DIR-2010-02bCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777 -3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Aarti Shrivastava, Director of Community Development
Prepared by: George Schroeder, Assistant Planner
Date: March 8, 2010
Subject: Director's Minor Modification, DIR- 2010 -02, to allow a personal wireless
service facility on the rooftop of an existing commercial building (Vallco
Shopping Mall) and consisting of three panel antennas, three microwave
dishes, and an equipment cabinet at 10123 North Wolfe Road
Chapter 19.132 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 fourteen calendar days.
BACKGROUND
The applicant, Patrick Mahoney, of FMHC Corporation, representing Clearwire, is
proposing to install a personal wireless service facility on the rooftop of the AMC Movie
Theater at the Vallco Shopping Mall at 10123 North Wolfe Road. The personal wireless
service facility consists of three panel antennas, three microwave dishes, and an
equipment cabinet.
All three panel antennas are proposed to be side - mounted and painted to match to the
building's parapet wall. One antenna is proposed to be located on the southeast corner
of the building, facing Stevens Creek Boulevard and North Wolfe Road; one is proposed
on the west (parking garage- facing) elevation; and one is proposed on the north (I -280-
facing) elevation.
All three microwave dishes will be located next to the three panel antennas and will be
painted to match the parapet wall. One equipment cabinet will be mounted on a new
7'x7' equipment area on the western edge of the rooftop, screened by a parapet wall.
DIR- 2010 -02
10123 North Wolfe Road
DISCUSSION
Page 2
The proposed wireless facility complies with the City's Wireless Communications
Facilities Ordinance (CMC chapter 19.108). The antennas are proposed to be vertically
mounted to the building, which exempts them from the 55 foot height restriction. The
proposed wireless facility is located at least 75 feet from the nearest residentially zoned
property, being approximately 560 feet from the single- family residential neighborhood
on Denison Avenue; and approximately 400 feet from a single- family residential
property on Amherst Drive.
The proposed wireless facility is also consistent with the relevant policies contained in
the City's Wireless Facilities Master Plan. The plan prefers that wireless facilities be
located on existing non - residential buildings, one of which was identified as the AMC
Theater /Vallco Shopping Center building on the candidate locations map. All antennas
and dishes will be painted to match the existing building as depicted in the photo
simulations. A condition has been added to add screening devices (such as a shield or
shroud) to cover the panel antennas and microwave dishes. The proposed equipment
cabinet will be located behind the parapet wall and will not be visible from the public
right of way.
Graphic showing the location of the proposed Clearwire wireless facility
DIR- 2010 -02
10123 North Wolfe Road
Page 3
Technology, Information and Communications Commission (TICC) Review
Project plans were routed to the Cupertino Technology, Information and
Communications Commission (TICC) for their commentary. TIC Commissioners felt
that the proposed facility would not have any significant visual impacts.
ACTION
The Director of Community Development deems the modification minor and approves
the wireless facility with the following conditions of approval. State law requires a
minimum 10 -year permit for personal wireless service facilities.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "AMC CA- SJC0030B, 10123 North Wolfe Road,
Cupertino, CA 95014, Santa Clara County" prepared by Delta Groups Engineering,
Inc. dated 12/15/09 and consisting of five sheets labeled T1, Al, A2, A3, and A4
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 -day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
3. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous
period of 18 months, said antennae and associated facilities shall be removed. The
applicant shall bear the entire cost of demolition and removal.
Photo simulation from south elevation
Photo simulation from east elevation
DIR- 2010 -02
10123 North Wolfe Road
4. EXPIRATION DATE
Paize 4
This Director's Minor Modification shall expire ten (10) years after the effective date
of the permit. The applicant may apply for a renewal of the minor modification at
which time the Director of Community Development may review the state of
wireless communication and camouflage technologies to determine if the visual
impact of the personal wireless facility can be reduced.
5. ANTENNA SCREENING
The applicant shall modify plans to include screening devices, including, but limited
to, shrouds or shields, to screen the panel antennas and microwave dishes prior to
the issuance of building permits. The final design shall be subject to the review of
the Director of Community Development.
6. MECHANICAL EQUIPMENT SCREENING
The applicant shall coordinate with the property owner to begin construction work
on building permit # 09030063 for the rooftop screening structure prior to April 9,
2010 (building permit expiration date). Construction of the rooftop screening
structure shall be underway before the final inspection of the new antennas,
microwave dishes, and equipment cabinet.
This Director's approval is effective March 8, 2010. The fourteen calendar day appeal
period will expire on March 22, 2010.
