EXC-2014-12b , __ ._:`
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OFFICE OF THE CITY CLERK
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CITY HALL �
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT I lri O TELEPHONE: (408) 777-3223• FAX: (408)777-3366
To: Planning Department
From: Kirsten Squarcia
Re: Subject: Consideration of Lease with Verizon Wireless for a cell tower to be Iocated on
the Civic Center Property (10300 Torre Avenue) and conduct a public hearing on an
appeal of the Planning Commission's decision to provide Verizon with a development
permit, site approval, and height exception for the Civic Center cell tower and any
actions necessary for CEQA. A. Proposed Lease with Verizon Wireless for a cell tower
to be located on the Civic Center Property (Torre Avenue), subject to the terms of any
City-issued permits; and B. Appeal of the Planning Commission s approval of an
, Architectural and Site application for a personal wireless service facility consisting of '
6 panel.antennas mounted on a tree pole designed for collocation and an enclosed
� - base equipment station and emergency power generator; a Development Permit to
allow a personal wireless service facility consisting of 6 panel antennas mounted on
an 80-foot tall tree pole designed for collocation and an enclosed base equipment
station and emergency power generator; and a Height Exception to allow 6 panel
antennas to be mounted at a height of 66 feet on an 80-foot tall tree pole, where 55 feet
is allowed for a wireless communications facility at Cupertino City Hall (Applicant(s):
Jenny Blocker (Verizon); Appellant: Lei Wang; Location: 10300 Torre Ave.; APN #369-
31-033)
Date: October 13, 2015
At its October 6, 2015 meeting, the Cupertino City Council took the following action:
DID NOT ADOPT RESOLUTION N0. 15-086 TO DENY THE APPEAL AND UPHOLD
THE PLANNING COMMISSION'S DECISION PER RESOLUTIONS #6786, #6787
AND #6788 (SINKS AND WONG VOTING YES, PAUL VOTING NO, CHANG
ABSENT, AND VAIDHYANATHAN IZECUSING). (AS A RESULT OF THE MOTION
FAILING,THE PLANNING COMMISSION DECISION WAS UPHELD).
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CONTINUED NEGOTIATION AND EXECUTION OF A LEASE AGREEMENT WITH
VERIZON FOR CELLULAR WIRELESS SERVICE AT THE CIVIC CENTER WITH
THE FOLLOWING DIRECTION TO STAFF AND THE APPLICANT (CHANG
ABSENT AND VAIDHYANATHAN RECUSING):
• ALLOW THE APPLICANT TO RUN TESTS AT A POLE HEIGHT OF 55 FEET
AND UP TO 65 FEET IN ORDER TO DETERMINE THE MINIMUM HEIGHT
REQUIREMENT FOR THE ANTENNA ARRAY .
• CONTACT AT&T TO SEE IF THEY CONTINUE TO BE INTERESTED AND
GET THEIR INPU'I' ON THE TWO POTENTIAL SOLUTIONS: (1) LOCATE ,
THE ANTENNA ARRAY ABOVE THAT OF VERIZON ON THE.PROPOSED
TREE POLE; OR (2) BUILD ANOTHER TREE POLE IN THE "SAME AREA AT
THE MINIMUM HEIGHT REQUIRED.
• BRING BACK TI�E FOLLOWING OPTIONS FOR REVIEW: (1) CONSTRUCT
THE POLE FOR VERIZON AT THE MINIMUM HEIGHT REQUIRED WITH
THE OPTION TO EXTEND THE HEIGHT FOR ANOTHER PROVIDER; OR (2)
� BUILD ANOTHER TREE POLE FOR THE SECOND PROVIDER AT THE
MINIMUM HEIGHT REQUIRED.
