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CC 01-20-2015, Exhibit, Appeal of Planning Commission Approval Verizon Wireless FacilityAppeal of a Planning Commission Approval Verizon Wireless Facility @ Cupertino HS Application Nos. DIR-2014-27, EXC-2014-06 ■ Referral of a Director's Minor Modification to allow the .construction of a personal wireless service facility with 6 panel antennas on an existing sports field light pole, a base equipment station and an emergency power generator. ■ Height Exception to allow the mounting of the antennas at a height of 74'- 6" or less when the ordinance maximum height is 55'. Background Information ® Property Location: 10100 Finch Ave. APN 375-06-001 & =002 ® Appellants: Muzhou Shao, Huijing Cao, & Luwen Lin ® Applicant: Pamela Nobel, NSA Wireless (for Verizon Wireless) ® Property Owner: Fremont Union High School District Background Information Cont. ■ Project heard by Planning Commission on August 26, 2014. ■ Primary public concerns were perceived health effects from the radio frequency emissions ■ Other concerns were aesthetics, structural integrity of the pole & security. ■ Commission approved project on a 3-2 vote. ■ Appeal on Sept..8, 2014. Appeal Petition Point #1 1. The (antenna) height proposed exceeds the limits stated in the City regulation. The City Ordinance allows antenna heights to exceed the maximum of 55 feet if a height exception is granted. The Planning Commission made the required findings and granted the exception. To date, the City has approved 11 exceptions for antenna heights ranging from 60 ft. to 158 ft., including a 67 -ft. exception for the adjacent Nextel cell tower/light pole @ CHS. Appeal Petition Point #2' -,,2. Negative aesthetic effect on holues . & school The 92 -ft tall. sports field .l gl-it-pole- already, exists. Generally it is encouraged for antennas to be mounted on existing utll� y or light. es Appeal Petition Point #3 3. No coverage issue at Cupertino High School and surrounding neighborhood. According to Verizon, the proposed antenna will improve the existing coverage rating from poor to good. Existing Coverage .1 Is F.-. J -r_ 1/20/2015 Appeal Petition Point #5 5. Lack of sufficient disclosure and communication to high school families and community. Planning Commission hearing was legally noticed, which included: ■ A legal advertisement in the Cupertino Courier. ■ Mailed notice to property owners within 300' of the school 10 days prior to the hearing. ■ Posting on the City's official notice board. ■ Posting on the City's website. ■ Site signageposted at the high school along Tilson enue Avand Finch Avenue U days before Rearing. In addition, Verizon hosted a neighborhood meeting prior to Commission hearing. Noticed to 300 -ft radius property owners. Appeal Petition Point #6 6. Cupertino High School is not a good location for a cell tower because it does not provide enough coverage for a poor reception area. Verizon needs to provide a plan to address coverage for all poor reception areas and have it reviewed by City. The proposed facility will enhance overall Verizon coverage (indoor and outdoor) in the area. The applicant evaluated numerous alternative locations and confirmed the school sports field was the most ideal location. 1/20/2015 adequate coverage. - Vallco Shopping Center/AMC Received staff approval for cell facility, but Rooftop, 10123 Stevens Creek recent property ownership change has Blvd. removed viability of a long-term site lease. Cupertino Financial Center, Pursued site, but landlord backed out of 10050 Stevens Creek Blvd. transaction. Existing Sprint facility on rooftop Bethel Lutheran Church, 10181 Inadequate space in parking lot for equipment Finch Avenue shelter; very close proximity to residences Existing Nextel -Sprint cell/light Collocation height for antennas is too low to pole @ Cupertino High School, meet Verizon Wireless's radio propagation 10100 Finch Ave. requirements. 3 -story office bldg., 5425 Too close to existing Verizon cell site at 5300 Stevens Creek Blvd. a, Bret Ave. Stevens Creek Blvd., San Jose 6 -story office bldg., 5405 Stevens Too close to existing Verizon cell site at 5300 Creek Blvd. a Stem Ave. Stevens Creek Blvd., San Jose Recommendation Deny the Appeal of the Planning Commission Approval of the Director's Minor Modification (U-2014-27) and Height Exception (EXC-2014-06) for a personal wireless service facility at Cupertino High School. MACKENZIE & ALBRITTON LLP 220 SANSOME STREET, 14TH FLOOR SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE 415/288-4000 FACSIMILE 415/288-4010 November 26, 2014 VIA EMAIL AND FEDEX City Council City of Cupertino 10300 Torre Avenue Cupertino, California 95014 4IS Re: Appeal of Verizon Wireless Application DIR-2014-27, EXC-2014-06 Telecommunications Facility Cupertino High School, 10100 Finch Avenue Dear Council Members: We write on behalf of our client Verizon Wireless to ask that you follow the well - reasoned recommendation of planning staff and uphold the Planning Commission's approval of a proposed Verizon Wireless facility at Cupertino High School (the "Approved Facility"). The appeal by Muzhou Shao, Luwen Lin and Huijing Cao ("Appellants") has no merit and should be denied. ♦Verlwn i 1fir eleuu ha.�'i vvwrked diiigeliby tv identity a I ativii aiid dejign that VViii serve eastern Cupertino with the least impacts to the community. In all, a total of six alternate sites were reviewed. The preferred alternative involves placing six antennas on an existing 92 -foot stadium light standard that was designed for mounting wireless antennas. To minimize visual impacts, the proposed antennas will be mounted directly to the pole. To identify any community concerns, Verizon Wireless held a community meeting at the site on August 22, 2014. Notice of the community meeting was mailed to all property owners within 300 feet of the property on August 4, 2014. The need for improved Verizon Wireless service in eastern Cupertino has been confirmed by the 1,210 text messages received by Verizon Wireless in support of the Approved Facility.' As described below, the Approved Facility fully complies with all requirements for approval under the City of Cupertino Wireless Facilities Master Plan (the "Master Plan") and the Cupertino Municipal Code (the "Code"). In addition, it will provide badly needed improvements to Verizon Wireless service in the area, and there is no less ' A letter from Verizon Wireless Marketing Director Ross Bennett that describes support text messages received is provided under separate cover. Cupertino City Council November 26, 2014 Page 2 of 10 intrusive alternative. Finally, a competitor of Verizon Wireless already operates a similar facility with antennas mounted on another light standard at the same stadium. For all of these reasons, federal law compels approval of Verizon Wireless's application. We strongly encourage the City Council to uphold the Planning Commission's well -reasoned decision and deny the appeal. I. The Project The Approved Facility has been thoughtfully designed to minimize any aesthetic impact. Verizon Wireless proposes to attach its antennas to an existing 92 -foot tall stadium light standard. The antennas will be mounted using a stacked design, with three antennas mounted at 65 feet and three at 71 feet 6 inches. This design allows antennas to be mounted as close as possible to the pole, avoiding unsightly crossanns and minimizing any aesthetic impacts. Radio equipment will be located in a nearby existing modular building, and a generator located in a fenced enclosure on an adjacent pad will supply backup power in case of emergencies. A photosimulation of the Approved Facility is attached as Exhibit A. Prior to Planning Commission approval, the proposed design was reviewed by the City's Technology, Information & Communications Commission, which supported the project with recommended conditions of approval regarding noise compliance and RF safety training. Those conditions were incorporated into the Planning Commission resolution. A report by Hammett & Edison, Inc., Consulting Engineers, dated May 19, 2014 (the "H&E RF Report"), attached as Exhibit B confirms that radio-frequency ("RF") emissions from the facility will fully comply with Federal Communications Commission (`PCY`' miirlalinac Annthar rannrt by Wammatt Rr -P licnn AQ+,rl T„"� Q 7(11 A (th. "H&E Acoustic Report"), attached as Exhibit C, confirms that noise levels from the Approved Facility will not exceed 39.5 dBA at the nearest property line. This is well below the City's most restrictive limit of 50 dBA, and is based on the worst-case assumption of simultaneous operation of the condenser and the emergency generator. II. The Approved Facility Fully Complies with the Cupertino Wireless Master Plan and All Code Requirements. As confirmed in the Planning Commission Staff Report dated August 26, 2014, the Approved Facility meets all requirements for approval under the Master Plan and Code. Verizon Wireless chose a design and location that conform to the highest preferences of the Master Plan, that is, antennas mounted on an existing structure in a non-residential zone. The height of the uppennost tip of the antennas will be 74 feet 6 inches, which requires an exception to the zoning district height limit of 55 feet. In approving that exception, the Planning Commission properly made the three findings required under Code § 19.136.090: that the antenna height is consistent with the intent of Cupertino City Council November 26, 2014 Page 3 of 10 the Wireless Communication Facilities chapter of the Code, is not injurious to adjacent properties, and does not result in a hazardous condition. The Approved Facility is unmanned and will not generate significant traffic. As discussed above, it complies with FCC public exposure limits and City of Cupertino noise regulations, and has been carefully designed to minimize aesthetic impacts. In short, the Approved Facility will not create any environmental or land use impacts of any kind that could justify denial of the Approved Facility. III. Federal Law Compels Approval of the Approved Facility. Verizon Wireless is licensed by the FCC to provide wireless telecommunications services throughout the United States, including Cupertino. The siting of wireless communications facilities ("WCFs"), including the one at issue here, is governed by federal law. While it reserves to local governments control over the siting, placement and modification of WCFs, the federal Telecommunications Act (the "TCA") places "certain limitations on localities' control over the construction and modification of WCFs." Sprint PCSAssets, LLC v. City of Palos Verdes Estates, 583 F.3d 716, 721 (9th Cir. 2009). Specifically, the TCA preserves local control over land use decisions, subject to the following explicit statutory restrictions: • The local government must act on a permit application within a reasonable period of time (47 U.S.C. §332(c)(7)(B)(ii)); • Any denial of an application must be in writing and supported by substantial evidence contained in a written record (47 U.S.C. §332(c)(7)(B)(iii)); • 1 7f1P Intal anvPrnmPnt maw T9nf rPmlIntP ilia "JQoP "+ -of +' nr ..,..... 