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

The 43 foot 3 inch monopole is proposed to be located behind the car dealership parts and service office and to the left of the exiting parking deck building. (See Site Plan, Attachment 4) The monopole will be located on the existing paving surface, in line with the existing parking lot lighting standards. The ancillary ground equipment is proposed to be located underneath the existing concrete ramp that leads to the second story parking deck located above the service building, out of site from adjacent uses. The equipment area is approximately 20 feet by 24 feet in size and will be enclosed by a chain-link fence with redwood slats. Photo simulations are located in Attachment 5.

The site currently does not have any other telecommunications providers on site.

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: Wireless telecommunication antennas monopoles with a vertical height of up to 65 feet in height located within a Highway Business (C-2) Zoning District require a Use Permit. The proposed monopole is approximately 43 feet in height.

Site Layout: The proposed site is located on West El Camino Real. There are three existing buildings on site. The sales office building is located right on El Camino Real, in the northeastern corner of the property. There is one large building with multi-purpose uses; parts service office, service bays, and second story parking deck. To the rear of the property is the third building, additional service bays. The remainder of the site contains paved areas for car sales, car storage and parking. The site also contains landscaped areas. The site is approximately ½ acres in size. The proposed monopole would be located approximately in the middle portion of the site.

Landscaping: The proposed project does not incorporate any additional site landscape or landscape screening into the plan due to the location of the project. The monopole would be located in the car dealerships paved lot and landscaping is not in the immediate vicinity. Staff does not believe additional landscaping is required for this project.

Parking/Circulation: The proposal does not require any additional parking on site. The wireless telecommunication facility can be accessed and serviced through the existing parking lot and paved sales area.

The project complies with all of the following design requirements of the Wireless Telecommunication Facilities section of the Sunnyvale Municipal Code Chapter 19.54:

19.54.040 (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.

The proposed monopole would be designed to resemble one of the on-site parking lot light standards, creating a site specific camouflage technique that would be compatible with existing architectural lighting elements. The applicant has proposed a camouflage design with the shortest pole and least visible antennas possible while still accomplishing the operator’s coverage objectives.

19.54.040 (c): Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background.

The proposed monopole uses colors and materials that will mimic adjacent parking lot light standards and will assist at blending the proposed monopole into the existing site character.

19.54.040 (j): All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation.

The proposed monopole has been designed to the minimum functional height of approximately 43 feet and minimum width to support the antenna installation.

19.54.040 (l): In order of preference, ancillary support equipment for facilities shall be located either within a building, in a rear yard or on a screened roof top area. Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment for minimal visual impact.

The proposed ancillary support equipment would be located in the rear of the property underneath an existing concrete ramp that leads to a second story parking deck. The equipment will be out of site from adjacent uses. A chain-link fence with redwood slats will enclose the equipment area.

19.54.040 (m): No freestanding facility or ancillary support equipment may be located between the face of a building and a public street, bikeway or park, except for approved façade –mounted equipment or facilities located on existing or new permitted structures in accordance with this section.

The proposed monopole will not be located between the face of a building and El Camino Real. The monopole would be located behind the existing service building.

19.54.040 (p): Freestanding facilities, including towers, lattice towers, and monopoles, shall be restricted to a maximum height of sixty-five feet when located adjacent to residentially zoned properties. Facilities shall be setback at a ratio of two horizontal feet for every one-foot in height. The facility shall not be readily visible to the nearest residentially zoned property.

The proposed monopole, would be adjacent to residentially zoned properties. It would be at a maximum height of 43 feet 3 inches. The monopole would be set back from the residentially zoned property by 155 feet (2 x 43 feet= 86 feet minimum). The stealth monopole will not be readily visible to the adjacent residentially zoned properties because it is designed to mimic the on-site parking lot light standards.

The applicants have submitted a study indicating the project is in compliance with federal radio frequency emissions standards. As stated, staff considers this proposed project to be appropriate for the existing site and compatibility with surrounding uses. The proposed project will have no impacts on the surroundings due to the camouflaged design and location of the monopole and ancillary ground equipment.

The applicant has worked closely with staff for the past eight months to determine an appropriate location and design for the proposed wireless telecommunication antennas. The applicant and staff have reviewed an alternate site, which did not produce any additional benefits. Three different monopole designs were explored at the proposed site. The overall monopole height was reduced by a total of twenty feet from the original proposal. Staff finds that the proposed monopole use, design and location have been proposed in such a way that the monopole pole and associated ground equipment are compatible with the existing and surrounding uses and do not have a negative visual impact.

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

1. Adopt the Negative Declaration and approve the Use Permit with attached conditions.
2. Adopt the Negative Declaration and approve the Use Permit with modified conditions.
3. Adopt the Negative Declaration and deny the Use Permit.
4. Do not adopt the Negative Declaration and direct staff as to where additional environmental analysis is required.

Recommend Alternative 1.

Prepared by:
Erin Megan Walters
Project Planner

Reviewed by:
Gerri Caruso
Principal Planner

Reviewed by:
Trudi Ryan
Planning Officer

Attachments:

1. Findings
2. Conditions of Approval
3. Negative Declaration and Initial Study
4. Site and Architectural Plans
5. Photo Simulations

1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale.

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 project will not be materially detrimental to the uses within the immediate vicinity. The proposed monopole does not create a negative aesthetic impact on the quality of adjacent residential neighborhoods and because the project meets all Sunnyvale Municipal Code Wireless Telecommunication Design guidelines and is designed in a stealth manner.

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Conditions of Approval – Use Permit

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. Submit for Building Permits prior to construction/installation activity.
2. Any major modifications or expansion of the approved use shall be approved at a separate public hearing by the Planning Commission. Minor modifications shall be approved by the Director of Community Development.
3. The proposed antennas and monopole will be painted per the direction of the Director of Community Development prior to issuance of a building permit.
4. The proposed ancillary ground equipment shall be enclosed by a chainlink fence with redwood slats.
5. 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.
6. 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 Federal Aviation Administration.
7. Certification must be provided that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to RF emissions.
8. The owner or operator of any facility shall obtain and maintain current at all times a business licenses issued by the city.
9. 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 an 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.

10. 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.
11. 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 weekend nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line.
12. 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.
13. The wireless telecommunication facility provider shall defend, indemnify, and hold harmless the city of 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 coordination 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.
14. 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 mean any solid, liquid, fumes, acids, alkalis, chemicals, electromagnetic waves and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
15. 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.

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