REPORT TO PLANNING COMMISSION
SUBJECT
Title
Forward a Recommendation to Introduce an Ordinance to amend Chapter 19.54. (Wireless Telecommunication Facilities) and Find that the Action is Exempt from California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(b) (3), and 15378(b).
Report
BACKGROUND
The proposed ordinance would amend Section 19.54.160 of the Sunnyvale Municipal Code (SMC) pertaining to wireless telecommunication facilities in the public right-of-way. Currently, all such installations require a telecommunication facility permit from the Department of Community Development (CDD). Issuance of this discretionary zoning permit requires notice to neighbors within 300 feet of the installation and either a staff level decision with appeal to the Planning Commission, or a public hearing before the Planning Commission with appeal to the City Council. By contrast, other uses of the right-of-way are typically authorized by the Department of Public Works through encroachment permits and license agreements under SMC Chapter 13.08, which are ministerial in nature, do not require public notice or public hearings, and are not subject to review by the Planning Commission or City Council.
The City adopted SMC Section 19.54.160 to address community concerns about unsightly or intrusive telecommunications equipment in their neighborhoods. In the ensuing years, however, federal law has increasingly restricted the City's authority over wireless telecommunication facilities in the Right of Way (ROW). Although the City may impose reasonable aesthetic standards, the standards must be objective and cannot have the effect of prohibiting wireless service. In addition, the City must comply with relatively short deadlines (known as "shot clocks") established by the Federal Communications Commission (FCC) orders for processing wireless applications.
In 2019, the City Council authorized the City Manager to enter into Master License Agreements (MLA...
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