4D-..,..................7 ...,....b.,...........,y....,.,.�..,..y —.—MOn, vi modification of WCFs on the basis of the environmental effects of radio frequency emissions to the extent such facilities comply with the FCC's regulations concerning such emissions (47 U.S.C. §332(c)(7)(B)(iv)); • The local government may not unreasonably discriminate among providers of functionally equivalent services (47 U.S.C. §332(c)(7)(B)(i)(I)); and • The local government's decision must not "prohibit or have the effect of prohibiting the provision of personal wireless services" (47 U.S.C. §332(c)(7)(B)(i)(II)). With this legal framework in mind, we address below the specific federal law issues before the City Council with respect to this application. J Cupertino City Council November 26, 2014 Page 4 of 10 IV. Substantial Evidence for Approval, No Substantial Evidence for Denial As interpreted under controlling federal court decisions, the "substantial evidence" requirement means that a local government's decision to deny a WCF application must be "authorized by applicable local regulations and supported by a reasonable amount of evidence (i.e., more than a `scintilla' but not necessarily a preponderance)." See Metro PCS, Inc. v. City and County of San Francisco, 400 F.3d 715, 725 (9th Cir. 2005). In other words, a local government must have specific reasons that are both consistent with the local regulations and supported by substantial evidence in the record to deny a wireless facility permit. While a local government may regulate the placement of WCFs based on aesthetics, it must have specific reasons that are both consistent with the local regulations and supported by substantial evidence in the record. Generalized concerns or opinions about aesthetics or compatibility with a neighborhood are insufficient to constitute substantial evidence to deny a permit. See City of Rancho Palos Verdes v. Abrains, 101 Cal. App. 4th 367, 381 (2002). As set forth above, Verizon Wireless has provided substantial evidence to confirm that the Approved Facility complies with all requirements of the Master Plan and Code. Photosimulations confirm that adding antennas to an existing 92 -foot light standard will have no significant aesthetic impacts. As confirmed by the Planning Commission, Verizon Wireless has chosen both the highest preference location and the highest preference design under the Master Plan. Finally, the H&E RF Report confirms that the Approved Facility will operate far below the FCC's exposure limits, and the H&E Acoustic Report confin-ns that it will fully comply with Cupertino noise regulations. Tn rnntrnct Annallnntc nrnw;Al nn P.,;.1A, — log �10 e rho „ b-a-t;.,l o ,,1e YaV - uV V vauVUVV, 1VL U1VnV L11V JU VaLGL11L10.1 VV1ULJllIiV required under federal law, to warrant denial of Verizon Wireless's application. V. Radio Frequency Emissions Comply with FCC Standards and Are not a Local Zoning Issue. A scattering of local residents have objected to the Approved Facility based on generalized fears of the health effects of RF emissions. However, local governments are specifically precluded under federal statute from considering any alleged health or environmental effects of RF emissions of proposed WCFs "to the extent such facilities comply with the FCC's regulations concerning such emissions." 47 U.S.C. §332(c)(7)(B)(iv). As set forth in the H&E RF Report referenced above, the Approved Facility fully complies with — and will operate far below — applicable FCC limits. Indeed, the H&E RF Report calculates that the maximum exposure anywhere at ground level is 2.3% of the applicable FCC public limit and at any nearby school building 330 feet away is 1.9% of the applicable public limit. Cupertino City Council November 26, 2014 Page 5 of 10 Moreover, federal preemption goes beyond decisions that are explicitly based on RF emissions. It also bars efforts to circumvent such preemption through some proxy such as aesthetics or property values. See, e.g., AT&T Wireless Servs. of Cal. LLC v. City of Carlsbad, 308 F. Supp. 2d 1148, 1159 (S.D. Cal. 2003) (in light of federal preemption, "concern over the decrease in property values may not be considered as substantial evidence if the fear of property value depreciation is based on concern over the health effects caused by RF emissions"); Calif. RSA No. 4, d../b/a Verizon Wireless v. Madera County, 332 F. Supp. 2d 1291, 1311 (E.D. Cal. 2003) ("complaints about property values were really a proxy for concerns about possible environmental effects of RF [emissions], which cannot provide the basis to support a decision"). Where, as here, a WCF has been shown to fully comply with FCC guidelines, health concerns, or any proxy for health concerns, cannot justify rejection of the Approved Facility. VI. Denial Would Constitute Unreasonable Discrimination. In its decisions regarding WCF permits, a local jurisdiction may not unreasonably discriminate between companies that provide functionally equivalent wireless services. Federal courts considering such cases have ruled that such discrimination occurs where a provider has been "treated differently from other providers whose facilities are `similarly situated' in terms of the `structure, placement or cumulative impact' as the facilities in question." MetroPCS v. San Francisco, 400 F.3d at 727. The City of Cupertino approved the existing Sprint facility on a different light standard at the Cupertino High School stadium in 2000. The impacts from the existing Sprint facility are negligible as the antennas are mounted to the light standard in a manner similar to Verizon Wireless's proposal. As properly determined by the Planning Commission and staff, the Approved Facility poses no new impacts and certainly no 1111pa�LS that are drflijr%ill 110111 L11VJe Vf L11e Spr1nL IaLA11Ly. V11LLe1 L11GJG clicumstances, the Approved Facility is clearly "similarly situated" to the approved Sprint facility, and denial of the Verizon Wireless application would constitute unlawful discrimination under 47 U.S.C. §332(c)(7)(B)(i)(I). VII. Denial Would Constitute an Unlawful Prohibition of Service. A local government violates the "effective prohibition" clause of the TCA if it prevents a wireless provider from closing a "significant gap" in service by the least intrusive means. This issue involves a two-pronged analysis: (1) whether the provider has demonstrated the existence of a "significant gap" in coverage; and (2) whether the proposed facility is the "least intrusive means," in relation to the land use values embodied in local regulations, to address the gap. See T -Mobile USA, Inc. v. City of Anacortes, 572 F.3d 987 (9th Cir. 2009); see also T -Mobile West Corp. v. City of Agoura Hills, 2010 U.S. Dist. LEXIS 134329 (C.D. Cal. 2010). If a provider demonstrates both the existence of a significant gap in service, and that the proposed facility meets the "least intrusive means" standard, the local Cupertino City Council November 26, 2014 Page 6 of 10 government is required to approve the facility, even if there would otherwise be substantial evidence to deny the permit under local land use provisions. This is because the requirements for federal preemption have been satisfied, i.e., denial of the .permit would "have the effect of prohibiting the provision of personal wireless services." 47 U.S.C. §332(c)(7)(B)(1)(ii); T -Mobile v. Anacortes, 572 F.3d at 999. For the local jurisdiction to avoid such preemption, it must show that another alternative is available, that it is technologically feasible, and that it is "less intrusive" than the proposed facility. T -Mobile v. Anacortes, 572 F.3d at 998-999. A. Verizon Wireless Has Demonstrated a Significant Gap in Coverage and fretwork Capacity. Verizon Wireless has documented the need for expanded coverage and improved network capacity in eastern Cupertino (the "Significant Gap"). The gap in coverage and capacity is fully documented in the Statement of Verizon Wireless Radio Frequency Design Engineer Brian Ung attached as Exhibit D (the "RF Engineer's Statement"). As shown through coverage maps included in the RF Engineer's Statement, there is a clear gap in Verizon Wireless service in eastern Cupertino that includes major roadways. As shown through capacity charts included in the RF Engineer's Statement, Verizon Wireless's network in eastern Cupertino has already reached capacity exhaustion during peak hours which is compromising network accessibility and reliability. Having established a significant gap in coverage and network capacity, Verizon Wireless has met the first prong of the two-part test required to presumptively establish a prohibition of service under federal law. B. The Alternatives Analysis Confirms that the Approved Facility is the T,. ..b T...6...,..5 �,,. ILS �.,. �,. T. SIE aL .. T.E ..�aStS ..J OS��SSS ,.