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ORDINANCE 587 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS REPEALING CHAPTER 5 (WIRELESS TELECOMMUNICATIONS FACILITIES) OF TITLE 7 (PUBLIC WORKS) OF THE LOS ALTOS HILLS MUNICIPAL CODE, AMENDING SECTION 10-1.202 (DEFINITION OF ANTENNA) AND ADDING ARTICLE 13 (WIRELESS TELECOMMUNICATIONS FACILITIES) TO CHAPTER 1 (ZONING) OF TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL CODE ESTABLISHING REGULATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS, technological developments and expanded usage in mobile telecommunication services have prompted wireless service providers to deploy various wireless telecommunication facilities, including towers, antennas, and "small cell" facilities in place of traditional macro towers and antennas; and WHEREAS, wireless carriers are using small cell technology to augment and improve their wireless services and coverage area; and WHEREAS, the Telecommunications Act of 1996 provides that local governments cannot enact regulations that would prohibit or effectively prohibit telecommunication services; and WHEREAS, the Federal Communications Commission recently issued a Declaratory Ruling and Third Report and Order ("FCC Order") on September 26, 2018, regarding small cell wireless facilities; and WHEREAS, the Order interprets the "effective prohibition" provisions under the Act and sets forth the various restrictions on the exercise of local aesthetic, zoning, public works, and fee restrictions when local governments review and regulate wireless telecommunications facilities deployment applications, including on Town -owned poles in the public right of way; and WHEREAS, the FCC Order requires that aesthetic requirements be (1) reasonable; (2) no more burdensome than those applied to other types of infrastructure deployments, and (3) objective and published in advance; and WHEREAS, California Public Utilities Code section 7901 authorizes wireless telecommunication service providers to construct facilities in the public right-of-way in a manner as to not "incommode" the public's use of the right of way; and WHEREAS, on the other hand, California Public Utilities Code Section 7901.1 confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, in an equally applied manner; and WHEREAS, the California Supreme Court recently in T -Mobile West LLC v. City and County of San Francisco (2019) (S238001) interpreted the term "incommode" to mean not only physical Ordinance 587 Page 1