Action LetterCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Director of Community Development
Prepared by: Erick Serrano, Senior Planner
Date: October 7, 2019
Subject: Director's Minor Modification, DIR-2019-005, to allow for the continued operation
of a personal wireless service facility, extension of approval for a period of ten
years, and enlargement of the existing stealth enclosure located at 21760 Stevens
Creek Boulevard, APN 315-17-082.
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, Pestana Family Ptshp LP, the applicant, Eric Lentz of
ForzaTelecom, representing T-Mobile, is proposing modification of an existing wireless
communication facility. The property is zoned Planned Development with Commercial
Neighborhood, Light Industrial, and Residential Intent (P(CN, ML, Res 4-12), and is located at
21760 Stevens Creek Blvd. The project is bounded by general commercial uses to the north and
east, with residential located to the south and west.
DISCUSSION
The original approval for the existing wireless communication facility occurred in 2005 with
application ASA-2005-13. The application required screening of the antennas with a faux chimney
that complemented the architecture of the building. In June 2010, the applicant submitted another
application, DIR-2010-23, to extend the ASA approval to December 15, 2020.
Under the current proposal, the applicant will extend the approval to December 15, 2030, and is
requesting the expansion of the existing wireless communication facility area. Currently, the
facility measures an area of 4 feet by 4 feet; however, the project is requesting a modification to
expand the area to 5 feet by 5 feet. This would allow for the removal and replacement of existing
cellular equipment. The height of the existing stealth enclosure will remain at 37 feet from
finished grade.
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A Radio Frequency - Electromagnetic Energy (RF-EME) Compliance Report was prepared by EBI
Consulting regarding the proposed project. EBI Consulting's modeling indicates that the area in
front of the T-Mobile antennas at the rooftop level will exceed the FCC standards for general
public and occupational exposure. In order to mitigate the potential impacts of exposure and to
be consistent with FCC standards, the project will be required to implement the mitigations
identified in the report and referenced as Condition of Approval #4. These mitigations include
(1) signage to alert any workers accessing the site, (2) access to the rooftop or areas associated
with the active antenna installation be restricted and secured where possible, and (3) when
warning signs are required, other markings (painted striping, chains, or fencing) are to be used
to identify the perimeter of each safety zone.
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:
1. APPROVED EXHIBITS
Approval is based on exhibits titled "SF14973A BI-MARK STEVENS CREK BLVD", prepared
by Borges Architectural Group Inc., consisting of 11 sheets labeled as T-1 through T-2, and A-
1.1 through A-4.2, E-1, and G-1 dated June 11, 2019 and the Radio Frequency -
Electromagnetic Energy (RF-EME) Compliance Report (1,600) prepared by EBI Consulting
consisting of 14 pages dated May 1, 2019, 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 on December 15, 2030. 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. RADIO FREQUENCEY HAZARD MITIGATION MEASURES
The project shall incorporate the required mitigation measures identified in the Radio -
Frequency - Electromagnetic Energy (RF-EME) Compliance Report (L600) prepared by EBI
Consulting dated May 1, 2019.
5. ACCURACY OF THE PROJECT PLANS
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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.
6. 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.
7. 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.
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.
This Director's approval is effective October 7, 2019. The 14-calendar-day appeal period will
expire on October 21, 2019.
Enclosures:
Attachment A: Plan set
Attachment B: Radio Frequency — Electromagnetic Energy (RF-EME) Compliance Report,
prepared by EBI Consulting
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