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Item 20 Staff Report Consider Adopting An Ordinance to Extend Ordinance 2101, an Urgency Ordinance for a Temporary Prohibition on Approvals of Wireless Communication FacilitiesCOUNCIL AGENDA REPORT DATE: July 11, 2002 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: MEETING DATE: 07/15/02 ITEM NO. a 0 CONSIDER ADOPTING AN ORDINANCE TO EXTEND ORDINANCE 2101, AN URGENCY ORDINANCE FORA TEMPORARY PROHIBITION ON APPROVALS OF WIRELESS COMMUNICATION FACILITIES. RECOMMENDATION: a. Open and hold the Public Hearing b. Close the Public Hearing c. Direct the Clerk to read title. d. Waive the reading. /G e Move to introduce and adopt the Urgency Ordinance extending Ordinance 2-1-07 (four votes necessary). f. Instruct the Clerk to publish the urgency ordinance within 15 days after adoption. BACKGROUND: On July 1, 2002, Town Council adopted Ordinance 2101 an Urgency Ordinance that established a temporary prohibition on approval of wireless communication facilities. The purpose of this ordinance was to allow staff sufficient time to prepare development standards for such wireless communication facilities. DISCUSSION: Pursuant to Government Code section 65858, urgency ordinances are only effective for 45 days, unless extended. Therefore, Ordinance 2101 will expire on August 15, 2002 and must be extended. Extensions are effective for ten months and 15 days. Before extending an urgency ordinance, Council must make a finding that there is a current and immediate threat to the public health, safety or welfare, or that the approval of additional development applications would result in such a threat. PREPARED BY: BUD N. LORT DIRECTOR 0 CO MUNITY DEVELOPMENT Reviewed by: Assistant Town Manager Attorney Clerk L� Finance Community Development Revised: 7/11/02 1 :00 am Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: URGENCY ORDINANCE ON APPROVALS OF WIRELESS COMMUNICATIONS FACILITIES July 11, 2002 Attachment 1, Urgency Ordinance, includes the findings under Section 2, that the Council must make for extending the time of the Ordinance. In summary these findings include: • Public Health, Safety and welfare is threatened if wireless communications facilities are approved during the term of the Urgency Ordinance based on: • Adopted General Plan policies regarding preservation of the Town's residential and commercial character • The need to have specific regulations addressing how wireless communications facilities in the Town will be accommodated. • Stated public concern regarding detrimental impacts on the community resulting from location, operational noise, lighting, maintenance activities, visibility and safety . • The need to consider the importance of quality coverage of wireless communication services throughout the Town and the attendant public safety benefits. Approval of applications for wireless telecommunications facilities may be in conflict with other Town regulations being considered and would, therefore, undermine the purpose of studying such future regulations and thereby reducing the quality of life within the community. On July 10, 2002, Town staff initiated the process to select a consultant to commence with preparation of a Telecommunications Ordinance. The extension of time to the Urgency Ordinance is required for staff to research, analyze, and prepare the ordinance. Preparation of an ordinance including required hearings and public noticing cannot be achieved by August 15, 2002. During the time which the Urgency Ordinance is extended, a Telecommunications Ordinance will be drafted and ultimately brought to the Council for consideration. It is recommended that the process of drafting the ordinance be coordinated through the General Plan Committee and include public as well wireless industry input. CONCLUSION: To help mitigate neighborhood concerns and to ensure that future wireless communication facilities are sensitively placed and designed, and are consistent with the General Plan, additional time is needed to develop a Telecommunications Ordinance. Therefore, Council should make the required findings and adopt the proposed urgency ordinance to extend Ordinance 2101. It is essential that Council extend the ordinance at the July 15, 2002 meeting since Ordinance 2101 will expire on August 15, 200. There are no Council meetings scheduled for the month of August to consider the extension. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: URGENCY ORDINANCE ON APPROVALS OF WIRELESS COMMUNICATIONS FACILITIES July 11, 2002 ENVIRONMENTAL ASSESSMENT: It has been determined that this project could not possibly have a significant effect on the environment therefore, the project is not subject to the California Environmental Quality Act (Section 15061(b)(3)). FISCAL IMPACT: Planning and technical consultant services will be required to assist in preparing the Telecommunications Facility Ordinance. It is anticipated that these consultant services will cost approximately $10,000 and funding will be from the Town Manager's Contingency Fund. Attachments: 1. Draft Urgency Ordinance. Distribution: AT&T Wireless Services, C/O Victoria Willcox, 651 Gateway Boulevard #1500, South San Francisco, CA 