HomeMy WebLinkAbout587ORDINANCE 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
obstructions to the right of way but also long-term effects from telecommunication deployment
that could disturb the use and quiet enjoyment of the public road; and
WHEREAS, the Town initially adopted a Wireless Communications Facilities Policy in 1996,
amended in 2006, regarding certain policies for wireless facilities location and screening, which
are not contained in the Municipal Code; and
WHEREAS, in response to the FCC Order, the Town adopted an Urgency Ordinance under
Chapter 7-5 of the Municipal Code in March 2019 to generally address design, installation,
operation and maintenance issues that arise in connection with wireless telecommunications
facilities deployed in the public right-of-way; and
WHEREAS, the Town does not otherwise have a comprehensive set of regulations for the
placement, installation, maintenance and operation of wireless telecommunications facilities; and
WHEREAS, the Town desires to amend the Municipal Code to adopt regulations regarding
wireless facilities in order to reflect current telecommunications trends or necessary legal
requirements, and to establish comprehensive requirements and standards for the development,
siting, installation and operation of wireless facilities in a way that protects and promotes public
safety, community welfare, and the Town's character and aesthetic quality; and
WHEREAS, the Town desires to adopt design requirements that further govern the aesthetics of
wireless facilities; and
WHEREAS, this Ordinance is adopted based on the following facts:
(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;
Ordinance 587 Page 2
and the creation of unnecessary visual and aesthetic blight by failing to utilize alternative
technologies or capitalizing on collocation opportunities.
(4) 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.
(5) The regulation of wireless installations in the Town limits is necessary to protect
and preserve the aesthetics in the community, as well as the values of properties within the Town,
and to ensure that all wireless telecommunications facilities are installed using the least intrusive
means possible.
(6) 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, 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 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.
Ordinance 587 Page 3
WHEREAS, the Planning Commission held duly noticed public hearings to consider the proposed
amendments to the Zoning Code on October 3, 2019 and November 7, 2019, at which time all
interested persons had the opportunity to be heard; and
WHEREAS, after close of the public hearing, the Planning Commission recommended approval
of the proposed amendments to the Zoning Code; and
WHEREAS, the City Council held a duly noticed public hearing to consider the proposed
amendments to the Zoning Code on December 4, 2019, at which time all interested persons had
the opportunity to be heard; and
WHEREAS, after the close of the public hearing, the City Council considered all public comments
received'both before and during the public hearing, the presentation by Town staff, the staff report,
and all other pertinent documents regarding the proposed zoning code amendment; and
WHEREAS, the City Council finds that the proposed amendments to the Zoning Code are
consistent with and support the Los Altos Hills General Plan by helping to ensure the aesthetic
quality of wireless telecommunication facilities in a manner consistent with Federal law and
regulations; and
WHEREAS, the City Council finds that the proposed Zoning Code amendment is intended to
establish comprehensive requirements and standards for the development, siting, installation and
operation of wireless telecommunication facilities in a way that protects and promotes public
safety, community welfare, and the Town's character and aesthetic quality.
WHEREAS, the City Council desires to adopt the proposed changes to the Zoning Code and
repeal the prior Urgency Ordinance under Chapter 7-5 of the Municipal Code.
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 the adoption of an ordinance to implement wireless communications regulations
for the Town of Los Altos Hills.
2. 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.
Ordinance 587 Page 4
SECTION II. AMENDMENTS TO THE MUNICIPAL CODE.
1. Chapter 5, of Title 7, entitled "Wireless Telecommunications Facilities", is hereby
repealed in its entirety.
2. Section 10-1.202 "Designated, of Title 10, Chapter 1, Article 2, entitled "Definitions",
is amended to read as follows, with additions in double underline and deletions in strip.
All other provisions not explicitly amended by this ordinance shall remain in full force and effect.
10-1.202 Designated.
Antenna means any device used to transmit and/or receive electromagnetic waves:, with
the exception that antennas that area part of a wireless telecommunications facility, as defined
under Article 13 of Chapter 1, Title 10 of this code, that are designed to radiate or receive radio
frequency signals or electromagnetic waves for the provision of services, shall be excluded from.
and not be governed under, this chapter and article but shall be governed under Article 13 of
Chapter 1, Title 10 of this code.
3. Article 13 entitled "Wireless Telecommunications Facilities" is hereby added to Chapter
1, Title 10 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.
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 DATE AND PUBLICATION.
This ordinance shall become effective 30 days from the date of its final passage. 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
law.
INTRODUCED: December 4, 2019
PASSED: December 19, 2019
Ordinance 587 Page 5
AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan
Councilmember Tankha,, Councilmember Tyson
NOES: None
ABSTENTIONS: None
ABSENT: None `
BY:
Roger preen, Mayor
ATTEST:
�J/"/
City Clerk
APPROVED AS TO FORM:
City Affor&y
Ordinance 587 Page 6
EXHIBIT A
Article 13
WIRELESS TELECOMMUNICATIONS FACILITIES
10-1.1301 Purpose.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations
and standards for the permitting, development, siting, installation, design, operation and
maintenance of wireless telecommunications facilities in the Town of Los Altos Hills. These
regulations are intended to prescribe clear and reasonable criteria to assess and process applications
in a consistent and expeditious manner, while reducing the impacts associated with wireless
telecommunications facilities. This chapter provides standards necessary to: (1) preserve and
promote harmonious land uses and the public right-of-way in the Town; (2) promote and protect
public health and safety, community welfare, visual resources, and the aesthetic quality of the
Town consistent with the goals, objectives and policies of the General Plan; (3) provide for the
orderly, managed, and efficient development of wireless telecommunications facilities in
accordance with the state and federal laws, rules, and regulations; and (4) encourage new and more
efficient technology in the provision of wireless telecommunications facilities.
This chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively
prohibit any personal wireless service provider's ability to provide personal wireless services; (2)
prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate
telecommunications service, subject to any competitively neutral and nondiscriminatory rules or
regulation for rights-of-way management; (3) unreasonably discriminate among. providers of
functionally equivalent services;. (4) deny any request for authorization to place, construct or
modify personal wireless service facilities on the basis of environmental effects of radio frequency
emissions to the extent that such wireless facilities comply with the FCC's regulations concerning
such emissions; (5) prohibit any collocation or modification that the Town may not deny under
federal or state law; or (6) otherwise authorize the 'Town to preempt any applicable federal or state
law.
10-1.1302 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
Ordinance 587 Page 7
antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or
household purposes.
Base station means the same as defined by the FCC in 47 C.F.R. Section 1.6100(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 1.6100(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 1.6100(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
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
1.6100(b)(1)(i) and (ii).
Building -mounted means mounted to the side or fagade, 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.
Co -location means the mounting or installation of new transmission equipment on an existing
tower or structure with existing transmission equipment.
Collocation means the same as defined by the FCC in 47 C.F.R. Section 1.6 1 00(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.
Eligible facilities request means the. same as defined by the FCC in 47 C.F.R. Section
1.6100(b)(3), as may be amended, which defines that term as any request for modification of an
existing tower or base station that does not substantially change the physical dimensions of such
tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of
transmission equipment; or (3) replacement of transmission equipment.
Eligible support structure means the same as defined by the FCC in 47 C.F.R. Section
1.6 1 00(b)(4), as may be amended, which defines that term as any tower or base station as defined
in this section, provided that it is existing at the time the relevant application is filed with the State
or local government under this section.
Existing means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(4), as may be
amended, which provides that a constructed tower or base station is existing for purposes of
Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or
siting process, or under another state or local regulatory review process, provided that a tower that
Ordinance 587 Page 8
has not been reviewed and approved because it was not in a zoned area when it was built, but was
lawfully constructed, is existing for purposes of this definition.
FCC means the Federal Telecommunications Commission.
Habitable Floor Area means the heated and conditioned space in a single-family residence or
accessory dwelling unit as defined by the California Building Code. For the purposes of this
Article, existing habitable floor area includes unbuilt space meeting the above criteria that has an
approved building permit that was issued prior to the submittal date of a wireless application.
Macro Cell Site means a facility within a cellular network that provides radio coverage to a large
area of mobile network access. A macro cell differs from a microcell by offering a larger coverage
area and high -efficiency output. Output power is usually in a range of tens of watts.
Micro/Small Cell Site means a facility that provides a small range of coverage for a cellular
network and is a radio access point with a low radio frequency (RF) power output footprint and
range. Specifically, a "small cell wireless facility" means a facility that meets all of the following
conditions as defined by the FCC:
A. The facility meets one of the following mounting height requirements:
1. mounted on structures 50 feet or less in height, including antennas; or
2. mounted on structures that are at most 10% taller than adjacent structures; or
3. does not extend the height of the locating structures by more than 50 feet, or by more
than 10%, whichever is greater;
B. The volume of each antenna associated with the deployment is at most 3 cubic feet;
C. The volume of all other wireless equipment associated with the structure is at most 28 cubic
feet;
D. The facility does not require antenna registration under federal regulations;
E. The facility is not located'on tribal lands; and
F. The facility does not result in human exposure to radio frequency radiation in excess of the
applicable federal safety standards.
Modification means any change to an existing wireless telecommunications facility that involves
any of the following: collocation, expansion, modification, alteration, enlargement, intensification,
reduction, augmentation, or aesthetics, including, but not limited to, a change in size, shape, color,
visual design, noise 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 mean the same as defined in 47 U.S.C. Section
332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal
wireless services.
Ordinance 587 Page 9
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.
Right -of -Way or Public Right -of -Way means all public streets and utility easements, now and
hereafter owned by the Town or other public entity, but only to the extent of the Town or public
entity's right, title, interest or authority to grant a license to occupy and use such streets and
easements for wireless communication facilities.
Roof -mounted means mounted directly on the roof of any building or structure, above the eave
line of said building or structure.
Site means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(6), as maybe 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.
Section 6409(a) means section 6409(a) of the Middle Class Tax Relief and Job Creation Act of
2012, codified at 47 U.S.C. § 1455.
Substantial change means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(7), as
may be amended, which defines that term differently based on the particular wireless facility type
(tower or base station) and location (in or outside the public right-of-way). For clarity, this
definition organizes the FCC's criteria and thresholds for a substantial change according to the
wireless facility type and location.