„�d /'�__ Least AA1L1 wave Ideall.' to 1'11II L11C YLLC11L1A1CLl OlgI1111Ca11L klil�l 111 Verizon Wireless Service. In an effort to fill the identified Significant Gap, Verizon Wireless evaluated a total of six locations as shown in the comprehensive Alternatives Analysis attached as Exhibit E. As the Alternatives Analysis demonstrates, the Approved Facility's location and design — the most preferred under the City's Master Plan — is the least intrusive means of providing wireless service to the identified Significant Gap. When comparing the Approved Facility to other potential alternatives, it is important to note that federal law does not require that a site be the "only" alternative, but rather that no feasible alternative is less intrusive than the Approved Facility. MetroPCS v. San Francisco, 400 F.3d at 734-35. Here, as explained in the Alternatives Analysis, there is no feasible location that would be less intrusive than the Approved Facility. In short, Verizon Wireless has identified a significant gap in coverage and network capacity and has shown that the Approved Facility is the least intrusive means to address it, based on the values expressed in the Master Plan and Code. Under these Cupertino City Council November 26, 2014 Page 7 of 10 circumstances, Verizon Wireless has established the requirements for federal preemption such that denial of the permit would constitute an unlawful prohibition of service. VIII. Response to Appeal Appellants raise several grounds for appeal, none of which present the substantial evidence required under federal law to warrant denial of Verizon Wireless's application. 1. Antenna Height Permitted Under Code §19.136.090. Appellants first charge that the antennas will exceed height limits in the Code. However, as noted above, Code § 19.136.090 allows an approval body to grant a height exception if it can make three required findings. The Planning Commission, in its approval, easily made these three findings, based on substantial evidence. 2. Verizon Wireless Stealth Design Incorporating Existing Light Refutes Appellants' Claims of Aesthetic Impacts. Appellants claim that the Approved Facility will have a "negative effect on aesthetics of homes and schools," but offer no specifics, much less substantial evidence. In fact, the Approved Facility, situated near the center of the over -30 -acre high school campus, is located distant from any homes. The closest homes, to the east, are over 370 feet distant, beyond the east side of the stadium. In order to minimize aesthetic impacts, Verizon Wireless elected to use an existing 92 foot light standard that had been specifically designed for the placement of wireless antennas rather than constructing an entirely new cell tower. Verizon Wireless chose a vertically stacked design for mounting of its antennas which allows the antennas to be mounted nearly flush with the existing lialht Q!ta1114ar,1 minimi-7in the nyerall "VMM Ile of the light otond—A 0 n nntcrl tho & F 1 11611 Jl(Al1UlL1 U. 1J 11V1 - L11V Cupertino High School stadium already hosts Sprint antennas on the light standard immediately south of the Approved Facility, which is closer to homes than the antennas of the Approved Facility. Finally, photosimulations show that the Approved Facility will have minimal if any aesthetic impact to homes and schools. 3. Verizon Wireless Radio Frequency Design Engineer's Statement Clearly Identifies Significant Gap in Verizon Wireless Services. Appellants claim is that there is "no coverage issue in Cupertino High School and neighborhood" but provide no evidence and contradict this assertion in their sixth claim by stating that the high school site "is not a good selection because it does not provide enough coverage for poor -reception area." In the RF Engineer's Statement, Verizon Wireless has documented both coverage and network capacity issues in the Significant Gap that will be served by the Approved Facility. Verizon Wireless RF engineers use proprietary software and network data to determine the coverage and capacity needs of Verizon Wireless customers. Site selection and design are carefully determined based upon Verizon Wireless engineering requirements, taking into account topography, Cupertino City Council November 26, 2014 Page 8 of 10 buildings and other obstructions, usage patterns, and projected demand. Through the review of numerous sites by Verizon Wireless RF engineers based on network requirements, Verizon Wireless identified the Cupertino High School stadium light as the least intrusive alternative which can provide radio signal propagation to serve the Significant Gap. In short, there is no factual basis for Appellants' claim that the facility's location will not provide needed coverage and capacity. 4. Emissions Studies and Structural Reports Confirm Safety of Approved Facility. As to Appellants' claim of potential safety and environmental impacts to high school students and residents, this is nothing more than thinly disguised fears of RF emissions. As noted above, the facility's RF emissions will be far below federal limits, and therefore have no bearing on your review of the appeal. In addition, a condition of approval recommended by the City's Technology, Information & Communications Commission requires employees or contractors who work on the facility to be trained to safely maintain the facility. To the extent Appellants mean to suggest that the Approved Facility poses some other safety risk, unrelated to their RF fears, there is no factual basis for any such claim. Verizon Wireless selected a light standard built by the Fremont Union High School District with the express intent of allowing wireless carriers to place antennas. Like any other construction at Cupertino High School, the Approved Facility must undergo rigorous structure and safety review and inspection by the California Department of General Services Division of the State Architect ("DSA"). Any and all safety issues with respect to installation of antennas on the. existing light standard will be addressed through the DSA review and inspection process. In this regard, the tower manufacturer Valmont Structures has prepared a sti^uvt�ural analys, dated October 24, 2V14, aLtached as I-AMU1t F, which confirms that the existing pole is structurally adequate to support Verizon Wireless's proposed antennas and equipment. 5. Community Is Aware of Approved Facility through Verizon Wireless and City Public Notice and Signage. Appellants claim that there was a "lack of sufficient disclosure and communications to high school families and the community." As noted above, Verizon Wireless provided mailed notice of a community meeting to all neighbors within 300 feet. A copy of the Verizon Wireless notice, which explained the Approved Facility, is attached as Exhibit G-1. The City provided required public notice of the August 26, 2014, Planning Commission hearing to property owners within 300 feet of the high school campus, and notice was also published in the Cupertino Courier on August 15, 2014, posted on the City's web site and posted on signage at the high school campus. Photographs of two 4 -foot by 6 -foot signs posted at the high school announcing the Planning Commission hearing is attached as Exhibit G-2. Finally, through the filing of their appeal, Appellants have confirmed that they and their neighbors were fully aware of Cupertino City Council November 26, 2014 Page 9 of 10 Verizon Wireless's application and have full and timely opportunity to provide public comment into the City approval process. 6. Verizon Wireless's Future Plans Depend upon Approved Facility. Appellants ask that their appeal be granted pending a proposal from Verizon Wireless to remedy all service gaps in Cupertino. However, wireless communications demands are dynamic and Verizon Wireless's plans for future growth of its infrastructure must remain flexible. The Approved Facility addresses a current critical need for improved wireless service in eastern Cupertino. Other areas of Cupertino will also require service enhancements in the near future, and the Approved Facility has been located to fit within Verizon Wireless's dynamic network. Any effort to plan beyond these requirements would be speculative and potentially misleading. Finally, federal law does not allow local jurisdictions to dictate the technology or service provided by a wireless carrier or to mandate any particular buildout of any technology or network plan. See New York SMSA v. Ltd. v Town of Clarkstown, 612 F.3d 97 (2010). Appellants' demand that approval of the Approved Facility be withheld until'all Verizon Wireless needs in Cupertino have been addressed must be rejected. In sum, Appellants present a list of unsupported generalized objections, but no evidence to support those objections, let alone the substantial evidence required to support denial under federal law. In contrast, Verizon Wireless has provided ample evidence of compliance with the Master Plan and Code to support approval of the Approved Facility. Conclusion VPriw)n «TiYeIeSS has ::�orkedl ulilirrantlN7 . Ver the laot oA 7-1 +� ;A—+;Y tl,o i•15- .y uv—vvi—yi. ars w 1u�IILtl� Lue ideal location and design for a facility to serve eastern Cupertino. The resulting Approved Facility represents the least intrusive means of addressing the significant coverage and capacity gap. Reliable Verizon Wireless service in this area is essential to the health, safety, and welfare of residents, travelers, and emergency services providers in the surrounding community. We strongly encourage you to follow the recommendations of planning staff, uphold the Planning Commission approval, and deny the appeal. Very truly yours, Paul B. Albritton cc: Colin Jung Colleen Winchester, Esq. Cupertino City Council November 26, 2014, Page 10 of 10 Schedule of Exhibits Exhibit A: Photosimulations Exhibit B: Statement of Hammett & Edison, Inc., Consulting Engineers, RF Emissions Exhibit C: Statement of Hammett & Edison, Inc., Consulting Engineers, Noise Levels Exhibit D: Statement of Verizon Wireless Radio Frequency Design Engineer Brian Ung Exhibit E: Alternatives Analysis Exhibit F: Valmont Structures Structural Analysis Report Exhibit G-1: Notice for August 22, 2014 Community Meeting Exhibit G-2: Photograph of Public Notice Signs Posted at High School Exhibit A Cupertino High School Site # 278118 Looking Northwest from Stadium 10100 Finch Avenue View #1 3/27/14 Cupertino, CA Applied Imagination 510914-0500 reless Cupertino High School Site # 278118 Looking Northwest from Stadium 10100 Finch Avenue View #2 3/27/14 Cupertino, CA Applied Ima<pnabon 510 914.0500 Verizon Wireless Proposed Base Station'(Site No. 278118 "Cupertino High School") 10100 Finch Avenue • Cupertino, California Exhibit B Statement of Hammett & Edison, nc., .Consulting Engineers The firm of Hammett & -Edison, Inc., Consulting Engineers, has been retained: on behalf of. Verizon Wireless, a personal wireless telecommunications carrier, to evaluate the base station (Site: No. 278118 "Cupertino High School") proposed to be located at 10100 Finch Avenue in Cupertino, California, for, compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Executive Summary Verizon proposes to install directional panel antennas on a tall light pole sited at Cupertino High School, located at 10100 Finch Avenue in Cupertino. 