DIR-2018-02.docx
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Assistant Director of Community Development
Prepared by: Colin Jung, Associate Planner
Date: March 6, 2018
Subject: Director’s Minor Modification, DIR-2018-02, to allow the installation of a
personal wireless service facility consisting of eight panel antennas mounted on a
building rooftop behind an equipment screen and the construction of a concealed
base equipment station at 10335 North Tantau Avenue, APN 316-06-064.
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 fourteen calendar days.
BACKGROUND
On behalf of the property owner, Apple, Inc., the applicant JulieAnn Diestler, representing
Sprint Wireless, is requesting to install a personal wireless service facility consisting of eight
panel antennas and associated equipment at 10335 North Tantau Avenue. This is one of four
proposed personal wireless service facilities proposed by four different wireless carriers,
coordinated by Apple, Inc. and located on the rooftop of one of Apple’s four-story, office
buildings. The property is zoned Planned Industrial Park, P(MP), and is located just north of
Highway 280. To the west of the property is Calabazas Creek and a parking structure, and to
the north and east, other office/industrial buildings.
DISCUSSION
The proposed base equipment station is located within the building basement and/or in a
rooftop electrical room. Sections of the screen that cover the antennas will be replaced with a
radio-transparent material that matches the screen in color and design.
The purpose of the wireless facility is to primarily provide wireless coverage in the Apple
parking structure and implement its self-parking management program, but will have the
added benefit of providing coverage along Highway 280, adjacent Apple buildings and the
nearby residential neighborhood in the City of Santa Clara.
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A joint radio frequency (RF) energy emissions exposure report was prepared by Hammett &
Edison, Inc., to analyze the cumulative RF energy exposure of all four wireless carriers
(Attachment B). The calculated RF exposures at the exposure points of concern are as follows:
Cumulative Maximum RF Energy Exposures
RF Exposure Location % of Cumulative Public Maximum Permissible
Exposure (MPE) Limit
Anywhere on ground level. 6.6%
Office floor just below the antennas 1.8%
Elevated parking structure 0.1%
nd
2 floor of nearest residence* 1.9%
*located at least 480 feet away from wireless antennas.
The RF consultant notes that RF exposure can be significant on certain portions of the rooftop in
front and around the antennas. The rooftop is inaccessible to the general public, but the
consultant recommends mitigation for wireless carrier technicians and maintenance staff who
service other rooftop equipment to prevent occupational exposures above Federal standards.
The consultant recommends explanatory signage at all roof-access doors/hatches and on the
roof screens in front of the antennas. The consultant also recommends appropriate RF safety
training to include personal monitor use and lockout/tagout procedures for all personnel and
contractors with rooftop access.
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 non-residential buildings.
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 “Sprint/ Site Name Apple TA09/ 10335 Tantau Ave/
Cupertino, CA 95014. ” prepared by Fullerton Engineering Design, consisting of twenty-five
(25) sheets labeled G.0.00, G1.00, G.1.01, A.0.00, A.1.00, A.1.01, A.1.02, A.2.00 through A.6.00,
A.5.01, A.6.01, through A.6.03, A.7.00, E.0.00 through E.3.00, E.5.00 through E.8.00, E.2.01,
revised on 11/01/17, except as may be amended by the conditions contained in this
resolution.
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2. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as specifically
amended by this Director’s Minor Modification approval.
3. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
4. BUILDING PERMIT REQUIRED
This approval does not constitute building permit approval; a separate building permit is
required.
5. RF SAFETY MITIGATIONS
RF Safety measures are required to protect the health of workers and contractors authorize
to work on equipment located on the building rooftop. These measures include:
a) Explanatory/RF warning signs and carrier contact information located on all rooftop
access doors/hatches and on equipment screens located in front of the panel antennas.
b) Appropriate RF safety training to include personal monitor use and lockout/tagout
procedures for all personnel and contractors with rooftop access.
The mitigation measures are further detailed in the report titled: “Statement of Hammett &
Edison, Inc., Consulting Engineers for Apple Inc., 10335 North Tantau Avenue, Cupertino,
California Proposed Base Stations dated December 7, 2017.”
6. 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.
7. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the
City, its City Council, and its officers, employees and agents (collectively, the “indemnified
parties”) from and against any claim, action, or 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 to attack, set aside, or void this Resolution or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys’ fees and costs incurred in defense of the litigation. The applicant
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shall pay such attorneys’ fees and costs within 30 days following receipt of invoices from
City. Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise
employed as City staff and shall include City Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred
by City.
8. 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 March 6, 2018. The fourteen calendar day appeal period
will expire on March 20, 2018.
Enclosures:
Attachment A: Plan set
Attachment B: “Statement of Hammett & Edison, Inc., Consulting Engineers for Apple Inc.,
10335 North Tantau Avenue, Cupertino, California Proposed Base Stations dated December 7,
2017.”
G:\\Planning\\PDREPORT\\DIRreports\\2018\\DIR-2018-02.doc
CC: JulieAnn Diestler, Sprint Wireless
Rebecca Torentino, Apple, Inc.
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