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TUP-2019-01.pdfCITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council members Chairman and Planning Commissioners From: Benjamin Fu, Interim Director of Community Development Prepared by: Jeffrey Tsumura, Assistant Planner Date: February 12, 2019 Subject: Director's Temporary Use Permit, TUP-2019-01, to allow for the installation and operation of a temporary wireless facility for a period of 12 months at 18920 Forge Drive. 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. 113 '40=3 COX1 The applicant, Rebecca Tolentino, on behalf of Apple, Inc., is requesting approval to allow the installation and operation of a temporary wireless facility for a period of 12 months, located on the office building at 18920 Forge Drive (Attachment 1). Background The temporary facility will be used to test equipment and fill coverage gaps while the three carriers (Verizon Wireless, T -Mobile, and AT&T) identify 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 an existing office complex occupied by Apple, Inc. The property is bounded by office buildings to the north and west. Kaiser Permanente Medical Center overflow parking is located to the east and single family residences to the south, both of which are within the City of Santa Clara jurisdiction. TUP-2019-01 18920 Forge Drive Temporary Wireless Facility Page 2 �Irl I I �I I I� (P) AT&T •` PROJECT AREA REFER TO PROPOSED ANTENNA PLAN _Ig ON SHEET A-�3 I r r I j u I -Iq awmucwcew I nii ii u iiiu iii�������n I _ I RVffPM wE The facility is to be located at the southwesterly corner of the south and west -facing building walls. Equipment The proposed equipment includes a total of six new wireless panel antennas mounted on saddle mount brackets. Each antenna is approximately 23.6"H X 11.8"W X 3.5"D in size and will extend up to 12 inches from the building, depending on how the antennas are oriented. Consistent with the temporary nature of the equipment, the bracket system fits over the building parapet and is fixed on the other side, as opposed to being installed directly on the exterior building wall. The mounting system provides better stability and will be painted to match the building. Three antennas will be installed on the west -facing building wall at the southernmost corner, and three antennas will be installed on the south -facing building wall at the westernmost corner. TUP-2019-01 18920 Forge Drive Temporary Wireless Facility Page 3 Elevation View South Elevation West Elevation Visibility The antennas are proposed towards the rear of the property and should not create any visual impacts from Forge Drive. The antennas are located approximately 225 feet from the nearest single-family residence and are further obstructed from neighboring residences by mature coast redwood trees along the southern property line. The office building to the west is located approximately 267 feet from the antennas, is separated by two parking lots, and is also screened by existing perimeter trees. No impacts are anticipated to the overflow Medical Center parking to the east. Noise The antennas will not run on generators or similar power sources that can cause significant stationary noise. Additionally, the distance from nearby residential and office uses is substantial—they are surrounded by large parking areas and further screened by existing redwood trees. Therefore, no significant noise impacts are anticipated. RF Study A radio frequency (RF) energy emissions exposure report was prepared by Hammett & Edison, Inc., to analyze the RF energy exposure of the temporary wireless equipment at the project site (Attachment 2). The report determined that the equipment will not expose members of the general public to hazardous levels of RF energy as determined per FCC General Population limits. However, to prevent occupational exposures in excess of the TUP-2019-01 18920 Forge Drive Temporary Wireless Facility Page 4 FCC Guidelines, appropriate RF safety training and explanatory signs posted on the antennas have been recommended to help mitigated unintended exposure during certain maintenance activities high on the side of the building. A condition of approval has been added to ensure these recommendations are carried out. 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 PROTECT This approval is based on the plan set entitled "CCL04017, Apple Campus - Forge 1 Building, Rooftop, 18920 Forge Drive, Cupertino, CA 95014" consisting of 11 sheets labeled as T-1, A-1 through A-6, D-1, GN -1, GN -2, and S-1, dated January 7, 2019, 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 wireless antennas and all associated equipment shall be removed from the site no later than 12 months after installation, or March 1, 2020, whichever occurs first. The Applicant shall notify the City when the equipment 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. RF SAFETY MITIGATIONS RF Safety measures are required to protect the health of workers and contractors authorized to work on equipment located on the building rooftop. These measures include: TUP-2019-01 18920 Forge Drive Temporary Wireless Facility Page 5 a) Appropriate RF safety training, to include review of personal monitor use and lockout/tagout procedures, be provided to all authorized personnel who have access to the antennas. b) No access within six feet directly in front of the antennas themselves while the pertinent group of antennas are in operation, unless other measures can be demonstrated to ensure that occupational protection requirements are met. c) Explanatory/RF warning signs and carrier contact information be posted on the antennas, readily visible from any angle of approach to persons who might need to work within that distance. 6. 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. 7. 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 misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 8. 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. 9. 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 approval of the temporary use permit is effective February 6, 2019. The fourteen (14) calendar appeal period will expire on February 20, 2019. TUP-2019-01 18920 Forge Drive Temporary Wireless Facility Attachments Attachment 1— Plan Set Attachment 2 — RF Study Attachment 3 — Coverage Maps P:\PDREPORT\DIR-TUPreports\TUP REPORTS \ 2019 \ TUP-2019-01.docx Page 6