ORD 682 ORDINANCE NO. 682
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, REPEALING
§17.76.020 (ANTENNAS) OF CHAPTER 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF
TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE AND REPLACING IT WITH CHAPTER
17.73 (WIRELESS TELECOMMUNICATION FACILITIES
ON PRIVATE PROPERTY)(CASE NO. PLCA2022-0008).
WHEREAS, §17.76.020 (Antennas) of the Rancho Palos Verdes Municipal Code
(RPVMC) regulates the placement of commercial and noncommercial antennas within
the City; and
WHEREAS, on April 11, 1983, Ordinance No. 166 was adopted to establish the
City's first antenna ordinance, codified as Chapter 17.41 of the RPVMC, to regulate the
development, design, and location of commercial antennas; and
WHEREAS, on April 5, 1988, Ordinance No. 226 was adopted to amend the
relevant code section to incorporate additional regulations consistent with the Federal
Communications Commission (FCC) and to govern satellite dish antennas; and
WHEREAS, on April 15, 1997, Ordinance No. 320 was adopted to amend and
reorganize numerous sections of Title 16 (Subdivision) and Title 17 (Zoning), which
included provisions for commercial, satellite, ham radio, and television antennas; and
WHEREAS, on March 22, 1999, Ordinance No. 345 amended RPVMC §17.76.020
to include provisions for regulating noncommercial amateur radio antennas; and
WHEREAS, on March 11, 2002, Ordinance No. 374U was adopted to amend
RPVMC §17.76.020(C)(3)(c)(ii) to limit the number of building-mounted noncommercial
amateur radio antennas and support structures which can be erected without a permit
from the City; and
WHEREAS, on November 15, 2011, Ordinance No. 529 was adopted to amend
RPVMC §17.76.'020(A)(11) to add two new requirements for commercial antenna
applications, including the submittal of photographic simulations and the installation of
mock-ups; and
WHEREAS, on October 20, 2020, Ordinance No. 638 was adopted to amend
RPVMC §17.76.020(C) and (D) to update the development standards for noncommercial
amateur radio antennas (commonly known as Ham Radios); and
111 WHEREAS, on October 4, 2022, the City Council authorized the initiation of code
amendment proceedings to consider amending Title 17 (Zoning) and adopted Ordinance
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No. 655U, to establish a temporary 45-day moratorium on the entitlement, establishment,
expansion or modification of antennas governed pursuant to RPVMC §17.76.020; and
WHEREAS, on November 15, 2022, the City Council adopted Ordinance No.
670U, to extend the moratorium period enacted by Interim Ordinance No. 655U by an
additional 10 months and 15 days, to allow Staff adequate time to research and prepare
code amendment proceedings to amend RPVMC §17.76.020; and
WHEREAS, on August 15, 2023, the City Council adopted Ordinance No. 673U,
to extend the moratorium period enacted by Interim Urgency Ordinance No. 655U and
Urgency Ordinance No. 670U by an additional year, to allow Staff adequate time to
research and prepare code amendment proceedings to amend RPVMC §17.76.020; and
WHEREAS, on September 27, 2018, the Federal Communications Commission
("FCC") commenced issuance of a series of new rulemaking decisions/regulations that
significantly limit state and local management of wireless telecommunications
installations. The Telecommunications Act, 47 U.S.C. § 332(c)(7)(B), preserves local
government zoning authority as it relates to location, siting and aesthetics, but limits local
regulations in three key ways: (1) a local ordinance may not unreasonably discriminate
among providers of functionally equivalent services; (2) a local ordinance may not prohibit
or effectively prohibit service; and (3) a local ordinance may not regulate based on
environmental impacts from radio frequency emissions; and
WHEREAS, this code amendment proposes to largely repeal the outdated
regulations in Section 17.76.020 and create a new Chapter 17.73 pertaining to the
regulation of wireless telecommunications facilities on private property. The new Chapter
17.73 is designed to (i) be consistent with the FCC, federal and state rules and
regulations, (ii) harmonize the City's land use development standards for private property
installations with Chapter 12.18 of Title 12 pertaining to right-of-way wireless installations,
and (iii) lawfully maintain the City's exercise of aesthetic control over wireless
telecommunications facilities; and
WHEREAS, the City seeks to reasonably regulate, to the extent permitted under
California and federal law, the installations, operations, collocations, modifications,
replacements and removals of various wireless telecommunications facilities ("WTFs") in
the city recognizing the benefits of wireless communications while reasonably respecting
other important city needs, including the protection of public health, safety, and welfare,
aesthetics and local values; and
WHEREAS, the overarching intent of the code amendment ("Project") is to make
wireless communications reasonably available while protecting scenic views and
preserving the unique semi-rural coastal character and aesthetics of the city's quality of
life. This will be realized by:
1. Minimizing the visual effects of WTFs through appropriate design, siting,
screening techniques and location standards;
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2. Encouraging the installation of visually unobtrusive WTFs at locations
where other such facilities already exist; and,
3. Encouraging the installation of such facilities where and in a manner such
that potential adverse aesthetic impacts to the community are minimized;
and,
WHEREAS, to allow the City to better preserve the established semi-rural
character, it is the intent to limit the duration of WTF permits to terms of ten years, and to
reevaluate existing WTFs at the end of each term for purposes of addressing updates or
improvements to the site as required by the current RPVMC provisions; and
WHEREAS, the City seeks to adopt reasonable regulations and procedures,
consistent with and subject to federal and California state law, for compliance with Section
6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act"),
Pub. L. 112-96, codified in Title 47 of the United States Code section 1455(a), and related
Federal Communications Commission regulations codified in Title 47 of the Code of
Federal Regulations section 1.40001 et seq; and
WHEREAS, to provide better aesthetic protections for the residents of the City,
updated permit types and processing procedures for WTFs are proposed, as well as new
code language for Over-the-Air Reception Devices (OTARDs); and
WHEREAS, the City seeks to adopt reasonable regulations and procedures,
consistent with FCC rules and regulations for OTARDs, that have been crafted to be
applied equally to similar appurtenances and without unreasonably delaying or increasing
the cost for the installation, maintenance or use while limiting impacts to neighboring
properties to the extent practicable;
WHEREAS, the Project was reviewed by the City's Community Development
Department and Planning Commission, and found consistent with the City's General Plan
and the RPVMC, among other things; and
WHEREAS,, on April 23, 2024, the Planning Commission conducted a duly-noticed
public hearing on this Ordinance and adopted P.C. Resolution No. 2024-12,
recommending that the City Council adopt the same, and finding the project exempt from
CEQA; and,
WHEREAS, on May 16, 2024, a notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing before the City Council on June 6,
2024 pursuant to the requirements of the RPVMC; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
01203 0015/985390 1 Ordinance No. 682
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Section 1. The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
A. The above recitals are true and correct and incorporated herein by this
reference.
Section 2. Section 17.76.020 (Antennas) of Chapter 17.76 (Miscellaneous
Permits and Standards) of Article VII (Development Application and Review) of Title 17
(Zoning) is repealed in its entirety.
Section 3. Chapter 17.73 (Wireless Telecommunication Facilities On Private
Property) of Article VII (Development Application and Review) of Title 17 (Zoning) is
added to read as shown at Exhibit "A".
Section 4. The City Council finds that pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 2100 et. seq. ("CEQA"), the
State's CEQA Guidelines, California Code of Regulations, Title 14, §15000 et. seq., the
City's Local CEQA Guidelines, and Government Code §65962.5(f) (Hazardous Waste
and Substances Statement), it has been determined that the proposed code amendment
is exempt from CEQA because (a) this proposed code amendment is not a project within
the meaning of CEQA§15378 because it has no potential for resulting in physical change
to the environment, either directly or indirectly; (b) this proposed code amendment is also
exempt pursuant to CEQA §15061(b)(3) since the proposed ordinance involves an code
amendment and does not have the potential to significantly impact the environment; and
(c) as the code amendment is an administrative procedure related to uses, facilities, and
regulations identified in the RPVMC and General Plan, and given that the proposed
Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of
affected improvements, will not impact a sensitive environmental resource of hazardous
or critical concern; (ii) will not have a cumulative impact on the environment through
successive projects of the same type, in the same place, over time; (iii) does not have
any unusual circumstances that will have a significant effect on the environment; (iv) does
not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not
adversely impact a historical resource. Installations, if any, would further be exempt from
CEQA review in accordance with either State CEQA Guidelines Section 15302
(replacement or reconstruction), State CEQA Guidelines Section 15303 (new
construction or conversion of small structures), and/or State CEQA Guidelines Section
15304 (minor alterations to land).
Section 5. Severability. If any section, subsection, subdivision,, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remainder of this
ordinance. The City Council hereby declares that it would have adopted this ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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Section 6. The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further certify
to the adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered in the Book of Ordinances of the
Council of this City of Rancho Palos Verdes.
Section 7. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
on this 18th day of June 2024.
John Okshank, Mayor
ATTEST:
resa 1k1tlerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 682 passed first reading on June 4, 2024, was duly and regularly adopted
by the City Council of said City at a regular meeting thereof held on June 18, 2024, and
that the same was passed and adopted by the following roll call vote:
AYES: Alegria, Bradley, Ferraro, Seo, Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAIN: None
� G
City Clerk
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01203.0015/985391.4 Ordinance 682
Exhibit A
Page 1 of 42
Exhibit “A”
(Currently Section 17.76.020 “Commercial Antennas”)
Proposed New Chapter 17.73
WIRELESS TELECOMMUNICATIONS FACILITIES ON PRIVATE PROPERTY
17.73.010 Purpose.
17.73.020 Definitions.
17.73.030 Standards generally applicable to all wireless telecommunications facilities.
17.73.040 Application content.
17.73.050 Independent consultant review.
17.73.060 Collocation and modification standards.
17.73.070 Exemptions to prevent an effective prohibition.
17.73.080 Compliance report.
17.73.090 Maintenance.
17.73.100 Amortization of nonconforming facilities.
17.73.110 Permit extensions.
17.73.120 Temporary wireless facilities.
17.73.130 Revocation.
17.73.140 Decommissioned or abandoned wireless telecommunications facilities.
17.73.150 Wireless telecommunications facilities removal or relocation.
17.73.160 [Reserved]
17.73.170 Compliance obligations.
17.73.180 Conflicts with prior ordinances.
17.73.190 Duty to retain records.
17.73.200 Severability.
17.73.210 Wireless telecommunications facilities on private property.
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Exhibit A
Page 2 of 42
17.73.220 Eligible wireless telecommunications facilities.
17. 73.230 Amateur radio facilities.
17. 73.240 Over-the-air reception devices.
17.73.010 - Purpose.
A. The purpose of this chapter is to reasonably regulate, to the extent permitted under
California and federal law, the installations, operations, collocations, modifications,
replacements and removals of various wireless telecommunications facilities (“WTFs”) on
private property in the city recognizing the benefits of wireless telecommunications while
reasonably respecting other important city needs, including the protection of public health,
safety, and welfare, aesthetics and local values.
