Item 9 Staff Report Consider a Resolution of the Town Council of Los Gatos Adopting Fees for Telecommunication Facilities and Adopting Standards for Wireless Telecommunications Facilities.DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 6/16/03
ITEM NO.
COUNCIL AGENDA REPORT
June 12, 2003
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS ADOPTING FEES FOR TELECOMMUNICATION
FACILITIES AND ADOPTING STANDARDS FOR WIRELESS
TELECOMMUNICATIONS FACILITIES. APPLICANT: TOWN OF LOS
GATOS
RECOMMENDATION:
Adopt the resolution (Attachment 1) amending the fee schedule and establishing the Standards for
Wireless Telecommunications Facilities.
BACKGROUND:
On June 2, 2003, the Town Council held a public hearing on the Wireless Telecommunications
Standards and associated fees. As a result of the hearing, the Town Council directed changes to the
Standards. These changes were made by Staff and are reflected in the final Resolution and Standards
presented in Attachment 1. Attachment 2 provides the underline/strikeout version of the changes to
the documents as directed by the Town Council.
DISCUSSION:
The attached Resolution and Standards reflect the direction received by the Town Council at their
meeting of June 2, 2003.
(Continued on Page 2)
PREPARED BY: BUD N. LO T
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:
Assistant Town Manager Attorney Clerk Finance
Community Development Revised: 6/10/03 3:00
Reformatted: 5/23/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: RESOLUTION ADOPTING WIRELESS TELECOMMUNICATIONS FEES AND
STANDARDS
June 12, 2003
ENVIRONMENTAL ASSESSMENT:
It has been determined that this project is categorically exempt pursuant to Section 15308 of the
State Environmental Guidelines as adopted by the Town. Individual applications will be required
to satisfy the provisions of the California Environmental Quality Act.
FISCAL IMPACT:
The cost associated with reviewing wireless telecommunication applications will be cost
recoverable pursuant to the recommended fee schedule found in the attached Resolution.
Attachments:
1. Final Resolution and Standards for Wireless Telecommunications Facilities for Council
adoption.
2. Strikeout/Underline version of Council directed changes to the Resolution and Standards for
Wireless Telecommunications Facilities.
Distribution:
Ken Cannizzaro, 1070 Arastradero Rd., #300, Palo Alto, CA 94304
Donna Carson, 283 Longridge Road, Los Gatos, Ca 95032
Laura Crowe & Tim Boyd, 120 Lester Lane, Los Gatos, CA 95032
Ray Davis, P. O. Box 625, Los Gatos, CA 95031
Gregory Hardman, 149 Holly Crest Drive, Los Gatos, CA 95032
Egon Jensen, 182 Lester Lane, Los Gatos, CA 95032
Casey, Jeff & Marianne Larson, 146 Lester Lane, Los Gatos, CA 95032
Larry Paulding, 297 Carlton Way, Los Gatos, CA 95032
Steve Richard, PG&E, 125 Milmar Way, Los Gatos, CA 95032
Luke Stamos, 2216 The Alameda, Santa Clara, CA 95050
John Tice, 420 Alberto Way, Suite 40, Los Gatos, CA 95032
Barbara Trese, 147 Lester Lane, Los Gatos, CA 95032
Sam & Lucille Weidman, 215 Carlester Drive, Los Gatos, CA 95032
Victoria Willcox, AT&T Wireless Communications, 119 Ash Grove Court, San Jose, CA 95123
Richard Zai, 106 Lester Lane, Los Gatos, CA 95032
BNL:TW N:\DEV\TomW\Telecom Ordinanbce\June 16cncl rpt.wpd
RESOLUTION 2003-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTING FEES FOR TELECOMMUNICATIONS FACILITIES AND ADOPTING
STANDARDS FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
WHEREAS, the Town Council has adopted a Telecommunications Ordinance; and
WHEREAS, the ordinance establishes standards for the location and design of wireless
telecommunications facilities; and
WHEREAS, fees need to be established for applications that qualify for administrative and
technical/peer review; and
WHEREAS, the proposed administrative fees are based on information obtained from
neighboring communities that have an administrative review process for telecommunications
facilities; and
WHEREAS, the Town's goal is full cost recovery for processing of development
applications;
THEREFORE, BE IT RESOLVED: The Town Council hereby amends the Town Fee
Schedule adopted pursuant to Resolution as follows:
1. Zoning Approvals
(R) Peer/Technical Review: $1,500.00 deposit (any remaining deposit will be refunded to the
applicant and amounts exceeding the deposit amount will be paid by the applicant).
1. Administrative charge of 10% of actual cost.
(S) Major telecommunications facility administrative applications: $1200.00.
(T) Minor telecommunications facility administrative applications (i.e. microcell, 80211 b or
equivalent): $100.00
:La Pre -application conference fee: $100.00
FURTHER RESOLVED: The Town Council hereby adopts the Standards for Wireless
Telecommunications Facilities attached hereto as Exhibit A
Attachment 2
FURTHER RESOLVED: That no changes or amendments to the adopted Standards shall
occur unless approved by the Town Council at a public meeting.
FURTHER RESOLVED: The amendment to the Fee Schedule shall take effect 60 days
from the date of adoption and the Standards for Wireless Telecommunications Facilities are effective
immediately.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16th day of June, 2003 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
/s/Sandy Decker
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/Marian V. Cosgrove
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:1DEV\RESOS\TelecomFees.wpd
Town of Los Gatos
Standards for Wireless Telecommunications Faciles
SECTION I. PURPOSE AND APPLICABILITY
The purpose of these Standards is to implement the Town's Wireless Tele & • mmunications
Ordinance. The standards established are for the purpose of providing a niform set of standards
for the orderly development of personnel wireless telecommunication • facilities consistent with
federal standards and with the objectives of the Town as set forth i the General Plan and Town
Code. Standards and procedures found herein shall apply to all at..licable wireless
telecommunications facilities as set forth in the adopted ordina ► e.
SECTION II. DEFINITIONS
Alternative Tower Structure: man-made clock tow rs, bell steeples, light poles, and similar
alternative -design mounting structures that camoufl ge or conceal the presence of antennas or
towers.
Ancillary equipment: support or mechanica -quipment used in the operation of wireless
telecommunication facilities.
Antenna: any exterior transmitting or ceiving device mounted on a tower, building or
structure and used in communication • that radiate or capture electromagnetic waves, digital
signals, analog signals, radio frequ cies (excluding radar signals), wireless telecommunications
signals or other communication gnals.
Antenna Array: Two or mo e devices used for the transmission or reception of radio frequency
signals, microwave or oth- signals for commercial communications purposes.
Antenna Support Str • cture: any building or other structure other than a Tower which can be
used for location of ireless Telecommunications Facilities.
Camouflage: t use of shape, color and texture to cause an object to appear to become a part of
something els=, usually a structure, such as a building, wall or roof. Camouflage does not mean
"invisible", ' t rather "appearing as part or exactly like the structure used as a mount".
Co-loca on: the use of a wireless telecommunications facility, or tower or location, by more
than o wireless telecommunications provider.
To n of Los Gatos
St ndards for Wireless Telecommunications Facilities
dopted June 16, 2003
Page 1
Decision Making Body: May be either the Community Development Director, Planning
Commission or Town Council.
Directional Antenna (panel antenna):
Equipment Shelter or Enclosure: a structure, shelter, cabinet, box or vault designed for and
used to house and protect the electronic equipment necessary and/or desirable for processing
wireless communication signals and data, including any provisions for mechanical cooling
equipment, air conditioning, ventilation, or auxiliary electric generators.
Facade Mounted Antenna: An antenna which is directly attached or affixed to the elevation of a
building, tank, tower, or other structure.
FCC: the Federal Communications Commission and any legally appointed, designated or elected
agent or successor.
Guyed Tower: a vertical support structure which is usually over 100 feet tall, which consists of
metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.
Height: the vertical distance measured from pre-existing ground level to the highest point on the
PWS facility, including, but not limited to the antenna or antenna array and base pad.
Lattice Tower: a wireless communication support structure that consists of metal crossed strips,
bars, or braces, forming a tower which may have three, four, or more sides;
Licensed carrier: any person, firm or entity licensed by the FCC to provide Personal Wireless
Services and which is in the business of providing the same.
Microcell: IEEE 80211b industry standard Wireless LAN specification or similar. This also defined
as a minor telecommunications facility.
Monopole: a vertical support structure, consisting of a single vertical metal, concrete or wooden
pole, typically round or square, and driven into the ground or attached to a foundation;.
Mount: any mounting device or bracket which is used to attach an antenna or antenna array to a
street pole, building, structure, tower or monopole.
Multi -use Tower: means a self supporting lattice, guyed or monopole structure constructed from
grade which supports more than one Wireless Telecommunications Facility.
Panel Antenna: a directional antenna designed to transmit and/or receive signals in a directional
pattern which is less than 360 degrees, typically an arc of approximately 120 degrees/
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 2
Personal Wireless Services (PWS): any of the technologies as defined by Section 704(a)(7)(c)(I)
of the Federal Telecommunications Act of 1996, including, Cellular, PCS, Enhanced Specialized
Mobile Radio (ESMR), Specialized Mobile Radio (SMR), and Paging;
Pre-existing Towers and Pre-existing Antennas: any tower or antenna for which a building permit
or special use permit has been properly issued prior to the effective date of this ordinance, including
permitted towers or antennas that have not yet been constructed so long as such approval is current
and not expired;
Stealthing: methods use in the camouflaging or concealing of antennas at their sites.
