HomeMy WebLinkAbout581ORDINANCE 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
(6) The Federal Communications Commission (FCC) has, in August 2018, interpreted
the federal preemption to generally prohibit local express moratoria and de facto moratoria on
wired and wireless telecommunications equipment, as such rules effectively suspend the review
and approval of permits and applications. Prohibited moratoria include local statutes, regulations,
or other written legal requirements that expressly or effectively prevent or suspend the acceptance,
processing, or approval 'of applications or permits necessary for deploying telecommunications
services and/or facilities.
(7) Similarly, section 7901 of the California Public Utilities Code authorizes telephone
and telegraph corporations, which have been judicially determined to include wireless
telecommunications companies, to construct their facilities and lines along and upon any public
road or highway; and to erect poles, ancillary equipment, and other necessary fixtures of their lines,
in such manner and at such points as not to incommode the public use of the road or highway or
interrupt the navigation of the waters,
(8) On the other hand, section 79:01.1 of the California Public Utilities Code confirms
the right of municipalities to exercise reasonable control as to the time, place, and manner in which,
roads, highways, and waterways are accessed, which control must be applied to all entities in an
equivalent manner and may involve the imposition of fees.
(9) The recent FCC Order dated September 26, 2018, further interprets provisions of
the Telecommunications Act of 1996 to restate the preemption that local governments cannot enact
ordinances and regulations that `.`prohibit" or "effectively prohibit" the provision of
telecommunication services. Consistent with this interpretation, the Order further provides that all
local jurisdictions must comply with various restrictions on the exercise of local aesthetic, zoning,
public works, and fee restrictions when dealing with wireless installation siting applications. The
Order became effective on January 14, 2019, and the FCC further stated that it expects local
governments to be able to implement design, aesthetics, and other development regulations that
are compliant with the Order by April 15, 2019.
(10) Pursuant to FCC regulations, the Town cannot adopt a moratorium ordinance to toll
the time period for review for certain type of facilities, even when needed to allow the Town to
maintain the status quo while it reviews and revises its policies for compliance with changes in
state or federal law. The Town is in immediate need of clear regulations for wireless installations
in the public right-of-way given the number of anticipated applications and legal timelines upon
which the Town must act.
(11) The public right-of-way in the Town is a uniquely valuable public resource, closely
linked with the Town's natural beauty including the hills and views of the Bay, and significant
residential communities. The reasonably regulated and orderly deployment of wireless
telecommunications facilities in the public right--of-way is desirable, and .unregulated or disorderly
deployment represents an ever-increasing and true threat to the health, welfare and safety of the
community.
(12) The regulations of wireless installations in the public right-of-way are necessary to
protect and preserve the aesthetics in the community, as well as the values of properties within the
Ordinance 581 Page 2
Town, and to ensure that all wireless telecommunications facilities are installed using the least
intrusive means possible.
(13) The Town finds that in light of more recent developments in federal and state law
with respect to the regulation of small cell and other wireless telecommunications facilities, there
is a need for the Town to update its current ordinances based on current telecommunications trends,
updates in laws, as well as aesthetic and location options for wireless facilities. The. City Council
also finds that the lack of specifically -designed standards and regulations in the Municipal Code
for wireless facilities located in the public right-of-way, the increasing requests for information
about the Town's regulation of wireless telecommunications facilities, and the inability to adopt a
temporary moratorium, present current and immediate threat to the public health, safety and
welfare. The City Council further finds and declares that. the immediate implementation of the
Ordinance is necessary to preserve and protect public health, safety and welfare.
(14) The Town recognizes its responsibilities under the Federal Telecommunications
Act of 1996 and state law and believes that it is acting consistent with the current state of the law
in ensuring that irreversible development activity does not occur that would harm the public health,
safety, or welfare. The Town does not intend that this Ordinance prohibit or have the effect of
prohibiting telecommunications service; rather, it includes appropriate regulations to ensure that
the installation, augmentation and relocation of wireless telecommunications facilities in the public
rights -of -ways are conducted in such a manner as to lawfully balance the legal rights of applicants
under the Federal Telecommunications .Act and the California Public Utilities Code while, at the
same time, protect to the full extent feasible against the safety and land use concerns described
herein.