B. The overarching intent of this chapter is to make wireless telecommunications reasonably
available while protecting scenic views and preserving the semi-rural character and
aesthetics of the city. This will be realized by:
1. Minimizing the visual and physical effects of WTFs through appropriate design,
siting, screening techniques and location standards;
2. Encouraging the installation of visually unobtrusive WTFs at locations where other
such facilities already exist; and
3. Encouraging the installation of such facilities where and in a manner such that
potential adverse aesthetic impacts to the community are minimized.
C. To allow the city to better preserve its semi-rural and unique character, it is the intent to
limit the duration of WTF permits, in most cases, to terms of ten years, and to reevaluate
existing WTFs at the end of each term for purposes of further minimizing aesthetic impacts
on the community.
D. It is not the purpose or intent of this chapter to:
1. Prohibit or to have the effect of prohibiting wireless telecommunications services;
or
2. Unreasonably discriminate among providers of functionally equivalent wireless
telecommunications services; or
3. Regulate the placement, construction or modification of WTFs on the basis of the
environmental effects of radio frequency (“RF”) emissions where it is demonstrated
that the WTF does or will comply with the applicable FCC regulations; or
4. Prohibit or effectively prohibit collocations or modifications that the city must
approve under state or federal law.
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Exhibit A
Page 3 of 42
E. The provisions in this chapter shall apply to all permit applications to install, operate or
change, including, without limitation, to collocate, modify, replace or remove, any new or
existing wireless tower or base station within the city.
F. Nothing in this chapter is intended to allow the city to preempt any state or federal law or
regulation applicable to a WTF.
G. The provisions of this chapter are in addition to, and do not replace, any obligations a WTF
permit holder may have under any franchises, licenses, or other permits issued by the city.
17.73.020 - Definitions.
For the purpose of this chapter, the words and phrases in this chapter shall be defined as defined
at section 12.18.020 Wireless Telecommunication Facilities in the Public Right -of-Way. In
addition, the following definitions shall apply to this Chapter:
“Antenna” means that specific device for transmitting and/or receiving radio frequency or other
signals for purposes of wireless telecommunications services. "Antenna" is specific to the antenna
portion of a wireless telecommunications facility
“Antenna height” means the distance from the grade of the property at the base of the antenna or,
in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the
highest point of the antenna and it associated support structure when fully extended.
“City-owned structure” without limitation means any pole, building, facility, transportation or
traffic sign or other structure owned by the city.
“CPUC” means the California Public Utilities Commission or its successor agency.
“Director” means the Community Development Director or their designee.
“Eligible facility permit” or “EFP” means a permit for an eligible facilities request that meets the
criteria found in section 17.73.220.
“Mock-up” means a temporary, full-sized, structural model built to scale chiefly for study, testing,
or displaying a wireless telecommunications facility. It is nonfunctional and has no power source.
“Nonresidential zone” means any zoning district other than the RS, single-family residential zone,
or RM, multifamily residential zone.
“OTARD antenna” means antennas covered by the “over-the-air reception devices” rule in 47
C.F.R. Section 1.4000 et seq., as may be amended.
“Private property” means any property owned by a private individual or entity, including
government owned property such as any property owned in fee by the city or dedicated for public
use (i.e. parks).
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Exhibit A
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“Screening” means the effect of locating an antenna behind a building, wall, facade, fence,
landscaping, berm, and/or other specially designed device so that view of the antenna from
adjoining and nearby public street rights-of-way and private properties is eliminated or minimized.
“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 “[f]or 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.”
“Unconcealed” means a wireless telecommunications facility that is not a concealed facility and
has no or effectively no camouflage techniques applied such that the wireless telecommunications
facility and/or accessory equipment is plainly obvious to the observer.
“Wireless facilities provider” means an entity utilized by a wireless service provider to construct
and/or operate the wireless service provider’s wireless facility.
“Wireless facility permit, administrative” or “AWFP” means any new facility or collocation or
modification to an existing facility that is concealed in a nonresidential zone and integrated into
the facade and design of an existing structure or building. If on an existing utility pole in a
nonresidential zone, the facility must be integrated into the pole, well designed, and does not
substantially change the appearance of the pole as determined by the director.
“Wireless facility permit, conditional” or “CWFP” means any new facility, collocation, or
modification to an existing facility on private property that is unconcealed, located in a less
preferred location, unconcealed in a preferred location, or does not meet the criteria for either an
administrative wireless facility permit or an eligible facility permit.
“Wireless service provider” means the FCC licensed or authorized entity actually offering wireless
services to the public.
“WTF” means wireless telecommunications facility as defined by section 12.18.020.
17.73.030 - Standards generally applicable to all wireless telecommunications facilities.
A. Height Restrictions.
1. No tower or antenna of any wireless telecommunications facility shall exceed the
zone height limit of the zone upon which the wireless telecommunications facility
is located, unless otherwise approved pursuant to section 17.73.070.
2. The height limitations in subsections (A)(1) of this section are subject to
preemption pursuant to 47 U.S.C. Section 14000.
B. Installation of WTFs. Prior to the installation of a new wireless telecommunications facility
or a modification or collocation to an existing wireless telecommunications facility that
does not constitute an “eligible facilities request” nor qualify for an eligible facility permit,
01203.0015/985391.4 Ordinance 682
Exhibit A
Page 5 of 42
the owner, or occupant with written permission from the owner of the lot, premises, parcel
of land or building on which a wireless telecommunications facility is to be located shall
first obtain a conditional wireless facility permit or administrative wireless facility permit
from the city pursuant to this chapter.
C. Installation of Eligible Facilities. Unless specifically exempt by federal or state law, all
applications for the installation of wireless telecommunications facilities that constitute
“eligible facilities requests” require the approval of an eligible facility permit as described
in section 17.73.220 prior to construction of such eligible facility.
D. Exempted Facilities. This chapter does not apply to the following:
1. Amateur radio facilities;
2. Over-the-air reception devices (OTARD) antennas, up to three on a property;
3. Facilities owned and operated by the city for its use; or
4. Any entity legally entitled to an exemption pursuant to state or federal law or
governing franchise agreement, excepting that to the extent such the terms of state
or federal law, or franchise agreement, are preemptive of the terms of this chapter,
then the terms of this chapter shall be severable to the extent of such preemption
and all remaining regulations shall remain in full force and effect. Nothing in the
exemption shall apply so as to preempt the city's valid exercise of police powers
that do not substantially impair franchise contract rights;
E. Required Permits. All proposed facilities and collocations or modifications to facilities
governed under this chapter shall be subject to either a conditional wireless facility permit
or an administrative wireless facility permit from the city, unless exem pted from this
chapter as an eligible facility permit under section 17.73.220.
1. Conditional Wireless Facility Permit.
a. A conditional wireless facility permit is required for any new facility
or collocation or modification to an existing facility located on
private property as follows:
i. All facilities in less preferred locations, as defined in section
17.73.210(C)(1)(b);
ii. All unconcealed facilities in preferred locations, as defined
in section 17.73.210(C)(1)(a); and
iii. All other facilities that do not meet the criteria for either an
administrative wireless facility permit described herein or an
eligible facility permit described in section 17.73.220.
01203.0015/985391.4 Ordinance 682
Exhibit A
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b. Approval of a conditional wireless facility permit for a wireless
telecommunications facility shall be subject to the following:
i. All standards and regulations contained in section
17.73.210, and any amendments or modifications to the
facility as approved by resolution of the planning
commission at a noticed public hearing;
ii. No wireless communications facility proposed within two
hundred feet from any dwelling lawfully used or approved
for a residential use may not be approved unless the
proposed facility meets all of the following criteria:
A. All accessory equipment associated with the
proposed wireless communications facility is placed
underground, unless otherwise approved by the
planning commission;
B. The proposed wireless communications facility is
located a minimum of two hundred feet from any
other wireless communications facility, unless
otherwise approved pursuant to section 17.73.220.
c. A wireless telecommunications facility application must include all
of the contents described in section 17.73.040.
d. All decisions for a wireless telecommunications facility must be in
writing and contain the reasons for approval or denial.
e. All approved or deemed-approved wireless telecommunications
facilities shall be subject to all the conditions imposed by the
planning commission.
f. Noticing requirements and appeal provisions shall follow the
procedures described in chapter 17.80 (Hearing Notice and Appeal
Procedures).
2. Administrative Wireless Facility Permit.
a. An administrative wireless facility permit is required for any new
facility or collocation or modification to an existing facility as
follows:
i. All concealed facilities in a nonresidential zone that are
integrated into the facade and design of an existing building;
ii. All concealed facilities on an existing structure, other than a
utility pole, in a nonresidential zone;
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Exhibit A
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iii. Wireless telecommunication accessory equipment that is
incidental to and part of the provision of a public utility,
including electrical power, gas, and sewerage, in accordance
with a franchise agreement with the city.
b. Approval of an administrative wireless facility permit shall be
subject to the following:
i. A wireless telecommunications facility application must
include all of the contents described in section 17.73.040.
ii. All standards and regulations described in sections
17.73.050 and 17.73.210, and any amendments or
modifications to the facility as approved by the director.
iii. No concealed wireless telecommunications facility proposed
within two hundred feet from any dwelling used or approved
for a residential use may be permitted unless the proposed
facility meets all of the following criteria:
A. All non-antenna accessory equipment associated
with the proposed wireless telecommunications
facility is placed underground or concealed into the
facade or design of a building;
B. No individual antenna on the proposed wireless
telecommunications facility exceeds three cubic feet
in volume;
C. The cumulative antenna volume on any single pole
does not exceed nine cubic feet; and
D. For facilities not concealed within a building, the
proposed wireless telecommunications facility must
be located a minimum of two hundred feet from any
other wireless telecommunications facility located
along the same side of a street, unless the existing
facility is concealed into the facade or design of a
building, and a minimum of two hundred feet from
any street intersection.
c. All approved or deemed-approved wireless telecommunications
facilities shall be subject to all the conditions imposed by the
director.
d. All decisions for an administrative wireless facility permit must be
in writing and contain the reasons for approval or denial. Notice
of said decision shall be given to the applicant and to all owners
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Exhibit A
Page 8 of 42
of real property adjacent to subject property. Notice of denial shall
be given to the applicant, as well as any persons who have
requested notice for these the subject permit, pursuant to section
17.80.090(E).
e. An interested person may appeal the director’s decision to the
planning commission and the planning commission decision to the
city council pursuant to chapter 17.80 (Hearing Notice and Appeal
Procedures) of this title.
17.73.040 Application content.
A. The director shall develop and publish, and from time-to-time modify and republish, an
application or applications to be used to apply for permits or extensions thereof.
B. At a minimum, the director shall include in every application the following information:
1. Legal Description. A legal description of the property where the wireless
telecommunications facility is to be installed.
2. Radius Map and Certified List. A radius map and a certified list of the names and
addresses of all property owners within five hundred feet of the exterior boundaries
of the property involved, as shown on the latest assessment roll of the county
assessor. The radius map and certified list may be reduced for AWFP and EFP
applications at the discretion of the director.
3. Plot Plan. A plot plan of the lot, premises or parcel of land showing the exact
location of the proposed wireless telecommunications facility (including all related
accessory equipment and cables), exact location and dimensions of all buildings,
parking lots, walkways, trash enclosures, and property lines.
