V-2008-01b10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
March 11, 2009
Dayna Aguirre
Sutro Consulting
4166 Clarinbridge Circle
Dublin, Ca. 94568
SUBJECT: PLANNING COMMISSION ACTION LETTER - DIR-2008-37, EXC-2008-17, V-2008-01
This letter confirms the decision of the Planning Commission, given at the meeting on March
10, 2009, approving a Director's Minor modification to allow the construction of a personal
wireless service facility, consisting of 8 panel antennas and a microwave dish mounted on a
rack affixed to an existing PG&E lattice tower and abase equipment enclosure;
A height Exception to allow 8 panel antennas to be mounted at height of about 95 feet and a
microwave dish to be mounted at a height of about 86 feet on:~an extension of an existing PG&E
lattice;
A Variance to allow an array of 8 panel antennas set back a minimum of 25 feet from a
residential property line and an associated microwave dish to be set back a minimum of 24 feet
from a residential property line for a personal wireless facility located on an existing PG&E
lattice tower
Please note that an appeal of this decision can be made within 14 calendar days from the date of
this letter. If this happens, you will be notified of a public hearing that will be scheduled before
the City Council.
Sincerely,
ColinJung
Senior Planner
CC: Richard Sartini, PG~E, 77 Beale St, San Francisco CA 94105
g/planning/post hearing/actionletterDlR-2008-37, EXC-2008-17, V-2008-001
Printed on Recycled Paper.
V-2008-O1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTYON NO. 6550
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A VARIANCE TO ALLOW AN ARRAY OF 8 PANEL ANTENNAS SET BACK A
MINIMUM OF 25 FEET FROM A RESIDENTIAL PROPERTY LINE AND AN ASSOCIATED
MICROWAVE DISH TO BE SET BACK A MINIMUM OF 24 FEET FROM A RESIDENTIAL
PROPERTY LINE FOR A PERSONAL WIRELESS SERVICE FACILITY LOCATED ON AN
EXISTING LATTICE TOWER AT STEELING ROAD AT HOMESTEAD ROAD
(STEELING SUBSTATION)
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2008-17
Applicant: Dayna Aguirre (for T-Mobile)
Location: North Stelling Road at Homestead Road (Stelling Rd. Substation)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Variance, as described on Section I. of this Resolution; and
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
Public Hearings on this matter; and
WHEREAS, the Planning Commission finds that the applicant has met the burden of proof
required to support this application, and has met the following findings in order to grant the
variance:
1) That there are exceptional or extraordinary circumstances or condition applying to the
land, building or use referred to in the application, which circumstances or conditions do
not apply generally to land, buildings and/ or uses in the same district. The personal
wireless service facility is proposed on an existing PG&E lattice tower, which the City
encourages through its Wireless Facilities Master Plan. The tower is located in an
electrical substation, which has a small setback from the abutting residential property;
2) That the granting of the application is necessary for the preservation and enjoyment of
substantial property rights of the petitioner. There are very few tall structures in the
northwest portion of Cupertino where one might mount the antennas of a personal
wireless service facility and the City encourages the re-use of sites with tall structures for
Resolution No. 6550 V-2008-01 March 10, 2009
Page 2
the use of personal wireless service facilities over sites that do not have such tall
structures.
3) That the granting of such application will not, under the circumstances of the particular
case, materially and adversely affect the health or safety of persons residing or working in
the neighborhood of the property of the applicant and will not, under the circumstances
of the particular case, be materially detrimental to the public welfare or injurious to
property or improvements in said neighborhood. The personal wireless service facility,
even with reduced antennas setback, will not emit RFR emissions that exceed federal
safety standards. The reduced antenna setback will not significantly impact the visual
environment since the tower already exists and the antennas are merely an attachment to
the tower, contributing an additional 8 % to the height of the structure. The cables
running between the antennas and the base equipment station will be painted the same
color as the tower to minimize its appearance.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for variance is hereby approved by the Planning
Commission of the City of Cupertino.
That the subconclusions upon which the findings and conditions specified in this Resolution
are based and contained in the Public Hearing record concerning Application V-2008-01 as
set forth in the Minutes of the Planning Commission Meeting of March 10, 2009 and are
incorporated by reference though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: SF44041 PGE Stelling Sub/ Noranda Drive @
Homestead Rd/ Cupertino, CA 95014" prepared by Michael Wilk Architecture dated
12/ 17/ 08 and consisting of seven sheets labeled T-1, C1, C2, A-1 through A-4, 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-
Resolution No. 6550 V-2008-O1 March 10, 2009
Page 3
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 10th day` of March 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Brophy, Miller, Kaneda, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chairperson Giefer
ATTEST:
/ s /Gary Chao
Gary Chao
City Planner
APPROVED:
s /Paul Brophy
Paul Brophy, Vice-Chair
Planning Commission
g/planning/pdreport/res/2008/V-2008-01