WHEREAS, the City Council finds and determines that the immediate preservation of the
public health, safety and welfare requires that this .Ordinance be enacted as an urgency ordinance
pursuant to Government code S ection ' 3 693 7(b), and take effect immediately upon adoption.
Therefore, this Ordinance is necessary for the immediate preservation of the public peace, health,
safety and welfare and its urgency is hereby declared.
WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act
(CEQA) Guidelines, this ordinance is exempt from CEQA based on the following:
(1) This Ordinance is not a project within the meaning of Section 15378 of the State
CEQA Guidelines, because it has no potential for resulting in physical change in the environment,
directly or ultimately.
(2) This Ordinance is categorically exempt from CEQA under Section 15308 of the
CEQA Guidelines as a regulatory action taken by the Town pursuant to its police power and in
accordance with Government Code Section 65858 to assure maintenance and protection of the
environment pending the evaluation and adoption of contemplated local legislation, regulation and
policies.
(3) This Ordinance is not subject to CEQA under the general rule in CEQA Guidelines
Section 15061(b)(3) that CEQA applies only to projects which have the potential for
Ordinance 581 Page 3
causing a significant effect on -the environment. For the reasons set forth in subparagraphs (1) and
(2), above, it can be seen with certainty that there is no possibility that this ordinance will have a
significant effect on the environment.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as
follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of
Los Altos Hills hereby -makes the following findings:
1. All of the facts and recitals above are true, corrected; incorporated herein and made
a part hereof such that there exists a.current and immediate threat to the public health; safety, and
welfare requiring immediate implementation of an urgency ordinance implement_ wireless
communications regulations for the Town of Los Altos Hills.
2. The urgency ordinance is necessary for the -immediate preservation of the public
peace, health, -and safety because the installation of small cell and other - wireless
telecommunications facilities within the public right-of-way can cause; disturbance to the right-
of-way
ight-ofway 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; land use conflicts and incompatibilities
including excessive height of poles and towers; 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 which may negatively impact the unique quality and
character of the Town.
3. Based on recent developments in federal and state law with respect to the regulation
of small cell and other wireless telecommunications facilities, there is a need for the Town to
update its current codes based on current telecommunications trends, updates in laws, as well as
aesthetic and location options for wireless facilities.
4. This project is exempt ,from California Environmental Quality Act (CEQA)
pursuant to "general exemptions" described in Section 15061(b)(3) of the CEQA Guidelines, since
the ordinance would not have any significant effects on the environment.
SECTION II. AMENDMENTS.
A new Chapter 5, entitled "Wireless Telecommunications Facilities" is hereby added to
Title 7 of the Los Altos Hills Municipal Code to read as set forth in Exhibit A to this Ordinance,
which is hereby incorporated as though set forth in full herein.
Ordinance 581 Page 4
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid or unconstitutional the remainder of this ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this ordinance are severable. The City
Council of the Town of Los Altos Hills hereby declares that it would have passed each section,
subsection,' subdivision; paragraph, sentence, clause, or phrase hereof irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be
held unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE TATE ANIS PUBLICATION.
This ordinance is an urgency ordinance enacted under California Government Code 36934 and
36937(b). This urgency ordinance is effective upon adoption by afour-fifths (4/5) vote of the City
Council. This urgency ordinance shall remain in full force and effect until it is repealed by a new
regulatory scheme by the City Council.
Within fifteen days after the passage of this ordinance, the City Clerk shall cause this ordinance or
a summary thereof to be published once, with the names of those City Councilmembers voting for
or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by
taw.
INTRODUCED: March 21, 2019
PASSED: March 21, 2019
AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan,
Councilmember Tankha, Councilmember Tyson
NOES: None
ABSTENTIONS: None
ABSENT: None
BY.. 7,,
Roger Vreen, Mayor
AT QS T:
City Clerk
APPROVED AS TO FORM: _...