4. Elevations and Roof Plan. Building elevations and roof plan (for building- and/or
rooftop-mounted facilities) indicating exact location and dimensions of accessory
equipment proposed. For freestanding facilities, indicate surrounding grades,
structures, and landscaping from all sides.
5. Screening. Proposed landscaping and/or nonvegetative screening (including
required safety fencing) plan for all aspects of the facility.
6. Manufacturer’s Specification. Manufacturer’s specifications, including installation
specifications, exact location of cables, wiring, materials, color, and any support
devices that may be required.
7. Visual Impact Letter. Written documentation demonstrating a good faith effort to
locate the proposed facility in the least intrusive location and concealed and
screened to the greatest extent feasible in accordance with the site selection and
visual impact criteria of section 17.73.210 and if applicable, the extent to which the
01203.0015/985391.4 Ordinance 682
Exhibit A
Page 9 of 42
proposed antenna assembly significantly impairs a view, as defined in section
17.02.040 (View Preservation and Restoration) of the development code;
8. Reasonable Efforts to Collocate Required. Applicants proposing new wireless
telecommunications facilities must demonstrate that reasonable efforts have been
made to locate on existing facilities. The applicant must provide written
documentation of all efforts to collocate the proposed facility on an existing facility,
or antenna mounting structure, including copies of letters or other correspondence
sent to other carriers or tower owners requesting such location and any responses
received. This should include all relevant information as applicable regarding
existing towers or base stations in the area, topography, signal interference, signal
propagation and available land zoning restrictions.
9. Photographs and Photo Simulations. Photographs and photo simulations that show
the proposed facility in context of the site from reasonable line -of-sight locations
from public streets or other adjacent viewpoints, together with a map that shows
the photo location of each view angle, as deemed acceptable by the director.
10. Master Plan. If required by the City, a master plan which identifies the location of
the proposed facility in relation to all existing and potential facilities maintained by
the wireless service provider intended to serve the city. The master plan shall reflect
all potential locations that are reasonably anticipated for construction within two
years of submittal of the application. Applicants may not file, and the city shall not
accept, applications that are not consistent with the master plan for a period of two
years from approval of a conditional wireless facility permit or administrative
wireless facility permit unless: (a) the applicant demonstrates materially changed
conditions which could not have been reasonably anticipated to justify the need for
a wireless telecommunications facility site not shown on a master plan submitted
to the city within the prior two years, or (b) the applicant establishes before the
planning commission that a new wireless telecommunications facility is necessary
to close a significant gap in the applicant’s service area, and the proposed new
installation is the least intrusive means to do so.
11. Alternative Analysis. If required by the City, a siting analysis which identifies a
minimum of five other feasible locations within or outside the city which could
serve the area intended to be served by the facility, unless the applicant provides
compelling technical reasons for providing fewer than the minimum. The
alternative site analysis should include at least one collocation site, if feasible.
12. Noise Study. If requested by the City, a noise study prepared and certified by an
acoustical engineer licensed by the state of California for the proposed facility and
all accessory including all environmental control units, sump pumps, temporary
backup power generators, and permanent backup power generators demonstrating
compliance with the city’s noise regulations. The noise study must also include an
analysis of the manufacturers’ specifications for all noise-emitting equipment and
a depiction of the proposed accessory equipment relative to all adjacent property
lines. In lieu of a noise study, the applicant may submit evidence from the
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equipment manufacturer that the ambient noise emitted from all the proposed
accessory equipment will not, both individually and cumulatively, exceed a one dba
increase over ambient noise levels as measured from the property line of any
residential property. Within residential zones and properties adjacent to residential
zones, soundproofing measures shall be used to reduce noise caused by the
operation of a wireless telecommunications facility and all accessory equipment to
a level which would have a no-net increase in ambient noise level as measured from
the property line of any residential property.
13. Certificate of Public Convenience and Necessity. Certification that applicant is a
telephone corporation or a statement providing the basis for its claimed right to
install WTFs in the city. If the applicant has a certificate of public convenience and
necessity (CPCN) issued by the California Public Utilities Commission, it shall
provide a true and complete copy of its CPCN.
14. Mock-Up. A mock-up including all proposed antenna structures, antennas, cables,
hardware and related accessory equipment shall be constructed at least fifteen
consecutive calendar days, for 24 hours a day, prior to a public hearing, in order for
the planning commission or the director to assess aesthetic impacts to surrounding
land uses and public rights-of-way. Said mock-up shall remain in place until
completion of any appeal process and shall be removed within 7 calendar days of
any final decision. This requirement may be waived by the director.
a. Installation of a mock-up can occur prior to submittal of a formal
application; provided, that the director has reviewed the plans for
the mock-up. and approved or conditionally approved a Site Plan
Review Permit. Prior to installation of a mock-up, the applicant shall
provide notice to all residents and homeowners within five hundred
feet of the proposed mock-up at least forty-eight hours in advance.
Said notice shall be provided to the director for review and approval
prior to issuance of the notice.
b. Mock-ups shall be required for all proposed wireless
communication facilities, except for collocations that do not
represent a major modification to visual impact as defined in
17.73.210. For proposed rooftop or ground-mounted antennas, a
temporary mast approximating the dimensions of the proposed
facility shall be raised at the proposed antenna/mast location. For
proposed new telecommunications towers the applicant will be
required to raise a temporary mast at the maximum height and at the
location of the proposed tower. At minimum, the onsite
demonstration structure shall be in place prior to the first public
hearing to consider project approval, on at least two weekend days
and two weekdays between the hours of eight a.m. to six p.m., for a
minimum of ten (10) hours each day. A project description,
including photo simulations of the proposed facility, shall be posted
at the proposed project site, in a location upon where members of
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the public may view said description and photos, for the duration of
the mock-up display. The director may release an applicant from the
requirement to conduct on-site visual mock-ups upon a written
finding that in the specific case involved, said mock-ups are not
necessary to process or make a decision on the application and
would not serve as effective public notice of the proposed facility.
15. RF Exposure Compliance Report. An RF exposure compliance report prepared and
certified by a licensed RF engineer that certifies that the proposed facility, as well
as any collocated facilities, will comply with applicable federal RF exposure
standards and exposure limits. The RF report must include the actual frequency and
power levels (in watts effective radio power (ERP)) for all existing and proposed
antennas at the site and exhibits that show the location and orientation of all
transmitting antennas and the boundaries of areas with RF exposures in excess of
the uncontrolled/general population limit. Each such boundary shall be clearly
marked and identified for every transmitting antenna at the project site.
16. Written Authorization from Property Owner Required. Every applicant applying
for authorization to construct, modify, or remove a wireless telecommunications
facility located on private property must include with its application a written
authorization signed by the owner of the property.
17. Other Information. Any other information as deemed necessary by the city in order
to consider an application for a wireless telecommunications facility.
18. Fees. The application shall be accompanied by the appropriate fee in an amount as
established by resolution of the city council.
19. Community Meeting. In addition to any other action otherwise required by law
pertaining to the processing of a conditional wireless facility permit application, the
applicant for which such review is being sought shall take all of the following
actions if required by the City:
a. Send written notice to both the owner(s) of real property, as shown
on the latest equalized assessment roll, within five hundred feet of
the proposed wireless telecommunications facility and the city
planning department, of the pendency of the filing of such an
application, including with such notice copies of preliminary
drawings of the proposed project at a scale no smaller than one
inch equals sixteen feet. No application for neighborhood review
will be accepted as complete unless it contains evidence
acceptable to the director that such notice has been sent.
b. Hold a community meeting at least four weeks before the date of the
planning commission meeting at which the application will be
heard, and invite the persons entitled to notice pursuant to
subsection (B)(19)(a) of this section to attend such meeting to
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discuss the proposed application. The community meeting shall be
held on a nonholiday weekend or during daylight hours and before
nine a.m. or after five p.m. on a weekday. The meeting shall be
held at the subject site; provided, however, that if the occupancy
of the subject site by a tenant or physical conditions at the subject
site make it unsafe or infeasible to provide a table and chairs at the
subject site, the meeting may be held at another location within the
city. The mock-up of the proposed project shall be erected at the
subject site before the meeting. The primary location and all
alternative sites shall be presented to the community as well as the
reasons for the selection of the primary location. Notice of the
date, time and place of such meeting shall be sent at least seven
days before the meeting and shall be filed with the planning
department.
c. If the hearing on the application is continued by the planning
commission, the applicant is encouraged, but not required, to hold
a further meeting with the persons entitled to notice pursuant to
(a) of this subsection at least one week prior to the continued
hearing.
d. If a meeting pursuant to subsection (B)(19)(b) of this section results
in any modifications to the project prior to the planning
commission hearing on the project, the applicant shall (1) notify
the director of the proposed modifications, and (2) explain to the
planning commission at the hearing on the matter any discrepancy
between the project as proposed in the notice sent pursuant to
subsection (B)(19)(a) of this section and the project as presented
to the planning commission.
e. A community meeting may be required at the discretion of the
director for an application for an administrative wireless facility
permit or an eligible facility permit.
C. Appeals. No decision on any wireless telecommunications facility application shall be
considered final until and unless all appeals have been taken or are time-barred.
D. Effect of State or Federal Law Change. In the event a subsequent state or federal law
prohibits the collection of any information described herein, the director is authorized to
omit, modify or add to that request from the city’s application form.
17.73.050 Independent consultant review.
A. Authorization. The city council authorizes the director to, in his or her discretion, select
and retain an independent consultant with expertise in telecommunications satisfactory to
the director in connection with any permit application.
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B. Scope. The director may require the independent consultant to review and comment on any
issue that involves specialized or expert knowledge in connection with the application.
Such issues may include, but are not limited to:
1. Permit application completeness or accuracy;
2. Planned compliance with applicable federal RF exposure standards;
3. Whether and where a significant gap exists or may exist, and whether such a gap
relates to service coverage or service capacity;
4. Whether technically feasible and potentially available alternative locations and
designs exist;
5. The applicability, reliability and sufficiency of analyses or methodologies used by
the applicant to reach conclusions about any issue within this scope; and
6. Any other application issue or element that requires expert or specialized
knowledge.
C. Deposit. The applicant must pay for the cost of any review required under subsection (B)
of this section and for the technical consultant’s testimony in any hearing as requested by
the director and must provide a reasonable advance deposit of the estimated cost of such
review with the city prior to the commencement of any work by the technical consultant.
The applicant must provide an additional advance deposit to cover the consultant’s
testimony and expenses at any meeting where that testimony is requested by the director.
Where the advance deposit(s) are insufficient to pay for the cost of such review and/or
testimony, the director shall invoice the applicant who shall pay the invoice in full within
ten calendar days after receipt of the invoice. No permit shall issue to an applicant where
that applicant has not timely paid a required fee, provided any required deposit or paid any
invoice as required in the code.
17.73.060 Collocation and modification standards.
The modification or collocation of wireless facilities, not subject to the provisions of section
17.73.220, shall be denied if any of the following will occur:
A. 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. The proposed collocation or modification would defeat or diminish the existing
concealment elements of the support structure as determined by the director;
C. The proposed collocation or modification violates any section of this Chapter, or any prior
condition of approval for the site;
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D. If the site is not presently concealed, the proposed collocation or modification does not
provide for camouflage.
