: FW: Horrible cell phone reception! FYI - I will put a copies of this in the AB binder and also for each planning commissioner. I will fw this to the planning commissioners via e-mail now O `-~ Think before you print. 10 fewer pages/week/employee = 3619 trees saved You are the Difference -Reduce, Reuse, Recycle From: C. Phillips [mailto:cephil@hotmail.com] Sent: Wednesday, August 19, 2009 4:47 PM To: City of Cupertino Planning Dept. Subject: Horrible cell phone reception! Dear Planning Commission: I live on Rucker Drive and the cell phone reception is unacceptable. Sometimes there is NO SIGNAL, and other times,I am often forced to wander my front yard and driveway (in all kinds of weather) or hang out of a second story window in an attempt to use my phone. I feel my personal communications are overheard by all by neighbors! It sounds like it may be difficult to find a solution to the cell phone problem in my neighborhood, but I would ask you to continue to work on finding a solution. Not having dependable cell phone use in Silicon Valley is unacceptable. Often we have NO signal, and important calls are dropped or cut off. I would feel compelled to disclose this problem if I were to sell my home, and obviously this condition is negatively affecting the value of the properties in my neighborhood. All citizens of our city should have equal access to decent cell phone communication. Thank you. C. Phillips Windows Live: Keep your friends up to date with what you do online. Find out more. 1 2-19 Colin Jung From: Traci Caton on behalf of City of Cupertino Planning Dept. Sent: Tuesday, August 11, 2009 4:10 PM To: Colin Jung; Gary Chao Cc: Aarti Shrivastava Subject: FW: APPLICATION NO U-2008-03, EXC-2009-05 FYI `,'~ Think before you print. 10 fewer pages/week/employee = 3619 trees saved. You are the Difference -Reduce, Reuse, Recycle From: Tsai Margaret [mailto:Tsai_Margaret@cusdk8.org] Sent: Tuesday, August 11, 2009 10:58 AM To: City of Cupertino Planning Dept. Cc: Tsai Margaret Subject: APPLICATION NO U-2008-03, EXC-2009-05 Dear Sirs: I have few questions about this facility. 1. Why AT & T get exception, all the residents in the Cupertino have to follow the restriction? 2. All the council members have already taken action to GREEN of Cupertino. This facility is not the "GREEN". Further more this facility will damage to our environment. 3. AT& T should give our neighborhood more information instead of directly put an application into city of Cupertino. Let us feel that big company like AT&T just wants to make profit and did not care about our environment or impact of our daily life. 4. Once this facility is been damaged by nature such storm or earthquake will cause worst damage to people and neighborhood. I believe that AT &T won't step in to help our neighborhood. It will cause city huge liability to help us. Please take our safety issue to be considered. 5. We have lot of children in our neighborhood and they walk to home everyday. I just don't want any child been harass by AT& T contractor in the future if city approved this facility. Planning committee should put environment, safety, and health is first priority instead of profit of AT & T. Let us love our earth, our city, our neighborhood and our home. Health and safety should be above some kind of convenience. Please reconsider this facility and all neighbors will appreciate your effort for us. 1 2-20