REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to amend Sunnyvale Municipal Code 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
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on November 9, 2020.
After discussion with staff on the process and proposed changes, the Planning Commission voted 6-0-1 (one abstention) to recommend adoption of the Ordinance in accordance with the staff recommendation. An excerpt of the meeting minutes can be found in Attachment 8.
There was no public comment during the public hearing; however, staff received one email prior to the Planning Commission meeting which can be found in Attachment 7.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, Sunnyvale Public Library and Department of Public Safety. In addition, the agenda and report are available at the Office of the City Clerk and on the City's website.
ALTERNATIVES
1. Introduce an Ordinance (Attachment 2 to the report) to amend Sunnyvale Municipal Code Chapter 19.54. (Wireless Telecommunication Facilities) and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Sections 15061(b)(3), and 15378(b).
2. Introduce an Ordinance (Attachment 2 to the report) to amend Sunnyvale Municipal Code Chapter 19.54. (Wireless Telecommunication Facilities) with modifications and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Sections 15061(b)(3), and 15378(b).
3. Take no action and maintain the existing Sunnyvale Municipal Code Chapter 19.54. (Wireless Telecommunication Facilities), which maintains the current four step process.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Introduce an Ordinance (Attachment 2 to the report) to amend Sunnyvale Municipal Code Chapter 19.54. (Wireless Telecommunication Facilities) and Find that the Action is Exempt from CEQA Pursuant to CEQA Guideline Section 15061(b)(3), and 15378(b).
Amendment of the Ordinance will streamline the process for reviewing applications for wireless telecommunication facilities on City-owned light poles for carriers with an approved Master License Agreement (MLA) by eliminating the Design Review process requirement. Local authority will be maintained in preserving the aesthetic integrity for wireless telecommunications facilities in the City’s Right of Way during both the MLA and encroachment permit processes. Although the proposed update eliminates the public noticing associated with the Design Review, the process will include an opportunity to participate and comment when a MLA is reviewed by the City Council before adoption and staff ensuring good design is achieved in accordance with the Design Criteria.
Staff
Prepared by: Mary Jeyaprakash, Associate Planner
Reviewed by: Amber Blizinski, Principal Planner
Reviewed by: Andrew Miner, Assistant Director, Community Development
Reviewed by: Sherine Nafie, City Property Administrator
Reviewed by: Jennifer Ng, Assistant Director of Public Works
Reviewed by: Trudi Ryan, Director of Community Development
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Report to Planning Commission 20-0834, November 9, 2020 (without attachments)
2. Draft Ordinance
3. Comparison of Existing and Proposed Application Review Process
4. Master License Agreement for 4G Verizon
5. Resolution and Design Criteria for Processing Telecommunication Facilities in the Public Right-of-Way
6. Council Policy 7.2.16 on Telecommunications
Additional Attachments for Report to Council
7. Public Comment
8. Excerpt of Draft Minutes of the Planning Commission Meeting of November 9, 2020