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TUP-2017-05 prior approvalCITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council members Chairman and Planning Commissioners From: Benjamin Fu, Assistant Director of Community Development Prepared by: Erick Serrano, Associate Planner Date: July 6, 2017 Subject: Director's Temporary Use Permit, TUP-2017-05, to allow the extension of a Temporary Use Permit to allow a Verizon Cell on Wheels (COW) facility for a period of six months at 19333 Vallco Parkway. Chapter 19.12.030 of the Cupertino Municipal Code allows for administrative approval of a temporary use permit, authorizing the use of a site in any zoning district for a temporary use. The Director reports his/her decision to the City Council & Planning Commission in time to allow an appeal of the decision within fourteen calendar days. DISCUSSION The applicant, Chris Fowler (On Air, LLC), on behalf of Verizon Wireless, is requesting approval to allow the extensions of a temporary unmanned wireless cell facility, Cell on Wheels (COW), for a period of six months in the parking lot of an Apple owned property. Background The property has a previously approved Temporary Use Permit, TUP-2016-05, that allowed for a COW on the property. The applicant is now seeking an extension of six months for the previously approved permit. The temporary facility is used to fill coverage gaps while Verizon Wireless identifies permanent cell sites in the area. Verizon Wireless is currently pursuing a permanent wireless solution with Apple, Inc., with the temporary facility being used to fill coverage gaps. Location The subject property is located within an existing office complex occupied by Apple. The property is bounded by Highway 280 to the north, Vallco Shopping Mall to the west mixed -used commercial and residential properties of 19800 and Main Street to the south, and another Apple office building is to the east. TUP-2017-05 19333 Vallco Parkway Temporary COW Page 2 : �...� ! TUP-2017-05 19333 Vallco Parkway Temporary COW Page 3 PROPOSED CFTT. ON WHEELS curs ru wr mr.i rax. rv�� �� ps axusn .w �Q� raxes�x i PROPOSED 4EMZON W-IRFT.ESS 11W DISH ry:rerr m — wIr.,m— rv. WIRELESS ANTEVERIZNNAS wsnrvc meex ry e�eemniw '94IRELESS ANTENNAS � � �eobiamirvo in s�urnl EASTERN ELEVATION �eu�En ar `e vm SGIE1 i-1"-0- ns. or s Elevation View Visibility The COW is proposed to be located towards the rear of the property. While proposed at approximately 54' tall, the COW will be obstructed from public view from the north and west by existing trees. The project site is located approximately 900 feet from Vallco Parkway to the south. The proposed does not change any aspects of the previous approval. Noise No noise complaints were received during the duration of the previous approval; there, no significant noise impacts are anticipated. The proposed location is located to the rear of the property adjacent to Highway 280, and surrounded by parking areas. The COW is approximately 500 feet from the existing office building on site, and approximately 1,000 feet from the nearest residential use. Duration TUP-2017-05 19333 Vallco Parkway Temporary COW Page 4 The facility is proposed for a period of six (6) months while Verizon works on identifying and permitting a new permanent cell site. FIT" 116101 The Director of Community Development deems this application as minor, and approves the temporary COW subject to the following conditions of approval. SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is based on the plan set entitled "SITE LOCATION #267063 VALLCO COW TEMP" consisting of six (6) sheets labeled as T-1 and A-1 to A-5 received June 7, 2017, except as may be amended by the following conditions. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible for verifying 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 project data may invalidate this approval and require additional review. 3. DURATION The temporary COW and all associated equipment shall be removed from the site no later than six (6) months after installation, or January 6, 2017, whichever occurs first. The Applicant shall notify the City when the COW is installed. A new Temporary Use Permit with updated justification shall be submitted to the City for review and approval prior to the Temporary Use Permit expiration. 4. BUILDING PERMIT REQUIRED Issuance of a building permit shall be required prior to installation of proposed equipment and facilities. 5. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions set forth shall be attached to, incorporated into, or annotated on the first page of the building plans. 6. CONSULATION WITH OTHER DEPARMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any TUP-2017-05 19333 Vallco Parkway Temporary COW Page 5 misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 7. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance 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 City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 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. SECTION II: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. Signs shall be posted in the area prohibiting smoking and open flames. 2. A portable fire extinguisher (minimum 2A:20B: C) shall be provided. (CFC 5703.2) 3. Secondary containment methods is required for the aboveground tank. The secondary containment will be visually inspected at a minimum weekly and documented in your logs. (CMC 9.12.31 & 9.12.034) 4. The minimum distance from nearest side of any public way or the nearest important building on the same property shall be 5 feet (NFPA 30, Table 22.3.1.1(b)). 5. K -rail or other approved means shall be provided to protect the tank subject to verify installation in conformance with eh approved plans. (CFC 105.2.2). This approval of the temporary use permit is effective November 9, 2016. The fourteen (14) calendar appeal period will expire on November 23, 2016. TUP-2017-05 19333 Vallco Parkway Temporary COW Page 6 Attachments Attachment 1— Plan Set Attachment 2 — Generator Specifications Attachment 3 — Radio Frequency Report Attachment 4 — Verizon Wireless Letter G: \ Planning \ PDREPORT \ DIRreports \ TUP REPORTS \ 2017 \ TUP-2017-05.docx