A. For towers outside the public right-of-way, a substantial change occurs when:
1. The proposed colocation or modification increases the overall height more than 10%
or the height of one additional antenna array not to exceed 20 feet (whichever is
.greater); or
2. The proposed collocation or modification increases the width more than 20 feet from
the edge of the wireless tower or the width of the wireless tower at the level of the
appurtenance (whichever is greater); or
3. The proposed collocation or modification involves the installation of more than the
standard number of equipment cabinets for the technology involved, not to exceed
four; or
4. The proposed collocation or modification involves excavation outside the current
boundaries of the leased or owned property surrounding the wireless tower, including
any access or utility easements currently related to the site.
B. For towers in the public rights-of-way and for all base stations, a substantial change occurs
when:
The proposed collocation or modification increases the overall height more than 10%
or 10 feet (whichever is greater); or
The proposed collocation or modification increases the width more than six feet from
the edge of the wireless tower or base station; or
Ordinance 587 Page 10
3. The proposed collocation or modification involves the installation of any new
equipment cabinets on the ground when there are no existing ground -mounted
equipment cabinets; or
4. The proposed collocation or modification involves the installation of any new
ground -mounted equipment cabinets that are 10% larger in height or volume than any
existing ground -mounted equipment cabinets; or
5. The proposed collocation or modification involves excavation outside the area in
proximity to the structure and other transmission equipment already deployed on the
ground.
C. In addition, for all towers and base stations wherever located, a substantial change occurs
when:
1. The proposed collocation or modification would defeat the existing concealment
elements of the support structure as determined by the Planning Director; or
2. The proposed collocation or modification violates a prior condition of approval,
provided however that the collocation need not comply with any prior condition of
approval related to height, width, equipment cabinets or excavation that is
inconsistent with the thresholds for a substantial change described in this section.
The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one
or more of the applicable thresholds means that a substantial change would occur. The thresholds
for height increases are cumulative limits. For sites with horizontally separated deployments, the
cumulative limit is measured from the originally -permitted support structure without regard to any
increases in size due to wireless equipment not included in the original design. For sites with
vertically separated deployments, the cumulative limit is measured from the permitted site
dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a).
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
1.6100(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:
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A. 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.
B. 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.
C. 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, and other similar portable devices as determined by the Planning Director.
D. Telecommunications facilities owned and operated by any government agency.
E. Telecommunications facilities owned and operated by any emergency medical care
provider.
F. Mobile services providing public information coverage of news events of a temporary
nature.
G. Any wireless telecommunications facilities exempted from the Los Altos Hills Municipal
Code by federal law or state law.
10-1.1303 Applicability.
This chapter applies to all wireless telecommunications facilities as follows:
1. All facilities, notwithstanding the date approved, shall be subject immediately to the
provisions of this chapter governing the operation and 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
condition of approval conflicts with a provision of this chapter, the condition of approval
shall control unless and until the permit is amended or revoked.
2. 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.
10-1.1304 Wireless telecommunications facility permit required.
Permit Required. No wireless telecommunications facility shall be located or modified within
the Town on any property, including the public right-of-way, without the issuance of a Site
Development permit or Conditional Use Permit as required by this chapter. Such permit shall be
in addition to any other permit required pursuant to the Los Altos Hills Municipal Code.
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10-1.1305 Application for permit.
A. Submittal requirements.
All applications for a permit required by this chapter must be made in writing on such form
as the Planning Director prescribes, which shall include the following information, in
addition to all other information determined necessary by the Planning Director as well as
all other information required by the Town as part of an application'for.a conditional use
permit:
1. Full name and contact information for the facility owner, facility operator, agent (if
any), and property owner, and related letter(s) of authorization. If the facility (such as
a street light pole, street signal pole, utility pole, utility cabinet, vault or cable conduit)
is located on or in the property of an person or entity other than the owner of the facility,
the applicant shall provide a duly executed written authorization from the property
owner(s) authorizing the placement of the facility on the property.
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Public/Private Property
Description of Wireless Facility
(not in public right -of-
Public Right -of -Way
way)
New Macro Cell Site
Conditional Use Permit
Conditional Use Permit/
Encroachment Permit
Monopole, Roof -mounted facility,
Building/structure-mounted facility,
Planning Commission/
Planning
Co -location that results in a
City Council
Commission/City Council
substantial change as defined in this
article
Existing Macro Cell Site Co -location
Site Development Permit
Site Development Permit/
Encroachment Permit
Co -location on an existing macro cell
site with no substantial change as
Administrative Review
Administrative Review
defined by this article
New Micro/Small Cell Site
Conditional Use Permit
Site Development Permit/
Encroachment Permit
Mounted on an existing utility pole,
replacement utility pole, new pole, or
Planning Commission/
Administrative Review
other new or existing structure
City Council
Existing Micro/Small Cell Site Co-
Site Development Permit
Site Development Permit/
location
Encroachment Permit
Co -location on an existing macro cell
Administrative Review
Administrative Review
site, or on an existing utility pole or
structure with an existing small cell
wireless facility
10-1.1305 Application for permit.
A. Submittal requirements.
All applications for a permit required by this chapter must be made in writing on such form
as the Planning Director prescribes, which shall include the following information, in
addition to all other information determined necessary by the Planning Director as well as
all other information required by the Town as part of an application'for.a conditional use
permit:
1. Full name and contact information for the facility owner, facility operator, agent (if
any), and property owner, and related letter(s) of authorization. If the facility (such as
a street light pole, street signal pole, utility pole, utility cabinet, vault or cable conduit)
is located on or in the property of an person or entity other than the owner of the facility,
the applicant shall provide a duly executed written authorization from the property
owner(s) authorizing the placement of the facility on the property.