City Attorney
3204320.1
Ordinance 581 Page 5
EXHIBIT A
Chapter 5
WIRELESS TELECOMMUNICATIONS FACILITIES
7-5.01. Purpose.
The purpose and intent of this chapter is to provide a set of regulations and standards for the
deployment, operation and maintenance of wireless telecommunications facilities in the Town of
Los Altos Hills.
7-5.02 Definitions.
For the purposes of this chapter, the following defined terms shall have the meaning set forth in
this section unless the context. clearly indicates or requires, a different meaning.
Accessory equipment means any equipment associated with the installation of a wireless
telecommunications facility, including, but not limited to, cabling, generators, air conditioning
units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals,
meters, vaults, splice boxes, and surface location markers.
Antenna means that part of a wireless telecommunications facility designed to radiate or receive
radio frequency signals or electromagnetic waves for the provision of services, including, but not
limited to, cellular,. paging, personal communications services (PCS) and microwave
communications. Such devices include, but are not limited to, directional antennas,' such as panel
antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points
(Wi-Fi); and strand -mounted wireless access points. This definition does not apply to broadcast
antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or
household purposes.
Applicant means any person making a written application for an encroachment permit to deploy
.
Wireless Telecommunications Facilities pursuant to the requirements of this chapter.
Base station means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), as may
be amended, which defines that term- as a structure or equipment at a fixed location that enables
FCC -licensed , or authorized wireless communications between user equipment and a
communications. network. The term does not encompass a 'tower as defined in 47 C.F.R. Section
1.40001(b)(9) or any equipment associated with a tower. The term includes, but is' not limited to.,
equipment associated With wireless communications services such as private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of
technological configuration (including distributed antenna systems and small-cell networks). The
term includes any structure other than a tower that, at the time the relevant application is filed with
the State or local government under this section, supports or houses equipment described in 47
C.F.R. Section 1.40001 (b)(1)(i) and (ii) that has been reviewed and approved under the applicable
zoning or siting process, or under another State or local regulatory review process, even if the
Ordinance 581 Page 6
structure was not built for the sole or primary purpose of providing such support. The term. does
not include any structure that, at the time the relevant application is filed with the State or local
government under this section, does not support or house equipment described in 47 C.F.R. Section
1.40001(b)(1)(i) and (ii).
Building -mounted means mounted to the side or facade, but not the roof, of a building or another
structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure.
Cellular means an analog or digital wireless telecommunications technology that is based on a
system of interconnected neighboring cell sites.
Collocation means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(2), as may be
amended, which defines that term as the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting or receiving radio frequency signals for
communications purposes. As an illustration and not a limitation, the FCC's definition effectively
means "to add" and does not necessarily refer to more than one wireless telecommunication facility
installed at a single site.
Modification means any change to an existing wireless telecommunications facility that involves
any of the following: collocation, expansion, modification, alteration, enlargement, intensification,
reduction, or augmentation, including, but not limited to, a change in size, shape, color, visual
design, or exterior material. Modification does not include repair, replacement, or maintenance if
those actions do not involve a change to the existing facility involving any of the following:
collocation, expansion, modification; alteration, enlargement, intensification, reduction, or
augmentation.
Monopole means a structure consisting of a single pole used to support antennas or related
equipment and includes a monopine or similar monopoles camouflaged to resemble trees or other
objects.
Personal wireless services means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as
may be amended, which defines the term as commercial mobile services, unlicensed wireless
services and common carrier wireless exchange access services.
Personal wireless service facilities means the same as defined in 47 U.S.C. Section
3 32(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal
wireless services.
Pole means a single shaft of wood, steel, concrete, or other material capable of supporting the
equipment mounted thereon in a safe and adequate manner and as required by provisions of the
Los Altos Hills Municipal Code.
RF means radio frequency or electromagnetic waves between 30 kHz and' 300 GHz in the
electromagnetic spectrum range.
