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DIR-2023-002 Action LetterCommunity Development Department Planning Division —Cupertino CITY OF CUPERTINO CUPERTINO ARBBM'Fkre Avenue, Cupertino, California 95014 (408) 777-3308 Case # D I R-2023-002 To: APpficatio�vl!"Vl�nd City Council Members Approval Body: Director 9�t erson and Planning Commissioners Approva I Date 07/20/23 Signature Fro anielle Co Bpjamin Fu, Director of Community Developme Preparedy3e mkt e Condit, Associate Planner Date: f my 19, 2023 Subject: Director's Minor Modification, DIR-2023-002, to allow collocation at an existing base station for (3) new antennas and (6) new RRH; including (3) new FRP screens and the extension of a section of the existing parapet wall on the southwest corner of the building fronting the 280 freeway for a rooftop enclosure for equipment lease area located at 10889 North De Anza Blvd at the existing Cupertino Hotel, APN 326-10-058. Chapter 19.164 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within 14 calendar days. BACKGROUND The applicant, Molly Galvin, of Intelocity, representing Dish Wireless, proposes collocation at an existing rooftop base station to make additional spectrum available for 5G broadband services. The applicant has proposed to install (3) 5'X7' antenna lease areas, each with (1) panel antenna, (2) RRH, (3) fiber reinforced polymer (FRP) screens; and (1) 10'x15' equipment lease area, screened by a 12'-8" x 15'-8" rooftop enclosure. The project is located at an existing personal wireless service facility, located at 10889 North De Anza Blvd —The Cupertino Hotel —within the Homestead Special Area. The Dish Wireless facility shares rooftop leased area with two other wireless carrier facilities —Sprint and T- Mobile. The existing unmanned T-Mobile and Sprint personal wireless service facility consists of nine panel antennas —mounted behind (3) 10' tall FRP screens, at a height of approximately 50' above grade. The total number of antennae would increase from 9 to 12, with the anticipation that 3 additional DISH antennas will be submitted for review under a separate permit, at a later date. Please refer to Figure 1 Site Map below. 1 Community Development Department Ff ajmnlri9tDM*n — Cupertino tUPERTINO t ' APPROVED' z ore Case # 'Z0Q2!►j --___. Approval Body: Director / Staff- Approva I date Signature J N S. 280 Freeway • Proposed Antenna Locations Proposed Equipment Lease Area & Extension of Parapet Wall DISCUSSION The project plans propose to add (3) new panel antennas at three new sector locations at the existing rooftop base station. The antennas will be concealed behind new 10' tall FRP screens —extending approximately 50' above grade. Additionally, the plans propose to extend a 12'-8" x 15'-8" section of the existing parapet wall by approximately 4' height. The modified section of the parapet wall is proposed to measure to 48' above grade. The purpose of the increased parapet height is to create a rooftop enclosure to provide adequate screening for the telecommunications transmission equipment within the proposed equipment lease area. The section of the modified parapet is located at the southwest corner of the building, fronting 280 freeway. The line -of -sight study on sheet D-5 of the plans (attachment A), illustrates all off -site views of the antennas and equipment lease area will be adequately screened in all directions, as demonstrated from a 300' linear distance, from a street level perspective. Additionally, the parapet wall extension and FRP screen will mirror the existing building in both texture and color accordingly. The General Plan regulates the maximum height of development within the Homestead Special Area to 45'. The existing building height measured from grade to top of parapet 2 Community Development Department isPiar4air-t'pi.mWoUm-tCqwortil ator shaft at 48'. Although the height of the proposed CUPERTINO screening `AMR -fib the maximum allowed height —the Code of Federal Regulations Case # (CFR) MR-2U231002s for some modification to the eligible support structure for applicAOR64tVptnwioa the requirements of "Section 6409" Wireless Facilities Request, Approva I Bf j irr ct rTSia`fif "'' Approva I Date 07/20/23 Requirements and criteria for a "Section 6409" Wireless Facilities Request SignatureI Ile Daniellje Condit lication subject to Section 6409 of the Spectrum Act as a age of 2012. Federal law specifies that a "local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." 47 USC 1455(a)(1). This provision appears in Section 6409 of the Spectrum Act of 2012, which was then codified in the federal government's code. "[T]he term 'eligible facilities request' means any request for modification of an existing wireless tower or base station that involves (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment." 47 USC 1455(a)(2). A local government has 60 days to grant or deny eligible facilities request after it is submitted. If the local government does not approve or deny the request within those 60 days, unless a tolling agreement is entered into or the shot clock is tolled by a local government's timely request for additional information to complete an application, the application can be "deemed granted." 