17.73.070 Exemptions to prevent an effective prohibition.
All requests granted under this chapter are subject to review and consideration by the planning
commission. The applicant always bears the burden to demonstrate why an exemption should be
granted. An applicant seeking an exemption under this section on the basis that a permit denial
would actually or effectively prohibit the provision of the telecommunications service to be
provided by the wireless telecommunications facility must demonstrate by clear and convincing
evidence that all alternative designs and locations are either technically infeasible or not available.
17.73.080 Compliance report.
A. Within thirty days after installation or modification of a WTF, the applicant shall deliver
to the director a written report that demonstrates that its WTF as constructed and normally
operating fully complies with the conditions of the permit, including height restrictions and
applicable safety codes, including structural engineering codes. The demonstration shall
be provided in writing to the director containing all technical details to demonstrate such
compliance and certified as true and accurate by qualified professional engineers, or, in the
case of height or size restrictions, by qualified surveyors. This report shall be prepared by
the applicant and reviewed by the city at the sole expense of the applicant, which shall
promptly reimburse the city for its review expenses. The director may require additional
proofs of compliance as part of the application process and on an ongoing basis to the
extent the city may do so consistent with federal law.
B. If the initial report required by this section shows that the WTF does not so comply, the
permit shall be deemed suspended, and all rights thereunder of no force and effect, until
the applicant demonstrates to the city’s satisfaction that the WTF is compliant. Applicant
shall promptly reimburse the city for its compliance review expenses.
C. If the initial report required by this section is not submitted within the time required, the
city may, but is not required to, undertake such investigations as are necessary to prepare
the report described in subsection A of this section. Applicant shall within five days after
receiving written notice from the city that the city is undertaking the review, deposit such
additional funds with the city to cover the estimated cost of the city obtaining the report.
Once said report is obtained by the city, the city shall then timely refund any unexpended
portion of the applicant’s deposit. The report shall be provided to the applicant. If the report
shows that the applicant is noncompliant, the city may suspend the permit until the
applicant demonstrates to the city’s satisfaction that the WTF is compliant. During the
suspension period, the applicant shall be allowed to activate the WTF for short periods, not
to exceed one hundred twenty minutes during any twenty-four-hour period, for the purpose
of testing and adjusting the site to come into compliance.
D. If the WTF is not brought into compliance promptly, the city may revoke the permit and
require removal of the WTF.
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17.73.090 Maintenance.
The site and the facility, including but not limited to all landscaping, fencing and related accessory
equipment, must be maintained in a neat and clean manner and in accordance with all approved
plans and conditions of approval.
17.73.100 Amortization of nonconforming facilities.
A. Any nonconforming facilities in existence at the time this chapter becomes effective must
be brought into conformance with this chapter in accordance with the amortization
schedule in this section. As used in this section, the “fair market value” will be t he
construction costs listed on the building permit application for the subject facility and the
“minimum years” allowed will be measured from the date on which this chapter becomes
effective.
Fair Market Value on Effective Date Minimum Years Allowed
Less than $50,000 5
$50,000 to $500,000 10
Greater than $500,000 15
B. The director may grant a written extension to a date certain not greater than one year when
the facility owner shows (1) a good faith effort to cure nonconformance, and (2) extreme
economic hardship would result from strict compliance with the amortization schedule.
Any extension must be the minimum time period necessary to avoid such extreme
economic hardship. The director must not grant any permanent exemption from this
section.
C. Nothing in this section is intended to limit any permit term to less than ten years. In the
event that the amortization required in this section would reduce the permit term to less
than ten years for any permit granted on or after December 1, 2023, then the minimum
years allowed will be automatically extended by the difference between ten years and the
number of years since the city granted such permit. Nothing in this section is intended or
may be applied to prohibit any collocation or modification covered under Section 6409
pursuant to section 17.73.220 on the basis that the subject wireless telecommunications
facility is a legal nonconforming facility.
17.73.110 Permit extensions.
An existing wireless telecommunications permit that is subject to term expiration may be extended
for an additional ten-year term upon the following conditions:
A. Every application for an extension shall be:
1. Made on the extension application form provided by the city; and
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2. Accompanied by a fee in an amount as established by resolution of the city council.
B. The extension application shall be developed and revised from time to time at the director’s
discretion. The extension application shall at a minimum require the following:
1. The identification of the wireless site requested to be extended; and
2. A true and complete copy of all city-issued permits for the site including any
collocations at the site.
C. The extension application shall be approved by the director only upon the following
mandatory showings:
1. That the site as it exists at the time the extension application is tendered is in all
respect compliant with all applicable city permits for the site, including
collocations; and
2. If the site as it exists at the time the extension application is tendered would be
approvable consistent with the city’s code in existence at that time.
17.73.120 Temporary wireless facilities.
A. Temporary wireless facilities, also known as a cell-on-wheels (“COW”), site-on-wheels
(“SOW”), cell-on-light-trucks (“COLT”), or other similarly portable wireless
telecommunications facilities not permanently affixed to the land, may be placed and
operated within the city with a special use permit approved by the director.
B. By placing a temporary wireless facility pursuant to this section the entity or person placing
the temporary wireless facility agrees to and shall defend, indemnify and hold harmless the
city, its agents, officers, officials, employees and volunteers from any and all damages,
liabilities, injuries, losses, costs and expenses and from any and all claims, demands,
lawsuits, writs and other actions or proceedings (“claims”) brought against the city or its
agents, officers, officials, employees or volunteers for any and all claims of any nature
related to the installation, use, nonuse, occupancy, removal, and disposal of the temporary
wireless facility.
C. The temporary wireless facility shall prominently display upon it a legible notice
identifying the entity responsible for the placement and operation of the temporary wireless
facility, along with the notice of decision for the special use permit.
D. Any temporary wireless facilities placed pursuant to this section must be removed prior to
or at the expiration of the special use permit. In addition, the temporary wireless facilities
must be removed or relocated within one hour if required for public safety reasons by law
enforcement, fire or public safety officials. In the event that the temporary wireless facility
is not removed or relocated as required in this section, the city may at its sole election
remove and store or remove and dispose of the temporary wireless facility at the sole cost
and risk of the person or entity placing the temporary wireless facility.
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E. Should there be an emergency such that temporary wireless facility is needed immediately
to restore service, any person or entity that places temporary wireless facilities pursuant to
this section must send the director or city manager an email notice or deliver a written
notice by hand within thirty minutes of the placement that identifies the emergency, impact
to service or operations, site location of the temporary wireless facility and person
responsible for its operation. Said notice shall be followed by a written notice and special
use permit application delivered within twelve hours to the director or city manager via
prepaid U.S. mail first overnight delivery, such as U.S. Postal Express Mail or its
equivalent. Should the special use permit be denied, the temporary wireless facility must
be removed immediately.
17.73.130 Revocation.
A. Grounds for Revocation. A permit granted under this chapter may be revoked for
noncompliance with any enforceable permit, permit condition or law provision applicable
to the facility.
B. Revocation Procedures.
1. When the director finds reason to believe that grounds for permit revocation exist,
the director shall send written notice by certified U.S. mail, return receipt requested,
to the permittee at the permittee’s last known address that states the nature of the
noncompliance as grounds for permit revocation. The permittee shall have a
reasonable time from the date of the notice, but no more than thirty days unless
authorized by the director, to cure the noncompliance or show that no
noncompliance ever occurred.
2. If after notice and opportunity to show that no noncompliance ever occurred or to
cure the noncompliance, the permittee fails to cure the noncompliance, the city
council shall conduct a noticed public hearing to determine whether to revoke the
permit for the uncured noncompliance. The permittee shall be afforded an
opportunity to be heard and may speak and submit written materials to the city
council. After the noticed public hearing, the city council may revoke or suspend
the permit when it finds that the permittee had notice of the noncompliance and an
enforceable permit, permit condition or law applicable to the facility. Written notice
of the city council’s determination and the reasons therefor shall be dispatched by
certified U.S. mail, return receipt requested, to the permittee’s last known address.
Upon revocation, the city council may take any legally permissible action or
combination of actions necessary to protect public health, safety and welfare.
17.73.140 Decommissioned or abandoned wireless telecommunications facilities.
A. Decommissioned Wireless Facilities. Any permittee that intends to decommission a
wireless telecommunications facility must send thirty days’ prior written notice by certified
U.S. mail to the director. The permit will automatically expire thirty days after the director
receives such notice of intent to decommission, unless the permittee rescinds its notice
within the thirty-day period.
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B. Procedures for Abandoned Facilities or Facilities Not Kept in Operation.
1. To promote the public health, safety and welfare, the director may declare a facility
abandoned when:
a. The permittee notifies the director that it abandoned the use of a
facility for a continuous period of ninety days; or
b. The permittee fails to respond within thirty days to a written notice
sent by certified U.S. mail, return receipt requested, from the
director that states the basis for the director’s belief that the facility
has been abandoned for a continuous period of ninety days; or
c. The permit expires and the permittee has failed to file a timely
application for renewal.
2. After the director declares a facility abandoned, the permittee shall have ninety days
from the date of the declaration (or longer time as the director may approve in
writing as reasonably necessary) to:
a. Reactivate the use of the abandoned facility subject to the provisions
of this chapter and all conditions of approval;
b. Transfer its rights to use the facility, subject to the provisions of this
chapter and all conditions of approval, to another person or entity
that immediately commences use of the abandoned facility; or
c. Remove the facility and all improvements installed solely in
connection with the facility, and restore the site to a condition
compliant with all applicable codes consistent with the then-
existing surrounding area.
3. If the permittee fails to act as required in subsection (B)(2) of this section within
the prescribed time period, the city council may deem the facility abandoned and
revoke the underlying permit(s) at a noticed public meeting in the same manner as
provided in subsection (B)(2) of this section. Further, the city council may take any
legally permissible action or combination of actions reasonably necessary to protect
the public health, safety and welfare from the abandoned wireless
telecommunications facility.
17.73.150 Wireless telecommunications facilities removal or relocation.
A. Removal by Permittee. The permittee or property owner must completely remove the
wireless telecommunications facility and all related improvements, without cost or expense
to the city, within ninety days after:
1. The permit expires; or
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2. The city council properly revokes a permit pursuant to section 17.73.130(B); or
3. The permittee decommissions the wireless telecommunications facility; or
4. The city council deems the wireless telecommunications facility abandoned
pursuant to section 17.73.140(B); or
5. Within the ninety-day period, the permittee or property owner must restore the
former wireless telecommunications facility site area to a condition compliant with
all applicable codes and consistent with and/or compatible with the surrounding
area.
B. Removal by City. The city may, but is not obligated to, remove an abandoned wireless
telecommunications facility, restore the site to a condition compliant with all applicable
codes and consistent with and/compatible with the surrounding area, and repair any and all
damages that occurred in connection with such removal and restoration work. The city
may, but shall not be obligated to, store the removed wireless telecommunications facility
or any part thereof, and may use, sell or otherwise dispose of it in any manner the city
deems appropriate in its sole discretion. The last-known permittee or its successor-in-
interest and the real property owner shall be jointly liable for all costs incurred by the city
in connection with its removal, restoration, repair and storage, and shall promptly
reimburse the city upon receipt of a written demand, including any interest on the balance
owing at the maximum lawful rate. The city may, but shall not be obligated to, use any
financial security required in connection with the granting of the facility permit to recover
its costs and interest. A lien may be placed on all abandoned personal property and the real
property on which the abandoned wireless telecommunications facility is located for all
costs incurred in connection with any removal, repair, restoration and storage performed
by the city. The city clerk shall cause such a lien to be recorded with the county of Los
Angeles clerk-recorder’s office.
