SUBJECT: 1998-1355 – Sunnyvale Village Associates (GTE Wireless): Application for a Special Development Permit for property located at 333 W. El Camino Real in an R-4/0/PD (High Density Residential/Administrative-Professional Office/Planned Development) Zoning District (APN: 209-29-068) GC

Motion 1998-1355 – Special Development Permit to allow three four-foot cellular antennas on a seven- foot roof mounted pole.

REPORT IN BRIEF

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

The applicant proposes to locate 3 additional 4-foot panel antennas on the roof of the existing three-story building. The antennas would be mounted on a 14-foot high pole which would extend above the roof parapet by 7 feet. The proposed antennas would be in addition to the existing GTE Wireless facility which consists of two similar existing pole-mounted antenna arrays, also 7 feet above the building parapet. The antennas would be located approximately 45 feet from the edge of the building facing El Camino Real and 55 feet from the western edge of the building.

A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions, as amended, in Resolution #193-86. Class 1 Exemptions include minor additions to existing facilities. The proposal meets Federally adopted radio emission standards.

The primary issue with this proposal is the cumulative impact of the proposed facility in combination with other existing antenna facilities on this site. If viewed singularly, the proposed antennas are a minor modification to the existing facility. However, staff believes that the combined impact of the proposed facility with the two existing GTE antennas, the existing Sprint antennas on the eastern side of the building, and several large satellite dish antennas, results in a negative visual impact on the community. As demonstrated by the existing GTE antenna facilities and in the attached photo-simulations, the proposed antenna pole would be quite visible from almost all directions from a distance of one block and farther. In most directions the existing satellite dish antennas and cylindrical Sprint antenna facility are also visible.

The existing GTE antennas were approved in 1990. Since that time the City’s Wireless Telecommunications Ordinance was adopted in February 1997. As part of the ordinance a number of design requirements were adopted. Section 19.70.050 contains the following requirements related to this proposal:

19.70.050(b) - All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objectives.

19.70.050(k) - Roof mounted antennas shall be constructed at the minimum height possible to serve the operator’s service area. Roof mounted antennas shall be designed to minimize their visibility.

19.70.050(n) - The city shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent site in order to prevent negative visual impact associated multiple facilities. Architectural and other camouflaging treatment shall be coordinated between all users on each site.

19.70.050(q) – At the time of modification or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and reduced size so as to reduce visual impact.

The Telecommunication Ordinance also contains the following requirements regarding co-located facilities:

19.70.150(a) – Wherever technically feasible, wireless telecommunication service providers are encourage 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;
2. Visibility from residentially zoned property;
3. Visibility from El Camino Real or the right-of-way of a freeway, expressway or other major arterial street;
4. Visibility from the Downtown Specific Plan area or other areas declared by the Director of Community Development to be visually sensitive; and
5. Lack of aesthetically preferable feasible alternatives.

Screening has not proved to be effective on this building. The applicant has stated that the pole antenna in required. Other more aesthetic options (like façade mounted antennas to match the building) are not feasible at this time. Other GTE facilities in the region have been designed to function with the existing GTE antennas on this site. The specific height and location of these antennas is a factor in the operation of an entire system, not just this location. According to the applicant, the proposed antennas can not be at a different height or location than the existing two antennas without causing a ripple effect of changes to antenna facilities in other locations.

In staff’s opinion, the proposed project clearly does not meet the aesthetic standards of the City’s Telecommunications Ordinance. There may soon be other opportunities for placement of antennas in the vicinity such as at the proposed tower feature at the mall or on the three-story hotel under construction on El Camino Real.

The following goals and policies were considered to determine conformance with the General Plan.

From a safety standpoint, the project meets Federal radio frequency emissions standards. As discussed above, staff believes this project would have a negative visual effect on the surrounding area.

In order to approve a Special Development Permit, either of the following findings must be made:

1. Attain the objectives and purposes of the General Plan of the City of Sunnyvale, or

2. Ensure that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties.

• Staff was unable to make the required Findings based on the justifications for the Special Development Permit. The Findings are located in Attachment 1.

As part of the review process, staff may recommend Conditions of Approval be placed on an application. These conditions clarify or modify the applicant's proposal in order to meet requirements imposed by the Municipal Code, policies and standards set forth by the General Plan, Special Plans and the City Council and other specifications that staff believes will enhance the visual character and/or add greater diversity to the City. The recommended Conditions of Approval are located in Attachment 2.

• Staff is recommending denial for this project because the Findings (Attachment 1) were not made. However, if the Planning Commission is able to make the required findings, staff is recommending the Conditions of Approval (Attachment 2).

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

Notice of the public hearing for this project was published in the Sun newspaper, posted on the site and mailed to the adjacent property owners of the project site.

1. Deny the application as recommended by staff.
2. Approve the application as proposed.
3. Approve the application with conditions.

Alternative #1.

Prepared By:

Gerri Caruso
Project Planner

Reviewed By:

Gail Price
Principal Planner

Attachments:

Findings - Special Development Permit

1. The proposed use does not attain the objectives and purposes of the General Plan of the City of Sunnyvale. The 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 would be visibly obtrusive from El Camino Real and Mathilda Avenue.

2. The proposed use does not ensure that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties. The proposed antennas do not meet the visual standards established by the City for telecommunication facilities. The proposed antenna would be clearly visible from El Camino Real and from Mathilda Avenue. The addition of the proposed antenna would add to an "antenna farm" appearance on the subject site.

Conditions of Approval: In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Permittee expressly accepts and agrees to comply with the following conditions of approval of this Permit:

1. The conditions of approval shall be reproduced on one page of the plans submitted for a Building permit for this project.
   
2. Any major modification or expansion of the approved use shall be approved at a separate public hearing by the Director of Community Development. Minor modifications shall be approved by the Director of Community Development.
   
3. Every owner or operator of a wireless telecommunication facility shall renew the facility permit at least every five (5) years from the date of initial approval.
   

4. Each facility must comply with any and all applicable regulations and standards promulgated or imposed by any state or federal agency, including, but not limited to, the Federal Communications Commission and the Federal Aviation Administration.

5. Certification must be provided that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to RF emissions.

6. The owner or operator of any facility shall obtain and maintain current at all times a business license issued by the city.

7. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. Applicant shall notify city of any changes to the information submitted within thirty (30) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to the following:

   1. Identity, including name, address and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility.

   2. Name, address and telephone number of a local contact person for emergencies.

   3. Type of service provided.

8. All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of notification by the city.

9. Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line.

10. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in the Telecommunications Ordinance.

11. The wireless telecommunication facility provider shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and/or local statutes. The city shall promptly notify the provider(s) of any such claim, action or proceeding. The city shall have the option of coordinating in the defense. Nothing contained in this stipulation shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney's fees and costs, and the city defends the action in good faith.

12. Facility lessors shall be strictly liable for any and all sudden and accidental pollution and gradual pollution resulting from their use within the city. This liability shall include cleanup, intentional injury or damage to persons or property. Additionally, lessors shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, electromagnetic waves and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

13. Wireless telecommunication facility operators shall be strictly liable for interference caused by their facilities with city communication systems. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference, (including but not limited to filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the city attributable to the interference.

14. No wireless telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, the state of California, or the federal government.