TUP-2018-01CITY 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: January 31, 2018
Subject: Director's Temporary Use Permit, TUP-2018-01, 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, David Haddock, on behalf of Apple, Inc., is requesting approval to allow
the extension 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 Permits, TP -2017-05 and 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-2018-01
19333 Vallco Parkway Temporary COW
Page 2
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The COW is to be located in the northwest corner of the property closest to Highway 280.
Equipment
The proposed equipment includes a new COW consisting of three (3) new antennas, nine
(9) RRU's, and a new microwave dish. The overall facility will encompass an area
approximately 17' wide, 48' long, and 54' tall; which is the same as the previously
approved TUP.
TUP-2018-01
19333 Vallco Parkway Temporary COW Page 3
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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
approvals.
Noise
No noise complaints were received within the duration of the previous approval;
therefore, 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.
TUP-2018-01
19333 Vallco Parkway Temporary COW Page 4
Duration
The facility is proposed for a period of six (6) months. Apple has applied for a permit that
provides permanent cellular facilities while Verizon works on identifying and permitting
a new permanent cell site.
ACTION
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 PROJECT
This approval is based on the plan set entitled "TEMP GNERATOR VERIZON
WIRLESS JOB#: VERIZON WIRELESS SITE #:267063" consisting of four (4) sheets
labeled as T-1 and A-1 to A-3 received November 16, 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 July 30, 2018, 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. CONSOLATION WITH OTHER DEPARMENTS
TUP-2018-01
19333 Vallco Parkway Temporary COW Page 5
The applicant is responsible to consult with 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
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).
TUP-2018-01
19333 Vallco Parkway Temporary COW Page 6
This approval of the temporary use permit is effective January 31, 2018. The fourteen (14) calendar
appeal period will expire on February 14, 2018.
Attachments
Attachment 1— Plan Set
Attachment 2
— Generator Specifications
Attachment 3
— Radio Frequency Report
Attachment 4
— Verizon Wireless Letter
Attachment 5
— Apple, Inc Letter
G:\ Planning \ PDREPORT \ DlRreports \ TUP REPORTS \ 2018 \ TUP-2018-01.docx