DIR-2021-020 Action Letter CITY 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: Gian Paolo Martire, Senior Planner
Date: October 21, 2021
Subject: Director's Minor Modification, DIR-2021-020, to allow the installation of
three-antennas, in addition to the six-antennas existing, on a eucalyptus
monopole tower at Cupertino City Hall located at 10850 Torre Avenue,
APN 369-31-033.
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
The applicant Eric Lentz, of Lentz Planning, representing Verizon, is requesting to add
three antennas, in addition to the existing six antennas on a eucalyptus monopole tower
at Cupertino City Hall. The approved total number of antennas would increase from six
to nine. The monopole is located on the northeast corner of the City Hall property,
adjacent to Torre Avenue.To the west of the property Offices,to the east are single-family
homes (across Regnart Creek), and to the north are medium density townhomes.
DISCUSSION
The original cell tower was approved on October 6, 2015, by City Council for an
Architectural and Site Approval (ASA-2014-10),Development Permit(DP-2014-07, and a
Height Exception(EXC-2014-12) to allow a co-locatable cell tower with a height of 80 feet
and antennas to be mounted at a height of no more than 66 feet. The structure was
approved at 66 feet in height with six antennae.The proposal by Verizon is not increasing
the height or size of the structure, rather only the number of antennae from six to nine.
The applicant has submitted the application subject to Section 6409 of the Spectrum Act
of 2012, as further described in the next page.
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twenty feet, or more than the width of the tower structure at the level what was part of the original
of the appurtenance, whichever is greater. For other eligible support approval. Thus,no protrusion of
structures, it involves adding an appurtenance to the body of the the structure is proposed that
structure that would protrude from the edge of the structure by more would exceed the allowances
than six feet. listed.
For any eligible support structure, it involves installation of more No cabinets are proposed to be
than the standard number of new equipment cabinets for the added.
technology involved, but not to exceed four cabinets, or for base
stations,it involves installation of any new equipment cabinets on the
ground if there are no pre-existing ground cabinets associated with
the structure, or else involves installation of ground cabinets that are
more than 10% larger in height or overall volume than any other
round cabinets associated with the structure.
It entails any excavation or deployment outside the current site. None proposed as no
roundwork will be done.
It would defeat the concealment elements of the eligible support The proposed work will have no
structure. effect on the existing
concealment. Please review the
photo simulations (Attachment
C)
It does not comply with conditions associated with the siting approval The cell tower was approved
of the construction or modification of the eligible support structure or with a Architectural and Site
base station equipment, provided however that this limitation does Approval (ASA-2014-10),
not apply to any modification that is non-compliant with the siting Development Permit(DP-2014-
approval only in a manner that would not exceed the thresholds 07, and a Height Exception
identified in (1) through (4)above.47 CFR 1.6100(b)(7)(i)-(vi) (EXC-2014-12). None of the
proposed changes exceed the
thresholds identified in 1-4
listed above.
As demonstrated by the 6409 Checklist, the project is eligible as a streamlined facility.
Radio Frequency
A joint radio frequency (RF) energy emissions exposure report was prepared by Site Safe
to analyze the cumulative RF energy exposure of the antennae (Attachment B). The
calculated RF exposures at the exposure points of concern are as follows:
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Cumulative Maximum RF Energy Exposures
RF Exposure Location % of Cumulative Public Maximum Permissible
Exposure (MPE) Limit
Anywhere on ground level. <1%
Street Light Level 24%
The RF consultant notes that RF exposure can be significant around the antennas. The
tower is inaccessible to the public,but the consultant recommends mitigation for wireless
carrier technicians and maintenance staff who service the equipment to prevent
occupational exposures above Federal standards. The consultant recommends
explanatory signage at the base of the tower. The consultant also recommends
appropriate RF safety training to include personal monitor use and lockout/tagout
procedures for all personnel and contractors with rooftop access.
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 structures.
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 "Verizon/De Anza Stevens Creek (Antenna Mod)
10800 Torre Ave. Cupertino, CA 95014." prepared by Streamline Engineering and
Design, Inc. consisting of 10 sheets labeled A-1 -A-5, S-1, and T-1 -T-4 and dated on
2/26/21, 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 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
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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 tower. Mitigation measures are
detailed in the completed RF-EME Study completed by Telnet, Inc. and titled
"DEANZA STEVENS CREE-E-CITY OF CUPERT" dated February 10, 2021.
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
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 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
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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.
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 21, 2021. The fourteen-calendar-day appeal
period will expire on November 4, 2021.
Enclosures:
Attachment A: Plan set
Attachment B: RF-EME Study completed by Telnet, Inc. and titled "DEANZA STEVENS
CREE-E-CITY OF CUPERT" dated February 10, 2021.
Attachment C: Photo simulations
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