DIR-2018-11_2.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: Jeff Tsumura, Assistant Planner
Date: June 21, 2018
Subject: Director's Minor Modification, DIR-2018-11, to allow for the continued operation
of a personal wireless service facility (tree pole) and associated equipment for a
period of ten (10) years located at 10121 Miller Avenue, APN 369-07-001.
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, D&D Real Estate LP, the applicant Jason Osborne of Beacon
Development, LLC, representing T -Mobile, is proposing to renew a previous approval of an
existing personal wireless service facility. No new panel antennas or changes to the associated
equipment are proposed. The property is zoned Planned General Commercial/Residential [P (CG,
Res)], and is located at 10121 Miller Avenue, bounded by Richwood Drive to the north, Miller
Avenue to the east, and residential uses to the south and west.
DISCUSSION
The prior application, DIR-2013-28, had granted an approval of the wireless service facility to
enhance its appearance by installing new leaf socks, replace branches with more realistically
colored needles, and fill in the gap on the lower two rows of branches to more seamlessly
integrate these branches into the base of the tree. The renewal also allowed for the continued
operations of the facility for ten (10) years, backdated to February 24, 2008, and expired on
February 24, 2018.
This application is to allow for the continued operations of the wireless service facility for ten (10)
years. No new equipment is proposed. As a condition of approval, the facility could be renewed
pending a review of the technology to determine if the visual impact of the equipment could
further be minimized.
Pursuant to this condition, staff conducted a site visit and determined that the facility is
adequately screened and that no further changes are required at this time.
1
A joint radio frequency (RF) energy emissions exposure report was prepared by Hammett &
Edison, Inc. The report determined that the cumulative predicted RF energy density from the
proposed operation is no more than 5.597% of the maximum in any accessible area up to two
meters above ground, and would therefore not result in exposure of the public to excessive levels
of RF energy.
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:
APPROVED EXHIBITS
Approval is based on exhibits titled "Site Number: BU827839, Site Name: Richwood, 10121
Miller Avenue, Cupertino, CA 95014" prepared by Jason Osborne with Beacon Development,
LLC, consisting of four (4) sheets labeled T-1, A-1, A-2, and A-3, 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 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. 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.
5. 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 shall pay such attorneys'
fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and
2
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.
6. 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 June 21, 2018. The fourteen calendar day appeal period will
expire on July 5, 2018.
Enclosures:
Attachment A: Plan set
Attachment B: RF Emissions Compliance Report, prepared by Sitesafe, Inc. on February 26, 2018
CC: D&D Real Estate LP, 10121 Miller Avenue Unit 200, Cupertino, CA 95014
91