Tower: any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas for telephone, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common -carrier towers, wireless telecommunications
towers, alternative tower structures, and the like. The term includes the structure and any support
thereto.
Viewshed: the off site area surrounding a Wireless Telecommunications Facility or Antenna Support
Structure, within which the Facility or Structure is visible.
Wireless Telecommunications Facilities: any cables, wires, lines, wave guides, antennas,
microwave dishes and any other equipment or facilities associated with the transmission or reception
of communications as authorized by the FCC which an entity seeks to locate or has installed upon
a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities
shall not include:
• Any satellite earth station antenna two meters in diameter or less which are located in an area
zoned industrial or commercial;
• Any satellite earth station antenna one meter or less in diameter, regardless of zoning
category
• Antennas used by amateur radio operators.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 3
SECTION III. LOCATION. DEVELOPMENT AND DESIGN
Unless otherwise specifically described by the adopted Wireless Telecommunications Ordinance and
these standards, the following development requirements shall apply to all telecommunications
facilities located within the Town:
A. Location Standards
The location of wireless telecommunications facilities in a residential zone is not a preference.
Location of wireless telecommunications facilities are encouraged in all non-residential zones.
Wireless facilities cannot be located on a single-family zoned property if developed with a principal
permitted use.
IIowcvcr, if Any application that proposes the location of a wireless telecommunications facility
facilities in a residential zone, will not be permitted unless must provide a site alternatives analysis
has been prepared to the satisfaction of the deciding body indicating that it is not technologically
feasible to locate the facility in a non-residential zone; or would be prohibitive to the objective of
providing full coverage to the Town. If no other site is determined viable other than within the
proposed residential zone, then the facility requires approval of a Conditional Use Permit and may
not be approved under the Administrative Land Use Permit under Section V.D. of these Standards.
1. Location Preferences
Wireless telecommunications facilities shall generally be located on properties with the following
preference in order of priority. Preferences a. and b. as listed below do not require a site alternatives
analysis:
a. Co -located on an existing telecommunications structure or on a building roof or facade
already containing approved antennas, often broadcasting at different frequencies and
operated by different providers.
b. On existing buildings or structures provided it is positioned strategically and not visible from
the public right -of way or residentially designated property pursuant to the Town's adopted
General Plan; and designed to fully mitigate its visual impacts consistent with these
standards.
c. Town owned properties and other public or quasi -public facilities, such as fire stations,
schools, or churches.
d. Poles in the public right-of-way or in a public easement including but not limited to PG&E
towers or other communications towers, light poles, or existing flag poles.
e. Commercially zoned properties.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 4
f. Any non -designated residential land use adopted in the General Plan.
2. Hillside Locations
Wireless telecommunications facilities may be located in hillside areas as necessary to maintain the
Town's objective of providing full service coverage. If siting any facility within the Town's hillsides
is deemed necessary through preparation of a Site Alternatives Analysis, then the following criteria
shall be implemented:
a. Antennas, support structures and equipment are not visible from any of the adopted viewing
platforms as defined in the Town's Hillside Development Standards and Guidelines.
b. Hillside locations must reduce the number of other antennas, monopoles, towers and
equipment that would otherwise be necessary to provide service. Reduction of facilities by
a hillside location does not however assume that it will be the preferred location as identified
in subsection A.1 Location Standards of this Section.
c. Any facility must blend with the natural topography, natural vegetation and be camouflaged
such that it renders the equipment virtually invisible at all times of the year.
d. No facility may extend above any designated ridge line as adopted in the Town's Hillside
Development Standards and Guidelines.
3. Minimum Distance of Antenna and Facilities
The minimum distance between wireless antennas and related facilities shall be a radius of three (3)
miles per wireless telecommunications service provider. If this is not technically feasible, it should
be so documented in the Site Alternatives Analysis required as part of the permit application process.
B. Development Standards
All telecommunications facilities shall be subject to the following general development standards:
1. Co -Location
Wireless telecommunications facilities are encouraged to co -locate with other wireless service
providers wherever technically and operationally feasible. Co -location of facilities are subject to the
following standards:
a. It is in compliance with FCC standards for RF emissions.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 5
b. It reduces visual impacts. a . .
c. It is structurally and technically feasible to co -locate.
d. Any proposal that does not involve co -location is required to provide a letter stating the
reason(s) for not co -locating the facility which shall be submitted with the project application
as prescribed under Section V (D) and (E) of these standards. At the discretion of the
Community Development Director, a Site Alternatives Analysis may be required as further
evidence for not co -locating a proposed facility.
2. Signage
All wireless telecommunications facilities shall provide identification either by sign, sticker or
placard that includes the most current phone number and emergency contact information for the
wireless service provider. The sign information shall also include warnings and safety precautions
for people nearing the equipment as may be required by any applicable FCC adopted standards
including RF symbols identified in ANSI C95.2-1982.
The design, size, materials and colors of any sign and/or identification mechanism shall be to the
satisfaction of the Community Development Director and may require a separate sign application.
Advertising signs or logos shall not be placed on any wireless telecommunications facility except for
those provided by the manufacturer required for warning and/or certification seals and stamps.
3. Structural Standards
All wireless telecommunications facilities shall at all times comply with applicable requirements of
the Uniform Building Code in effect at the time the permit is issued. Upon reviewing the permit the
Community Development Director acting as the Town's Building Official may shall require that the
facility be upgraded to meet current requirements if deemed necessary to protect the public health,
safety and welfare.
4. Screening and Landscaping
Wireless telecommunications facilities shall be installed in a manner that minimizes the impact to
existing vegetation. Any damage to landscaping and/or vegetation may shall be required to be
restored. As appropriate, landscaping shall be used to provide visual screening of the proposed
facility, related structures and equipment. Landscaping is not limited to just screening of mechanical
equipment.
Towers, monopoles and ground equipment shall be enclosed by a security fence of not less than six
(6) feet high and incorporate an anti -climbing device sufficient to protect from trespassing. Fence
material and design shall be compatible with the image and aesthetics of the surrounding area and/or
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 6
residential area and in no case is barbed wire or similar material allowed. Chainlink fencing is not
appropriate unless it is entirely screened and maintained with approved landscaping.
Ground equipment located in a residential zone shall be placed underground unless the physical
constraints of the site make this infeasible or create grading impacts or an impact on surrounding
trees. If feasiblc, The undergrounding of equipment boxes may be required to fully mitigate for its
visual impacts in any non-residential zone. Undergrounding of equipment is
not required in a non-residential zone if the equipment is placed inside a primary building, on a
building rooftop screened behind a parapet or mechanical equipment screening, or behind approved
fencing in combination with approved and maintained landscaping.
5. Height
Wireless telecommunications facilities should be located to the minimum possible height based on
technical requirements of proposed antenna frequency and in consideration of the Town's objective
to provide full service coverage. Height requirements and how height is measured shall comply with
the definition found in the Town Code as well as with the following:
a. The height of facade mounted antennas shall conform to the same height of the existing
facade or parapet. If additional height is necessary to reach intended service area, the facility
shall be roof mounted, constructed at the lowest possible height and screened to minimize
visual impact.
b. Roof mounted antennas shall not extend above a height to setback ratio of 1:1. The setback
distance shall be measured from the closest edge of the roof to the antenna location. In any
event, the antenna should not exceed a height of 10 feet above the existing roof and in no
instance exceed the height limit of the underlying zone unless it complies with provision (e)
of this subsection.
c. Maximum height of monopoles shall be designed at the minimum functional height
requirement as described herein. The height of the monopoles shall not exceed the maximum
height as allowed by the underlying zone.
d. Any antenna or facility that exceeds the height of the building which it is located shall be
reviewed for visual impacts on the surrounding area.
e. Any underlying height limit may be exceeded if the deciding body determines that the height
of the antenna will satisfy the service coverage needs of multiple other antennas. In any case
where the height of the underlying zone is exceeded a Conditional Use Permit is required.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 7
6. Setbacks
All ground mounted wireless telecommunication facilities shall meet the applicable setback
requirements of the underlying zone. The decision making body may require that new tow%A
facilities provide an additional foot of setback for each foot in height it extends beyond the required
front yard setback. For example, if a new 35 feet tall telecommunications tower is proposed in the
Office (0) zone, it would require a 35 feet front yard setback instead of the typical 25 feet allowed
by the Town's zoning regulations. Any wireless facility within 50 feet of a residential property line
requires a Conditional Use Permit unless it is determined by the Community Development Director
that a safety, noise or visibility issue does not exist. Visibility issue is defined as facilities that are
visible from any residential property or public right-of-way as viewed from existing grade.
The Public Works Director and Community Development Director shall be responsible for
determining, on a project by project basis, the minimum setback required for utility cabinets proposed
within the public right-of-way.
