103-B. Director's Minor Mod Approval dated 9/7/10.pdfCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014, (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Approved by Aarti Shrivastava, Director of Community Development
Prepared by Colin Jung, Senior Planner
Date: September 7, 2010
Subject: Director's Minor Modification (DIR-2010-28) to allow 'the addition of a
personal wireless service facility (rnicrocell), consisting of three panel antennas
and four associated equipment cabinets on an existing utility pole in the public
right-of-way in front of 11371 Bubb Road.
Chapter 19.132 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports her decision
to the City Council and Planning Commission and notices property
owners within 1,000-foot radius in time to allow any Council member,
Planning Commissioner or member of the public to appeal the decision
within fourteen calendar days.
BACKGROUND
The applicant, Dayna Aguirre, representing T-Mobile, is proposing to establish a
personal wireless service facility (microcell) mounted on an existing utility pole located
in the public right-of-way in front of 11371 Bubb Road. It consists of three panel
antennas fastened by a bracket to the power pole and four associated equipment
cabinets mounted directly to the same pole (Attachment 1).
Microcells are low -power personal wireless service facilities designed to serve a small
area. In this particular case, this facility is designed to provide PCS telephone
coverage to a small area around southern Bubb Road and a portion of Rainbow Drive
(Attachment 2).
This facility falls under the recently adopted, revised wireless communications facilities
ordinance (CMC chapter 19.108) that permits such facilities on utility poles, regardless
of proximity to a residential property line as long as the facility meets federal safety
standards for radio frequency emissions.
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Proposed Microcell
DISCUSSION
The proposed wireless facility complies with the City's Ordinance. The antennas are at
about 45 feet where 55 feet is allowed. The antennas are mounted on a utility pole,
which exempts them from the residential setback requirement of 75 feet, as long as
Federal safety standards for radio frequency energy are met (see discussions on Radio
Frequency Assessment). All of the associated equipment cabinets are mounted on the
same side as the antenna to ensure a clear pathway for climbing linemen. In addition,
the equipment location is on the west side of the pole in order to address the wireless
communications coverage in that portion of the City (Attachment 3).
e propose aci ' y a ' h-th-e—Eity's�ireles�—Fa�i.�xtcsMastic--Pla��—.---
which articulates a visual preference for microcells in residential neighborhoods since
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Sentember 7.2010
such a facility can take advantage of existing vertical structures such as utility poles, in
lieu of building new vertical structures.
Radio Frequency Energy Assessment
The applicant has commissioned a radio frequency energy assessment prepared by
Hammett & Edison, Inc. to estimate the levels of radio frequency energy generated by
the proposed T-Mobile microcell site and evaluate those energy levels against adopted
federal safety limits for human exposure to radio frequency energy (Attachment 4).
The federal limits apply to continuous exposures and are intended to provide a prudent
margin of safety for all persons, regardless of age, gender, size or health.
The calculated, ground -level, maximum RF exposure due to the proposed T-Mobile
facility is 0.12% of the applicable public exposure limit (1 milliwatt per centimeter
squared). Second -story residential exposure to the west is slightly higher, 0.22% of the
applicable public exposure limit. Both calculated 'levels are well below adopted
federal safety standards.
Agency Review
Project plans were routed to the Cupertino Technology, Information and .
Communications Commission (TICC) for their commentary. The TIC Commissioner
noted that the RF emission exposure was well -within the federal safety standard; that
there was no serious aesthetic issue with placing the equipment on an existing utility
pole; and the radio coverage will cover a serious gap in T-Mobile's coverage
(Attachment 5).
ACTION
The Director of Community Development deems the modification minor and approves
the microcell facility with the following conditions of approval. State law requires a
minimum 10-year permit for personal wireless service facilities.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " T-Mobile West Corporation/A Delaware
Corporation/ SF24189D/ PG&E REGNART/ON BUBB RD. BETWEEN
FOLKSTONE DR. & CONRADIA CT./IN FRONT OF 11371 BUBB
ROAD/CUPERTINO, CA 95014" prepared by Michael Wilk Architecture dated
9/3/10 and consisting of ten sheets labeled T--1, T-2, LS1, A-1 through A-4, PS-1,
REF-1 and REF-2 except as may be amended by the conditions contained in this
resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, arts, a'n vihel exactions,
Pursuant to Government Code Section 66020(d) (1), these Conditions constitute
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September 7, 2010
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.
3. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous
period of 18 months, said antennae and associated facilities shall be removed.
The applicant shall bear the entire cost of demolition and removal.
4. EXPIRATION DATE
This Director's Minor Modification shall expire ten (10) 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.
5. CAMOUFLAGING OF EQUIPMENT
All cables shall be enclosed in conduit. The mounting brackets, conduit and
equipment cabinets shall be painted to match the color of the utility pole.
This Director's approval is effective September 7, 2010. The fourteen calendar day
appeal period will expire on September 21, 2010.
Enclosures:
Attachment 1
Photosimulations of microcell facility (3)
Attachment 2
T-Mobile Existing & Proposed Coverage Maps
Attachment 3
Email from PG&E
Attachment 4
RFR Assessment of T-Mobile West Corp. Proposed
Base Station, (Site No. SF24189D),11371 Bubb Road,
Cupertino, California
Attachment 5
Email communications from TIC Commissioner
Attachment 6
Plan Set
Referenced attachments that may not be included with this mailed report are available
in the Planning Department located at City Hall and may also be viewed at the
City's website at wwwxupertino.oi . Select the link to "Public Records" at the top bar,
then "Planning Department" folder, then "DIR Approvals" folder, then "2010" folder.
Select file number DIR-2010-28.
GplaisninglPDREPORT/BlRrcports/2010/DIR-2010-28.doc
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