EXC-2014-06b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE:(408)777-3223•FAX: (408)777-3366
January 21, 2015
Re: Subject: Appeal of a Planning Commission approval of a personal wireless service
facility at Cupertino High School (Continued from December 16, 2014); Application
No(s): DIR-2014-27, EXC-2014-06; Applicant(s): NSA; Wireless/Verizon Wireless
(Fremont Union High School District); Appellant(s): Muzhou Shao, Huijing Cao,
Luwen Lin; Location: 10100 Finch Ave.
At its January 20, 2015 meeting, the Cupertino City Council took the following action:
Denied the appeal of the Planning Commission's August 26, 2014 approval of a
personal wireless service facility at Cupertino High School
Any interested person, including the applicant, prior to seeking judicial review of any
adjudicatory decision of the City Council, must first file a petition for reconsideration
with the city clerk within ten days after the date of mailing of this notice. Any petition
filed must comply with Municipal Code §2.08.096. The last day to file a petition for
reconsideration is February 2, 2015.
Sincerely,
���-G- � `_
Kirsten Squarcia
Deputy City Clerk
cc: City Attorney
Planning
Muzhou Shao
Huijing Cao
19132 Twig Ln.
Cupertino, CA 95014
Luwen Lin
18960 Barnhart Ave.
Cupertino, CA 95014
NSA Wireless
Attn: Pam Nobel
2010 Crow Canyon Pl. #355
San Ramon, CA 94583
Mr. Erik Walukiewicz
Director of Facilities
Fremont Union High School District
589 W. Fremont Avenue
Sunnyvale, CA 94087
Verizon Wireless
2875 Mitchell Dr.
Walnut Creek, CA 94598
City of Cupertino
, ,, 10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C U P E RT 1 N O FAX (408) 777-3333
Community Development Department
August 27, 2014
NSA Wireless
Atin: Pamela Nobel
2010 Crow Canyon Pl. #355
San Ramon, Ca. 94583
SUBJECT: PLANNING COMMISSION ACTION LETTER—DIR-2014-27, EXC-2017-06
This letter confums the decision of the Planning Commission, given at the meeting of August 26, 2014,
approving a Referral of a Director's Minor Modification to allow the construction of a personal wireless
service facility consisting of six (6) panel antennas mounted on an existing sports filed light pole, a base
equipment station located in a sports filed building, and an emergency generator locates in a fenced
area on a concrete pad at a high school and a Height Exception to allow antennas of a proposed
personal wireless service facility to be mounted at a maximum height of 74 feet, 6 inches or less on an
existing sports filed light pole at a high school (Cupertino High School), located at 10100 Finch Avenue,
according to Planning Commission Resolution No.(s) 6758 and 6759.
Please be aware that if this Permit is not used within a ten-year period, it shall expire on August 27,
2024.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
C��
coi�J,�
Senior Planner
City of Cupertino
Enclosures: Resolution 6758 and 6759
CC:Fremont Union High School District,Attn:Eric Walukiewicz,589 W Fremont Ave,Sunnyvale Ca 94087
Verizon Wireless,2875 Mitchell Dr,Walnut Creek Ca 94598
EXC-2014-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6759
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HEIGHT
EXCEPTION TO ALLOW ANTENNAS OF A PROPOSED PERSONAL WIRELESS SERVICE FACILITY
TO BE MOUNTED AT A MAXIMUM HEIGHT OF 74 FEET 6 INCHES OR LESS ON AN EXISTING
SPORTS FIELD LIGHT POLE AT A HIGH SCHOOL LOCATED AT 10100 FINCH AVENUE
SECTION I: PRO�ECT DESCRIPTION
Application No.: EXC-2014-06
Applicant: Pamela Nobel (for Verizon Wireless)
Location: 10100 Finch Avenue
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 19.136 occurs, 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 to provide adequate coverage for wireless voice and data communications for the
school and the surrounding existing and new residential and office complexes in this Cupertino
neighborhood and the visual presence of the almost 92-foot tall sports field light pole does not
change regardless of whether the antennas are mounted at 55 feet or 74 feet 6 inches;
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 radio frequency energy
emissions and noise have been studied and found to be far below federal safety standards and city
standards respectively. The facility improves the general welfare by providing additional and
alternative communications infrastructure for emergency communications;
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-2014-06 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-2014-06, as set forth in the
Minutes of the Planning Commission Meeting of August 26, 2014, and are incorporated by reference
herein.
Resolution No.6759 EXC-2014-06 August 26,2014
Page 2
---------------------------------------------------------------------------
---------------------------------------------------------------------------
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "Verizon Wireless/Cupertino High School PSL#: 278118/10100
Finch Avenue/Cupertino, CA 95014" prepared by Diamond Engineering Services dated 07/02/14 and
consisting of twelve sheets labeled Gl, C-1, A1, A1.1, A2 through A7, AD1 and AD2, 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 26th day of August 2014, at a regular meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Gong
NOES: COMMISSIONERS: Sun,Takahashi
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/Paul Bro�hy
Gary Chao Paul Brophy, Chair
Assist. Director of Community Development Planning Commission
G/planning/pdreport/res/2014/EXC-2014-06 res.doc
� •
or a 1 lona
.
n or�na 1 on
ee 1 e
� o �-