7. Public Right -of -Way
No portion of any wireless telecommunications facility may extend over the sidewalk. Street or other
public right-of-way whether ground mounted or building mounted without an encroachment permit.
Antennas and related equipment mounted on street -light poles, traffic signals, and existing telephone
poles are subject to the Parks and Public Works approval of an encroachment permit and compliance
with the provisions of the Wireless Telecommunications Ordinance and the guidelines and standards
found herein.
Any use of Town facilities within the public right-of-way are subject to the consummation of a lease
between the Town and the wireless service provider. Underground cables, conduits or wiring
proposed within the Town right of way may shall be subject to a franchise agreement consistent with
requirements of the Town Code.
The under -grounding of equipment boxes within the public right-of-way may shall be required to fully
mitigate for its visual impacts unless the physical constraints of the site make this infeasible or create
grading impacts or an impact on surrounding trees. Any visual impact mitigation measure shall be
provided to the satisfaction of the Community Development Director and Director of Parks and
Public Works.
C. Design Standards
All telecommunications facilities shall be subject to the following design standards:
1. Stealth Design
Wireless telecommunications antennas, related facilities and structures shall incorporate architectural
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 8
treatments and advanced industry screening techniques to mitigate its visual impacts. Appropriate and
innovative design solutions, stealth design and locations that blend with the natural environment are
encouraged. These include locating facilities on the inside of a building parapet, flagpole, light pole or
spire or other architectural feature of an existing building. These techniques are highly encouraged and
may be required where there is high visibility of the antenna and/or other screening potential of the site
is low. The use of artificial trees, rocks or any other artificial technique used as disguise of natural
features is strongly discouraged.
2. Co -Location
Wireless telecommunications antennas, related structures and facilities are encouraged for co -location
especially on existing facilities as described in this subsection B.1 . Design of co -located antennas and
related facilities shall maintain an aesthetically pleasing appearance. Co -location shall avoid the over
proliferation of antennas such that antennas are not placed too close together without visual mitigation.
3. Colors and Materials
Wireless telecommunications antennas, structures and related facilities shall have a non -reflective finish
and whenever technically feasible, shall be textured to match the existing support structure or building
and/or be painted to blend with the predominant background.
4. Scale and Architecture Integration
Any building mounted wireless telecommunications antennas, structures and related facilities shall
follow the scale and architectural style of the building which it is located and shall be designed and
located to blend with the existing natural and built environment.
The decision making body may shall require special design features to be incorporated into the facility
to maintain design and character of the area.
5. Equipment Shelters
Equipment shelters, cabinets, back-up generators, and other associated equipment shall be architectural
compatible with the main building, structure and/or surroundings and shall be fully screened from view
from surrounding properties, public right-of-way and other vantage points. These facilities shall be
located within an existing building or underground whenever technically possible. If these facilities
are place above ground screening is required pursuant to subsection B.1.4 of this section.
6. Rooftop and Facade Mounted Structures
The design of rooftop and facade mounted wireless telecommunications facilities shall be
architecturally integrated and positioned in a visually unobtrusive manner and follow the stealth design
criteria described in subsection C.1 of this section. To the extent possible, these facilities should not
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 9
be located on the most prominent facade of a building and should be located as far as possible from the
buildings edge such that it would block or impede a pedestrians line of sight.
7. Lighting
Wireless telecommunications towers, monopoles or antennas shall not be artificially lit unless required
by some other applicable authority such as the Federal Aviation Administration. If lighting is required
it shall be placed in the least intrusive manner with minimal disturbance to surrounding views.
SECTION IV. PERFORMANCE STANDARDS AND MAINTENANCE
A. Noise
All wireless telecommunications facilities must comply with adopted Town noise ordinance.
B. Interference
All wireless telecommunications facilities shall be operated in a manner which complies with the
Federal Communications Commission regulations for signal interference, including but not limited to
interference with other telecommunications facilities and household electronics.
C. Maintenance and Safety
All telecommunications facilities shall be reviewed by the Santa Clara County Fire Department, Town
of Los Gatos Monte Sereno Police Department and Parks and Public Works Department. Facilities will
be inspected by the Town's Building Inspection Department prior to final permit issuance for
compliance with approved plans and Uniform Building Code.
Telecommunications towers and antennas shall be designed to remain in operation during a disaster All
possible measures to protect against fire, flood, earthquake , or other natural disaster shall be made.
D. RF Emissions Monitoring
Aa aaati l of A bi-annual RF exposure report may shall be required by the decision making body. In
the event an increase over acceptable levels is detected, the applicant shall be responsible for
immediately making all necessary adjustments to comply with FCC standards; otherwise permit
revocation proceedings will commence.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 10
SECTION V. APPLICATION. PROCESS AND REQUIREMENTS
A. Pre -application
A pre -application conference between the applicant and Community Development Department staff
is stronerreeommended required for all first time fur all wireless telecommunications applicants . A
fee is established pursuant to the Towns Fee Schedule and must be paid prior to the meeting. The
purpose of the pre -application conference is to review appropriate site alternatives and design concepts
consistent with standards and guidelines set forth by this ordinance.
B. Comprehensive Service Network and Coverage Plan
Each applicant for a wireless telecommunications permit shall provide to the Town an inventory of all
its existing and proposed facilities within the Town, within the Town's sphere of influence and within
three (3) miles from the Town boundary. This plan shall include a shadow study overlaid on the
Town's General Plan Map identifying each antenna location (existing and proposed) and the area which
the facility covers. The plan shall include a description and methodology used to locate the proposed
facilities.
C. Site Alternatives Analysis
Where a stand alone facility, new tower, monopole or a facility proposed for location in a residential
land use area designated by the General Plan an Alternative Site Analysis must be prepared by the
applicant. Evidence shall be submitted to demonstrate that no existing tower, structure or alternative
technology or location can accommodate the applicants proposed site. This analysis shall include but
is not limited to the following:
a. No existing towers, structures or co -location facilities exist within the service coverage area for
the proposed antenna.
b. Existing towers, structures or co -locations do not have sufficient height to meet technical
requirements, or have sufficient strength to support proposed antenna or there is an over
proliferation of existing antennas on a site.
c. The proposed antenna would cause frequency interference with antenna on existing towers or
structures or the already existing antenna would cause interference with the applicant's
proposed antenna.
d. The applicant provides documentation that the other tower owners or owners of existing
structures were contacted in writing for purposes of pursuing possible co -location and/or lease
agreements.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 11
D. Administrative Land Use Permit
1. Approval
This approval will only be granted if all of the following are achieved by the applicant and pursuant to
the application being deemed complete by the Community Development Director:
a. The proposal meets all applicable "preferred sites" listed in Section III subsection A.1 of these
Standards.
b. The proposal presents no visual impact, is completely hidden from view from adjacent right-of-
way and surrounding residential property through screening or stealth design, is constructed
below a parapet line, or is fully screened and/or enclosed within an existing building
c. The proposal meets setback and height standards of the applicable zoning district and is
consistent with the Town's General Plan.
d. Proposals for utility cabinets containing wireless components shall be placed underground or
shielded from view as deemed appropriate by the Community Development Director.
Undergrounding of these facilities is required in a residential zone.
e. In the event of any other conflicting standards or guidelines adopted or used by the Town, the
Community Development Director may use his/her discretion and may require a Conditional
Use Permit.
2. Administrative Land Use Permit Application Requirements
All applications for an Administrative Land Use Permit shall contain the following:
a. A completed Administrative Land Use Permit Application
b. A preliminary title report for the property on which the facility is proposed
c. A completed project description that include:
(1) Number, size and location of proposed existing antennas and facilities.
(2) Height and dimensions of all proposed facilities.
(3)
Equipment and facility enclosure specifications including type, size, materials
and colors.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 12
f
(4) Colors and materials of antennas and supporting structures necessary to house
or hold the facility.
(5) A description and specifications of any required lighting.
(6) A description and specifications of proposed signage.
(7) A description of how and when the equipment will be accessed for inspection,
repair and removal.
(8) A description of the energy source and utility lines used to serve the facility.
(9) A description of any back-up power source(s).
(10) A statement of intent from wireless service provider stating intention to allow
co -location.
(11) Reference to any easements.
(12) A letter stating reasons for not co -locating.
(13) A description of the maintenance and accessability program for the proposed
facility.
(14) A site specific location map.
d. A site plan prepared on 24" x 36" paper with an 11" x 17" reduction that shall include the
following information:
(1) Location of all parcel lines.
(2) Location and names of adjacent streets proposed as access to the facility.
(3) Site topography of areas exceeding 5% slope with 5-foot contour intervals.
(4) Location of all existing buildings, structures, utility easements, driveways
parking areas, or other features which may effect the use of the property.
(5)
Distance from property line for proposed facilities and any other associated
improvement.
(6) Location of all proposed facilities and improvements necessary to install
facilities.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 13
(7)
Distance to the nearest adjacent structures on the north, south, east and west.
e. Fully dimensioned site and structure elevations 24" x 36" paper with an 11" x 17" reduction that
shall include the following information:
(1)
Fully dimensioned elevations and sections of all proposed facilities and any
existing structures, including buildings, for which it is proposed.