Ordinance 587 Page 13
2. The type of facility, including a full written description of the proposed facility, its
purpose and specifications.
3. 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 Planning Director.
4. Photographs of facility equipment and an accurate visual impact analysis with photo
simulations.
5. 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.
6. Completion of an RF exposure guidelines checklist and proof that the applicant has
complied with and obtained all applicable licenses or other approvals required by the
FCC.
7. 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.
8. 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.
9. An application and processing fee and deposit for a consultant review as set forth in
the Independent Expert section that follows.
10. Any other studies or information determined necessary by the Planning Director may
be required.
B. Independent Expert.
The Planning Director may retain, on behalf of the Town, an independent, qualified
consultant to review any application for a permit for a wireless telecommunications facility
to review the technical aspects of the application, including, but not limited to, the
following matters:
1. The accuracy, adequacy, and completeness of submissions;
2. Compliance with applicable radio frequency emission standards;
3. Whether any requested exception is necessary to close a significant gap in coverage
and is the least intrusive means of doing so;
4. Technical demonstration of the unavailability of alternative sites, facility designs or
configurations, and coverage analysis; and
5. The validity of conclusions reached or claims made by applicant.
Ordinance 587 Page 14
The cost of this review shall be paid by the applicant through a deposit pursuant to an
adopted fee schedule resolution.
C. Noticing Requirement.
Within five (5) business days of submission of an application containing all the information
required by this chapter and any applicable regulations, the applicant shall provide a notice
by mail to all properties within a five hundred (500) foot radius of the location of the
proposed facility. Such notice shall be of form and content specified by the Planning
Director in a publicly stated format, as may be revised from time to time, but at a minimum
must be clearly marked as a notification of a proposed wireless communications facility
installation, identify the applicant and service provider(s) who will utilize the facility, and
include a plain language description of the proposed facility, photo -simulations or
illustrations depicting the proposed facility, and the address where comments may be sent
to the Planning Director within fifteen (15) days of the date of the notice. Applicant shall
provide proof of mailing of the required notices no less than five (5) days after mailing the
notices.
10-1.1306 Location and configuration preferences.
The purpose of this section is to provide guidelines to applicants and the reviewing authority
regarding the preferred locations and configurations for wireless telecommunication facilities in
the Town. When a lower ranked alternative is proposed for either a wireless telecommunication
facility or accessory equipment pursuant to the preferential orders provided herein, the application
must include technical information demonstrating that a higher ranked option is not technically
feasible in light of the provider's service objectives. If the location or configuration of a proposed
facility qualifies for two or more categories of preferred locations or configurations, it shall be
deemed to belong to the lower preferred category.
The Planning Director shall consider the extent to which a proposed wireless telecommunication
facility or accessory equipment complies with these preferences and whether there are feasible
alternative locations or configurations to the proposed facility that are more preferred under this
section given the technical feasibility.
A. Wireless Telecommunications Facilities.
1._ Order of Preference - Configurations. The order of preference for the configuration for
wireless telecommunication facilities from most preferred to least preferred is:
a.. Co -location with existing facilities;
b. Roof -mounted;
c. Building -mounted;
d. Mounted on an existing pole or utility pole;
e. Mounted on a new pole or utility pole that will replace an existing pole or utility
pole;
f. Mounted on a new telecommunication tower.
2. Order of Preference - Location. The order of preference for the location of wireless
telecommunications facilities from most preferred to least preferred is:
Ordinance 587 Page 15
a. Town -owned properties;
b. Foothill College;
c. Water tanks;
d. Other public or quasi -public facilities, such as churches;
e. Public right-of-way;
f. Residential properties of at least 10 acres, provided that the applicant has submitted
evidence satisfactory to the Town demonstrating the property owner's consent or
other form of proof demonstrating applicant's legal right to use the property.
B. Accessory Equipment.
The order of preference for the location of accessory equipment for wireless
telecommunication facilities including collocating facilities from most preferred to least
preferred is:
1. Underground;
2. Within a building or structure;
3. Mounted on a screened rooftop area or structure;
4. Installed in a rear yard not readily visible from surrounding properties and the roadway.
10-1.1307 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. The intent of the Town is for
wireless telecommunications facilities to 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. The
requirements of this section apply to modifications of existing wireless telecommunication
facilities as well as new installations.
A. Aesthetics.
1. 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 screened by existing development, topography, or vegetation, to the extent
feasible, and as is required for similar construction projects within the Town, whenever
possible. Improvements which will be primarily viewed against soils, trees or
grasslands shall be painted colors matching these landscapes while elements which rise
above the horizon shall be painted a blue gray that matches the typical sky color at that
location. Equipment mounted to existing utility poles shall be painted with low
reflectivity paint to match the pole on which it is mounted.
2. 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 or carriers. Antennas shall be situated as to reduce visual impact
without compromising their function. Whip antennas need not be screened.
Ordinance 587 . Page 16
Where appropriate, facilities shall be installed so as not to damage or destruct existing
vegetation and landscape at the installation location, and shall maintain such existing.
landscaping on the site, including trees, foliage and shrubs, whether or not utilized for
screening. If existing vegetation and landscape are damaged or destroyed in the process
of installing the facility, the owner or applicant of the facility shall restore such damage
or destruction to the condition that is substantially the same as that prior to installation.
