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CC 01-20-2015 Exhibit, Item No. 15 Appeal of Planning Commission Approval of Cell TowerC' C, /l2.011S- CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: City Council From: Colin Jung, Associate Planner Date: January 20, 2015 Subject: Supplemental Staff Report for the Appeal of the Planning Commission Approval of DIR-2014-27 and EXC-2014-06 (Verizon cell tower proposal for Cupertino High School) Tonight January 20, 2015, the Council will hear an appeal regarding the Verizon cell tower at Cupertino High School under agenda item 15. Staff continues to recommend that the cell tower should be allowed to proceed, which would be a denial of this appeal. On January 15, 2015, the United States Supreme Court in T -Mobile South, LLC. v. City of Roswell, Georgia reinforced the law that a denial must be in writing and contain the facts to support the decision. In light of the ruling, two forms of motion are provided: Motion Option 1: If the decision is to ALLOW the cell tower application, as recommended in the original staff report, the motion should be as follows: "I move to deny the appeal of the Planning Commission's decision as contained in Resolution 6758, and 6759, and uphold those resolutions for the reasons stated in the City Council Staff report, and otherwise in the record." Motion Option 2: If the decision is to DENY the cell tower application, the motion should be as follows: "I move to grant the appeal of the Planning Commission's Resolutions, and deny the application based upon the following grounds: STATE ALL REASONS FOR DENIAL (Or ask for a recess to compose) I further move to direct staff to prepare a written notice of decision with the reasons for denial, and provide the administrative record (including a link to the video of this hearing) to the applicant as soon as possible." Karen B. Guerin From: Luke Qiao <jygiao@gmail.com> Sent: Tuesday, January 20, 2015 2:52 PM To: City Council Subject: Wireless tower on Cupertino high school Dear Sir/Madam, I am Cupertino resident. Please do not approve anyone to build wireless tower in any Cupertino schools. Thanks, Jinyuan Karen B. Guerin From: Hailing Li <hailingli@yahoo.com> Sent: Tuesday, January 20, 2015 12:49 PM To: City Council Subject: Against cellphone tower to be built at Cupertino Highschool Karen B. Guerin From: Lijuan Wang <jennywangre@gmail.com> Sent: Tuesday, January 20, 2015 12:54 PM To: City Council Subject: Against the idea of building cell phone tower in Cupertino high school. Hi, I am a Cupertino resident and I against the idea of building a cell phone tower in Cupertino High School. Please count my opinion in. Thanks, Lijuan Wang 10241 miller ave, Cupertino 95014 Karen K. Guerin From: Lijuan Wang <wanglj@stanford.edu> Sent: Tuesday, January 20, 2015 1:43 PM To: City Council Subject: Againest the idea of cellular tower in Cupertino High School Dear city council, I am a cupertino resident. I've heard tonight is the time to vote for the decision of whether to build the cellular tower in Cupertino High School. I strongly against the idea of building the cellular tower in Cupertino High School. Please count my opinion in. Thanks, Jenny Wang Karen B. Guerin From: Feng Ye <f-ye@yahoo.com> Sent: Tuesday, January 20, 2015 1:38 PM To: City Council Subject: No cell tower in CHS Hello city council members, I have been living in Cupertino for more than 10 years and I vote every time. My mom -in-law will have surgery this afternoon so I probably won't be able to attend the hearing tonight regarding the cell tower in CHS. So I write this email to express my concern about this tower. The biggest concern is that it poses a big safety threat due to the fact that a backup generator is needed. It contains hazards material (gas, or diesel, or lead), and poses fire danger. I am sure you agree that no one can't bring guns to school, what about ammunition? Can someone build a safe room and store ammunition there? It's the same case with gas or diesel. Also pls refer to this link, cell phone tower caught fire on 2014/7/15: http://www dispatch com/content/stories/local/2014/07/15/0715-grandview-cellphone-tower-fire.htmI It's better for it to build in a public open space where more adults are around, like a park, or office building. Also, the city has height restriction, I don't understand why the city is so