(2) Specifications on elevations of roof, wall, towers and antenna including
materials, colors and dimensions.
(3)
Fencing, air conditioning, other equipment boxes, and lighting as may be
applicable.
(4) Any existing roof top features such as vents, HVAC, chimneys, mechanical
equipment screening devices or rooms.
(5)
Height comparison to any nearby buildings, trees, or other applicable structures
and natural landforms that are part of the site's background and foreground
landscape.
f. A before and after photo simulation or rendering taken from key points as seen from the public
right-of-way or potentially impacted properties.
g-
A story pole or mock-up of the proposed facility.
h. Documentation verifying compliance with applicable FCC standards and requirements to
provide proposed services.
I. Town of Los Gatos business license.
j. Facility specifications and certification by an approved FDA professional that the proposed
equipment meets the FCC Radio Frequency (RF) emissions standards.
k. An administrative land use permit requires a ten (10) day "Intent to Approve" notice that is
mailed to all properties abutting the subject site.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 14
E. Conditional Use Permit
1. Approval
A Conditional Use Permit heard by the Planning Commission is required at the discretion of the
Community Development Director for any proposed project. A Conditional Use Permit is however
required when one of the following exists:
a. Proposed structures or building mounted antennas extending above the maximum allowed
height of the underlying zone or designated General Plan land use designation if applicable.
b. The proposed facility cannot be screened from residential arras property or public rights -of -way
as viewed from existing grade. This includes the antenna, above ground utility cabinets and any
antenna proposed to be mounted to the outside wall of a building.
c. Any new monopole or tower proposed for the facility.
d. Amateur radio antennas exceeding the height limit of the underlying zone.
e. Any telecommunications facility located within a residential zone.
f. The proposed facility cannot be co -located.
2. Conditional Use Permit Application Requirements
As required by Division 3 of the Town Zoning Regulations and as may be required for Administrative
Land Use Permits.
3. Town Council Authority
The Town Council retains the right to override these standards if it finds that deviation from these
standards is in the best interest of the Town and is compelled based on the public health, safety or
general welfare.
4. Amendments
The amendment of these Standards shall require the formal approval of the Town Council at a public
meeting.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 15
May 28, 2003
Los Gatos Town Council
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
OLE
MAY L 8 2003
OWN OF LOS GATOS
OFFICE OF TOWN CLERK
7.1
Re: June 2, 2003 Town Council review of Zoning Code Amendment A-02-3
Mayor Decker and Town Council Members:
On May 14, 2003, the Los Gatos Planning Commission held a Public Hearing to consider
amending the Town Code to include a Wireless Telecommunications Ordinance. After three
hours, which included public input and review and discussion by the Commission, the vote was
taken. The Planning Commission voted 6-1 to forward the Draft Ordinance and Draft Standards
to the Council.
I believe the May 14, 2003 Drafts, as developed and presented by Town Staff to the Planning
Commission, to be extremely inadequate. Therefore, my husband and I retained Kreines &
Kreines to evaluate, on a scale of 1 to 10, the Draft Ordinance, the Draft Standards, and the
Residents' Draft Ordinance Kreines & Kreines, Inc. is a wireless planning consulting firm who
have extensive experience in drafting ordinances that pertain to regulations of the wireless
industry. They do not work for wireless carriers, tower companies or their consultants.
For your review and consideration I am submitting Kreines & Kreines' evaluation consisting of
four pages of comments regarding each of the three Draft documents. The first page is their
email response on how they can further assist in writing an ordinance. The other three pages
(numbered 1, 2, and 3) are their comments in regards to the three Draft documents. Kreines &
Kreines stated in their comments that the Town Draft Ordinance "... has flaws that can result in
the Town losing a lawsuit", and they gave the Draft Standards document a "3" or "poor" rating.
In light of the evaluation prepared by Kreines & Kreines, please give serious consideration to
remanding Zoning Code Amendment A-02-3 back for a complete over -haul.
Respectfully submitted,
c
Luaille Weidman
215 Carlester Drive
Los Gatos, CA 95032
(408) 358-7348
Page 1 of 1
Lucille Weidman
From: Susan Kreines [wireless.update@worldnet.att.net]
Sent: Monday, May 26, 2003 7:39 AM
To: Iweidman@earthlink.net
Subject: Comments on ordinances
From:
Ted Kreines, AICP
Kreines & Kreines, Inc.
58 Paseo Mirasol
Tiburon, CA 94920
Phone: 415 435-9214
Fax: 415 435-1522
web site: www.planwireless.com
e-mail: mail@planwireless.com
To:
Lucille Weidman
215 Carlester Drive
Los Gatos, CA 95032
F
MAY 2 8 ?003
TOWN—" N OF LOS GATOS
OFFICE OF TOWN CLERK
Attached please find our very brief comments on our very brief review of the following documents:
• Draft Town of Los Gatos Draft Wireless Telecommunications Ordinance
• Draft Town of Los Gatos Standards for Wireless Telecommunications Facilities
• Residents' Draft Town of Los Gatos Wireless Telecommunications Ordinance
l-Ve have provided more than 25 fords on each document; hov ever, a thorough review of twill dorumenl and a
report on each document would be much more extensive.
b1 c may be able to further assist you %v lh the following:
J
• Writing; an ordinance that would bt' based on w hat the citizens ot the Town really want. That would not be
an improved version of the `iown's draft.
• .1 review and report on the PG&E application. Posed please find a ropy of a previous issue of
Plaint 1'ireles, that describes how we have helped citizens with reviews ot applications for personal wireless
service tai itities.
• .l wireless planning; workshop that would clarify all of the issues that have resulted in problems with the
above mentioned dot unlents, as ‘yell as important issues not raised herein.
• Preparation of a report on a comprehensive review of the above documents.
• .°lppearant.e at the second reading; of this ordinance before the Los Gatos Town Council to repeat these and
other c onl nlen tS.
{f ou plan to telephone for your ' .-hour discussion, 1 suggest that you e-mail a list of questions first or state all
our questions first in the telephone conversation. (}therw ise. ' : hour will not be nearly enough time.
Thant. \ir for retaining; Kreines & Kreines, Inc. for this proiect.
1 ish yoti ;;ood lucl. on your ettort.
5 27;?i)03
f
• "RI Emissions Monitoring" is fine for detection purposes. Onc.
exceedance of the I -CC Guidelines have been identified, there
the TO6A'n of Gatos can do to remedy the situation.
Again, the explanation of NIFR is incorrect. Nil?R standards have been
superceded and are now only part of the FCC Guidelines. NEIR means
"Non -Ionizing Electromagnetic Radiation. The only National Institute of
Environmental Research (referred to in the ordinance) that we can find is a
Korean organization. Its web site is located at
http://vier.go.kr/enghsh/english.htinl.
Rating: These standards are logically disorganized and insufficient in
addressing submittal standards and operations standards for personal
wireless service facilities. For example, the standards (and the
ordinance for that matter) purport to deal with "maintenance" Yet no
maintenance standards were found by Kreines & Kreines, Inc. We
would give this document a " or "poor" rating.
Residents' Draft Town of Los Gatos Wireless Telecommunications
Ordinance
This document is subject to many of the flaws and problems of the Town's two
documents, upon xvhich this draft was based. If the residents want to approach
this issue differently, they should begin from a different premise, such as
encouraging roof -mounts and discouraging any kind of "tower."
'Ihe additional standards, steps in the process and requirements of this draft are
good, although many such as "fall zone" and "drop zone" are esoteric to the
point of belaboring the issue and narrowing the audience that can understand
the ordinance to just a few.
File purpose of the Residents' Draft is unclear. The fact that it may be better
than the Town's ordinance or justly embodies standards in the same document
does not warrant building on the town Draft in order to claim a better
document. The residents have dignified the Town's standards, which are really
poor.
Rating: Overall, the Residents' Draft loses more than it gains by implying that
the I(nvn of Los Gatos is on the right track and all that the Town's
documents need is a little more polishing. Kreines & Kreines, Inc. gives
it a "5" for "fair."
( 1 t
Draft Town of Los Gatos Standards for Wireless Telecommunicat
Facilit ies
Kreines & Kreines, Inc. believes it is a mistake to have standards that stand
separate from the ordinance. This would allow the `Down to modify the
standards by resolution or even having a staff member edit the standards. On
the other hand, an ordinance can only be amended via a process defined and
regulated by the State of California.
The courts are full of examples where legal documents are declared invalid
when they invoke portions that have not been duly adopted. In attempting to
simplify the process, the Town may have set itself up for procedural challenge.
Other comments include the following:
• Most definitions are lacking clarity; e.g., "alternative tower structure."
Alternative to what? Is a rooftop an alternative to a tower? The concept is
ludicrous.
Perhaps an "Antenna Support Structure" is not an alternative, such as in
"we built this roof to support these antennas, even though the roof's real
function is to cover the building."
• "Microcelis" don't have "lines."
• Is a "Monopole" an "alternative tower structure," an "antenna support
structure," just a "tower" or something else deserving a classification?
• CoLIId a "Multi -use Tower" be a "Monopole" or an "Alternative Town
Structure" or is it an "Antenna Support Structure"?
