DIR-2019-02.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, Interim Director of Community Development
Prepared by: Jeff Tsumura, Assistant Planner
Date: April 11, 2019
Subject: Director's Minor Modification, DIR-2019-02, to allow for the continued operation
of a personal wireless service facility and associated equipment for a period of ten
(10) years located at 500 Noranda Drive, APN 326-07-035.
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 14 calendar days.
BACKGROUND
On behalf of the property owner, PG&E, the applicant, Chris Coones of ForzaTelecom,
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 Quasi -Public (BQ), and is located at 500 Noranda Drive, bounded by residential
uses to the west, office uses to the north, and church property to the east and south, with access
off of Homestead Road.
DISCUSSION
The prior application, DIR-2008-37, had granted an approval to allow the construction of a
personal wireless service facility, consisting of eight panel antennas and a microwave dish
mounted on a rack affixed to an existing PG&E lattice tower with associated ground equipment.
A Height Exception, EXC-2008-17, allowed the eight panel antennas to be mounted at a height of
95 feet and the microwave dish at a height of 86 feet to the existing PG&E lattice. A Variance, V-
2008-01, allowed the array of eight panel antennas to be setback a minimum of 25 feet from the
nearest residential property line and the associated microwave dish to be setback a minimum of
24 feet from the nearest residential property line. The conditions of approval allowed for the
operations of the facility for ten years from the date of approval, March 10, 2019, during which
the applicant may apply for a renewal upon reviewing the condition of the wireless facility.
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.
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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.
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 0.00085 mW/cm2 (0.085%) of the applicable public exposure
limit, and the maximum calculated level at the second -floor elevation of any nearby building
would be 0.0011 mW/cm2 (0.11%) of the public exposure limit. The applicable public exposure
limit as established by the FCC is set at 1.00 mW/cm2 for Personal Communication (PCS)
equipment. Therefore, the report cited no recommended mitigation measures, other than the
presumed precautions PG&E already takes to ensure that there is no unauthorized access to its
tower. To prevent exposures in excess of the occupational limit by authorized PG&E workers, it
is expected that the operator will adhere to appropriate safety protocols adopted by the company.
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 "SF44041 PGE Stelling Sub", prepared by Michael Wilk
Architecture, consisting of 17 sheets labeled T-1 through T-5, Cl, C2, A-1 through A-8, S-1 and
S-2, 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. EXPIRATION DATE
This Director's Minor Modification shall expire ten years after the effective date of the permit.
The applicant may apply for a renewal of the minor modification at which time the Director
of Community Development may review the state of wireless communication and
camouflage technologies to determine if the visual impact of the personal wireless facility can
be reduced.
4. 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.
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5. 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.
6. 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
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.
7. 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 April 11, 2019. The 14 -calendar -day appeal period will expire
on April 25, 2019.
Enclosures:
Attachment A: Plan set
Attachment B: RF Emissions Compliance Report, prepared by Hammett & Edison, Inc.
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