17.73.160 [Reserved]
17.73.170 Compliance obligations.
An applicant or permittee will not be relieved of its obligation to comply with every applicable
provision in the code, this chapter, any permit, any permit condition or any applicable law or
regulation by reason of any failure by the city to timely notice, prompt or enforce compliance by
the applicant or permittee.
17.73.180 Conflicts with prior ordinances.
If the provisions in this chapter conflict in whole or in part with any other city regulation or
ordinance adopted prior to the effective date of this chapter, the provisions in this chapter will
control.
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17.73.190 Duty to retain records.
The permittee must maintain complete and accurate copies of all permits and other regulatory
approvals (collectively, the “records”) issued in connection with the wireless facility, which
includes without limitation this approval, the approved plans and photo simulations incorporated
into this approval, all conditions associated with this approval and any ministerial permits or
approvals issued in connection with this approval. In the event that the permittee does not maintain
such records as required in this condition or fails to produce true and complete copies of such
records within a reasonable time after a written request from the city, any ambiguities or
uncertainties that would be resolved through an inspection of the missing records will be construed
against the permittee.
17.73.200 Severability.
In the event that a court of competent jurisdiction holds any section, subsection, paragraph,
sentence, clause or phrase in this section unconstitutional, preempted, or otherwise invalid, the
invalid portion shall be severed from this section and shall not affect the validity of the remaining
portions of this section. The city hereby declares that it would have adopted each section,
subsection, paragraph, sentence, clause or phrase in this section irrespective of the fact that any
one or more sections, subsections, paragraphs, sentences, clauses or phrases in this section might
be declared unconstitutional, preempted or otherwise invalid.
17.73.210 Wireless telecommunications facilities on private property.
A. Purpose. The following procedures and design standards shall be required for the
installation of wireless telecommunications facilities within private property. These criteria
are intended to guide and facilitate applicants in locating and designing facilities and
accessory equipment in a manner that will be compatible with the purpose, intent, and goals
of this section. It is the intent of the city to use its time, place, and manner authority to
protect and preserve the aesthetics of the city.
B. Permit Required.
1. Installation of wireless telecommunications facilities located on private property
will be subject to this chapter.
2. Applicants shall apply for a conditional wireless facility permit or administrative
wireless facility permit for any wireless telecommunications facility that it seeks to
place on private property.
C. Design Standards. The following general design guidelines shall be considered for
regulating the location, design, and aesthetics for a wireless telecommunications facility:
1. Site Selection Criteria.
a. Preferred Locations. When doing so would not conflict with one of
the standards set forth in this subsection or with federal law,
wireless telecommunications facilities shall be located in the most
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preferred location as described in this subsection, which range
from the most preferred to the least preferred locations on private
property.
i. Location on a new or existing building in a nonresidential
zoning district including institutional and cemetery districts
but not open space districts.
ii. Location on an existing city-owned structure in a
nonresidential zoning district with a facility designed with
concealment elements.
iii. Location on a new concealed structure in a nonresidential
zoning district.
iv. Located more than two hundred feet of a residential building
or residential lot, excluding out-buildings, unless concealed
in or on a nonresidential building (e.g., churches, temples,
etc.).
b. Less Preferred Locations. To the extent feasible, facilities shall not
be located in the following areas:
i. Environmentally sensitive areas including the Palos Verdes
Nature Preserve and those areas with coastal sage scrub
governed by Chapter 17.41 (Coastal Sage Scrub
Conservation and Management);
ii. Installations that would be in violation of section 17.02.040
(View Preservation and Restoration);
iii. On a structure, site or in a zoning district designated as a
local, state or federal historical landmark, or having
significant local historical value as determined by the city
council.
c. No new facility may be placed in a less preferred location unless the
applicant demonstrates to the reasonable satisfaction of the planning
commission or director that no more preferred location can feasibly
serve the area the facility is intended to serve; provided, however,
that the planning commission or director may authorize a facility to
be established in a less preferred location if doing so is necessary to
prevent substantial aesthetic impacts.
d. All facilities (including all related accessory cabinet(s)) shall meet
the setback requirements of the underlying zoning district. In no
case shall any portion of a facility be located in a defined front yard
or side yard.
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e. In no case shall any part of a facility alter vehicular and/or pedestrian
circulation within a site or impede access to and from a site. In no
case shall a facility alter off-street parking spaces (such that the
required number of parking spaces for a use is decreased) or
interfere with the normal operation of the existing use of the site.
f. All wireless telecommunications facilities shall utilize unmetered
commercial power service, or commercial power metering in the
enclosure required by the utility, or remote power metering in flush-
to-grade vaults. If a commercial power meter is installed and the
wireless telecommunications facility can be converted to unmetered
or wireless power metering, the permittee shall apply for a permit
modification to perform the conversion.
g. Any freestanding ground-mounted wireless telecommunications
facility, including any related accessory cabinet(s) and structure(s),
shall apply towards the allowable lot coverage for
structures/buildings of the underlying zone.
h. The antenna height of any wireless telecommunications facility shall
not exceed the height limit of the underlying zoning district or the
maximum permissible height of property upon which the WTF is
located.
D. General Standards.
1. Unless Government Code Section 65964, as may be amended, authorizes the city
to issue a permit with a shorter term, a permit for any wireless telecommunications
facility shall be valid for a period of ten years, unless pursuant to another provision
of this code it lapses sooner or is revoked. At the end of ten years from the date of
issuance, such permit shall automatically expire.
2. Wireless telecommunications facilities shall not bear any signs or advertising
devices other than certification, warning, or other required seals or required
signage.
3. No permittee shall unreasonably restrict access to an existing antenna location if
required to collocate by the city, and if feasible to do so.
4. All antennas shall be designed to prevent unauthorized climbing.
E. Visual Impacts.
1. Facilities must comply with section 17.02.040 (View Preservation and Restoration)
unless an exemption is granted pursuant to section 17.73.070.
2. Facilities shall be designed to be as visually unobtrusive as possible. Facilities shall
be sited to avoid or minimize obstruction of views from adjacent properties.
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3. Facilities shall not be of a bright, shiny or glare-reflective finish. Colors and designs
must be integrated and compatible with existing on-site and surrounding buildings
and/or uses in the area. The facility shall be finished in a color to neutralize it and
blend it with, rather than contrast it from, the sky and site improvements
immediately surrounding; provided, that, wherever feasible, a light color shall be
used to meet this requirement, as deemed acceptable by the director.
4. If feasible, the base station and all wires and cables necessary for the operation of
a facility shall be placed underground so that the antenna is the only portion of the
facility that is above ground. If the base station is located within or on the roof of a
building, it may be placed in any location not visible from surrounding areas outside
the building, with any wires and cables attached to the base station be clipped and
screened from public view. The applicant shall demonstrate to the satisfaction of
the planning commission or director that it is not technically feasible to locate the
base station below ground.
5. Innovative design to minimize visual impact must be used whenever the screening
potential of the site is low. For example, the visual impact of a site may be mitigated
by using existing light standards and telephone poles as mounting structures, or by
constructing screening structures which are compatible with surrounding
architecture.
6. Screening of the facility should take into account the existing improvements on or
adjacent to the site, including landscaping, walls, fences, berms or other specially
designed devices which preclude or minimize the visibility of the facility and the
grade of the site as related to surrounding nearby grades of properties and public
street rights-of-way.
7. Landscaping or other screening shall be placed so that the antenna and any other
aboveground structure is screened from public view. Landscaping or other
screening required by this section shall be maintained by the permittee and replaced
as necessary as determined by the director. All existing landscaping that has been
disturbed by the permittee in the course of placement or maintenance of the wireless
facility shall be restored to its original condition as existed prior to placement of
the wireless facility by the permittee. Native vegetation shall be preserved to the
greatest extent practicable and incorporated into the landscape plan.
8. Wireless telecommunications facilities shall be located where the existing
topography, vegetation, building, or other structures provide the greatest amount of
screening.
9. All building and roof-mounted wireless telecommunications facilities and antennas
shall be designed to appear as an integral part of the structure and located to
minimize visual impacts.
F. Undergrounding of Accessory Equipment. To preserve community aesthetics, all facility
accessory equipment, excluding antennas, aboveground vents, to the greatest extent
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possible, be required to be located underground, flush to the finished grade, shall be fully
enclosed, and not cross property lines. Accessory equipment may include, but is not limited
to, the following: fiber optic nodes, radio remote units or heads, power filters, cables,
cabinets, vaults, junction or power boxes, and gas generators. Wherever possible, wireless
metering shall be used. If wireless metering is not an option, electrical meter boxes related
to wireless telecommunications facilities shall be appropriately screened, not visible to the
general public, and located in less prominent areas on and private property. Where it can
be demonstrated that undergrounding of accessory equipment is infeasible due to conflict
with other utilities, the director may approve alternative above-grade accessory equipment
mounting when adequately screened from public view. Any approved above-grade
accessory equipment must be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to interfere with or create hazards to pedestrians or
motorists.
G. Soundproofing Measures. Within residential zones, and properties adjacent to residential
zones, soundproofing measures shall be used to reduce noise caused by the operation of
wireless telecommunications facilities and all accessory equipment to a level which would
have no net increase in ambient noise level.
H. Applications Deemed Withdrawn. To promote efficient review and timely decisions, an
application will be automatically deemed withdrawn when an applicant fails to tender a
substantive response within sixty days after the city deems the application incomplete in a
written notice to the applicant. The director may in the director’s discretion grant a written
extension for up to an additional thirty days upon a written request for an extension
received prior to the sixtieth day. The director may grant further written extensions only
for good cause, which includes circumstances outside the applicant’s reasonable control.
17.73.220 Eligible wireless telecommunications facilities.
A. Purpose. The purpose of this section is to adopt reasonable regulations and procedures,
consistent with and subject to federal and California state law, for compliance with Section
6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96,
codified in 47 U.S.C. Section 1455(a), and related Federal Telecommunications
Commission regulations codified in 47 C.F.R. Section 1.40001 et seq.
1. Section 6409(a) generally requires that state and local governments “may not deny,
and shall approve” requests to collocate, remove or replace a WTF at an existing
tower or base station. FCC regulations interpret the statute and create procedural
rules for local review, which generally preempt subjective land-use regulations,
limit application content requirements and provide the applicant with a “deem ed
granted” remedy when the local government fails to approve or deny the request
within sixty days after submittal (accounting for any tolling periods). Moreover,
whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104 -104,
codified in 47 U.S.C. Section 332, applies to only “personal wireless service
facilities” (e.g., cellular telephone towers and accessory equipment), Section
6409(a) applies to all “wireless” facilities licensed or authorized by the FCC (e.g.,
wi-fi, satellite, or microwave backhaul).