These definitions are not thought out and organized in a meaningful way.
Further, when a reader examines the standards, the terms aren't used.
• 'l'v ing "minimum possible height" to "coverage" is nonsense. A personal
\v fireless service facility that is lying on the ground can provide "coverage."
All of Los Gatos is currently "covered" and it is not coverage that carriers
seek. They seek more capacity and bandwidth, which means personal
wireless service facilities will be closer to each other and shorter.
• Interference is not within the purview of local government. There have
been federal lawsuits on this issue.
n t
Draft Town of Los Gatos Draft Wireless Telecommunications Orc
• "Enhancing service" is not a viable public purpose. The carriers determine
what `,i is, not the ►wii of I Gatos.
• Co -location leads to bulkier sites and often to bootlegging (installation of
wireless facilities without permits and without paying taxes or fees).
• 'The rl own includes "telecommunications facilities," "-wireless
telecommunications facilities" and wireless communications facilities."
The distinction between these is not clear. Using these terms means that
the Town doesn't know what it is regulating. 'l'he correct term is "personal
wireless service facilities.
• The Telecommunications Act of 1996 is silent on non -personal wireless
service facilities. The Town should either cite it in reference to personal
wireless service facilities or avoid referring to the statute.
• "Applicability" is so broad that it includes garage door openers,
transponders, and telemetry. These things are not conducive to regulation.
• The ['CC does not have "radio frequency emission standards" but rather
"guidelines." At any rate, the Town of 1.os Gatos cannot enforce
Compliance with the FCC Guidelines.
• Kreines & Kreines, Inc. is not familiar with an Administrative Land Use
Permit process in the 'Town of Los Gatos. however, if the Community
Development Director does not base a denial on competent substantial
evidence, the Town of Los Gatos is at risk of losing a lawsuit over the denial
based on a violation of the provisions of the Telecommunications Act.
The entire section labeled "RF Emissions Monitoring" is poorly written and
incorrect.
NF1R means "Non-lonizing Electromagnetic Radiation." The only National
Institute of Environmental Research (referred to in the ordiance) that we
can find is a Korean organization. Its web site is located at
http://nier.go.kr/english/english.html.
Rating: A "6" for "pretty good," Since most communities have not shade
anywhere near the effort shown by the Town. Ho vever, the ordinance
has flaws that could result in the Town losing a lawsuit.
RESOLUTION 2003-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTING FEES FOR TELECOMMUNICATIONS FACILITIES AND ADOPTING
STANDARDS FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
WHEREAS, on June 2, 2003, the Town Council introduced a Telecommunications
Ordinance; and
WHEREAS, the Ordinance establishes standards for the location and design of wireless
telecommunications facilities; and
WHEREAS, fees need to be established for applications that qualify for administrative and
technical/peer review; and
WHEREAS, the proposed administrative fees are based on information obtained from
neighboring communities that have an administrative review process for telecommunications
facilities; and
WHEREAS, the Town's goal is full cost recovery for processing of development
applications;
THEREFORE, BE IT RESOLVED: The Town Council hereby amends the Town Fee
Schedule adopted pursuant to Resolution as follows:
1. Zoning Approvals
(R) Peer/Technical Review: $1,500.00 deposit (any remaining deposit will be refunded to the
applicant and amounts exceeding the deposit amount will be paid by the applicant).
1. Administrative charge of 10% of actual cost.
(S) Major telecommunications facility administrative applications: $1200.00.
(T) Minor telecommunications facility administrative applications (i.e. microcell, 80211b or
equivalent): $100.00
Pre -application conference fee: $100.00
FURTHER RESOLVED: The Town Council hereby adopts the Standards for Wireless
Telecommunications Facilities attached hereto as Exhibit A
Attachment 1
FURTHER RESOLVED: That no changes or amendments to the adopted Standards shall
occur unless approved by the Town Council at a public meeting.
FURTHER RESOLVED: The amendment to the Fee Schedule shall take effect 60 days
from the date of adoption and the Standards for Wireless Telecommunications Facilities are effective
immediately.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16th day of June, 2003 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
/s/
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOSITelecomFees. wpd
1
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
1. I am over the age of 18 years, not a party to this action, and am employed in the County of Santa
Clara at 110 E. Main Street, Los Gatos, California, 95030.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing
of correspondence for mailing with the United States Postal Service and that correspondence is deposited
with the United States Postal Service that same day in the ordinary course of business.
3. On June 19, 2003 I mailed at Los Gatos, California a true copy of Town Council
Ordinance 2113 and Town Resolution 2003-74 relating to amending Town Code, Division 3 of Article
II, Chapter 2, regarding Wireless Telecommunications Facilities to the following:
Ken Cannizzaro, 1070 Arastradero Rd., #300 Palo Alto, CA 94304
Donna Carson, 283 Longridge Rod., Los Gatos, CA 95032
Laura Crowe & Tim Boyd, 120 Lester Lane, Los Gatos, CA 95032
Ray Davis, P.O. Box 625, Los Gatos, CA 95031
Gregory Hardman, 149 Holly Crest Drive, Los Gatos, CA 95032
Egon Jensen, 182 Lester Lane, Los Gatos, CA 95032
Casey, Jeff & Marianne Larson, 146 Lester Lane, Los Gatos, CA 95032
Larry Paulding, 297 Carlton Way, Los Gatos, CA 95032
Steve Richard, PG&E, 125 Milmar Way, Los Gatos, CA 95032
Luke Stamos, 2216 The Alameda, Santa Clara, CA 95050
John Tice, 420 Alberto Way #40, Los Gatos, CA 95032
Barara Trese, 147 Lester Lane, Los Gatos, CA 95032
Sam & Lucille Weidman, 215 Carlester Drive, Los Gatos, CA 95032
Victoria Willcox, AT&T Wireless Comm., 119 Ash Grove Court, San Jose, CA 95123
Richard Zai, 106 Lester Lane, Los Gatos, CA 95032
4. I declare under penalty of perjury that the foregoing is true and correct and that this declaration
was
executed on June 19, 2003.
/s/ MarLyn J. Rasmusse
MarL 7n J. s en, CMC
Executive Assistant/Senior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
CC: Bud Lortz. Director of Community Development
c:Apn.,1
RESOLUTION 2003- 74
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTING FEES FOR TELECOMMUNICATIONS FACILITIES AND ADOPTING
STANDARDS FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
WHEREAS, on June 2, 2003, the Town Council introduced a Telecommunications
Ordinance; and
WHEREAS, the Ordinance establishes standards for the location and design of wireless
telecommunications facilities; and
WHEREAS, fees need to be established for applications that qualify for administrative and
technical/peer review; and
WHEREAS, the proposed administrative fees are based on information obtained from
neighboring communities that have an administrative review process for telecommunications
facilities; and
WHEREAS, the Town's goal is full cost recovery for processing of development
applications;
THEREFORE, BE IT RESOLVED: The Town Council hereby amends the Town Fee
Schedule adopted pursuant to Resolution as follows:
1. Zoning Approvals
(R) Peer/Technical Review: $1,500.00 deposit (any remaining deposit will be refunded to the
applicant and amounts exceeding the deposit amount will be paid by the applicant).
1. Administrative charge of 10% of actual cost.
(S) Major telecommunications facility administrative applications: $1200.00.
(T) Minor telecommunications facility administrative applications (i.e. microcell, 80211 b or
equivalent): $100.00
Pre -application conference fee: $100.00
FURTHER RESOLVED: The Town Council hereby adopts the Standards for Wireless
Telecommunications Facilities attached hereto as Exhibit A
FURTHER RESOLVED: That no changes or amendments to the adopted Standards shall
occur unless approved by the Town Council at a public meeting.
FURTHER RESOLVED: The amendment to the Fee Schedule shall take effect 60 days
from the date of adoption and the Standards for Wireless Telecommunications Facilities are effective
immediately.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16th day of June, 2003 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:/s/ Sandy Decker
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
TOWN CLERK OF THE TOWN OF LOS GATOS
• LOS GATOS, CALIFORNIA
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
SECTION I. PURPOSE AND APPLICABILITY
The purpose of these Standards is to implement the Town's Wireless Telecommunications
Ordinance. The standards established are for the purpose of providing a uniform set of standards
for the orderly development of personnel wireless telecommunications facilities consistent with
federal standards and with the objectives of the Town as set forth in the General Plan and Town
Code. Standards and procedures found herein shall apply to all applicable wireless
telecommunications facilities as set forth in the adopted ordinance.
SECTION II. DEFINITIONS
Alternative Tower Structure: man-made clock towers, bell steeples, light poles, and similar
alternative -design mounting structures that camouflage or conceal the presence of antennas or
towers.
Ancillary equipment: support or mechanical equipment used in the operation of wireless
telecommunication facilities.
Antenna: any exterior transmitting or receiving device mounted on a tower, building or
structure and used in communications that radiate or capture electromagnetic waves, digital
signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Antenna Array: Two or more devices used for the transmission or reception of radio frequency
signals, microwave or other signals for commercial communications purposes.
Antenna Support Structure: any building or other structure other than a Tower which can be
used for location of Wireless Telecommunications Facilities.
