Ord 2101 - Urgency Interim Ordinance prohibiting the approval of applications for wireless communications facilitiesORDINANCE 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
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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
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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.
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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:
MAYOR fir HE TO
LOS GATOS, CALIFO
JeAfaxtt
CLERK OF THE TOWN OF MS GATOS
LOS GATOS, CALIFORNIA
F LOS GATOS
0
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