'The proposed operation will, together with the existing base station at the site, comply with the FCC guidelines limiting public exposure to RF energy. Prevailing Exposure Standards The U.S. Congress requires that the Federal.. Communications Commission ("FCC") evaluate 'its actions for possible significant: impact on the.'environment. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide. a prudent margin of safety,for all persons, regardless of age, gender, size, or health. The most restrictive FCC limit for exposures of unlimited. duration to radio frequency energy for several personal wireless services are as follows: Wireless Service Frequency Band Occupational Limit Public Limit Microwave (Point -to -Point) '. 5;000-80,000 MHz:.. 5.00 mW/cm2 1.00 mW/cm2 BRS (Broadband Radio) 2,600 5.00 1.00 WCS (Wireless Communication) 2;300 5.00 1.00: AWS (Advanced Wireless) .. 2;100 5.00 1.00. PCS (Personal Communication) 1,950 5.00 ,, 1.00 Cellular 870 2.90 0.58 SMR (Specialized Mobile Radio) 855 2.85 0157 700 MHz 700 2.40 0.48 [most restrictive frequency range] 30-300 :.. 1.00 0.20 General ;Facility Requirements. Base stations :typically consist of two distinct parts: the. electronic transceivers (also called "radios or "channels") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The transceivers are often located at ground level and are. connected to the antennas by coaxial cables. A small- antenna for reception of GPS signals- is also required, mounted with a clear view of the sky. ( HAMMETr &: EDISON, INC. CONSULTING ENGINEERS R7AI e=' , SN ra,a�vG' Page 1 of 4 Verizon Wireless • Proposed.Base Station (Site No. 278118 "Cupertino High School") 10100. Finch Avenue • Cupertino, California Because of the, short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line -of -sight paths for their signals to propagate well Arid so are installed at some height above ground. -The antennas are designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or the ground. This means that it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically very near the antennas. Computer Modeling Method The FCC provides direction for determining compliance in its- Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC -Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 1997. Figure -2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very :close by (the "near -field effect) and that at greater distances the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has.been verified by numerous field tests. Site and Facility Description Based upon information provided by Verizon, including zoning drawings by Diamond Engineering Services, Inc., dated March 4, 2014, it is proposed to install; six directional panel: antennas — three Andrew Model HBXX-6516DS antennas and three Andrew Model LNX-6514DS' antennas — on the existing .92 -foot light pole sited on the north side of the west football bleachers at Cupertino High: School, located at 10100 Finch Avenue in Cupertino. The antennas would be mounted with up to IT downtilt at effective heights of about 65 and 71'h feet above ground and would be oriented in stacked pairs toward 606T, 180°T, and 3.106T, to provide service in all directions. :The maximum effective radiated power in any direction would be 10,300 watts, representing simultaneous operation at 4,110 watts for .AWS, 4,120 watts for PCS, and 2,070 watts for 700 MHz service. Located on a similar fight pole on the south side of the. bleachers, about 250 feet away, are similar antennas for use by Sprint Nextel. For the limited purpose of this study, the transmitting facilities of that carrier are assumed to be as follows: Service Maximum ERP Antenna Model Downtilt Height: it: PCS 3,000 watts Andrew RR9017 4° 80 ft SMR _ 1,500 _ Andrew DB844G65 4 80 T HAMMETT & EDISON, INC. b a C CONSMING ENGINEERS R7AI - G� s rt SANFIUNCISCU Page 2 of 4 Verizon Wireless • Proposed:Base Station (Site No. 278118 "Cupertino High School") 10100:Finch-Avenue • Cupertino, California Study Results For a person anywhere at ground, the maximum RF exposure level due to .the proposed Verizon operation by itself is calculated to be 0.021 mW/cm2, which is 2.3% of the applicable public exposure limit. The maximum calculated cumulative level at ground, for the simultaneous operation of both carriers, is 2.5% of the public exposure limit. The maximum calculated cumulative level for a person on the uppermost part of the bleachers is 6.0% of the limit. The maximum calculated cumulative .level at any nearby school building* is "1:9%o of the public limit. The maximum calculated cumulative level at the second -floor elevation of any nearby residence, is 1.5% of the public limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected.:to overstate actual power density. levels. Recommended Mitigation Measures Due to their mounting locations, the Verizon antennas would not be accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. To prevent occupational exposures in :excess of the FCC guidelines, it is recommended that appropriate RF safety training be provided to all authorized .personnel who have access to the pole, including, employees.and contractors of the wirelesscarriers and of the school district. No access within 16 feet directly in. front of the antennas themselves, such as might occur during maintenance work on the - lights or. pole, should be allowed while the base station is in operation, unless other measures can be demonstrated, to ensure that occupational protection requirements are :met. Posting explanatory signs$ at the antennas and/or on the pole below the antennas, such that the signs would be readily visible from any angle of approach to persons who might need to work within that distance, would be sufficient to meet FCC -adopted guidelines. Conclusion Based on the information and, analysis above, it is the undersigned's professional opinion . that operation of the base station proposed by Verizon Wireless at 10100 Finch Avenue in Cupertino, California, will comply with the prevailing standards for limiting public exposure: to radio frequency energy and, therefore, will not for this -reason cause a significant impact on the environment. The highest calculated level in publicly accessible: areas is much less than the prevailing standards allow, for exposures of unlimited duration.. This finding is consistent with measurements of actual exposure * Located at least 330 feet away, based on photographs from Google Maps. f Located at least 360 feet away, based on photographs from Google.Maps. $ Signs should comply with OET-65 color, symbol, and content recommendations. Contact information should be provided (e.g., a telephone:number)'to arrange for access to restricted areas. The selection of language(s) is not an engineering matter, and guidance: from the landlord, local zoning or health authority, or appropriate professionals may be required. HAMMETT & EDISON, INC. } 'CONSULTING ENGINEERS R7Al 4 max` .1 wt saNrKANcIsco Page 3 of 4, Verizon Wireless • Proposed Base Station (Site No. 278118 "Cupertino High School") 10100 Finch Avenue • Cupertino, California conditions taken at other operating base stations. Training authorized personnel and posting explanatory signs is recommended to establish compliance with occupational exposure limitations. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2015. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. May 19, 2014 707/996-5200 HAMMETT & EDISON, INC. CONSUL PING ENGINEERS R7AI sw RANCISC° Page 4 of 4 FCC Radio Frequency Protection Guide The U.S. Congress required (1.996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively,: have a: significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and.. Measurements (",NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent standard, developed by the Institute of Electrical and Electronics Engineers and approved as American National Standard ANSI/IEEE C95.1-2006, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes similar limits. These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for: occupational and public exposure; conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frequency Electromagnetic Fields (f is frequency of emission in MHz) Applicable Electric Magnetic Equivalent Far -Field Range Field Strength Field Strength Power Density (MHz) . (V/m) (A/m) (mW/cm2) 0.3— 1.34 614 614 1.63 1.63 100 100 1.34 3.0 614 823.81f 1.63 2.19/f 100 180/1 3.0— 30 1842/f 823.81f 4.89/ f 2.19/f 900/ f2 180/1. 30— 300 61.4 27.5 0.163 0.0729 1.0 0.2 300— 1,500 3.541�f 1.59f 1rf/106 /238 f/300 1/1500 1,500— 100,000 137 61.4 0.364 0.163 5.0 1.0 1000 100 3 .N 10 a �3 0.1 Occupational; Exposure PCS `� FM Cell Public Exposure 0.1 1 10 100 103 104 105 Frequency (MHz) Higher levels are allowed for short periods- of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings; respectively, do not exceed the limits, and higher: levels also are allowed for exposures to small areas, -such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering. and Technology Bulletin No. 65 .