To view the plan set, please visit the City's website at www.cupertino.orz Select the
link to Public Records. This information is in the Planning Department file.
G \ Planning \ PDREPORT \ DIRreports \2010\ DIR- 2010- 02.doc
AMC
CA- SJC0030B
10123 NORTH WOLFE ROAD, CUPERTINO, CA 95014"
►J1t71V h l V itL. DLV l..l>,
VENDOR CM MANAGER
VENDOR ZONING MANAGER
VENDOR SAQ MANAGER
RF MANAGER
CONSTRUCTION MANAGER
MICROWAVE MANAGER
DATE
DATE
DATE
DATE
DATE
DATE
PROJECT INFORMATION:
AMC
CA- SJC0030B
F 3 NORTH WOLFE ROAD
PERTINO, CA 95014
NTA CLARA COUNTY
`CURRENT ISSUE DATE:
12/15/09
ISSUED FOR:
ZD ( REV.: :DATE: DESCRIPTION: BY: I
PLANS PREPARED BY:
ja DELTA GROUPS
�NGlMMUNG. INC
amour "s
F -0115 POWAS, SURE 403
94586
FAX: (925) 468 -0355
CONSULTANT:
F F
F SEAL OF APPROVAL:
SHEET TITLE:
TITLE SHEET
SHEET NUMBER: REVISION:
FT 3
P09CL011
Al2/15/09
ZD (100%)
JR
Q
10/28/09
ZD (100%)
JK
Q
06/22/09
ZD (90 %)
JZ
SHEET NUMBER: REVISION:
FT 3
P09CL011
U EXISTING BUILDING
O EXISTING ROOF HATCH
O 4 EXISTING ROOF VENT (TYP.)
WI Z
a
D ale -p_ ► /O - 0,�2
o
NOTE
1. DO NOT SCALE DRAWINGS. ALL DIMENSIONS OF AND BETWEEN
EXISTING BUILDINGS /STRUCTURES, OR RELATIVE DISTANCES AS SHOWN
BETWEEN EXISTING BUILDINGS /STRUCTURES, PROPERTY UNES, EASEMENTS
AND THE TRUE NORTH ARE TO BE CONFIRMED BY A SURVEYOR.
2. POWER ROUTING DESIGN IS PRELIMINARY AND MUST BE VERIFIED WITH
LOCAL UTILITY COMPANIES.
WI
z
J
W
O
PRAPF m I INF
i
i
i
i
W
Z
CL
Ix
CL
I
C5
x i
w
w
a
O
3
z
VALLCO PKWY.
i
STEVENS CREEK BLVD. R.O.W.
!.= (PA
' N' 7
I OVERALL SITE PLAN I SCkL& I K�� l I
1 inch= 100 ft 100' 0' 100' 200'
PROJECT INFORMATION:
300
F17oSANTACLARA WO
ROAD
95014
COUNTY
`CURRENT ISSUE DATE:
12/15/09
I SSUED FOR:
ZD (
REV.: :DATE- DESCRIPTION: BY:
Q 12/15/09 ZD (100 %) JR
Q 10/28/09 ZD (100X) J 06/22/09 ZD (90X)
PLANS PREPARED BY:
DELTA GROUPS
ja
INGINUMrs, INC.
