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RESOLUTION NO. 13-06 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING AN APPLICATION FOR A SITE DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR A WIRELESS AND EMERGENCY COMMUNICATIONS FACILITY (CONSISTING OF THREE PAIRS OF PANEL ANTENNAS AND FIVE EMERGENCY COMMUNICATIONS ANTENNAS MOUNTED ON A 70 -FOOT TALL ARTIFICIAL TREE POLE AND ASSOCIATED GROUND EQUIPMENT) AT TOWN HALL (26379 FREMONT ROAD) WHEREAS, on November 2, 2005, Cingular Wireless submitted an application to install a wireless and emergency communications facility ("the Antenna") on the Town Hall Property ("the Project"). The Antenna consists of three pairs of panel antennas and four emergency communications antennas mounted on 70 -foot tall artificial tree pole with associated ground equipment. WHEREAS, the Town prepared an Initial Study to evaluate the potential environmental impacts of the Project. Based on the Initial Study, the Town prepared a Mitigated Negative Declaration dated January 11, 2006 (attached as Exhibit A and incorporated herein by reference) and circulated it for public review from January 11, 2006 through January 31, 2006. WHEREAS, the Town received several letters commenting on the Project and the Mitigated Negative Declaration. Some of the comments indicated that the Mitigated Negative Declaration had failed to consider the "whole of an action," because the MND's analysis was limited to the environmental impacts of the proposed project and did not include any discussion of the applicant's master plan application. Although not required by CEQA, the Town has prepared the following written responses to those comments. 1. The Town's Wireless Communications Facilities Policy requires that: "Any applicant for a wireless communication facility site. shall submit applications, to the best of their knowledge, for all sites anticipated to be required by the carrier for a three (3) to five (5) year period, and the requests shall be reviewed by the Planning Commission and City Council as master plan applications." Cingular submitted a 3-5 year master plan application, and it has been reviewed by both the Planning Commission and the City Council in the context of their review of the Project. 2. A "project" under CEQA means the whole of an action which has the potential for resulting in either a direct physical change in the environment, or a