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2003-074-Adopting Fees For Telecommunications Facilities And Adopting Standards For Wireless Telecommunications Facilities.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, 8021 lb 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 YORrOF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: 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 Telecommunicatidns 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 Page I Standards for Wireless Telecommunications Facilities Adopted June 16, 2003 Personal Wireless Services (PWS): any of the technologies as defined by Section 704(a)(7)(c)(I) of the Federal Telecoimunications 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 Page 3 Standards for Wireless Telecommunications Facilities Adopted June 16, 2003 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 requited as part of the permit application process. B. Development Standards All telecommunications facilities shall be subject to the following general development standards: I. 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 Page S Standards for Wireless Telecommunications Facilities Adopted June 16, 2003 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. 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. 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 page 7 Standards for Wireless Telecommunications Facilities Adopted June 16, 2003 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 Page 9 Standards for Wireless Telecommunications Facilities Adopted June 16, 2003 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 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 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 Page 11 Standards for Wireless Telecommunications Facilities Adopted June 1.6, 2003 (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. 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 Page 13 Standards for Wireless Telecommunications Facilities Adopted June 16, 2003 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. 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 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 Page 15 Standards for Wireless Telecommunications Facilities Adopted June 16, 2003