CON6UL m ENgNEElbS
5635 WEST LAS POSfTAS. SURE 403
PLEASANTON, CA 9458a
TEL (925) 488 -0115 FAX: (925) 488 -0355
CONSULTANT:
L F I I
SEAL OF APPROVAL
:SHEET TITLE:
OVERALL SITE PLAN
SHEET NUMBER: REVISION:
Al 3
P09CL011
PROPOSED CLEARWIRE ANTENNA -
COAX CABLE ROUTING WITHIN
PROPOSED COAX CABLE TRAY -
MOUNTED TO EXISTING PARAPET
WALL
PROPOSED CLEARWIRE MICROWAVE DISH
(1 PER SECTOR, 3 SECTORS TOTAL) -
TO BE PAINTED TO MATCH EXISTING
BUILDING EXTERIOR
PROPOSED CLEARWIRE PANEL ANTENNA
(1 PER SECTOR, 3 SECTORS TOTAL)TO
BE PAINTED TO MATCH EXISTING
BUILDING EXTERIOR
ANTENNA LAYOUT I wAm-
„ ft 12. a r a. 2 1
3' -4 1/4
cn
U U
3C
J
U
O
I
1�
7' -0' CLEARWIRE
LEASE ACCESS
/ II I
A A PI
11 II
� II
\ I'
EXISTING BUILDING ROOF TOP
i rmkiralrfal
0 PROPOSED 7'- 0 "x7' -O" CLEARWIRE EQUIPMENT AREA (49.0 SO. FT, TOTAL)
O 2 PROPOSED CLEAWIRE EQUIPMENT CABINET
O PROPOSED CLEAWIRE GPS - MOUNTED TO EQUIPMENT CABINET
O 4 PROPOSED CLEARWIRE ANTENNA COAX CABLE ROUTING ALONG ROOF TOP
O EXISTING PARAPET WALL
EXISTING LOWER BUILDING
� Jle— 22b/b--0.Q
1.b ,u yyy } r 4 - / o
4} cry K d �-0�i' n ; ra [�
i: r . . 4 0 3 t L: , ...,..".,..,.,
Y L r, E V,
Nk"WA
NOTES
1. DO NOT SCALE DRAWINGS. ALL DIMENSIONS OF AND BETWEEN
EXISTING BUILDINGS /STRUCTURES, OR RELATIVE DISTANCES AS SHOWN
BETWEEN EXISTING BUILDINGS /STRUCTURES, PROPERTY LINES, EASEMENTS
AND THE TRUE NORTH ARE TO BE CONFIRMED BY A SURVEYOR.
2. POWER ROUTING DESIGN IS PRELIMINARY AND MUST BE VERIFIED WITH
LOCAL UTILITY COMPANIES.
1511w WrA11204
O PROPOSED 7'- 0 "x7' -0" CLEARWIRE EQUIPMENT AREA e
(49.0 SO. FT, TOTAL)
2O PROPOSED CLEARWIRE EQUIPMENT CABINET
PROSED CLEARWIRE MICROWAVE DISH (1 PER SECTOR, 3 e
O SECTORS TOTAL) - TO BE PAINTED TO MATCH EXISTING
BUILDING EXTERIOR
PROPOSED CLEARWIRE PANEL ANTENNA (1 PER SECTOR, 3
O SECTORS TOTAL) - TO BE PAINTED TO MATCH EXISTING
BUILDING EXTERIOR
O EXISTING ROOF VENT (TYP.)
EXISTING ROOF TOP EQUIPMENT (TYP.)
7O EXISTING ROOF HATCH
O
dh
W
w
O
t
r
PROPOSED CLEARWIRE ANTENNA COAX CABLE ROUTING WITHIN
O S PROPOSED COAX CABLE TRAY - MOUNTED TO EXISTING PARAPET
WALL
9 PROPOSED CLEARWIRE ANTENNA COAX CABLE ROUTING WITHIN
PROPOSED COAX CABLE TRAY ALONG ROOF TOP
PROPOSED CLEARWIRE RF HEAD (2 PER PANEL ANTENNA, TYP.,
10 TOTAL OF 6) - MOUNTED TO EXISTING PARAPET WALL
(STACKED)
EQUIPMENT LAYOUT I 1 "Si I r a 1 2 3 EQUIPMENT AREA PLAN 1/32 inch I ft 32' of 3 z 64� I
PROJECT INFORMATION: - I
AMC
CA- SJC0030B
F10123 NORTH WOLFE ROAD
PERTINO, CA 95014
NTA CLARA COUNTY
`CURRENT ISSUE DATE:
12/15/09
ISSUED FOR:
�ZD(00
REV.: :DATE: --DESCRIPTION::BY:
Q 12/15/09 ZD (100%) JR
Q 10/28/09 ZD (100X) J Q 06/22/09 ZD (90X)
PLANS PREPARED BY:
F(925
DELTA CROUPS
ENGIN1111 ING. INC.
COrISUITlNG EINgl�IEE�S
) POSITAS, SURE 403
94588
TEL -0115 FAX: (925) 468 -0355
CONSULTANT:
,SEAL OF APPROVAL:
SHEET TITLE:
EQUIPMENT AREA PLAN,
ANTENNA LAYOUT, &
EQUIPMENT LAYOUT
SHEET NUMBER: REVISION:
['A 3
r po - 9c Lwo I I
D c 2w CO - OA
y M
W414
?