47 CFR 1.6100(c)(4). The deemed grant becomes effective once the applicant gives the local government written notice that it considers the application to have been deemed granted. For carriers seeking to modify an existing wireless tower or base station, in order to qualify as an "eligible facilities request" and therefore take advantage of the streamlined approval, it needs to establish that the modification doesn't meet any of the six criteria per Section 6409. Table 1 below provides the criteria details and comparison with the current application from Dish Wireless. The 6409 Checklist also demonstrates the eligibility of the project as a streamlined facility. Table 1: Project conformance with Section 6409 6409 Checklist Criteria Application 1. It increases the height of the tower by more than 10% or by the The existing building height is height of one additional antenna array with separation from the 40'-5" from grade to the rooftop. nearest existing antenna not to exceed twenty feet, whichever is The top of the new DISH greater; for other eligible support structures, it increases the wireless FRP screen and height of the structure by more than 10% or more than ten feet, equipment lease area enclosure whichever is greater. Changes in height should be measuredfrom measures at a height of equal to 9 Community Development Department CUPERTINO Case # Approva I E Approva I C Signature Pla finimCDiwAsh ,ortGttpxehttini n cases where deployments are or or less than 50'-2"from grade. will be p F40Vgvizontally, such as on buildings' rooftops; in The project scope will not othgDFW202�PM2changes in height should be measured from increase the height of the t A1mugj,. etower or base s ation, inclusive of originally existing support structure by a roved a�'purtenances and any modifications that were more than which falls within the ody a f 5t*ebruary 22, 2012. allowed maximum height ate 07/20/23 increase. 2. DE huemditinvolves adding an appurtenance to the body of the None of the added antennas tower tfttP from the edge of the tower more than would protrude from the edge of twenty feet, or more than the width of the tower structure at the the structure. level of the appurtenance, whichever is greater. For other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than sixfeet. 3. For any eligible support structure, it involves installation of more The project scope proposes three than the standard number of new equipment cabinets for the new cabinets on the eligible technology involved, but not to exceed four cabinets; or for base support structure. The project stations, it involves installation of any new equipment cabinets does not exceed four cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure. 4. It entails any excavation or deployment outside the current site. The project scope takes place on the rooftop on an existing building. No excavation is proposed. 5. It would defeat the concealment elements of the eligible support The project scope proposes to structure. expand upon the existing concealment element of the rooftop parapet wall —by increasing the height of the existing parapet within the allotment outline in criteria 1 above. The utilization and expansion of the existing parapet wall and FRP screen will shroud the antennas and associated wireless equipment — camouflaging the wireless facility as part of the building structure so that the facility Community Development Department CUPERTINO Case # Approva I E Approva I I Signature Planning Division — Cupertino APP-ROVED looks like something other than a tower or base station. 6. It cb1pn2b ffdo2with conditions associated with the siting None of the proposed changes apRFV(e W�j16 ruc ion or mo a cation of the eligible support exceed the thresholds identified structure or base station equipment, provided however that this in 1-4 listed above. o dy:lArt%pW 4Aaffot apply to any modification that is non - ate conWIMQ12ith the siting approval only in a manner that would D6gc0bkIte thresholds identified in (1) through (4) above. 47 CFR 1.