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104-C. PC Staff Report dated 9/14/10.pdfATTACHMENT C OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE ® CUPERTINO, CA 95014-3255 (408) 777-3308 - FAX (408) 777-3333 ® planning@cupertino.org PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda bate: September 14, 2010 Application: U-2010-03, EXC-2010-04, TR-2010-31 Applicant: Dave Yocke, Trillium Telecom (for AT&T Mobility) Property Owner: ECI Two Results, LLC Property Location: Results Way Application Summary: Use Permit (U-2010-03) request to allow a personal wireless service facility, consisting of twelve panel antennas mounted on a 74-foot tall monopine and associated base equipment located at the Results Way office park. Height Exception (EXC-2010-04) request to allow antennas to be mounted on a monopine at a height of 67 feet or less where 55 feet is allowed. Tree Removal (TR-2010-31) request to allow the removal and replacement of four Coastal Redwood trees associated with the proposed personal wireless service facility. Staff recommends that the Commission: 1. Approve the use permit (U-2010-03) with additional design conditions per the model resolution; 2. Approve the height exception (EXC-2010-04) per the model resolution; and 3. Approve the tree removal (TR-2010-31) per the model resolution (Attachment 1). Property Zoning: Allowed Height: Height of Monopine: Height of Antennas: Required Setback: Proposed Setback: Planned Development - Light Industrial - P(ML) 55 feet 74 feet (measured from grade to foliage top) 67 feet max. (measured from grade to top of panels) 75 feet (to residentially zoned property line) 334 feet to Imperial Ave. residence Dave Yocke (for AT&T Mobility) U-2010-03, EXC-2010-04 September 14, 2010 Page 2 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- 246 feet to Olive Ave. residence 207 feet to Astoria townhouses Environmental Determination: Categorical Exemption Proposed Project The applicant, Dave Yocke (representing AT&T Mobility) is proposing a personal wireless service monopine located in the westerly landscape strip of the rear parking lot of the Results Way Office Park (see aerial diagram below). The monopine consists of twelve panel antennas arranged in two racks of six antennas on a simulated pine tree pole. Associated base equipments are located within a fenced enclosure near the base of the pole. The monopine will be designed for collocation so that more antennas and base equipment may be added by other wireless carriers in the future. Any future addition to the monopine will require additional radio frequency energy analysis to confirm that the cumulative emission exposures are below Federal safety limits. The project site is surrounded by mainly office and industrial land uses. The nearest residential property is approximately 207 feet to the north. Dave Yocke (for AT&T Mobility) U-2010-03, EXC-2010-04 September 14, 2010 Page 3 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- Previous Application Approximately one year ago, the Planning Commission reviewed a similar application (U-2008-03, EXC-2009-05) for a six -antenna monopine with provisions for a future expansion or collocation. That proposal was withdrawn when AT&T changed its applicant/contractor. The new applicant has submitted a new monopine proposal consisting of six more antennas (a total of 12) compared with the original application. The new monopine is located approximately 170 feet north of the original location on the same property Coverage Demand In 2007, the City's Technology, Information and Communications Commission (TICC) conducted an on-line survey of residents and workers to identify cell phone usage and issues in the City. 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 by survey respondents. The existing and proposed AT&T phone coverages are depicted in Attachment 2. The Santa Clara County Sheriffs has also submitted a letter noting the importance of improving wireless communications coverage throughout the city in order to improve law enforcement communications and effectiveness (Attachment 3). Site Location The AT&T monopine is proposed in the westerly landscape strip of the office park which has numerous tall and large trees to the south and smaller trees to the north. The proposed location is 2.75 times the required 75-foot setback from a residentially zoned property. Treepole and Enclosure Appearance The appearance of the monopine will be comparable to modern tree pole designs, such as the one located at 10121 Miller Avenue, Cupertino. The tree design includes: ® Faux bark cladding ® An artificial pine branch structure that will resemble a tree and obscure the antenna racks ® Pine needle covers that will obscure the panel antenna even further (See photosimulations, Attachment 4) Sample actual AT&T monopine proposed at Results Way, Cupertino Dave Yocke (for AT&T Mobility) U-2010-03, EXC-2010-04 September 14, 2010 Page 4 Even though there are many tall, mature trees in the office park's westerly landscape strip, the immediate project vicinity is occupied with smaller stature trees, which makes it more challenging to blend in the project. In order to achieve a more natural and realistic tree image and enhance the equipment screen wall (12-foot concrete block wall), staff is recommending the following conditions of approval: ® 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 monopine shall be designed with a more conical form and the the bottom half of the tree foliage should be more dense in order to simulate the shape of a real pine tree ® The upper six feet of 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 to help the monopine blend in with the existing landscaping. Height Exception Request The applicant is proposing a maximum height of 67 feet for the antennas and 74 feet for the monopine, where 55 feet is allowed by the Wireless Ordinance. The extra height is needed because the rear grade of the office park is approximately 19 feet lower than the grade at McClellan Road. According to 19.108.100 of the City's Wireless Ordinance, an exception may be granted by the Commission for an antenna exceeding the maximum height limit where practical difficulties exist. According to the applicant's engineer, given the