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City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C l!P E RT 1 N O FAX (408) 777-3333
. Community Development Department
August 26, 2015
Complete Wireless
Attn:Jenny Blocker
2009 V Street
Sacramento, Ca. 95818
SUBJECT: PLANNING COMMISSION ACTION LET'TER—ASA-2014-10, DP-2014-07, EXC-2014-12
This letter confirms the decision of the Planning Cominission, given at the meeting of August 25, 2015,
approving a Architectural and Site Approval for the design of a personal wireless service facility
consisting of 6 panel antennas mounted on a tree pole designed for collocation and an enclosed base
equipment station and emergency power generator; Development Permit to allow a personal wireless
service facility consisting of 6 panel antennas mounted on an 80-foot tall tree pole desigried for
collocation and an enclosed base equipment station and emergency power generator and a ; Height
Exception to allow six panel antennas to be mounted at a height of 66 feet on an 80-foot tall tree pole,
where 55 feet is allowed for a wireless communications facility at Cupertino City Hall, located at 10300
Torre Avenue, according to Planning Commission Resolution No.(s) 6786, 6787 and 6788.
Please be aware that if this Permit is not used within a ten-year period, it shall expire on August 25,
2025.
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Also, please note that an appeal of this decision can be made within 14 calendar days from the date of
the decision. If this happens, you will be notified of a public hearing, which will be scheduled before
the City Council.
Sincerely,
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J —i a �" .
Colin Jung �
Associate Planner
Planning Department
, Enclosures:Resolution 6786, 6787 and 6788
Cc: Verizon Wireless,2785 Mitchell Dr,Walnut Creek,Ca 94598
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' -" EXG2014-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6788
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 66 FEET OR LESS ON A PLANNED 80-FOOT TALL
TREEPOLE AT CIVIC CENTER LOCATED AT 10300 TORRE AVENUE
SECTION I: PRO�ECT DESCRIPTION
Application No.: EXC-2014-12
Applicant: Jenny Blocker (for Verizon Wireless)
Location: 10300 Torre 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:
i. That the literal enforcement of the provisions of this chapter (19.136) will result in restrictions
inconsistent with the spirit and intent of this chapter, in that, the purposes of this chapter are to
facilitate the development of a wireless communications infrastructure in the City for commercial,
public and emergency uses, and to protect the health, safety, welfare and aesthetic concerns of the
public. Verizon desires to improve wireless voice and data communications service and capacity in
this area where indoor coverage is considered unsatisfactory for the library, city hall, surrounding
businesses and residential neighborhoods. In general, the extent of the wireless coverage is expected
to increase with the height of the �antennas. More extensive radio coverage from a single facility is
desirable near large residential areas like the Civic Center neighborhood where there are few good
alternatives for siting wireless communication facilities. Lower panel antenna heights would reduce
coverage area and potentially capacity of this site location.
2. That granting of an exception will not result in a condition that will be detrimental or injurious to
property or improvements in the vicinity and will not be materially detrimental to the public health,
safety or welfare. Radio frequency energy emissions and noise have been studied and found to be far
' below federal safety standards and city standards respectively. The wireless facility enhances the
general welfare of the community by providing more communications infrastructure and alternatives
for emergency communications.
3. That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular
traffic. The project is not sited witivn the travel ways or sight lines of existing pedestrian and motorist
routes.