Site means the same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(6), as may be
amended, which provides that for towers other than towers in the public rights-of-way, the current
boundaries of the leased or owned property surrounding the tower and any access or utility
easements currently related to the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission equipment already deployed on
the ground.
Ordinance 581 Page 7
Telecommunications tower or tower means a freestanding mast, pole, monopole, guyed tower,
lattice tower, free standing tower or other structure designed and primarily used to support wireless
telecommunications facility antennas.
Transmission equipment means the same as defined by the FCC in 47 C.F.R. 'Section
1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates
transmission for any FCC -licensed or authorized wireless communication service, including, but
not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup
power supply. The term includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
Utility pole means a pole or tower, owned by any utility company that is primarily used to support
wires or cables necessary to the provision of electrical or other utility services regulated by the
California Public Utilities Commission.
Wireless telecommunications facility means any facility constructed, installed, or operated for
wireless service. Wireless telecommunications facility includes, but is not limited to, antennas or
other types of equipment for the transmission or receipt of such signals, telecommunications
towers or similar structures supporting such equipment; related accessory equipment, equipment
buildings, parking areas, and other accessory development. Wireless telecommunications facility
does not mean any of the following:
1) A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97,
of the Commission's Rules, or its successor. regulation.
2) An antenna facility that is subject to the FCC Over -The -Air -Receiving Devices rule,
47 C.F.R. Section 1.4000, or any successor regulation, including, but not limited to,
direct -to -home satellite dishes that are less than one meter in diameter, TV antennas
used to receive television broadcast signals and wireless cable antennas.
3) Portable radios and devices including, but not limited to, hand-held, vehicular, or other
portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency
services radio.
4) Telecommunications facilities owned and operated by any government agency.
5) Telecommunications facilities owned and operated by any emergency medical care
provider.
6) Mobile services providing public information coverage of news events of a.temporary
nature.
7) Any wireless telecommunications facilities exempted from the' Los Altos Hills
Municipal Code by federal law or state law.
7-5.03 Applicability.
This chapter applies to all wireless telecommunications facilities as follows:
1. All facilities for which applications were not approved prior to the effective date of the
ordinance codified in this chapter shall be subject to and comply with all provisions of this
chapter;
2. All previously approved facilities, notwithstanding the date approved, shall be subject
immediately to the applicable provisions of this chapter governing the operation and
Ordinance 581 Page .8
maintenance, cessation of use and abandonment, removal and restoration of wireless
telecommunications facilities and wireless telecommunications collocation facilities and
the prohibition of dangerous conditions or obstructions by such facilities; provided,
however, that in the event a prior condition of approval conflicts with a provision of this
chapter, the condition of approval shall control unless and until the prior permit is amended
or revoked.
Notwithstanding any provision of the Los Altos Hills Municipal Code to the contrary, provisions
governing the installation of a public utility facility or accessory equipment shall not apply to
wireless telecommunications facilities.
7-5.04 Encroachment permit required.
No wireless telecommunications facility shall be located. or modified within the Town on any
property, including, the public right -of --way, without first obtaining an encroachment permit
pursuant to Chapter 2, "Street and Sidewalk Excavations", of Title .7 of the Los Altos Hills
Municipal Code.
7-5.05 Application for permit.
All applications for a permit required by this chapter must be made in writing, which shall include
the following information, in addition to all other information determined necessary by the Town:
a. Full name and contact information for the facility owner, . facility operator, agent (if any),
and property owner, and related letter(s) of authorization.
b. The type of facility, including a full written description of the proposed facility, its purpose
and specifications.
C. A detailed site and engineering plan of the proposed facility containing the exact proposed
location of the facility or facilities, created by a qualified licensed engineer and in
accordance with requirements set by the Town.
d. Photographs of facility equipment and an accurate visual impact analysis with photo
simulations.
e. If located at an existing wireless facility site, the applicant shall submit a technically
sufficient written report, certified by a qualified radio frequency emissions engineer,
certifying that the facility is in compliance with current FCC standards for RF emissions.
f. Completion of an RF exposure guidelines checklist and proof of all applicable licenses or
other approvals required by the FCC.
g. A written description identifying the geographic service area for the subject installation,
accompanied by a plan and maps showing anticipated future installations and
modifications, if applicable.
h. A written report that analyzes acoustic levels for the proposed wireless telecommunications
facility and all . associated equipment including,' without limitation, all environmental
control units, sump pumps, temporary backup power generators, and- permanent backup
power generators in order to. demonstrate compliance with the Town's noise regulations.
