11-06-02 Minutes - GPC TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6872
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SUMMARY MINUTES OF A REGULAR MEETING OF THE GENERAL PLAN
COMMITTEE OF THE TOWN OF LOS GATOS, NOVEMBER 6, 2002 HELD IN THE
CDD LOBBY, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA.
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The meeting was called to order at 5:40 P.M. by Chair Mike Burke.
ATTENDANCE
General Plan Committee
Members Present: Mike Burke, Josh Bacigalupi, Sandy Decker, Phil Micciche, Joe Pirzynski,
Morris Trevithick, Mark Weiner
Members Excused: Jo Zientek
Staff Present: Suzanne Davis, Associate Planner; Tom Williams, Assistant
Director of Community Development; Deborah Ungo-McCormick,
contract Planner
Others present: Ray Davis, John Tice, Sam & Lucille Weidman, Richard Zai
Verbal communications:
None
ITEM 1: Discuss status and Draft Outline for Wireless Communications Ordinance
Suzanne Davis presented the four objectives that the draft outline was prefaced
on. The Committee is being asked to comment on the draft outline as the
Telecommunications Ordinance will be based on it. A community meeting will be
held, tentatively the week of January 13, 2003, and the tentative Planning
Commission public hearing date is February 12, 2003.
Tom Williams informed the Committee that three consultants will be working with
staff in drafting the new telecommunications ordinance: Deborah Ungo-McCormick,
contract planner; Larry Cannon, architectural consultant and a Campbell firm called
LRC.
There was a series of questions and answers regarding the intent of the ordinance:
In response to questions from Mark Weiner, Tom Williams said providers will be
required to submit a master plan. The objective is to allow the necessary
infrastructure to service the Town.
Josh Bacigalupi asked about the method that will be used to determine where dead
zones are located.
It was noted that co-location criteria will be considered.
Phil Micciche asked if a master plan can be amended, and Tom Williams said yes,
but an established master plan would need to be followed unless formally amended
through the Conditional Use Permit process.
Deborah Ungo-McCormick said the FCC will dictate what carriers are allowed. The
map (master plan) will show locations needed to provide service.
Joe Pirzynski said a legal brief of the Telecommunications Ordinance of 1996 is
needed. He is not convinced the Committee is fully apprised of what is going
on.
Sandy Decker noted that there is no mention of obsolescence. She would like to
see a standard condition requiring obsolete equipment to be removed by the provider
once it is no longer needed.
Mike Burke said the goals seems to be addressing visual impacts. Noise from
equipment is also an important consideration. The ordinance should talk about
general aesthetics rather than focusing on that topic.
Deborah Ungo-McCormick explained that stealth technology is camouflage screening
or incorporation of antennas into building design.
Phil Micciche would like to see stealth technology required in general, not just
in areas of sensitivity.
Mike Burke talked about review of use permits and would like to see a time frame
set up to review them. For example, after a one year period.
Phil Micciche would like to see the ability to place conditions on a use permit
to screen other pre-existing antennas in the same location.
Sandy Decker commented on contracts between private property owners and utilities.
General Plan Committee Special Meeting
November 6, 2002
Page 3 of 4
Deborah Ungo-McCormick said that the Town can regulate location and aesthetics,
and can deny an application if established design guidelines are not being met.
Public Comments:
Lucille Weidman said she appreciates the opportunity to comment on this. She
asked if carriers can be required to update facilities when changes are proposed
at a particular site. Joe Pirzynski said a built in audit can be considered.
Richard Zai asked questions about siting criteria and setback requirements,
permitted locations and criteria that applies to existing situations such as water
tanks. Deborah Ungo-McCormick explained that a fall zone is a protection for
surrounding structures.
Phil Micciche felt that setbacks should be measured from property lines.
John Tice said there are legal questions surrounding the policing ans siting of
facilities on private property, and what happens when a property that has a facility
located on it is sold. Deborah Ungo-McCormick noted that a use permit runs with
the land and a lease agreement is usually in place governing the time frame the
facility can be there.
John Tice said that in critical fire areas it is important to have coverage.
When a facility comes in for approval, consider coverage for areas such as this.
Sam Weidman asked about the definition of a major street. Deborah Ungo-McCormick
said that as defined in the General Plan, it is usually an arterial or thoroughfare.
Mr. Weidman asked if the fall zone will be reevaluated if a change is requested
for a facility. He suggested that during the annual audit, emissions be measured
and recorded.
Ray Davis said it is a total waste of the Committee’s time to ask for input from
people when telecommunications is covered by law already. He objected to the
appeal fee of $1,000 for an application on a commercial property. Orinda has
a model ordinance that could be used - the Town is reinventing the wheel. The
Town needs to conform to the federal act, and facilities need to be located in
commercial areas.
General Plan Committee Special Meeting
November 6, 2002
Page 4 of 4
Comment & Direction to Staff:
Mark Weiner: in the goals, highlight ideal locations (commercial or open land
versus historic and residential properties). Commercial coverage should be
mentioned in addition to personal coverage. Change of infrastructure should be
considered grounds for revocation.
Sandy Decker: the most pertinent paragraph is late in the outline (discouraging
facilities from being located in historic, residential or open space areas) and
should be moved to the front of the document.
Joe Pirzynski: Keep the compatibility language intact (delete “/or”). He asked
for clarifications of incentives. Tom Williams said expedited processing would
be an incentive.
Phil Micciche: Consider ordinances from other communities. Tom Williams noted
that other communities’ ordinances have been collected and are in a reference
binder.
Josh Bacigalupi: Build noise into the goals.
Mike Burke: commented that an appeal of the Director of Community Development
Director’s decision would go directly to Council. He asked if this is the only
process that would do this. He also noted that the intent is to provide service
to Town, not the Highway 17 going through.
John Tice said the opportunity to transfer important safety communications would
be limited and should be encouraged.
Mike Burke said the ordinance should be written to address future services including
corporate sp it doesn’t have to be rewritten at that time.
Adjournment
The meeting was adjourned at 6:45 p.m. by Chair Burke. The November 27, 2002
meeting will be cancelled because of the Thanks giving holiday. The next regular
meeting of the General Plan Committee is scheduled for Wednesday, December 11,
2002 at 5:30 pm.
General Plan Committee Special Meeting
November 6, 2002
Page 5 of 4
Prepared by:
___________________________
Suzanne Davis, Associate Planner
cc: Planning Commission Chair
General Plan Committee
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