(August 1997) for projecting field levels. Hammett & Edison has built those formulas into:a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program- allows for the description of buildings and uneven. terrain, if required to obtain more `accurate projections. HAMMETT & EDT SON, IN C. ,_0Nst11. iir:;.; :NC iNr azo FCC Guidelines Figure 1 1 RFR.CALCTM Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment._ The maximum permissible exposure limits adopted by the FCC (see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such' that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications base stations, as well as dish (aperture) antennas, typically used for microwave links. The antenna patterns are not fully formed in the near field at these antennas, and the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives suitable formulas for calculating power density within such zones. For a panel or whip antenna, power density S = 0 x 0. D x h P ' in mW/cm2, 6 BW O.1x16XnXP..t and for an aperture antenna, maximum power density Smax - x h2 , in mW/cm2, where ABW = half -power beamwidth of the antenna, in degrees, and Pnet = net power input to the antenna, in watts, D = distance from antenna, in meters, h = aperture height of the antenna, in meters, and 71 = aperture efficiency (unitless, typically 0.5-0.8). The factor of 0.1 in the numerators converts to the desired units of power density. Far Field. OET-65 gives this formula for calculating power density in the far field of an individual RF source: 2.56x1.64x100xRFF2 xERP power density S = in mW/cm2 4xjrxD2 ' where ERP = total ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D = distance from the center of radiation to the point of calculation, in meters. The factor of'2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half -wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power. density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. Methodology Figure 2 Verizon Wireless -'Proposed -Base Station (Site No. 278118 "Cupertino High School") 10100 Finch Avenue • Cupertino, California Exhibit -C Statement of Hammett & Edison,. lnc., Consulting Engineers The firm. of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Verizon Wireless, a personal telecommunications carrier, to evaluate. its base station (Site No. 278118: "Cupertino High School") proposed to be located at 10100 Finch Avenue in Cupertino, California, for compliance with appropriate guidelines limiting sound levels from the installation. Executive Summary Verizon proposes to install a new base station at Cupertino High School, located at 10100 Finch Avenue in Cupertino, to include equipment cabinets within an existing building, air-conditioning for the cabinets, antennas on a tall pole, and a back-up diesel generator. Noise levels from the equipment operations will be below the allowed municipal limits. . Prevailing Standard The City of Cupertino sets forth limits on sound levels in Chapter 10.48.040 "Daytime and Nighttime Maximum Noise Levels" of its municipal code, as follows for. noise on neighboring properties in .the indicated zones: Zone :: "Day" 7 a.m. to 10 p.m. "Ni hg t" 10 p.m. to 7 a.m. Residential 60 dBA 50 dBA Non-residential 65 55 Figure 1 attached describes the calculation methodology used to determine applicable noise levels for evaluation against the prevailing standard. General Facility: Requirements Wireless telecommunications facilities ("cell .sites") typically consist of two distinct parts: the electronic base transceiver stations ("BTS" or "cabinets") that are connected to traditional wired -telephone lines, and the antennas that send wireless signals created by the BTS out to be received by individual subscriber units. The BTS are often located outdoors at ground level and are connected to the antennas by coaxial cables. The BTS typically require environmental units to cool the electronics inside. Such cooling is often integrated into the BTS, although external air conditioning may be installed, especially when the BTS are housed within a larger enclosure. Most.cell sites have back-up, battery power available, to run the base station for some number of hours in the event of a power outage.: Many sites have back-up power generators installed, to. run the station during an extended power outage.." . ,U­-,­­J,� HAMMETT & EDISON, INC. ti CONSULTING ENGINEERS H2IA * :: a SAN rRA.NCISCo Page 1 of 3 Verizon Wireless_ • Proposed Base Station (Site No. 278118 "Cupertino High School") 10100 Finch Avenue •Cupertino, California Site &,Facility Description Based upon'information provided :by Verizon, including drawings by Diamond Engineering Services, Inc.; :dated March 4, 2014, that carrier proposes to construct a base station, including equipment cabinets installed within a room to be created inside .the existing building located between the tennis courts and the'baseball field at Cupertino High School, located at 10100 Finch Avenue in Cupertino, California.. Directional panel antennas are proposed to be located on a tall pole near the baseball field; .: this portion of the base station is .passive, generating no noise. A 307kilowatt diesel back-up power generator, assumed for this analysis to be a Generac Model SD030 configured with the manufacturer's Level 2A sound enclosure, is to be installed within a fenced compound to be built against the tennis court fence, for emergency use in the event of an extended commercial power outage. The generator is typically operated with no load for a. single 15 -minute period once a week during daytime hours on a weekday, to maintain its readiness for emergency operation. To be installed within the generator compound are two condensing units, assumed for this -analysis to be Cold Point Model CNC748, part of the split -system cooling for the new equipment room. The nearest property lines are to the west and east, at about 3:50 feet away; the property: lines to the . north and south are much further away. Study Results Based on data from Generac, the maximum noise level from the generator is 63:0 dBA, measured at a reference distance of 23 feet. Based on data from Cold Point, the maximum noise level from one of the condensing. units'is 59.0 dBA; measured at a reference distance of 10 feet. Two condensing units are to be installed, paired, with two air handling units inside the equipment room; this arrangement provides for redundancy, so. th. e units operate only one at a time. Accounting just for the distance involved and ignoring the attenuating effects of the intervening buildings, the maximum. calculated noise level at the nearest property lines, for the simultaneous operation of the generator and one condenser, is 3-9.5 dBA, well below most restrictive, nighttime residential. limit of 50 dBA in Cupertino. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the operation of the Verizon Wireless .base station proposed to be located at 10100 Finch Avenue in Cupertino, California, will comply with that city's requirements for limiting acoustic noise emission levels. HAMMETT & EDISON, INC. r coNsut MIG ENGI vEEKs H2IA °. = * ,• , SANITANCISCO Page 2 of 3 Verizon Wireless • Proposed Base Station (Site No. 278118 "Cupertino High School") 10100 Finch Avenue • Cupertino, California Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2015. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. June 9, 2014 HAmmm & EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO pzz- -A; s William F. Ham tt, P.E. 707/996-5200 H2IA Page 3 of 3 Noise Level Calculation Methodology Most municipalities and other agencies specify noise limits in units of dBA, which is intended to mimic the reduced receptivity of the human ear to Sound Pressure .("LP") at particularly low or high frequencies. This frequency -sensitive c filter shape, shown in the graph to the right as defined in the International Electrotechnical Commission Standard No. 179, the American National Standards Institute Standard No. 5.1, and various other standards, is also incorporated into most calibrated field test equipment for measuring noise levels. 30 dBA library 40 dBA rural background 50 dBA office space 60 dBA conversation 70 dBA car radio 80 dBA traffic corner 90 dBA lawnmower 10 0 -I0 20 -30 -40 -s0 -60 -70 F -s0 1= 10 100 1000 10000 Frequency (Hz) The dBA units of measure are referenced to a pressure of 20 µPa (micropascals), which is the threshold of normal hearing. Although noise levels vary greatly by location and noise source, representative levels are shown in the box to the left. Manufacturers of many types of equipment, such as air conditioners, generators, and telecommunications devices, often test their products in various configurations to determine the acoustical emissions at certain distances. This data, normally expressed in dBA at a known reference distance, can be used to determine the corresponding sound pressure level at any particular distance, such as at a nearby building or property line. The sound pressure drops as the square of the increase in distance, according to the formula: where LP is the sound pressure level at distance Dp and LP = LK + 20 log(DK/DP), LK is the known sound pressure level at distance DK. Individual sound pressure levels at a particular point from several different noise sources cannot be combined directly in units of dBA. Rather, the units need to be converted to scalar sound intensity units in order to be added together, then converted back to decibel units, according to the formula: where LT is the total sound pressure level and L1 Lz L1, LZ, etc are individual sound pressure levels. LT = 10 log (10 /10 + 10 /10 + ...), Certain equipment installations may include the placement of barriers and/or absorptive materials to reduce transmission of noise beyond the site. Noise Reduction Coefficients ("NRC") are published for many different materials, expressed as unitless power factors, with 0 being perfect reflection and 1 being perfect absorption. Unpainted concrete block, for instance, can have an NRC as high as 0.35. However, a barrier's effectiveness depends on its specific configuration, as well as the materials used and their surface treatment. HAMM ETT & EDISON, INC. LO\SL'L:rI\t;1iNGIN►:IiR5 Methodology $A\ FRANCISCO Figure 1 Exhibit D VerrjLOnwireless 2785 Mitchell Drive Walnut Creek, CA 94598 November 20, 2014 To: Cupertino City Council From: Brian Ung, Radio Frequency Design Engineer, Verizon Wireless Network Engineering Department Subject: Statement in Support of Verizon Wireless's Proposed Telecommunications Facility at Cupertino High School Executive Summary Verizon Wireless has identified a significant gap in its wireless services in eastern Cupertino. This area is currently