Further, 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.
4. The antennas shall be covered with socks matching the artificial foliage on the
monopine and all cables, support structures and all other associated equipment on the
monopine shall be painted to match the color of the new darker green foliage, to the
satisfaction of the Planning Director, prior to final inspection of the facility (if
applicable).
B. Minimum Setback.
1. The minimum setback from a wireless communications antenna to the nearest existing
habitable floor area of an adjacent single-family residence or accessory dwelling unit
shall be two hundred (200) feet.
2. The minimum setback from a wireless communications antenna to a public or private
school property with any combination of students from pre-school through grade 12
shall be one thousand one hundred (1,100) feet.
C. Noise and Lighting.
1. No lighting or other illumination is permitted unless either specifically required by the
Federal Aviation Administration or other government agency. Lightning arresters and
beacon lights are not permitted unless required by the Federal Aviation Administration
or other government agency.
2. 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 or maintenance.
3. 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.
4. At no time shall equipment noise from any facility exceed an exterior noise level of 40
dBA at the facility's property line or at the edge of the right-of-way.
5. 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 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.
Ordinance 587 Page 17
D. Public Safety and Other Requirements.
No signs or advertising devices other than certification, warning or other signage
required by law is permitted.
2. All facilities shall be designed and located in such a manner as to not obstruct, block,
or impede vehicular traffic nor impede pedestrian, bicycle or equestrian pathway users
and shall not create dangers to traffic safety.
3. 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.
10-1.1308 Additional design and development standards for facilities outside the public
right-of-way.
Facilities located outside 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. Aesthetics.
1. Roof -mounted facilities shall be designed and constructed to be fully concealed or
screened, to the extent feasible, in a manner compatible with the existing architecture
of the building onto which the facility is mounted by using the same or substantially
similar color, texture, and type of material. However, to the extent feasible, screening
shall not increase the bulk of the mounting structure nor alter the character of the
structure as to being not compatible with the mounting building.
2. All cables, including, but not limited to, electrical and utility cables, shall run within
the interior of the telecommunications tower to the greatest extent possible or shall be
camouflaged or hidden to the fullest extent feasible without jeopardizing the physical
integrity of the tower.
3. Monopole installations should be situated so as to utilize existing natural. or man-made
features including topography, vegetation, buildings, or other structures to be screened
and blend with the existing natural or built surroundings, to the extent feasible and as
is required for similar construction projects within the Town.
4. All antenna components and accessory wireless equipment shall be treated with
exterior coatings of a color and texture to match the predominant visual background or
existing architectural elements so as to visually blend in with the surrounding
development. Subdued colors and non -reflective materials that blend with surrounding
materials and colors shall be used.
5. If a faux tree is proposed for the monopole installation, it shall be of a type of tree
compatible with those existing in the immediate areas of the installation. If no trees
Ordinance 587 Page 18
exist within the immediate areas, the applicant shall create a landscape setting that
integrates the faux tree such as by adding species of trees that are of a similar height
and type.
6. Accessory equipment for roof -mounted facilities shall be screened with materials that
are painted the color of the building, roof, or surroundings. Accessory equipment for
telecommunications towers shall be visually screened by locating the equipment either
within a nearby building or in another type of enclosed structure, which shall comply
with the development and design standards of the zoning district in which the accessory
equipment is located. Such enclosed structure shall be architecturally treated and
adequately screened from view by landscape plantings, decorative walls, fencing or
other appropriate means, selected so that the resulting screening will be visually
integrated with the architecture and landscaping of the surroundings.
B. Other Requirements.
1. Minimum setback from all property lines for structures and all equipment shall be 50
feet.
2. In no event shall the installation of facilities replace or interfere with parking spaces in
such a way as to reduce the total number of parking spaces below the number that is
required by the applicable zoning standard under this code.
3. Facilities mounted to a telecommunications tower, including, but not limited to, the
attached antennas, shall be designed to be the minimum functional height and width
required to adequately support the proposed facility under applicable State or local
building codes and safety standards and meet FCC standards and regulations. The
applicant shall provide documentation satisfactory to the Planning Director
establishing compliance with this paragraph. In any event, facilities mounted to a
telecommunications tower shall not exceed the applicable height limit for structures in
the Zoning Code.
10-1.1309 Additional 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. Aesthetics.
1. 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 by using identical or similar color
tone samples.
2. 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 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. Any
replacement pole shall have the capacity and structural integrity to accommodate any
potential co -location of multiple providers.
Ordinance 587 Page 19
3. 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 or is shown to be the only technically
feasible alternative. Such new poles that are not replacement poles shall be located no
closer than 100 feet to an existing pole. Any new pole shall have the capacity and
structural integrity to accommodate any potential co -location of multiple providers.
B. Height and Structural Requirements.
1. General pole height and width limitations:
a. All poles shall be designed to be the minimum functional height and width required
to support the proposed antenna installation and meet FCC standards and
regulations. 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.
b. Notwithstanding the above, no facility shall be located on a new pole exceeding 35
feet in height, including, but not limited to, the pole and any antenna that protrudes
above the pole.
c. Pole mounted accessory equipment shall not exceed 6 cubic feet in volume.
d. Pole mounted antennas shall not exceed 3 cubic feet in volume.
e. Accessory equipment located above ground at the base of the pole shall not exceed
10 cubic feet in volume. Equipment place_ d in an underground vault may not exceed
28 cubic feet.