&Q6fh Wi)-(vi) Radio Frequency A joint radio frequency (RF) energy emissions exposure report was prepared by EBI Consulting to analyze the cumulative RF energy exposure of the antennae (Attachment B). The calculated RF exposures assesses the proposed (3) panel antennas in the project scope and (3) future panel antennas —the exposure points of concern are as follows: Cumulative Maximum RF Energy Exposures RF Exposure Location % of Cumulative Public Maximum Permissible Exposure (MPE) Limit Ground level 0% Roof level 3,298.70% Based on worst -case predictive modeling, the worst -case emitted power density may exceed the FCC's general public limit within approximately 122' of Dish's proposed antennas at the main roof level (see Figure 2 below). Modeling also indicates that the worst -case emitted power density may exceed the FCC's occupational limit within approximately 36' of Dish's proposed antennas at the main roof level. There are no structures over one story, within 122' of The Cupertino Hotel within the worst -case emitted power density radius. Additionally, rooftop access will not be available to the general public. The RF consultant notes that RF exposure can be significant for authorized personnel on the rooftop immediately surrounding the antenna. The rooftop is inaccessible to the guest of the hotel, but the consultant recommends mitigation for wireless carrier technicians and maintenance staff who service the equipment to prevent occupational exposures above Federal standards. The consultant recommends control measures as outlined in the RF report. Safety Information and Signage has been recommended within Appendix B of the Site Safety Plan of the RF Report. Safety signage is to be posted at all rooftop access points. Implementation of the signage and installation of the recommended barriers 6i Community Development Department rlltieimingiffi isin rhhe &1pekifwy Plan will bring this site into compliance with the FCC's CUPERTINO rules and rApkgv ) Case # D I R-2023-002 Applicat pmb9(RF Report Main Roof Level Simulation Approva I Body: Director / Staff Approva I Date 07/29/23 GROUND LEFEL•P Signature Danielle CI ndit — — — — — — _ i _ _ — ELr„R Case M pager l G E G i. R B BM.:IN FOOF. Sff `` 'T�'6�9 I CfiNUNOIF.VF,L=!7 IIO - _ EOM e® Cron 500%-5= GROUND LEVE_.D' h WX% 6enesal S" 09 LeM: PW 15 bd Wit Lm ... (4.y 40A b AGA Fed) The proposed wireless facility complies with the City's Wireless Communications Facilities Ordinance (CMC 19.136) and conforms with the City's Wireless Facilities Master Plan by locating wireless facilities on existing structures. Further, the proposal complies with Section 6409 of the Spectrum Act of 2012 as detailed in Table 1 above. ACTION The Director of Community Development deems the project categorically exempt from environmental review under CEQA Guidelines, Article 19, Section 15301: Existing Facilities and further deems the modification minor and approves the project with the following conditions of approval: 1. APPROVED EXHIBITS Approval is based on exhibits titled "Dish Wireless Site ID: SFSF001042A: 10889 North De Anza Blvd Cupertino, CA 95014" prepared by Qualtek Wirless., consisting of forty-one sheets labeled T-1, A-1 thru A-8, D-1 thru D-5, E-1 thru E-3, G-1 thru G-3, RF-1 thru RF-5, GN-1 thru GN-4, EME-1, S-1 thru S-4 and RF-1 thru RF4 dated on 5/22/23, except as may be amended by the conditions contained in this resolution. Community Development Department Planning Division — Cupertino CUPERTINO 2. ACCUI Y -' f'HE PROTECT PLANS Case # TheappJig2*DWerty owner is responsible to verify all pertinent property data inck�aiag,bnf"Qimited to property boundary locations, building setbacks, property size, buildi s uare footage, any relevant easements and/or construction records. Approval BodyA yrec or rreesentation of any property data may invalidate this approval and may Approva I Date �� ecluire auuiLicuizti review. Signature Danielle Condit Case Manager 3. BUILDING PERMIT REQUIRED This approval does not constitute building permit approval; a separate building permit is required. 4. RF SAFETY MITIGATIONS RF Safety measures are required to protect the health of workers and contractors authorize to work on equipment located on the tower. Mitigation measures are detailed in the completed report by EBI Consulting titled: EBI Project No. 6222002350, 10889 N De Anza Blvd, Cupertino, CA" dated April 11, 2022. 5. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 6. INDEMNIFICATION As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. 7 Community Development Department P1Th.nirgpp1-W n "Upagom- to (without limitation) reimburse the City its actual CUPERTINO attorneygi5o,p�0Vpd costs incurred in defense of the litigation. Such attorneys' fees and Case # costUj"62dtoWamounts paid to the City's outside counsel and shall include City Atterrtie5ri6 emta d overhead costs and other City staff overhead costs and any costs Approva I BodYdi�tel�toeetaffto the litigation reasonably incurred by City. The applicant shall 1ikeW��d)��ee to indemnify, defend, and hold harmless the indemnified parties from Approva I Date and against any damages, attorneys' fees, or costs awards, including attorneysfees Signature Danielle Qondit, _ of r„ _„ ode Pr cedure section 1021.5, assessed or awarded against ase anager the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 7. 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. This Director's approval is effective July 19, 2023. The 14-calendar-day appeal period will expire on August 2, 2023. Enclosures: Attachment A: Plan Set Attachment B: RF Study completed by EBI Consulting titled: EBI Project No. 6222002350, 10889 N De Anza Blvd, Cupertino, CA" dated April 11, 2022.