In lieu of a written report, the applicant may submit evidence from the equipment
manufacturer that the ambient noise emitted from all the proposed equipment will not, both
individually and cumulatively, exceed the applicable limits.
Ordinance 581 Page 9
i. An application and processing fee and deposit.
j. Any other studies or information determined necessary by the Town may be required.
7-5.06 Design and development standards. for all facilities.
The design and * -development standards set forth in this section apply to all wireless
telecommunications facilities no matter where they are located. Wireless telecommunications
facilities shall be designed and maintained so as to minimize visual, noise, and other impacts on
the surrounding community and shall. be planned, designed, located, and erected in accordance
with the design and development -standards in this section.
a. The applicant shall employ screening and camouflage design techniques in the design and
placement of wireless telecommunications facilities in order to ensure that the facility is as
visually inconspicuous as possible, to prevent the facility from dominating the surrounding
area and to hide the facility from predominant views from surrounding properties, all in a
manner that achieves .compatibility with the community.
b. All facilities shall be designed and located in such, a manner as to avoid adverse impacts
on traffic safety.
C. The applicant shall use the least visible antennas possible to accomplish. the coverage
objectives. Antenna elements 'shall be flush mounted, to the extent reasonably feasible. All
antenna mounts shall be designed so as not to preclude possible future collocation by the
same or other operators orcarriers. Antennas shall be situated as to reduce visual impact
without compromising their function. Whip antennas need not be screened.
d. Where appropriate, facilities shall be installed so as to maintain and enhance existing
landscaping on the site, including trees, foliage and shrubs, whether or not utilized for
screening. Additional landscaping shall be planted, irrigated, and maintained where such
vegetation is deemed necessary by the Town to provide screening or to block the line of
sight between facilities and adjacent uses.
e. No signs or advertising devices other than certification, warning- or other signage required
by law is permitted.
f. No lighting or other illumination is permitted unless.- either specifically required by the
Federal Aviation Administration or other government ernment agency. Lightning arresters ' and
beacon lights are not permitted. unless required by the Federal Aviation Administration or
other government agency.
9. Each wireless telecommunications facility and wireless telecommunications collocation
facility shall be operated in such a manner so as to minimize any possible disruption caused
.by noise.
h. Backup generators shall only be operated during periods. of power outages, and shall not
be tested on weekends or holidays, or between the hours of 5:00 p.m. and 7:00 a.m.
i. At no time - shall equipment noise from any facility exceed an exterior noise level of 50
dBA at the facility's property line.
j . Any equipment, including, but not limited to, air conditioning units, that may emit noise
that would be audible from beyond three feet from the facility in the case of a facility
located in the right-of-way, or in the case of other facilities the facility'. s property line, shall
Ordinance 581 Page 10
be enclosed or equipped with noise attenuation devices to the extent necessary to ensure
compliance with applicable noise limitations under .the Los Altos Hills Municipal Code.
k. Each wireless telecommunications facility and wireless telecommunications collocation
facility shall be designed to be resistant to, and minimize opportunities for, unauthorized
access, climbing, vandalism, graffiti and -other conditions that would result in hazardous
situations, visual blight, or attractive nuisances. The reviewing authority may require the
provision of warning signs, fencing, anti -climbing devices, or other techniques to prevent
unauthorized access and vandalism when, because of their location or accessibility, a
facility has the potential to become an attractive nuisance.
1. At the time of modification of a wireless telecommunications facility, existing equipment'
shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and
other impacts, including, but not limited to, undergrounding the equipment and replacing
larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
7-5.07 Design and development standards for facilities in the public right-of-way.
