DIR-2018-08.docxCITY 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: May 15, 2018
Subject: Director's Minor Modification, DIR-2018-08, to allow the installation of a personal
wireless service facility, consisting of sixteen panel antennas mounted on the building
rooftop behind existing equipment screens and the construction of a base equipment
station concealed in the basement at 1 Apple Parkway, APN 316-07-049.
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 Misako Hill, representing AT&T, is
requesting to install a personal wireless service facility, consisting of sixteen panel antennas and
associated equipment at 1 Apple Parkway. This is one of three proposed personal wireless service
facilities proposed by three different wireless carriers, coordinated by Apple, Inc. and located on
the rooftop of the main Campus Two office building. The property is zoned planned industrial
park, P(MP), and is located just northeast of Highway 280 and Wolfe Road, such that to the west
is Cupertino Village shopping center, to the south are the Hamptons apartment complex and a
parking structure, to the east are other office buildings and a medical clinic, and to the north is a
single-family residential neighborhood in Sunnyvale.
DISCUSSION
The proposed base equipment station is located entirely within the building basement. The panel
antennas and other associated equipment are mounted on frameworks located in existing
equipment penthouses on the building rooftop such that they will not be visible to the general
public. Panel sections that screen the antennas are fabricated with a radio -transparent material.
The purpose of the wireless facility is to primarily provide wireless coverage in the main building
of Apple Campus 2 and the surrounding campus environs, but will have the added benefit of
providing coverage along Highway 280, adjacent Apple buildings, the nearby Hamptons
apartment complex, Cupertino Village and the northern Sunnyvale neighborhood.
A joint radio frequency (RF) energy emissions exposure report was prepared by Hammett &
Edison, Inc., to analyze the cumulative RF energy exposure of the three proposed wireless
carriers, a future wireless carrier, and the approved wireless facilities on 10355 North Tantau
Avenue (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.
6.0%
Office floor just below the
antennas
0.90%
Elevated parking structure
0.1%
top floor of nearest residence*
5.9%
*The Hamptons apartments are located about 270 feet to the southwest of the nearest antennas.
The RF consultant notes that public 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 that
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 and painted safety lines on the roof. 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.
A C'TTONJ
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
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Approval is based on exhibits titled "at&t/ SITE TYPE: ROOF TOP/INDOOR/SITE NUMBER:
CCL04017/SITE NAME: APPLE PARK/ 1 Apple Parkway/ Cupertino, CA 95014" prepared by
Borges Architectural Group, consisting of eleven (11) sheets labeled A-001, A010 -A016, E-1,
E-2, and G-1 dated 4/17/17, except as may be amended by the conditions contained in this
resolution.
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 PROTECT 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) Painted safety lines on the roof, delineating the areas of significant RF exposure.
c) 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., 1 Apple Parkway, Cupertino, California
Proposed Base Stations dated March 21, 2018."
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
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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 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 May 15, 2018. The fourteen calendar day appeal period will
expire on May 29, 2018.
Enclosures:
Attachment A: Plan set
Attachment B: "Statement of Hammett & Edison, Inc., Consulting Engineers for Apple Inc., 1
Apple Parkway, Cupertino, California Proposed Base Stations dated March 21, 2018."
G: A Planning \ PDREPORT \ DIRreports \2018 \ DIR-2018-08.doc
CC: Misako Hill, AT&T
Rebecca Torentino, Apple, Inc.
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