served by the existing Verizon Wireless facility located nearly one mile to the northeast of the proposed facility at 5300 Stevens Creek Boulevard in San Jose. The nearest existing Verizon Wireless facilities to the west, on the Apple campus and De Anza College campus, are one -and -one-half and two miles distant, and the nearest existing sites to the south, both in San Jose, are each approximately two miles distant. As a result, there is an absence if in -building coverage and spotty in -vehicle coverage. Further, accelerated growth in voice and data usage by Verizon Wireless customers in Cupertino has increased the demand on these network facilities in a manner that compromises network accessibility and reliability. This accelerating growth in demand has already led to capacity exhaustion of the Verizon Wireless facilities serving this area starting this year. This capacity gap must be remedied through new infrastructure to avoid further degradation of Verizon Wireless service in Cupertino. The coverage gap and capacity gap described below constitute the "significant gap" Verizon Wireless seeks to serve through a new facility (the "Significant Gap"). Coverage Gap Verizon Wireless is experiencing a gap in service coverage in an area of eastern Cupertino roughly bounded by Stevens Creek Boulevard to the north, Johnson Avenue to the east, Rainbow Drive to the south and Blaney Avenue to the west (the "Coverage Gap"). The Coverage Gap includes approximately two square miles in area and a population of nearly 25,000 residents. The Coverage Gap also includes heavily trafficked Miller Avenue and Bollinger Road, which currently experience over 35,000 vehicle trips per day.' A graphic description of the Coverage Gap is shown in the map below. Coverage plots like that below provide important information regarding the anticipated level of signal, and therefore the projected coverage provided by a site at a given location. The areas in green reflect good coverage that meets or exceed thresholds to provide consistent and reliable network coverage in vehicles and in homes. The areas in yellow and red depict decreasing levels of coverage, respectively, with yellow areas generally representing reliable in - vehicle coverage, and red areas depicting areas reliable for outdoor use only. Capacity Gap As noted, the identified gap area is currently served by distant sites. At times of high traffic volume, the coverage area of these distant sites shrinks to accommodate an increasing number of mobile devices adjacent to the sites. As a result, the Coverage Gap area actually expands during times of high customer usage. In addition, the volume of voice and data services used by Verizon Wireless customers has been increasing rapidly over time. As a result, the Coverage Gap area actually expands during times of high customer usage. In addition, the volume of voice and data services used by Verizon Wireless customers has been increasing rapidly over time, nearly doubling every year.2 Verizon Wireless has modified its adjacent facilities in an effort to maximize the capacity available; however, as shown in the graphic below, increased demand for voice and data services has already outstripped the capacity of adjacent sites. City of Cupertino Public Works Data. h ttp://www. cupertino. org/Mod ules/ShowDocument. aspx?documentid=7464 2 Federal Communications Commission Report & Order 14-153, October 17, 2014, 17. The below graphs show the increased usage over the last year as well as predicted usage through April 1, 2015 for the existing Cupertino, Apple and De Anza Verizon Wireless facilities shown in the previous map. By comparing the trend line of increasing usage with the absolute maximum capacity throughput of these facilities, Verizon Wireless RF engineering demonstrates that the identified gap area is now at exhaustion. Achieving capacity exhaustion severely compromises the Verizon Wireless network, leading to failed call attempts, dropped calls, poor call quality and slow data speeds (the "Capacity Gap"). Cupertino Cell Site Beta Sector Capacity Chart Data Volume in Mega Bytes 8000 - Capacity Usage slope Exhaust limit 6444 — w 2000 0-1 1 1 1 1 1 1 to/10013 M0014 4t1/2014 M QG14 10110014 1t102014 411/2415 Cupertino Cell Site Gamma Sector Capacity Chart 16000- 6000 j 4000 u. 2000 At exhaustion with --- _�'-, uptrend { 0'1 1 i 1 i i 1 1On42413 1r1P,014 4111.414 1710014 tOslf.VI4 1111:015 411fo1+5 Apple Cell Site Alpha Sector Capacity 10000 _ Presently at $000— exhaust limit €oao 4000 -- ---- a000_ }j 0-1 1 1 1 1 1 1 10/1MI) 4r1r2O1. W/2014 411r2015 Mr.1014 7MM14 ttfl.'O15 Denza Alpha Capacity Chart R 8000—At exhaust with �-� ��•�� uptrend 0-1 1 1 1 1 1 1 10f1/2013 111f2014 ♦111:014 T11f.V1♦ 10v1r1014 111MIS VIrA1S Approved Vallco Mall Site Withdrawn Unfortunately, the Vallco Mall has recently been sold and will no longer be available for a Verizon Wireless facility. The City of Cupertino approved Verizon Wireless's plans for a building -mounted wireless facility on the Vallco Mall. The Vallco Mall facility is neither constructed nor operational. If completed, the Vallco Mall site would have provided needed capacity relief in northern Cupertino. In any case, due to its location north of the Significant Gap, the Vallco Mall site would not have served the Significant Gap. Both the proposed Vallco Mall facility and the Cupertino High School facility are designed to fill distinct coverage and capacity gaps and are both necessary for the Verizon Wireless network in Cupertino. A coverage map showing the anticipated coverage of both the proposed Vallco Mall and Cupertino High School sites is shown below. Unfortunately, the Vallco Mall site is no longer available and Verizon Wireless must seek an alternative location to bring needed service to this area of Cupertino. Loss of the Vallco mall accelerates the need for improved service to the Significant Gap. Conclusion As cellular networks mature, distant sites must be supplemented with more sites closer to customers, in large measure due to the increase in usage of the network. In addition, certain fourth- and fifth- generation technologies require facilities closer to customers and cannot be provided by the current distant sites. These coverage and capacity demands have resulted in the Significant Gap in Verizon Wireless service in eastern Cupertino. Verizon Wireless most deploy new infrastructure to provide the in -building service coverage required by customers and to avoid further:degradation of its network in the area of the identified Significant Gap. ' Respectfully submitted, trian Ung RF Design Engineer Network Engineering Department Verizon Wireless Exhibit E Alternatives Analysis Verizon Wireless Cupertino High School 10100 Finch Avenue Cupertino November 25, 2014 Summary of Site Evaluations Conducted by NSA Wireless, Inc. Compiled by Mackenzie & Albritton LLP G TABLE OF CONTENTS I. Executive Summary................................................................................................... 3 II. Significant Gap.....................................................................:................................... 3 III. Methodology............................................................................................................ 3 IV. Analysis.................................................................................................................... 4 1. Cupertino High School Stadium Light Standard (Proposed Facility) ........ 5 2. Sprint Facility at Cupertino High School Stadium ..................................... 6 3. Plaza Portal Center..................................................................................... 7 4. Bethel Lutheran Church.............................................................................. 8 5. Cupertino Financial Center......................................................................... 9 6. Office Building, Santa Clara..................................................................... 10 Conclusion....................................................................................................................... 11 Map of Alternatives 2 I. Executive Summary Verizon Wireless has identified a significant gap in coverage and network capacity in eastern Cupertino. Based on a review of available site alternatives as set forth in the following analysis, Verizon Wireless believes the placement of antennas on an existing light standard at the Cupertino High School stadium (the "Proposed Facility") constitutes the least intrusive alternative for providing Verizon Wireless service to the 'identified coverage.and capacity gap based on the values expressed the Cupertino Wireless Facilities Master Plan (the "Master Plan") and the Cupertino Municipal Code (the "Code"). II. Significant Gap The significant gap in Verizon Wireless network coverage and capacity in eastern Cupertino occurs in an area roughly bounded by Stevens Creek Boulevard to the north, Johnson Avenue to the east, Rainbow Drive to the south and Blaney Avenue to the west. The gap area includes major roadways such as Miller Avenue and Bollinger Road, and encompasses two square miles and a population of 25,000. Additionally, the accelerating increase in use of voice and data wireless services in the area has led to capacity exhaustion of the existing Verizon Wireless network. The identified "significant gap" is more fully described in the Statement of Verizon Wireless Radio Frequency Design Engineer Brian Ung _dated November 20, 2014 (the "Significant Gap"). III. Methodology Once a significant gap has been determined, Verizon Wireless seeks to identify a proposal that will provide coverage through -the "least intrusive means" based upon the values expressed by local regulation. In addition to seeking the "least intrusive" alternative, sites proposed by Verizon Wireless must be feasible. In this regard, Verizon Wireless reviews the radio frequency propagation, elevation, height, available electrical and telephone utilities, access, and other critical factors such as a willing landlord in completing its site analysis,. Wherever feasible, Verizon Wireless seeks to identify opportunities that allow placement of wireless facilities on existing structures with minimal impacts. Under the Master Plan, the most preferred location for wireless facilities is "existing structures in non-residential areas," including "stadium light poles" on "Public School District properties." The next preference is for new structures in non-residential areas, followed by existing and new structures in residential areas. (Master Plan, pp. 14- 15) Under the Code, wireless facilities are generally prohibited in residential zones and on parcels with residential uses. (Code § 19.136.030(B)) The Code allows for facilities that exceed zoning district height limits through a height exception. (Code § 19.136.090) While other wireless facilities are permitted in Cupertino, including freestanding facilities and new structures, any such facilities would be more intrusive and less preferred than mounting the existing structures reviewed under this alternatives analysis. 