112-K. CC Action Letter dated 1/6/11.pdfATTACHMENT K
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
January 6, 2011
Re: Appeal of an approval of a wireless service facility on Results Way
At its January 4 meeting, the Cupertino City made the following action:
Denied the appeal, required the conditions as recommended by the Planning Commission, and
added the following conditions to the Planning Commission resolution: (1) plant additional
screening trees at the northern property line to screen the treepole from the astoria townhome
development; (2) require berming and plant at least two 36" box, coastal redwoods blue aptos
variety on the berm on either side of the monopole to screen it; (3) improve irrigation around the
trees to ensure proper growth; (4) remove and replace trees with dead tops; (4) adequately
maintain and water the trees in the parking lot; (5) require an annual status report on the trees by
a certified arborist for three years from the date of the tree planting; (6) require that tree planting
conform with the approved development plans of the results way office park; (7) allow a
monetary cap of $75,000 for the berming and tree planting required in the added conditions.
The Use Permit conditions are as follows unless amended above:
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
08/31/10 and consisting of seven sheets labeled T-1, A-0 through A-3, A-1.1 and C-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 fizrther notified that the 90-day approval period in which you may protest these fees,
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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.
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.
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 shall be wrapped with a faux bark and any antenna 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.
F 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.
8. TREE REPLACEMENT
The removed trees are to be replaced with three (3) 24" box Coastal Redwoods in the
northwest corner of the property. Final locations shall be reviewed and approved by the
U-2010-03 January 6, 2011
Director of Community Development prior to issuance of building permits. Applicant shall
provide a letter from a landscape architect, certifying that the newly planted trees are in good
health and the irrigation system is operating properly to maintain the trees. In addition, the
final landscaping plan shall confirm that the existing irrigation systems are operating properly
in order to service the existing and new trees in the area.
9. TESTING OF RADIO FREQUENCY (RF) LEVELS
Radio frequency levels will be monitored and tested annually for a period of three (3) years
from the date of the final occupancy approval. The result of these tests will be made available
to the Planning Department and the FCC for review. The City reserves the right to perform
code enforcement actions and/or revoke this use permit if the results show RF levels
inconsistent with the federal standards.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, 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.
Any interested person, including the applicant, prior to seeking judicial review of the City
Council's decision in this matter, must first file a Petition for Reconsideration with the City
Clerk within ten days after the mailing of the notice of the Council's decision. Any petition so
filed must comply with Municipal Ordinance code §2.08.096.
Sincerely,
C—
_:�:,
Grace Schmidt
Deputy City Clerk
cc: Community Development
Trillium Telecom
Allen Wang, Grace Chen, Guo Jin Attn. Scott Longhurst
10170 Imperial Avenue 7901 Stoneridge Drive, Suite 503
Cupertino, CA 95014 Pleasanton, CA 94598