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ORDINANCE 581 AN URGENCY ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 7 (PUBLIC WORKS) OF THE LOS ALTOS HILLS MUNICIPAL CODE TO ADD CHAPTER 5 ESTABLISHING REGULATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS, this Ordinance is adopted as an urgency ordinance pursuant to Government Code Section 36937(b). The facts constituting the urgency are as follows: (1) The purpose of this Ordinance is to amend the Town's Municipal Code to provide uniform standards, regulations and permit requirements for the installation of wireless telecommunications facilities within the Town limits. (2) Providers within the wireless telecommunications industry have expressed interest in submitting applications, or have already submitted applications, for the installation of distributed antenna systems, also known as "small cell" wireless telecommunications facilities and other wireless telecommunications facilities in the Town's public rights-of-way and other areas. Other California cities have also received applications for small . cells and wireless telecommunications facilities. to be located within the public right-of-way. (3) Installation of small cell and other wireless telecommunications facilities within the public right-of-way can pose a threat to the public health, safety and welfare, including disturbance to the right-of-way through the installation and maintenance of wireless facilities; traffic and pedestrian safety hazards due to the unsafe location of wireless facilities; impacts to trees where proximity conflicts may require unnecessary trimming of branches or require removal of roots due to related undergrounding of equipment or connection lines; creation of visual and aesthetic blights and potential safety concerns arising from excessive size, heights, noise or lack of camouflaging of wireless facilities including the associated pedestals, meters, equipment and power generators; and the creation of unnecessary visual and aesthetic blight by failing to utilize alternative technologies or capitalizing on collocation opportunities. (4) * The Town currently does not .have any regulations in its Municipal Code relating to wireless telecommunications facilities. ' Its Municipal Code has not been updated to reflect current telecommunications trends or necessary legal requirements, or to address the unique issues that arise in connection. with wireless telecommunications facilities deployed in the public right-of-way. Thus, the Town has significantly limited ability to impose any requirements, if any, on the deployment and operation of wireless telecommunications facilities within the Town. (5) The Federal Telecommunications Act of 1996 preempts local regulations on wireless telecommunications facilities by forbidding municipalities fTom enacting any regulations that would prohibit, or have the effect of prohibiting, wireless telecommunication services. Ordinance 581 Page 1