' Resolution No.6788 EXC-2014-12 - August 25,2015
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NOW, THEREFORE,BE IT RESOLVED: �
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, application no. EXC-2014-12 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-2014-12, as set forth in the
Minutes of the Planning Commission Meeting of August 25, 2015, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "Verizon Wireless/DEANZA STEVENS CREEIC/ 10800 TORRE
AVENUE/CUPERTINO, CA 95014/ APN: 369-31-033/ LOCATION #: 249535" prepared by MST
ARCHITECTS dated 05/26/15 and consisting of ten sheets labeled T1.1, C-1, C-2, A1.1, A2.1, A2.2,
A3.1,A3.2, A3.3, L1.1,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 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 witivn 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 25th day. of August 2015, at a regular meeting of the Planning
Commission of the City of Cupertino by the following roll call vote: '
AYES: COMMISSIONEIZS: Chair Lee,Vice Chair Takahashi, Gong, Sun,Paulsen
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS:none
AT°TEST: APPROVED:
/s/Gary Chao /s/Winnie Lee
Gary Chao Winnie Lee
Assist. Director of Community Development Chair,Planning Commission
G/planning/pdreport/res/1014/EXG2014-12 res.doc
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� Santa Clara Coc. ,`Clerk-Recorder's Office
Count Of Sarita C1aPa coUNTy ; State of California
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Office of th���Cou�t�;�Clerk-Recorder ,���` ��° � Document No.: 1 9 5 6 1
Business Division �r � �-� Number of Pages: 2
s � Q-� ; Filed and Posted On: 8/31/2015
County Government Center 5� ��1'�.A C�,F` �o-L 11����� Through: 9130/2Q15
70 West Hedding Street, E.Wing, 1 Floor
CRO Order Number:
San Jose,California 95110 (408)299-5688 Fee Total:
50.Q0
CEQA DOCUMENT DECLARATION REGINA ALCQMENDRAS, County Clerk-Record
� by Veronica Aguirre, Deputy Clerk-Recorder,
ENVIRONMENTAL FILING FEE RECEIPT - _ _
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City of Cupertino
2. PROJECT TITLE:� EXC-2014-12
3. APPLICANT NAME: .lenny Blocker(Verizon) PHONE: 408-777-3308
4. APPLICANT ADDRESS: 10300 Torre Ave Cupertino, Ca. 95014
5. PROJECT APPLICANT IS A: ❑Local Public Agency ❑School District ❑Other Special District ❑State Agency 0 Private Entity
6. NOTICE TO BE POSTED FOR 30 DAYS.
7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a.PROJECTS THAT ARE SUBJECT TO DFG FEES
❑ 1.ENVIRO NMENTAL IMPACT REPORT(PUBLIC RESOURCES CODE§21152) $ 3,069.75 $ 0.00
❑ 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE§21080(C) $ 2,210.00 $ 0.00
❑ 3. APPLICATION FEE WATER DIVERSION�sTnTe wnTea RESOURCE3 CONTROL BOARD ONLI� $ 850.00 $ 0.00
❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,043.75 $ 0.00
❑ 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 0.00
Fish&Game Code§711.4(e)
b. PROJECTS THAT ARE EXEMPT FROM DFG FEES
0 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00
❑ 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM"FROM THE
� DEPARTMENT OF FISH&GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE*SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00
c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE $ NO FEE
8. OTHER: FEE(IF APPLICABLE): $
9. TOTAL RECEIVED........................................................................................................................................................ $ 50.00
*NOTE:"SAME PROJECT'MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT
DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE(INCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNATURE)AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO
YOU AT THE TIME OF FILING.)
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
...NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR TNE PROJECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTIONARE PAID." Fish&Game Code§711.4(c)(3)
(Fees Effective 01-01-2015)
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COMMUNITY DEVELOPMENT DEPARTMENT File#: 19561 8I3112015 �
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CITY I-IALL
� �� 10300`I'ORRE AVENUE•CUPERTINO,CA 95014-3255
(408)777-3308•FAX(408)777-3333
CUPERTINO
Notice of Exemption
To: County Clerk-Recorder
70 W. Hedding Street, lst Floor -
- East Wing—Business Division
San Jose, CA 95110
Project Title: EXC-2014-12
Project Location- (be specific): 10300 Torre Ave
Project Location- (City):Cupertino Project Location - (County): Santa Clara
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Description of Project: Hei h� t Exce�tion to allow six�anel antennas to be mounted at a
height of 66 feet on an SO-foot tall tree pole, where 55 feet is allowed for a wireless
communications facilit� at City Hall
Name of Public Agency approving project: City of Cu�ertino
Name of Person or Agency carrying out project: Jenn�Blocker (Verizon) �
Exempt Status: (check one)
_Ministerial (Sec. 21080(b)(1); 15268);
_Declared Emergency (Sec. 21080(b)(3); 15269(a));
_Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
x Categorical Exemption. State type and section number: 15303
_Statutory Exemption. State code number:
Reasons why project is exempt: conversion of small structures
Lead Agency
Contact Person: Colin Jun Area code/telephone number(408) 777-4843
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Signature: Date: � � Title: Associate Planner
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