Camouflage: the use of shape, color and texture to cause an object to appear to become a part of
something else, usually a structure, such as a building, wall or roof. Camouflage does not mean
"invisible", but rather "appearing as part or exactly like the structure used as a mount".
Co -location: the use of a wireless telecommunications facility, or tower or location, by more
than one wireless telecommunications provider.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 1
Decision Making Body: May be either the Community Development Director, Planning
Commission or Town Council.
Directional Antenna (panel antenna):
Equipment Shelter or Enclosure: a structure, shelter, cabinet, box or vault designed for and
used to house and protect the electronic equipment necessary and/or desirable for processing
wireless communication signals and data, including any provisions for mechanical cooling
equipment, air conditioning, ventilation, or auxiliary electric generators.
Facade Mounted Antenna: An antenna which is directly attached or affixed to the elevation of a
building, tank, tower, or other structure.
FCC: the Federal Communications Commission and any legally appointed, designated or elected
agent or successor.
Guyed Tower: a vertical support structure which is usually over 100 feet tall, which consists of
metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.
Height: the vertical distance measured from pre-existing ground level to the highest point on the
PWS facility, including, but not limited to the antenna or antenna array and base pad.
Lattice Tower: a wireless communication support structure that consists of metal crossed strips,
bars, or braces, forming a tower which may have three, four, or more sides;
Licensed carrier: any person, firm or entity licensed by the FCC to provide Personal Wireless
Services and which is in the business of providing the same.
Microcell: IEEE 8021 lb industry standard Wireless LAN specification or similar. This also defined
as a minor telecommunications facility.
Monopole: a vertical support structure, consisting of a single vertical metal, concrete or wooden
pole, typically round or square, and driven into the ground or attached to a foundation;.
Mount: any mounting device or bracket which is used to attach an antenna or antenna array to a
street pole, building, structure, tower or monopole.
Multi -use Tower: means a self supporting lattice, guyed or monopole structure constructed from
grade which supports more than one Wireless Telecommunications Facility.
Panel Antenna: a directional antenna designed to transmit and/or receive signals in a directional
pattern which is less than 360 degrees, typically an arc of approximately 120 degrees/
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 2
Personal Wireless Services (PWS): any of the technologies as defined by Section 704(a)(7)(c)(I)
of the Federal Telecommunications Act of 1996, including, Cellular, PCS, Enhanced Specialized
Mobile Radio (ESMR), Specialized Mobile Radio (SMR), and Paging;
Pre-existing Towers and Pre-existing Antennas: any tower or antenna for which a building permit
or special use permit has been properly issued prior to the effective date of this ordinance, including
permitted towers or antennas that have not yet been constructed so long as such approval is current
and not expired;
Stealthing: methods use in the camouflaging or concealing of antennas at their sites.
Tower: any structure that is designed and constructed primarily for the purpose of supporting one
or more antennas for telephone, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common -carrier towers, wireless telecommunications
towers, alternative tower structures, and the like. The term includes the structure and any support
thereto.
Viewshed: the off site area surrounding a Wireless Telecommunications Facility or Antenna Support
Structure, within which the Facility or Structure is visible.
Wireless Telecommunications Facilities: any cables, wires, lines, wave guides, antennas,
microwave dishes and any other equipment or facilities associated with the transmission or reception
of communications as authorized by the FCC which an entity seeks to locate or has installed upon
a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities
shall not include:
• Any satellite earth station antenna two meters in diameter or less which are located in an area
zoned industrial or commercial;
• Any satellite earth station antenna one meter or less in diameter, regardless of zoning
category
• Antennas used by amateur radio operators.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 3
SECTION III. LOCATION, DEVELOPMENT AND DESIGN
Unless otherwise specifically described by the adopted Wireless Telecommunications Ordinance and
these standards, the following development requirements shall apply to all telecommunications
facilities located within the Town:
A. Location Standards
The location of wireless telecommunications facilities in a residential zone is discouraged and not a
preference Location of wireless telecommunications facilities are encouraged in all non-residential
zones. Wireless facilities cannot be located on a single-family zoned property if developed with a
principal permitted use.
Any application that proposes the location of a wireless telecommunications facility in a residential
zone, must provide a site alternatives analysis prepared to the satisfaction of the deciding body. This
alternatives analysis must demonstrate that it is not technologically feasible to locate the facility in
a non-residential zone or would be prohibitive to the objective of providing full coverage to the Town.
If no other site is determined viable other than within the proposed residential zone, then the facility
requires approval of a Conditional Use Permit and may not be approved under the Administrative
Land Use Permit under Section V.D. of these Standards.
1. Location Preferences
Wireless telecommunications facilities shall generally be located on properties with the following
preference in order of priority. Preferences a. and b. as listed below do not require a site alternatives
analysis:
a. Co -located on an existing telecommunications structure or on a building roof or facade
already containing approved antennas, often broadcasting at different frequencies and
operated by different providers.
b. On existing buildings or structures provided it is positioned strategically and not visible from
the public right -of way or residentially designated property pursuant to the Town's adopted
General Plan; and is designed to fully mitigate its visual impacts consistent with these
standards.
c. Town owned properties and other public or quasi -public facilities, such as fire stations,
schools, or churches.
d. Poles in the public right-of-way or in a public easement including but not limited to PG&E
towers or other communications towers, light poles, or existing flag poles.
e. Commercially zoned properties.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 4
f. Any non -designated residential land use adopted in the General Plan.
2. Hillside Locations
Wireless telecommunications facilities may be located in hillside areas as necessary to maintain the
Town's objective of providing full service coverage. If siting any facility within the Town's hillsides
is deemed necessary through preparation of a Site Alternatives Analysis, then the following criteria
shall be implemented:
a. Antennas, support structures and equipment are not visible from any of the adopted viewing
platforms as defined in the Town's Hillside Development Standards and Guidelines.
b. Hillside locations must reduce the number of other antennas, monopoles, towers and
equipment that would otherwise be necessary to provide service. Reduction of facilities by
a hillside location does not however assume that it will be the preferred location as identified
in subsection A.1 Location Standards of this Section.
c. Any facility must blend with the natural topography, natural vegetation and be camouflaged
such that it renders the equipment virtually invisible at all times of the year.
d. No facility may extend above any designated ridge line as adopted in the Town's Hillside
Development Standards and Guidelines.
3. Minimum Distance of Antenna and Facilities
The minimum distance between wireless antennas (with the exception of microcell- antenna's) and
related facilities shall be a radius of three (3) miles per wireless telecommunications service provider.
If this is not technically feasible, it should be so documented in the Site Alternatives Analysis
required as part of the permit application process.
B. Development Standards
All telecommunications facilities shall be subject to the following general development standards:
1. Co -Location
Wireless telecommunications facilities are encouraged to co -locate with other wireless service
providers wherever technically and operationally feasible. Co -location of facilities are subject to the
following standards:
a. It is in compliance with FCC standards for RF emissions.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 5
b. It reduces visual impacts.
c. It is structurally and technically feasible to co -locate.
d. Any proposal that does not involve co -location is required to provide a letter stating the
reason(s) for not co -locating the facility which shall be submitted with the project application
as prescribed under Section V (D) and (E) of these standards. At the discretion of the
Community Development Director, a Site Alternatives Analysis may be required as further
evidence for not co -locating a proposed facility.
2. Signage
All wireless telecommunications facilities shall provide identification either by sign, sticker or
placard that includes the most current phone number and emergency contact information for the
wireless service provider. The sign information shall also include warnings and safety precautions
for people nearing the equipment as may be required by any applicable FCC adopted standards
including RF symbols identified in ANSI C95.2-1982.
The design, size, materials and colors of any sign and/or identification mechanism shall be to the
satisfaction of the Community Development Director and may require a separate sign application.
Advertising signs or logos shall not be placed on any wireless telecommunications facility except for
those provided by the manufacturer required for warning and/or certification seals and stamps.
3. Structural Standards
All wireless telecommunications facilities shall at all times comply with applicable requirements of
the Uniform Building Code in effect at the time the permit is issued. Upon reviewing the permit the
Community Development Director acting as the Town's Building Official shall require that the
facility be upgraded to meet current requirements if deemed necessary to protect the public health,
safety and welfare.
4. Screening and Landscaping
Wireless telecommunications facilities shall be installed in a manner that minimizes the impact to
existing vegetation. Any damage to desirable landscaping and/or vegetation shall be required to be
restored. As appropriate, landscaping shall be used to provide visual screening of the proposed
facility, related structures and equipment. Landscaping is not limited to just screening of mechanical
equipment.
Towers, monopoles and ground equipment shall be enclosed by a security fence of not less than six
(6) feet high and incorporate an anti -climbing device sufficient to protect from trespassing. Fence
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 6
material and design shall be compatible with the image and aesthetics of the surrounding area and/or
residential area and in no case is barbed wire or similar material allowed. Chainlink fencing is not
appropriate unless it is entirely screened and maintained with approved landscaping.
Ground equipment located in a residential zone shall be placed underground unless in rare situations
the physical constraints of the site make this infeasible or create grading impacts or an impact on
surrounding trees. The undergrounding of equipment boxes may be required to fully mitigate for its
visual impacts in any non-residential zone. Undergrounding of equipment is not required in a non-
residential zone if the equipment is placed inside a primary building, on a building rooftop screened
behind a parapet or mechanical equipment screening, or behind approved fencing in combination with
approved and maintained landscaping.