2. Pole mounted antennas shall be located a minimum of 10 feet from all pedestrian paths
and a minimum of 15 feet above the ground.
3. Utility Poles. 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.
4. Street Light Poles. The maximum height of any antenna mounted to a street light pole,
shall not exceed three feet above the existing height of a street light pole. Any portion
of the antenna or equipment mounted on such a pole shall be no less than 18 feet above
any drivable road surface.
5. All pole mounted wireless facilities shall utilize wireless metering.
6. 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. The conduit
installed for all undergrounded cables shall provide sufficient space to accommodate
potential additional providers and/or users to use the same conduit.
7. 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, to the extent feasible.
Ordinance 587 Page 20
8. Accessory equipment located at the base of the pole shall not exceed two (2) feet in
height. Equipment shall be screened and camouflaged to the fullest extent possible,
including the use of landscaping or alternate screening, to blend with the existing
natural or built surroundings.
C. Distance and Public Safety Requirements.
1. Each component part of a facility shall be located so as not to cause any physical or
visual obstruction to pedestrian, bicycle, equestrian or vehicular traffic, obstruction or
disturbance to the public's use of the right-of-way, such as noise and public nuisances,
or safety hazards to pedestrians and motorists.
2. 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.
3. Small cell facilities for each carrier shall be separated by at least 1,500 feet from other,
existing and proposed wireless facilities of that same carrier. All other pole mounted
wireless telecommunications facilities must be separated by at least one thousand
(1,000) feet from other existing and proposed wireless facilities of that same carrier.
D. Encroachment Permit Required.
An encroachment permit must be obtained for any construction, installation, encroachment
or any such related work in the public right-of-way, pursuant to Chapter 2, "Street and
Sidewalk Excavations," of Title 7 of the Los Altos Hills Municipal Code.
10-1.1310 Conditions of approval for all facilities.
In addition to compliance with the requirements of this chapter, upon approval, all facilities shall
be subject to each of the following conditions of approval, as well as any modification of these
conditions or additional conditions of approval deemed necessary by the reviewing authority.
However, this section shall not be construed as a basis to deny eligible facilities request made
pursuant to applicable provisions of the Middle Class Tax Relief and Job Creation Act of 2012.
A. Any changes or revisions to the telecommunications facility or its use shall require an
amendment to the applicable permit(s). Additionally, the Planning Director may schedule
a review or revocation hearing before the Planning Commission regarding any Conditional
Use Permit, if any condition of approval is not being met or the facility is being used
inconsistent with the approved use or in violation of Town development codes.
B. No modifications to the approved plans are allowed except as otherwise first reviewed and
approved in writing by the Planning Director or by action of the Planning Commission,
depending on the scope of the changes, and consistent with the requirements of Section
6409(a) as applicable.
C. Upon completion of project construction, the applicant shall conduct testing of the
equipment and any applicable emergency communications antennas to ensure satisfactory
operations of the facility, identify any interference requiring mitigation, and implement
mitigation measures if needed. The applicant shall be strictly liable for interference caused
by the wireless communications facilities with the Town's emergency communications
systems. The operator shall be responsible for all labor and equipment costs for
Ordinance 587 Page 21
determining the source of the interference and all costs associated with eliminating the
interference (including but not limited to engineering analysis, filtering and installing
directional antennas).
D. As is required for other construction projects within the Town, the applicant shall defend,
indemnify, and hold harmless the Town of Los Altos Hills and its agents, officers, and
employees from any claim, action, or proceeding against the Town of Los Altos Hills or
its agents, officers, or employees to attack, set aside, void, or annul an approval of the
project to the extent such actions are brought within the time period required by
Government Code Section 66499.37 or other applicable law; provided, however, that the
Applicant's duty to so defend, indemnify, and hold harmless shall be subject to the Town's
promptly notifying the Applicant of any said claim, action, or proceeding and the Town's
full cooperation in the defense of such actions or proceedings.
E. The facility shall comply with the recommendations outlined in the project's reports. Not
later than thirty (30) days after installation and initial operation of the antenna facility, and
on or prior to January 1 st of each year thereafter, testing of radio frequency emissions shall
be conducted by qualified professionals for the purposes of determining compliance with
applicable FCC radio frequency emission standards. Reports of such testing shall be
provided in writing to the Planning Department, with comparison to applicable federal
emission standards. If at any time the emission levels are shown not to comply with Federal
standards, the Conditional Use Permit shall be scheduled for a revocation hearing before
the Planning Commission.
F. The operator of the site shall be responsible for repair or repainting of the proposed
facilities in case of vandalism or wear and must do so within 72 hours, of notice by the
Town that a complaint has been received.
G. The communications facility shall comply with the Town's noise ordinance at all times. If
the Town receives a complaint of excessive noise at the facility, then the applicant shall
perform an acoustical analysis of the ground equipment to demonstrate that noise emissions
from the equipment is at or below 40db at the property line.
H. The applicant shall not cause interference in the frequencies allocated as primary to the
amateur radio service and may be required to correct any and all future interference
problems experienced by other licensed services.