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2. The city council finds that the partial overlap between wireless deployments
covered under Section 6409(a) and other wireless deployments, combined with the
different substantive and procedural rules applicable to such deployments, creates
a potential for confusion that harms the public interest in both efficient wireless
telecommunications facilities deployment and deliberately planned community
development in accordance with local values. The city council further finds that a
separate permit application and review process specifically designed for
compliance with Section 6409(a) contained in a section devoted to Section 6409(a)
will best prevent such confusion.
3. Accordingly, the city council adopts this section to reasonably regulate requests
submitted for approval under Section 6409(a) to collocate, remove or replace WTFs
at an existing wireless tower or base station, in a manner that complies with federal
law and protects and promotes the public health, safety and welfare of the citizens
of the city.
B. Prohibition of Personal Wireless Service. This section does not intend to, and shall not be
interpreted or applied to: (1) prohibit or effectively prohibit personal wireless services;
(2) unreasonably discriminate among providers of functionally equivalent personal
wireless services; (3) regulate the installation, operation, collocation, modification or
removal of wireless telecommunications facilities on the basis of the environmental effects
of radio frequency emissions to the extent that such emissions comply with all applicable
FCC regulations; (4) prohibit or effectively prohibit any collocation or modification that
the city may not deny under California or federal law; or (5) allow the city to preempt any
applicable California or federal law.
C. Eligible Facility Permit. Any request to collocate, replace or remove WTFs at an existing
wireless tower or base station submitted for approval under Section 6409(a) shall require
an eligible facility permit subject to the director’s approval, conditional approval or denial
under the standards and procedures contained in this section. However, the applicant may
alternatively elect to seek either a conditional wireless facility permit or an administrative
wireless facility permit described elsewhere in this chapter.
D. Other Regulatory Approvals Required. No collocation or modification approved under any
eligible facility permit may occur unless the applicant also obtains all other permits or
regulatory approvals from other city departments and state or federal agencies. An
applicant may obtain an eligible facility permit concurrently with permits or other
regulatory approvals from other city departments after first consulting with the director.
Furthermore, any eligible facility permit granted under this section shall remain subject to
the lawful conditions and/or requirements associated with such other permits or regulatory
approvals from other city departments and state or federal agencies.
E. Permit Applications – Submittal and Review Procedures.
1. Permit Application Required. The director may not grant any eligible facility permit
unless the applicant has submitted a complete application.
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2. Permit Application Content. This section governs minimum requirements for
permit application content and procedures for additions and/or modifications to
eligible facility permit applications. The city council directs and authorizes the
director to develop and publish application forms, checklists, informational
handouts and other related materials that describe required materials and
information for a complete application in any publicly stated form. Without further
authorization from the city council, the director may from time-to-time update and
alter the permit application forms, checklists, informational handouts and other
related materials as the director deems necessary or appropriate to respond to
regulatory, technological or other changes. The materials required under this
section are minimum requirements for any eligible facility permit application the
director may develop.
a. Application Fee Deposit. The applicable permit application fee
established by city council resolution. In the event that the city
council has not established an application fee specific to an
eligible facility permit, the established fee for an administrative
wireless facility permit shall be required.
b. Prior Regulatory Approvals. Evidence that the applicant holds all
current licenses and registrations from the FCC and any other
applicable regulatory bodies where such license(s) or
registration(s) are necessary to provide wireless services utilizing
the proposed wireless telecommunications facility. For any prior
local regulatory approval(s) associated with the wireless
telecommunications facility, the applicant must submit copies of
all such approvals with any corresponding conditions of approval.
Alternatively, a written justification that sets forth reasons why
prior regulatory approvals were not required for the wireless
telecommunications facility at the time it was constructed or
modified.
c. Site Development Plans. A fully dimensioned site plan and elevation
drawings prepared and sealed by a California-licensed engineer
showing any existing wireless telecommunications facilities with
all existing accessory equipment and other improvements, the
proposed facility with all proposed transmission equipment and
other improvements and the legal boundaries of the leased or
owned area surrounding the proposed facility and any associated
access or utility easements.
d. Specifications. Specifications that show the height, width, depth and
weight for all proposed equipment. For example, dimensioned
drawings or the manufacturer’s technical specifications would
satisfy this requirement.
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e. Photographs and Photo Simulations. Photographs and photo
simulations that show the proposed facility in context of the site
from reasonable line-of-sight locations from public streets or other
adjacent viewpoints, together with a map that shows the photo
location of each view angle. At least one photo simulation must
clearly show the impact on the concealment elements of the
support structure, if any, from the proposed modification.
f. RF Exposure Compliance Report. An RF exposure compliance
report prepared and certified by an RF engineer acceptable to the
city that certifies that the proposed facility, as well as any
collocated facilities, will comply with applicable federal RF
exposure standards and exposure limits. The RF report must
include the actual frequency and power levels (in watts effective
radio power (ERP)) for all existing and proposed antennas at the
site and exhibits that show the location and orientation of all
transmitting antennas and the boundaries of areas with RF
exposures in excess of the uncontrolled/general population limit
(as that term is defined by the FCC) and also limit (as that term is
defined by the FCC). Each such boundary shall be clearly marked
and identified for every transmitting antenna at the project site.
g. Justification Analysis. A written statement that explains in plain
factual detail whether and why Section 6409(a) and the related
FCC regulations at 47 C.F.R. Section 1.40001 et seq. require
approval for the specific project. A complete written narrative
analysis will state the applicable standard and all the facts that
allow the city to conclude the standard has been met—bare
conclusions not factually supported do not constitute a complete
written analysis. As part of this written statement the applicant
must also include (i) whether and why the support structure
qualifies as an existing tower or existing base station; and (ii)
whether and why the proposed collocation or modification does
not cause a substantial change in height, width, excavation,
equipment cabinets, concealment or permit compliance.
h. Noise Study. A noise study prepared and certified by an acoustical
engineer licensed by the state of California for the proposed
facility and all associated equipment including all environmental
control units, sump pumps, temporary backup power generators,
and permanent backup power generators demonstrating
compliance with the city’s noise regulations. The noise study must
also include an analysis of the manufacturers’ specifications for
all noise-emitting equipment and a depiction of the proposed
equipment relative to all adjacent property lines. In lieu of a noise
study, the applicant may submit evidence from the equipment
manufacturer that the ambient noise emitted from all the proposed
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equipment will not, both individually and cumulatively, exceed
the applicable limits set out in the noise ordinance.
3. Pre-Application Meeting Appointment. Prior to application submittal, applicants
must schedule and attend a pre-application meeting, either virtual or in person, with
city staff for all eligible facility permit applications. Such pre-application meeting
is intended to streamline the application review through discussions including, but
not limited to, the appropriate project classification, including whether the project
qualifies for an eligible facility permit; any latent issues in connection with the
existing tower or base station; potential concealment issues (if applicable);
coordination with other city departments responsible for application review; and
application completeness issues. Applicants must submit a written request for an
appointment in the manner prescribed by the director. City staff shall endeavor to
provide applicants with an appointment within five working days after receipt of a
written request.
4. Application Submittal Appointment. All applications for an eligible facility permit
must be submitted to the city at a pre-scheduled appointment, either virtual or in
person. Applicants may submit up to three WTF site applications per appointment
but may schedule successive appointments for additional applications whenever
feasible by the director. Applicants must submit a written request for an
appointment in the manner prescribed by the director. City staff shall endeavor to
provide applicants with an appointment within five working days after receipt of a
written request.
5. Application Resubmittal Appointment. The Director may require application
resubmittals be tendered to the city at a pre-scheduled appointment, either virtual
or in person. Applicants may resubmit up to three individual WTF site applications
per appointment but may schedule successive appointments for additional
applications whenever feasible for the city. Applicants must submit a written
request for an appointment in the manner prescribed by the director. City staff shall
endeavor to provide applicants with an appointment within five working days after
receipt of a written request.
6. Applications Deemed Withdrawn. To promote efficient review and timely
decisions, an application will be automatically deemed withdrawn when an
applicant fails to tender a substantive response within sixty days after the city deems
the application incomplete in a written notice to the applicant. The director may in
the director’s discretion grant a written extension for up to an additional thirty days
upon a written request for an extension received prior to the sixtieth day. The
director may grant further written extensions only for good cause, which includes
circumstances outside the applicant’s reasonable control.
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F. Notice.
1. Notice of Application Submittal. Within fifteen days after an applicant submits an
application for an eligible facility permit, written notice of the application shall be
sent by the City via first-class United States mail to:
a. Applicant or its duly authorized agent;
b. Property owner or its duly authorized agent;
c. All real property owners within five hundred feet from the subject
site as shown on the latest equalized assessment rolls;
d. Any person who has filed a written request with either the city clerk
or the city council; and
e. Any city department that will be expected to review the application.
2. Notice Content. The notice required under this section shall include all the
following information:
a. A general explanation of the proposed collocation or modification;
b. The following statement: “This notice is for information purposes
only; no public hearing will be held for this application. Federal
law may require approval for this application. Further, Federal
Communications Commission regulations may deem this
application granted by the operation of law unless the City
approves or denies the application, or the City and applicant reach
a mutual tolling agreement”; and
c. A general description, in text or by diagram, of the location of the
real property that is the subject of the application.
G. Approvals – Denials without Prejudice. Federal regulations dictate the criteria for approval
or denial of approval permit application submitted under Section 6409(a). The findings for
approval and criteria for denial without prejudice are derived from and shall be interpreted
and applied in a manner consistent with such federal regulations.
1. Findings for Approval. The director may approve or conditionally approve an
application for an eligible facility permit only when the director finds all of the
following:
a. The application involves the collocation, removal or replacement of
antennas and accessory equipment on an existing wireless tower
or base station; and
b. The proposed changes would not cause a substantial change.
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2. Criteria for a Denial without Prejudice. The director shall not approve an
application for an eligible facility permit when the director finds that the proposed
collocation or modification:
a. Violates any legally enforceable standard or permit condition
reasonably related to public health and safety; or
b. Involves a structure constructed or modified without all approvals
required at the time of the construction or modification; or
c. Involves the replacement of the entire support structure; or
d. Does not qualify for mandatory approval under Section 6409(a) for
any lawful reason.
3. All Eligible Facility Permit Denials Are without Prejudice. Any “denial” of an
eligible facility permit application shall be limited to only the applicant request for
approval pursuant to Section 6409(a) and shall be without prejudice to the
applicant. Subject to the application and submittal requirements in this chapter, the
applicant may immediately submit a new permit application for either a conditional
wireless facility permit, administrative wireless facility permit, or submit a new and
revised eligible facility permit.
4. Conditional Approvals. Subject to any applicable limitations in federal or state law,
nothing in this section is intended to limit the city’s authority to conditionally
approve an application for an eligible facility permit to protect and promote the
public health, safety and welfare.
H. Standard Conditions of Approval. Any eligible facility permit approved or deemed granted
by the operation of federal law shall be automatically subject to the conditions of approval
described in this section.
1. Permit Duration Unchanged. The city’s grant or grant by operation of law of an
eligible facility permit constitutes a federally mandated modification to the
underlying permit or approval for the subject tower or base station. The city’s grant
or grant by operation of law of an eligible facility permit shall not extend the term
of the underlying wireless facility permit or any city-authorized extension thereto.