5. Height
Wireless telecommunications facilities should be located to the minimum possible height based on
technical requirements of proposed antenna frequency and in consideration of the Town's objective
to provide full service coverage. Height requirements and how height is measured shall comply with
the definition found in the Town Code as well as with the following:
a. The height of facade mounted antennas shall conform to the same height of the existing
facade or parapet. If additional height is necessary to reach intended service area, the facility
shall be roof mounted, constructed at the lowest possible height and screened to minimize
visual impact.
b. Roof mounted antennas shall not extend above a height to setback ratio of 1:1. The setback
distance shall be measured from the closest edge of the roof to the antenna location. In any
event, the antenna should not exceed a height of 10 feet above the existing roof and in no
instance exceed the height limit of the underlying zone unless it complies with provision (e)
of this subsection.
c. Maximum height of monopoles shall be designed at the minimum functional height
requirement as described herein. The height of the monopoles shall not exceed the maximum
height as allowed by the underlying zone.
d. Any antenna or facility that exceeds the height of the building which it is located shall be
reviewed for visual impacts on the surrounding area.
e. Any underlying height limit may be exceeded if the deciding body determines that the height
of the antenna will satisfy the service coverage needs of multiple other antennas. In any case
where the height of the underlying zone is exceeded a Conditional Use Permit is required.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 7
6. Setbacks
All ground mounted wireless telecommunication facilities shall meet the applicable setback
requirements of the underlying zone. The decision making body may require that new facilities
provide an additional foot of setback for each foot in height it extends beyond the required front yard
setback. For example, if a new 35 feet tall telecommunications tower is proposed in the Office (0)
zone, it would require a 35 feet front yard setback instead of the typical 25 feet allowed by the Town's
zoning regulations. Any wireless facility within 50 feet of a residential property line requires a
Conditional Use Permit unless it is determined by the Community Development Director that a safety,
noise or visibility issue does not exist. Visibility issue is defined as facilities that are visible from any
residential property or public right-of-way as viewed from existing grade.
The Public Works Director and Community Development Director shall be responsible for
determining, on a project by project basis, the minimum setback required for utility cabinets proposed
within the public right-of-way.
7. Public Right -of -Way
No portion of any wireless telecommunications facility may extend over the sidewalk, street or other
public right-of-way whether ground mounted or building mounted without an encroachment permit.
Antennas and related equipment mounted on street -light poles, traffic signals, and existing telephone
poles are subject to the Parks and Public Works approval of an encroachment permit and compliance
with the provisions of the Wireless Telecommunications Ordinance and the guidelines and standards
found herein.
Any use of Town facilities within the public right-of-way are subject to the consummation of a lease
between the Town and the wireless service provider. Underground cables, conduits or wiring
proposed within the Town right of way shall be subject to a franchise agreement consistent with
requirements of the Town Code.
The under -grounding of equipment boxes within the public right-of-way shall be required to fully
mitigate for its visual impacts unless the physical constraints of the site make this infeasible or create
grading impacts or an impact on surrounding trees. Any visual impact mitigation measure shall be
provided to the satisfaction of the Community Development Director and Director of Parks and
Public Works.
C. Design Standards
All telecommunications facilities shall be subject to the following design standards:
1. Stealth Design
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 8
Wireless telecommunications antennas, related facilities and structures shall incorporate architectural
treatments and advanced industry screening techniques to mitigate its visual impacts. Appropriate and
innovative design solutions, stealth design and locations that blend with the natural environment are
encouraged. These include locating facilities on the inside of a building parapet, flagpole, light pole or
spire or other architectural feature of an existing building. These techniques are highly encouraged and
may be required where there is high visibility of the antenna and/or other screening potential of the site
is low. The use of artificial trees, rocks or any other artificial technique used as disguise of natural
features is strongly discouraged.
2. Co -Location
Wireless telecommunications antennas, related structures and facilities are encouraged for co -location
especially on existing facilities as described in this subsection B.1 . Design of co -located antennas and
related facilities shall maintain an aesthetically pleasing appearance. Co -location shall avoid the over
proliferation of antennas such that antennas are not placed too close together without visual mitigation.
3. Colors and Materials
Wireless telecommunications antennas, structures and related facilities shall have a non -reflective finish
and whenever technically feasible, shall be textured to match the existing support structure or building
and/or be painted to blend with the predominant background.
4. Scale and Architecture Integration
Any building mounted wireless telecommunications antennas, structures and related facilities shall
follow the scale and architectural style of the building which it is located and shall be designed and
located to blend with the existing natural and built environment.
The decision making body shall require special design features to be incorporated into the facility to
maintain design and character of the area.
5. Equipment Shelters
Equipment shelters, cabinets, back-up generators, and other associated equipment shall be architectural
compatible with the main building, structure and/or surroundings and shall be fully screened from view
from surrounding properties, public right-of-way and other vantage points. These facilities shall be
located within an existing building or underground whenever technically possible. If these facilities
are place above ground screening is required pursuant to subsection B.1.4 of this section.
6. Rooftop and Facade Mounted Structures
The design of rooftop and facade mounted wireless telecommunications facilities shall be
architecturally integrated and positioned in a visually unobtrusive manner and follow the stealth design
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 9
n
criteria described in subsection C.1 of this section. To the extent possible, these facilities should not
be located on the most prominent facade of a building and should be located as far as possible from the
buildings edge such that it would block or impede a pedestrians line of sight.
7. Lighting
Wireless telecommunications towers, monopoles or antennas shall not be artificially lit unless required
by some other applicable authority such as the Federal Aviation Administration. If lighting is required
it shall be placed in the least intrusive manner with minimal disturbance to surrounding views.
SECTION IV. PERFORMANCE STANDARDS AND MAINTENANCE
A. Noise
All wireless telecommunications facilities must comply with adopted Town noise ordinance.
B. Interference
All wireless telecommunications facilities shall be operated in a manner which complies with the
Federal Communications Commission regulations for signal interference, including but not limited to
interference with other telecommunications facilities and household electronics.
C. Maintenance and Safety
All telecommunications facilities shall be reviewed by the Santa Clara County Fire Department, Town
of Los Gatos Monte Sereno Police Department and Parks and Public Works Department. Facilities will
be inspected by the Town's Building Inspection Department prior to final permit issuance for
compliance with approved plans and Uniform Building Code.
Telecommunications towers and antennas shall be designed to remain in operation during a disaster All
possible measures to protect against fire, flood, earthquake , or other natural disaster shall be made.
D. RF Emissions Monitoring
A bi-annual RF exposure report shall be required by the decision making body. In the event an increase
over acceptable levels is detected, the applicant shall be responsible for immediately making all
necessary adjustments to comply with FCC standards; otherwise permit revocation proceedings will
commence.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 10
r--
SECTION V. APPLICATION, PROCESS AND REQUIREMENTS
A. Pre -application
A pre -application conference between the applicant and Community Development Department staff
is required for all first time wireless telecommunications applicants . A fee is established pursuant to
the Towns Fee Schedule and must be paid prior to the meeting. The purpose of the pre -application
conference is to review appropriate site alternatives and design concepts consistent with standards and
guidelines set forth by this ordinance.
B. Comprehensive Service Network and Coveraze Plan
Each applicant for a wireless telecommunications permit shall provide to the Town an inventory of all
its existing and proposed facilities within the Town, within the Town's sphere of influence and within
three (3) miles from the Town boundary. This plan shall include a shadow study overlaid on the
Town's General Plan Map identifying each antenna location (existing and proposed) and the area which
the facility covers. The plan shall include a description and methodology used to locate the proposed
facilities.
C. Site Alternatives Analysis
Where a stand alone facility, new tower, monopole or a facility is proposed for location in a residential
land use area designated by the General Plan an Alternative Site Analysis must be prepared by the
applicant. Evidence shall be submitted to demonstrate that no existing tower, structure or alternative
technology or location can accommodate the applicants proposed site. This analysis shall include but
is not limited to the following:
a. No existing towers, structures or co -location facilities exist within the service coverage area for
the proposed antenna.
b. Existing towers, structures or co -locations do not have sufficient height to meet technical
requirements, or have sufficient strength to support proposed antenna or there is an over
proliferation of existing antennas on a site.
c. The proposed antenna would cause frequency interference with antenna on existing towers or
structures or the already existing antenna would cause interference with the applicant's
proposed antenna.
d. The applicant provides documentation that the other tower owners or owners of existing
structures were contacted in writing for purposes of pursuing possible co -location and/or lease
agreements.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 11
D. Administrative Land Use Permit
1. Approval
This approval will only be granted if all of the following are achieved by the applicant and pursuant to
the application being deemed complete by the Community Development Director:
a. The proposal meets all applicable "preferred sites" listed in Section III subsection A.1 of these
Standards.
b. The proposal presents no visual impact, is completely hidden from view from adjacent right-of-
way and surrounding residential property through screening or stealth design, is constructed
below a parapet line, or is fully screened and/or enclosed within an existing building
c. The proposal meets setback and height standards of the applicable zoning district and is
consistent with the Town's General Plan.
d. Proposals for utility cabinets containing wireless components shall be placed underground or
shielded from view as deemed appropriate by the Community Development Director.