I. The applicant shall not place any facilities that will deny access to, or otherwise interfere
with, any public utility, easement, or right-of-way located on the site. The applicant shall
allow the Town reasonable access to, and maintenance of, all utilities and existing public
improvements within or adjacent to the site, including, but not limited to, pavement, trees,
public utilities, lighting and public signage.
At all times, all required notices and signs shall be posted on the site as required by the
FCC and California Public Utilities Commission, and as approved by the Town. The
location and dimensions of a sign bearing the emergency contact name and telephone
number shall be posted pursuant to the approved plans.
K. All conditions of approval shall be binding as to the applicant and all successors in interest
to applicant.
Ordinance 587 Page 22
L. A condition setting forth the permit expiration date shall be included in the conditions of
approval for all permits.
10-1.1311 Conditions of approval for facilities in the public right-of-way.
In addition to compliance with the requirements of this article, upon approval all facilities in the
public right-of-way shall be subject to each of the conditions of approval set forth in Section 10-
1.1310, each of the following conditions of approval, and any modification of these conditions or
additional conditions of approval deemed necessary by the reviewing authority. However, this
section shall not be construed as a basis to deny eligible facilities request made pursuant to
applicable provisions of the Middle Class Tax Relief and Job Creation Act of 2012.
A. The wireless telecommunications facility shall be subject to such conditions, changes or
limitations as are from time to time deemed necessary by the Town engineer for the purpose
of. (a) protecting the public health, safety, and welfare; (b) preventing interference with
pedestrian and vehicular traffic; and (c) preventing damage to the public right-of-way or
any property adjacent to it. The Town may modify the permit to reflect such conditions,
changes or limitations by following the same notice and public hearing procedures as are
applicable to the grant of a wireless telecommunications facility permit for similarly
located facilities, except the applicant shall be given notice by personal service or by
registered or certified mail at the last address provided to the Town by the applicant.
B. The applicant shall not move, alter, temporarily relocate, change, or interfere with any
existing structure, improvement or property without the prior consent of the owner of that
structure, improvement or property. No structure, improvement or property owned by the
Town shall be moved to accommodate a wireless telecommunications facility unless the
Town determines that such movement will not adversely affect the Town or any
surrounding businesses or residents, and the applicant pays all costs and expenses related
to the relocation of the Town's structure, improvement or property. Prior to
commencement of any work pursuant to an encroachment permit issued for any facility
within the public right-of-way, the applicant shall provide the Town with documentation
establishing to the Town's satisfaction that the applicant has the legal right to use or
interfere with any other structure, improvement or property within the public right-of-way
to be affected by applicant's facilities.
C. The applicant shall assume full liability for damage or injury caused to any property or
person by the facility.
D. The applicant shall repair, at its sole cost and expense, any damage including, but not
limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to
Town streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals,
improvements of any kind or nature, or utility lines and systems, underground utility line
and systems, or sewer systems and sewer lines that result from any activities performed in
connection with the installation or maintenance of a wireless telecommunications facility
in the public right-of-way. The applicant shall restore such areas, structures and systems to
the condition in which they existed prior to the installation or maintenance that necessitated
the repairs. In the event the applicant fails to complete such repair within the number of
days stated on a written notice by the Planning Director, the Planning Director shall cause
such repair to be completed at applicant's sole cost and expense.
Ordinance 587 Page 23
E. Prior to issuance of a building permit and before commencing any construction, the
applicant shall obtain the Planning Director's approval of a tree protection plan prepared
by a certified arborist if the installation of the wireless telecommunication facility will be
located within the canopy of a street tree, or a protected tree on private property, or within
a 10 -foot radius of the base of such a tree. Depending on site specific criteria (e.g., location
of tree, size, and type of tree, etc.), a radius greater than 10 feet may be required by the
Planning Director.
F. The applicant shall modify, remove, or relocate its facility, or portion thereof, without cost
or expense to the Town, if and when made necessary by:
1. Any public improvement project, including, but not limited to, the construction,
maintenance, or operation of any underground or aboveground facilities including, but
not limited to, sewers, storm drains, conduits, gas, water, electric or other utility
systems, or pipes owned by the Town or any other public agency;
2. Any abandonment of any street, sidewalk, or other public facility;
3. Any change of grade, alignment or width of any street, sidewalk or other public facility;
or
4. A determination by the Planning Director that the wireless telecommunications facility
has become incompatible with public health, safety or welfare or the public's use of
the public right-of-way.
G. Any modification, removal, or relocation of the facility shall be completed within 90 days
of written notification by the Town unless exigencies dictate a shorter period for removal
or relocation. Modification or relocation of the facility shall require submittal, review and
approval of a permit amendment pursuant to the Los Altos Hills Municipal Code. The
permittee shall be entitled, on permittee's election, to either a pro -rata refund of fees paid
for the original permit or to a new permit, without additional fee, at a location as close to
the original location as the standards set forth in the Los Altos Hills Municipal Code allow.
In the event the facility is not modified, removed, or relocated within said period of time,
the Town may cause the same to be done at the sole cost and expense of permittee. Further,
due to exigent circumstances as provided in the Los Altos Hills Municipal Code, the Town
may modify, remove, or relocate wireless telecommunications facilities without prior
notice to permittee provided permittee is notified within a reasonable period thereafter.
10-1.1312 Findings.
