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HomeMy WebLinkAbout83-23RESOLUTION 83-23 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING A WAIVER OF APPLICABLE APPLICATION PROCESSING FEES FOR PLANNING PERMITS REVIEW FOR FACILITIES PROPOSED BY LOS ALTOS HILLS COMMUNITY FIBER WHEREAS, the Town recently received information from its technology consultants and residents regarding the development of "community-based fiber optic networks" that have become an alternative option to deploy wireless telecommunication facilities and instead focus on the installation of a fiber optic network; and WHEREAS, a community-based fiber optic network typically proposes to connect to and utilize the existing primary fiber optic infrastructure installed by the major cellular providers or to construct their own conduits in the rights of way through application of encroachment permits with the Town in order to deploy fiber optic facilities; and WHEREAS, due to the scale and limited resources of these local community networks, alternate forms of data transmission, other than underground fiber-optic conduit system, may be used to allow the network to expand to non-contiguous neighborhoods to add subscribers and provide funding for the eventual installation of underground fiber in the entire area served by the community network system. Such alternative solutions may include above ground, point-to-point wireless transmission facilities that could be utilized for a limited time period until it is economically feasible to construct the underground fiber network; and WHEREAS, an example of such community network. within the Town is the Los Altos Hills Community Fiber ("LAHCF"), a non-profit community organization and mutual benefit corporation created under the laws of California, for the purposes of creating and deploying an affordable, high speed fiber optic Internet network for the Los Altos Hills community through a subscription approach; and WHEREAS, LAHCF has deployed or proposes to deploy small-scale, above ground, point-to- point wireless telecommunications facilities prior to deploying underground fiber network., which deployment is subject to the Town's Wireless Telecommunications Facilities Ordinance and would require LAHCF to apply for, and the Town to review and issue, Planning and/or Building Permits including but not limited to a Conditional Use Permit; and WHEREAS, as part of its operation as a non-profit community organization to expand internet and broadband connectivity and due to its resources limitation, LAHCF has submitted a request to the Town to waive applicable Planning application processing fees required by the Town to process and review Planning Permits to reduce the cost of applying for permits and the organization's ability to apply for and deploy its wireless telecommunications facilities; and WHEREAS, LAHCF's operation as a non-profit and mutual benefit corporation under California law and its proposal to deploy small-scale wireless telecommunications facilities in order to achieve its fiber-optic network construction goals have the effect of expanding Internet access, Resolution 83-23 Page 1 increase connectivity, and ultimately creating an affordable and high speed fiber network in the Town, thereby creating a public benefit for the Los Altos Hills community; and WHEREAS, the City Council desires to support the expansion of internet access, digital connectivity, and the development of affordable, high-speed fiber broadband network within the Town; and WHEREAS, the City Council has the discretion to waive application processing fees required by the Town to process and review Planning Permits for particular proposals creating a public benefit for the Town and constituting a public purpose; and WHEREAS, the City Council considered LAHCF's fee waiver request during a public meeting scheduled for September 21, 2023 and subsequently adjourned to September 28, 2023, at which time all interested parties were provided an opportunity to be heard; and WHEREAS, based on the foregoing and the record presented before it, the City Council desires to provide a fee waiver, for a limited duration of five (5) years from its decision, to LAHCF of applicable Planning application processing fees for Town Planning and/or any potential appeals submitted by LAHCF for applications to deploy LAHCF wireless telecommunication facilities and serving the public purpose of connectivity/broadband expansion as described in this Resolution. NOW, THEREFORE, the City Council of the Town of Los Altos Hills RESOLVES THAT: 1. The above Recitals are true, correct, and a part of this Resolution. 2. Action on a requested waiver for application processing fees is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15063(b)(3) as it can be seen with certainty that there is no possibility that such action may have a significant effect on the environment as no projects are being approved hereunder. 3. Based on the foregoing facts and the record presented before it, the City Council approves a fee waiver for a period of five (5) years from the effective date of this Resolution for applicable Planning application processing fees for Planning Permit reviews and potential appeals to the City Council as required by the Town for facilities proposed by LAHCF for future permit applications for the deployment and installation of its wireless telecommunications facilities and equipment. 4. The fee waiver granted by this Resolution is for a five-year duration as identified above and shall be limited to applicable application processing fees required by the Town for the review of applications for small-scale, above ground, point-to-point wireless telecommunications facilities submitted by LAHCF as described in this Resolution. This fee waiver does not relieve LAHCF from paying applicable state and federal governmental or regulatory fees that are applicable to its wireless telecommunications facilities and equipment. In addition, this Resolution does not constitute an approval of any specific project or a grant of any Planning entitlements or appeals and does not relieve LAHCF from complying with other applicable requirements under those permit application processes. Resolution 83-23 Page 2 5. The City Manager or the City Manager's designee, is authorized to take such other actions necessary to carry out the intent of this Resolution that does not further materially or substantially increase the Town's obligations. This Resolution takes effect immediately upon its adoption. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at an adjourned regular meeting held on the 28th day of September 2023 by the following vote: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None ABSENT: None t By Linda G. Swan, Mayor ATTEST: Deborah L. Padovan City Clerk Resolution 83-23 Page 3