easy to make exceptions. This really gives the impression that if you have money you can get exception. Frankly I have no confidence at all to the city council. After the bike accident, I have spoke in meeting, attended the safety workshop, marked the place I would like to change in the map (there's a place in CHS that really should be a 3 way stop sign), and I don't see any change. I hope the new council would show some good actions! Feng Karen B. Guerin From: Li Chen <applepeach168@gmail.com> Sent: Tuesday, January 20, 2015 1:40 PM To: City Council Subject: NO wireless antenna tower in CHS To Whom It May Concern, I am a Cupertino resident who live close to Cupertino High. I am a Verizon subscriber for many years and never feel that the wireless coverage is low. I oppose Verizon's cell -tower proposal. Please stop it!! Thanks, Li Karen B. Guerin From: Colin Jung Sent: Tuesday, January 20, 2015 1:34 PM To: City Council Cc: David Brandt; Carol Korade; Aarti Shrivastava; Gary Chao Subject: Announcement from FUHSD on the Cupertino High School cell tower proposal Council members had requested a letter from the high school district explaining its pursuit of a Verizon cell tower at Cupertino High School. Planning staff has not received a letter, but this public announcement on the FUHSD website should answer your questions. http://www.fuhsd.org/cms/news item?d=x&id=1419999852001&group id=1216320361749&return url=14217889899 12 After the City Council decision, FUHSD plans to have a public hearing on the cell site lease sometime in February 2015. Colin Jung Community Development Dept. Fremont Union High School District: News skin Page 1 of 2 Search: I I Go • Home • Board of Trustees • District Information • Departments & Services • Schools & Programs • Students & Parents • Bond Program Calendars Coin p I aints/Pub lic InputContact UsDirectoryDistrict Boundary MapsFeature ArticlesFeatures ArchiveLocal Control NewsNondiscrinnination PolicvOrganizational BeliefsPress ReleasesPublicationsSchool Accountability ReportsSchool PlansElection Info 2014 High School CampusesCollege NowConcurrent EnrollmentMiddle CollegeAdult & Community EducationSummer School 2014 Annual NotificationsCourse Information and Graduation RequirementsCollege & Career PlanningCommunity Advisory CommitteeCommmnity LinksEnWish LeamersPTA CouncilResources for ParentsResources for StudentsSpecial ServicesTranslation Help Bond ProgramCitizens' Oversight Comm itteePIPHistory of FUHSD Bonds News Verizon Cell Tower Update Verizon recently contacted the Fremont Union High School District with a request to add a new cell tower at Cupertino High School. This request was initiated because of the need to provide improved cell phone coverage in Cupertino which is essential, especially in the event of an emergency situation at a school or in the local area. Cell phones are often the most effective means of communication during an emergency and school administrators depend upon cell phones receiving a strong signal in order to communicate with parents, students, staff, and emergency services personnel. Verizon's request to install a new cell tower at Cupertino High School will be considered by the Cupertino City Council at their January 20, 2015 meeting. If the Cupertino City Council approves the request the matter will then be included at a future meeting of the Board of Trustees of the Fremont Union High School District. If approved by the FUHSD Board of Trustees this new equipment would supplement the existing cell equipment currently located at Cupertino High School. The Fremont Union High School District leases space for cell equipment throughout the school district and this equipment facilitates communication within the schools and communities that FUHSD serves as well as provides revenue to the Fremont Union High School District. If you are interested in learning more about the health aspects of cell towers click here to read an article from the American Cancer Society and click here to read an article from the Federal Communications Commission. Posted by: Sue Larson Audience: Homepage © 2014-2015 Fremont Union High School District Powered by School Loop contact School Loop User Agreement Pdvacy Notice Staff Login 1 Select Language Published: 1/6/15 RSS Feeds She Map http://www.fuhsd.org/cms/news—item?d=x&id= 141999985200 1 &group_id=12163203617... 1/20/2015