111-J. Reconsideration Petition filed 1/18/11.pdfATTACHMENT J
10192 Imperial Ave.
Cupertino, CA 95014
January 18, 2011
Office of the City Clerk
City Hall
10300 Torre Ave
Cupertino, CA 95014
HD 19 (�� N 0 \vj [g
JAN 1 8 2011 D
CUPERTINO CITY CLERK
RE: Petition for Reconsideration of Appeal of an Approval of a Wireless Service Facility on
Results Way, dated January 6, 2011.
To the Members of the City Council:
Astoria residents are moving out
The result of the approval of the use permits, U-2010-03, EXC-2010-04, and TR02010-31, has
led to an exodus of selective residents of Cupertino's Astoria townhome complex. Most recently,
there has been an explosion of sale listings in the Astoria townhomes (south complex), that which
is closer to the rear parking lot of the Results Way office park. Homes bordering the south
perimeter of the Astoria complex will have a clear unobstructed view of the personal wireless
service facility, consisting of 12 panel antennas mounted on a 74-foot tall monopine (and
associate equipment located at the Results Way office park). A solitary 74-foot tall monopine
will tower above small stature trees in a desolate parking lot once installation is complete.
Though not substantiated, underlying reasons for the sudden influx of sale Iistings particularly in
the south complex is due to the likelihood of a personal wireless service facility nearby.
The hasty departures of members of the Astoria community call for the urgency for Cupertino
City Council to reconsider its decision of the appeal of AT&T's use permits, and to clarify and
reconsider the following points:
Point 1: The need for an integrated landscape plan.
With the imminent installation of the 74-foot tall monopine, it is clear that any landscaping plan
in the Results Way office park follow strict aesthetic guidelines of visually integrating and
retaining a natural appearance of the environ.
The letter, relating to the appeal, from the Office of the City Clerk, dated January 6, 2011,
numerates additional conditions to the Planning Commission resolution (Letter, dated January 6,
2011, paragraph 1). As residents of the Astoria townhomes, we request to add and include the
following:
Confirm the "additional screening trees at the northern property line" will conform to that
of the approved re -development plans of the 19.8 acre Results Way office park (ASA-
2008-05, M-2008-03, TR-2008-06), approved by the City Council, on September 17,
2008, and any revisions or modifications to the redevelopment plans thereafter.
Landscape plans on the Results Way that which is intended to visually integrate and to
retain a natural appearance of the wireless service facility are unclear and need to be
further clarified and explained in detailed. Complete and full landscape plans, relating to
such, should be made available for public viewing and open for review by the appellants.
Point 2: A lump sum of S30 000 to be appropriated to Astoria HOA
That, as a result of AT&T personal wireless service facility to be located in the rear parking lot of
the Results Way office park, that an additional monetary cap of $30,000, is to be allocated for use
on the adjacent property of the Astoria townhomes, for the specific use along Astoria's south side
of the property, on the items listed below, but not limited to:
For the use of labor and materials to install additional irrigation and plantings of
additional screening trees, along the south side of the Astoria townhome property;
For the installation of additional fencing, along the south side of Astoria townhome, that
which borders the adjacent light -industrial commercial areas, so to create a more visual
separation of the residential and the light -industrial commercial areas; and,
That which the Astoria Homeowners Association deem necessary and relevant as a direct
result of the adjacent AT&T personal wireless service facility.
Payment is to be deposited with Astoria Homeowners Association, and to be further directed for
the use, that which stated above, by its Board of Directors.
Point 3: Re -negotiate with FUHSD of lease opportunities at Monta Vista H.S.
The best -fit location of an AT&T personal wireless service facility, that will greatly improve
areas in Monta Vista having poor or inadequate wireless service coverage, is that of the set of
already approved permits (by the Cupertino Planning Commission in 2005), of building -mounted
antennas on Monta Vista H.S. gymnasium. Regretfully, AT&T did not proceed because of
withdraw of lease agreement by the Fremont Union High School District (FUHSD).
Since 2005, there have been installations of cell towers in the Fremont Union High School
District, specifically at Fremont High School, Sunnyvale, and at Cupertino High School,
Cupertino. Moreover, at the Fremont Union High School District Regular Meeting of the
Governing Board, on January 4, 2011, the board discussed and considered the approving and the
lease and construction of a new cell tower at Lynbrook High School, San Jose.
More than five years have passed since AT&T had approached the Fremont Union High School
District regarding lease opportunities on Monta Vista High School. Given FUHSD recent
approvals of cell towers at other high schools in the district, now is the time to re -consider the
possibility of antennas on the Monta Vista H.S. property.
AT&T should re -negotiate with FUHSD of leasing of Monta Vista H.S. AT&T should verify that
what deem impossible is actually possible because criteria used in the past may have evolved.
AT&T should seek to substantiate that the only viable alternative is the less desirable rear parking
lot in the Results Way office park.
Point 4: Alternative site location of personal wireless service facility in Monta Vista
We are in preliminary discussion with property owner(s) on nearby Bubb Road, with specific
address of 10340 Bubb Road and 10420 Bubb Road. We initiated talks with the property owners
to explore the leasing of space on the property to AT&T for a personal wireless service facility
and that does not involve applying for parking exception permits.
2
The alternative site should have similar or better criteria as compared to the existing solution and
have even less impact to the nearby residents. We ask that the City Council grant us additional
time allowance as we confer with the property owners and the related committees.
Summary
We would like to work collaboratively with AT&T to find mutually beneficial solutions. The
best outcome is for everyone to come away from the table happy with the results and a WIN -WIN
for all parties involved.
We ask that the City Council modify its decision, as explained in the Letter from the Office of the
City Clerk, dated January 6, 2011, with particulars to the points cited above.
To highlight the key points:
■ We ask that we take part in the review of the landscaping plans of the Results Way office
park, so that is cohesive and integrating with the surroundings;
■ We have been presented with a signed agreement between AT&T and Astoria
Homeowners Association;
■ We can help in facilitating in the approval of the lease agreement of Monta Vista H.S. by
the FUHSD; and
■ We have the opportunity to submit, in writing, of a willing property owner to lease
AT&T space adequate for a personal wireless service facility.
Sincerely,
Grace Chen
10192 Imperial Ave.
Cupertino, CA 95014
Email: zy�hen@yahoo.com
Cellphone: 808-206-5175
/Guo J