Facilities located in the public right-of-way are subject to the design and development standards
set forth in this - section in addition to all design and development standards that apply. to all
facilities.
a. The maximum height of any antenna mounted to an existing utility pole shall not exceed
10 feet above the high voltage lines at the top of the utility pole nor an overall height of 40
feet from the ground to the top of the -antenna. All installations on utility poles shall fully
comply with the California Public Utilities Commission general orders, including' but not
limited to, General Order 95, as revised,
b. All wireless equipment mounted on a utility pole shall be painted to match, as much as
possible, the color of the existing or proposed pole.
C. Street Light Poles.. Any portion of the antenna or equipment mounted on such a pole shall
be no less than 18 feet above any drivable* road surface.
d. All pole mounted wireless facilities shall utilize wireless metering.
e. Pole height and width limitations:
1) All poles shall be designed to be the minimum functional height.and width required
to support the proposed antenna installation and meet FCC requirements. Poles and
antennas and -similar structures shall be no greater in diameter or other cross-
sectional dimensions than is necessary for the proper functioning of the -facility.,
2) Notwithstanding the above, no facility shall be located on a new pole that exceeding
3 5 feet in height, including, but not limited to, the pole and any antenna that
protrudes above the pole.
3) Pole mounted accessory equipment shall not exceed 6 cubic feet, in volume.
4) Pole mounted antennas shall not exceed 3 cubic feet in volume.
5) Accessory equipment located at the base of the pole shall not exceed 28 cubic feet
in volume.
6) Pole mounted antennas shall be located a minimum of 10 feet. from all pedestrian
paths and a minimum of 15 feet above the ground.
f. if an -applicant 'proposes to replace a. pole in order to accommodate the facility, the pole
shall match the appearance of the original -pole to the extent feasible, unless another design
Ordinance 581 Page 11
better accomplishes the objectives of this section. Such replacement pole shall not exceed
the height of the pole it is replacing by more than seven feet.
9. New poles shall be designed to resemble existing poles in the right-of-way, including size,
height, color, materials and style, with the exception of any existing -pole designs that are
scheduled to be removed and not replaced, unless another design better accomplishes the
objectives of this section. Such new poles that are not replacement poles shall be located
no closer than 90 feet to an existing pole.
h. Facilities shall be designed to occupy the least amount of space in the right-of-way that is
technically feasible.
i. Each component part of a facility 'Shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic,. inconvenience to the public's use of the right-
of-way, or safety hazards to pedestrians and motorists.
j . A facility shall not be located within any portion of the public right-of-way interfering with
access to -fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve
housing structures, or any other vital public health and safety facility.
k. Each pole mounted wireless telecommunications facility must be separated by at least .1000
feet.
1. All cables, including, but not limited to,. electrical and utility cables, between the poles and
to any accessory equipment shall be placed underground, if feasible.
M. All new wires needed to service the wireless telecommunications facility must be installed
within the width of the existing utility pole so as to not exceed the diameter and height of
the existing utility pole..
n. Accessory equipment shall be located at the base of the pole and shall not exceed 4 feet in
height and 28 cubic feet in volume. Equipment shall be screened and camouflaged to the
fullest extent possible, including the use of landscaping or alternate screening.
7-5.08 Operation and maintenance standards.
All. wireless telecommunications facilities must comply at all times with the following operation
and maintenance standards.
a. All necessary repairs and restoration shall be completed by the applicant, owner, or
operator within 72 hours after discovery of the need by the applicant, owner, operator or
any designated maintenance agent or after notification is received from the Public Works
Director.
b. All facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, lighting, fences, walls, shields, cabinets*, artificial foliage or camouflage, and
the facility site shall be maintained in good condition, including ensuring the facilities are
reasonably free of:
1) General dirt and grease;
2) Chipped, faded, peeling, and cracked paint;
3) Rust and corrosion;
4) Cracks, dents,. and discoloration;
5) Missing, discolored, -or damaged artificial foliage or other camouflage;
6) Graffiti, bills, stickers, advertisements, litter and debris;
7) Broken and misshapen structural parts; and
Ordinance 581 Page 12
8) Any damage from any cause.