2. Accelerated Permit Terms Due to Invalidation. In the event that any court of
competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule
that interprets Section 6409(a) such that federal law would not mandate approval
for any eligible facility permit(s), such permit(s) shall automatically expire one year
from the effective date of the judicial order, unless the decision would not authorize
accelerated termination of previously approved eligible facility permits. A
permittee shall not be required to remove its improvements approved under the
invalidated eligible facility permit when it has submitted an application for either a
conditional wireless facility permit or an administrative wireless facility permit for
those improvements before the one-year period ends. The director may extend the
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expiration date on the accelerated permit upon a written request from the permittee
that shows good cause for an extension.
3. No Waiver of Standing. The city’s grant or grant by operation of law of an eligible
facility permit does not waive, and shall not be construed to waive, any standing by
the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a)
or any eligible facility permit.
4. Compliance with All Applicable Laws. The permittee shall maintain compliance at
all times with all federal, state and local laws, statutes, regulations, orders or other
rules that carry the force of law (“laws”) applicable to the permittee, the subject
site, the facility or any use or activities in connection with the use authorized in this
permit. The permittee expressly acknowledges and agrees that this obligation is
intended to be broadly construed and that no other specific requirements in these
conditions are intended to reduce, relieve or otherwise lessen the permittee’s
obligations to maintain compliance with all laws.
5. Emergencies. The director may enter onto the facility area to inspect the facility
upon reasonable notice to the permittee. The permittee shall cooperate with all
inspections. The city reserves the right to enter or direct its designee to enter the
facility and support, repair, disable or remove any elements of the facility in
emergencies or when the facility threatens imminent harm to persons or property.
6. Contact Information for Responsible Parties. Permittee shall at all times maintain
accurate contact information for all parties responsible for the facility, which shall
include a phone number, street mailing address and email address for at least one
natural person who is responsible for the facility. All such contact information for
responsible parties shall be provided to the director upon permit grant, annually
thereafter, and permittee’s receipt of the director’s written request.
7. Indemnities. The permittee and, if applicable, the nongovernment owner of the
private property upon which the tower and/or base station is installed shall defend,
indemnify and hold harmless the city, its agents, officers, officials and employees
(a) from any and all damages, liabilities, injuries, losses, costs and expenses and
from any and all claims, demands, lawsuits, writs of mandamus and other actions
or proceedings brought against the city or its agents, officers, officials or employees
to challenge, attack, seek to modify, set aside, void or annul the city’s approval of
the permit, and (b) from any and all damages, liabilities, injuries, losses, costs and
expenses and any and all claims, demands, lawsuits or causes of action and other
actions or proceedings of any kind or form, whether for personal injury, death or
property damage, arising out of or in connection with the activities or performance
of the permittee or, if applicable, the private property owner or any of each one’s
agents, employees, licensees, contractors, subcontractors or independent
contractors. The permittee shall be responsible for costs of determining the source
of the interference, all costs associated with eliminating the interference, and all
costs arising from third party claims against the city attributable to the interference.
In the event the city becomes aware of any such actions or claims the city shall
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promptly notify the permittee and the private property owner and shall reasonably
cooperate in the defense. It is expressly agreed that the city shall have the right to
approve, which approval shall not be unreasonably withheld, the legal counsel
providing the city’s defense, and the property owner and/or permittee (as
applicable) shall reimburse the city for any costs and expenses directly and
necessarily incurred by the city in the course of the defense.
8. Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable
efforts to avoid undue adverse impacts to adjacent properties and/or uses that may
arise from the construction, operation, maintenance, modification and removal of
the facility. Radio frequency emissions, to the extent that they comply with all
applicable FCC regulations, are not considered to be adverse impacts to adjacent
properties.
9. General Maintenance. The site and the facility, including but not limited to all
landscaping, fencing and related transmission accessory equipment, must be
maintained in a neat and clean manner and in accordance with all approved plans
and conditions of approval.
10. Graffiti Abatement. Permittee shall remove any graffiti on the wireless
telecommunications facility at permittee’s sole expense subject to the provisions of
Chapter 9.28 of the RPVMC (Graffiti Prevention and Removal).
I. Notice of Decision – Appeals.
1. Notice of a decision shall be given to the applicant and to all owners of property
adjacent to the subject property. Notice of the decision shall be given to the
applicant, as well as any persons who have requested notice for these types of
permits, pursuant to section 17.80.090(E).
2. Any interested person may appeal the director's decision to the planning
commission and the planning commission decision to the city council pursuant to
chapter 17.80 (Hearing Notice and Appeal Procedures) of this title.
3. Fees for an eligible facilities request and for an appeal of a determination thereon
shall be levied as provided for by this code and established by resolution of the city
council.
4. No decision on any wireless telecommunications facility application shall be
considered final until and unless all appeals have been taken or are time-barred.
17.73.230 Amateur radio facilities.
A. Noncommercial Amateur Radio Antennas.
1. Applicability. This section regulates noncommercial amateur radio antennas that
are affixed to real property and antennas that are located on vehicles parked on lots
which exceed sixteen feet in height, as measured pursuant to the residential building
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height measurement methods described in section 17.02.040 (View Preservation
and Restoration) of this title. This subsection does not regulate hand held antennas
or antennas located on vehicles parked on lots which are sixteen feet or less in
height, as measured pursuant to the residential building height measurement
methods described in section 17.02.040 (View Preservation and Restoration) of this
title.
2. General Regulations. The installation, erection and/or replacement of
noncommercial amateur radio antenna assemblies on lots for noncommercial
purposes shall be reviewed by the Director through either an antenna Site Plan
Review application or by the Planning Commission through a noncommercial
amateur radio antenna permit application.
a. Antenna assemblies which meet the following criteria shall be considered
legal nonconforming: i) legally permitted by the City or the County prior to
City incorporation, and which conform to the codes in effect when installed,
but do not meet the provisions of this code; and are ii) existing as of the
effective date of this code.
b. Antenna assembly height shall be measured as follows:
i. The height of the antenna assembly shall include the antenna(s)
support structure and shall be the maximum to which it is capable of
being extended;
ii. For a ground mounted assembly or one mounted on an accessory
structure, the height shall be measured from the highest point of the
existing grade covered by the foundation of the structure to the
maximum height to which the antenna assembly is capable of being
extended; and
iii. Except for exempt antennas described in subsection (C)(3)(c)(ii) of
this Section, for an antenna assembly mounted on a main building
or an accessory structure, height shall be measured from existing
grade to the maximum height to which the antenna assembly is
capable of being extended, pursuant to the residential building
height measurement methods described in section 17.02.040 (View
Preservation and Restoration) of this title.
c. Noncommercial amateur radio antennas shall not be located within any
front yard area, without approval of a variance pursuant to Chapter 17.64
(Variances) of this title.
d. The use of antennas for noncommercial purposes shall mean that no
commercial frequency is used for transmission or propagation, that there is
no communication for hire or for material compensation, except as allowed
by Federal Communications Commission (FCC) regulations, and that all
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applicable regulations are complied with at all times, including, without
limitation, FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not include oil
derrick style structures and no structures with guy wires shall be used or
constructed, except as provided for in this Section.
f. No signage shall be allowed on any noncommercial amateur radio antenna
assembly, except for requisite safety text and other labeling required by law.
g. A noncommercial amateur radio antenna assembly shall comply with all
City, State and Federal laws including section 17.02.040 (View
Preservation and Restoration).
h. A noncommercial antenna assembly subject to this section shall not be any
closer to the property line than the required minimum side and rear yard
setbacks for the subject lot without written City approval which shall take
into consideration the site-specific conditions.
i. All antennas capable of being retracted and extended shall be retracted to
its minimum size and height when not in use or retracted as required in any
conditions of approval issued by the City .
j. Each noncommercial amateur radio antenna shall be of a color or painted to
minimize its reflectivity and blend with its surroundings as much as
possible.
k. Upon the sale or transfer of the subject property any permit issued under
this section shall not be transferable to any other person including a new
property owner.
3. Antennas Exempt. The following noncommercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval of an
antenna Site Plan Review application or noncommercial radio antenna permit;
a. The replacement of an existing antenna or antenna support structure with an
outside diameter of three inches or less with a similar antenna or support
structure.
b. Parabolic dish antennas which are one meter (39.37 inches) or less in
diameter. This exemption shall not apply to parabolic dishes in excess of
the height limit for the zone upon which the parabolic dish is located unless
the applicant can establish an exemption pursuant to 17.73.070.
Freestanding masts shall be measured from existing adjacent grade. Masts
located on a building shall be measured from the point where the mast meets
the roof surface.
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c. Any combination of two different antenna assemblies from the following
categories:
i. One antenna assembly which is located outside of any required
setback areas and which is sixteen feet or less in height, as measured
pursuant to the residential building height measurement methods
described in section 17.02.040 (View Preservation and Restoration)
of this title.
ii. One building mounted antenna assembly, located outside of any
required setback areas, which does not exceed twelve feet in height,
as measured from the point where the antenna assembly meets the
roof surface, and which contains radiating elements, each of which
does not exceed six feet in total length. If the antenna assembly is
mounted onto the roof, or if any portion of the antenna assembly
projects above the roofline, not more than one antenna may be
affixed to antenna support structure.
iii. One wire antenna assembly consisting of a single flexible wire, with
a diameter not to exceed one-half inch, suspended between two
supports, which if man-made do not exceed forty-one feet in height
as measured from adjacent existing grade, and located outside of any
required setback areas.
iv. One vertical antenna assembly, located outside of any required
setback areas, consisting of a single pole or mast with a maximum
outside diameter of three inches or less with no guys or horizontal
elements located higher than two feet above the ridgeline of the
residence, and which does not exceed forty-one feet in total height,
as measured from adjacent existing grade.
4. Antenna Site Plan Review Approval.
a. Director review. Director approval of an antenna Site Plan Review
application is required for more than two antenna assemblies which are
exempt pursuant to subsection (C)(3) of this section, and for any other
nonexempt antenna assembly which does not exceed forty-one feet in
height. The application may be approved provided the Director finds as
follows:
i. That adequate provision is made for safety;
ii. That all applicable building code requirements, such as wind load
and seismic design criteria, and development code requirements,
such setbacks, are met;
iii. That no more than one nonexempt antenna support structure will be
located on the lot;
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iv. That the placement of the antenna assembly does not significantly
impair a view from any surrounding properties, as defined in section
17.02.040 (View Preservation and Restoration) of this title; and,
v. That the antenna assembly shall be designed to minimize the visual
impact to the greatest extent feasible by means of placement,
screening, camouflaging, painting and texturing and to be
compatible with existing architectural elements, building materials
and other site characteristics. The applicant shall use the smallest
and least visible antennas possible to accomplish the coverage
objectives.
b. Application. The antenna Site Plan Review application shall be made upon
forms provided by the City and shall be accompanied by the following:
i. Two copies of a scaled site plan showing the location of the antenna
assembly, and its relation to property lines, topography and all
structures on the property, and two copies of an elevation drawing
showing the proposed height, size, vertical and horizontal
components, dimensions, color and material of the antenna(s) and
antenna support structure. If a building permit is required pursuant
to the California Building Code, three copies of the above plans are
necessary;
ii. A typed mailing list of all property owners within a five hundred -
foot radius to the subject property, using the last equalized tax roll
of the county assessor and any affected homeowners associations,
and a vicinity map identifying all properties included on the mailing
list.
iii. A fee, as established by resolution of the City Council.
iv. Documentation demonstrating that the antenna assembly will
comply with all other FCC standards related to radio frequency
emissions in OET Bulletin 65, Supplement B. Said documentation
shall state if the antenna is categorically exempt or demonstrate
compliance with the standards of OET Bulletin 65.
v. The applicant shall certify that the proposed antennas and
installation, comply with FCC regulations related to interference
and in the event the interference occurs, the applicant will take all
steps necessary to resolve the same.
vi. The applicant shall, as part of the application, construct at the
applicant's expense, a mock-up of the proposed antenna at the
proposed location. Said mock up shall be the same size and
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dimensions as the proposed antenna. The mock-up shall be
coordinated under the direction of the Director or his/her designee.