3 IV. Analysis Verizon Wireless first investigated opportunities. to locate its facility on existing structures outside residential areas in the eastern Cupertino area and readily identified the available Cupertino High School stadium light standard as well as another light standard at the school already supporting a wireless facility. Next, Verizon Wireless searched for buildings in the area that could host a wireless facility, and identified three such locations. Considering the City of Cupertino's general prohibition of wireless facilities in residential zones, Verizon Wireless did not seek out such locations. At the request of the Planning Department, Verizon Wireless also investigated a location in Santa Clara which was determined to be too distant from the Significant Gap and too close to an existing Verizon Wireless facility, resulting in interference issues. The results of this analysis are as follows: M Existing Structures in Non -Residential Areas Acknowledging the Master Plan's top preference for locating wireless facilities on existing structures in non-residential areas, Verizon Wireless investigated such structures with adequate height to support a wireless facility and identified the following five locations. 1. Cupertino High School Stadium Light Standard (Proposed Facility) Address: 10100 Finch Avenue Elevation: 200 feet Zoning: BA (Public Building) This existing 92 foot tall light standard was designed to support placement of wireless antennas and has been approved by the Division of the State Architect, which certifies the safety of school structures. Verizon Wireless has proposed a stacked antenna design with three antennas mounted at 65 feet and three at 71 feet six inches, allowing the antennas to be mounted a minimal distance from the surface of the pole, minimizing their visibility. Radio equipment will be located in a portion of an existing modular building behind the stadium bleachers, and a new generator will provide backup power in case of emergencies. This equipment placement will not interfere with student access to stadium facilities. Though the City has no setback requirements for wireless facilities located on utility poles, the Proposed Facility is located over 350 feet from the nearest residence to the east and over 450 feet from the nearest residence to the west. Given the superior radio propagation achieved at the height available on this pole, this Cupertino High School stadium light standard is Verizon Wireless's preferred location for the Proposed Facility. 2. Sprint Facility at Cupertino High School Stadium Address: 10100 Finch Avenue Elevation: 200 feet Zoning: BA (Public Building) This facility operated by Sprint Nextel was approved in 2000 and is located on the Cupertino High School stadium light standard approximately 260 feet south of Verizon Wireless's Proposed Facility and approximately 270 feet from the nearest residence to the south. The Sprint antennas leave insufficient room for additional antennas to be mounted at a height acceptable to meet Verizon Wireless's radio propagation requirements. Lacking adequate space on the pole for sufficient antenna height, this location is not a feasible alternative for Verizon Wireless's facility. 0 3. Plaza Portal Center Address: 19665 Stevens Creek Boulevard Elevation: 195 feet Zoning: Heart of the City Specific Plan Area This one-story commercial structure is located 0.6 miles northwest of the Proposed Facility on the northern fringe of the Significant Gap identified by Verizon Wireless. The building is of insufficient height for placement of antennas that could achieve radio propagation sufficient to cover the Significant Gap. Lacking sufficient height, this location is not a feasible alternative for Verizon Wireless's facility. 7 4. Bethel Lutheran Church Address: 10181 Finch Avenue Elevation: 195 feet Zoning: BQ (Quasi -Public Building) This religious facility is located one-quarter mile northwest of the Proposed Facility. Intense use of the building's use as a religious facility and school requires placement of radio equipment in an exterior shelter in the parking lot, where reduction of parking spaces is disfavored. Additionally, this parcel is located adjacent to residentially - zoned parcels to the north, south and west. While the church structure includes an existing steeple, height and structural limitations of the steeple will likely require replacement with a larger and taller antenna facility, potentially compromising the likelihood that this would be considered an existing structure under the Master Plan. Considering disfavored exterior equipment placement, close proximity to residences and the need to structurally replace the existing steeple with a taller tower, this is a less favorable alternative for Verizon Wireless's facility. 5. Cupertino Financial Center Address: 10080 North Wolfe Elevation: 195 feet Zoning: Heart of the City Specific Plan Area This building is located at the northern fringe of the Significant Gap and is located approximately one-half mile north of the Proposed Facility. The building supports a Sprint wireless facility on the roof. Following preliminary negotiations, however, the landlord withdrew from lease negotiations for an additional wireless facility on this building. Lacking a willing landlord, this is not a feasible alternative for Verizon Wireless's facility. 9 Locations Outside Cupertino At the request of the City of Cupertino Planning Department, Verizon Wireless investigated a specific location in Santa Clara. 6. Office Building, Santa Clara Address: 5405 Stevens Creek Boulevard, Santa Clara Elevation: 195 feet Zoning: N/A (Santa Clara) Though this new office building has favorable height for radio propagation, it is located northeast of the Significant Gap to be filled by the Proposed Facility. Additionally, this site is located only 0.3 miles northwest of the existing Verizon Wireless facility at 5300 Stevens Creek Boulevard in San Jose and would cause signal interference due to its close proximity to the existing facility. Due to its distance from the Significant Gap and interference issues, this is not a feasible alternative for Verizon Wireless's facility. 10 Conclusion Verizon Wireless investigated six locations for placement of its wireless facility to serve the Significant Gap in its wireless service in eastern Cupertino. Considering the excellent radio frequency propagation from the height afforded by the available stadium light standard, along with the willing landlord, the Cupertino High School stadium light is Verizon Wireless's preferred location for its wireless facility. Based upon the preferences identified in the Cupertino Master Plan and Code, the Proposed Facility, placing a wireless facility on an existing light standard on a non -residentially' -Zoned parcel in a location that provides coverage to the Significant Gap identified by Verizon Wireless, clearly constitutes the least intrusive alternative location for Verizon Wireless's facility under the values expressed by the City of Cupertino. 11 ' s' ,ti � '1•�1 �t J4 Bethel ��� lutherat • 4i=. �, t k , .q r - 2 v valmont V STRUCTURES Diamond Engineering Services ATTN: BrUce !_yon 4225 So la no Ave Napa, GA 94558 R 1926) 362-2264 Exhibit F Octaber 24, 2014 subjects StrtgcturaI Analysis for Existing 901 Monopole with 12''Rado me mounted from 62'- 9" to 74'-S" AGI. Analysis Order No. 269817-1-1 Site Name: Cupertino HS, CA Original Valm*nt Order No. 144005 Dear Mr. Lyon; We have completed the structural analysis you requested for ttla above referenced mono pola. The maults of our anaalysis indicate that the polar base plats and anchor bolts arra structurally adequate to accommodate the proposed equfprineht loading. The design criteiis and loading condition used fnr this analysis was as Follows: 71A -222-G Addendum 2 Including; 90 mph Whid (3 Second Gust, 100 year return period) No Ice Exposure Category: O Structure Classification: 111 Topography Category_ 1 60 mph Basic Wind Speed with no Ice for Twist and Sway Spectral Respanse Acceleration at Short Periods and 1 Sac: Ss = 1,92 & Si = 0.69 18 - Luminaire Q 90.0 3 - Luminaire cnossarm a@ 90.0 1 - 5'd [a x 12' Radaorne @ 66.5 UPDATED, 1 - emerge nray Ilg[it @ 30f.0 2 - security light @ 24.0 . 4 - Erectrical Box Q 15,01 1 - 2' HIGH PERFORMANCE (w1PM) (6 Gi4z) @7a 56.5 B -Ericsson R12US11-Dual PA RRU (17.8x17"x7.2") @-62.0 NEW The structural analysis was based upon monopole information abta1ned-from Valmont Drawinq numbers DD4687Z (08119111). E3DIU914 (0211,41':1) andCG14384 (02f1DI11); and zoning drawingsA4,A5,A6, and ADI provided by Diamofld Engineering Services. Valmont Mi rm{kx1, ures. Valmoat Ir,(luso'c%,1 nc. 3575 254 Strcct 5al.m; OR 975OZ-1123 USA '1611I'me:800.5 ;-2151 rae:503-3i5-ZNff wwwmalmunUalm Yta 1 u173 valmontV STRUCTURES The following Is a comparison of the ground Tina reaction between the original design and the results of this analysis: Base Moment (f# -kips) 1008 ! 