Where a wireless telecommunication facility requires a conditional use permit under this chapter,
the reviewing authority shall not approve any application unless, in addition to the findings
generally applicable to all conditional use permits, all of the following additional findings are
made:
A. The proposed facility complies with all applicable provisions of this chapter.
B. The proposed facility has been designed and located to achieve compatibility with the
community to the maximum extent reasonably feasible.
C. The applicant has submitted a statement of its willingness to allow other carriers to
collocate on the proposed wireless telecommunications facility wherever technically and
economically feasible and where collocation would not harm community compatibility.
Ordinance 587 Page 24
D. Noise generated by equipment will not be excessive, annoying nor be detrimental to the
public health, safety, and welfare and will not exceed the standards set forth, in this chapter.
10-1.1313 Emergency deployment.
In the event of a declared federal, state, or local emergency, or when otherwise warranted by
conditions that the Planning Director deems to constitute an emergency, the Planning Director may
approve the installation and operation of a temporary wireless telecommunications facility (e.g., a
cell -on -wheels or "COW"), which is subject to such reasonable conditions that the Planning
Director deems necessary.
10-1.1314 Operation and maintenance standards.
All wireless telecommunications facilities must comply at all times with the following operation
and maintenance standards.
A. All necessary repairs, restoration and graffiti removal 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
Planning Director.
B. All facilities, including, but not limited to, telecommunication towers, poles, accessory
equipment, fire protection 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 .
f:
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
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 Planning Director.
D. The applicant shall replace its facilities, after obtaining all required permits, 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
Ordinance 587 Page 25
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 Planning 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.
1. State or Federal Requirements. All wireless facilities, including ancillary equipment, must
meet or exceed current standards and regulations of the Federal Communications
Commission (FCC), the Federal Aviation Administration (FAA), and any other agency of
the State or Federal government with the authority to regulate wireless facilities. If such
standards and regulations are changed, then the operators of the wireless facility governed
by this article shall bring such facilities into compliance with such revised standards and
regulations within six months of the effective date of such standards and regulations, unless
a different compliance schedule is mandated by the controlling State or Federal agency.
Failure to bring permitted facilities into compliance with such revised standards and
regulations shall constitute grounds for the revocation of Town permit and require removal
of the small cell facility at the service provider's expense. This section shall not be
construed as a basis to deny eligible facilities request made pursuant to applicable
provisions of the Middle Class Tax Relief and Job Creation Act of 2012.
10-1.1315 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, roadside pathway or off-road pathway, 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, bicycle, equestrian 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, artwork other objects permitted at
or near said location.
10-1.1316 Permit expiration.
A Permit for any wireless telecommunications facility shall be valid for a period of 10 years, unless
the Planning Commission authorizes a longer period or pursuant to another provision of the Los
Altos Hills Municipal Code the permit lapses sooner or is revoked. At the end of such period, the
permit shall expire.
An applicant may apply for extensions of its permit in increments of no more than 10 years and
no sooner than 12 months prior to expiration of the permit. If a permit has not expired at the time
an application is made for an extension, the Planning Director may administratively extend the
term of the permit for subsequent 10 -year terms upon verification of continued compliance with
the findings and conditions of approval under which the application was originally approved, as
Ordinance 587 Page 26
well as any other applicable provisions of the Los Altos Hills Municipal Code that are in effect at
the time the permit extension is granted.
At the Planning Director's discretion, additional studies and information may be required of the
applicant. If the Planning Director determines that the facility is nonconforming or that additional
conditions of approval are necessary to bring the facility into compliance with the provisions of
the Los Altos Hills Municipal Code in effect at the time of permit expiration, the Planning Director
shall refer the extension request to the Planning Commission.
The request for an extension shall be decided by the Planning Commission if the permit expired
before the application is made for an extension or if the Planning Director refers the matter to the
Planning Commission. After notice and a public hearing, the Planning Commission may approve,
conditionally approve, or deny the extension.
10-1.1317 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 of
a permitted site or a nonconforming site (including unpermitted sites) within 10 days of ceasing or
abandoning use. Notwithstanding any other provision herein, the operator of the facility shall
provide written notice to the Planning Director of any discontinuation of operations of 30 days or
more.
10-1.1318 Removal and restoration, permit expiration, revocation or abandonment.
Upon the expiration date of the permit, including any extensions, earlier termination or revocation
of the permit 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.
Failure of the applicant, owner, or operator to promptly remove its facility and restore the property
within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment
of the facility, shall be a violation of the Los Altos Hills Municipal Code.
In the event the Planning Director or 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 Planning Director or 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.
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In the event the Town removes a facility in accordance with nuisance abatement procedures or
summary removal, any such removal shall be without any liability to the Town for any damage to
such facility that may result from reasonable efforts of removal. In addition to the procedures for
recovering costs of nuisance abatement, the Town may collect such costs from the performance
bond posted and to the extent such costs exceed the amount of the performance bond, collect those
excess costs in accordance with the Los Altos Hills Municipal Code. 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, or removed by the Town due to exigent circumstances.
10-1.1319 Effect on other ordinances.
Compliance with the provisions of this chapter shall not relieve a person from complying with any
other applicable provision of the Los Altos Hills Municipal Code, including, but not limited to,
obtaining any necessary encroachment or building permits. In the event of a conflict between any
provision of this chapter and other provisions of the Los Altos Hills Municipal Code, this chapter
shall control.
Ordinance 587 Page 28