Loading...
EXC-2014-12b , __ ._:` , OFFICE OF THE CITY CLERK ,,, � 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). Page 2 - 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. s. �:�� � �� �' := , 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. , 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, � ' . 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 . J , ' -" 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 Page 2 • --------------------------------------------------------------------------- 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 -,` � Santa Clara Coc. ,`Clerk-Recorder's Office Count Of Sarita C1aPa coUNTy ; State of California Y. � �,��i 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) _ ' ` - - - -V.- -- -- COMMUNITY DEVELOPMENT DEPARTMENT File#: 19561 8I3112015 � . , 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 , 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 � Signature: Date: � � Title: Associate Planner � � � .__ r , • • or a 1 lona . n orma lon ee 1 e _ _ _ _