851 -16% Base Shear (kips) 11.6 10.0 -14% BaseAxlal (kips 14.5 15.2 45% The results from this analysis indicate that the base rnoment and shear ground line reactions have decreased and Lha base axial ground Cine reaction has increased due to the revised loading, Stress ratios for the structure rernain within acceptable limits, Stress ratios less than 1.00 are considered acceptable, Due to the degreased moment and shear ground line reactions, d the foundation was installed per Valmont Foundation Drawing, numbers 70001 R and 7000_2R, then the Foundation would be adequate to handle the revised loading; ,Because. bearing pressure does not control pier foundation design, the increased base axial reaction is acceptable, If there are any questions concerning the structural analysis, please don't hesitate in contacting me directly at (503) 5$9-6628_ Sincerely, Nathan Ross Associate Engineer Enc, Analysis Calculations �1 copy) ValmomMicroilcv, IT('S, Valmont Injnserivs ho. 3575 V 5ireet Salem, OR-4?71321-1123 11NA r Toll F=; I3FIG-547-2151 Pax: 503-316-2W %ww.valmam•,wm Net 2 of 7. vaimontT STRUCTURES Disclaimer: This enOneerinn study is based on the theoretical capacity of_t_he structure. it is not_a.conditioh assessment of the tower. - This report is being provided by Valmont without fie benefit of an inspection by our personnel and is based on information supplied by the customer to us. Valmont has made no independent determination, nor is required to, of the accuracy of the informetion provided. Thorefore, unless specifically informed to the contrary by the customer in writing, we assume the foil owing: 1. The subsoil characteristics exist as stated on the tower drawing or stated elsewhere ire this report; 2, The tower is erected and maintained _in accordance with the manufacturer's plans and specifications and is Qlumb; 3. There is no damage,natural or manmade, to the structure, either gradual or sudden; 4. All connectiorfs are properly installed; 5. The information concerning the components, existing and proposed, is accurate; and 6. There are no modifications to the tower itself, except as may be disclosed elsewhere in this report. 'this report is valid for only the design criteria listed (Ex. Code, wind, antenna and Iinu loading lists, etc.). If any of this information is not carreat this study should not be used. It is recommended 'AS-Duiif foundation systems Ge verifed to match assumptions in this report to insure VaKity, Valimir N-lici oflco, I.TCS, Mal,nart Industries, [«c. 34 5 '25'x' Street Salem_ OR 9' M3 A 12,3 !JSA 'MI Frnp; 811[i-547-2151 Fm: 903.31£-2047 www.vplmcmteam (~as�c 3 t1f3 Exhibit G-1 NSA Wireless, Inc. Site Acquisition • Planning • Political Advocacy • Construction Management August 4, 2014 Please join us for a neighborhood meeting to discuss and ask questions regarding Verizon Wireless's proposed installation of a new unmanned telecommunications facility to be located on an existing Sports Field Light Pole located at Cupertino High School — 10100 Finch Avenue in Cupertino. Project Description: Installation of 6 new wireless antennas on the existing Sports Field Light, associated base equipment and an emergency generator. Site photos and plans will be available at the meeting, as well as on file with the Planning Department at the City of Cupertino Planning Department located at City Hall — Application No: DIR-2014-27 & EXC-2014-06 — Colin Jung, planner (408) 777-1356 Meeting Date, Time and Location When: Friday, August 22 at 6:30 p.m. — 7:30 p.m. Where: Cupertino City Hall/Room 100 —10300 Torre Avenue - Cupertino Pamela Nobel Independent Contractor NSA Wireless, Inc. Representing Verizon Wireless 2010 Crow Canyon Place - Suite 355 San Ramon, CA 94583 (707) 486-7252 2010 Crow Canyon Place Suite 355, San Ramon CA 94583 (925) 244-1890 Fax (925) 355-0672 Exhibit G-2 Photographs of Public Notice Signage UeRllwireless Verizon Wireless 15505 Sand Canyon Ave, Bldg. E Irvine, CA 92618 December 5, 2014 City Council City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Re: Verizon Wireless Application Telecommunications Facility, Cupertino High School Dear Council Members: I am the Verizon Wireless Marketing Director over the team that maintains and manages all data and informational messages that are sent to Verizon Wireless customers in California. In connection with the application referred to above, Verizon Wireless arranged for a text message to be sent to customers with billing addresses within Cupertino area ZIP codes 95014, 95129, 95070 and 95130. The entire text message sent reads as follows: Free message from Verizon: Reply YES to this text to show your support for improved Verizon Wireless service in Cupertino. Add a message to tell the City Council you support a Verizon Wireless facility on an existing stadium light at Cupertino High School or to request more info. The text message above was sent on November 20, 2014. As of November 26, 2014, we have received 1,210 affirmative text responses indicating support for the Verizon Wireless facility proposed at the Cupertino High School stadium and 43 respondents opposed. Text messages received confirmed the need to provide improved Verizon Wireless network capacity in Cupertino. Samples of the text messages of support received from Verizon Wireless customers appear on the attached pages. I am available to verify the above information as you may require. Sincerely, oss Beett Marketing Director Loyalty Marketing & Operations Attachment Sample Text Messages of Support for Verizon Wireless Cupertino High School Facility Yes me need better coverage in Cupertino Absolutely YES!! This is the heart of Silicon Valley—why does the Cupertino City Council even think this is a question? Allow wireless at tiny hi. Good to go for the wireless facility on existing structure. HELL YES WE NEED THIS SO BAD Hey. If it helps and causes no harm why not. Should improve service for the whole neighborhood as well. aprove of the planned new wireless facility on the stadium light I' doM Go verizon and cupertino! I support a Verizon Wireless facility on an existing stadium light at Cupertino High School I support a wireless tower on a facility in Cupertino support improved Verizon service in Cupertino t I support the new proposed wireless tower in Cupertino for Verizon as cell service in Cupertino is awful! I support the Verizon facility at Cupertino high. I support verizon wireless in cupertino I support vzw and we need more reception I vote YES ... and believe its a .good deal. Makes sense to me- yes! YES - we simply need better cell phone coverage. As a Verizon customer, I fully support this . Yes and also support the facility on the light Yes for verizon service in Cupertino Yes I support a Verizon Wireless facility on an existing stadium light at Cupertino High School. 1 of 4 YES I support a VZW facility on a Cupertino high school light Yes I support more service! Mine sucks, it's so slow!!!! Yes it's a good idea Yes Need better signal. Mine is'terrible. Yes please on both. Service needs to be improved. Yes to a new wireless facility at Cupertino high school. Yes to improved service & light. Wud like info on service Yes to improved wireless signal. Yes to Verizon for improved wireless service. I support a Verizon wireless facility on an existing stadium light at Cupertino high school Yes we need more Verizon service in Cupertino. Yes- to wireless facilities in Cupertino Yes, I need better service! Dropped call and bad cell service in Cupertino Yes, I support a Verizon Wireless facility on an existing stadium light at Cupertino H.S. Yes, and I support the facility at Cupertino High. Yes, I don't get service in my office. Ridiculous YES, i support a Verizon Wireless facility at Cupertino HS. Yes, please improve the Verizon service in Cupertino! Reduced infrastructure diminishes the city's value to everyone! YES, please send more info Yes; put up the facility! Yes! I get cut off all the time in my own home. I couldn't count on my cell alone. Yes! A unit at CHS would improve my local service. Yes! Add a facility to the stadium post. YES! I definitely support Verizon's efforts to improve their already fantastic service by adding onto an existing stadium light at Cupertino High School. Yes! Please add a Verizon facility at Cupertino High School. 2of4 Yes! Please allow increased coverage in Cupertino for Verizon customers. Yes! Please allow Verizon to use that location for improving their service quality, much needed since Cupertino is not well covered by any wireless service Yes!! There is no negative impact from a facility on an existing light pole. Yes!! Support for Verizon Wireless facility on an existing stadium light at Cupertino High Yes!!! This new facility is badly needed. YES. Please improve coverage in cupertino any way possible. yes. A wireless sub -system on a light pole at Cupertino high should be beneficial to the users Yes. Cannot believe we live in the middle of Silicon Valley and have poor cell service in many areas YES. Coverage is Cupertino is not very strong. Strange that I have limited use of my iPhone's data plan in the home city of Apple. Yes. CUPERTINO Highschool is a good spot for cell tower. Reception is not very good in that area. Yes. I do support Cupertino high school lights at stadium YES. I greatly support any kind of improved wireless in our neighborhood, especially around the schools where the wireless seems to drop a lot. Thank you Yes. I support a Verizon Wireless facility on an existing stadium light at Cupertino High School. Yes. I support this YES. My Verizon service at home is only fair due to poor signal strength. We need a closer tower! Yes. Please allow Verizon . Wireless facility on existing stadium light. We need strong signal for quality calls. Thanks. YES. Please approve wireless infrastructure improvements. Yes. Put A cell tower at Cupertino high school Yes. Service at home is only bad service I have!! Yes. Service in that area stinks. 3 of 4 Yes. Service is horrible in Cupertino. Yes. The reception is horrible in Cupertino area Yes. The residents deserve better coverage Yes. We are in silicon valley and we should have the best in connectivity. YES. We need a verizon tower in cupertino to enhance our cell service, and so students who have verizon can make emergency phone calls safely. Yes. We support wireless facility at Cupertino H S. thank you . YES. You may not like the way cell towers look but everyone wants fast and reliable service. Yes.... I would love better service in Cupertinoll Yes ... please add more wireless power in this area. r� 4 of 4