Item 31 Staff Report Consider Introducing and Adopting a Proposed Urgency Ordinance to Establish a Temporary Prohibition on Approval of Wireless Communication FacilitiesCOUNCIL AGENDA REPORT
DATE: June 28, 2002
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGE
SUBJECT:
MEETING DATE: 07/01/02
ITEM NO.
1.
CONSIDER ADOPTING A PROPOSED URGENCY ORDINANCE TO
ESTABLISH A TEMPORARY PROHIBITION ON APPROVALS OF
WIRELESS COMMUNICATION FACILITIES.
RECOMMENDATION:
a. Direct the Clerk to read title.
b. Waive the reading.
c. Move to introduce and adopt the Urgency Ordinance (four votes necessary).
d. Instruct the Clerk to publish the urgency ordinance within 15 days after adoption.
BACKGROUND:
Government Code section 65858 authorizes a municipality to adopt, as an urgency measure, an
interim ordinance prohibiting certain uses which may be in conflict with the general plan, specific
plan or zoning ordinance which a jurisdiction is considering, without following the procedures
otherwise required for the adoption of a zoning ordinance. Before adopting or 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. Such an ordinance requires a four -fifths vote of the Town Council for adoption and
is effective for 45 days. The urgency ordinance may be extended after notice and public hearing.
Urgency ordinances are limited by statute to a two-year period. As required by Government Code,
ten days prior to the expiration of the ordinance, Council must issue a written report describing the
measures taken to alleviate the condition that led to the adoption of the ordinance.
(Continued on Page 2)
PREPARED BY: BUD N. LOR
DIRECTOR OF MMUNITY DEVELOPMENT
Reviewed by: V5 3 Assistant Town Manager CV/Attorney Clerk 'Finance
L Community Development Revised: 6/28/02 4:03 pm
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT:
June 28, 2002
DISCUSSION:
On June 3, 2002, Town Council directed staff to prepare an urgency ordinance to temporarily
prohibit the approval of applications for new wireless communication facilities in order to allow staff
sufficient time to prepare development standards for such facilities. This direction came after
Council considered public testimony from citizens who were concerned with the proliferation of
wireless communication facilities throughout the Town. There are currently no Town Code
requirements or policies which govern the action on applications for wireless communication
facilities. The adoption of the urgency ordinance would allow staff time to develop a
recommendation for a comprehensive set of standards for the orderly development for these
facilities. The standards will help minimize the adverse visual impacts and operational effects of
these facilities, by requiring appropriate design, siting and screening techniques.
Four Conditional Use Permit applications for wireless communication facilities are currently
pending. One application is on appeal to Town Council, two were scheduled for public hearing by
the Planning Commission, but have been put on hold, and the fourth one is scheduled for a hearing
for denial due to lack of progress.
Pending applications that have not yet been decided must be processed and acted on within the time
permitted under the Permit Streamlining Act, plus any extensions allowed thereunder. The only
action allowed under a moratorium, however, would be a denial. Current applicants may elect to
withdraw their applications for the time being, and reapply upon termination of the moratorium.
Fees should be waived on re -applications. Because the Lester Lane application is on appeal, it is
no longer subject to a deadline set by the Permit Streamlining Act. That application can be taken
off calendar and then noticed for a new hearing upon termination of the moratorium.
By adoption of the attached ordinance by a four -fifths vote, Council will be make all necessary
findings to implement an interim zoning ordinance on an urgency basis.
CONCLUSION:
To help mitigate neighborhood concerns and to ensure that future wireless communication facilities
are sensitively placed and designed, a set of standards need to be developed. Therefore, Council
should make the required findings and adopt the proposed urgency ordinance.
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)).
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT:
June 28, 2002
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, Metro PCS,,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.wpd
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, 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 3
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.
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. 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
Page 2 of 3
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
N: WTYIWIRELESS.URGENCY.GRD
Page 3 of 3
f
ORDINANCE 2101
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
Page 1 of 4
evaluate and make recommendations to the Planning Commission and the Town Council regarding
regulation of wireless communication facilities; and
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
Page 2 of 4
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 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.