PROPOSED CLEARWIRE PANEL ANTENNA (1 PER
SECTOR, 3 SECTORS TOTAL) - TO BE PAINTED TO
MATCH EXISTING BUILDING EXTERIOR
PROPOSED CLEARWIRE GPS - MOUNTED TO EQUIPMENT
CABINET
PROPOSED CLEARWIRE EQUIPMENT CABINET (BEYOND)
PROPOSED CLEARWIRE RF HEAD (2 PER PANEL ANTENNA,
TYP., TOTAL OF 6) - MOUNTED TO EXISTING PARAPET
WALL (BEYOND) - STACKED
1 NORTH ELEVATION I /32�inc�hB ft l 3r o' 3r 6a' 1 1
�
W
z
PROPOSED CLEARWIRE RF HEAD (2 PER PANEL ANTENNA,
i
TYP., TOTAL OF 6) - MOUNTED TO EXISTING PARAPET
z
WALL (BEYOND) - STACKED
S
PROPOSED CLEARWIRE MICROWAVE DISH (1 PER
2 SECTOR, 3 SECTORS TOTAL) - TO BE PAINTED TO
MATCH EXISTING BUILDING EXTERIOR
O
8
N
�
�
a
J
o PROPOSED CLEARWIRE EQUIPMENT CABINET (BEYOND)
OC
I
vii
t
�
r7
N
N
Of
0
I
00
GROUND
FLOOR
PROPOSED CLEARWIRE GPS - MOUNTED TO EQUIPMENT CABINET
PROPOSED CLEARWIRE PANEL ANTENNA (1 PER SECTOR, 3 SECTORS
TOTAL)- TO BE PAINTED TO MATCH EXISTING BUILDING EXTERIOR
I WEST ELEVATION CMR 2
1/32 inch= I ft 32' 0' 32' 64'
L PROJECT INFORMATION: I
AMC
CA -SC0030B
10123 NORTH WOLFE ROAD
CUPERTINO, CA 95014
SANTA CLARA COUNTY
`CURRENT ISSUE DATE:
12/15/09
ISSUED FOR:
ZD (100 %)
REV.: :DATE: DESCRIPTION: BY:
Q 12/15/09 ZD (100X) JR
Q 10/28/09 ZD (100X) JK
Q 06/22/09 ZD (90X) JZ
PLANS PREPARED BY:
F DELTA CROUPS
ja
INGImuluNG. INC.
comall16 arwNas
POSITAS, SUITE 403
94588
-0115 FAX: (925) 468 -0355
F F
CONSULTANT:
F SEAL OF APPROVAL:
SHEET TITLE:
NORTH & WEST
ELEVATIONS
`SHEET NUMBER: REVISION:
F A 3
r m - 9a,
. 0�p_
,
PROPOSED CLEARWIRE GPS - MOUNTED TO
EQUIPMENT CABINET
PROPOSED CLEARWIRE PANEL ANTENNA (1 PER
SECTOR, 3 SECTORS TOTAL) - TO BE PAINTED
TO MATCH EXISTING BUILDING EXTERIOR
PROPOSED CLEARWIRE MICROWAVE DISH (1 PER
SECTOR, 3 SECTORS TOTAL) - TO BE PAINTED TO
MATCH EXISTING BUILDING EXTERIOR
PROPOSED CLEARWIRE RF HEAD (2 PER PANEL
ANTENNA, TYP., TOTAL OF 6) - MOUNTED TO
EXISTING PARAPET WALL (BEYOND) - STACKED
PROPOSED CLEARWIRE EQUIPMENT CABINET (BEYOND)
SOUTH ELEVATION 132 ft 32' o' 3r 64'
rnvrw %,LLnmm1AL Mn,(NvnnrL Ulan ki MIN
SECTOR, 3 SECTORS TOTAL) - TO BE PAINTED
TO MATCH EXISTING BUILDING EXTERIOR
I ! EAST ELEVATION 1/32 inch 71 ft 32' o' 32 64' 2 I
PROJECT INFORMATION:
AMC
CA-SX0030B
10123 NORTH WOLFE ROAD
CUPERTINO, CA 95014
SANTA CLARA COUNTY
CURRENT ISSUE DATE:
12/15/09
ISSUED FOR:
ZD (100 %)
" REV.: :DATE: DESCRIPTION: BY:
Q 12/15/09 ZD (100%) JR
Q 10/28/09 ZD (100%) JK
Q 06/22/09 ZD (90%) JZ
PLANS PREPARED BY:
F DELTA CROUPS
FNGIH��ItIHC. lNC.
coMSUU�� �M>�
POSITAS, SURE 403
94588 -0115 FAX: (925) 468 -0355
CONSULTANT:
F SEAL OF APPROVAL:
EET TITLE:
F OUTH & EAST ELEVATIONS
`SHEET NUMBER: REVISION:
FA4 3
P09CL011