Legislation Details

File #: 25-867    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 7/25/2025 In control: Planning Commission
On agenda: 9/10/2025 Final action:
Title: Public Hearing: Action on Conditional Use Permit (PLN25-00131) for a New Unmanned AT&T Telecommunication Facility with the Installation of Rooftop Mounted Antennas and Ground Equipment Located at 2600 Great America Way
Attachments: 1. Development Plans, 2. Vicinity Map, 3. Letter of Justification, 4. Resolution to Approve CUP, 5. Conditions of Approval, 6. Coverage Map, 7. Alternative Site Analysis, 8. Radio Frequency Study, 9. PMM Staff Presentation
REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Action on Conditional Use Permit (PLN25-00131) for a New Unmanned AT&T Telecommunication Facility with the Installation of Rooftop Mounted Antennas and Ground Equipment Located at 2600 Great America Way

Report
REPORT IN BRIEF
File No.: PLN25-00131
Project: Conditional Use Permit for a new unmanned AT&T telecommunication facility with the installation of rooftop mounted antennas and ground equipment
Applicant: Ashley Smith, Epic Wireless
Owner: Santa Clara Gateway 2 LLC
General Plan: High-Intensity Office/Research and Development (R&D)
Zoning: Planned Development (PD)
Site Area: 14.03 acres
Existing Site Conditions: The project site is built with a six-story existing multi-story office building and a surface parking.

Surrounding Land Uses:
North: Undeveloped Land (Zoned: Planned Development)
East: Outdoor Recreational Field (Zoned: Urban Center)
South: Outdoor Recreational Field (Zoned: Urban Center)
West: Office Park (Zoned: Planned Development)

Issues: Consistency with the City's General Plan and Zoning Ordinance

Staff Recommendation: Adopt a resolution approving the Conditional Use Permit for a new unmanned AT&T telecommunication facility with the installation of rooftop mounted antennas and ground equipment, subject to findings and conditions of approval.

BACKGROUND
On June 27, 2025, Epic Wireless, applicant, filed an application requesting a Conditional Use Permit (File No. PLN25-00131) for a new unmanned telecommunication facility for AT&T at 2600 Great America Way.

The subject property has a General Plan Land Use Designation of High-Intensity Office/Research and Development (R&D) and is zoned Planned Development (PD). The approved Development Agreement for the existing office park (PLN1999-01084) permits office and research & development activities for this PD. [AA1]The project site is located to the southeast of Great America Way and just south of California State Route 237. The property is approximately 14.03 acres and is currently developed as an office park with surface parking. According to Santa Clara City Code (SCCC) Section 18.66.040.A, all new wireless telecommunication facilities require a [AA2]Use Permit. Conditional Use Permits are evaluated by the Planning Commission for a decision through a public hearing.
DISCUSSION
AT&T wireless identified a gap in coverage for their network. In anticipation of the upcoming large events at Levi's Stadium in 2026, the proposed new unmanned telecommunication facility will include the installation of nine new wireless antennas on the rooftop of the existing six-story (100-foot) office building and associated ground equipment within an enclosure to support the facility.

These new antennas will be located behind screening that is 15-feet in height and will not be visible to the public at street level. There is an existing metal equipment screen where a portion will be replaced with fiberglass reinforced plastic screening material that would allow radio frequencies to transmit from the antennas. New screening would mimic the color and pattern of the existing metal equipment screening. Given the height of the building and the offset of the location of the screening from the edge of the building (22 to 27 feet), it would be difficult for anyone to discern the difference between the proposed antenna screening and the existing equipment screening.

The proposed ground equipment will be in the southern portion of the property where the existing trash enclosure is located. The equipment will be inside a new 10'-8" tall concrete enclosure that will match the existing trash enclosure in color and will be landscaped with climbing vines. Completion of the proposed facility will improve network coverage for AT&T.

Pertaining to health concerns, local governments, including the City of Santa Clara, are preempted from regulating wireless telecommunication facilities based on concerns regarding the health effects of radio frequency emissions. The Telecommunications Act of 1996 ("TCA"; 47 U.S.C ?332(c)(7)(B)(iv)) limits local zoning authority over wireless telecommunication antennas for personal wireless service:

"No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [Federal Communication] Commission's regulations concerning such emissions."

Although the City has no authority to regulate a telecommunications facility based on health concerns, the proposed installation will still be required to comply with RF emissions limits set by the FCC, and ensure that the RF emissions do not exceed maximum permissible exposure limits for human exposure to RF energy.

Consistency with the General Plan
On balance, the project is consistent with the City's General Plan. The proposal is consistent with the following Santa Clara General Plan Land Use & Energy Policies:
* 5.3.1-P17 Promote economic vitality by maintaining the City's level of service for public facilities and infrastructure, including affordable utilities and high-quality telecommunications.
* 5.10.3-P10 Maintain the City's level of service for high quality utilities and telecommunications infrastructure.
The proposal is consistent with these policies as a new wireless telecommunication facility will be installed in the City to provide increased telecommunications coverage to AT&T customers. The new telecommunication equipment will expand the existing AT&T network and improve call quality, signal strength and wireless connection services in the City and allow improved accessibility for public safety.

Zoning Conformance
Pursuant to Section 18.66.040, Use Permit approval is required for all new wireless telecommunication facilities. Pursuant to SCCC Section 18.114.050, the Planning Commission may approve or conditionally approve a Conditional Use Permit only after first making all the following findings:
A. The proposed use is consistent with the General Plan and any applicable specific plan;
B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the City Code;
C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;
D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare; and
E. The subject site is:
1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and;
2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate.
All the above findings can be made as detailed in Attachment 3 - Resolution to Approve the Conditional Use Permit.
Conclusion:
The proposal is consistent with the applicable policies in the General Plan and meets the height and screening requirements of the Zoning Ordinance. The proposed project is desirable to the public convenience and will improve telecommunications service/coverage for the general area. The proposed project will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the vicinity of such proposed ancillary use as the proposed wireless facility is located on the rooftop of an existing commercial building and is fully screened to match the existing building.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per section 15303(d) of the CEQA Guidelines (New Construction of Utility Extensions).

FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.

COORDINATION
This report has been coordinated with the City Attorney's Office.

PUBLIC CONTACT
Public contact was made by posting the Planning Commission agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk's Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.

On August 28, 2025, a notice of public hearing on this item was mailed to 53 property owners and affected tenants within 500 feet of the project site. At the time of writing this report, Staff has not received any public comments on the proposed project.

RECOMMENDATION
Recommendation
1. Determine that the project is categorically exempt from formal environmental review per Section 15303(d), New Construction of Utility Extensions, of the CEQA Guidelines; and
2. Adopt a Resolution to approve the Conditional Use Permit for a new unmanned AT&T telecommunication facility with the installation of rooftop mounted antennas and ground equipment, subject to findings and conditions of approval.

Staff
Prepared by: Alex Tellez, Assistant Planner, Community Development Department
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Afshan Hamid, Director, Community Development Department

ATTACHMENTS

1. Development Plans
2. Vicinity Map
3. Letter of Justification
4. Resolution to Approve the Conditional Use Permit
5. Conditions of Approval
6. Coverage Map
7. Alternative Site Analysis
8. Radio Frequency Study

[AA1]The allowable uses on a property zoned PD are generally set when the PD zoning is approved. Have you checked the PD zoning for this site (probably early 2000's) to verify that it allows for wireless facilities, and/or authorizes any use that the developer wanted to construct? We'll need to know this before the public hearing.
[AA2]Deleted "Conditional" because some require a Minor Use Permit.