Undergrounding of these facilities is required in a residential zone.
e. In the event of any other conflicting standards or guidelines adopted or used by the Town, the
Community Development Director may use his/her discretion and may require a Conditional
Use Permit.
2. Administrative Land Use Permit Application Requirements
All applications for an Administrative Land Use Permit shall contain the following:
a. A completed Administrative Land Use Permit Application
b. A preliminary title report for the property on which the facility is proposed
c. A completed project description that include:
(1) Number, size and location of proposed existing antennas and facilities.
(2) Height and dimensions of all proposed facilities.
(3) Equipment and facility enclosure specifications including type, size, materials
and colors.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 12
l fl
(4) Colors and materials of antennas and supporting structures necessary to house
or hold the facility.
(5) A description and specifications of any required lighting.
(6) A description and specifications of proposed signage.
(7) A description of how and when the equipment will be accessed for inspection,
repair and removal.
(8) A description of the energy source and utility lines used to serve the facility.
(9) A description of any back-up power source(s).
(10) A statement of intent from wireless service provider stating intention to allow
co -location.
(11) Reference to any easements.
(12) A letter stating reasons for not co -locating.
(13) A description of the maintenance and accessability program for the proposed
facility.
(14) A site specific location map.
d. A site plan prepared on 24" x 36" paper with an 11" x 17" reduction that shall include the
following information:
(1) Location of all parcel lines.
(2) Location and names of adjacent streets proposed as access to the facility.
(3) Site topography of areas exceeding 5% slope with 5-foot contour intervals.
(4) Location of all existing buildings, structures, utility easements, driveways
parking areas, or other features which may effect the use of the property.
(5) Distance from property line for proposed facilities and any other associated
improvement.
(6) Location of all proposed facilities and improvements necessary to install
facilities.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 13
(7)
Distance to the nearest adjacent structures on the north, south, east and vest.
e. Fully dimensioned site and structure elevations 24" x 36" paper with an 11" x 17" reduction that
shall include the following information:
(1) Fully dimensioned elevations and sections of all proposed facilities and any
existing structures, including buildings, for which it is proposed.
(2) Specifications on elevations of roof, wall, towers and antenna including
materials, colors and dimensions.
(3)
Fencing, air conditioning, other equipment boxes, and lighting as may be
applicable.
(4) Any existing roof top features such as vents, HVAC, chimneys, mechanical
equipment screening devices or rooms.
(5) Height comparison to any nearby buildings, trees, or other applicable structures
and natural landforms that are part of the site's background and foreground
landscape.
f. A before and after photo simulation or rendering taken from key points as seen from the public
right-of-way or potentially impacted properties.
g.
A story pole or mock-up of the proposed facility.
h. Documentation verifying compliance with applicable FCC standards and requirements to
provide proposed services.
I. Town of Los Gatos business license.
j. Facility specifications and certification by an approved FDA professional that the proposed
equipment meets the FCC Radio Frequency (RF) emissions standards.
k. An administrative land use permit requires a ten (10) day "Intent to Approve" notice that is
mailed to all properties abutting the subject site.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 14
E. Conditional Use Permit
1. Approval
A Conditional Use Permit heard by the Planning Commission is required at the discretion of the
Community Development Director for any proposed project. A Conditional Use Permit is however
required when one of the following exists:
a. Any telecommunications facility located within a residential zone.
b. Proposed structures or building mounted antennas extending above the maximum allowed
height of the underlying zone or designated General Plan land use designation if applicable.
c. The proposed facility cannot be screened from residential property or public rights -of -way as
viewed from existing grade. This includes the antenna, above ground utility cabinets and any
antenna proposed to be mounted to the outside wall of a building.
d. Any new monopole or tower proposed for the facility.
e. Amateur radio antennas exceeding the height limit of the underlying zone.
f. The proposed facility cannot be co -located.
2. Conditional Use PermitApplication Requirements
As required by Division 3 of the Town Zoning Regulations and as may be required for Administrative
Land Use Permits.
3. Town Council Authority
The Town Council retains the right to override these standards if it finds that deviation from these
standards is in the best interest of the Town and is compelled based on the public health, safety or
general welfare.
4. Amendments
The amendment of these Standards shall require the formal approval of the Town Council at a public
meeting.
Town of Los Gatos
Standards for Wireless Telecommunications Facilities
Adopted June 16, 2003
Page 15
Town Council Minutes June 16, 2003
Redevelopment Agency Los Gatos, California
TELECOMMUNICATION FACILITIES/FEES & STANDARDS/RESOLUTION 2003-74 (09.38)
Mayor Decker stated that this was the time and place duly noted to consider adopting resolution setting
standards and fees for wireless telecommunication facilities.
Council Consensus:
The following amendments were discussed and acknowledged by Council.
Page 4
A. Location Standards: "The location of wireless telecommunications facilities in a residential zone is
discouraged and not a preference."
Page 4
A. Location Standards: "Any application that proposes the location of a wireless telecommunications
facility in a residential zone must provide a site alternative analysis prepared to the satisfaction of the
deciding body. This alternative analysis must demonstrate that it is not technologically feasible to
locate the facility in a non-residential zone, or that it would be prohibitive to the objective of providing
full coverage to the Town.
Page 4
1. Location Preferences (b): "....pursuant to the Town's adopted General Plan; and is designed to fully
mitigate its visual impacts "
Page 5
3. Minimum Distance of Antenna and Facilities: "The minimum distance between wireless antennas
with the exception of micro cell and related or equivalent facilities shall be a radius of three (3) mi les
per wireless telecommunications service provider."
Page 6
4. Screening and Landscaping: "Any damage to desirable landscaping and/or vegetation shall be
required to be restored."
Page 7
4. Screening and Landscaping: "Ground equipment located in a residential zone shall be placed
underground unless in rare situations the unique physical constraints of the site make this infeasible
or create grading impacts or an impact on surrounding trees."
Page 8
7. Public Right -of -Way: "No portion of any wireless telecommunications facility may extend over the
sidewalk, street or other public right-of-way whether ground mounted or building mounted without an
encroachment permit."
Page 11
C. Site Alternatives Analysis: 44 monopole or a facility is proposed for location in a
residential "
Page 15
E. Conditional Use Permit
1. Approval: Section (e) regarding residential zones should become Section (a) and the other items he
lettered accordingly.
Ray Davis spoke to a procedure for notification and appeal which he believes should be moved to the
approval section.
N;\Clk\:Marian's Files\Draf Minutes\MM061603
9
Town Council Minutes June 16, 2003
Redevelopment Agency Los Gatos, California
TELECOMMUNICATION FACILITIES/CONTINUED
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council adopt Resolution 2003-74 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING FEES FOR
TELECOMMUNICATIONS FACILITIES AND ADOPTING STANDARDS FOR WIRELESS
TELECOMMUNICATIONS FACILITIES, including amendments noted above. Carried
unanimously.
NO PARKING VEHICLES OVER 7' HIGH/SIGN LOCATIONS/RESOLUTION 2003-80 (15.34)
David Andris, representing South Bay Development and a building owner thanked Council for this
resolution to an on going parking problem. He thanked the committee that has worked with the Town
over the past 3 months.
Motion by Mr. Glickman, seconded by Mr. Wasserman, that Council adopt Resolution 2003-80
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE PLACEMENT
OF "NO PARKING VEHICLE OVER 7' HIGH" SIGNS ON LOCATIONS THROUGHOUT
THE TOWN. Carried unanimously.
PROJECT 0352/STREET REPAIR/RESURFACING/RESOLUTIONS 2003-82 & 2003-18RD (17.24)
Ray Davis spoke about repairing Carlton Court which is 40 years old and asked that it be moved up on
the street repair schedule.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council/Agency adopt Resolutions 2003-82
& 2003-18RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT
AGENCY OF THE TOWN OF LOS GATOS APPROVING THE PLANS AND
SPECIFICATIONS FOR- PROJECT 0352 - FISCAL YEAR 2003-2004 STREET REPAIR AND
RESURFACING PROGRAM AND AUTHORIZING STAFF TO ADVERTISE THE PROJECT
FOR BIDS. Carried unanimously.
WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE 2113 (21.38)
Mayor Decker stated that this was the time and place duly noted to consider adopting ordinance
regarding wireless telecommunication facilities.
Ray Davis gave his opinion of the process used to prepare and adopt this ordinance and corresponding
resolution concerning this subject
Council Comments and Consensus:
Page 2, Applicability: "These provisions shall apply to all varieties of external wireless
telecommunications facilities, "
Page 7, Section 29.20.217, Length of Permit Term: "The Town may also require that facilities and
antenna meet the most current technological industry standards."
Page 8, Section 29.20.220, Discontinuance of Use: It should be made clear in this section that the
company has 90 days to remove all equipment after it has come to the Town's attention that they have
discontinued their wireless service.
N:\CIk\Marian's Files\Draft Minutes\MM061603
10