TUP-2020-002 Action Letter CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Benjamin Fu, Director of Community Development
Prepared by: Jeffrey Tsumura, Associate Planner �
Date. September 8, 2020
�"fo=njamin Fu, 9/8/2020
Subject: Director's Temporary Use Permit,TUP-2020-002, to allow for the continued
operations 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 14 calendar days.
DISCUSSION
The applicant, Benjamin Louie, on behalf of Apple, Inc., is requesting approval to allow
the continued operations of a temporary wireless facility for a period of 12 months,
located on the office building at 18920 Forge Drive (Attachment 1).
Background
The antennas were previously approved on February 12, 2019 under TUP-2019-01 for a
period of 12 months. During this time, the temporary facility was 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. The applicant is requesting a Temporary Use
Permit to allow continued testing and operations of the existing equipment for a period
of an additional 12 months. No additional equipment or changes to the layout and
locations are proposed.
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.
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18920 Forge Drive Temporary Wireless Facility Page 2
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The facility is located at the southwesterly corner of the south and west-facing building
walls.
Equipment
The 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
extends up to 12 inches from the t
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 Antenna configuration looking northeast(2019)
system provides better stability and is
painted to match the building.
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18920 Forge Drive Temporary Wireless Facility Page 3
Three antennas are installed on the west-facing building wall at the southernmost corner,
and three antennas are installed on the south-facing building wall at the westernmost
corner.
Elevation View
0
South Elevation
11 LIL F1
West Elevation
Visibility
The antennas are located 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 (approximately
70 feet from the shared property line), 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. No neighbor complaints were received for the allowed
operations under TUP-2019-01.
Noise
The antennas will not run on generators or similar power sources that can cause
significant stationary noise. Additionally, the 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
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18920 Forge Drive Temporary Wireless Facility Page 4
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
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, and an RF study from Hammett & Edison, Inc., dated August 20, 2020,
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 September 8, 2021, 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.
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18920 Forge Drive Temporary Wireless Facility Page 5
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:
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
As part of the application,to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the "indemnified parties") from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as "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 related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
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18920 Forge Drive Temporary Wireless Facility Page 6
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel 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. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys' fees, or costs
awards, including attorneys' fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment)if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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.
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This approval of the temporary use permit is effective September 8,2020. The 14-calendar
appeal period will expire on September 22, 2020.
Attachments
Attachment 1 —Plan Set
Attachment 2—RF Study
Attachment 3—Request Letter
Attachment 4—Coverage Maps
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