94080 Elizabeth Dodson and William Hirschman, Lexor Builders, 15585 Los Gatos Boulevard, Los Gatos, CA 95032 Karen McPherson, MetroPCS, 1080 Marina Village Parkway, Alameda, CA 94501 Cingular Wireless, c/o Ruth and Going Inc, Luke Stamos, 2216 The Alameda, Santa Clara, CA 95050 Pacific Gas and Electric Co., 77 Beale Street, Room B26L, San Francisco, CA 94105 Lucille Weidman, 215 Carlester Drive, Los Gatos, CA 95032 N:\DEV\CNCLRPTS\telecom.urg.ex.wpd ORDINANCE AN URGENCY INTERIM ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING ORDINANCE 2101 PROHIBITING THE APPROVAL OF APPLICATIONS FOR WIRELESS COMMUNICATIONS FACILITIES WHEREAS, Government Code §65858 allows a legislative body, without following the procedures otherwise required prior to the adoption of a zoning ordinance, to adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning proposal which the legislative body, planning commission or planning department is intending to study within a reasonable time; and WHEREAS, the Town's Zoning Ordinance does not have adequate procedures for addressing the new technologies of wireless communications facilities; and WHEREAS, numerous applications have been received by the Town for approval of new wireless communications facilities; and WHEREAS, concerns have been raised in the community regarding the potential detrimental operational impacts of wireless communications facilities, including, but not limited to, location, noise, maintenance, lighting, visibility and safety; and WHEREAS, concerns have also been expressed that decisions regarding wireless communications facilities should consider the importance of quality communications coverage throughout the Town and the attendant public safety benefits; and WHEREAS, the costs to the Town, if any, associated with monitoring the long term use of wireless communications facilities have not been analyzed and determined; and WHEREAS, absent comprehensive regulations, the Town is unable to ensure informed, consistent, uniform and fair decisions on applications for new wireless communications facilities; and WHEREAS, the Town Council has directed the Town Department of Community Development to evaluate and make recommendations to the Planning Commission and the Town Council regarding regulation of wireless communication facilities; and Attachment 1 Page 1 of 4 WHEREAS, approval of pending or new applications for wireless communications facilities during the time possible regulations are being studied could result in conflicts with any proposed regulations; and WHEREAS, on July 1, 2002, the Town Council, on an urgency basis pursuant to Government Code §65858, introduced and adopted Ordinance 2101 prohibiting approval of applications for wireless communications facilities in the Town; and WHEREAS, a public hearing on the extension of the period of the interim zoning established under Ordinance 2101was duly noticed for July 15, 2002, pursuant to Government Code §65090. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS: 1. Interim Ordinance. During the term of this Urgency Ordinance, no applications for permits for wireless communications facilities, either currently pending or received prior to the termination of this Ordinance, shall be approved by the Town. 2. Findings. There is a current and immediate threat to public health, safety and welfare if pending or new applications for wireless communications facilities are approved during the term of this Ordinance because of the following facts: a. The Town's General Plan emphasizes the preservation of the character of the Town's residential and commercial neighborhoods as well as the Town's natural features, environmentally sensitive resources and open space vistas, while also emphasizing the importance of ensuring a variety of goods and services, adequate infrastructure and a high level of public safety. b. The Town does not have specific existing regulations addressing how wireless communications facilities should be accommodated in the Town. c. An increasing number of wireless communications companies have been licensed or approved by the Federal Communications Commission and/or the Public Utilities Commission and have made inquiries about the Town's procedures or applications for the approval of permits for new wireless communications facilities. d. Members ofthe public have expressed an increasing concern that the approval of applications for wireless communications facilities will have a detrimental impact on the community resulting from their location, Page 2 of 4 operational noise, lighting, maintenance, visibility and safety. e. Concerns have also been expressed that decisions regarding wireless communications facilities should consider the importance of quality communications coverage throughout the Town and the attendant public safety benefits. f. Approval of applications for permits for wireless communications facilities may be in conflict with the regulations to be analyzed and adopted by the Town and would undermine the purpose of studying such regulation, thereby reducing the quality of life within the community to the extend the overall public health, safety and welfare are detrimentally affected. g. On July 1, 2002, the Town Council, on an urgency basis pursuant to Government Code §65858, introduced and adopted Ordinance 2101 prohibiting approval of applications for wireless communications facilities in the Town; and h. While Town staff has initiated the process to study and prepare recommended regulations for wireless communications facilities, the task will not be completed, nor can hearings before the Planning Commission or Town Council occur, prior to the expiration of Ordinance 2101 on August 15, 2002. 