DIR-2018-20 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, Assistant Director of Community Development
Prepared by: Jeffrey Tsumura, Assistant Planner
Date: January 4, 2019
Subject: Director's Minor Modification, DIR-2018-20, to allow the relocation and
installation of new and existing equipment to an existing rooftop -mounted
wireless communications facility located at 10101 N. De Anza Boulevard, APN
326-34-071.
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, De Anza Properties, LLC, the applicant, Greg Davis of J5
Infrastructure Partners, is requesting to install new equipment, including a new enclosure unit
with new and relocated equipment, to an existing rooftop -mounted wireless communications
facility located at 10101 N. De Anza Boulevard. The property is zoned Planned General
Commercial, Residential (P(CG, Res)), and is located on the northwest comer of Stevens Creek
Boulevard and N. De Anza Boulevard. The project address is located next to Marina Plaza to the
north, and bank and office uses to the east, south, and west.
DISCUSSION
The original wireless facility was approved via DIR-1999-18 on December 13, 1999, allowing the
installation of 12 individual panel antennas flush -mounted in groups of four to the existing
enclosure wall used to screen existing rooftop mechanical equipment. Associated base equipment
was also approved under this permit to be located in the then -unused storage area in the
basement garage of the building.
The proposed scope of work will include the removal and replacement of three antennas and six
remote radio units (RRUs) (Attachment 1). The Director's Minor Modification is required due to
the relocation of the Sector B panels, consisting of four antennas and RRUs, originally fa�ade-
mounted on the western side of the existing mechanical screen wall. Although the original Sector
B location had a clear westerly line of sight, an HVAC unit was installed directly in front of the
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antennas in early 2018, which caused significant wireless signal interference (PIM) due to the
HVAC's metal framing, piping, and fittings. The installation of this unit rendered the antennas
nearly inoperable and required an alternate location for the Sector B antennas to ensure adequate
levels of wireless coverage.
The panels have been temporarily relocated to the westerly edge of the building while the
applicant worked with staff to explore several options for permanent locations. This investigation
considered relocating the panels at different segments and at varying heights along the westerly
facing mechanical wall. However, these continued to be significantly affected by the existing
HVAC unit and also degraded the aesthetics of the building when viewed from the public ROW.
The proposed relocation of the Sector B panels and associated equipment is enclosed behind a
new 15'-0"(L) x 5'-0"(W) x 6'-0"(H) fiberglass reinforced plastic (FRP) screen wall. The location of
the FRP enclosure will allow AT&T to place the antenna faces on the same horizontal plane as the
westerly -most edge of the HVAC unit (approximately 16 feet from the westerly building edge),
eliminating PIM concerns. Photosimulations provided by the applicant show the proposed
enclosure at various vantage points around the project site (Attachment 2). Most of these views,
particularly offsite, will have minimal views to the FRP screening, with the clearest visibility only
from within the Marina Plaza parking lot. However, the FRP enclosure will be designed and
painted to match the red -brick facade of the existing mechanical screen wall, integrating it into
the building elevation and minimizing aesthetic impacts when viewed from the public ROW. A
condition of approval has been added to this effect, to the satisfaction of the Community
Development Director.
A radio frequency (RF) energy emissions exposure report was prepared by Waterford
Consultants, to analyze the RF energy exposure of the existing, new, and relocated wireless
equipment at the project site (Attachment 3). 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, due to occupational exposure limits for areas on the roof
predicted to exceed the General Population limits, barriers and RF alerting signs have been
recommended to help mitigate unintended exposure in these areas. A condition of approval has
been added to ensure these recommendations are carried out.
The proposed wireless facility complies with the City's Wireless Communications Facilities
Ordinance (CMC 19.136) and conforms with the City's Wireless Facilities Master Plan by locating
wireless facilities on existing non-residential buildings.
A C'TTONJ
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:
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APPROVED EXHIBITS
Approval is based on exhibits titled "CCL00737 Central Cupertino, Rooftop/Shelter, 10101
North De Anza Boulevard, Cupertino, CA 95014" prepared by J5 Infrastructure Partners,
consisting of fifteen (15) sheets labeled T-1, A-1 through A-6, D-1, D-2, G-1, G-2, GN -1, GN -2,
and RF -1, dated 8/7/18 and updated on 12/4/18, 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. BUILDING PERMIT REQUIRED
This approval does not constitute building permit approval; a separate building permit is
required.
5. RF SAFETY MITIGATIONS
RF Safety measures are required to protect the health of workers and contractors authorize to
work on equipment located on the building rooftop. These measures include:
a) Explanatory/RF warning signs and carrier contact information located on all rooftop
access doors/hatches and on equipment screens located in front of the panel antennas.
b) Designated barrier areas, delineating the areas of significant RF exposure.
c) Coordination with AT&T Mobility prior to any work activity in front of the transmitting
antennas.
The mitigation measures are further detailed in the report titled: "Radio Frequency Emissions
Compliance Report for AT&T Mobility", prepared by Waterford Consultants, LLC, dated
August 2, 2018.
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
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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 January 4, 2019. The 14 -calendar day appeal period will
expire on January 18, 2019.
Enclosures:
Attachment 1: Plan set
Attachment 2: Photosimulations
Attachment 3: RF Study, prepared by Waterford Consultants, LLC
Attachment 4: Applicant Request Letter
G: APlanning \ PDREPORT \ DIR-TUPreports \2018 \ DIR-2018-20.docx
CC: De Anza Properties, 160 W. Santa Clara Street, #350, San Jose, CA 95113
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