REPORT TO PLANNING COMMISSION
SUBJECT
Title
Updates to the Design Criteria for Wireless Telecommunication Facilities in the Public Right-of-Way: Forward a Recommendation to the City Council to Adopt a Resolution Updating the Design Criteria for Processing Wireless Communication Facilities in the Public Right-of-Way, and Find that the Action is Exempt from CEQA Pursuant to CEQA Guideline Section 15061(b) (3), and 15378(b).
Report
REPORT IN BRIEF
In 1997, the City adopted comprehensive zoning regulations regarding wireless telecommunication facilities on private property (Sunnyvale Municipal Code Chapter 19.54). The Code was amended in 2013 to include wireless facilities in the Public Right-of-Way (ROW) and was accompanied by a resolution with the Approving Criteria for Design Review of Wireless Telecommunication Facilities Located in the ROW, (Design Criteria). Since 2013, wireless telecommunications applications in the ROW have been reviewed using these Design Criteria. After using the criteria for a few years, staff has found that some of the criteria are too subjective and do not always lead to a design that meets the City's aesthetic standards or locational preferences. Additionally, in the past few years, the Federal Communications Commission (FCC) has increasingly limited the ability of local agencies to regulate telecommunications facilities in the public right-of-way. Local agencies do have authority under state law to regulate the time, place, and manner of such facilities, including aesthetics. Under FCC rules, however, aesthetic criteria must be objective rather than subjective. This means that the criteria must be defined by quantifiable factors (e.g., size, height, distance, etc.) rather than traditional planning language such as neighborhood compatibility or community character. In addition, the FCC rules prohibit agencies from adopting or applying aesthetic criteria in a way that would have the effect of prohibiting wireless service. This means th...
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