3. Term. This Ordinance shall be effective immediately and shall remain in effect for 10 months and 15 days from August 15, 2002, or until the Town Council chooses to repeal this Ordinance, whichever is earlier, unless extended pursuant to Government Code §65858. 4. Report. At least ten (10) days prior to expiration of this Ordinance, the Town Council shall issue a written report pursuant to Government Code §65858(d) describing the measures taken to alleviate the conditions which have led to the adoption of this Ordinance. 5. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations. 6. Posting. Within fifteen (15) days after its passage, the Town Clerk shall cause this Ordinance to be published one in a newspaper of general circulation published and circulated in the Town and posted in at least three (3) public places within the Town. Page 3 of 4 This Ordinance was passed and adopted at a regular meeting of the Town Council of the Town of Los Gatos on , 2002, and adopted by at least a four -fifths (4/5) vote of the Town Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C:\Documents and Settings\twilliams\Local Settings\Temp\Wireless.ORD2.wpd Page 4 of 4 ORDINANCE 2102 AN URGENCY INTERIM ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING ORDINANCE 2101 PROHIBITING THE APPROVAL OF APPLICATIONS FOR WIRELESS COMMUNICATIONS FACILITIES WHEREAS, Government Code §65858 allows a legislative body, without following the procedures otherwise required prior to the adoption of a zoning ordinance, to adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning proposal which the legislative body, planning commission or planning department is intending to study within a reasonable time; and WHEREAS, the Town's Zoning Ordinance does not have adequate procedures for addressing the new technologies of wireless communications facilities; and WHEREAS, numerous applications have been received by the Town for approval of new wireless communications facilities; and WHEREAS, concerns have been raised in the community regarding the potential detrimental operational impacts of wireless communications facilities, including, but not limited to, location, noise, maintenance, lighting, visibility and safety; and WHEREAS, concerns have also been expressed that decisions regarding wireless communications facilities should consider the importance of quality communications coverage throughout the Town and the attendant public safety benefits; and WHEREAS, the costs to the Town, if any, associated with monitoring the long term use of wireless communications facilities have not been analyzed and determined; and WHEREAS, absent comprehensive regulations, the Town is unable to ensure informed, consistent, uniform and fair decisions on applications for new wireless communications facilities; and WHEREAS, the Town Council has directed the Town Department of Community Development to evaluate and make recommendations to the Planning Commission and the Town Council regarding regulation of wireless communication facilities; and Page 1 of 4 f WHEREAS, approval of pending or new applications for wireless communications facilities during the time possible regulations are being studied could result in conflicts with any proposed regulations; and WHEREAS, on July 1, 2002, the Town Council, on an urgency basis pursuant to Government Code §65858, introduced and adopted Ordinance 2101 prohibiting approval of applications for wireless communications facilities in the Town; and WHEREAS, a public hearing on the extension of the period of the interim zoning established under Ordinance 2101was duly noticed for July 15, 2002, pursuant to Government Code §65090. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS: 1. Interim Ordinance. During the term of this Urgency Ordinance, no applications for permits for wireless communications facilities, either currently pending or received prior to the termination of this Ordinance, shall be approved by the Town. 2. Findings. There is a current and immediate threat to public health, safety and welfare if pending or new applications for wireless communications facilities are approved during the term of this Ordinance because of the following facts: a. The Town's General Plan emphasizes the preservation of the character of the Town's residential and commercial neighborhoods as well as the Town's natural features, environmentally sensitive resources and open space vistas, while also emphasizing the importance of ensuring a variety of goods and services, adequate infrastructure and a high level of public safety. b. The Town does not have specific existing regulations addressing how wireless communications facilities should be accommodated in the Town. c. An