C. All trees, foliage or other landscaping elements approved as part of the facility shall be
maintained in good condition at all times, and the applicant, owner and operator of the
facility shall be responsible for replacing any damaged, dead or decayed landscaping. No
amendment to any approved landscaping plan may be made until it is submitted to and
approved by the Public Works Director.
d. The applicant shall replace its facilities, after obtaining all required permit's, if maintenance
or repair is not sufficient to return the facility to the condition it was in at the time of
installation.
e. Each facility shall be operated and maintained at all times in compliance with applicable
federal regulations, including FCC radio frequency emissions standards.
f. Each facility shall be operated and maintained to comply at all times with the noise
regulations of this chapter and shall be operated and maintained in a manner that will
minimize noise impacts to surrounding residents. Except for emergency repairs, any testing
and maintenance activities that will be audible beyond the property line shall only occur
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays,
unless alternative hours are approved by the Public Works Director. Backup generators, if
permitted, shall only be operated during periods of power outages or for testing.
g. If. a flagpole is used for camouflaging a wireless telecommunications facility, flags shall
be flown and shall be properly maintained at all -times.
h. Each owner or operator of a facility shall routinely inspect each site to ensure compliance
with the standards set forth in this section and the conditions of approval.
7-5.09 No dangerous conditions or obstructions allowed.
No person shall install, use or maintain any wireless telecommunications facility which in whole
or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or
maintenance endangers or is reasonably likely to endanger the safety of persons or property,. or
when such site or location is used for public utility purposes, public transportation purposes or
other governmental use, or when such facility unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or
egress from any residence or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxes, � -permitted sidewalk dining, permitted street furniture or other objects
permitted at or near said location.
7-5.10 Cessation of use or abandonment.
A wireless telecommunications facility is considered abandoned and shall be. promptly removed
as provided herein if it ceases to provide wireless telecommunications services for 90 or more
consecutive days. If there are two or more users of a single facility, then this provision shall not
become effective until all users cease using the facility.The operator of a facility shall notify the
Town in writing of its intent to abandon or cease use within 10 days of ceasing or abandoning use.
Ordinance 581 Page 13
7-5.11 Removal and restoration, revocation or abandonment.
a. Upon cessation of operation or abandonment of the facility, the applicant, owner or operator
shall remove its wireless telecommunications facility and restore the site to its natural condition
except for retaining the landscaping improvements and any. other improvements at the
discretion of the Town. The facility shall be removed from the property within 30 days.
b. Failure of the applicant, owner, or operator to promptly remove its facility and restore the
property within 30 days after the cessation of operation or abandonment of the facility, shall
be a violation of the Los Altos Hills Municipal Code.
c. In the event the Public Works Director determines that the condition or placement of a wireless
telecommunications facility located in the public right-of-way constitutes a dangerous
condition, obstruction of the public right-of-way, or an imminent threat to public safety, or
determines other exigent circumstances require immediate corrective action (collectively,
"exigent circumstances"), the Public Works Director may cause the facility to be removed
summarily and immediately without advance notice or a hearing. Written notice of the removal
shall be served upon the person who owns the facility within five business days. of removal
and all property removed shall be preserved for the owner's pick-up as feasible. If the owner
.cannot be identified following reasonable effort or if the owner fails to pick-up the property
within 60 days, the facility shall be treated as abandoned property.
do In the event the Town removes a facility in accordance with nuisance abatement procedures or
summary removal, any such removal oval shall be without any liability to the Town for any damage
to such facility that may result from reasonable efforts of removal. Unless otherwise provided
herein, the -Town has no obligation to store such facility. Neither the applicant nor the owner
nor operator shall have any claim if the Town destroys any such facility not timely removed
by the applicant, owner, or operator after notice, orremoved by the Town due to exigent
circumstances.
I[LC1]
3204318.1
Ordinance 581 Page 14