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 1, 2002, and adopted by at least a four -fifths (4/5) vote of the Town Council as follows:
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
None
None
None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 4 of 4
Town Council Minutes July 1, 2002
Redevelopment Agency Los Gatos, California
PROPOSITION 12/PER CAPITA GRANT PROGRAM/RESOLUTION 2002-114 (21A.33)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-
114 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO ACCEPT $39,000 IN PER CAPITA GRANT PROGRAM UNDER
THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL
PROTECTION BOND ACT OF 2000 FOR THE CITY OF MONTE SERENO. Carried
unanimously.
PROPOSITION 12/ROBERTI Z'BERG-HARRIS PROGRAM/RESOLUTION 2002-115 (21B.33)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-
115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO ACCEPT $10,103 IN ROBERTI Z'BERG-HARRIS URBAN OPEN
SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS,
CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 FOR
THE CITY OF MONTE SERENO. Carried unanimously.
COUNTY WIDE BICYCLE AND PEDESTRIAN COMMITTEE/RESOLUTION 2002-116 (22.12)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-
116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING MARC
JENSEN TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
COUNTYWIDE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. Carried
unanimously.
WATERLINE CONSTRUCTION IN VASONA PARK (23.33)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council grant an easement to
San Jose Water Company for construction of a 24 inch water line within Vasona Park.
Carried unanimously.
SPORT COURT FENCING REGULATIONS/ORDINANCE 2100 (25.38)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Ordinance 2100
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE OF THE TOWN CODE REGARDING SECTION 29.40.025 AND 29.20.480.
Carried unanimously.
NORTH SANTA CRUZ STREETSCAPE/PROJECT 0108/PHASE I - SIDEWALKS (28.25)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council/Redevelopment Agency
reject all bids and direct staff to immediately readvertise the project. Carried
unanimously.
VERBAL COMMUNICATIONS (XX.28)
Public Interest:
Ray Davis, resident, noted that his personal statements to someone in the civic center had been
overheard and commented upon. He believes he can say whatever he pleases in a public facility
without receiving objection and comment from staff. He also expressed his personal opinion that
two Council Members may have a conflict of interest on a matter which they had voted on.
WIRELESS COMMUNICATIONS FACILITIES/URGENCY ORDINANCE 2101 (31.35)
Mayor Attaway stated that this was the time and place duly noted to consider adopting a proposed
Urgency Ordinance to establish a temporary prohibition on approvals of wireless communications
facilities.
N:\CLK\Council Minutes12002\M07-01-02.wpd
4
Town Council Minutes July 1, 2002
Redevelopment Agency Los Gatos, California
WIRELESS COMMUNICATIONS FACILITIES/URGENCY ORDINANCE/CONT.
The following people from the audience addressed this issue:
Larry Paulding, asked that the ordinance protect the residential neighborhoods against proliferation.
Bill Hirschman, supported passing the ordinance for protection to the neighborhoods.
Lucille Weidman, encouraged the adoption of the ordinance establishing guidelines for
telecommunications towers.
Jim Doss, requested studies and testing before telecommunications are allowed.
Ray Davis spoke against self serving commercial interests in establishing these sites.
John Tice rejected the moratorium and asked for more service for the cell phone use.
Sam Weidman supported the proposed ordinance.
Tim Boyd supported the moratorium.
No one else from the audience addressed this issue.
The Mayor stopped the public testimony and asked that the Clerk read the ordinance.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Mr. Blanton, seconded by Mr. Glickman, to waive the reading of the Proposed
Ordinance. Carried unanimously.
Motion by Mr. Glickman, seconded by Mr. Pirzynski, that Council introduce Proposed Ordinance
entitled, 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 unanimously.
HEARINGS
LESTER LANE/PG&E TOWER/WIRELESS TELECOMMUNICATIONS/APPEAL (32.35)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider a
decision of the Planning Commission denying installation of a wireless telecom facility on an existing
PG&E tower on property zoned R-1:8. Conditional Use Permit U-O 1-17. Property Location: Lester
Lane. Property Owner: PG&E. Applicant/Appellant: MetroPCS.
The following people from the audience spoke to this issue:
Lucille Weidman thanked Council and staff for the cooperation received while working on this
issue.
Jim Doss spoke appreciatively of the professional help from staff addressing concerns relative to the
urgency ordinance.
Ray Davis spoke of adjusting the wires on the tower in order to cut down on the magnetic readings.
Larry Paulding supported the efforts toward the urgency ordinance.
No one else from the audience addressed this issue.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council table this item until such time as
a telecommunications ordinance is adopted. Carried unanimously.
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