September 14, 2004

 

 

SUBJECT:	2004-0471 – Velocitel (AT&T Wireless) [Appellant/ Applicant] Birchwood Properties, Llc [Owner]: Appeal on a decision by the Planning Commission approving a Use Permit with a condition to install a camouflage design monopole.   The property is located at 1259 Birchwood Drive in an M-S (Industrial & Service) Zoning District.  (APN: 104-29-003).
Motion	Use Permit to allow the co-location of six panel antennas on an existing 90-foot monopole and associated ground equipment.

 

Project Site Map, click here (.jpg)

 

 

Existing Site Conditions	Industrial Building
Surrounding Land Uses
North	Industrial
South	Industrial
East	Industrial
West	Industrial
Issues	Aesthetics
Environmental Status	A Negative Declaration has been prepared in compliance with California Environmental Quality Act provisions and City Guidelines.
Planning Commission Action	Approved with modified conditions for a camouflage design monopole
Staff Recommendation	Grant the appeal and approve the monopole without camouflage design

 

 

Background

 

Previous Actions on the Site: The following table summarizes previous planning applications related to the subject site.

 

File Number	Brief Description	Hearing/Decision	Date
2001-0321	Proposal for 6 antennas and associated ground equipment	Planning Commission/ Approved	7/9/01
2001-0259	Proposal for 3 antennas and associated ground equipment	Planning Commission/ Approved	7/9/01
1998-0944	Addition of a small GPS antenna (existing carrier)	Miscellaneous Plan Permit / Approved	7/30/98
1998-0162	Addition of a small ancillary antenna (existing carrier)	Miscellaneous Plan Permit / Approved	3/10/98
1994-0038	Monopole and antennas (9 panel array)	Planning Commission/ Approved	9/26/94

 

The original application for the construction of the monopole was approved in 1994 which included an array of nine antennas.  These antennas are currently located at the top of the tower.  Two applications were approved in July of 2001 that permitted 6 total antennas (3 for each proposal).  The Planning Commission required these antennas to be flush mounted to the monopole.  

 

On July 26, 2004, the Planning Commission considered this application and approved the co-location, by a vote of 6 - 0 , with modified conditions including the additional Condition of Approval #16, to redesign the existing monopole with a camouflage tree design.  Condition of Approval #4 was modified to allow the antennas to be non-flush mounted. The applicant has appealed the decision (Attachment #9) stating an undue economic burden is caused by the conditions of the Use Permit.  Additional comment on this letter can be found on Page 7 of this report.  The minutes from the Planning Commission meeting can be found in Attachment #8.

 

Description of Proposed Project

 

The proposed project is for the co-location of six panel antennas attached to an existing 90 foot telecommunications monopole at 1259 Birchwood Drive.  The monopole was originally constructed in 1994.  The antennas would be positioned under the current antennas at approximately 58 feet. 

 

Environmental Review

 

A Negative Declaration has been prepared in compliance with the California Environmental Quality Act provisions and City Guidelines. An initial study has determined that the proposed project would not create any significant environmental impacts (see Attachment 3, Initial Study).

 

 

Use:   The proposed fourth co-location of six antennas would result in a total of 21 antennas.   Originally the applicant proposed an array of six antennas that would project from the pole in three groups of two.  Staff recommended that applicant redesign the proposal to allow the antennas to be flush mounted directly to the monopole (Condition of Approval #4).  The applicant has indicated that this would result in two sections, or rows, of the monopole being utilized.  Three antennas would be positioned above three additional antennas. This staff recommended alternative is illustrated by a photosimulation on page 1 and 2 of Attachment 5.  Photosimulations of the original proposal are noted on page 3 and 4 of this attachment.  The applicant has also noted that the alternative preferred by staff would decrease the capability of the antennas and would limit future co-location opportunities for the site.  However, staff believes that this is the most preferable aesthetic solution for the project.

 

Additionally, the antennas would be connected with cables to new equipment cabinets, which are located on the ground.  The equipment would lie within an existing telecommunication compound.  All equipment associated with this proposal will be painted to match the monopole (Condition of Approval #3). A six-foot chain link fence encloses this area.  Equipment is screened from view by redwood slats attached to the fence.

 

Site Layout: The site consists of an industrial building located at the center of the lot in between two parking areas.  The project area is located directly behind the building towards the northwest corner of the site.  The monopole lies within an enclosed area containing the existing cabinets that support the antennas.  The proposal would increase this area by 266 square feet (19’ x 14’) to accommodate the needed equipment for the new six panel antennas.  The new enclosed area would total approximately 766 square feet.

 

Landscaping:  The site was developed in 1964 with landscaped areas already defined at the front of the site.  Due to the poor state of the landscaping prior to the previous application in 2001, a condition of approval had required this landscaping to be maintained and improved. This enhancement has occurred since the previous application on this site.  There is no increased landscaping proposed for this proposal. 

 

Parking/Circulation: Due to the additional area needed for the increased enclosure area the available parking of the site will be reduced by two spaces.  The site will maintain the minimum 22 spaces that are needed for the industrial use.   Parking is provided at the front (6 spaces) and rear (16 spaces) of the site.  A driveway along the left (south) side of the building allows access to the rear of the site where the equipment and monopole are located.

 

Compliance with Development Standards

 

The following sections of the Wireless Telecommunication Ordinances of the Sunnyvale Municipal Code apply to the proposed project:

 

19.54.140(a) – Wherever technically feasible, wireless telecommunication service providers are encouraged to co-locate telecommunication facilities in order to reduce adverse visual impacts; however; the city discourages the development of “antenna farms” or the clustering of multiple antennas on a single monopole, tower or other elevation, unless the site is determined to be suitable based on the following factors:

 

(1)   Compliance with all FCC RF emission standards;

 

·         This project meets all FCC RF emissions standards.

