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

The proposed project consists of a co-location of six flush mounted panel antennas located on an existing monopole. Additional ground equipment will also be installed in an existing enclosed area located adjacent to the monopole. The site currently supports two facilities, for Sprint and Nextel.

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 use includes the co-location of six wireless panel antennas on an existing monopole. Additional ground cabinets are associated with this project. The equipment would be installed within an existing enclosed equipment area. The panel antennas are positioned under an existing facility and will be situated with 3 panels above 3 additional ones. See elevations in Attachment #4 for more detail.

Site Layout: The existing 56 ft. monopole and associated ground equipment is positioned behind the building at the southwest corner of the site. The ground cabinets would be located adjacent to the south of the existing equipment provided by Sprint. A chain link fence with redwood slats encloses the entire equipment area for all three facilities. A fence currently separates the existing two facilities. The proposed equipment will be included in the 396 s.f. area that is utilized by Sprint. The previous permit for the Nextel facility included a 252 s.f. fenced area, which lies adjacent to the north. See Site Plan on Attachment #4 for more detail

Landscaping: The project does not include any additional landscaping. The previous use permit for this facility required additional landscaping along the north side of the fence to screen the enclosed ground equipment. Staff recommends Condition of Approval #3, which requires the addition of screening vegetation along the south side of the fence. This landscaping shall provide improved screening of the proposed ground equipment area.

Parking/Circulation: The proposal does not require any additional parking on site. The existing parking lot and driveway provide access to this portion of the site.

Following are the sections of the Sunnyvale Municipal Code 19.54 for wireless telecommunication facilities that apply to the proposal:

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.

19.54.040(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.

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

Staff has evaluated the proposal and has determined that the proposed facility complies with the Zoning Code of the City of Sunnyvale and meets the intent of the Telecommunications Ordinance (SMC19.54.140). The project makes use of an existing monopole and does not cause additional negative aesthetic impacts to the surrounding area. The facility meets the RF emissions standards as described in the study. The project site is located far into the industrial zoning area. This area is expected to include some exposed equipment and facilities.

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

There are no expected significant impacts from the proposed co-location. The antennas are positioned under an existing facility on the monopole. The site is located within an industrial zone that is considered visually less sensitive. Additionally, there are no residential uses near the project site.

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

1. Affirm the Negative Declaration and approve the proposed project subject to attached Conditions of Approval in accordance with the staff recommendation.
2. Affirm the Negative Declaration and approve the proposed project subject to modified Conditions of Approval.
3. Affirm the Negative Declaration and deny the project.
4. Do not affirm the Negative Declaration and direct staff as to where additional environmental analysis is required.

Staff recommends Alternative 1.

Prepared by:

Ryan M. Kuchenig
Project Planner

Reviewed by:

Gerri Caruso
Principal Planner

Reviewed by:

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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 a page of the plans submitted for a Building permit for this project.
2. Submit for Building Permits prior to construction/installation activity.
3. Any major modification or expansion of the approved use permit shall be approved at a separate public hearing. Minor modifications shall be approved by the Director of Community Development.
4. Modify the site plan to include landscaping, such as shrubs, along the south perimeter of the chain link fence screening the ground equipment.
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 the 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 license 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 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.

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 weekday 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 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.
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 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.
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.