Once constructed, the silhouette shall be certified by a licensed
engineer on a form provided by the City. In the alternative, the
applicant may submit a photo simulation depicting the proposed
antenna in size, height, and dimensions, as required by the City to
depict the proposed antenna as it would appear from the surrounding
areas, and deemed acceptable by the Director.
c. Notice. Upon receipt of a complete antenna Site Plan Review application,
the Director shall provide written notice of the application to the applicant,
property owners within a five hundred-foot radius, any affected
homeowners associations and any interested parties. No sooner than fifteen
days after the application notices are mailed, the Director shall make a
decision on the application. Notice of the Director's decision shall be
provided to the applicant, adjacent property owners, any affected
homeowners associations, and any interested parties. The Director's
decision may be appealed to the Planning Commission and the Planning
Commission's decision may be appealed to the City Council pursuant to
Chapter 17.80 (Hearing Notice and Appeal Procedures) of this title.
B. Noncommercial Amateur Radio Antenna Permit. Except for antenna assemblies which are
exempt pursuant to subsection (C)(3) of this section, antenna assemblies which exceed
forty-one feet in height or which involve the placement of more than one nonexempt
antenna support structure on a lot shall require the approval of a noncommercial amateur
radio antenna permit by the Planning Commission.
1. Application. Application for a noncommercial amateur radio antenna permit shall
be made on forms provided by the City and shall include such plans and documents
as may reasonably be required by the director, including submittal requirements for
the Antenna Site Plan Review application in subsection (4)(b), for a complete
understanding of the proposal and a filing fee in an amount established by
resolution of the City Council.
2. Notice. Upon receipt of a complete application for a noncommercial amateur radio
antenna permit, the Director shall provide written notice of the application to all
owners of a property shown on the last known county assessor tax roll and
homeowner associations located within a radius of five hundred feet of the external
boundaries of the property where the antenna assembly is proposed.
3. Action by Planning Commission. In granting a noncommercial amateur radio
antenna permit, the Planning Commission shall consider:
a. The extent to which the proposed antenna assembly significantly impairs a
view, as defined in Section 17.02.040 (View Restoration and Preservation),
from a surrounding lot;
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b. With respect to an antenna assembly that is used for amateur radio purposes,
the degree to which refusing or conditioning the permit would interfere with
the applicant's ability to receive and/or transmit radio signals on amateur
frequencies. In evaluating this criterion the Planning Commission may
establish a maximum height for the antenna assembly that reasonably
accommodates the applicant's ability to receive and/or transmit radio signals
on amateur frequencies and appropriately balances that right with the goals
of the City's general plan and development code;
c. That adequate provision is made for safety and that all applicable building
code requirements such as wind load and seismic design criteria, and
development code requirements such as setbacks, are met;
d. That the antenna assembly shall be designed to minimize the visual impact
to the greatest extent feasible by means of placement, screening,
camouflaging, painting, and texturing and to be compatible with existing
architectural elements, building materials and other site characteristics. The
applicant shall use the smallest and least visible antennas possible to
accomplish the coverage objectives;
e. Appropriate conditions to minimize significant view impairment and to
promote the goals of the general plan and development code, such as, but
not limited to:
i. Location restrictions,
ii. Nesting restrictions,
iii. Array size restrictions,
iv. Mass of tower restrictions,
v. Height restrictions,
vi. Elimination of guy wires,
vii. Addition of guy wires, if in the opinion of the Planning Commission
allowing guy wires would minimize the aesthetic impacts,
viii. Screening or camouflaging requirements, provided said
requirements have not been shown to be cost prohibitive by the
applicant, in which case a less costly alternative shall be imposed,
and
ix. Compliance with any or all applicable regulations listed in
subsection 17.76.020(C)(2) above.
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f. That the following additional findings can be made for approval of more
than one nonexempt antenna assembly:
i. The additional antenna assembly cannot be reasonably located on
the existing antenna assembly;
ii. The additional antenna assembly does not significantly impair a
view from surrounding properties; and
iii. The additional antenna assembly balances the effects on the
character of the neighborhood while reasonably accommodating the
radio amateur operator's ability to transmit and receive radio
amateur signals.
4. If the application is granted or conditionally granted, notice of the Planning
Commission's decision shall be given to the applicant and to all interested persons.
Notice of denial shall be given to the applicant, as well as any persons who have
requested notice for the subject permit, pursuant to section 17.80.090(E). . The
applicant or any interested person may appeal the Planning Commission's decision
to the City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures) of this title.
5. The noncommercial amateur radio antenna permit shall be valid only so long as all
conditions imposed are fully complied with, and the antenna structure is maintained
in good repair.
C. State and Federal Law. The implementation of this section and decisions on applications
for placement of Noncommercial Amateur Radio Antennas shall, at a minimum, ensure
that the requirements of this section are satisfied, unless it is determined that the applicant
has established that denial of an application would, within the meaning of federal law,
prohibit or effectively prohibit use of the Noncommercial Amateur Radio Antenna, or
otherwise violate applicable laws or regulations including but not limited to California
Government Code section 65850.3 and section 97.15 of the Title 47 of the Code of Federal
Regulations. If that determination is made, the requirements of this section may be waived,
but only to the minimum extent required to avoid the prohibition or violation. If an
applicant contends that denial of the application would prohibit or effectively prohibit the
use of the antenna in violation of federal law, or otherwise violate applicable law, the
applicant must provide all information on which the applicant relies on in support of that
claim.
17.73.240 Over-the-air reception devices.
A. Applicability. This section applies to all over-the-air reception devices (OTARD) in the
City. "OTARD antennas" means antennas covered by the "over-the-air reception devices"
rule in Title 47 of the Code of Federal Regulations, sections 1.4000 et seq. as may be
amended or replaced from time to time.
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B. Regulations. OTARDs in all zoning districts are exempted, provided that all of the
following conditions are met:
1. The antenna will be accessory to an existing use and measures 39.37 inches (or one
meter) or less in diameter or diagonal measurement.
2. Similar in height to other roof mounted appurtenances (e.g. chimneys) allowed for
by this code.
3. The antenna will not be installed in violation of section 17.02.040 (View
Preservation and Restoration).
4. In the event that the antenna has to be installed such that it is readily visible from
the public right-of-way it shall be professionally installed in a location to ensure
minimal aesthetic impact to adjacent property owners.
5. The antenna will not be located within a required setback area, driveway or parking
space.
6. If required by any law, rule or regulation the antenna shall be licensed with the
FCC.
7. The antenna complies with all FCC radio frequency (RF) exposure limits and
located such that it will minimize exposure to residents.
8. Only three (3) antennas shall be allowed per dwelling unit in residential zoning
districts or on legal nonconforming residential lots unless approved by the city
pursuant to an OTARD permit.
9. Professional installation shall be required for all transmitting antennas to ensure
safety to residents.
C. OTARD Permit.
1. All OTARD permits shall be processed and reviewed consistent with consistent
with the provisions detailed in Chapter 17.73 for a Conditional Wireless Facility
Permit including the application contents detailed at section 17.73.040 and shall be
reviewed by the planning commission at a noticed public hearing. An interested
person may appeal the director’s decision to the planning commission and the
planning commission decision to the city council pursuant to chapter 17.80
(Hearing Notice and Appeal Procedures) of this title.
2. OTARD permits shall be granted if the following findings can be made:
a. The proposed OTARD has been designed and located in compliance with
all applicable provisions of this section.
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b. The applicant has demonstrated the proposed installation is designed such
that the proposed installation represents the least intrusive means possible,
and has shown that all alternative locations and designs identified by the
City were technically infeasible or not reasonably available.
c. The appropriate exemptions have been approved by the director and not
appealed. If appealed, the director’s decision has been upheld.
D. State and Federal Law.
1. The implementation of this section and decisions on applications for placement of
OTARDs shall, at a minimum, ensure that the requirements of this section are
satisfied, unless it is determined by the director that an exemption is necessary
because the applicant has established that denial of an application would violate
federal or state law including but not limited to Code of Federal Regulations at
Title 47, Section 1.40000 et seq. including precluding use of the antenna by
impacting the reception or transmission of an acceptable quality signal.
2. If an applicant contends that denial of the application would violate state or federal
law, the applicant must provide all information and studies upon which the
applicant relies on in support of that claim for the director’s review and
consideration. No such exemption shall be granted unless the applicant
demonstrates with clear and convincing evidence all the following:
a. The proposed antenna qualifies as an OTARD.
b. The applicant has demonstrated that strict compliance with any provision in
this chapter would violate state or federal law.
c. If applicable, a clearly defined coverage map for the proposed OTARD(s)
including full-color signal propagation maps with objective units of signal
strength measurement demonstrating coverage which would be
accomplished with the requested exemption(s) and why this coverage is
necessary, as compared to an installation without the requested
exemption(s).
d. The applicant has provided the City with a meaningful comparative analysis
that includes the factual reasons why any alternative location(s) or
design(s), suggested by the City or otherwise, are not technically feasible or
reasonably available. In addition, the applicant has provided the City with a
meaningful comparative analysis that includes the factual reasons why the
proposed location and design which deviates from the requirements of this
chapter is the least noncompliant location and design necessary to
reasonably achieve the applicant's reasonable objectives.
3. If the director approves an exemption to the requirements of this chapter, said
exemption shall be limited only to the minimum extent required to avoid a potential
violation of state or federal law. Notice of such decision shall be given to the
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applicant, to all owners of property adjacent to the subject property. as well as any
persons who have requested notice for the subject permits, pursuant to section
17.80.090(E). Any interested person may appeal the director's decision to the
planning commission and the planning commission decision to the city council
pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this title.
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of the
City of Rancho Palos Verdes;
That on June 19, 2024, she caused to be posted the following document
entitled: ORDINANCE NO. 682, ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING
§17.76.020 (ANTENNAS) OF CHAPTER 17.76 (MISCELLANEOUS
PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE AND REPLACING IT WITH
CHAPTER 17.73 (WIRELESS TELECOMMUNICATION FACILITIES ON
PRIVATE PROPERTY) (CASE NO. PLCA2022-0008), a copy of which is
attached hereto, in the following locations:
City Hall Ladera Linda Community Park
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct
affidavit of posting.
(--2ify Clerk `