 

(2)   Visibility from residentially zoned property;

 

·         This project is not visible from residentially zoned properties.

 

(3)   Visibility from El Camino Real or the right of way of a freeway, expressway or other major arterial street;

 

·         This project is not noticeable visible from any freeway or Lawrence Expressway.

 

(4)   Visibility from the Downtown Specific Plan area or other areas declared by the Director of Community Development to be visually sensitive; and

 

·         This project is not visible from the Downtown Specific Plan area or other areas identified in the Telecommunications code as being sensitive.

 

(5)   Lack of aesthetically preferable feasible alternatives.

 

·         The project makes use of an existing monopole. Using the exiting monopole is the most aesthetically preferable option for this site. Staff believes the construction of a new monopole at this site or in the immediate vicinity is less desirable.

 

Expected Impact on the Surroundings

 

As required by FCC regulations, the proposal shall comply with all RF emission standards.  The applicant has submitted a study that indicates that the facility is within the maximum exposure levels permitted by the FCC.  The proposed additional antennas will have a minimal visual impact to the existing monopole.  The equipment enclosure is located at the rear of the site and is not visible from the public street.  The surrounding area consists of industrial buildings and is not noticeably visible from the closest residentially zoned properties (mobile home park). As noted previously, Condition of Approval #3 requires that the antennas be painted to match the existing monopole.  Staff believes that the alternative proposal with an array of antennas projecting from the monopole would be less aesthetically preferable. 

 

 

Staff was able to make the required Findings based on the justifications for the Use Permit.

·         Findings and General Plan Goals are located in Attachment 1.

·         Conditions of Approval are located in Attachment 2.

 

 

No fiscal impacts other than normal fees and taxes are expected.

 

 

Notice of Negative Declaration and Public Hearing	Staff Report	Agenda
·         Published in the Sun newspaper ·         Posted on the site ·         32 notices mailed to the property owners and tenants within 300 ft. of the project site	·         Posted on the City of Sunnyvale's Website ·         Provided at the Reference Section of the City of Sunnyvale's Public Library	·         Posted on the City's official notice bulletin board ·         City of Sunnyvale's Website ·         Recorded for SunDial

 

Comment on Appeal

 

The appellant has stated that Condition of Approval #16 requiring a camouflage design of the monopole and antennas would place an “undue economic burden on the applicant.”  Furthermore, the applicant states in the appeal letter that the requirement would “create a major disruption to the on-going network operations of five wireless carriers occupying the site.” See “Letter of Appeal from the Appellant,” in Attachment #8.  With the fourth co-location at the site, the Planning Commission considered this would be the most appropriate time to require a more aesthetically compatible design.  Therefore, a camouflage design was required.

 

A similar appeal of a condition that required a camouflage design for a co-location of a monopole was granted by City Council in December of 2003 at another city in the City.  Each site is located within an industrial area and not noticeably visible from a residential neighborhood.  Staff finds that a camouflage design is not warranted at this location and could prove to be a less aesthetic solution.  The additional condition to camouflage the monopole was added subsequent to the Planning Commission public hearing and without testimony from the applicant.  A possible study issue related to co-location applications is scheduled for next year and will examine the appropriate time and locations within the City to necessitate a redesign of the monopole for a more preferable aesthetic solution. 

 

If the City Council should grant the appeal to not require a new camouflage design, staff recommends reinstating Condition of Approval #4, which requires the antennas to be flush-mounted to the monopole.

 

1.            Grant appeal and approve the Use Permit with attached conditions (without condition to camouflage the monopole).

2.            Deny the appeal and approve the Use Permit with modified conditions in accordance with Planning Commission action.

 

 

Recommend Alternative 1.

  

 

Prepared by

 

Ryan Kuchenig

Project Planner

 

Reviewed by:

Trudi Ryan
Planning Officer

 

Reviewed by:

 

Robert Paternoster
Director, Community Development

 

Approved by:

 

Amy Chan

City Manager

 

 

Attachments:

 

1.      Recommended Findings

2.      Recommended Conditions of Approval

3.      Negative Declaration

4.      Site and Architectural Plans

5.      Applicant’s Project Description and Justifications

6.      Photo of Subject Site

7.      Photosimulations

8.      Approved Planning Commission Minutes of 07/26/04

9.      Appeal letter from the Appellant

           

 

1.                 The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale. The Wireless Telecommunications Policy promotes retention of local zoning authority when reviewing telecommunication facilities. The zoning code requires that the location of telecommunication facilities be designed with sensitivity to the surrounding areas. The proposed facility is compliant with all wireless telecommunication development standards:

·        The project meets all FCC RF emissions standards:

·        The project is not visible from residentially zoned properties.

·        The project is not visible from any major arterial streets, freeways or expressways.

·        The project is not visible from the Downtown Specific Plan area or other areas identified in the Telecommunications code as being sensitive.

·         The project makes use of an existing monopole in an industrial area. Additionally, the proposed ground equipment will be screened within an enlarged fenced enclosure.

 

2.                 The proposed use is desirable, and will not be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the Zoning District. The proposed antennas meet the visual standards established by the city for telecommunication facilities as the proposed antennas make use of an existing monopole.  The equipment will be painted to match the existing monopole.  As recommended by staff, the antennas would be flush-mounted to the existing monopole. Staff finds that the antennas will not cause an additional negative aesthetic impact to the surrounding industrial area.

 

Back to Attachments

 

Recommended Conditions of Approval - Use Permit