increasing number of wireless communications companies have been licensed or approved by the Federal Communications Commission and/or the Public Utilities Commission and have made inquiries about the Town's procedures or applications for the approval of permits for new wireless communications facilities. d. Members ofthe public have expressed an increasing concern that the approval of applications for wireless communications facilities will have a detrimental impact on the community resulting from their location, Page 2 of 4 operational noise, lighting, maintenance, visibility and safety. e. Concerns have also been expressed that decisions regarding wireless communications facilities should consider the importance of quality communications coverage throughout the Town and the attendant public safety benefits. f. Approval of applications for permits for wireless communications facilities may be in conflict with the regulations to be analyzed and adopted by the Town and would undermine the purpose of studying such regulation, thereby reducing the quality of life within the community to the extend the overall public health, safety and welfare are detrimentally affected. g. On July 1, 2002, the Town Council, on an urgency basis pursuant to Government Code §65858, introduced and adopted Ordinance 2101 prohibiting approval of applications for wireless communications facilities in the Town; and h. While Town staff has initiated the process to study and prepare recommended regulations for wireless communications facilities, the task will not be completed, nor can hearings before the Planning Commission or Town Council occur, prior to the expiration of Ordinance 2101 on August 15, 2002. 3. Term. This Ordinance shall be effective immediately and shall remain in effect for 10 months and 15 days from August 15, 2002, or until the Town Council chooses to repeal this Ordinance, whichever is earlier, unless extended pursuant to Government Code §65858. 4. Report. At least ten (10) days prior to expiration of this Ordinance, the Town Council shall issue a written report pursuant to Government Code §65858(d) describing the measures taken to alleviate the conditions which have led to the adoption of this Ordinance. 5. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations. 6. Posting. Within fifteen (15) days after its passage, the Town Clerk shall cause this Ordinance to be published one in a newspaper of general circulation published and circulated in the Town and posted in at least three (3) public places within the Town. Page 3 of 4 This Ordinance was passed and adopted at a regular meeting of the Town Council of the Town of Los Gatos on July 15, 2002, and adopted by at least a four -fifths (4/5) vote of the Town Council as follows: COUNCIL MEMBERS: AYES: Steven Blanton, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway NAYS: None ABSENT: Sandy Decker ABSTAIN: None SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 4 of 4 Town Council Minutes Redevelopment Agency July 15, 2002 Los Gatos, California VERBAL COMMUNICATIONS (XX.28) There was no one from the audience to address Council this evening under Verbal Communications. PUBLIC HEARINGS WIRELESS COMMUNICATIONS FACILITIES/URGENCY ORDINANCE 2102 (20.38) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider adopting an Urgency Ordinance to extend Urgency Ordinance 2101, an Urgency Ordinance for a temporary prohibition on approvals of wireless communications facilities. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mr. Glickman, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Decker absent. The Town Clerk read the Title of the Proposed Urgency Ordinance. Motion by Mr. Glickman, seconded ayes. by . Blanteckeron, to waive the reading of the Proposed Carried Ordinance. by a vote of4 MMotion by Mr. Glickman, seconded by Mr. Blanton, that Council introduce and adopt Proposed Urgency Ordinance 2102, (extending Ordinance 2101,) entitled, URGENCY INTERIM ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE APPROVAL OF APPLICATIONS FOR WIRELESS COMMUNICATIONS FACILITIES, as it appeared in a desk item before Council this evening. Carried by a vote of 4 ayes. Mrs. Decker absent. FARLEY ROAD 16920/LANDMARK HISTORIC PRESERVATION OVERLAY (21.15) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider a request for approval to remove the Landmark Historic Preservation (LHP) Overlay Zone from a newly created parcel fronting on Frank Avenue and to vacate a one (1) foot no access easement. Property location: 16920'Farley Road. Property Owner/Applicant: Ashok and Erin Chippa. Public Speaker: Katy Hess, spoke to the issue, concerning the home that will be built on this lot. Motion by Mr. Glickman, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Decker absent. Council Consensus that the zone change is consistent with the General Plan. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Blanton, seconded by Mr. Pirzynski, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mrs. Decker absent. Motion by Mr.Blanton, Pirzynski, LOS GATOScil RE -roduce Proposed ADOPTING THErTOWN dinance entitled, ORDINANCE OF THE TOWN ZONING MAP. Carried by a vote of 4 ayes. Mrs. Decker absent. 4 TC:D 13:MM071502