project's unique topography, the antennas need the extra height to "see" over the tops of the adjacent office buildings to provide phone coverage to the neighborhood to the south. The extra pole height is also needed to allow for a potential collocation by another wireless carrier on the same pole. Staff supports the proposed height exception given the reasons mentioned above and the fact that the City has previously approved similar height requests for similar reasons. Radio Frequency E� neWj Assessment AT&T Mobility commissioned the preparation of a radio frequency energy (RFE) assessment (Attachment 5) to determine the projected radio emission levels and compare them against the federal exposure safety standards (that is, PCS: 1.0 mW/cm2; Cellular: 0.58 mW/cm2). The report concluded that the project is within the federal safety standards for RFE exposure with estimated exposures as follows: Dave Yocke (for AT&T Mobility) U-2010-03, EXC-2010-04 September 14, 201C Page 5 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- RF Energy Exposure Context % of Maximum Permissible Exposure Ground level (AT&T facility only) 0.62% Ground level (AT&T & existing Sprint-Nextel) 0.75 % Roof of Building to the west 3.2% 2nd Floor Elevation of nearest residence 0.93 % It should be noted that per 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, such as stated above. Alternative Site Anali Lis Since 2005, AT&T/Cingular has sought to provide better wireless communications coverage to the Monta Vista area with the following outcomes: Site # Site Location Outcome 1 Monta Vista H.S. gymnasium Building -mounted antennas approved by Planning Commission in 2005. Later FUHSD & AT&T declined to proceed with lease due to _parent opposition. 2 Lands of Union Pacific Rail Cingular (purchased by AT&T) was interested Roads (UPRR) near Bubb Rd. in a monopine proposal. Appeal of Commission denial was withdrawn because conflict with SCVWD easement made project undevelo able. 3 Results Way frontage parking Initial 2008 AT&T proposal (file no. U-2008-03) lot near McClellan Road rejected by staff because of lack of abutting landscaping and visibility to McClellan Road. 4 Results Way office building Determined to be infeasible by AT&T for lack roof near McClellan Road of adequate building height & accessibility by service personnel. 5 Results Way east side of rear Determined to be infeasible by property parking lot near UPRR owner. Area planned for new underground railroad tracks. utilities (i.e. water, sewer & storm drainage) to serve approved, future development. 6 Results Way west side of rear Project was continued indefinitely by the parking lot near Imperial Planning Commission in 2009 because of Avenue (U-2008-03) disagreement between property owner and applicant. Project was later withdrawn when applicant changed. Site is located in a utility easement. 7 Results Way westerly rear Current proposal parking lot near Imperial Dave Yocke (for AT&T Mobility) U-2010-03, EXC-2010-04 September 14, 2010 Page 6 Avenue The above alternate sites were either reviewed at a public meeting or discussed with staff in the context of project review. They are depicted on a map ® see Attachment 6. The applicant has also look at other sites in the area and those are outlined in Attachment 7. Comments from the TICC In accordance with the wireless communications facilities ordinance, the plans and supporting documentation were referred to designated members of the TICC. TICC provided the following comments (Attachment 8): ® The RF study was properly done and demonstrates that RF exposures are below federal safety standards. (Staff notes: antennas are not proposed at 35 feet. This is a possible collocation opportunity that still must undergo RF energy analysis when a proposal is submitted.) ® The monopine design provides adequate camouflage for the cell tower. Its location in an office/ industrial park will make it even less noticeable and should not adversely impact the neighborhood. ® The facility will greatly benefit Cupertino residents as this area is known as a major gap in AT&T's wireless coverage of Cupertino. Public Hearing Noticing The project property has not changed, so the public hearing noticing has been mailed to the same property owners within 1,000-foot radius of the project property boundaries. An earlier courtesy notice was emailed on August 24, 2010 to interested parties who provided an email address on the former applications. Staff understands that AT&T has sent additional noticing to its customers in the area. Staff has received nearly forty email messages about this project. The majority of the writers support a new AT&T cell phone tower in the Monta Vista area to improve cell phone coverage (Attachment 9). Tree Removal Four (4) six inch diameter Coastal Redwoods in the westerly landscape strip are proposed for removal as part of the project. The removal of the four redwoods is necessary in order to facilitate the proposed monopole and associated base equipments/enclosure. Staff recommends that the four redwoods be replaced with three (3) new 24-inch box Coastal Redwoods planted in the northwest corner landscape strip. Staff is also recommending that the irrigation system be rehabilitated by the applicant to ensure that the new trees and the existing trees in this area thrive. Dave Yocke (for AT&T Mobility) U-2010-03, EXC-2010-04 September 14, 2010 Page 7 Prepared by: Colin Jung AICP, Senior Planner Reviewed by ,;� yPlanner ATTACHMENTS Approved by Aarti Shrivastava Community Development Director Attachment 1: Model resolutions for U-2010-03, EXC-2010-04, TR-2010-31 Attachment 2: Existing & Proposed Coverage Maps Attachment 3: Santa Clara County Sheriff's letter dated June 23, 2010 Attachment 4: Photosimulations of treepole (3) Attachment 5: Statement of Hammett & Edison, Inc.: AT&T Mobility, Proposed Base Station (Site No. CN3242A), Results Way, Cupertino, California dated August 20, 2010 Attachment 6: AT&T Facility Alternate Sites Aerial Map Attachment 7: Alternate Site Analysis provided by applicant Attachment 3: Communications from TIC Commissioners Attachment 9: Emails from residents and workers in Cupertino Plan Set G:\ Planning\ PDREPORT\ 2010ureports\ U-2010-03, EXC-2010-04, TR-2010-31.doc