Desk Item 31 Staff Report Consider Introducing and Adopting a Proposed Urgency Ordinance to Establish a Temporary Prohibition on Approval of Wireless Communication Facilitiesr
MEETING DATE: 7/1/02
ITEM NO. 31
DESK ITEM
COUNCIL AGENDA REPORT
DATE: July 1, 2002
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
SUBJECT: CONSIDER INTRODUCING AND ADOPTING A PROPOSED URGENCY
ORDINANCE TO ESTABLISH A TEMPORARY PROHIBITION ON
APPROVAL OF WIRELESS COMMUNICATION FACILITIES
The proposed urgency ordinance has been amended to add language reflecting issues raised
during the public discussions of this item, but not included in the first version of the proposed
ordinance. They include quality of service and public safety. The changes are reflected in a recital.
that was added at page one, in additional language regarding the Town's General Plan found in
the findings at subsection a. of section 2 on page two, and also in a riew subsection e. of section 2
of the findings, also found on page two.
Staff recommends that Council consider adopting this revised version of the proposed urgency
ordinance.
Attachment: Proposed Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPKLMB/wp[N:\ATY\Wireless.ORD.Desk.TCR.wpo]
Reviewed by: Town Manager Clerk Finance Community Development
Rev: 7/1/02 3:18 m • 5 J
Reformatted: 7/19/99 File# 301-05
ORDINANCE
AN URGENCY INTERIM ORDINANCE OF THE TOWN OF LOS GATOS
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
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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.
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 of the 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,
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
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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.
3. Term. This Ordinance shall be effective immediately and shall remain in effect forty-five (45) days
from the date of its adoption, 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.
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
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